{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-266.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-266.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-266.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-266.1.html"}],"law_id":72020,"edition_id":1,"section_id":72020,"structure_id":16033,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","history":"1994, c. 36; 1995, c. 273; 2016, cc. 182, 509; 2024, c. 428.","full_text":"A\n\nOn or before January 1, 1995, the Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for attorneys appointed as guardians ad litem pursuant to § 16.1-266. The standards shall, insofar as practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia, (ii) current training in the roles, responsibilities and duties of guardian ad litem representation, (iii) familiarity with the court system and general background in juvenile law, and (iv) demonstrated proficiency in this area of the law.B\n\nThe Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as guardians ad litem based upon the standards and shall make the names available to the courts. If no attorney who is on the list is reasonably available, a judge in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia.C\n\nOn or before January 1, 2026, the Judicial Council, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for the qualification and performance of attorneys appointed pursuant to § 16.1-266 to represent a parent or guardian of a child when such child is the subject of a child dependency case. The standards shall, to the extent practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia; (ii) current training in the roles, responsibilities, and duties of parent or guardian representation; (iii) familiarity with the court system and a general background in juvenile law; and (iv) demonstrated proficiency in this area of law. For purposes of this section, a “child dependency case” includes cases before the juvenile and domestic relations district courts, and the circuit courts on appeal, involving a child who is (a) alleged to have been abused or neglected pursuant to § 16.1-278.2; (b) alleged to be at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care pursuant to § 16.1-278.2; (c) the subject of a petition for approval of an entrustment agreement pursuant to § 16.1-277.01; (d) the subject of a petition for relief of custody pursuant to § 16.1-277.02; (e) placed in foster care and is the subject of a foster care or permanency plan filed pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2; and (f) the subject of a petition for termination of residual parental rights pursuant to § 16.1-283.D\n\nBeginning July 1, 2026, the Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to be appointed to represent indigent parents and guardians involved in a child dependency case based on the standards required by this section and shall make such names available to the courts.E\n\nCounsel appointed for a parent or guardian pursuant to subsection D of § 16.1-266 prior to July 1, 2026, shall be selected from the list of attorneys who are qualified to serve as guardians ad litem. On or after July 1, 2026, such counsel shall be selected from the list of attorneys who are qualified to be appointed to represent indigent parents and guardians established in accordance with subsection D. If no attorney who is on the list is reasonably available or appropriate considering the circumstances of the parent or case, a judge in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia.","order_by":null,"text":{"0":{"id":259485,"text":"On or before January 1, 1995, the Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for attorneys appointed as guardians ad litem pursuant to § 16.1-266. The standards shall, insofar as practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia, (ii) current training in the roles, responsibilities and duties of guardian ad litem representation, (iii) familiarity with the court system and general background in juvenile law, and (iv) demonstrated proficiency in this area of the law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259486,"text":"The Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as guardians ad litem based upon the standards and shall make the names available to the courts. If no attorney who is on the list is reasonably available, a judge in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259487,"text":"On or before January 1, 2026, the Judicial Council, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for the qualification and performance of attorneys appointed pursuant to § 16.1-266 to represent a parent or guardian of a child when such child is the subject of a child dependency case. The standards shall, to the extent practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia; (ii) current training in the roles, responsibilities, and duties of parent or guardian representation; (iii) familiarity with the court system and a general background in juvenile law; and (iv) demonstrated proficiency in this area of law. For purposes of this section, a “child dependency case” includes cases before the juvenile and domestic relations district courts, and the circuit courts on appeal, involving a child who is (a) alleged to have been abused or neglected pursuant to § 16.1-278.2; (b) alleged to be at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care pursuant to § 16.1-278.2; (c) the subject of a petition for approval of an entrustment agreement pursuant to § 16.1-277.01; (d) the subject of a petition for relief of custody pursuant to § 16.1-277.02; (e) placed in foster care and is the subject of a foster care or permanency plan filed pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2; and (f) the subject of a petition for termination of residual parental rights pursuant to § 16.1-283.