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Major Bill Targeting Enhanced Protection for Minors and Adults in USVI Advances

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Sen. Novelle Francis sponsors the sweeping guardianship and conservatorship reform in the USVI. By V.I. LEGISLATURE.

A comprehensive reform of the legal framework governing guardianships and conservatorships in the USVI is progressing with the committee passage of Bill 35-0174.

“When I first filed this bill draft, my intention was only to address the concerns brought forward by the Virgin Islands AARP specific to our elderly community,” said the bill’s primary sponsor, Senator Novelle Francis, during the Committee on Rules & Judiciary session. “However, upon a closer review of the statute enacted in 2016, and the recommendations of the legislature’s legal counsel, it became apparent that the best approach for this bill was to update the existing Guardianship and Protective Proceedings Act.”

This overhaul ensures compliance with federal guidelines and provides “the least restrictive means necessary for protecting both minors and adults who cannot care for themselves,” Francis noted. Over a fifth of the territory’s population is over the age of 65.

Francis urged his colleagues to not be intimidated by the draft legislation’s size, explaining that a piecemeal revision could leave critical gaps and omissions.

Invited testifiers largely supported the legislation, though some recommended adjustments to ensure its effectiveness. Chief Territorial Public Defender Julie Todman expects the measure to “reduce expenses, increase accountability, reduce crime, clarify rights, and reduce court backlogs.”

Todman emphasized the importance of the bill’s clear rules for non-lawyers and its provisions for registering guardianships issued in other jurisdictions and notifying non-parties of guardianship proceedings.

Troy De Chabert-Houston, state director for the Virgin Islands AARP, supported the measure, calling it an “upgrade” to the 2016 legislation. He highlighted its efficiency and fairness for older Virgin Islanders and the protection of civil rights for the AARP’s 21,000 members in the territory.

Ben Orzeske, Chief Counsel for the Uniform Law Commission (ULC), noted that the last Uniform Act on Guardianship dates back to 1997. The new Uniform Act, adopted in only two states thus far, aims to grant more rights to adults under guardianship. “The average adult who is subject to guardianship has fewer rights than a convicted felon. That’s not right,” Orzeske said, advocating for significant reform.

Orzeske highlighted the bill’s provision for more flexible court arrangements and less restrictive solutions, which could divert many cases from the guardianship system.

In response to Senator Milton Potter’s inquiry, Orzeske asserted that under the new law, controversial conservatorships like those of Britney Spears and Michael Oher would not be allowed. “There’s greater protection in this law than there would be under your current law,” he said.

Tom Bolt, chair of the Bar Association’s Probate Law Committee, called the draft bill a necessary intervention to modernize probate, guardianship, and estate planning laws.

Despite recognizing the need for updated measures, Bolt suggested delaying the new provisions until the new year to allow for legal education and preparation.

The Department of Human Services supported the measure, with Assistant Commissioner Carla Benjamin suggesting revisions, including the automatic provision of legal counsel to parents and minors and removing language that could imply court-sanctioned child marriage. She also recommended that courts assume the same responsibilities as DHS when placing a child under guardianship.

Regina Petersen, Administrator of Courts, expressed concerns about the bill’s operational impact, predicting substantial increases in costs associated with court-appointed counsel and mandatory hearings. Petersen advised a thorough evaluation and informed decision-making before adoption.

Jessica McKinney, chair of the VI Bar Association Legislation and Law Reform Committee, recommended careful attention to the bill’s terminology to avoid unintended consequences and ensure that individuals can exit protective arrangements freely once able to make their own decisions.

Lawmakers generally supported the measure, commending Sen. Francis and the bill’s cosponsors. However, some, like Senator Potter, voiced concerns about the magnitude of the overhaul and suggested more work before enactment.

Senator Franklin Johnson raised the issue of elderly people being abandoned at hospitals by their next of kin. Orzeske and Bolt believed the new measures could address this issue, but Benjamin was skeptical without explicit language in the bill. Orzeske noted that as fiduciaries, guardians are legally required to act in the best interest of the individuals they represent.

De Chabert-Schuster mentioned that the AARP is working on comprehensive anti-elder abuse legislation, aiming to make abandonment and neglect a felony.

