{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-266.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-266.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-266.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-266.html"}],"law_id":78366,"edition_id":1,"section_id":78366,"structure_id":16033,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","history":"Code 1950, \u00a7\u00a7 16.1-173, 63.1-248.12; 1956, c. 555; 1966, c. 709; 1968, c. 581; 1970, c. 87; 1973, c. 440; 1974, c. 513; 1975, cc. 341, 465, 559; 1977, c. 559; 1980, c. 572; 1982, c. 451; 1984, c. 709; 1985, c. 260; 1987, c. 632; 1994, c. 36; 1997, c. 790; 2002, c. 687; 2003, c. 98; 2004, cc. 66, 437, 884, 921, 1014; 2005, c. 427.","full_text":"A\n\nPrior to the hearing by the court of any case involving a child who is alleged to be abused or neglected or who is the subject of an entrustment agreement or a petition seeking termination of residual parental rights or who is otherwise before the court pursuant to subdivision A 4 of § 16.1-241 or § 63.2-1230, the court shall appoint a discreet and competent attorney-at-law as guardian ad litem to represent the child pursuant to § 16.1-266.1.B\n\nPrior to the detention hearing held pursuant to § 16.1-250, the court shall appoint a qualified and competent attorney-at-law to represent the child unless an attorney has been retained and appears on behalf of the child. For the purposes of appointment of counsel for the detention hearing held pursuant to § 16.1-250 only, a child’s indigence shall be presumed. Nothing in this subsection shall prohibit a judge from releasing a child from detention prior to appointment of counsel.C\n\nSubsequent to the detention hearing, if any, and prior to the adjudicatory or transfer hearing by the court of any case involving a child who is alleged to be in need of services, in need of supervision or delinquent, such child and his parent, guardian, legal custodian or other person standing in loco parentis shall be informed by a judge, clerk or probation officer of the child’s right to counsel and of the liability of the parent, guardian, legal custodian or other person standing in loco parentis for the costs of such legal services pursuant to \u00a7 16.1-267 and be given an opportunity to:1\n\nObtain and employ counsel of the child’s own choice; or2\n\nRequest that the court appoint counsel, provided that before counsel is appointed or the court continues any appointment previously made pursuant to subsection B, the court shall determine that the child is indigent within the contemplation of the law pursuant to guidelines set forth in § 19.2-159 by requiring the child’s parent, guardian, legal custodian or other person standing in loco parentis to complete a statement of indigence substantially in the form provided by § 19.2-159 and a financial statement, and upon determination of indigence the court shall appoint an attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to represent the child; or3\n\nWaive the right to representation by an attorney, if the court finds the child and the parent, guardian, legal custodian or other person standing in loco parentis of the child consent, in writing, and such waiver is consistent with the interests of the child. Such written waiver shall be in accordance with law and shall be filed with the court records of the case. A child who is alleged to have committed an offense that would be a felony if committed by an adult, may waive such right only after he consults with an attorney and the court determines that his waiver is free and voluntary. The waiver shall be in writing, signed by both the child and the child’s attorney and shall be filed with the court records of the case.D\n\nA judge, clerk or probation officer shall inform the parent or guardian of his right to counsel prior to the adjudicatory hearing of a petition in which a child is alleged to be abused or neglected or at risk of abuse or neglect as provided in subdivision A 2a of \u00a7 16.1-241 and prior to a hearing at which a parent could be subjected to the loss of residual parental rights. In addition, prior to the hearing by the court of any case involving any other adult charged with abuse or neglect of a child, this adult shall be informed of his right to counsel. This adult and the parent or guardian shall be given an opportunity to:1\n\nObtain and employ counsel of the parent’s, guardian’s or other adult’s own choice; or2\n\nIf the court determines that the parent, guardian or other adult is indigent within the contemplation of the law pursuant to the guidelines set forth in § 19.2-159, a statement substantially in the form provided by § 19.2-159 and a financial statement shall be executed by such parent, guardian or other adult and the court shall appoint an attorney-at-law to represent him; or3\n\nWaive the right to representation by an attorney in accordance with the provisions of § 19.2-160.