S.194
AN ACT RELATING TO THE SEALING OF JUVENILE RECORDS, CARE OF
CHILDREN IN THE CUSTODY OF THE STATE, AND RIGHTS OF PERSONS UNDER A
GUARDIANSHIP ORDER
It is hereby enacted by the General Assembly of the State
of
Sec. 1. FINDINGS
The general assembly finds that:
(1) As stated in 33 V.S.A.
§ 5501, one of the primary purposes of Vermont’s current approach to the
juvenile system of justice is “to remove from children committing delinquent
acts the taint of criminality and the consequences of criminal behavior and to
provide a program of treatment, training, and rehabilitation consistent with
the protection of the public interest.” This policy recognizes that
children are not simply small adults and that they should be given special
consideration by the courts due to their youth, immaturity, and amenability to
rehabilitation.
(2) Currently,
applications for sealing are filed in less than five percent of delinquency
adjudications. The general assembly believes this is because children or
adults who have a past adjudication of delinquency are often under the false impression that such records are
completely sealed under our current system.
(3) This act establishes a
system that favors the sealing of juvenile records if, after a period of time,
the juvenile does not commit a serious crime or offense, while allowing a judge
the discretion to deny the sealing if he or she believes the juvenile has not
been rehabilitated. The act shifts the burden from the child to the state
to prove that the child’s records should not be used against the child in the
future. If the state presents strong evidence that the child has not been
rehabilitated, the general assembly is confident that the court will wisely
order that the record not be sealed.
Sec. 2. 33 V.S.A. § 5538 is amended to read:
§ 5538. SEALING OF RECORDS
(a)(1) On
application of a child who has been adjudicated delinquent or in need of care
or supervision, or on the court’s own motion, and after notice to all parties
of record and hearing In matters relating to a child who has been
adjudicated delinquent on or after July 1, 1996, the court shall order the
sealing of all files and records of the court applicable related
to the proceeding if it two years have elapsed since the final
discharge of the person unless, on motion of the state’s attorney, the court
finds;:
(1) Two years have elapsed
since the final discharge of the person,
(2) He (A) the person has not
been convicted of a felony or misdemeanor involving moral turpitude listed
crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent or
in need of care or supervision of such an offense after such initial
adjudication and prior to the hearing and no, or a proceeding is
pending seeking such conviction or adjudication, and; or
(3)(B) His
rehabilitation of the person has not been attained to the
satisfaction of the court.
(2) At least 60 days prior
to the date upon which a person is eligible to have his or her delinquency
record automatically sealed pursuant to subdivision (1) of this subsection, the
court shall provide such person’s name and other identifying information to the
state’s attorney in the county in which the person was adjudicated
delinquent. The state’s attorney may object, and a hearing may be held to
address the state’s attorney’s objection.
(3) The order to seal
shall include all the files and records relating to the matter in accordance
with subsection (d) of this section; however, the court may limit the order to
the court files and records only upon good cause shown by the state’s attorney.
(4) The process of sealing
files and records under this subsection for a child who was adjudicated
delinquent on or after July 1, 1996, but before July 1, 2001 shall be
completed by January 1, 2010. The process of sealing files and records
under this subsection for a child who was adjudicated delinquent on or after
July 1, 2001 but before July 1, 2004 shall be completed by January 1, 2008.
(b) In matters relating to
a child who has been adjudicated delinquent prior to July 1, 1996, on
application of the child or on the court’s own motion and after notice to all
parties of record and hearing, the court shall order the sealing of all files
and records related to the proceeding if it finds:
(1) the person has not
been convicted of a listed crime as defined in 13 V.S.A. § 5301 or
adjudicated delinquent for such an offense after such initial adjudication, and
no new proceeding is pending seeking such conviction or adjudication; and
(2) the
person’s rehabilitation has been attained to the satisfaction of the court.
(c) On application of a
person who, while a child, was found to be in need of care or supervision or,
on the court’s own motion, after notice to all parties of record and hearing,
the court may order the sealing of all files and records related to the
proceeding if it finds:
(1) the
person has reached the age of majority; and
(2) sealing
the person’s record is in the interest of justice.
(d) The application or motion and the order may Except
as provided in subdivision (a)(3) and subsection (h)
of this section or otherwise provided, orders issued in accordance with this
section shall include the files and records specified in sections 5536
and 5537 of this title of the court, law enforcement, prosecution, and
the department for children and families related to the specific court
proceeding that is the subject of the sealing.