Despite calls for amendments and further consultation, Sen. Francis urged immediate advancement of the measure, promising to incorporate necessary tweaks later. “Every time we delay moving critical legislation forward, is justice delayed, is justice denied,” he said.

Ultimately, all six committee members present approved the measure for consideration by the full legislative body.

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USVI Community Pulse

Blue Skies Sandbag Distribution Scheduled for Seniors and Homebound Physically-Challenged Residents

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July 26, 2024 – The Bryan-Roach Administration urges residents to prepare for the hurricane season. In a collaborative effort the Virgin Islands Territorial Emergency Management Agency (VITEMA), VI Fire & Emergency Medical Services (VIFEMS), and the VI Department of Public Works (VIDPW) will begin the distribution of sandbags to homebound physically-challenged and/or senior residents throughout the territory, starting Thursday, August 1st until Friday, August 2nd.

Special care home delivery will be available to eligible seniors and disabled residents that live alone, unable to pick up sandbags and are registered into the VI Department of Human Services’s Emergency Assistance Senior/Disabled Registry.

Eligible residents who need the six (6) sandbags delivered are asked to contact the hotline numbers listed below from 9:00 am until 4:30 pm on Monday, July 29th, and Tuesday, July 30th:

  • St. Thomas/St. John at (340) 715-6935
  • St. Croix at (340) 713-6825

If the numbers above are busy, please call ADA coordinators office 340-998-3571.

Director Daryl Jaschen emphasizes to the community that planning and preparedness is one of the key missions of VITEMA. This announcement demonstrates proactive measures being taken to protect vulnerable residents in the U.S. Virgin Islands during this hurricane season. It’s a good example of how local governments can help prepare their communities for potential natural disasters.

For more information and hurricane preparedness, please go to VITEMA.VI.GOV– Be Prepared, Stay Informed, Be Vigilant.

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USVI Community Pulse

USVI Fashion Scene: Local Designers and Trends

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The fashion scene in the US Virgin Islands is a dynamic blend of traditional Caribbean aesthetics and modern trends. Local designers are making significant strides, bringing unique styles to the forefront and gaining international attention.

Leading Local Designers

MIST – Made in St. Thomas

MIST specializes in handmade screen prints that reflect the vibrant island life. Their collection ranges from streetwear and beachwear to athletic wear, offering pieces for men, women, and children. Each garment embodies the spirit of St. Thomas with bold colors and tropical themes.

Dimes & Nickels Apparel

Founded by Dhymond Nicholls and Kayla Dittrich, this brand showcases the creativity and culture of the Virgin Islands. Known for its vivid colors and bold designs, Dimes & Nickels started with hand-painted shirts and shoes, evolving into a graphic design brand that remains true to its island roots​.

DPMNM – Don’t Pay Me No Mind

Originating from St. Croix, this brand was established by Felix London in 2015. DPMNM merges high fashion with urban streetwear, promoting individuality and personal style. The brand’s mantra, “Don’t Pay Me No Mind,” encourages wearers to express themselves without concern for outside opinions​.

Made in St. John

This St. John-based company designs and prints all their clothing locally. Their collection, known for its soft, premium fabrics, draws inspiration from the island’s natural beauty and unique quirks. Their store in Mongoose Junction is a popular spot for both locals and tourists​.

Sloop Jones

Sloop Jones creates wearable art with colorful and whimsical patterns. His clothing, made from high-quality cotton and linen, is perfect for the tropical climate. Each piece is a testament to the island’s artistic heritage and vibrant culture​

Asha World Designs

Based in St. Croix, Asha World Designs offers a wide range of eclectic attire, from vintage and ethnic clothing to pieces by emerging global designers. The brand encourages a sense of adventure and curiosity, blending different cultural influences into their designs​.

Just Beach

Located in Mongoose Junction, St. John, Just Beach caters to all beachwear needs. Their inventory includes swimwear, T-shirts, flip-flops, beach bags, and more. The store is a favorite for those looking to blend beach fun with stylish, comfortable clothing​.

Fashion Trends in the USVI

Sustainable and Eco-Friendly Materials

Designers in the USVI are increasingly using sustainable materials like hemp, bamboo, and organic cotton. These fabrics are not only environmentally friendly but also ideal for the tropical climate, offering breathability and comfort​​.