\n\t\t\t\tIf the identity or location of a parent or guardian is not reasonably ascertainable or a parent or guardian fails to appear, the court shall consider appointing an attorney-at-law to represent the interests of the absent parent or guardian, and the hearing may be held.\n\t\t\t\tPrior to a hearing at which a child is the subject of an initial foster care plan filed pursuant to § 16.1-281, a foster care review hearing pursuant to § 16.1-282 and a permanency planning hearing pursuant to § 16.1-282.1, the court shall consider appointing counsel to represent the child’s parent or guardian.E\n\nIn those cases described in subsections A, B, C and D, which in the discretion of the court require counsel or a guardian ad litem to represent the child or children or the parent or guardian or other adult party in addition to the representation provided in those subsections, a discreet and competent attorney-at-law may be appointed by the court as counsel or a guardian ad litem.F\n\nIn all other cases which in the discretion of the court require counsel or a guardian ad litem, or both, to represent the child or children or the parent or guardian, discreet and competent attorneys-at-law may be appointed by the court. However, in cases where the custody of a child or children is the subject of controversy or requires determination and each of the parents or other persons claiming a right to custody is represented by counsel, the court shall not appoint counsel or a guardian ad litem to represent the interests of the child or children unless the court finds, at any stage in the proceedings in a specific case, that the interests of the child or children are not otherwise adequately represented.G\n\nAny state or local agency, department, authority or institution and any school, hospital, physician or other health or mental health care provider shall permit a guardian ad litem or counsel for the child appointed pursuant to this section to inspect and copy, without the consent of the child or his parents, any records relating to the child whom the guardian or counsel represents upon presentation by him of a copy of the court order appointing him or a court order specifically allowing him such access. Upon request therefor by the guardian ad litem or counsel for the child made at least 72 hours in advance, a mental health care provider shall make himself available to conduct a review and interpretation of the child’s treatment records which are specifically related to the investigation. Such a request may be made in lieu of or in addition to inspection and copying of the records.","order_by":null,"text":{"0":{"id":280858,"text":"Prior to the hearing by the court of any case involving a child who is alleged to be abused or neglected or who is the subject of an entrustment agreement or a petition seeking termination of residual parental rights or who is otherwise before the court pursuant to subdivision A 4 of § 16.1-241 or § 63.2-1230, the court shall appoint a discreet and competent attorney-at-law as guardian ad litem to represent the child pursuant to § 16.1-266.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280859,"text":"Prior to the detention hearing held pursuant to § 16.1-250, the court shall appoint a qualified and competent attorney-at-law to represent the child unless an attorney has been retained and appears on behalf of the child. For the purposes of appointment of counsel for the detention hearing held pursuant to § 16.1-250 only, a child’s indigence shall be presumed. Nothing in this subsection shall prohibit a judge from releasing a child from detention prior to appointment of counsel.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280860,"text":"Subsequent to the detention hearing, if any, and prior to the adjudicatory or transfer hearing by the court of any case involving a child who is alleged to be in need of services, in need of supervision or delinquent, such child and his parent, guardian, legal custodian or other person standing in loco parentis shall be informed by a judge, clerk or probation officer of the child’s right to counsel and of the liability of the parent, guardian, legal custodian or other person standing in loco parentis for the costs of such legal services pursuant to \u00a7 16.1-267 and be given an opportunity to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":280861,"text":"Obtain and employ counsel of the child’s own choice; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":280862,"text":"Request that the court appoint counsel, provided that before counsel is appointed or the court continues any appointment previously made pursuant to subsection B, the court shall determine that the child is indigent within the contemplation of the law pursuant to guidelines set forth in § 