{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-277.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-277.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-277.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-277.02.html"}],"law_id":73075,"edition_id":1,"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","history":"1999, c. 889; 2000, c. 385; 2009, cc. 98, 260; 2010, c. 331; 2013, c. 130; 2019, c. 434; 2025, cc. 138, 155.","full_text":"A\n\nRequests for petitions for relief of the care and custody of a child shall be referred initially to the local department of social services for investigation and the provision of services, if appropriate, in accordance with the provisions of \u00a7 63.2-319 or Chapter 15 (\u00a7 63.2-1500 et seq.) of Title 63.2. The local department of social services shall, as part of its investigation, (i) refer the parent to the local family assessment and planning team and (ii) create a written report regarding the history of the child and family. A referral to the local family assessment and planning team in accordance with clause (i) shall not interfere with or delay any proceeding or hearing related to the petition unless the court determines that any recommendations made by or information gathered from the family assessment and planning team is necessary for the court to make a final disposition in the matter. Upon the filing of a petition for relief of a child’s care and custody pursuant to subdivision A 4 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 on the petition. Such hearing on the petition may include partial or final disposition of the matter. 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 child, if he is 12 years of age or older;2\n\nThe guardian ad litem for the child;3\n\nThe child’s parents, 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 is not reasonably ascertainable. 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. The hearing on the petition shall be held pursuant to this section although a parent fails to appear and is not represented by counsel, provided personal or substituted service was made on the parent, 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, in the case of a hearing to grant a petition for permanent relief of custody and terminate a parent’s residual parental rights, notice to the parent whose rights may be affected shall be provided in accordance with the provisions of §§ 16.1-263 and 16.1-264; and4\n\nThe local board of social services. Upon receiving notice of the hearing pursuant to this section, the local board of social services shall investigate the matter and provide services, as appropriate, in accordance with the provisions of § 63.2-319 or Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.B\n\nAt the hearing, the local board of social services, the child, the child’s parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.C\n\nAt the conclusion of the hearing on the petition, the court shall make a finding, based upon a preponderance of the evidence, whether there is good cause shown for the petitioner’s desire to be relieved of the child’s care and custody, unless the petition seeks permanent relief of custody and termination of parental rights. If the petition seeks permanent relief of custody and termination of parental rights, 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 enter:1\n\nA preliminary protective order pursuant to § 16.1-253;2\n\nAn order that requires the local board of social services to provide services to the family as required by law;3\n\nAn order that is consistent with any of the dispositional alternatives pursuant to § 16.1-278.3; or4\n\nAny combination of these orders.\n\t\t\t\tAny 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 C1. 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. Any order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or 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. 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\t\tThe court shall schedule a subsequent hearing within 60 days of the hearing held pursuant to this section: (a) to enter a final order of disposition pursuant to § 16.1-278.3 or (b) if the child is placed in foster care, for review of the foster care plan filed pursuant to § 16.1-281. If a party is required to be present at the subsequent hearing, and (1) is present at the hearing on the petition, the party shall be given notice of the date set for the subsequent hearing; (2) if not present, shall be summoned as provided in § 16.1-263.C1\n\nAny order transferring temporary custody of the child to a person with a legitimate interest pursuant to subsection C shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who (i) 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; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court’s order transferring temporary custody to a person with a legitimate interest should further provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253; and, as appropriate, ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement with such person with a legitimate interest. Any final order transferring custody of the child to a person with a legitimate interest pursuant to this section shall, in addition, be entered only after an investigation as directed by the court and upon a finding, stated in the court’s order, that such person is one who satisfies clauses (i), (ii), and (iii) and is committed to providing a permanent, suitable home for the child.D\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":263126,"text":"Requests for petitions for relief of the care and custody of a child shall be referred initially to the local department of social services for investigation and the provision of services, if appropriate, in accordance with the provisions of \u00a7 63.2-319 or Chapter 15 (\u00a7 63.2-1500 et seq.) of Title 63.2. The local department of social services shall, as part of its investigation, (i) refer the parent to the local family assessment and planning team and (ii) create a written report regarding the history of the child and family. A referral to the local family assessment and planning team in accordance with clause (i) shall not interfere with or delay any proceeding or hearing related to the petition unless the court determines that any recommendations made by or information gathered from the family assessment and planning team is necessary for the court to make a final disposition in the matter. Upon the filing of a petition for relief of a child’s care and custody pursuant to subdivision A 4 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 on the petition. Such hearing on the petition may include partial or final disposition of the matter. 