{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-252.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-252.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-252.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-252.html"}],"law_id":70845,"edition_id":1,"section_id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","history":"1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769; 1994, c. 42; 1995, c. 817; 1997, c. 790; 1999, c. 668; 2000, c. 385; 2008, c. 397; 2013, c. 130; 2017, c. 190; 2019, c. 434.","full_text":"A\n\nA preliminary removal order in cases in which a child is alleged to have been abused or neglected may be issued by the court after a hearing wherein the court finds that reasonable efforts have been made to prevent removal of the child from his home. The hearing shall be in the nature of a preliminary hearing rather than a final determination of custody.B\n\nPrior to the removal hearing, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian or other person standing in loco parentis of the child and to the child if he or she is 12 years of age or older. If notice to the parents, guardian, legal custodian or other person standing in loco parentis cannot be given despite diligent efforts to do so, the hearing shall be held nonetheless, and the parents, guardian, legal custodian or other person standing in loco parentis shall be afforded a later hearing on their motion regarding a continuation of the summary removal order. The notice provided herein shall include (i) the time, date and place for the hearing; (ii) a specific statement of the factual circumstances which allegedly necessitate removal of the child; and (iii) notice that child support will be considered if a determination is made that the child must be removed from the home.C\n\nAll parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.D\n\nAt the removal hearing the child and his parent, guardian, legal custodian or other person standing in loco parentis shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf. If the child was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the hearing, the child’s attorney or guardian ad litem, or if the child has been committed to the custody of the Department of Social Services, the local department of social services, may apply for an order from the court that the child’s testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The provisions of § 63.2-1521 shall apply, mutatis mutandis, to the use of two-way closed-circuit television except that the person seeking the order shall apply for the order at least 48 hours before the hearing, unless the court for good cause shown allows the application to be made at a later time.E\n\nIn order for a preliminary order to issue or for an existing order to be continued, the petitioning party or agency must prove:1\n\nThe child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition; and2\n\nReasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably and adequately protect the child’s life or health pending a final hearing on the petition. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order pursuant to § 16.1-253.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court to make reasonable efforts to prevent removal of the child from his home if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”F\n\nIf the court determines that pursuant to subsection E hereof the removal of the child is proper, the court shall:1\n\nOrder that the child be placed in the temporary care and custody of a suitable person, subject to the provisions of subsection F1 and under the supervision of the local department of social services, with consideration being given to placement in the temporary care and custody of a person with a legitimate interest until such time as the court enters an order of disposition pursuant to § 16.1-278.2, or, if such placement is not available, in the care and custody of a suitable agency;2\n\nOrder that reasonable visitation be allowed between the child and his parents, guardian, legal custodian or other person standing in loco parentis, and between the child and his siblings, if such visitation would not endanger the child’s life or health; and3\n\nOrder that the parent or other legally obligated person pay child support pursuant to § 16.1-290.\n\t\t\t\tIn addition, the court may enter a preliminary protective order pursuant to § 16.1-253 imposing requirements and conditions as specified in that section which the court deems appropriate for protection of the welfare of the child.F1\n\nPrior to the entry of an order pursuant to subsection F transferring temporary custody of the child to a person with a legitimate interest, the court shall consider whether such person is one who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court’s order transferring temporary custody to a person with a legitimate interest should provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253; initiation and completion of the investigation as directed by the court and court review of the child’s placement required in accordance with the provisions of § 16.1-278.2; and, as appropriate, ongoing provision of social services to the child and the temporary custodian.G\n\nAt the conclusion of the preliminary removal order hearing, the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child’s guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary removal hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the preliminary removal order hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The hearing shall be held and an order may be entered, although a party to the preliminary removal order hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tThe preliminary removal order and any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.H\n\nIf the preliminary removal order includes a finding of abuse or neglect and the child is removed from his home or a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. The dispositional hearing shall be scheduled at the time of the preliminary removal order hearing and shall be held within 60 days of the preliminary removal order hearing. If an adjudicatory hearing is requested pursuant to subsection G, the dispositional hearing shall nonetheless be scheduled at the initial preliminary removal order hearing. All parties present at the preliminary removal order hearing shall be given notice of the date scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.I\n\nThe local department of social services having “legal custody” of a child as defined in § 16.1-228 (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent.J\n\nViolation of any order issued pursuant to this section shall constitute contempt of court.","order_by":null,"text":{"0":{"id":255456,"text":"A preliminary removal order in cases in which a child is alleged to have been abused or neglected may be issued by the court after a hearing wherein the court finds that reasonable efforts have been made to prevent removal of the child from his home. The hearing shall be in the nature of a preliminary hearing rather than a final determination of custody.