{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-277.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-277.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-277.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-277.01.html"}],"law_id":73490,"edition_id":1,"section_id":73490,"structure_id":13301,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","history":"1999, c. 889; 2000, c. 385; 2006, c. 825; 2009, cc. 98, 260; 2010, c. 331; 2017, c. 200; 2019, c. 434.","full_text":"A\n\nIn any case in which a child has been entrusted pursuant to \u00a7 63.2-903 or 63.2-1817 to the local board of social services or to a child welfare agency, a petition for approval of the entrustment agreement by the board or agency:1\n\nShall be filed within a reasonable period of time, no later than 89 days after the execution of an entrustment agreement for less than 90 days, if the child is not returned to the caretaker from whom he was entrusted within that period;2\n\nShall be filed within a reasonable period of time, not to exceed 30 days after the execution of an entrustment agreement for 90 days or longer or for an unspecified period of time, if such entrustment agreement does not provide for the termination of all parental rights and responsibilities with respect to the child; and3\n\nMay be filed in the case of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child.\n\t\t\t\tThe board or agency shall file a foster care plan pursuant to § 16.1-281 to be heard with any petition for approval of an entrustment agreement.B\n\nUpon the filing of a petition for approval of an entrustment agreement pursuant to subsection A of \u00a7 16.1-241, the court shall appoint a guardian ad litem to represent the child in accordance with the provisions of \u00a7 16.1-266, and shall schedule the matter for a hearing to be held as follows: within 45 days of the filing of a petition pursuant to subdivision A 1, A 2 or A 3, except where an order of publication has been ordered by the court, in which case the hearing shall be held within 75 days of the filing of the petition. The court shall provide notice of the hearing and a copy of the petition to the following, each of whom shall be a party entitled to participate in the proceeding:1\n\nThe local board of social services or child welfare agency;2\n\nThe child, if he is 12 years of age or older;3\n\nThe guardian ad litem for the child; and4\n\nThe child’s parents, guardian, legal custodian or other person standing in loco parentis to the child. No such notification shall be required, however, if the judge certifies on the record that the identity of the parent or guardian is not reasonably ascertainable. A birth father shall be given notice of the proceedings if he is an acknowledged father pursuant to § 20-49.1, adjudicated pursuant to § 20-49.8, or presumed pursuant to § 63.2-1202, or has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.). An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. Failure to register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of Chapter 12 of Title 63.2 shall be evidence that the identity of the father is not reasonably ascertainable. The hearing shall be held and an order may be entered, although a parent, guardian, legal custodian or person standing in loco parentis 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. However, when a petition seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, a summons shall be served upon the parent or parents and the other parties specified in § 16.1-263. The summons or notice of hearing shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264. The remaining parent’s parental rights may be terminated even though that parent has not entered into an entrustment agreement if the court finds, based upon clear and convincing evidence, that it is in the best interest of the child and that (i) the identity of the parent is not reasonably ascertainable; (ii) the identity and whereabouts of the parent are known or reasonably ascertainable, and the parent is personally served with notice of the termination proceeding pursuant to § 8.01-296 or 8.01-320; (iii) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings by certified or registered mail to the last known address and such parent fails to object to the proceedings within 15 days of the mailing of such notice; or (iv) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings through an order of publication pursuant to §§ 8.01-316 and 8.01-317, and such parent fails to object to the proceedings.C\n\nAt the hearing held pursuant to this section, the court shall hear evidence on the petition filed and shall review the foster care plan for the child filed by the local board or child welfare agency in accordance with § 16.1-281.D\n\nAt the conclusion of the hearing, the court shall make a finding, based upon a preponderance of the evidence, whether approval of the entrustment agreement is in the best interest of the child. However, if the petition seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, the court shall make a finding, based upon clear and convincing evidence, whether termination of parental rights is in the best interest of the child. If the court makes either of these findings, the court may make any of the orders of disposition permitted in a case involving an abused or neglected child pursuant to § 16.1-278.2. Any such order transferring legal custody of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2 and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody of the child to a local board of social services. At any time subsequent to the transfer of legal custody of the child pursuant to this section, a birth parent or parents of the child and the pre-adoptive parent or parents may enter into a written post-adoption contact and communication agreement in accordance with the provisions of § 16.1-283.1 and Article 1.1 (§ 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2. The court shall not require a written post-adoption contact and communication agreement as a precondition to entry of an order in any case involving the child.