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259488,"text":"Beginning July 1, 2026, the Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to be appointed to represent indigent parents and guardians involved in a child dependency case based on the standards required by this section and shall make such names available to the courts.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259489,"text":"Counsel appointed for a parent or guardian pursuant to subsection D of § 16.1-266 prior to July 1, 2026, shall be selected from the list of attorneys who are qualified to serve as guardians ad litem. On or after July 1, 2026, such counsel shall be selected from the list of attorneys who are qualified to be appointed to represent indigent parents and guardians established in accordance with subsection D. If no attorney who is on the list is reasonably available or appropriate considering the circumstances of the parent or case, a judge in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16033,"edition_id":1,"name":"Appointment of Counsel","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:04:19","date_modified":"2026-06-26 04:04:19","permalink":{"id":161651,"object_type":"structure","relational_id":16033,"identifier":"6","token":"16.1\/11\/6","url":"\/16.1\/11\/6\/","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":78366,"structure_id":16033,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","url":"\/16.1-266\/","token":"16.1\/11\/6\/16.1-266","metadata":false},{"id":72020,"structure_id":16033,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","url":"\/16.1-266.1\/","token":"16.1\/11\/6\/16.1-266.1","metadata":false},{"id":62830,"structure_id":16033,"section_number":"16.1-266.2","catch_line":"Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases","url":"\/16.1-266.2\/","token":"16.1\/11\/6\/16.1-266.2","metadata":false},{"id":72205,"structure_id":16033,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","url":"\/16.1-267\/","token":"16.1\/11\/6\/16.1-267","metadata":false},{"id":65198,"structure_id":16033,"section_number":"16.1-268","catch_line":"Order of appointment","url":"\/16.1-268\/","token":"16.1\/11\/6\/16.1-268","metadata":false}],"previous_section":{"id":78366,"structure_id":16033,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","url":"\/16.1-266\/","token":"16.1\/11\/6\/16.1-266","metadata":false},"next_section":{"id":62830,"structure_id":16033,"section_number":"16.1-266.2","catch_line":"Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases","url":"\/16.1-266.2\/","token":"16.1\/11\/6\/16.1-266.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-266.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 36<\/a> 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. It has been modified 3 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 1995, chapter 273<\/a>; in 2016, chapters 182<\/a> and 509<\/a>; in 2024, chapter 428<\/a>.<\/p>","references":[{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"id":56180,"section_number":"16.1-350","catch_line":"Petition for court approval of standby guardian","order_by":null,"url":"\/16.1-350\/"}],"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"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":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"}],"permalink":{"id":161657,"object_type":"law","relational_id":72020,"identifier":"16.1-266.1","token":"16.1\/11\/6\/16.1-266.1","url":"\/16.1-266.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-266.1\/","token":"16.1\/11\/6\/16.1-266.1","dublin_core":{"Title":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-266.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On or before January 1, 1995, the Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for attorneys appointed as guardians ad litem pursuant to § 16.1-266<\/a>. The standards shall, insofar as practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia, (ii) current training in the roles, responsibilities and duties of guardian ad litem<\/span> representation, (iii) familiarity with the court<\/span> system and general background in juvenile law, and (iv) demonstrated proficiency in this area of the law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as guardians ad litem based upon the standards and shall make the names available to the courts<\/span>. If no attorney who is on the list is reasonably available, a judge<\/span> in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> On or before January 1, 2026, the Judicial Council, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt standards for the qualification and performance of attorneys appointed pursuant to § 16.1-266<\/a> to represent a parent or guardian of a child when such child is the subject of a child dependency case<\/span>. The standards shall, to the extent practicable, take into consideration the following criteria: (i) license or permission to practice law in Virginia; (ii) current training in the roles, responsibilities, and duties of parent or guardian representation; (iii) familiarity with the court<\/span> system and a general background in juvenile law; and (iv) demonstrated proficiency in this area of law. For purposes of this section, a “child dependency case<\/span>” includes cases before the juvenile and domestic relations district courts, and the circuit<\/span> courts on appeal<\/span>, involving a child who is (a) alleged to have been abused or neglected pursuant