19.2-159 by requiring the child’s parent, guardian, legal custodian or other person standing in loco parentis to complete a statement of indigence substantially in the form provided by § 19.2-159 and a financial statement, and upon determination of indigence the court shall appoint an attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to represent the child; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":280863,"text":"Waive the right to representation by an attorney, if the court finds the child and the parent, guardian, legal custodian or other person standing in loco parentis of the child consent, in writing, and such waiver is consistent with the interests of the child. Such written waiver shall be in accordance with law and shall be filed with the court records of the case. A child who is alleged to have committed an offense that would be a felony if committed by an adult, may waive such right only after he consults with an attorney and the court determines that his waiver is free and voluntary. The waiver shall be in writing, signed by both the child and the child’s attorney and shall be filed with the court records of the case.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":280864,"text":"A judge, clerk or probation officer shall inform the parent or guardian of his right to counsel prior to the adjudicatory hearing of a petition in which a child is alleged to be abused or neglected or at risk of abuse or neglect as provided in subdivision A 2a of \u00a7 16.1-241 and prior to a hearing at which a parent could be subjected to the loss of residual parental rights. In addition, prior to the hearing by the court of any case involving any other adult charged with abuse or neglect of a child, this adult shall be informed of his right to counsel. This adult and the parent or guardian shall be given an opportunity to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"7":{"id":280865,"text":"Obtain and employ counsel of the parent’s, guardian’s or other adult’s own choice; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":280866,"text":"If the court determines that the parent, guardian or other adult is indigent within the contemplation of the law pursuant to the guidelines set forth in § 19.2-159, a statement substantially in the form provided by § 19.2-159 and a financial statement shall be executed by such parent, guardian or other adult and the court shall appoint an attorney-at-law to represent him; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":280867,"text":"Waive the right to representation by an attorney in accordance with the provisions of § 19.2-160.\n\t\t\t\tIf the identity or location of a parent or guardian is not reasonably ascertainable or a parent or guardian fails to appear, the court shall consider appointing an attorney-at-law to represent the interests of the absent parent or guardian, and the hearing may be held.\n\t\t\t\tPrior to a hearing at which a child is the subject of an initial foster care plan filed pursuant to § 16.1-281, a foster care review hearing pursuant to § 16.1-282 and a permanency planning hearing pursuant to § 16.1-282.1, the court shall consider appointing counsel to represent the child’s parent or guardian.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"10":{"id":280868,"text":"In those cases described in subsections A, B, C and D, which in the discretion of the court require counsel or a guardian ad litem to represent the child or children or the parent or guardian or other adult party in addition to the representation provided in those subsections, a discreet and competent attorney-at-law may be appointed by the court as counsel or a guardian ad litem.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"11":{"id":280869,"text":"In all other cases which in the discretion of the court require counsel or a guardian ad litem, or both, to represent the child or children or the parent or guardian, discreet and competent attorneys-at-law may be appointed by the court. However, in cases where the custody of a child or children is the subject of controversy or requires determination and each of the parents or other persons claiming a right to custody is represented by counsel, the court shall not appoint counsel or a guardian ad litem to represent the interests of the child or children unless the court finds, at any stage in the proceedings in a specific case, that the interests of the child or children are not otherwise adequately represented.