\n\t\t\tThe effect of the court’s order approving a permanent entrustment agreement is to terminate an entrusting parent’s residual parental rights. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. A final order terminating parental rights pursuant to this section renders the approved entrustment agreement irrevocable. Such order may be appealed in accordance with the provisions of § 16.1-296.D1\n\nAny order transferring custody of the child to a person with a legitimate interest pursuant to subsection D shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who (i) after an investigation as directed by the court, is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court’s order transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement.E\n\nThe local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.","order_by":null,"text":{"0":{"id":264433,"text":"In any case in which a child has been entrusted pursuant to \u00a7 63.2-903 or 63.2-1817 to the local board of social services or to a child welfare agency, a petition for approval of the entrustment agreement by the board or agency:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264434,"text":"Shall be filed within a reasonable period of time, no later than 89 days after the execution of an entrustment agreement for less than 90 days, if the child is not returned to the caretaker from whom he was entrusted within that period;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264435,"text":"Shall be filed within a reasonable period of time, not to exceed 30 days after the execution of an entrustment agreement for 90 days or longer or for an unspecified period of time, if such entrustment agreement does not provide for the termination of all parental rights and responsibilities with respect to the child; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":264436,"text":"May be filed in the case of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child.\n\t\t\t\tThe board or agency shall file a foster care plan pursuant to § 16.1-281 to be heard with any petition for approval of an entrustment agreement.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":264437,"text":"Upon the filing of a petition for approval of an entrustment agreement pursuant to subsection A of \u00a7 16.1-241, the court shall appoint a guardian ad litem to represent the child in accordance with the provisions of \u00a7 16.1-266, and shall schedule the matter for a hearing to be held as follows: within 45 days of the filing of a petition pursuant to subdivision A 1, A 2 or A 3, except where an order of publication has been ordered by the court, in which case the hearing shall be held within 75 days of the filing of the petition. The court shall provide notice of the hearing and a copy of the petition to the following, each of whom shall be a party entitled to participate in the proceeding:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":264438,"text":"The local board of social services or child welfare agency;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":264439,"text":"The child, if he is 12 years of age or older;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":264440,"text":"The guardian ad litem for the child; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":264441,"text":"The child’s parents, guardian, legal custodian or other person standing in loco parentis to the child. No such notification shall be required, however, if the judge certifies on the record that the identity of the parent or guardian is not reasonably ascertainable. A birth father shall be given notice of the proceedings if he is an acknowledged father pursuant to § 20-49.1, adjudicated pursuant to § 20-49.8, or presumed pursuant to § 63.2-1202, or has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.). An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. Failure to register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et seq.) of Chapter 12 of Title 63.2 shall be evidence that the identity of the father is not reasonably ascertainable. The hearing shall be held and an order may be entered, although a parent, guardian, legal custodian or person standing in loco parentis 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. However, when a petition seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, a summons shall be served upon the parent or parents and the other parties specified in § 16.1-263. The summons or notice of hearing shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264. The remaining parent’s parental rights may be terminated even though that parent has not entered into an entrustment agreement if the court finds, based upon clear and convincing evidence, that it is in the best interest of the child and that (i) the identity of the parent is not reasonably ascertainable; (ii) the identity and whereabouts of the parent are known or reasonably ascertainable, and the parent is personally served with notice of the termination proceeding pursuant to § 8.01-296 or 8.01-320; (iii) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings by certified or registered mail to the last known address and such parent fails to object to the proceedings within 15 days of the mailing of such notice; or (iv) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings through an order of publication pursuant to §§ 8.01-316 and 8.01-317, and such parent fails to object to the proceedings.