(b) Notice of a hearing
held under this section shall in any event be given to:
(1) The state’s attorney
having jurisdiction,
(2) If the final discharge
was from an institution or from parole, the authority granting the discharge,
and
(3) If the files and
records specified in sections 5536 and 5537 of this title are included in the
application or motion, the law enforcement officers or department having
custody of the files and records.
(c)(e)(1) Upon
Except as provided in subdivision (2) of this subsection, upon the entry
of an order sealing such files and records under this section, the proceedings
in the matter under this act shall be considered never to have occurred, all general
index references thereto shall be deleted, and the person, the court, and law
enforcement officers and departments shall reply to any request for information
that no record exists with respect to such person upon inquiry in any
matter. Copies of the order shall be sent to each agency or official
named therein.
(2)(A) Any court, agency,
or department that seals a record pursuant to an order under this section may
keep a special index of files and records that have been sealed. This
index shall only list the name and date of birth of the subject of the sealed
files and records and the docket number of the proceeding which was the subject
of the sealing. The special index shall be confidential and may be accessed
only for purposes for which a department or agency may request to unseal a file
or record pursuant to subsection (f) of this section.
(B) Access to the special
index shall be restricted to the following persons:
(i)
the clerk of the district or family court;
(ii) the
commissioner and general counsel of any administrative department;
(iii) the
secretary and general counsel of any administrative agency;
(iv) a
sheriff;
(v) a
police chief;
(vi) a
state’s attorney;
(vii) the
attorney general;
(viii) the
director of the
(ix) a
designated clerical staff person in each office identified in subdivisions (i)–(viii) of this subdivision (B) who is necessary for
establishing and maintaining the indices for persons who are permitted access.
(C) Persons authorized to
access an index pursuant to subdivision (B) of this subdivision (2) may access
only the index of their own department or agency.
(d)(f)(1) Inspection
Except as provided in subdivisions (2), (3), and (4) of this subsection,
inspection of the files and records included in the order may thereafter be
permitted by the court only upon petition by the person who is the subject of
such records, and only to those persons named therein.
(2) Upon a confidential
motion of any department or agency that was required to seal files and records
pursuant to subsection (d) of this section, the court may permit the department
or agency to inspect its own files and records if it finds circumstances in
which the department or agency requires access to such files and records to
respond to a legal action, a legal claim, or an administrative action filed
against the department or agency in relation to incidents or persons that are
the subject of such files and records. The files and records shall be
unsealed only for the minimum time necessary to address the circumstances
enumerated in this subdivision, at which time the records and files shall be
resealed.
(3) Upon a confidential
motion of the department for children and families, the court may permit the
department to inspect its own files and records if the court finds
extraordinary circumstances in which the state’s interest in the protection of
a child clearly outweighs the purposes of the juvenile sealing law and the
privacy rights of the person or persons who are the subjects of the record, and
the sealed record is necessary to accomplish the state’s interest. The
motion may be heard ex parte if the court, based upon an affidavit, finds a
compelling purpose exists to deny notice to the subject of the files and
records when considering whether to grant the order. If the order to
unseal is issued ex parte, the court shall send notice of the unsealing to the
subject of the files and records within 20 days unless the department provides
a compelling reason why the subject of the files and records should not receive
notice. The files and records shall be unsealed only for the minimum time
necessary to address the extraordinary circumstances at which time the files
and records shall be resealed.
(4) Upon a confidential
motion of a law enforcement officer or prosecuting attorney, the court may
permit the department or agency to inspect its own files and records if the
court finds extraordinary circumstances in which the state’s interest in public
safety clearly outweighs the purposes of the juvenile sealing law and the
privacy rights of the person or persons who are the subjects of the record, and
the sealed record is necessary to accomplish the state’s interest. The
motion may be heard ex parte if the court, based upon an affidavit, finds a
compelling public safety purpose exists to deny notice to the subject of the
files and records when considering whether to grant the order. If the
order to unseal is issued ex parte, the court shall send notice of the
unsealing to the subject of the files and records within 20 days unless the law
enforcement officer or prosecuting attorney provides a compelling public safety
reason why the subject of the files and records should not receive notice.
The files and records shall be unsealed only for the minimum time
necessary to address the extraordinary circumstances at which time the files
and records shall be resealed.
(5) The order unsealing a
record must state whether the record is unsealed entirely or in part and the
duration of the unsealing. If the court’s order unseals only part of the
record or unseals the record only as to certain persons, the order must specify
the particular records that are unsealed or the particular persons who may have
access to the record, or both.