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255457,"text":"Prior to the removal hearing, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian or other person standing in loco parentis of the child and to the child if he or she is 12 years of age or older. If notice to the parents, guardian, legal custodian or other person standing in loco parentis cannot be given despite diligent efforts to do so, the hearing shall be held nonetheless, and the parents, guardian, legal custodian or other person standing in loco parentis shall be afforded a later hearing on their motion regarding a continuation of the summary removal order. The notice provided herein shall include (i) the time, date and place for the hearing; (ii) a specific statement of the factual circumstances which allegedly necessitate removal of the child; and (iii) notice that child support will be considered if a determination is made that the child must be removed from the home.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255458,"text":"All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255459,"text":"At the removal hearing the child and his parent, guardian, legal custodian or other person standing in loco parentis shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf. If the child was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the hearing, the child’s attorney or guardian ad litem, or if the child has been committed to the custody of the Department of Social Services, the local department of social services, may apply for an order from the court that the child’s testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The provisions of § 63.2-1521 shall apply, mutatis mutandis, to the use of two-way closed-circuit television except that the person seeking the order shall apply for the order at least 48 hours before the hearing, unless the court for good cause shown allows the application to be made at a later time.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255460,"text":"In order for a preliminary order to issue or for an existing order to be continued, the petitioning party or agency must prove:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":255461,"text":"The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":255462,"text":"Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably and adequately protect the child’s life or health pending a final hearing on the petition. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order pursuant to § 16.1-253.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court to make reasonable efforts to prevent removal of the child from his home if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":255463,"text":"If the court determines that pursuant to subsection E hereof the removal of the child is proper, the court shall:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"F1"},"8":{"id":255464,"text":"Order that the child be placed in the temporary care and custody of a suitable person, subject to the provisions of subsection F1 and under the supervision of the local department of social services, with consideration being given to placement in the temporary care and custody of a person with a legitimate interest until such time as the court enters an order of disposition pursuant to § 16.1-278.2, or, if such placement is not available, in the care and custody of a suitable agency;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"9":{"id":255465,"text":"Order that reasonable visitation be allowed between the child and his parents, guardian, legal custodian or other person standing in loco parentis, and between the child and his siblings, if such visitation would not endanger the child’s life or health; and","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"10":{"id":255466,"text":"Order that the parent or other legally obligated person pay child support pursuant to § 16.1-290.\n\t\t\t\tIn addition, the court may enter a preliminary protective order pursuant to § 16.1-253 imposing requirements and conditions as specified in that section which the court deems appropriate for protection of the welfare of the child.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F1"},"11":{"id":255467,"text":"Prior to the entry of an order pursuant to subsection F transferring temporary custody of the child to a person with a legitimate interest, the court shall consider whether such person is one who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court’s order transferring temporary custody to a person with a legitimate interest should provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253; initiation and completion of the investigation as directed by the court and court review of the child’s placement required in accordance with the provisions of § 16.1-278.2; and, as appropriate, ongoing provision of social services to the child and the temporary custodian.","type":"section","prefixes":["F1"],"prefix":"F1","entire_prefix":"F1","prefix_anchor":"F1","level":1,"prior_prefix":"F3","next_prefix":"G"},"12":{"id":255468,"text":"At the conclusion of the preliminary removal order hearing, the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child’s guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary removal hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the preliminary