to § 16.1-278.2<\/a>; (b) alleged to be at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care pursuant to § 16.1-278.2<\/a>; (c) the subject of a petition<\/span> for approval of an entrustment agreement pursuant to § 16.1-277.01<\/a>; (d) the subject of a petition<\/span> for relief of custody<\/span> pursuant to § 16.1-277.02<\/a>; (e) placed in foster care and is the subject of a foster care or permanency plan filed pursuant to § 16.1-281<\/a>, 16.1-282<\/a>, 16.1-282.1<\/a>, or 16.1-282.2<\/a>; and (f) the subject of a petition<\/span> for termination of residual parental rights pursuant to § 16.1-283<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Beginning July 1, 2026, the Judicial Council shall maintain a list of attorneys admitted to practice law in Virginia who are qualified to be appointed to represent indigent<\/span> parents and guardians involved in a child dependency case<\/span> based on the standards required by this section and shall make such names available to the courts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Counsel<\/span> appointed for a parent or guardian pursuant to subsection D of § 16.1-266<\/a> prior to July 1, 2026, shall be selected from the list of attorneys who are qualified to serve as guardians ad litem. On or after July 1, 2026, such counsel<\/span> shall be selected from the list of attorneys who are qualified to be appointed to represent indigent<\/span> parents and guardians established in accordance with subsection D. If no attorney who is on the list is reasonably available or appropriate considering the circumstances of the parent or case, a judge<\/span> in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTANDARDS FOR ATTORNEYS APPOINTED AS GUARDIANS AD LITEM; LIST OF QUALIFIED\nATTORNEYS; ATTORNEYS APPOINTED FOR PARENTS OR GUARDIANS (\u00a7 16.1-266.1)\n\nA. On or before January 1, 1995, the Judicial Council of Virginia, in\nconjunction with the Virginia State Bar and the Virginia Bar Association, shall\nadopt standards for attorneys appointed as guardians ad litem pursuant to §\n16.1-266. The standards shall, insofar as practicable, take into consideration\nthe following criteria: (i) license or permission to practice law in Virginia,\n(ii) current training in the roles, responsibilities and duties of guardian ad\nlitem representation, (iii) familiarity with the court system and general\nbackground in juvenile law, and (iv) demonstrated proficiency in this area of\nthe law.\n\nB. The Judicial Council shall maintain a list of attorneys admitted to practice\nlaw in Virginia who are qualified to serve as guardians ad litem based upon the\nstandards and shall make the names available to the courts. If no attorney who\nis on the list is reasonably available, a judge in his discretion may appoint\nany discreet and competent attorney who is admitted to practice law in Virginia.\n\nC. On or before January 1, 2026, the Judicial Council, in conjunction with the\nVirginia State Bar and the Virginia Bar Association, shall adopt standards for\nthe qualification and performance of attorneys appointed pursuant to §\n16.1-266 to represent a parent or guardian of a child when such child is the\nsubject of a child dependency case. The standards shall, to the extent\npracticable, take into consideration the following criteria: (i) license or\npermission to practice law in Virginia; (ii) current training in the roles,\nresponsibilities, and duties of parent or guardian representation; (iii)\nfamiliarity with the court system and a general background in juvenile law; and\n(iv) demonstrated proficiency in this area of law. For purposes of this section,\na “child dependency case” includes cases before the juvenile and\ndomestic relations district courts, and the circuit courts on appeal, involving\na child who is (a) alleged to have been abused or neglected pursuant to §\n16.1-278.2; (b) alleged to be at risk of being abused or neglected by a parent\nor custodian who has been adjudicated as having abused or neglected another\nchild in his care pursuant to § 16.1-278.2; (c) the subject of a petition\nfor approval of an entrustment agreement pursuant to § 16.1-277.01; (d) the\nsubject of a petition for relief of custody pursuant to § 16.1-277.02; (e)\nplaced in foster care and is the subject of a foster care or permanency plan\nfiled pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2; and (f)\nthe subject of a petition for termination of residual parental rights pursuant\nto § 16.1-283.\n\nD. Beginning July 1, 2026, the Judicial Council shall maintain a list of\nattorneys admitted to practice law in Virginia who are qualified to be appointed\nto represent indigent parents and guardians involved in a child dependency case\nbased on the standards required by this section and shall make such names\navailable to the courts.\n\nE. Counsel appointed for a parent or guardian pursuant to subsection D of §\n16.1-266 prior to July 1, 2026, shall be selected from the list of attorneys who\nare qualified to serve as guardians ad litem. On or after July 1, 2026, such\ncounsel shall be selected from the list of attorneys who are qualified to be\nappointed to represent indigent parents and guardians established in accordance\nwith subsection D. If no attorney who is on the list is reasonably available or\nappropriate considering the circumstances of the parent or case, a judge in his\ndiscretion may appoint any discreet and competent attorney who is admitted to\npractice law in Virginia.\n\nHISTORY: 1994, c. 36; 1995, c. 273; 2016, cc. 182, 509; 2024, c. 428.","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}}