(e)(g) On
application of a person who has pleaded guilty to or has been convicted of the
commission of a crime committed under the laws of this state prior to attaining
the age of majority, or on the motion of the court having jurisdiction over
such a person, the files and records may be sealed after proceedings in
conformity with and subject to the limitations of subsections (a), (b), (c) and
(d) of this section after notice to all parties of record and hearing,
the court shall order the sealing of all files and records related to the
proceeding if it finds:
(1) two years have elapsed
since the final discharge of the person;
(2) the person has not
been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated
delinquent for such an offense after the initial conviction and no new
proceeding is pending seeking such conviction or adjudication; and
(3) the
person’s rehabilitation has been attained to the satisfaction of the court.
(h)(1) In matters relating
to a person who was charged with a criminal offense on or after July 1, 2006
and prior to the person attaining the age of majority, the files and records of
the court applicable to the proceeding shall be sealed immediately if the case
is dismissed.
(2) In matters relating to
a person who was charged with a criminal offense prior to July 1, 2006 and
prior to the person attaining the age of majority, the person may apply to seal
the files and records of the court applicable to the proceeding. The court
shall order the sealing, provided that two years have elapsed since the
dismissal of the charge.
(i)
Upon receipt of a court order to seal a record relating to an offense for which
there is an identifiable victim, a state’s attorney shall record the name and
date of birth of the victim, the offense, and the date of the offense.
The name and any identifying information regarding the defendant shall not be
recorded. Victim information retained by a state’s attorney pursuant to
this subsection shall be available only to victims’ advocates, the victims’
compensation program, and the victim and shall otherwise be confidential.
(j) For purposes of this
section, to “seal” a file or record means to physically and electronically
segregate the record in a manner that ensures confidentiality of the record and
limits access only to those persons who are authorized by law or court order to
view the record. A “sealed” file or record is retained and shall not be
destroyed unless a court issues an order to expunge the record.
(k) The court shall
provide assistance to persons who seek to file an application for sealing under
this section.
(l) Any entities subject
to sealing orders pursuant to this section shall establish policies for
implementing this section and shall provide a copy of such policies to the
house and senate committees on judiciary no later than January 15, 2007.
State’s attorneys, sheriffs, municipal police, and the judiciary are encouraged
to adopt a consistent policy that may apply to each of their independent
offices and may submit one policy to the general assembly.
Sec. 3. 13 V.S.A. § 7041(d) is amended to read:
(d) Upon
violation of the terms of probation or of the deferred sentence agreement, the
court shall impose sentence. Upon fulfillment of the terms of probation
and of the deferred sentence agreement, the court shall strike the adjudication
of guilt and discharge the respondent. Upon discharge, the record of the
criminal proceedings shall be expunged as if an application pursuant to section
5538 of Title 33 had been granted, except that the record shall not be
expunged until restitution has been paid in full, absent a finding of good
cause by the court.
Sec. 4. 3 V.S.A. § 163(e) is amended to read:
§ 163. JUVENILE COURT DIVERSION PROJECT
* * *
(e) Within 30 days of the
two-year anniversary of a successful completion of juvenile diversion, the
court shall provide notice to all parties of record of the court’s intention
to order the sealing of all court files and records, law enforcement records
other than entries in the juvenile court diversion project’s centralized filing
system, fingerprints, and photographs applicable to a juvenile court diversion
proceeding. The court shall give the state’s attorney an opportunity
for a hearing to contest the sealing of records. The court shall seal the
records if it unless, upon motion, the court finds:
(1) two years have elapsed
since the successful completion of the juvenile court diversion program by the
participant and the dismissal of the case by the state’s attorney;
(2) the participant has not
been convicted of a subsequent felony or misdemeanor during the two-year
period, and no or proceedings are pending seeking such
conviction; and or
(3)(2) rehabilitation of the participant has not been
attained to the satisfaction of the court.
Sec. 5. 33 V.S.A. § 5514 is amended to read:
§ 5514. DETENTION; TEMPORARY CARE PENDING HEARING
(a) A child taken into
custody under section 5510 of this title and not immediately released to his
the child’s parents, guardian or custodian, or delivered to a designated
shelter, shall be by order of the court provided temporary shelter care or
detention prior to a detention hearing on a petition held under this chapter or
a hearing before a probate or other court upon a transfer thereto under section
5529(b) of this title in one or more of the following places:
(1) The home of his the
child’s parents, guardian, custodian, or other suitable person designated
by the court, upon their undertaking to bring the child before the court at the
detention hearing,
(2) A licensed foster home or
a home approved by the court,.