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"9":{"id":264442,"text":"At the hearing held pursuant to this section, the court shall hear evidence on the petition filed and shall review the foster care plan for the child filed by the local board or child welfare agency in accordance with § 16.1-281.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"10":{"id":264443,"text":"At the conclusion of the hearing, the court shall make a finding, based upon a preponderance of the evidence, whether approval of the entrustment agreement is in the best interest of the child. However, if the petition seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, the court shall make a finding, based upon clear and convincing evidence, whether termination of parental rights is in the best interest of the child. If the court makes either of these findings, the court may make any of the orders of disposition permitted in a case involving an abused or neglected child pursuant to § 16.1-278.2. Any such order transferring legal custody of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2 and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody of the child to a local board of social services. At any time subsequent to the transfer of legal custody of the child pursuant to this section, a birth parent or parents of the child and the pre-adoptive parent or parents may enter into a written post-adoption contact and communication agreement in accordance with the provisions of § 16.1-283.1 and Article 1.1 (§ 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2. The court shall not require a written post-adoption contact and communication agreement as a precondition to entry of an order in any case involving the child.\n\t\t\tThe effect of the court’s order approving a permanent entrustment agreement is to terminate an entrusting parent’s residual parental rights. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. A final order terminating parental rights pursuant to this section renders the approved entrustment agreement irrevocable. Such order may be appealed in accordance with the provisions of § 16.1-296.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"11":{"id":264444,"text":"Any order transferring custody of the child to a person with a legitimate interest pursuant to subsection D shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who (i) after an investigation as directed by the court, is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court’s order transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement.","type":"section","prefixes":["D1"],"prefix":"D1","entire_prefix":"D1","prefix_anchor":"D1","level":1,"prior_prefix":"D","next_prefix":"E"},"12":{"id":264445,"text":"The local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D1"}},"ancestry":[{"id":13301,"edition_id":1,"name":"Adjudication","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":161719,"object_type":"structure","relational_id":13301,"identifier":"8","token":"16.1\/11\/8","url":"\/16.1\/11\/8\/","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":84576,"structure_id":13301,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","url":"\/16.1-273\/","token":"16.1\/11\/8\/16.1-273","metadata":false},{"id":56443,"structure_id":13301,"section_number":"16.1-274","catch_line":"Time for filing of reports; copies furnished to attorneys; amended reports; fees","url":"\/16.1-274\/","token":"16.1\/11\/8\/16.1-274","metadata":false},{"id":66915,"structure_id":13301,"section_number":"16.1-274.1","catch_line":"Admission of evidence of juvenile's age","url":"\/16.1-274.1\/","token":"16.1\/11\/8\/16.1-274.1","metadata":false},{"id":75959,"structure_id":13301,"section_number":"16.1-274.2","catch_line":"Certain education records as evidence","url":"\/16.1-274.2\/","token":"16.1\/11\/8\/16.1-274.2","metadata":false},{"id":68027,"structure_id":13301,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","url":"\/16.1-275\/","token":"16.1\/11\/8\/16.1-275","metadata":false},{"id":87109,"structure_id":13301,"section_number":"16.1-276","catch_line":"Fees and travel expenses of witnesses","url":"\/16.1-276\/","token":"16.1\/11\/8\/16.1-276","metadata":false},{"id":64722,"structure_id":13301,"section_number":"16.1-276.1","catch_line":"Repealed","url":"\/16.1-276.1\/","token":"16.1\/11\/8\/16.1-276.1","metadata":false},{"id":79168,"structure_id":13301,"section_number":"16.1-276.2","catch_line":"Transportation orders in certain proceedings","url":"\/16.1-276.2\/","token":"16.1\/11\/8\/16.1-276.2","metadata":false},{"id":76333,"structure_id":13301,"section_number":"16.1-276.3","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-276.3\/","token":"16.1\/11\/8\/16.1-276.3","metadata":false},{"id":82701,"structure_id":13301,"section_number":"16.1-276.4","catch_line":"Use of restraints on juveniles in court prohibited; exceptions","url":"\/16.1-276.4\/","token":"16.1\/11\/8\/16.1-276.4","metadata":false},{"id":79123,"structure_id":13301,"section_number":"16.1-277","catch_line":"Repealed","url":"\/16.1-277\/","token":"16.1\/11\/8\/16.1-277","metadata":false},{"id":73490,"structure_id":13301,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","url":"\/16.1-277.01\/","token":"16.1\/11\/8\/16.1-277.01","metadata":false},{"id":73075,"structure_id":13301,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","url":"\/16.1-277.02\/","token":"16.1\/11\/8\/16.1-277.02","metadata":false},{"id":54290,"structure_id":13301,"section_number":"16.1-277.1","catch_line":"Time