Chief Justice tells House Judiciary panel delays in family-court cases leave children without permanency; backs H.193 task force review

At a May 1 House Judiciary Committee hearing, the Chief Justice told committee members that resource shortages and procedural complexity in family-court cases have left some children in foster care far longer than statutory timelines and supported the committee’s move toward a child-and-parent legal representation task force under H.193.

The Chief Justice said the court system is stretched: “Unfortunately, due to the dramatic increase in the juvenile docket and shortage of resources, including judges, lawyers, guardian ad litem, and courtrooms, timely decisions are sacrificed for the required process,” and urged lawmakers to consider structural fixes and regionalization of services.

The Chief Justice cited a 2016 Vermont Supreme Court decision, In re A.S. and K.S., 202 Vt. 415, as an example. In that case the Chief Justice said five different attorneys were involved and the trial court took about a year to reach a permanency decision after removal, even though statutory time limits envisioned a much faster schedule. “These two kids were taken out of their mother’s care, and it was a year before the trial court was able to get to a permanency decision,” the Chief Justice told the committee.

The Chief Justice said the court has previously ruled that certain statutory time limits are advisory rather than jurisdictional, meaning missed deadlines do not necessarily strip the court of authority to decide the case. That principle, coupled with increasing caseloads and limited courtroom and staffing capacity, creates lengthy delays, the Chief Justice said.

Committee members and staff asked questions and thanked the Chief Justice for offering to help. The Chief Justice recommended lawmakers examine options including regionalizing parts of the response to juvenile and family cases so attorneys and other professionals are less likely to be double-booked across counties.

The committee’s Chair asked for a straw poll on folding the H.193 language into the committee’s miscellaneous package; no members voiced objection during the meeting. Committee staff were directed to circulate an updated H.193 (version 1.3) for members to review ahead of a possible vote.

Why it matters: Committee members are considering legislative changes aimed at reducing delays and expanding representation for parents and children. The Chief Justice’s testimony framed delays as a systemic problem—driven by resources and process complexity—that can prolong uncertainty for children and families awaiting permanency determinations.

Next steps: The committee said it would circulate an updated H.193 and expects further work with the Chief Justice and stakeholders in coming days.