{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.3.html"}],"law_id":54079,"edition_id":1,"section_id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","history":"1991, c. 534; 1999, c. 889; 2000, c. 385; 2009, cc. 98, 260; 2010, c. 331; 2013, c. 130; 2019, c. 434.","full_text":"A\n\nWithin 60 days of a hearing on a petition for relief of the care and custody of any child pursuant to § 16.1-277.02 at which the court found (i) good cause for the petitioner’s desire to be relieved of a child’s care and custody or (ii) that permanent relief of custody and termination of residual parental rights is in the best interest of the child, a dispositional hearing shall be held, if a final order disposing of the matter was not entered at the conclusion of the hearing on the petition held pursuant to § 16.1-277.02.B\n\nNotice of the dispositional hearing shall be provided to the local department of social services, the guardian ad litem for the child, the child if he is at least 12 years of age, and the child’s parents, custodian or other person standing in loco parentis. However, if a parent’s residual parental rights were terminated at the hearing on the petition held pursuant to § 16.1-277.02, no such notice of the hearing pursuant to this section shall be provided to the parent. 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 the 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.C\n\nThe court may make any of the orders of disposition permitted in a case involving an abused or neglected child pursuant to § 16.1-278.2. Any such order transferring legal custody of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2 and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody of the child to a local board of social services. 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. 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 by the local board of social services or child welfare agency in accordance with § 16.1-281.D\n\nIf the parent or other custodian seeks to be relieved permanently of the care and custody of any child and the court finds by clear and convincing evidence that termination of the parent’s parental rights is in the best interest of the child, the court may terminate the parental rights of that parent. If the remaining parent has not petitioned for permanent relief of the care and custody of the child, the remaining parent’s parental rights may be terminated in accordance with the provisions of § 16.1-283. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. Proceedings under this section shall be advanced on the docket so as to provide for their earliest practicable disposition. 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.D1\n\nAny order transferring custody of the child to a person with a legitimate interest pursuant to subsection C or D 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.E\n\nThe local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.F\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":198526,"text":"Within 60 days of a hearing on a petition for relief of the care and custody of any child pursuant to § 16.1-277.02 at which the court found (i) good cause for the petitioner’s desire to be relieved of a child’s care and custody or (ii) that permanent relief of custody and termination of residual parental rights is in the best interest of the child, a dispositional hearing shall be held, if a final order disposing of the matter was not entered at the conclusion of the hearing on the petition held pursuant to § 16.1-277.02.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198527,"text":"Notice of the dispositional hearing shall be provided to the local department of social services, the guardian ad litem for the child, the child if he is at least 12 years of age, and the child’s parents, custodian or other person standing in loco parentis. However, if a parent’s residual parental rights were terminated at the hearing on the petition held pursuant to § 16.1-277.02, no such notice of the hearing pursuant to this section shall be provided to the parent. 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 the 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198528,"text":"The court may make any of the orders of disposition permitted in a case involving an abused or neglected child pursuant to § 16.1-278.2. Any such order transferring legal custody of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2 and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody of the child to a local board of social services. 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. 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 by the local board of social services or child welfare agency in accordance with § 16.1-281.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198529,"text":"If the parent or other custodian seeks to be relieved permanently of the care and custody of any child and the court finds by clear and convincing evidence that termination of the parent’s parental rights is in the best interest of the child, the court may terminate the parental rights of that parent. If the remaining parent has not petitioned for permanent relief of the care and custody of the child, the remaining parent’s parental rights may be terminated in accordance with the provisions of § 16.1-283. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. Proceedings under this section shall be advanced on the docket so as to provide for their earliest practicable disposition. 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":198530,"text":"Any order transferring custody of the child to a person with a legitimate interest pursuant to subsection C or D 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":["D1"],"prefix":"D1","entire_prefix":"D1","prefix_anchor":"D1","level":1,"prior_prefix":"D","next_prefix":"E"},"5":{"id":198531,"text":"The local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D1","next_prefix":"F"},"6":{"id":198532,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.3\/","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 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 1999, chapter 889<\/a>; 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>.