{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.2.html"}],"law_id":59979,"edition_id":1,"section_id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","history":"1991, c. 534; 1994, c. 865; 1997, c. 790; 2000, c. 385; 2002, c. 747; 2013, c. 130; 2017, c. 190; 2019, c. 434; 2022, c. 305.","full_text":"A\n\nWithin 60 days of a preliminary removal order hearing held pursuant to \u00a7 16.1-252 or a hearing on a preliminary protective order held pursuant to \u00a7 16.1-253, a dispositional hearing shall be held if the court found abuse or neglect and (i) removed the child from his home or (ii) entered a preliminary protective order. Notice of the dispositional hearing shall be provided to the child’s parent, guardian, legal custodian, or other person standing in loco parentis in accordance with \u00a7 16.1-263. The hearing shall be held and a dispositional 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. Notice shall also be provided to the local department of social services, the guardian ad litem and, if appointed, the court-appointed special advocate.\n\t\t\tIf a child is found to be (a) abused or neglected; (b) at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care; or (c) abandoned by his parent or other custodian, or without parental care and guardianship because of his parent’s absence or physical or mental incapacity, the juvenile court or the circuit court may make any of the following orders of disposition to protect the welfare of the child:1\n\nEnter an order pursuant to the provisions of § 16.1-278;2\n\nPermit the child to remain with his parent, subject to such conditions and limitations as the court may order with respect to such child and his parent or other adult occupant of the same dwelling;3\n\nProhibit or limit contact as the court deems appropriate between the child and his parent or other adult occupant of the same dwelling whose presence tends to endanger the child’s life, health or normal development. The prohibition may exclude any such individual from the home under such conditions as the court may prescribe for a period to be determined by the court but in no event for longer than 180 days from the date of such determination. A hearing shall be held within 150 days to determine further disposition of the matter that may include limiting or prohibiting contact for another 180 days;4\n\nPermit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of § 16.1-281, in suitable family homes, child-caring institutions, residential facilities, or independent living arrangements with legal custody remaining with the parents or guardians. The local board or public agency and the parents or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.\n\t\t\t\tAny order allowing a local board or public agency to place a child where legal custody remains with the parents or guardians as provided in this section shall be entered only upon a finding by the court that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child; and the order shall so state.5\n\nAfter a finding that there is no less drastic alternative, transfer legal custody, subject to the provisions of § 16.1-281, to any of the following:\n\t\t\t\ta. A person with a legitimate interest subject to the provisions of subsection A1;\n\t\t\t\tb. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such child; however, a court shall not transfer legal custody of an abused or neglected child to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\t\t\t\tc. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the child has residence if other than the county or city in which the court has jurisdiction. The local board shall accept the child for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, the local board may be required to accept a child for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this section shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.\n\t\t\t\tAny order authorizing removal from the home and transferring legal custody of a child to a local board of social services as provided in this section shall be entered only upon a finding by the court 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; and the order shall so state.\n\t\t\t\tA finding by the court that reasonable efforts were made to prevent removal of the child from his home shall not be required if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”6\n\nTransfer legal custody pursuant to subdivision 5 of this section and order the parent to participate in such services and programs or to refrain from such conduct as the court may prescribe; or7\n\nTerminate the rights of the parent pursuant to § 16.1-283.A1\n\nAny order transferring custody of the child to a person with a legitimate interest pursuant to subdivision A 5 a shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who, after an investigation as directed by the court, (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; (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 or 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.B\n\nIf the child has been placed in foster care, at the dispositional hearing the court shall review the foster care plan for the child filed in accordance with § 16.1-281 by the local department of social services, a public agency designated by the community policy and management team which places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardians, or child welfare agency.C\n\nAny preliminary protective orders entered on behalf of the child shall be reviewed at the dispositional hearing and may be incorporated, as appropriate, in the