(3) A facility operated by a
licensed child caring agency,.
(4) A detention home or
center for delinquent children which is under the direction or supervision of
or approved by the department of social and rehabilitation services, or
(5) In the event that the child has been or will be or
may be transferred under section subsection 5529(b) of this
title, in any other suitable place designated by the court; or shall
transfer legal custody of the child to the commissioner of social and
rehabilitation services, if the court believes the child may be found
delinquent, if the court believes the child may be found in need of care or
supervision, pending such detention or other hearing.
(b) If the court concludes
that a child taken into custody under section 5510 of this title may be found
delinquent or in need of care or supervision, the court may transfer legal
custody of the child to the commissioner pending a detention hearing.
Unless ordered otherwise at or after the detention hearing, the commissioner
shall have sole authority to place the child in a family home, a treatment,
rehabilitative, detention, or educational institution or facility, subject to
the provisions of section 5535 of this title.
(c) If a parent, guardian or custodian fails, when
requested to bring a child before the court as provided in subdivision (1) of
subsection (a) of this section, the court may issue its warrant directing that
the child be taken into custody and brought before the court.
(c)(d) A child
shall not be detained under this section in a jail or other facility intended
or used for the detention of adults, unless the child is alleged to have
committed a crime punishable by death or life imprisonment, and it appears to
the satisfaction of the court that public safety and protection reasonably
require such detention.
(d)(e) The official
in charge of a jail or other facility intended or used for the detention of
adult offenders or persons charged with crime shall inform the court
immediately when a minor, who is or appears to be under the age of 18 years, is
received at the facility other than pursuant to subsection (c)(d)
of this section or section 5530 of this title, and shall deliver the minor to
the court upon request of the court, or transfer the minor to the detention
facility designated by the court by order.
Sec. 6. 33 V.S.A. § 5515(d) is amended to read:
(d) If a petition with
respect to the child has been filed with the court under section 5517 of this
title during or prior to the detention hearing, and in the event the court
finds, upon the detention hearing, that the continued detention of the child
would be to his the child’s best interests and welfare or that public
safety and protection reasonably require such detention, he it
shall forthwith order the continued detention or custody of the child pending
the full hearing held under section 5519 of this title. Upon a finding
at the detention hearing that no other suitable placement is available and the
child presents a risk of injury to him or herself, to others or to property,
the court may order that the child be placed in a secure facility used for the
detention of delinquent children until the commissioner determines that a
suitable placement is available for the child. Alternatively, the court
may order that the child be placed at a secure facility used for the detention
of delinquent children for up to seven days. Any order for placement at a
secure facility shall expire at the end of the seventh day following its
issuance unless, after hearing, the court extends the order for a time period
not to exceed seven days.
Sec. 7. 33 V.S.A. § 5515(f)(4) is
amended to read:
(f) At the conclusion of the
detention hearing, the court shall make written findings on whether reasonable
efforts were made to prevent unnecessary removal of the child from the
home. “Reasonable efforts” means the exercise of due diligence by the
department for children and families to use appropriate and available services
to prevent unnecessary removal of the child from the home. When making
the reasonable efforts determination, the court may find that no services were
appropriate or reasonable considering the circumstances. If the court makes
written findings that aggravated circumstances are present, the court may make,
but shall not be required to make, written findings as to whether reasonable
efforts were made to prevent removal of the child from the home.
Aggravated circumstances may include:
* * *
(4) the
parental rights of the parent with respect to a sibling have been terminated involuntarily.
Sec. 8. STUDY
(a) A committee shall be
established for the purpose of studying and recommending legislative changes to
chapter 55 of Title 33, relating to juvenile delinquency and children in need
of care or supervision proceedings.
(b) The committee shall
include:
(1) the
administrative judge or his or her designee;
(2) the
juvenile defender;
(3) the
executive director of the department of state’s attorneys and sheriffs or his
or her designee;
(4) the
commissioner of the department for children and families or his or her
designee;
(5) the
director of juvenile justice;
(6) the
attorney general or his or her designee;
(7) an
attorney specializing in representing children in juvenile proceedings
appointed by the
(8) an
attorney specializing in representing parents in juvenile proceedings appointed
by the
(9) the
commissioner of public safety or his or her designee; and
(10) a
representative from the
(c) The judge shall
convene the meetings and chair the committee. Administrative support
shall be provided jointly by the court administrator’s office and the
department for children and families.