removal order hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The hearing shall be held and an order may be entered, although a party to the preliminary removal order hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tThe preliminary removal order and any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F1","next_prefix":"H"},"13":{"id":255469,"text":"If the preliminary removal order includes a finding of abuse or neglect and the child is removed from his home or a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. The dispositional hearing shall be scheduled at the time of the preliminary removal order hearing and shall be held within 60 days of the preliminary removal order hearing. If an adjudicatory hearing is requested pursuant to subsection G, the dispositional hearing shall nonetheless be scheduled at the initial preliminary removal order hearing. All parties present at the preliminary removal order hearing shall be given notice of the date scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":255470,"text":"The local department of social services having “legal custody” of a child as defined in § 16.1-228 (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"15":{"id":255471,"text":"Violation of any order issued pursuant to this section shall constitute contempt of court.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","metadata":false},{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},{"id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","metadata":false},{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},{"id":56938,"structure_id":13976,"section_number":"16.1-253.3","catch_line":"Repealed","url":"\/16.1-253.3\/","token":"16.1\/11\/4\/16.1-253.3","metadata":false},{"id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","metadata":false},{"id":65132,"structure_id":13976,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","url":"\/16.1-254\/","token":"16.1\/11\/4\/16.1-254","metadata":false},{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"previous_section":{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},"next_section":{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-252\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 499; in 1985, chapter 584; in 1986, chapter 308; in 1990, chapter 769; in 1994, chapter 42<\/a>; in 1995, chapter 817<\/a>; in 1997, chapter 790<\/a>; in 1999, chapter 668<\/a>; in 2000, chapter 385<\/a>; in 2008, chapter 397<\/a>; in 2013, chapter 130<\/a>; in 2017, chapter 190<\/a>; in 2019, chapter 434<\/a>.<\/p>","references":[{"id":59845,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","order_by":null,"url":"\/16.1-245.1\/"},{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":61486,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","order_by":null,"url":"\/63.2-1517\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"},{"id":66316,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","order_by":null,"url":"\/63.2-1522\/"},{"id":58382,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","order_by":null,"url":"\/63.2-1523\/"},{"id":80427,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","order_by":null,"url":"\/63.2-906\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":65314,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","order_by":null,"url":"\/16.1-290\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"}],"permalink":{"id":161577,"object_type":"law","relational_id":70845,"identifier":"16.1-252","token":"16.1\/11\/4\/16.1-252","url":"\/16.1-252\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","dublin_core":{"Title":"Preliminary removal order; hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-252","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A preliminary removal order<\/span> in cases in which a child is alleged to have been abused or neglected may be issued by the court<\/span> after a hearing wherein the court<\/span> finds that reasonable efforts have been made to prevent removal of the child from his home. The hearing shall be in the nature of a preliminary hearing<\/span> rather than a final determination of custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the removal hearing, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem<\/span> for the child, to the parents, guardian, legal custodian or other person standing in loco parentis of the child and to the child if he or she is 12 years of age or older. If notice to the parents, guardian, legal custodian or other person standing in loco parentis cannot be given despite diligent efforts to do so, the hearing shall be held nonetheless, and the parents, guardian, legal custodian or other person standing in loco parentis shall be afforded a later hearing on their motion<\/span> regarding a continuation of the summary removal order<\/span>. The notice provided herein shall include (i) the time, date and place for the hearing; (ii) a specific statement of the factual circumstances which allegedly necessitate removal of the child; and (iii) notice that child support will be considered if a determination is made that the child must be removed from the home. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All parties to the hearing shall be informed of their right to counsel<\/span> pursuant to § 16.1-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the removal hearing the child and his parent, guardian, legal custodian or other person standing in loco parentis shall have the right to confront and cross-examine all adverse witnesses and evidence<\/span> and to present evidence<\/span> on their own behalf. If the child was 14 years of age or under on the date of the alleged offense<\/span> and is 16 or under at the time of the hearing, the child’s attorney or guardian ad litem<\/span>, or if the child has been committed to the custody<\/span> of the Department<\/span> of Social Services, the local department<\/span> of social services, may apply for an order<\/span> from the court<\/span> that the child’s testimony<\/span> be taken in a room outside the courtroom and be televised by two-way closed-circuit<\/span> television. The provisions of § 63.2-1521<\/a> shall apply, mutatis mutandis<\/span>, to the use of two-way closed-circuit<\/span> television except that the person seeking the order<\/span> shall apply for the order<\/span> at least 48 hours before the hearing, unless the court<\/span> for good cause shown allows the application to be made at a later time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> for a preliminary order<\/span> to issue<\/span> or for an existing order<\/span> to be continued, the petitioning party<\/span> or agency must prove: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody<\/span> of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably and adequately protect the child’s life or health pending a final hearing on the petition<\/span>. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order<\/span> pursuant to § 16.1-253<\/a>.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court<\/span> to make reasonable efforts to prevent removal of the child from his home if the court<\/span> finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes murder<\/span> or voluntary manslaughter<\/span>, or a felony<\/span> attempt, conspiracy, or solicitation to commit any such offense<\/span>, if the victim of the offense<\/span> was a child of the parent, a child with whom the parent resided at the time such offense<\/span> occurred, or the other parent of the child; (iii) the parent has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes felony<\/span> assault<\/span> resulting in serious bodily injury<\/span> or felony<\/span> bodily wounding resulting in serious bodily injury<\/span> or felony<\/span> sexual assault<\/span>, if the victim of the offense<\/span> was a child of the parent or a child with whom the parent resided at the time of such offense<\/span>; or (iv) on the basis of clear and convincing evidence<\/span>, the parent has subjected any child to aggravated circumstances<\/span>, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283<\/a>.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances<\/span>” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury<\/span> to such a child.\n\t\t\t\t“Chronic abuse<\/span>” or “chronic sexual abuse<\/span>” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury<\/span>” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the court<\/span> determines that pursuant to subsection E hereof the removal of the child is proper, the court<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Order<\/span> that the child be placed in the temporary care and custody<\/span> of a suitable person, subject to the provisions of subsection F1 and under the supervision of the local department<\/span> of social services, with consideration being given to placement in the temporary care and custody<\/span> of a person with a legitimate interest until such time as the court<\/span> enters an order<\/span> of disposition<\/span> pursuant to § 16.1-278.2<\/a>, or, if such placement is not available, in the care and custody<\/span> of a suitable agency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Order<\/span> that reasonable visitation be allowed between the child and his parents, guardian, legal custodian or other person standing in loco parentis, and between the child and his siblings, if such visitation would not endanger the child’s life or health; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Order<\/span> that the parent or other legally obligated person pay child support pursuant to § 16.1-290<\/a>.\n\t\t\t\tIn addition, the court<\/span> may enter a preliminary protective order<\/span> pursuant to § 16.1-253<\/a> imposing requirements and conditions as specified in that section which the court<\/span> deems appropriate for protection of the welfare of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F1.<\/span> Prior to the entry of an order<\/span> pursuant to subsection F transferring temporary custody<\/span> of the child to a person with a legitimate interest, the court<\/span> shall consider whether such person is one who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court<\/span>’s order<\/span> transferring temporary custody<\/span> to a person with a legitimate interest should provide for compliance with any preliminary protective order<\/span> entered on behalf of the child in accordance with the provisions of § 16.1-253<\/a>; initiation and completion of the investigation as directed by the court<\/span> and court review of the child’s placement required in accordance with the provisions of § 16.1-278.2<\/a>; and, as appropriate, ongoing provision of social services to the child and the temporary custodian. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> At the conclusion of the preliminary removal order hearing, the court<\/span> shall determine whether the allegations<\/span> of abuse or neglect have been proven by a preponderance of the evidence<\/span>. Any finding<\/span> of abuse or neglect shall be stated in the court order<\/span>. However, if, before such a finding<\/span> is made, a person responsible for the care and custody<\/span> of the child, the child’s guardian ad litem<\/span> or the local department<\/span> of social services objects<\/span> to a finding<\/span> being made at the hearing, the court<\/span> shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary removal hearing. The adjudicatory hearing shall be held to determine whether the allegations<\/span> of abuse and neglect have been proven by a preponderance of the evidence<\/span>. Parties who are present at the preliminary removal order hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263<\/a>. The hearing shall be held and an order may be entered, although a party<\/span> to the preliminary removal order hearing fails to appear and is not represented by counsel<\/span>, provided personal or substituted service was made on the person, or the court<\/span> determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.