<\/p>","references":[{"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":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":54135,"section_number":"37.2-714","catch_line":"Children born in state facilities","order_by":null,"url":"\/37.2-714\/"},{"id":77214,"section_number":"63.2-1209","catch_line":"Entry of interlocutory order","order_by":null,"url":"\/63.2-1209\/"},{"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":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"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":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"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\/"}],"permalink":{"id":161839,"object_type":"law","relational_id":54079,"identifier":"16.1-278.3","token":"16.1\/11\/9\/16.1-278.3","url":"\/16.1-278.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","dublin_core":{"Title":"Relief of care and custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within 60 days of a hearing<\/span> on a petition<\/span> for relief of the care and custody<\/span> of any child pursuant to § 16.1-277.02<\/a> at which the court<\/span> found (i) good cause for the petitioner’s desire to be relieved of a child’s care and custody<\/span> or (ii) that permanent relief of custody<\/span> and termination of residual parental rights is in the best interest of the child, a dispositional hearing<\/span> shall be held, if a final order<\/span> disposing of the matter was not entered at the conclusion of the hearing<\/span> on the petition<\/span> held pursuant to § 16.1-277.02<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notice of the dispositional hearing<\/span> shall be provided to the local department<\/span> of social services, the guardian ad litem<\/span> for the child, the child if he is at least 12 years of age, and the child’s parents<\/span>, custodian or other person standing in loco parentis. However, if a parent<\/span>’s residual parental rights were terminated at the hearing<\/span> on the petition<\/span> held pursuant to § 16.1-277.02<\/a>, no such notice of the hearing<\/span> pursuant to this section shall be provided to the parent<\/span>. The hearing<\/span> shall be held and a dispositional order 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 the 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<\/span>’s residual parental rights, notice to the parent<\/span> whose rights may be affected shall be provided in accordance with the provisions of §§ 16.1-263<\/a> and 16.1-264<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> may make any of the orders<\/span> of disposition<\/span> permitted in a case involving an abused or neglected child<\/span> pursuant to § 16.1-278.2<\/a>. Any such order transferring legal custody<\/span> of the child shall be made in accordance with the provisions of subdivision A 5 of § 16.1-278.2<\/a> and shall be subject to the provisions of subsection D1. This order shall include, but need not be limited to, the following findings<\/span>: (i) that there is no less drastic alternative to granting the requested relief; and (ii) that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, if the order transfers legal custody<\/span> of the child to a local board of social services. 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. 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 by the local board of social services or child welfare agency<\/span> in accordance with § 16.1-281<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the parent<\/span> or other custodian seeks to be relieved permanently of the care and custody of any child and the court<\/span> finds by clear and convincing evidence<\/span> that termination of the parent<\/span>’s parental rights is in the best interest of the child, the court<\/span> may terminate the parental rights of that parent<\/span>. If the remaining parent<\/span> has not petitioned for permanent relief of the care and custody of the child, the remaining parent<\/span>’s parental rights may be terminated in accordance with the provisions of § 16.1-283<\/a>. Any order terminating parental rights shall be accompanied by an order (i) continuing or granting custody to a local board of social services or to a licensed child-placing agency or (ii) granting custody or guardianship to a person with a legitimate interest. Such an order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto. Proceedings under this section shall be advanced on the docket<\/span> so as to provide for their earliest practicable disposition<\/span>. At any time subsequent to the transfer of legal custody<\/span> of the child pursuant to this section, a birth parent<\/span> or parents<\/span> of the child and the pre-adoptive parent<\/span> or parents<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D1.<\/span> Any order transferring custody of the child to a person with a legitimate interest pursuant to subsection C or D 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 shall so state. The court<\/span>’s order transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms 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

E.<\/span> The local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered pursuant to this section shall file a written Adoption Progress Report with the juvenile court<\/span> on the progress being made to place the child in an adoptive home<\/span>. The report shall be filed with the court<\/span> every six months from the date of the final order<\/span> terminating parental rights until a final order<\/span> of adoption is entered on behalf of the child in the circuit<\/span> court. At the conclusion of the hearing<\/span> at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court<\/span> shall schedule a date by which the board or agency shall file the first Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court<\/span> to the guardian ad litem<\/span> for the child. The court<\/span> may schedule a hearing<\/span> on the report with or without the request of a party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/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\nRELIEF OF CARE AND CUSTODY (\u00a7 16.1-278.3)\n\nA. Within 60 days of a hearing on a petition for relief of the care and custody\nof any child pursuant to § 16.1-277.02 at which the court found (i) good\ncause for the petitioner’s desire to be relieved of a child’s care\nand custody or (ii) that permanent relief of custody and termination of residual\nparental rights is in the best interest of the child, a dispositional hearing\nshall be held, if a final order disposing of the matter was not entered at the\nconclusion of the hearing on the petition held pursuant to § 16.1-277.02.