limitation","url":"\/16.1-277.1\/","token":"16.1\/11\/8\/16.1-277.1","metadata":false},{"id":75663,"structure_id":13301,"section_number":"16.1-277.2","catch_line":"Rejection of plea agreement; recusal","url":"\/16.1-277.2\/","token":"16.1\/11\/8\/16.1-277.2","metadata":false}],"previous_section":{"id":79123,"structure_id":13301,"section_number":"16.1-277","catch_line":"Repealed","url":"\/16.1-277\/","token":"16.1\/11\/8\/16.1-277","metadata":false},"next_section":{"id":73075,"structure_id":13301,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","url":"\/16.1-277.02\/","token":"16.1\/11\/8\/16.1-277.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-277.01\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 889<\/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 6 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 2000, chapter 385<\/a>; in 2006, chapter 825<\/a>; in 2009, chapters 98<\/a> and 260<\/a>; in 2010, chapter 331<\/a>; in 2017, chapter 200<\/a>; in 2019, chapter 434<\/a>.<\/p>","references":[{"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":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\/"},{"id":72577,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","order_by":null,"url":"\/22.1-213.1\/"},{"id":56081,"section_number":"63.2-1250","catch_line":"Registration; notice; form","order_by":null,"url":"\/63.2-1250\/"},{"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":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"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":74001,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","order_by":null,"url":"\/16.1-283.1\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"},{"id":75922,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","order_by":null,"url":"\/20-49.8\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":65888,"section_number":"63.2-1220.2","catch_line":"Authority to enter into post-adoption contact and communication agreements","order_by":null,"url":"\/63.2-1220.2\/"},{"id":72171,"section_number":"63.2-1249","catch_line":"Establishment of Registry","order_by":null,"url":"\/63.2-1249\/"},{"id":64749,"section_number":"63.2-1817","catch_line":"Acceptance and control over children by licensed child-placing agency, children's residential facility or independent foster home","order_by":null,"url":"\/63.2-1817\/"},{"id":83322,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","order_by":null,"url":"\/63.2-903\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"},{"id":58190,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","order_by":null,"url":"\/8.01-317\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"}],"permalink":{"id":161765,"object_type":"law","relational_id":73490,"identifier":"16.1-277.01","token":"16.1\/11\/8\/16.1-277.01","url":"\/16.1-277.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-277.01\/","token":"16.1\/11\/8\/16.1-277.01","dublin_core":{"Title":"Approval of entrustment agreement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-277.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which a child has been entrusted pursuant to \u00a7 63.2-903<\/a> or 63.2-1817<\/a> to the local board of social services or to a child welfare agency<\/span>, a petition<\/span> for approval of the entrustment agreement by the board or agency: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Shall be filed within a reasonable period of time, no later than 89 days after the execution of an entrustment agreement for less than 90 days, if the child is not returned to the caretaker from whom he was entrusted within that period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Shall be filed within a reasonable period of time, not to exceed 30 days after the execution of an entrustment agreement for 90 days or longer or for an unspecified period of time, if such entrustment agreement does not provide for the termination of all parental rights and responsibilities with respect to the child; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> May be filed in the case of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child.\n\t\t\t\tThe board or agency shall file a foster care plan pursuant to § 16.1-281<\/a> to be heard with any petition<\/span> for approval of an entrustment agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon the filing of a petition<\/span> for approval of an entrustment agreement pursuant to subsection A of \u00a7 16.1-241<\/a>, the court<\/span> shall appoint a guardian ad litem<\/span> to represent the child in accordance with the provisions of \u00a7 16.1-266<\/a>, and shall schedule the matter for a hearing<\/span> to be held as follows: within 45 days of the filing of a petition<\/span> pursuant to subdivision A 1, A 2 or A 3, except where an order<\/span> of publication has been ordered by the court<\/span>, in which case the hearing<\/span> shall be held within 75 days of the filing of the petition<\/span>. The court<\/span> shall provide notice of the hearing<\/span> and a copy of the petition<\/span> to the following, each of whom shall be a party<\/span> entitled to participate in the proceeding: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The local board of social services or child welfare