\n\t\t\tThe preliminary removal order and any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the preliminary removal order includes a finding<\/span> of abuse or neglect and the child is removed from his home or a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2<\/a>. The dispositional hearing shall be scheduled at the time of the preliminary removal order hearing and shall be held within 60 days of the preliminary removal order hearing. If an adjudicatory hearing is requested pursuant to subsection G, the dispositional hearing shall nonetheless be scheduled at the initial preliminary removal order hearing. All parties present at the preliminary removal order hearing shall be given notice of the date scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The local department<\/span> of social services having “legal custody<\/span>” of a child as defined in § 16.1-228<\/a> (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Violation of any order issued pursuant to this section shall constitute contempt of court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY REMOVAL ORDER; HEARING (\u00a7 16.1-252)\n\nA. A preliminary removal order in cases in which a child is alleged to have been\nabused or neglected may be issued by the court after a hearing wherein the court\nfinds that reasonable efforts have been made to prevent removal of the child\nfrom his home. The hearing shall be in the nature of a preliminary hearing\nrather than a final determination of custody.\n\nB. Prior to the removal hearing, notice of the hearing shall be given at least\n24 hours in advance of the hearing to the guardian ad litem for the child, to\nthe parents, guardian, legal custodian or other person standing in loco parentis\nof the child and to the child if he or she is 12 years of age or older. If\nnotice to the parents, guardian, legal custodian or other person standing in\nloco parentis cannot be given despite diligent efforts to do so, the hearing\nshall be held nonetheless, and the parents, guardian, legal custodian or other\nperson standing in loco parentis shall be afforded a later hearing on their\nmotion regarding a continuation of the summary removal order. The notice\nprovided herein shall include (i) the time, date and place for the hearing; (ii)\na specific statement of the factual circumstances which allegedly necessitate\nremoval of the child; and (iii) notice that child support will be considered if\na determination is made that the child must be removed from the home.\n\nC. All parties to the hearing shall be informed of their right to counsel\npursuant to § 16.1-266.\n\nD. At the removal hearing the child and his parent, guardian, legal custodian or\nother person standing in loco parentis shall have the right to confront and\ncross-examine all adverse witnesses and evidence and to present evidence on\ntheir own behalf. If the child was 14 years of age or under on the date of the\nalleged offense and is 16 or under at the time of the hearing, the child’s\nattorney or guardian ad litem, or if the child has been committed to the custody\nof the Department of Social Services, the local department of social services,\nmay apply for an order from the court that the child’s testimony be taken\nin a room outside the courtroom and be televised by two-way closed-circuit\ntelevision. The provisions of § 63.2-1521 shall apply, mutatis mutandis, to\nthe use of two-way closed-circuit television except that the person seeking the\norder shall apply for the order at least 48 hours before the hearing, unless the\ncourt for good cause shown allows the application to be made at a later time.\n\nE. In order for a preliminary order to issue or for an existing order to be\ncontinued, the petitioning party or agency must prove:\n\n 1. The child would be subjected to an imminent threat to life or health to the\n extent that severe or irremediable injury would be likely to result if the\n child were returned to or left in the custody of his parents, guardian, legal\n custodian or other person standing in loco parentis pending a final hearing on\n the petition; and\n\n 2. Reasonable efforts have been made to prevent removal of the child from his\n home and there are no alternatives less drastic than removal of the child from\n his home which could reasonably and adequately protect the child’s life\n or health pending a final hearing on the petition. The alternatives less\n drastic than removal may include but not be limited to the provision of\n medical, educational, psychiatric, psychological, homemaking or other similar\n services to the child or family or the issuance of a preliminary protective\n order pursuant to § 16.1-253.\n \t\t\t\tWhen a child is removed from his home and there is no reasonable\n opportunity to provide preventive services, reasonable efforts to prevent\n removal shall be deemed to have been made.\n \t\t\t\tThe petitioner shall not be required by the court to make reasonable\n efforts to prevent removal of the child from his home if the court finds that\n (i) the residual parental rights of the parent regarding a sibling of the\n child have previously been involuntarily terminated; (ii) the parent has been\n convicted of an offense under the laws of the Commonwealth or a substantially\n similar law of any other state, the United States, or any foreign jurisdiction\n that constitutes murder or voluntary manslaughter, or a felony attempt,\n conspiracy, or solicitation to commit any such offense, if the victim of the\n offense was a child of the parent, a child with whom the parent resided at the\n time such offense occurred, or the other parent of the child; (iii) the parent\n has been convicted of an offense under the laws of the Commonwealth or a\n substantially similar law of any other state, the United States, or any\n foreign jurisdiction that constitutes felony assault resulting in serious\n bodily injury or felony bodily wounding resulting in serious bodily injury or\n felony sexual assault, if the victim of the offense was a child of the parent\n or a child with whom the parent resided at the time of such offense; or (iv)\n on the basis of clear and convincing evidence, the parent has subjected any\n child to aggravated circumstances, or abandoned a child under circumstances\n that would justify the termination of residual parental rights pursuant to\n subsection D of § 16.1-283.