{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.4.html"}],"law_id":86609,"edition_id":1,"section_id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","history":"1991, c. 534; 1994, c. 865; 1997, c. 463; 1999, cc. 488, 552; 2002, c. 747; 2017, c. 190; 2022, c. 305.","full_text":"If a child is found to be in need of services or a status offender, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child:\n\n1\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.3\n\nOrder the parent with whom the child is living to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the child and his parent.4\n\nBeginning July 1, 1992, in the case of any child fourteen years of age or older, where the court finds that the child is not able to benefit appreciably from further schooling, the court may excuse the child from further compliance with any legal requirement of compulsory school attendance as provided under § 22.1-254 or authorize the child, notwithstanding the provisions of any other law, to be employed in any occupation which is not legally declared hazardous for children under the age of eighteen.5\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\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.6\n\nTransfer legal custody to any of the following:\n\t\t\ta. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the child;\n\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. The court shall not transfer legal custody of a child in need of services to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\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 fourteen 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 subdivision 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\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 subdivision 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\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\tAs used in this section:\n\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“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“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“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”7\n\nRequire the child to participate in a public service project under such conditions as the court prescribes.","order_by":null,"text":{"0":{"id":310198,"text":"If a child is found to be in need of services or a status offender, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":310199,"text":"Enter an order pursuant to the provisions of § 16.1-278.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":310200,"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":310201,"text":"Order the parent with whom the child is living to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the child and his parent.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":310202,"text":"Beginning July 1, 1992, in the case of any child fourteen years of age or older, where the court finds that the child is not able to benefit appreciably from further schooling, the court may excuse the child from further compliance with any legal requirement of compulsory school attendance as provided under § 22.1-254 or authorize the child, notwithstanding the provisions of any other law, to be employed in any occupation which is not legally declared hazardous for children under the age of eighteen.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":310203,"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\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":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":310204,"text":"Transfer legal custody to any of the following:\n\t\t\ta. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the child;\n\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. The court shall not transfer legal custody of a child in need of services to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\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 fourteen 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 subdivision 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\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 subdivision 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\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\tAs used in this section:\n\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“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“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“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":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":310205,"text":"Require the child to participate in a public service project under such conditions as the court prescribes.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.4\/","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 1994, chapter 865<\/a>; in 1997, chapter 463<\/a>; in 1999, chapters 488<\/a> and 552<\/a>; in 2002, chapter 747<\/a>; in 2017, chapter 190<\/a>; in 2022, chapter 305<\/a>.<\/p>","references":[{"id":81894,"section_number":"15.2-926","catch_line":"Prohibiting loitering; frequenting amusements and curfew for minors; penalty","order_by":null,"url":"\/15.2-926\/"},{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":74489,"section_number":"16.1-278.6","catch_line":"Status offenders","order_by":null,"url":"\/16.1-278.6\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":84274,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","order_by":null,"url":"\/16.1-286\/"},{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"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":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"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":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":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":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"}],"permalink":{"id":161843,"object_type":"law","relational_id":86609,"identifier":"16.1-278.4","token":"16.1\/11\/9\/16.1-278.4","url":"\/16.1-278.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","dublin_core":{"Title":"Children in need of services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a child is found to be in need of services or a status offender<\/span>, the juvenile court<\/span> or the circuit<\/span> court may make any of the following orders<\/span> of disposition<\/span> for the supervision, care and rehabilitation of the child:<\/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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Order<\/span> the parent<\/span> with whom the child is living to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court<\/span> may order<\/span> and as are designed for the rehabilitation of the child and his parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Beginning July 1, 1992, in the case of any child fourteen years of age or older, where the court<\/span> finds that the child is not able to benefit appreciably from further schooling, the court<\/span> may excuse the child from further compliance with any legal requirement of compulsory school attendance as provided under § 22.1-254<\/a> or authorize the child, notwithstanding the provisions of any other law<\/span>, to be employed in any occupation which is not legally declared hazardous for children under the age of eighteen. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/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\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

6.<\/span> Transfer legal custody<\/span> to any of the following:\n\t\t\ta. A relative or other individual who, after study, is found by the court<\/span> to be qualified to receive and care for the child;\n\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. The court<\/span> shall not transfer legal custody<\/span> of a child in need of services<\/span> to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or\n\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 fourteen 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 subdivision 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\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 subdivision 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\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\tAs used in this section:\n\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“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“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“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