agency<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child, if he is 12 years of age or older; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The guardian ad litem<\/span> for the child; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The child’s parents, guardian, legal custodian or other person standing in loco parentis to the child. No such notification shall be required, however, if the judge<\/span> certifies on the record that the identity of the parent or guardian is not reasonably ascertainable. A birth father shall be given notice of the proceedings if he is an acknowledged father pursuant to § 20-49.1<\/a>, adjudicated pursuant to § 20-49.8<\/a>, or presumed pursuant to § 63.2-1202<\/a>, or has registered with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.). An affidavit<\/span> of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence<\/span> of this fact<\/span>, provided there is no other evidence<\/span> before the court<\/span> which would refute such an affidavit<\/span>. Failure to register with the Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249<\/a> et seq.) of Chapter 12 of Title 63.2 shall be evidence<\/span> that the identity of the father is not reasonably ascertainable. The hearing<\/span> shall be held and an order<\/span> may be entered, although a parent, guardian, legal custodian or person standing in loco parentis 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. However, when a petition<\/span> seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, a summons<\/span> shall be served upon the parent or parents and the other parties specified in § 16.1-263<\/a>. The summons<\/span> or notice of hearing<\/span> shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264<\/a>. The remaining parent’s parental rights may be terminated even though that parent has not entered into an entrustment agreement if the court<\/span> finds, based upon clear and convincing evidence<\/span>, that it is in the best interest of the child and that (i) the identity of the parent is not reasonably ascertainable; (ii) the identity and whereabouts of the parent are known or reasonably ascertainable, and the parent is personally served with notice of the termination proceeding pursuant to § 8.01-296<\/a> or 8.01-320<\/a>; (iii) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings by certified or registered mail to the last known address and such parent fails to object<\/span> to the proceedings within 15 days of the mailing of such notice; or (iv) the whereabouts of the parent are not reasonably ascertainable and the parent is given notice of the termination proceedings through an order<\/span> of publication pursuant to §§ 8.01-316<\/a> and 8.01-317<\/a>, and such parent fails to object<\/span> to the proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the hearing<\/span> held pursuant to this section, the court<\/span> shall hear evidence<\/span> on the petition<\/span> filed and shall review the foster care plan for the child filed by the local board or child welfare agency<\/span> in accordance with § 16.1-281<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the conclusion of the hearing<\/span>, the court<\/span> shall make a finding<\/span>, based upon a preponderance of the evidence<\/span>, whether approval of the entrustment agreement is in the best interest of the child. However, if the petition<\/span> seeks approval of a permanent entrustment agreement which provides for the termination of all parental rights and responsibilities with respect to the child, the court<\/span> shall make a finding<\/span>, based upon clear and convincing evidence, whether termination of parental rights is in the best interest of the child. If the court<\/span> makes either of these findings<\/span>, the court<\/span> may make any of the orders<\/span> of disposition<\/span> permitted in a case involving an abused or neglected child<\/span> pursuant to § 16.1-278.2<\/a>. Any such order transferring legal custody<\/span> of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2<\/a> and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings<\/span>: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody<\/span> of the child to a local board of social services. At any time subsequent to the transfer of legal custody<\/span> of the child pursuant to this section, a birth parent or parents of the child and the pre-adoptive parent or parents may enter into a written post-adoption contact and communication agreement in accordance with the provisions of § 16.1-283.1<\/a> and Article 1.1 (§ 63.2-1220.2<\/a> et seq.) of Chapter 12 of Title 63.2. The court<\/span> shall not require a written post-adoption contact and communication agreement as a precondition to entry of an order in any case involving the child.\n\t\t\tThe effect of the court<\/span>’s order approving a permanent entrustment agreement is to terminate an entrusting parent’s residual parental rights. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. A final order<\/span> terminating parental rights pursuant to this section renders the approved entrustment agreement irrevocable. Such order may be appealed in accordance with the provisions of § 16.1-296<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D1.