\n \t\t\t\tAs used in this section:\n \t\t\t\t“Aggravated circumstances” means torture, chronic or severe\n abuse, or chronic or severe sexual abuse, if the victim of such conduct was a\n child of the parent or child with whom the parent resided at the time such\n conduct occurred, including the failure to protect such a child from such\n conduct, which conduct or failure to protect (i) evinces a wanton or depraved\n indifference to human life or (ii) has resulted in the death of such a child\n or in serious bodily injury to such a child.\n \t\t\t\t“Chronic abuse” or “chronic sexual abuse” means\n recurring acts of physical abuse that place the child’s health, safety\n and well-being at risk.\n \t\t\t\t“Serious bodily injury” means bodily injury that involves\n substantial risk of death, extreme physical pain, protracted and obvious\n disfigurement, or protracted loss or impairment of the function of a bodily\n member, organ or mental faculty.\n \t\t\t\t“Severe abuse” or “severe sexual abuse” may\n include an act or omission that occurred only once but otherwise meets the\n definition of “aggravated circumstances.”\n\nF. If the court determines that pursuant to subsection E hereof the removal of\nthe child is proper, the court shall:\n\n 1. Order that the child be placed in the temporary care and custody of a\n suitable person, subject to the provisions of subsection F1 and under the\n supervision of the local department of social services, with consideration\n being given to placement in the temporary care and custody of a person with a\n legitimate interest until such time as the court enters an order of\n disposition pursuant to § 16.1-278.2, or, if such placement is not\n available, in the care and custody of a suitable agency;\n\n 2. Order that reasonable visitation be allowed between the child and his\n parents, guardian, legal custodian or other person standing in loco parentis,\n and between the child and his siblings, if such visitation would not endanger\n the child’s life or health; and\n\n 3. Order that the parent or other legally obligated person pay child support\n pursuant to § 16.1-290.\n \t\t\t\tIn addition, the court may enter a preliminary protective order pursuant\n to § 16.1-253 imposing requirements and conditions as specified in that\n section which the court deems appropriate for protection of the welfare of the\n child.\n\nF1. Prior to the entry of an order pursuant to subsection F transferring\ntemporary custody of the child to a person with a legitimate interest, the court\nshall consider whether such person is one who (i) is willing and qualified to\nreceive and care for the child; (ii) is willing to have a positive, continuous\nrelationship with the child; and (iii) is willing and has the ability to protect\nthe child from abuse and neglect. The court’s order transferring temporary\ncustody to a person with a legitimate interest should provide for compliance\nwith any preliminary protective order entered on behalf of the child in\naccordance with the provisions of § 16.1-253; initiation and completion of\nthe investigation as directed by the court and court review of the child’s\nplacement required in accordance with the provisions of § 16.1-278.2; and,\nas appropriate, ongoing provision of social services to the child and the\ntemporary custodian.\n\nG. At the conclusion of the preliminary removal order hearing, the court shall\ndetermine whether the allegations of abuse or neglect have been proven by a\npreponderance of the evidence. Any finding of abuse or neglect shall be stated\nin the court order. However, if, before such a finding is made, a person\nresponsible for the care and custody of the child, the child’s guardian ad\nlitem or the local department of social services objects to a finding being made\nat the hearing, the court shall schedule an adjudicatory hearing to be held\nwithin 30 days of the date of the initial preliminary removal hearing. The\nadjudicatory hearing shall be held to determine whether the allegations of abuse\nand neglect have been proven by a preponderance of the evidence. Parties who are\npresent at the preliminary removal order hearing shall be given notice of the\ndate set for the adjudicatory hearing and parties who are not present shall be\nsummoned as provided in § 16.1-263. The hearing shall be held and an order\nmay be entered, although a party to the preliminary removal order hearing fails\nto appear and is not represented by counsel, provided personal or substituted\nservice was made on the person, or the court determines that such person cannot\nbe found, after reasonable effort, or in the case of a person who is without the\nCommonwealth, the person cannot be found or his post office address cannot be\nascertained after reasonable effort.\n\t\t\tThe preliminary removal order and any preliminary protective order issued\nshall remain in full force and effect pending the adjudicatory hearing.\n\nH. If the preliminary removal order includes a finding of abuse or neglect and\nthe child is removed from his home or a preliminary protective order is issued,\na dispositional hearing shall be held pursuant to § 16.1-278.2. The\ndispositional hearing shall be scheduled at the time of the preliminary removal\norder hearing and shall be held within 60 days of the preliminary removal order\nhearing. If an adjudicatory hearing is requested pursuant to subsection G, the\ndispositional hearing shall nonetheless be scheduled at the initial preliminary\nremoval order hearing. All parties present at the preliminary removal order\nhearing shall be given notice of the date scheduled for the dispositional\nhearing; parties who are not present shall be summoned to appear as provided in\n§ 16.1-263.\n\nI. The local department of social services having “legal custody” of\na child as defined in § 16.1-228 (i) shall not be required to comply with\nthe requirements of this section in order to redetermine where and with whom the\nchild shall live, notwithstanding that the child had been placed with a natural\nparent.\n\nJ. Violation of any order issued pursuant to this section shall constitute\ncontempt of court.\n\nHISTORY: 1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769;\n1994, c. 42; 1995, c. 817; 1997, c. 790; 1999, c. 668; 2000, c. 385; 2008, c.\n397; 2013, c. 130; 2017, c. 190; 2019, c. 434.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}