\n\nB. Notice of the dispositional hearing shall be provided to the local department\nof social services, the guardian ad litem for the child, the child if he is at\nleast 12 years of age, and the child’s parents, custodian or other person\nstanding in loco parentis. However, if a parent’s residual parental rights\nwere terminated at the hearing on the petition held pursuant to §\n16.1-277.02, no such notice of the hearing pursuant to this section shall be\nprovided to the parent. The hearing shall be held and a dispositional order may\nbe entered, although a parent, guardian, legal custodian or person standing in\nloco parentis fails to appear and is not represented by counsel, provided\npersonal or substituted service was made on the person, or the court determines\nthat the person cannot be found, after reasonable effort, or in the case of a\nperson who is without the Commonwealth, the person cannot be found or his post\noffice address cannot be ascertained after reasonable effort. However, in the\ncase of a hearing to grant a petition for permanent relief of custody and\nterminate a parent’s residual parental rights, notice to the parent whose\nrights may be affected shall be provided in accordance with the provisions of\n§§ 16.1-263 and 16.1-264.\n\nC. The court may make any of the orders of disposition permitted in a case\ninvolving an abused or neglected child pursuant to § 16.1-278.2. Any such\norder transferring legal custody of the child shall be made in accordance with\nthe provisions of subdivision A 5 of § 16.1-278.2 and shall be subject to\nthe provisions of subsection D1. This order shall include, but need not be\nlimited to, the following findings: (i) that there is no less drastic\nalternative to granting the requested relief; and (ii) that reasonable efforts\nhave been made to prevent removal and that continued placement in the home would\nbe contrary to the welfare of the child, if the order transfers legal custody of\nthe child to a local board of social services. Any preliminary protective orders\nentered on behalf of the child shall be reviewed at the dispositional hearing\nand may be incorporated, as appropriate, in the dispositional order. If the\nchild has been placed in foster care, at the dispositional hearing the court\nshall review the foster care plan for the child filed by the local board of\nsocial services or child welfare agency in accordance with § 16.1-281.\n\nD. If the parent or other custodian seeks to be relieved permanently of the care\nand custody of any child and the court finds by clear and convincing evidence\nthat termination of the parent’s parental rights is in the best interest\nof the child, the court may terminate the parental rights of that parent. If the\nremaining parent has not petitioned for permanent relief of the care and custody\nof the child, the remaining parent’s parental rights may be terminated in\naccordance with the provisions of § 16.1-283. Any order terminating\nparental rights shall be accompanied by an order (i) continuing or granting\ncustody to a local board of social services or to a licensed child-placing\nagency or (ii) granting custody or guardianship to a person with a legitimate\ninterest. Such an order continuing or granting custody to a local board of\nsocial services or to a licensed child-placing agency shall indicate whether\nthat board or agency shall have the authority to place the child for adoption\nand consent thereto. Proceedings under this section shall be advanced on the\ndocket so as to provide for their earliest practicable disposition. At any time\nsubsequent to the transfer of legal custody of the child pursuant to this\nsection, a birth parent or parents of the child and the pre-adoptive parent or\nparents may enter into a written post-adoption contact and communication\nagreement in accordance with the provisions of § 16.1-283.1 and Article 1.1\n(§ 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2. The court shall not\nrequire a written post-adoption contact and communication agreement as a\nprecondition to entry of an order in any case involving the child.\n\nD1. Any order transferring custody of the child to a person with a legitimate\ninterest pursuant to subsection C or D 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\nE. The local board or licensed child-placing agency to which authority is given\nto place the child for adoption and consent thereto after an order terminating\nparental rights is entered pursuant to this section shall file a written\nAdoption Progress Report with the juvenile court on the progress being made to\nplace the child in an adoptive home. The report shall be filed with the court\nevery six months from the date of the final order terminating parental rights\nuntil a final order of adoption is entered on behalf of the child in the circuit\ncourt. At the conclusion of the hearing at which termination of parental rights\nis ordered and authority is given to the local board or licensed child-placing\nagency to place the child for adoption, the juvenile court shall schedule a date\nby which the board or agency shall file the first Adoption Progress Report\nrequired by this section. A copy of the Adoption Progress Report shall be sent\nby the court to the guardian ad litem for the child. The court may schedule a\nhearing on the report with or without the request of a party.\n\nF. 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; 1999, c. 889; 2000, c. 385; 2009, cc. 98, 260; 2010, c.\n331; 2013, c. 130; 2019, c. 434.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}