dispositional order.D\n\nA dispositional order entered pursuant to this section is a final order from which an appeal may be taken in accordance with § 16.1-296.","order_by":null,"text":{"0":{"id":219620,"text":"Within 60 days of a preliminary removal order hearing held pursuant to \u00a7 16.1-252 or a hearing on a preliminary protective order held pursuant to \u00a7 16.1-253, a dispositional hearing shall be held if the court found abuse or neglect and (i) removed the child from his home or (ii) entered a preliminary protective order. Notice of the dispositional hearing shall be provided to the child’s parent, guardian, legal custodian, or other person standing in loco parentis in accordance with \u00a7 16.1-263. The hearing shall be held and a dispositional 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. Notice shall also be provided to the local department of social services, the guardian ad litem and, if appointed, the court-appointed special advocate.\n\t\t\tIf a child is found to be (a) abused or neglected; (b) at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care; or (c) abandoned by his parent or other custodian, or without parental care and guardianship because of his parent’s absence or physical or mental incapacity, the juvenile court or the circuit court may make any of the following orders of disposition to protect the welfare of the child:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":219621,"text":"Enter an order pursuant to the provisions of § 16.1-278;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":219622,"text":"Permit the child to remain with his parent, subject to such conditions and limitations as the court may order with respect to such child and his parent or other adult occupant of the same dwelling;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":219623,"text":"Prohibit or limit contact as the court deems appropriate between the child and his parent or other adult occupant of the same dwelling whose presence tends to endanger the child’s life, health or normal development. The prohibition may exclude any such individual from the home under such conditions as the court may prescribe for a period to be determined by the court but in no event for longer than 180 days from the date of such determination. A hearing shall be held within 150 days to determine further disposition of the matter that may include limiting or prohibiting contact for another 180 days;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":219624,"text":"Permit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of § 16.1-281, in suitable family homes, child-caring institutions, residential facilities, or independent living arrangements with legal custody remaining with the parents or guardians. The local board or public agency and the parents or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.\n\t\t\t\tAny order allowing a local board or public agency to place a child where legal custody remains with the parents or guardians as provided in this section shall be entered only upon a finding by the court that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child; and the order shall so state.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":219625,"text":"After a finding that there is no less drastic alternative, transfer legal custody, subject to the provisions of § 16.1-281, to any of the following:\n\t\t\t\ta. A person with a legitimate interest subject to the provisions of subsection A1;\n\t\t\t\tb. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such child; however, a court shall not transfer legal custody of an abused or neglected child to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\t\t\t\tc. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the child has residence if other than the county or city in which the court has jurisdiction. The local board shall accept the child for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, the local board may be required to accept a child for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this section shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.\n\t\t\t\tAny order authorizing removal from the home and transferring legal custody of a child to a local board of social services as provided in this section shall be entered only upon a finding by the court 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; and the order shall so state.\n\t\t\t\tA finding by the court that reasonable efforts were made to prevent removal of the child from his home shall not be required if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":219626,"text":"Transfer legal custody pursuant to subdivision 5 of this section and order the parent to participate in such services and programs or to refrain from such conduct as the court may prescribe; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":219627,"text":"Terminate the rights of the parent pursuant to § 16.1-283.