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":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":263127,"text":"The child, if he is 12 years of age or older;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":263128,"text":"The guardian ad litem for the child;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":263129,"text":"The child’s parents, 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 is not reasonably ascertainable. 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. The hearing on the petition shall be held pursuant to this section although a parent fails to appear and is not represented by counsel, provided personal or substituted service was made on the parent, 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, in the case of a hearing to grant a petition for permanent relief of custody and terminate a parent’s residual parental rights, notice to the parent whose rights may be affected shall be provided in accordance with the provisions of §§ 16.1-263 and 16.1-264; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":263130,"text":"The local board of social services. Upon receiving notice of the hearing pursuant to this section, the local board of social services shall investigate the matter and provide services, as appropriate, in accordance with the provisions of § 63.2-319 or Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":263131,"text":"At the hearing, the local board of social services, the child, the child’s parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":263132,"text":"At the conclusion of the hearing on the petition, the court shall make a finding, based upon a preponderance of the evidence, whether there is good cause shown for the petitioner’s desire to be relieved of the child’s care and custody, unless the petition seeks permanent relief of custody and termination of parental rights. If the petition seeks permanent relief of custody and termination of parental rights, 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 enter:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"7":{"id":263133,"text":"A preliminary protective order pursuant to § 16.1-253;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":263134,"text":"An order that requires the local board of social services to provide services to the family as required by law;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":263135,"text":"An order that is consistent with any of the dispositional alternatives pursuant to § 16.1-278.3; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"10":{"id":263136,"text":"Any combination of these orders.\n\t\t\t\tAny 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 C1. 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. Any order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or 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. 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\t\tThe court shall schedule a subsequent hearing within 60 days of the hearing held pursuant to this section: (a) to enter a final order of disposition pursuant to § 16.1-278.3 or (b) if the child is placed in foster care, for review of the foster care plan filed pursuant to § 16.1-281. If a party is required to be present at the subsequent hearing, and (1) is present at the hearing on the petition, the party shall be given notice of the date set for the subsequent hearing; (2) if not present, shall be summoned as provided in § 16.1-263.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C1"},"11":{"id":263137,"text":"Any order transferring temporary custody of the child to a person with a legitimate interest pursuant to subsection C shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who (i) 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; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court’s order transferring temporary custody to a person with a legitimate interest should further provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253; and, as appropriate, ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement with such person with a legitimate interest. Any final order transferring custody of the child to a person with a legitimate interest pursuant to this section shall, in addition, be entered only after an investigation as directed by the court and upon a finding, stated in the court’s order, that such person is one who satisfies clauses (i), (ii), and (iii) and is committed to providing a permanent, suitable home for the child.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C4","next_prefix":"D"},"12":{"id":263138,"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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-277.02\/","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 2009, chapters 98<\/a> and 260<\/a>; in 2010, chapter 331<\/a>; in 2013, chapter 130<\/a>; in 2019, chapter 434<\/a>; in 2025, chapters 138<\/a> and 155<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"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":78408,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","order_by":null,"url":"\/16.1-278.15\/"},{"id":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"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":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":72577,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","order_by":null,"url":"\/22.1-213.1\/"},{"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":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":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":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"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":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":55048,"section_number":"63.2-1500","catch_line":"Repealed","order_by":null,"url":"\/63.2-1500\/"},{"id":86602,"section_number":"63.2-319","catch_line":"Child welfare and other services","order_by":null,"url":"\/63.2-319\/"}],"permalink":{"id":161769,"object_type":"law","relational_id":73075,"identifier":"16.1-277.02","token":"16.1\/11\/8\/16.1-277.02","url":"\/16.1-277.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-277.02\/","token":"16.1\/11\/8\/16.1-277.02","dublin_core":{"Title":"(Effective January 1, 2026) Petition for relief of care and custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-277.