7.<\/span> Require the child to participate in a public service project<\/span> under such conditions as the court<\/span> prescribes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILDREN IN NEED OF SERVICES (\u00a7 16.1-278.4)\n\nIf a child is found to be in need of services or a status offender, the juvenile\ncourt or the circuit court may make any of the following orders of disposition\nfor the supervision, care and rehabilitation of the child:\n\n1. Enter an order pursuant to the provisions of § 16.1-278.\n\n2. Permit the child to remain with his parent subject to such conditions and\nlimitations as the court may order with respect to such child and his parent.\n\n3. Order the parent with whom the child is living to participate in such\nprograms, cooperate in such treatment or be subject to such conditions and\nlimitations as the court may order and as are designed for the rehabilitation of\nthe child and his parent.\n\n4. Beginning July 1, 1992, in the case of any child fourteen years of age or\nolder, where the court finds that the child is not able to benefit appreciably\nfrom further schooling, the court may excuse the child from further compliance\nwith any legal requirement of compulsory school attendance as provided under\n§ 22.1-254 or authorize the child, notwithstanding the provisions of any\nother law, to be employed in any occupation which is not legally declared\nhazardous for children under the age of eighteen.\n\n5. Permit the local board of social services or a public agency designated by\nthe community policy and management team to place the child, subject to the\nprovisions of § 16.1-281, in suitable family homes, child\ncaring-institutions, residential facilities, or independent living arrangements\nwith legal custody remaining with the parents or guardians. The local board or\npublic agency and the parents or guardians shall enter into an agreement which\nshall specify the responsibilities of each for the care and control of the\nchild. The board or public agency that places the child shall have the final\nauthority to determine the appropriate placement for the child. Nothing herein\nshall limit the authority of the court to review the child’s status in\nfoster care in accordance with subsection G of § 16.1-281 or to review the\nfoster care plan through a petition filed pursuant to subsection A of §\n16.1-282.\n\t\t\tAny order allowing a local board or public agency to place a child where\nlegal custody remains with the parents or guardians as provided in this section\nshall be entered only upon a finding by the court that reasonable efforts have\nbeen made to prevent placement out of the home and that continued placement in\nthe home would be contrary to the welfare of the child, and the order shall so\nstate.\n\n6. Transfer legal custody to any of the following:\n\t\t\ta. A relative or other individual who, after study, is found by the court to\nbe qualified to receive and care for the child;\n\t\t\tb. A child welfare agency, private organization or facility that is licensed\nor otherwise authorized by law to receive and provide care for such child. The\ncourt shall not transfer legal custody of a child in need of services to an\nagency, organization or facility out of the Commonwealth without the approval of\nthe Commissioner of Social Services; or\n\t\t\tc. The local board of social services of the county or city in which the\ncourt has jurisdiction or, at the discretion of the court, to the local board of\nthe county or city in which the child has residence if other than the county or\ncity in which the court has jurisdiction. The local board shall accept the child\nfor care and custody, provided that it has been given reasonable notice of the\npendency of the case and an opportunity to be heard. However, in an emergency in\nthe county or city in which the court has jurisdiction, the local board may be\nrequired to accept a child for a period not to exceed fourteen days without\nprior notice or an opportunity to be heard if the judge entering the placement\norder describes the emergency and the need for such temporary placement in the\norder. Nothing in this subdivision shall prohibit the commitment of a child to\nany local board of social services in the Commonwealth when the local board\nconsents to the commitment. The board to which the child is committed shall have\nthe final authority to determine the appropriate placement for the child.\nNothing herein shall limit the authority of the court to review the\nchild’s status in foster care in accordance with subsection G of §\n16.1-281 or to review the foster care plan through a petition filed pursuant to\nsubsection A of § 16.1-282.\n\t\t\tAny order authorizing removal from the home and transferring legal custody of\na child to a local board of social services as provided in this subdivision\nshall be entered only upon a finding by the court that reasonable efforts have\nbeen made to prevent removal and that continued placement in the home would be\ncontrary to the welfare of the child, and the order shall so state.\n\t\t\tA finding by the court that reasonable efforts were made to prevent removal\nof the child from his home shall not be required if the court finds that (i) the\nresidual parental rights of the parent regarding a sibling of the child have\npreviously been involuntarily terminated; (ii) the parent has been convicted of\nan offense under the laws of the Commonwealth or a substantially similar law of\nany other state, the United States, or any foreign jurisdiction that constitutes\nmurder or voluntary manslaughter, or a felony attempt, conspiracy, or\nsolicitation to commit any such offense, if the victim of the offense was a\nchild of the parent, a child with whom the parent resided at the time such\noffense occurred, or the other parent of the child; (iii) the parent has been\nconvicted of an offense under the laws of the Commonwealth or a substantially\nsimilar law of any other state, the United States, or any foreign jurisdiction\nthat constitutes felony assault resulting in serious bodily injury or felony\nbodily wounding resulting in serious bodily injury or felony sexual assault, if\nthe victim of the offense was a child of the parent or a child with whom the\nparent resided at the time of such offense; or (iv) on the basis of clear and\nconvincing evidence, the parent has subjected any child to aggravated\ncircumstances, or abandoned a child under circumstances that would justify the\ntermination of residual parental rights pursuant to subsection D of §\n16.1-283.\n\t\t\tAs used in this section:\n\t\t\t“Aggravated circumstances” means torture, chronic or severe\nabuse, or chronic or severe sexual abuse, if the victim of such conduct was a\nchild of the parent or child with whom the parent resided at the time such\nconduct occurred, including the failure to protect such a child from such\nconduct, which conduct or failure to protect (i) evinces a wanton or depraved\nindifference to human life or (ii) has resulted in the death of such a child or\nin serious bodily injury to such a child.\n\t\t\t“Chronic abuse” or “chronic sexual abuse” means\nrecurring acts of physical abuse that place the child’s health, safety and\nwell-being at risk.\n\t\t\t“Serious bodily injury” means bodily injury that involves\nsubstantial risk of death, extreme physical pain, protracted and obvious\ndisfigurement, or protracted loss or impairment of the function of a bodily\nmember, organ or mental faculty.\n\t\t\t“Severe abuse” or “severe sexual abuse” may include\nan act or omission that occurred only once but otherwise meets the definition of\n“aggravated circumstances.”\n\n7. Require the child to participate in a public service project under such\nconditions as the court prescribes.\n\nHISTORY: 1991, c. 534; 1994, c. 865; 1997, c. 463; 1999, cc. 488, 552; 2002, c.\n747; 2017, c. 190; 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}}