{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-282.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-282.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-282.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-282.1.html"}],"law_id":55053,"edition_id":1,"section_id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","history":"1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512; 2008, cc. 475, 483, 678; 2011, c. 730; 2013, c. 130; 2016, c. 631; 2017, c. 190; 2019, cc. 282, 688; 2020, cc. 224, 366, 934; 2021, Sp. Sess. I, c. 254.","full_text":"A\n\nIn the case of a child who was the subject of a foster care plan filed with the court pursuant to § 16.1-281, a permanency planning hearing shall be held within 10 months of the dispositional hearing at which the foster care plan pursuant to § 16.1-281 was reviewed if the child (a) was placed through an agreement between the parents or guardians and the local board of social services where legal custody remains with the parents or guardians and such agreement has not been dissolved by court order; or (b) is under the legal custody of a local board of social services or a child welfare agency and has not had a petition to terminate parental rights filed on the child’s behalf, has not been placed in permanent foster care, or is age 16 or over and the plan for the child is not independent living. The board or child welfare agency shall file a petition for a permanency planning hearing 30 days prior to the date of the permanency planning hearing scheduled by the court. The purpose of this hearing is to establish a permanent goal for the child and either to achieve the permanent goal or to defer such action through the approval of an interim plan for the child.\n\t\t\tTo achieve the permanent goal, the petition for a permanency planning hearing shall seek to (i) transfer the custody of the child to his prior family, or dissolve the board’s placement agreement and return the child to his prior family; (ii) transfer custody of the child to a relative other than the child’s prior family or to fictive kin for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306, subject to the provisions of subsection A1; (iii) terminate residual parental rights pursuant to § 16.1-277.01 or 16.1-283; (iv) place a child who is 16 years of age or older in permanent foster care pursuant to § 63.2-908; (v) if the child has been admitted to the United States as a refugee or asylee and has attained the age of 16 years or older and the plan is independent living, direct the board or agency to provide the child with services to transition from foster care; or (vi) place a child who is 16 years of age or older in another planned permanent living arrangement in accordance with the provisions of subsection A2. If the child has been in the custody of a local board or child welfare agency for 15 of the most recent 22 months and no petition for termination of parental rights has been filed with the court, the local board or child welfare agency shall state in its petition for a permanency planning hearing (a) the reasons, pursuant to subdivision A 1, 2, or 3 of § 63.2-910.2, why a petition for termination of parental rights has not been filed and (b) the reasonable efforts made regarding reunification or transfer of custody to a relative and the timeline of such efforts. In cases in which a foster care plan approved prior to July 1, 2011, includes independent living as the goal for a child who is not admitted to the United States as an asylee or refugee, the petition shall direct the board or agency to provide the child with services to transition from foster care.\n\t\t\tFor approval of an interim plan, the petition for a permanency planning hearing shall seek to continue custody with the board or agency, or continue placement with the board through a parental agreement; or transfer custody to the board or child welfare agency from the parents or guardian of a child who has been in foster care through an agreement where the parents or guardian retains custody.\n\t\t\tUpon receipt of the petition, if a permanency planning hearing has not already been scheduled, the court shall schedule such a hearing to be held within 30 days. The permanency planning hearing shall be held within 10 months of the dispositional hearing at which the foster care plan was reviewed pursuant to § 16.1-281. The provisions of subsection B of § 16.1-282 shall apply to this petition. The procedures of subsection C of § 16.1-282 and the provisions of subsection G of § 16.1-282 shall apply to the scheduling and notice of proceedings under this section.A1\n\nThe following requirements shall apply to the transfer of custody of the child to a relative other than the child’s prior family or to fictive kin for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306 in accordance with the provisions of clause (ii) of subsection A. Any order transferring custody of the child to a relative other than the child’s prior family shall be entered only upon a finding, based upon a preponderance of the evidence, that the relative 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 relative should further provide, as appropriate, for any terms or conditions which would promote the child’s interest and welfare.A2\n\nThe following requirements shall apply to the selection and approval of placement in another planned permanent living arrangement as the permanent goal for the child in accordance with clause (vi) of subsection A:1\n\nThe board or child welfare agency shall petition for alternative (vi) of subsection A only if the child has a severe and chronic emotional, physical or neurological disabling condition for which the child requires long-term residential treatment; and the board or child welfare agency has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interests of the child. In a foster care plan filed with the petition pursuant to this section, the board or agency shall document the following: (i) the investigation conducted of the placement alternatives listed in clauses (i) through (v) of subsection A and why each of these is not currently in the best interest of the child; (ii) at least one compelling reason why none of the alternatives listed in clauses (i) through (v) is