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A1"},"8":{"id":219628,"text":"Any order transferring custody of the child to a person with a legitimate interest pursuant to subdivision A 5 a shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who, after an investigation as directed by the court, (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; (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 or 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":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":219629,"text":"If the child has been placed in foster care, at the dispositional hearing the court shall review the foster care plan for the child filed in accordance with § 16.1-281 by the local department of social services, a public agency designated by the community policy and management team which places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardians, or child welfare agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"10":{"id":219630,"text":"Any preliminary protective orders entered on behalf of the child shall be reviewed at the dispositional hearing and may be incorporated, as appropriate, in the dispositional order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":219631,"text":"A dispositional order entered pursuant to this section is a final order from which an appeal may be taken in accordance with § 16.1-296.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","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":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; petitions for treatment, etc","url":"\/16.1-278.13\/","token":"16.1\/11\/9\/16.1-278.13","metadata":false},{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},{"id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","metadata":false},{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},{"id":63607,"structure_id":13006,"section_number":"16.1-278.17","catch_line":"Pendente lite support","url":"\/16.1-278.17\/","token":"16.1\/11\/9\/16.1-278.17","metadata":false},{"id":83584,"structure_id":13006,"section_number":"16.1-278.17:1","catch_line":"Formula for determination of pendente lite spousal support","url":"\/16.1-278.17_1\/","token":"16.1\/11\/9\/16.1-278.17_1","metadata":false},{"id":59856,"structure_id":13006,"section_number":"16.1-278.18","catch_line":"Money judgments","url":"\/16.1-278.18\/","token":"16.1\/11\/9\/16.1-278.18","metadata":false},{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},{"id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","metadata":false},{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},{"id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","metadata":false},{"id":62708,"structure_id":13006,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","url":"\/16.1-278.5\/","token":"16.1\/11\/9\/16.1-278.5","metadata":false},{"id":74489,"structure_id":13006,"section_number":"16.1-278.6","catch_line":"Status offenders","url":"\/16.1-278.6\/","token":"16.1\/11\/9\/16.1-278.6","metadata":false},{"id":80876,"structure_id":13006,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","url":"\/16.1-278.7\/","token":"16.1\/11\/9\/16.1-278.7","metadata":false},{"id":54722,"structure_id":13006,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","url":"\/16.1-278.7_01\/","token":"16.1\/11\/9\/16.1-278.7_01","metadata":false},{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},{"id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","metadata":false},{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},{"id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","metadata":false},{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},{"id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","metadata":false},{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},{"id":58560,"structure_id":13006,"section_number":"16.1-281","catch_line":"Foster care plan","url":"\/16.1-281\/","token":"16.1\/11\/9\/16.1-281","metadata":false},{"id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","metadata":false},{"id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","metadata":false},{"id":56299,"structure_id":13006,"section_number":"16.1-282.2","catch_line":"Annual foster care review","url":"\/16.1-282.2\/","token":"16.1\/11\/9\/16.1-282.2","metadata":false},{"id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","metadata":false},{"id":74001,"structure_id":13006,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","url":"\/16.1-283.1\/","token":"16.1\/11\/9\/16.1-283.1","metadata":false},{"id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","metadata":false},{"id":55428,"structure_id":13006,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","url":"\/16.1-283.3\/","token":"16.1\/11\/9\/16.1-283.3","metadata":false},{"id":61757,"structure_id":13006,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","url":"\/16.1-284\/","token":"16.1\/11\/9\/16.1-284","metadata":false},{"id":54157,"structure_id":13006,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","url":"\/16.1-284.1\/","token":"16.1\/11\/9\/16.1-284.1","metadata":false},{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},{"id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","metadata":false},{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},{"id":84274,"structure_id":13006,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},"next_section":{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.2\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 534 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1994, chapter 865<\/a>; in 1997, chapter 790<\/a>; in 2000, chapter 385<\/a>; in 2002, chapter 747<\/a>; in 2013, chapter 130<\/a>; in 2017, chapter 190<\/a>; in 2019, chapter 434<\/a>; in 2022, chapter 305<\/a>.