Bold Colors and Patterns

Inspired by the islands’ natural beauty, USVI fashion is characterized by bright, bold colors and tropical patterns. Designers draw from the vibrant blues of the ocean, lush greens of the flora, and the warm hues of the sunsets, creating pieces that are both eye-catching and representative of island life​​.

Traditional Meets Modern

Many local designers blend traditional Caribbean styles with modern fashion trends. This fusion results in unique pieces that pay homage to the islands’ cultural heritage while appealing to contemporary tastes. From evening gowns to casual wear, this trend is evident across various collections.

Handcrafted Accessories

Accessories play a significant role in USVI fashion. Local artisans create stunning jewelry, bags, and footwear using materials like straw, shells, and beads. These accessories often feature intricate designs and are a testament to the islands’ craftsmanship and attention to detail​.

The fashion landscape in the US Virgin Islands is a vibrant tapestry of cultural influences and modern innovations. Local designers are not only preserving the islands’ rich heritage but also pushing the boundaries of fashion, gaining recognition both locally and internationally. Whether through bold colors, sustainable practices, or the fusion of traditional and contemporary styles, the USVI fashion scene continues to captivate and inspire.

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USVI Community Pulse

Historical Figures from USVI: Their Stories and Legacies

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CC0, via Wikimedia Commons

USVI have a rich history, marked by the influential lives and legacies of numerous notable individuals. These figures, spanning various fields such as politics, art, business, and activism, have left indelible marks on both local and international stages.

Camille Pissarro

Camille Pissarro (1830-1903), a key figure in the Impressionist and Neo-Impressionist movements, was born on St. Thomas. He is celebrated for his realistic, open-air paintings that depicted everyday life in France. Pissarro’s artistic journey began in St. Thomas, where he nurtured his talent before moving to Paris. His legacy includes influencing renowned artists like Paul Gauguin and Paul Cézanne.

William Alexander Leidesdorff Jr.

William Alexander Leidesdorff Jr. (1810-1848), born on St. Croix, is often referred to as the “African Founding Father of California.” A successful entrepreneur in San Francisco, he was instrumental in developing the city’s infrastructure. Leidesdorff’s achievements include establishing the first hotel and general store in San Francisco, as well as serving as the city’s Treasurer and U.S. Vice Consul to Mexico​.

Queen Mary

Mary Thomas, known as Queen Mary, was a leader of the 1878 “Fireburn” labor riot on St. Croix. This rebellion was pivotal in the fight for workers’ rights and improved conditions for laborers in the Danish West Indies. Queen Mary’s legacy is celebrated for her bravery and commitment to social justice.

Alexander Hamilton

Alexander Hamilton, one of the founding fathers of the United States and the first Secretary of the Treasury, spent part of his youth on St. Croix. His early experiences on the island shaped his views on economics and governance, which he later implemented in the formation of the U.S. financial system.

Bertha C. Boschulte

An influential educator, Bertha C. Boschulte (1906-2004), made significant contributions to the education system in the Virgin Islands. She founded the first St. Thomas Teachers Institute and the St. Thomas Evening School. Her efforts in professional development for teachers have had a lasting impact on the region’s educational standards​.

Ansetta de Chabert

Ansetta de Chabert (1908-1976) was a pioneering businesswoman in St. Croix. Following her husband’s death, she successfully managed and expanded the family’s assets, including significant land deals with Hess Oil and the development of the Sunny Isle Shopping Center. Her contributions to the local economy and public service have cemented her legacy as a trailblazer in business and community leadership​.

Blackbeard and Jean Hamlin

The infamous pirate Blackbeard is linked to St. Thomas, where local lore suggests he used a watchtower, now known as Blackbeard’s Castle, as a base for his operations. Similarly, French buccaneer Jean Hamlin frequented the island during the 17th century, adding to the colorful history of piracy in the region.

Moses Gottlieb (General Buddhoe)

Moses Gottlieb, also known as General Buddhoe, was a key figure in the 1848 Emancipation of enslaved people in the Danish West Indies. His leadership in organizing a successful rebellion on St. Croix led to the abolition of slavery, a monumental event celebrated annually as Emancipation Day in the Virgin Islands.

The legacies of these historical figures from the USVI continue to influence and inspire, reflecting the diverse and dynamic history of the islands. Their stories are a testament to the region’s rich cultural heritage and the enduring impact of its people on the wider world.

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