<\/span> Any order transferring custody of the child to a person with a legitimate interest pursuant to subsection D shall be entered only upon a finding<\/span>, based upon a preponderance of the evidence<\/span>, that such person is one who (i) after an investigation as directed by the court<\/span>, is found by the court<\/span> to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court<\/span>’s order transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court<\/span> on the progress being made to place the child in an adoptive home<\/span>. The report shall be filed with the court<\/span> every six months from the date of the final order<\/span> terminating parental rights until a final order<\/span> of adoption is entered on behalf of the child in the circuit<\/span> court. At the conclusion of the hearing<\/span> at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court<\/span> shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court<\/span> to the guardian ad litem<\/span> for the child. The court<\/span> may schedule a hearing<\/span> on the report with or without the request of a party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPROVAL OF ENTRUSTMENT AGREEMENT (\u00a7 16.1-277.01)\n\nA. In any case in which a child has been entrusted pursuant to \u00a7 63.2-903 or\n63.2-1817 to the local board of social services or to a child welfare agency, a\npetition for approval of the entrustment agreement by the board or agency:\n\n 1. Shall be filed within a reasonable period of time, no later than 89 days\n after the execution of an entrustment agreement for less than 90 days, if the\n child is not returned to the caretaker from whom he was entrusted within that\n period;\n\n 2. Shall be filed within a reasonable period of time, not to exceed 30 days\n after the execution of an entrustment agreement for 90 days or longer or for\n an unspecified period of time, if such entrustment agreement does not provide\n for the termination of all parental rights and responsibilities with respect\n to the child; and\n\n 3. May be filed in the case of a permanent entrustment agreement which\n provides for the termination of all parental rights and responsibilities with\n respect to the child.\n \t\t\t\tThe board or agency shall file a foster care plan pursuant to §\n 16.1-281 to be heard with any petition for approval of an entrustment\n agreement.\n\nB. Upon the filing of a petition for approval of an entrustment agreement\npursuant to subsection A of \u00a7 16.1-241, the court shall appoint a guardian ad\nlitem to represent the child in accordance with the provisions of \u00a7 16.1-266,\nand shall schedule the matter for a hearing to be held as follows: within 45\ndays of the filing of a petition pursuant to subdivision A 1, A 2 or A 3, except\nwhere an order of publication has been ordered by the court, in which case the\nhearing shall be held within 75 days of the filing of the petition. The court\nshall provide notice of the hearing and a copy of the petition to the following,\neach of whom shall be a party entitled to participate in the proceeding:\n\n 1. The local board of social services or child welfare agency;\n\n 2. The child, if he is 12 years of age or older;\n\n 3. The guardian ad litem for the child; and\n\n 4. The child’s parents, guardian, legal custodian or other person\n standing in loco parentis to the child. No such notification shall be\n required, however, if the judge certifies on the record that the identity of\n the parent or guardian is not reasonably ascertainable. A birth father shall\n be given notice of the proceedings if he is an acknowledged father pursuant to\n § 20-49.1, adjudicated pursuant to § 20-49.8, or presumed pursuant\n to § 63.2-1202, or has registered with the Virginia Birth Father Registry\n pursuant to Article 7 (§ 63.2-1249 et seq.). An affidavit of the mother\n that the identity of the father is not reasonably ascertainable shall be\n sufficient evidence of this fact, provided there is no other evidence before\n the court which would refute such an affidavit. Failure to register with the\n Virginia Birth Father Registry pursuant to Article 7 (§ 63.2-1249 et\n seq.) of Chapter 12 of Title 63.2 shall be evidence that the identity of the\n father is not reasonably ascertainable. The hearing shall be held and an order\n may be entered, although a parent, guardian, legal custodian or person\n standing in loco parentis fails to appear and is not represented by counsel,\n provided personal or substituted service was made on the person, or the court\n determines that such person cannot be found, after reasonable effort, or in\n the case of a person who is without the Commonwealth, the person cannot be\n found or his post office address cannot be ascertained after reasonable\n effort. However, when a petition seeks approval of a permanent entrustment\n agreement which provides for the termination of all parental rights and\n responsibilities with respect to the child, a summons shall be served upon the\n parent or parents and the other parties specified in § 16.1-263. The\n summons or notice of hearing shall clearly state the consequences of a\n termination of residual parental rights. Service shall be made pursuant to\n § 16.1-264. The remaining parent’s parental rights may be\n terminated even though that parent has not entered into an entrustment\n agreement if the court finds, based upon clear and convincing evidence, that\n it is in the best interest of the child and that (i) the identity of the\n parent is not reasonably ascertainable; (ii) the identity and whereabouts of\n the parent are known or reasonably ascertainable, and the parent is personally\n served with notice of the termination proceeding pursuant to § 8.01-296\n or 8.01-320; (iii) the whereabouts of the parent are not reasonably\n ascertainable and the parent is given notice of the termination proceedings by\n certified or registered mail to the last known address and such parent fails\n to object to the proceedings within 15 days of the mailing of such notice; or\n (iv) the whereabouts of the parent are not reasonably ascertainable and the\n parent is given notice of the termination proceedings through an order of\n publication pursuant to §§ 8.01-316 and 8.01-317, and such parent\n fails to object to the proceedings.