<\/p>","references":[{"id":69856,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","order_by":null,"url":"\/16.1-241.3\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"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":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":81073,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","order_by":null,"url":"\/16.1-278.11\/"},{"id":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"id":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":62047,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","order_by":null,"url":"\/16.1-291\/"},{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":54404,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","order_by":null,"url":"\/16.1-298\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":72509,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","order_by":null,"url":"\/18.2-308.1_4\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":77214,"section_number":"63.2-1209","catch_line":"Entry of interlocutory order","order_by":null,"url":"\/63.2-1209\/"},{"id":87185,"section_number":"63.2-1535","catch_line":"Termination of the parental child safety placement agreement and the alternative living arrangement","order_by":null,"url":"\/63.2-1535\/"},{"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\/"},{"id":63433,"section_number":"63.2-910","catch_line":"Child support for child placed in foster care where legal custody remains with parent or guardian","order_by":null,"url":"\/63.2-910\/"}],"refers_to":[{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"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":61839,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","order_by":null,"url":"\/16.1-278\/"},{"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":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"}],"permalink":{"id":161835,"object_type":"law","relational_id":59979,"identifier":"16.1-278.2","token":"16.1\/11\/9\/16.1-278.2","url":"\/16.1-278.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","dublin_core":{"Title":"Abused, neglected, or abandoned children or children without parental care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within 60 days of a preliminary removal order<\/span> hearing<\/span> held pursuant to \u00a7 16.1-252<\/a> or a hearing<\/span> on a preliminary protective order<\/span> held pursuant to \u00a7 16.1-253<\/a>, a dispositional hearing<\/span> shall be held if the court<\/span> found abuse or neglect and (i) removed the child from his home or (ii) entered a preliminary protective order<\/span>. Notice of the dispositional hearing<\/span> shall be provided to the child’s parent<\/span>, guardian, legal custodian, or other person standing in loco parentis in accordance with \u00a7 16.1-263<\/a>. The hearing<\/span> shall be held and a dispositional order<\/span> may be entered, although a parent<\/span>, 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. Notice shall also be provided to the local department<\/span> of social services, the guardian ad litem<\/span> and, if appointed, the court<\/span>-appointed special advocate.\n\t\t\tIf a child is found to be (a) abused or neglected; (b) at risk of being abused or neglected by a parent<\/span> or custodian who has been adjudicated as having abused or neglected another child in his care; or (c) abandoned by his parent<\/span> or other custodian, or without parental care and guardianship because of his parent<\/span>’s absence or physical or mental incapacity<\/span>, the juvenile court<\/span> or the circuit<\/span> court may make any of the following orders<\/span> of disposition<\/span> to protect the welfare of the child: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enter an order<\/span> pursuant to the provisions of § 16.1-278<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit the child to remain with his parent<\/span>, subject to such conditions and limitations as the court<\/span> may order<\/span> with respect to such child and his parent<\/span> or other adult<\/span> occupant of the same dwelling; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Prohibit or limit contact as the court<\/span> deems appropriate between the child and his parent<\/span> or other adult<\/span> occupant of the same dwelling whose presence tends to endanger the child’s life, health or normal development. The prohibition may exclude any such individual from the home under such conditions as the court<\/span> may prescribe for a period to be determined by the court<\/span> but in no event for longer than 180 days from the date of such determination. A hearing<\/span> shall be held within 150 days to determine further disposition<\/span> of the matter that may include limiting or prohibiting contact for another 180 days; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Permit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of § 16.1-281<\/a>, in suitable family homes, child-caring institutions, residential facilities, or independent living arrangements<\/span> with legal custody<\/span> remaining with the parents<\/span> or guardians. The local board or public agency and the parents<\/span> or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court<\/span> to review the child’s status in foster care in accordance with subsection G of § 16.1-281<\/a> or to review the foster care plan through a petition<\/span> filed pursuant to subsection A of § 16.1-282<\/a>.