(d) The committee shall
report its findings and recommendations to the house and senate committees on
judiciary by January 15, 2007, after which the committee shall cease to exist.
Sec. 9. 14 V.S.A. § 3061 is amended to read:
§ 3061. DEFINITIONS
The words and
phrases used in this subchapter shall be defined as follows:
* * *
(4) “Mentally
retarded” “Developmentally disabled” means significantly subaverage intellectual functioning which exists concurrently
with deficits in adaptive behavior;
* * *
(11)
“Respondent” means a person who is the subject of a petition filed pursuant to
section 3063 of this title or a ward who is the subject of any subsequent
petition, motion or action filed pursuant to this subchapter.
(12)
“Party” shall have the same meaning as defined by Rule 17(a)(3)
and (b) of the
(13)
“Ward” means a person under a guardianship order.
Sec. 10. 14 V.S.A. § 3065 is amended to read:
§ 3065. COUNSEL
(a)(1)
Counsel shall be appointed for the respondent in initial proceedings
relating to an involuntary guardianship up to and including the appointment of
a guardian under section 3069 or 3070 of this title or dismissal of the
petition under section 3068 of this title. Counsel shall have the right to
withdraw after a guardian is appointed or after dismissal. The
respondent shall have the right to be represented by counsel of his or her own
choosing at any stage of a guardianship proceeding. Unless a respondent
is already represented, the court:
(A) shall appoint counsel for the respondent when an initial
petition for guardianship is filed;
(B) shall appoint counsel for the respondent in any subsequent
proceeding if the respondent or a party requests appointment in writing; and
(C) may appoint counsel for the respondent on the court’s
initiative in any subsequent proceeding.
(2)
Appointed counsel shall have the right to withdraw upon conclusion of the
proceeding for which he or she has been appointed.
(b) Counsel
shall receive a copy of the petition upon appointment and copies of all other
documents upon filing with the court. Counsel shall consult with the
respondent prior to the any hearing and, to the maximum extent possible, explain to the respondent the meaning of the
proceedings and of all relevant documents. Counsel for the respondent
shall act as an advocate for the respondent and shall not substitute counsel’s
own judgment for that of the respondent on the subject of what may be in the best
interest of the respondent. Counsel’s role shall be distinct from that of
a guardian ad litem if one is appointed. At a
minimum, counsel shall endeavor to ensure that:
(1) the wishes of the respondent, including those contained in
an advance directive, as to the matter before the court are presented to the
court;
(2) there is no less restrictive alternative to guardianship or
to the matter before the court;
(3) proper due process procedure is followed;
(4) no
substantial rights of the respondent are waived, except with the respondent’s
consent and the court’s approval, provided that the evaluation and report
required under section 3067 of this title and the hearing required under
section 3068 of this title may not be waived;
(5) the petitioner proves allegations in the petition by clear
and convincing evidence in an initial proceeding, and applicable legal
standards are met in subsequent proceedings;
(6) the proposed guardian is a qualified person to serve or to
continue to serve, consistent with section 3072 of this title; and
(7) if a guardian is appointed, the initial order or any
subsequent order is least restrictive of the ward’s personal freedom consistent
with the need for supervision.
(c)
Respondent’s counsel shall be compensated from the respondent’s estate unless
the respondent is found indigent in accordance with Rule 3.1 of the Rules of
Civil Procedure. For indigent respondents, the court shall maintain a
list of pro bono counsel from the private bar to be used before appointing
nonprofit legal services organizations to serve as counsel.
Sec. 11. 14 V.S.A. § 3068a
is added to read:
§ 3068a. RIGHTS OF A WARD
A ward retains the same legal
and civil rights guaranteed to all
(1) The right to
participate in decisions made by the guardian and to have personal preferences
followed unless:
(A) the
preference is unreasonable and would result in actual harm; or
(B) the
ward does not have a basic understanding of the benefits and consequences of
his or her chosen preference.
(2) The right, without
interference from anyone, to retain an attorney and to communicate freely with
counsel, the court, ombudsmen, advocates of his or her choosing, and other
persons authorized by law to act as an advocate for the ward.