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":280870,"text":"Any state or local agency, department, authority or institution and any school, hospital, physician or other health or mental health care provider shall permit a guardian ad litem or counsel for the child appointed pursuant to this section to inspect and copy, without the consent of the child or his parents, any records relating to the child whom the guardian or counsel represents upon presentation by him of a copy of the court order appointing him or a court order specifically allowing him such access. Upon request therefor by the guardian ad litem or counsel for the child made at least 72 hours in advance, a mental health care provider shall make himself available to conduct a review and interpretation of the child’s treatment records which are specifically related to the investigation. Such a request may be made in lieu of or in addition to inspection and copying of the records.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"next_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","url":"\/16.1-266.1\/","token":"16.1\/11\/6\/16.1-266.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-266\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 1956, chapter 555; in 1966, chapter 709; in 1968, chapter 581; in 1970, chapter 87; in 1973, chapter 440; in 1974, chapter 513; in 1975, chapters 341, 465, and 559; in 1977, chapter 559; in 1980, chapter 572; in 1982, chapter 451; in 1984, chapter 709; in 1985, chapter 260; in 1987, chapter 632; in 1994, chapter 36<\/a>; in 1997, chapter 790<\/a>; in 2002, chapter 687<\/a>; in 2003, chapter 98<\/a>; in 2004, chapters 66<\/a>, 437<\/a>, 884<\/a>, 921<\/a>, and 1014<\/a>; in 2005, chapter 427<\/a>.<\/p>","references":[{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":72020,"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","order_by":null,"url":"\/16.1-266.1\/"},{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"id":65198,"section_number":"16.1-268","catch_line":"Order of appointment","order_by":null,"url":"\/16.1-268\/"},{"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":55428,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","order_by":null,"url":"\/16.1-283.3\/"},{"id":70403,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","order_by":null,"url":"\/16.1-285.2\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":68516,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","order_by":null,"url":"\/19.2-157\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":57544,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","order_by":null,"url":"\/19.2-163.03\/"},{"id":60564,"section_number":"20-49.2","catch_line":"Commencement of action; parties; jurisdiction","order_by":null,"url":"\/20-49.2\/"},{"id":67477,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","order_by":null,"url":"\/4.1-1105.1\/"},{"id":73230,"section_number":"63.2-905.6","catch_line":"Notice of eligibility for certain federal benefits","order_by":null,"url":"\/63.2-905.6\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":76378,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","order_by":null,"url":"\/16.1-250\/"},{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"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":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":66760,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","order_by":null,"url":"\/19.2-160\/"},{"id":63945,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","order_by":null,"url":"\/19.2-163.01\/"},{"id":63566,"section_number":"63.2-1230","catch_line":"Placement of children by parent or guardian","order_by":null,"url":"\/63.2-1230\/"}],"permalink":{"id":161653,"object_type":"law","relational_id":78366,"identifier":"16.1-266","token":"16.1\/11\/6\/16.1-266","url":"\/16.1-266\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-266\/","token":"16.1\/11\/6\/16.1-266","dublin_core":{"Title":"Appointment of counsel and guardian ad litem","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-266","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to the hearing<\/span> by the court<\/span> of any case involving a child who is alleged to be abused or neglected or who is the subject of an entrustment agreement or a petition<\/span> seeking termination of residual parental rights or who is otherwise before the court<\/span> pursuant to subdivision A 4 of § 16.1-241<\/a> or § 63.2-1230<\/a>, the court<\/span> shall appoint a discreet and competent attorney-at-law<\/span> as guardian ad litem<\/span> to represent the child pursuant to § 16.1-266.