\n\t\t\t\tAny order<\/span> allowing a local board or public agency to place a child where legal custody<\/span> remains with the parents<\/span> or guardians as provided in this section shall be entered only upon a finding<\/span> by the court<\/span> that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child; and the order<\/span> shall so state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> After a finding<\/span> that there is no less drastic alternative, transfer legal custody<\/span>, subject to the provisions of § 16.1-281<\/a>, to any of the following:\n\t\t\t\ta. A person with a legitimate interest subject to the provisions of subsection A1;\n\t\t\t\tb. A child welfare agency<\/span>, private organization or facility that is licensed or otherwise authorized by law<\/span> to receive and provide care for such child; however, a court shall not transfer legal custody<\/span> of an abused or neglected child<\/span> to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\t\t\t\tc. The local board of social services of the county or city in which the court<\/span> has jurisdiction<\/span> or, at the discretion of the court<\/span>, to the local board of the county or city in which the child has residence if other than the county or city in which the court<\/span> has jurisdiction<\/span>. The local board shall accept the child for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court<\/span> has jurisdiction<\/span>, the local board may be required to accept a child for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge<\/span> entering the placement order<\/span> describes the emergency and the need for such temporary placement in the order<\/span>. Nothing in this section shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court<\/span> to review the child’s status in foster care in accordance with subsection G of § 16.1-281<\/a> or to review the foster care plan through a petition<\/span> filed pursuant to subsection A of § 16.1-282<\/a>.\n\t\t\t\tAny order<\/span> authorizing removal from the home and transferring legal custody<\/span> of a child to a local board of social services as provided in this section shall be entered only upon a finding<\/span> by the court<\/span> 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; and the order<\/span> shall so state.\n\t\t\t\tA finding<\/span> by the court<\/span> that reasonable efforts were made to prevent removal of the child from his home shall not be required if the court<\/span> finds that (i) the residual parental rights of the parent<\/span> regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent<\/span> has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes murder<\/span> or voluntary manslaughter<\/span>, or a felony<\/span> attempt, conspiracy, or solicitation to commit any such offense<\/span>, if the victim of the offense<\/span> was a child of the parent<\/span>, a child with whom the parent<\/span> resided at the time such offense<\/span> occurred, or the other parent<\/span> of the child; (iii) the parent<\/span> has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes felony<\/span> assault<\/span> resulting in serious bodily injury<\/span> or felony<\/span> bodily wounding resulting in serious bodily injury<\/span> or felony<\/span> sexual assault<\/span>, if the victim of the offense<\/span> was a child of the parent<\/span> or a child with whom the parent<\/span> resided at the time of such offense<\/span>; or (iv) on the basis of clear and convincing evidence<\/span>, the parent<\/span> has subjected any child to aggravated circumstances<\/span>, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283<\/a>.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances<\/span>” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent<\/span> or child with whom the parent<\/span> resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury<\/span> to such a child.\n\t\t\t\t“Chronic abuse<\/span>” or “chronic sexual abuse<\/span>” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury<\/span>” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Transfer legal custody<\/span> pursuant to subdivision 5 of this section and order<\/span> the parent<\/span> to participate in such services and programs or to refrain from such conduct as the court<\/span> may prescribe; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Terminate the rights of the parent<\/span> pursuant to § 16.1-283<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Any order<\/span> transferring custody of the child to a person with a legitimate interest pursuant to subdivision A 5 a shall be entered only upon a finding<\/span>, based upon a preponderance of the evidence<\/span>, that such person is one who, after an investigation as directed by the court<\/span>, (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; (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<\/span> shall so state. The court<\/span>’s order<\/span> transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms or 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

B.<\/span> If the child has been placed in foster care, at the dispositional hearing<\/span> the court<\/span> shall review the foster care plan for the child filed in accordance with § 16.1-281<\/a> by the local department<\/span> of social services, a public agency designated by the community policy and management team which places a child through an agreement with the parents<\/span> or guardians where legal custody<\/span> remains with the parents<\/span> or guardians, or child welfare agency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any preliminary protective orders<\/span> entered on behalf of the child shall be reviewed at the dispositional hearing<\/span> and may be incorporated, as appropriate, in the dispositional order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A dispositional order entered pursuant to this section is a final order<\/span> from which an appeal<\/span> may be taken in accordance with § 16.1-296<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABUSED, NEGLECTED, OR ABANDONED CHILDREN OR CHILDREN WITHOUT PARENTAL CARE (\u00a7\n16.1-278.2)\n\nA. Within 