Sec. 12. 14 V.S.A. § 3069(b)(5) is
amended to read:
(5) to consent to surgery or
other medical procedures, subject to the provisions of section 3075 of this
title, subsection 9711(g) of Title 18, and any constitutional right of
the ward to refuse treatment;
Sec. 13. 14 V.S.A. § 3073 is amended to read:
§ 3073. CHANGE OF RESIDENTIAL
PLACEMENT
(a)(1)
When a guardian who has been granted the power to choose or change the
residence of the ward pursuant to section subdivision 3069(b)(1) of this title wishes to admit the ward to a nursing
home or change the residential placement of the ward from a private home to
a boarding home, nursing home, residential care home, assisted living
residence, group home, or other similar facility, the guardian must
first file a motion for permission to do so.
(2) For
any other change of residence sought by a guardian who has been granted the
power to choose or change the residence of the ward pursuant to subdivision
3069(b)(1) of this title, the guardian shall give
notice to all parties and to such other persons as the court directs as soon as
practicable prior to the change of placement.
(b)(1)
In an emergency, the a guardian who has been granted the power
to choose or change the residence of the ward pursuant to subdivision 3069(b)(1) of this title may change the residential placement
of the ward from a private home to a boarding home, nursing home,
residential care home, group home or other similar facility without petitioning
the probate court for prior permission without petitioning the court for
prior permission or without giving prior notice to parties.
Immediately after the any emergency change in residential
placement for which prior permission under subsection (a) of this section
would be required in the absence of an emergency, the guardian shall file a
motion for permission to continue the placement. A hearing on the
change in residential placement
(2)
Immediately after any emergency change of placement for which prior permission
under subsection (a) of this section is not required, the guardian shall give
notice of the change of placement to all parties and to such other persons as
the court directs.
(3) Any
party may request a hearing on a change in residential placement. The
hearing shall be set for the earliest
possible date and shall be given precedence over other probate matters.
(c) In a
hearing on a change of placement, the court shall consider:
(1) the need for the change of placement;
(2) the appropriateness of the new placement;
(3) the wishes of the ward, if known; and
(4) whether the guardian has considered alternatives.
Sec. 14. STUDY; GUARDIANSHIP MONITORS
(a) The general assembly
finds:
(1) Current law requires
guardians to file annual reports with the court about the financial and
personal status of the person in need of guardianship. Frequently, annual
accountings and personal status reports either are not
filed or are filed but contain incomplete or inaccurate information.
(2) Currently, courts may
not have the resources to monitor every guardianship
and must rely on the information provided by the guardian in the annual report
to identify problems that arise in the guardianship. Mistakes, conflicts
of interest, and abuses of power may go unnoticed unless the guardian or a
person interested in the welfare of the ward brings it to the court’s
attention.
(3) Current law requires
annual notices to wards of the right to petition to terminate or modify
guardianships. Even when annual notices are sent, wards may not be able
to take steps on their own to bring issues to the attention of the court, even
when real issues exist.
(4) A system of
comprehensive monitoring may help protect the rights and interests of persons
under guardianship.
(b) A committee is
established to study the need for and feasibility of establishing a pilot
guardianship monitor program in at least two probate court districts.
(c) The committee shall
consist of the following members:
(1) Two sitting probate
judges appointed by the
(2) A member of the court
administrator’s office.
(3) A representative of
the elder law committee of the
(4) A representative of
the disability law committee of the
(5) A representative of
Vermont Legal Aid, Inc.
(6) Two representatives
appointed by the secretary of the agency of human services, including a
representative from the department of disabilities, aging, and independent
living.
(7) A representative of
the community of
(8) A representative of
(9) A representative of
the
(d) The committee shall
report its findings and recommendations to the house and senate committees on
judiciary and the governor on or before January 15, 2007. The report shall
include a recommendation of whether a system of guardianship monitoring is
needed and, if so, a complete description, analysis, and recommendations for
the following:
(1) The duties and
responsibilities of the monitor.
(2) The number of monitors
needed to staff a pilot program.
(3) The location and
supervision of the monitor.
(4) The relationship of
the monitor to the probate judges and the court administrator’s office.
(5) The average caseload
of a monitor.
(6) The cost of
establishing a pilot guardianship monitor program and the cost of a statewide
guardianship monitor program.
(7) The probate court
districts which will be included in a pilot program.
(8) The method for
measuring the outcome of a pilot program.
(9) The duration of a
pilot program.
Sec. 15. STATUTORY REVISION
The office of
legislative council shall revise subchapter 12 of chapter 111 of Title 14 by
substituting the term “developmentally disabled” for the term “mentally
retarded” wherever it appears.
Sec. 16. EFFECTIVE DATE
Secs. 8 and 14
of this act shall take effect upon passage, and the remainder of the act shall
take effect September 1, 2006.