Determining the Best Interests of the Child - Vermont

Date: July 2023

Guiding Principles

Citation: Ann. Stat. Tit. 33, § 5101

The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes:

  • To provide for the care; protection; education; and healthy mental, physical, and social development of children coming within the provisions of the juvenile judicial proceedings chapters
  • To preserve the family and to separate a child from their parents only when necessary to protect the child from serious harm 
  • To ensure that safety and timely permanency for children are the paramount concerns in the administration and conduct of proceedings under the juvenile judicial proceedings chapters
  • To achieve the foregoing purposes, whenever possible, in a family environment, recognizing the importance of positive parent-child relationships to the well-being and development of children
  • To provide judicial proceedings through which the provisions of the juvenile judicial proceedings chapters are executed and enforced and in which the parties are ensured a fair hearing, and that their constitutional and other legal rights are recognized and enforced

Best Interests Factors

Citation: Ann. Stat. Tit. 15A, § 3-504(c); Tit. 33, § 5114  

At the time of the hearing under this section, the court shall consider the best interests of the child in accordance with the following criteria:

  • The likelihood that the respondent will be able to assume or resume their parental duties within a reasonable period of time
  • The child's adjustment to their home, school, and community
  • The interaction and interrelationship of the child with their parents, siblings, and any other person who may significantly affect the best interests of the child
  • Whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child's welfare 

At the time of a permanency review, a modification hearing, or at any time a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall consider the best interests of the child in accordance with the following: 

  • The interaction and interrelationship of the child with their parents; siblings; foster parents, if any; and any other person who may significantly affect the child's best interests
  • The child's adjustment to their home, school, and community
  • The likelihood that the parent will be able to resume or assume parental duties within a reasonable period of time
  • Whether the parent has played and continues to play a constructive role, including personal contact, and demonstrated emotional support and affection, in the child's welfare

Other Considerations

Citation: Ann. Stat. Tit. 33, § 5114

Except in cases where a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall also consider whether the parent can play a constructive role, including demonstrating emotional support and affection, in the child's welfare.

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