60 days of a preliminary removal order hearing held pursuant to \u00a7\n16.1-252 or a hearing on a preliminary protective order held pursuant to \u00a7\n16.1-253, a dispositional hearing shall be held if the court found abuse or\nneglect and (i) removed the child from his home or (ii) entered a preliminary\nprotective order. Notice of the dispositional hearing shall be provided to the\nchild’s parent, guardian, legal custodian, or other person standing in\nloco parentis in accordance with \u00a7 16.1-263. The hearing shall be held and a\ndispositional order may be entered, although a parent, guardian, legal\ncustodian, or person standing in loco parentis fails to appear and is not\nrepresented by counsel, provided personal or substituted service was made on the\nperson, or the court determines that such person cannot be found, after\nreasonable effort, or in the case of a person who is without the Commonwealth,\nthe person cannot be found or his post office address cannot be ascertained\nafter reasonable effort. Notice shall also be provided to the local department\nof social services, the guardian ad litem and, if appointed, the court-appointed\nspecial advocate.\n\t\t\tIf a child is found to be (a) abused or neglected; (b) at risk of being\nabused or neglected by a parent or custodian who has been adjudicated as having\nabused or neglected another child in his care; or (c) abandoned by his parent or\nother custodian, or without parental care and guardianship because of his\nparent’s absence or physical or mental incapacity, the juvenile court or\nthe circuit court may make any of the following orders of disposition to protect\nthe welfare of the child:\n\n 1. Enter an order pursuant to the provisions of § 16.1-278;\n\n 2. Permit the child to remain with his parent, subject to such conditions and\n limitations as the court may order with respect to such child and his parent\n or other adult occupant of the same dwelling;\n\n 3. Prohibit or limit contact as the court deems appropriate between the child\n and his parent or other adult occupant of the same dwelling whose presence\n tends to endanger the child’s life, health or normal development. The\n prohibition may exclude any such individual from the home under such\n conditions as the court may prescribe for a period to be determined by the\n court but in no event for longer than 180 days from the date of such\n determination. A hearing shall be held within 150 days to determine further\n disposition of the matter that may include limiting or prohibiting contact for\n another 180 days;\n\n 4. Permit the local board of social services or a public agency designated by\n the community policy and management team to place the child, subject to the\n provisions of § 16.1-281, in suitable family homes, child-caring\n institutions, residential facilities, or independent living arrangements with\n legal custody remaining with the parents or guardians. The local board or\n public agency and the parents or guardians shall enter into an agreement which\n shall specify the responsibilities of each for the care and control of the\n child. The board or public agency that places the child shall have the final\n authority to determine the appropriate placement for the child. Nothing herein\n shall limit the authority of the court to review the child’s status in\n foster care in accordance with subsection G of § 16.1-281 or to review\n the foster care plan through a petition filed pursuant to subsection A of\n § 16.1-282.\n \t\t\t\tAny order allowing a local board or public agency to place a child where\n legal custody remains with the parents or guardians as provided in this\n section shall be entered only upon a finding by the court that reasonable\n efforts have been made to prevent placement out of the home and that continued\n placement in the home would be contrary to the welfare of the child; and the\n order shall so state.\n\n 5. After a finding that there is no less drastic alternative, transfer legal\n custody, subject to the provisions of § 16.1-281, to any of the\n following:\n \t\t\t\ta. A person with a legitimate interest subject to the provisions of\n subsection A1;\n \t\t\t\tb. A child welfare agency, private organization or facility that is\n licensed or otherwise authorized by law to receive and provide care for such\n child; however, a court shall not transfer legal custody of an abused or\n neglected child to an agency, organization or facility out of the Commonwealth\n without the approval of the Commissioner of Social Services; or\n \t\t\t\tc. The local board of social services of the county or city in which the\n court has jurisdiction or, at the discretion of the court, to the local board\n of the county or city in which the child has residence if other than the\n county or city in which the court has jurisdiction. The local board shall\n accept the child for care and custody, provided that it has been given\n reasonable notice of the pendency of the case and an opportunity to be heard.\n However, in an emergency in the county or city in which the court has\n jurisdiction, the local board may be required to accept a child for a period\n not to exceed 14 days without prior notice or an opportunity to be heard if\n the judge entering the placement order describes the emergency and the need\n for such temporary placement in the order. Nothing in this section shall\n prohibit the commitment of a child to any local board of social services in\n the Commonwealth when the local board consents to the commitment. The board to\n which the child is committed shall have the final authority to determine the\n appropriate placement for the child. Nothing herein shall limit the authority\n of the court to review the child’s status in foster care in accordance\n with subsection G of § 16.1-281 or to review the foster care plan through\n a petition filed pursuant to subsection A of § 16.1-282.