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Requests for petitions<\/span> for relief of the care and custody<\/span> of a child shall be referred initially to the local department<\/span> of social services for investigation and the provision of services, if appropriate, in accordance with the provisions of \u00a7 63.2-319<\/a> or Chapter 15 (\u00a7 63.2-1500<\/a> et seq.) of Title 63.2. The local department<\/span> of social services shall, as part of its investigation, (i) refer the parent to the local family assessment and planning team and (ii) create a written report regarding the history of the child and family. A referral to the local family assessment and planning team in accordance with clause (i) shall not interfere with or delay any proceeding or hearing<\/span> related to the petition<\/span> unless the court<\/span> determines that any recommendations made by or information gathered from the family assessment and planning team is necessary for the court<\/span> to make a final disposition<\/span> in the matter. Upon the filing of a petition<\/span> for relief of a child’s care and custody<\/span> pursuant to subdivision A 4 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> on the petition<\/span>. Such hearing<\/span> on the petition<\/span> may include partial or final disposition<\/span> of the matter. 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 child, if he is 12 years of age or older; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> The child’s parents, 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 is not reasonably ascertainable. 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>. The hearing<\/span> on the petition<\/span> shall be held pursuant to this section although a parent fails to appear and is not represented by counsel<\/span>, provided personal or substituted service was made on the parent, 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, in the case of a hearing<\/span> to grant a petition<\/span> for permanent relief of custody<\/span> and terminate a parent’s residual parental rights, notice to the parent whose rights may be affected shall be provided in accordance with the provisions of §§ 16.1-263<\/a> and 16.1-264<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The local board of social services. Upon receiving notice of the hearing<\/span> pursuant to this section, the local board of social services shall investigate the matter and provide services, as appropriate, in accordance with the provisions of § 63.2-319<\/a> or Chapter 15 (§ 63.2-1500<\/a> et seq.) of Title 63.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span>, the local board of social services, the child, the child’s parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member<\/span> of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence<\/span> and to present evidence<\/span> on their own behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the conclusion of the hearing<\/span> on the petition<\/span>, the court<\/span> shall make a finding<\/span>, based upon a preponderance of the evidence<\/span>, whether there is good cause shown for the petitioner’s desire to be relieved of the child’s care and custody<\/span>, unless the petition<\/span> seeks permanent relief of custody<\/span> and termination of parental rights. If the petition<\/span> seeks permanent relief of custody<\/span> and termination of parental rights, 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 enter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A preliminary protective order<\/span> pursuant to § 16.1-253<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An order<\/span> that requires the local board of social services to provide services to the family as required by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An order<\/span> that is consistent with any of the dispositional alternatives pursuant to § 16.1-278.3<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any combination of these orders<\/span>.\n\t\t\t\tAny 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 C1. 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. Any order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or 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. 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\t\tThe court<\/span> shall schedule a subsequent hearing<\/span> within 60 days of the hearing<\/span> held pursuant to this section: (a) to enter a final order<\/span> of disposition<\/span> pursuant to § 16.1-278.3<\/a> or (b) if the child is placed in foster care, for review of the foster care plan filed pursuant to § 16.1-281<\/a>. If a party<\/span> is required to be present at the subsequent hearing<\/span>, and (1) is present at the hearing<\/span> on the petition<\/span>, the party<\/span> shall be given notice of the date set for the subsequent hearing<\/span>; (2) if not present, shall be summoned as provided in § 16.1-263<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> Any order transferring temporary custody of the child to a person with a legitimate interest pursuant to subsection C shall be entered only upon a finding<\/span>, based upon a preponderance of the evidence<\/span>, that such person is one who (i) 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; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court<\/span>’s order transferring temporary custody to a person with a legitimate interest should further provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253<\/a>; and, as appropriate, ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement with such person with a legitimate interest. Any final order<\/span> transferring custody of the child to a person with a legitimate interest pursuant to this section shall, in addition, be entered only after an investigation as directed by the court<\/span> and upon a finding<\/span>, stated in the court<\/span>’s order, that such person is one who satisfies clauses (i), (ii), and (iii) and is committed to providing a permanent, suitable home for the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/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\n(EFFECTIVE JANUARY 1, 2026) PETITION FOR RELIEF OF CARE AND CUSTODY (\u00a7\n16.1-277.02)\n\nA. Requests for petitions for relief of the care and custody of a child shall be\nreferred initially to the local department of social services for investigation\nand the provision of services, if appropriate, in accordance with the provisions\nof \u00a7 63.2-319 or Chapter 15 (\u00a7 63.2-1500 et seq.) of Title 63.2. The local\ndepartment of social services shall, as part of its investigation, (i) refer the\nparent to the local family assessment and planning team and (ii) create a\nwritten report regarding the history of the child and family. A referral to the\nlocal family assessment and planning team in accordance with clause (i) shall\nnot interfere with or delay any proceeding or hearing related to the petition\nunless the court determines that any recommendations made by or information\ngathered from the family assessment and planning team is necessary for the court\nto make a final disposition in the matter. Upon the filing of a petition for\nrelief of a child’s care and custody pursuant to subdivision A 4 of \u00a7\n16.1-241, the court shall appoint a guardian ad litem to represent the child in\naccordance with the provisions of \u00a7 16.1-266, and shall schedule the matter for\na hearing on the petition. Such hearing on the petition may include partial or\nfinal disposition of the matter. The court shall provide notice of the hearing\nand a copy of the petition to the following, each of whom shall be a party\nentitled to participate in the proceeding:\n\n 1. The child, if he is 12 years of age or older;\n\n 2. The guardian ad litem for the child;\n\n 3. The child’s parents, custodian or other person standing in loco\n parentis to the child. No such notification shall be required, however, if the\n judge certifies on the record that the identity of the parent is not\n reasonably ascertainable. An affidavit of the mother that the identity of the\n father is not reasonably ascertainable shall be sufficient evidence of this\n fact, provided there is no other evidence before the court which would refute\n such an affidavit. The hearing on the petition shall be held pursuant to this\n section although a parent fails to appear and is not represented by counsel,\n provided personal or substituted service was made on the parent, 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, in the case of a hearing to grant a petition for permanent\n relief of custody and terminate a parent’s residual parental rights,\n notice to the parent whose rights may be affected shall be provided in\n accordance with the provisions of §§ 16.1-263 and 16.1-264; and\n\n 4. The local board of social services. Upon receiving notice of the hearing\n pursuant to this section, the local board of social services shall investigate\n the matter and provide services, as appropriate, in accordance with the\n provisions of § 63.2-319 or Chapter 15 (§ 63.2-1500 et seq.) of\n Title 63.2.\n\nB. At the hearing, the local board of social services, the child, the\nchild’s parents, guardian, legal custodian or other person standing in\nloco parentis and any other family or household member of the child to whom\nnotice was given shall have the right to confront and cross-examine all adverse\nwitnesses and evidence and to present evidence on their own behalf.\n\nC. At the conclusion of the hearing on the petition, the court shall make a\nfinding, based upon a preponderance of the evidence, whether there is good cause\nshown for the petitioner’s desire to be relieved of the child’s care\nand custody, unless the petition seeks permanent relief of custody and\ntermination of parental rights. If the petition seeks permanent relief of\ncustody and termination of parental rights, the court shall make a finding,\nbased upon clear and convincing evidence, whether termination of parental rights\nis in the best interest of the child. If the court makes either of these\nfindings, the court may enter:\n\n 1. A preliminary protective order pursuant to § 16.1-253;\n\n 2. An order that requires the local board of social services to provide\n services to the family as required by law;\n\n 3. An order that is consistent with any of the dispositional alternatives\n pursuant to § 16.1-278.3; or\n\n 4. Any combination of these orders.\n \t\t\t\tAny such order transferring legal custody of the child shall be made in\n accordance with the provisions of subdivision A 5 of § 16.1-278.2 and\n shall be subject to the provisions of subsection C1. This order shall include,\n but need not be limited to, the following findings: (i) that there is no less\n drastic alternative to granting the requested relief; and (ii) that reasonable\n efforts have been made to prevent removal and that continued placement in the\n home would be contrary to the welfare of the child, if the order transfers\n legal custody of the child to a local board of social services. Any order\n terminating residual parental rights shall be accompanied by an order\n continuing or granting custody to a local board of social services or to a\n licensed child-placing agency or granting custody or guardianship to a person\n with a legitimate interest. Such an order continuing or granting custody to a\n local board of social services or to a licensed child-placing agency shall\n indicate whether that board or agency shall have the authority to place the\n child for adoption and consent thereto. At any time subsequent to the transfer\n of legal custody of the child pursuant to this section, a birth parent or\n parents of the child and the pre-adoptive parent or parents may enter into a\n written post-adoption contact and communication agreement in accordance with\n the provisions of § 16.1-283.1 and Article 1.1 (§ 63.2-1220.2 et\n seq.) of Chapter 12 of Title 63.2. The court shall not require a written\n post-adoption contact and communication agreement as a precondition to entry\n of an order in any case involving the child.\n \t\t\t\tThe court shall schedule a subsequent hearing within 60 days of the\n hearing held pursuant to this section: (a) to enter a final order of\n disposition pursuant to § 16.1-278.3 or (b) if the child is placed in\n foster care, for review of the foster care plan filed pursuant to §\n 16.1-281. If a party is required to be present at the subsequent hearing, and\n (1) is present at the hearing on the petition, the party shall be given notice\n of the date set for the subsequent hearing; (2) if not present, shall be\n summoned as provided in § 16.1-263.\n\nC1. Any order transferring temporary custody of the child to a person with a\nlegitimate interest pursuant to subsection C shall be entered only upon a\nfinding, based upon a preponderance of the evidence, that such person is one who\n(i) is found by the court to be willing and qualified to receive and care for\nthe child; (ii) is willing to have a positive, continuous relationship with the\nchild; and (iii) is willing and has the ability to protect the child from abuse\nand neglect. The court’s order transferring temporary custody to a person\nwith a legitimate interest should further provide for compliance with any\npreliminary protective order entered on behalf of the child in accordance with\nthe provisions of § 16.1-253; and, as appropriate, ongoing provision of\nsocial services to the child and the child’s custodian; and court review\nof the child’s placement with such person with a legitimate interest. Any\nfinal order transferring custody of the child to a person with a legitimate\ninterest pursuant to this section shall, in addition, be entered only after an\ninvestigation as directed by the court and upon a finding, stated in the\ncourt’s order, that such person is one who satisfies clauses (i), (ii),\nand (iii) and is committed to providing a permanent, suitable home for the\nchild.\n\nD. 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; 2009, cc. 98, 260; 2010, c. 331; 2013, c.\n130; 2019, c. 434; 2025, cc. 138, 155.","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}}