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the detention hearing<\/span> held pursuant to § 16.1-250<\/a>, the court<\/span> shall appoint a qualified and competent attorney-at-law<\/span> to represent the child unless an attorney has been retained and appears on behalf of the child. For the purposes of appointment of counsel<\/span> for the detention hearing<\/span> held pursuant to § 16.1-250<\/a> only, a child’s indigence shall be presumed. Nothing in this subsection shall prohibit a judge<\/span> from releasing a child from detention prior to appointment of counsel<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subsequent to the detention hearing<\/span>, if any, and prior to the adjudicatory or transfer hearing<\/span> by the court<\/span> of any case involving a child who is alleged to be in need of services, in need of supervision or delinquent, such child and his parent, guardian, legal custodian or other person standing in loco parentis shall be informed by a judge<\/span>, clerk or probation officer<\/span> of the child’s right to counsel<\/span> and of the liability of the parent, guardian, legal custodian or other person standing in loco parentis for the costs of such legal services pursuant to \u00a7 16.1-267<\/a> and be given an opportunity to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Obtain and employ counsel<\/span> of the child’s own choice; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Request that the court<\/span> appoint counsel<\/span>, provided that before counsel<\/span> is appointed or the court<\/span> continues any appointment previously made pursuant to subsection B, the court<\/span> shall determine that the child is indigent<\/span> within the contemplation of the law<\/span> pursuant to guidelines set forth in § 19.2-159<\/a> by requiring the child’s parent, guardian, legal custodian or other person standing in loco parentis to complete a statement of indigence substantially in the form provided by § 19.2-159<\/a> and a financial statement, and upon determination of indigence the court<\/span> shall appoint an attorney from the list maintained by the Indigent<\/span> Defense Commission pursuant to § 19.2-163.01<\/a> to represent the child; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Waive<\/span> the right to representation by an attorney, if the court<\/span> finds the child and the parent, guardian, legal custodian or other person standing in loco parentis of the child consent, in writing, and such waiver<\/span> is consistent with the interests of the child. Such written waiver<\/span> shall be in accordance with law and shall be filed with the court<\/span> records of the case. A child who is alleged to have committed an offense<\/span> that would be a felony<\/span> if committed by an adult<\/span>, may waive<\/span> such right only after he consults with an attorney and the court<\/span> determines that his waiver<\/span> is free and voluntary. The waiver<\/span> shall be in writing, signed by both the child and the child’s attorney and shall be filed with the court<\/span> records of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A judge<\/span>, clerk or probation officer<\/span> shall inform the parent or guardian of his right to counsel<\/span> prior to the adjudicatory hearing<\/span> of a petition<\/span> in which a child is alleged to be abused or neglected or at risk of abuse or neglect as provided in subdivision A 2a of \u00a7 16.1-241<\/a> and prior to a hearing<\/span> at which a parent could be subjected to the loss of residual parental rights. In addition, prior to the hearing<\/span> by the court<\/span> of any case involving any other adult<\/span> charged with abuse or neglect of a child, this adult<\/span> shall be informed of his right to counsel<\/span>. This adult<\/span> and the parent or guardian shall be given an opportunity to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Obtain and employ counsel<\/span> of the parent’s, guardian’s or other adult<\/span>’s own choice; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the court<\/span> determines that the parent, guardian or other adult<\/span> is indigent<\/span> within the contemplation of the law<\/span> pursuant to the guidelines set forth in § 19.2-159<\/a>, a statement substantially in the form provided by § 19.2-159<\/a> and a financial statement shall be executed by such parent, guardian or other adult<\/span> and the court<\/span> shall appoint an attorney-at-law to represent him; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Waive<\/span> the right to representation by an attorney in accordance with the provisions of § 19.2-160<\/a>.\n\t\t\t\tIf the identity or location of a parent or guardian is not reasonably ascertainable or a parent or guardian fails to appear, the court<\/span> shall consider appointing an attorney-at-law to represent the interests of the absent parent or guardian, and the hearing<\/span> may be held.\n\t\t\t\tPrior to a hearing<\/span> at which a child is the subject of an initial foster care plan filed pursuant to § 16.1-281<\/a>, a foster care review hearing<\/span> pursuant to § 16.1-282<\/a> and a permanency planning hearing<\/span> pursuant to § 16.1-282.1<\/a>, the court<\/span> shall consider appointing counsel<\/span> to represent the child’s parent or guardian. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In those cases described in subsections A, B, C and D, which in the discretion of the court<\/span> require counsel<\/span> or a guardian ad litem<\/span> to represent the child or children or the parent or guardian or other adult<\/span> party<\/span> in addition to the representation provided in those subsections, a discreet and competent attorney-at-law may be appointed by the court<\/span> as counsel<\/span> or a guardian ad litem<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In all other cases which in the discretion of the court<\/span> require counsel<\/span> or a guardian ad litem<\/span>, or both, to represent the child or children or the parent or guardian, discreet and competent attorneys-at-law may be appointed by the court<\/span>. However, in cases where the custody<\/span> of a child or children is the subject of controversy or requires determination and each of the parents or other persons claiming a right to custody<\/span> is represented by counsel<\/span>, the court<\/span> shall not appoint counsel<\/span> or a guardian ad litem<\/span> to represent the interests of the child or children unless the court<\/span> finds, at any stage in the proceedings in a specific case, that the interests of the child or children are not otherwise adequately represented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any state or local agency, department<\/span>, authority or institution and any school, hospital, physician or other health or mental health care provider shall permit a guardian ad litem<\/span> or counsel<\/span> for the child appointed pursuant to this section to inspect and copy, without the consent of the child or his parents, any records relating to the child whom the guardian or counsel<\/span> represents upon presentation by him of a copy of the court order<\/span> appointing him or a court order<\/span> specifically allowing him such access. Upon request therefor by the guardian ad litem<\/span> or counsel<\/span> for the child made at least 72 hours in advance, a mental health care provider shall make himself available to conduct a review and interpretation of the child’s treatment records which are specifically related to the investigation. Such a request may be made in lieu of or in addition to inspection and copying of the records. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF COUNSEL AND GUARDIAN AD LITEM (\u00a7 16.1-266)\n\nA. Prior to the hearing by the court of any case involving a child who is\nalleged to be abused or neglected or who is the subject of an entrustment\nagreement or a petition seeking termination of residual parental rights or who\nis otherwise before the court pursuant to subdivision A 4 of § 16.1-241 or\n§ 63.2-1230, the court shall appoint a discreet and competent\nattorney-at-law as guardian ad litem to represent the child pursuant to §\n16.1-266.1.\n\nB. Prior to the detention hearing held pursuant to § 16.1-250, the court\nshall appoint a qualified and competent attorney-at-law to represent the child\nunless an attorney has been retained and appears on behalf of the child. For the\npurposes of appointment of counsel for the detention hearing held pursuant to\n§ 16.1-250 only, a child’s indigence shall be presumed. Nothing in\nthis subsection shall prohibit a judge from releasing a child from detention\nprior to appointment of counsel.\n\nC. Subsequent to the detention hearing, if any, and prior to the adjudicatory or\ntransfer hearing by the court of any case involving a child who is alleged to be\nin need of services, in need of supervision or delinquent, such child and his\nparent, guardian, legal custodian or other person standing in loco parentis\nshall be informed by a judge, clerk or probation officer of the child’s\nright to counsel and of the liability of the parent, guardian, legal custodian\nor other person standing in loco parentis for the costs of such legal services\npursuant to \u00a7 16.1-267 and be given an opportunity to:\n\n 1. Obtain and employ counsel of the child’s own choice; or\n\n 2. Request that the court appoint counsel, provided that before counsel is\n appointed or the court continues any appointment previously made pursuant to\n subsection B, the court shall determine that the child is indigent within the\n contemplation of the law pursuant to guidelines set forth in § 19.2-159\n by requiring the child’s parent, guardian, legal custodian or other\n person standing in loco parentis to complete a statement of indigence\n substantially in the form provided by § 19.2-159 and a financial\n statement, and upon determination of indigence the court shall appoint an\n attorney from the list maintained by the Indigent Defense Commission pursuant\n to § 19.2-163.01 to represent the child; or\n\n 3. Waive the right to representation by an attorney, if the court finds the\n child and the parent, guardian, legal custodian or other person standing in\n loco parentis of the child consent, in writing, and such waiver is consistent\n with the interests of the child. Such written waiver shall be in accordance\n with law and shall be filed with the court records of the case. A child who is\n alleged to have committed an offense that would be a felony if committed by an\n adult, may waive such right only after he consults with an attorney and the\n court determines that his waiver is free and voluntary. The waiver shall be in\n writing, signed by both the child and the child’s attorney and shall be\n filed with the court records of the case.