\n \t\t\t\tAny order authorizing removal from the home and transferring legal custody\n of a child to a local board of social services as provided in this section\n shall be entered only upon a finding by the court that reasonable efforts have\n been made to prevent removal and that continued placement in the home would be\n contrary to the welfare of the child; and the order shall so state.\n \t\t\t\tA finding by the court that reasonable efforts were made to prevent\n removal of the child from his home shall not be required if the court finds\n that (i) the residual parental rights of the parent regarding a sibling of the\n child have previously been involuntarily terminated; (ii) the parent has been\n convicted of an offense under the laws of the Commonwealth or a substantially\n similar law of any other state, the United States, or any foreign jurisdiction\n that constitutes murder or voluntary manslaughter, or a felony attempt,\n conspiracy, or solicitation to commit any such offense, if the victim of the\n offense was a child of the parent, a child with whom the parent resided at the\n time such offense occurred, or the other parent of the child; (iii) the parent\n has been convicted of an offense under the laws of the Commonwealth or a\n substantially similar law of any other state, the United States, or any\n foreign jurisdiction that constitutes felony assault resulting in serious\n bodily injury or felony bodily wounding resulting in serious bodily injury or\n felony sexual assault, if the victim of the offense was a child of the parent\n or a child with whom the parent resided at the time of such offense; or (iv)\n on the basis of clear and convincing evidence, the parent has subjected any\n child to aggravated circumstances, or abandoned a child under circumstances\n that would justify the termination of residual parental rights pursuant to\n subsection D of § 16.1-283.\n \t\t\t\tAs used in this section:\n \t\t\t\t“Aggravated circumstances” means torture, chronic or severe\n abuse, or chronic or severe sexual abuse, if the victim of such conduct was a\n child of the parent or child with whom the parent resided at the time such\n conduct occurred, including the failure to protect such a child from such\n conduct, which conduct or failure to protect (i) evinces a wanton or depraved\n indifference to human life or (ii) has resulted in the death of such a child\n or in serious bodily injury to such a child.\n \t\t\t\t“Chronic abuse” or “chronic sexual abuse” means\n recurring acts of physical abuse that place the child’s health, safety\n and well-being at risk.\n \t\t\t\t“Serious bodily injury” means bodily injury that involves\n substantial risk of death, extreme physical pain, protracted and obvious\n disfigurement, or protracted loss or impairment of the function of a bodily\n member, organ or mental faculty.\n \t\t\t\t“Severe abuse” or “severe sexual abuse” may\n include an act or omission that occurred only once but otherwise meets the\n definition of “aggravated circumstances.”\n\n 6. Transfer legal custody pursuant to subdivision 5 of this section and order\n the parent to participate in such services and programs or to refrain from\n such conduct as the court may prescribe; or\n\n 7. Terminate the rights of the parent pursuant to § 16.1-283.\n\nA1. Any order transferring custody of the child to a person with a legitimate\ninterest pursuant to subdivision A 5 a shall be entered only upon a finding,\nbased upon a preponderance of the evidence, that such person is one who, after\nan investigation as directed by the court, (i) is found by the court to be\nwilling and qualified to receive and care for the child; (ii) is willing to have\na positive, continuous relationship with the child; (iii) is committed to\nproviding a permanent, suitable home for the child; and (iv) is willing and has\nthe ability to protect the child from abuse and neglect; and the order shall so\nstate. The court’s order transferring custody to a person with a\nlegitimate interest should further provide for, as appropriate, any terms or\nconditions which would promote the child’s interest and welfare; ongoing\nprovision of social services to the child and the child’s custodian; and\ncourt review of the child’s placement.\n\nB. If the child has been placed in foster care, at the dispositional hearing the\ncourt shall review the foster care plan for the child filed in accordance with\n§ 16.1-281 by the local department of social services, a public agency\ndesignated by the community policy and management team which places a child\nthrough an agreement with the parents or guardians where legal custody remains\nwith the parents or guardians, or child welfare agency.\n\nC. Any preliminary protective orders entered on behalf of the child shall be\nreviewed at the dispositional hearing and may be incorporated, as appropriate,\nin the dispositional order.\n\nD. A dispositional order entered pursuant to this section is a final order from\nwhich an appeal may be taken in accordance with § 16.1-296.\n\nHISTORY: 1991, c. 534; 1994, c. 865; 1997, c. 790; 2000, c. 385; 2002, c. 747;\n2013, c. 130; 2017, c. 190; 2019, c. 434; 2022, c. 305.","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}}