\n\nC. At the hearing held pursuant to this section, the court shall hear evidence\non the petition filed and shall review the foster care plan for the child filed\nby the local board or child welfare agency in accordance with § 16.1-281.\n\nD. At the conclusion of the hearing, the court shall make a finding, based upon\na preponderance of the evidence, whether approval of the entrustment agreement\nis in the best interest of the child. However, if the petition seeks approval of\na permanent entrustment agreement which provides for the termination of all\nparental rights and responsibilities with respect to the child, the court shall\nmake a finding, based upon clear and convincing evidence, whether termination of\nparental rights is in the best interest of the child. If the court makes either\nof these findings, the court may make any of the orders of disposition permitted\nin a case involving an abused or neglected child pursuant to § 16.1-278.2.\nAny such order transferring legal custody of the child shall be made in\naccordance with the provisions of subdivision A 5 of § 16.1-278.2 and shall\nbe subject to the provisions of subsection D1. This order shall include, but\nneed not be limited to, the following findings: (i) that there is no less\ndrastic alternative to granting the requested relief; and (ii) that reasonable\nefforts have been made to prevent removal and that continued placement in the\nhome would be contrary to the welfare of the child, if the order transfers legal\ncustody of the child to a local board of social services. At any time subsequent\nto the transfer of legal custody of the child pursuant to this section, a birth\nparent or parents of the child and the pre-adoptive parent or parents may enter\ninto a written post-adoption contact and communication agreement in accordance\nwith the provisions of § 16.1-283.1 and Article 1.1 (§ 63.2-1220.2 et\nseq.) of Chapter 12 of Title 63.2. The court shall not require a written\npost-adoption contact and communication agreement as a precondition to entry of\nan order in any case involving the child.\n\t\t\tThe effect of the court’s order approving a permanent entrustment\nagreement is to terminate an entrusting parent’s residual parental rights.\nAny order terminating parental rights shall be accompanied by an order (i)\ncontinuing or granting custody to a local board of social services or to a\nlicensed child-placing agency or (ii) granting custody or guardianship to a\nperson with a legitimate interest. Such an order continuing or granting custody\nto a local board of social services or to a licensed child-placing agency shall\nindicate whether that board or agency shall have the authority to place the\nchild for adoption and consent thereto. A final order terminating parental\nrights pursuant to this section renders the approved entrustment agreement\nirrevocable. Such order may be appealed in accordance with the provisions of\n§ 16.1-296.\n\nD1. Any order transferring custody of the child to a person with a legitimate\ninterest pursuant to subsection D shall be entered only upon a finding, based\nupon a preponderance of the evidence, that such person is one who (i) after an\ninvestigation as directed by the court, is found by the court to be willing and\nqualified to receive and care for the child; (ii) is willing to have a positive,\ncontinuous relationship with the child; (iii) is committed to providing a\npermanent, suitable home for the child; and (iv) is willing and has the ability\nto protect the child from abuse and neglect; and the order shall so state. The\ncourt’s order transferring custody to a person with a legitimate interest\nshould further provide for, as appropriate, any terms and conditions which would\npromote the child’s interest and welfare; ongoing provision of social\nservices to the child and the child’s custodian; and court review of the\nchild’s placement.\n\nE. The local board or licensed child-placing agency to which authority is given\nto place the child for adoption and consent thereto after an order terminating\nparental rights is entered pursuant to this section shall file a written\nAdoption Progress Report with the juvenile court on the progress being made to\nplace the child in an adoptive home. The report shall be filed with the court\nevery six months from the date of the final order terminating parental rights\nuntil a final order of adoption is entered on behalf of the child in the circuit\ncourt. At the conclusion of the hearing at which termination of parental rights\nis ordered and authority is given to the local board or licensed child-placing\nagency to place the child for adoption, the juvenile court shall schedule a date\nby which the board or agency shall file the first Adoption Progress Report\nrequired by this section. A copy of the Adoption Progress Report shall be sent\nby the court to the guardian ad litem for the child. The court may schedule a\nhearing on the report with or without the request of a party.\n\nHISTORY: 1999, c. 889; 2000, c. 385; 2006, c. 825; 2009, cc. 98, 260; 2010, c.\n331; 2017, c. 200; 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}}