\n\nD. A judge, clerk or probation officer shall inform the parent or guardian of\nhis right to counsel prior to the adjudicatory hearing of a petition in which a\nchild is alleged to be abused or neglected or at risk of abuse or neglect as\nprovided in subdivision A 2a of \u00a7 16.1-241 and prior to a hearing at which a\nparent could be subjected to the loss of residual parental rights. In addition,\nprior to the hearing by the court of any case involving any other adult charged\nwith abuse or neglect of a child, this adult shall be informed of his right to\ncounsel. This adult and the parent or guardian shall be given an opportunity to:\n\n 1. Obtain and employ counsel of the parent’s, guardian’s or other\n adult’s own choice; or\n\n 2. If the court determines that the parent, guardian or other adult is\n indigent within the contemplation of the law pursuant to the guidelines set\n forth in § 19.2-159, a statement substantially in the form provided by\n § 19.2-159 and a financial statement shall be executed by such parent,\n guardian or other adult and the court shall appoint an attorney-at-law to\n represent him; or\n\n 3. Waive the right to representation by an attorney in accordance with the\n provisions of § 19.2-160.\n \t\t\t\tIf the identity or location of a parent or guardian is not reasonably\n ascertainable or a parent or guardian fails to appear, the court shall\n consider appointing an attorney-at-law to represent the interests of the\n absent parent or guardian, and the hearing may be held.\n \t\t\t\tPrior to a hearing at which a child is the subject of an initial foster\n care plan filed pursuant to § 16.1-281, a foster care review hearing\n pursuant to § 16.1-282 and a permanency planning hearing pursuant to\n § 16.1-282.1, the court shall consider appointing counsel to represent\n the child’s parent or guardian.\n\nE. In those cases described in subsections A, B, C and D, which in the\ndiscretion of the court require counsel or a guardian ad litem to represent the\nchild or children or the parent or guardian or other adult party in addition to\nthe representation provided in those subsections, a discreet and competent\nattorney-at-law may be appointed by the court as counsel or a guardian ad litem.\n\nF. In all other cases which in the discretion of the court require counsel or a\nguardian ad litem, or both, to represent the child or children or the parent or\nguardian, discreet and competent attorneys-at-law may be appointed by the court.\nHowever, in cases where the custody of a child or children is the subject of\ncontroversy or requires determination and each of the parents or other persons\nclaiming a right to custody is represented by counsel, the court shall not\nappoint counsel or a guardian ad litem to represent the interests of the child\nor children unless the court finds, at any stage in the proceedings in a\nspecific case, that the interests of the child or children are not otherwise\nadequately represented.\n\nG. Any state or local agency, department, authority or institution and any\nschool, hospital, physician or other health or mental health care provider shall\npermit a guardian ad litem or counsel for the child appointed pursuant to this\nsection to inspect and copy, without the consent of the child or his parents,\nany records relating to the child whom the guardian or counsel represents upon\npresentation by him of a copy of the court order appointing him or a court order\nspecifically allowing him such access. Upon request therefor by the guardian ad\nlitem or counsel for the child made at least 72 hours in advance, a mental\nhealth care provider shall make himself available to conduct a review and\ninterpretation of the child’s treatment records which are specifically\nrelated to the investigation. Such a request may be made in lieu of or in\naddition to inspection and copying of the records.\n\nHISTORY: Code 1950, \u00a7\u00a7 16.1-173, 63.1-248.12; 1956, c. 555; 1966, c. 709;\n1968, c. 581; 1970, c. 87; 1973, c. 440; 1974, c. 513; 1975, cc. 341, 465, 559;\n1977, c. 559; 1980, c. 572; 1982, c. 451; 1984, c. 709; 1985, c. 260; 1987, c.\n632; 1994, c. 36; 1997, c. 790; 2002, c. 687; 2003, c. 98; 2004, cc. 66, 437,\n884, 921, 1014; 2005, c. 427.","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}}