achievable for the child at the time placement in another planned permanent living arrangement is selected as the permanent goal for the child; (iii) the identity of the long-term residential treatment service provider; (iv) the nature of the child’s disability; (v) the anticipated length of time required for the child’s treatment; and (vi) the status of the child’s eligibility for admission and long-term treatment. The court shall ensure that the local department has documentation of the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult siblings, or an adoptive parent, including through efforts that utilize search technology, including social media, to find the child’s biological family members. The court shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child.2\n\nBefore approving alternative (vi) of subsection A as the plan for the child, the court shall find (i) that the child has a severe and chronic emotional, physical or neurological disabling condition; (ii) that the child requires long-term residential treatment for the disabling condition; and (iii) that none of the alternatives listed in clauses (i) through (v) of subsection A is achievable for the child at the time placement in another planned permanent living arrangement is approved as the permanent goal for the child. If the board or agency petitions for alternative (vi), alternative (vi) may be approved by the court for a period of six months at a time.3\n\nAt the conclusion of the permanency planning hearing, if alternative (vi) of subsection A is the permanent plan, the court shall schedule a hearing to be held within six months to review the child’s placement in another planned permanent living arrangement in accordance with subdivision A2 4. All parties present at the hearing at which clause (vi) of subsection A is approved as the permanent plan for the child shall be given notice of the date scheduled for the foster care review hearing. Parties not present shall be summoned to appear as provided in § 16.1-263. Otherwise, this subsection A2 shall govern the scheduling and notice for such hearings.4\n\nThe court shall review a foster care plan for any child who is placed in another planned permanent living arrangement every six months from the date of the permanency planning hearing held pursuant to this subsection, so long as the child remains in the legal custody of the board or child welfare agency. The board or child welfare agency shall file such petitions for review pursuant to the provisions of § 16.1-282 and shall, in addition, include in the petition the information required by subdivision A2 1. The petition for foster care review shall be filed no later than 30 days prior to the hearing scheduled in accordance with subdivision A2 3. At the conclusion of the foster care review hearing, if alternative (vi) of subsection A remains the permanent plan, the court shall enter an order that states whether reasonable efforts have been made to place the child in a timely manner in accordance with the permanency plan and to monitor the child’s status in another planned permanent living arrangement.\n\t\t\t\tHowever, if at any time during the six-month approval periods permitted by this subsection, a determination is made by treatment providers that the child’s need for long-term residential treatment for the child’s disabling condition is eliminated, the board or agency shall immediately begin to plan for post-discharge services and shall, within 30 days of making such a determination, file a petition for a permanency planning hearing pursuant to subsection A. Upon receipt of the petition, the court shall schedule a permanency planning hearing to be held within 30 days. The provisions of subsection B of § 16.1-282 shall apply to this petition. The procedures of subsection C of § 16.1-282 and the provisions of subsection G of § 16.1-282 shall apply to proceedings under this section.A3\n\nThe following requirements shall apply to the selection and approval of permanent foster care pursuant to clause (iv) of subsection A:1\n\nThe court shall ensure that the local department has documentation of the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult siblings, or an adoptive parent, including through efforts that utilize search technology, including social media, to find the child’s biological family members.2\n\nThe court shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child.B\n\nThe following requirements shall apply to the selection and approval of an interim plan for the child in accordance with subsection A:1\n\nThe board or child welfare agency shall petition for approval of an interim plan only if the board or child welfare agency has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interest of the child. If the board or agency petitions for approval of an interim plan, such plan may be approved by the court for a maximum period of six months. The board or agency shall also file a foster care plan that (i) identifies a permanent goal for the child that corresponds with one of the alternatives specified in clauses (i) through (v) of subsection A; (ii) includes provisions for accomplishing the permanent goal within six months; and (iii) summarizes the investigation conducted of the alternatives listed in clauses (i) through (v) of subsection A and why achieving each of these is not in the best interest of the child at this time. The foster care plan shall describe the child’s placement, including the in-state and out-of-state placement options and whether the child’s placement is in state or out of state. If the child’s placement is out of state, the foster care plan shall provide the reason why the out-of-state placement is appropriate and in the best interests of the child.2\n\nBefore approving an interim plan for the child, the court shall find:\n\t\t\t\ta. When returning home remains the plan for the child, that the parent has made marked progress toward reunification with the child, the parent has maintained a close and positive relationship with the child, and the child is likely to return home within the near future, although it is premature to set an exact date for return at the time of this hearing; or\n\t\t\t\tb. When returning home is not the plan for the child, that marked progress is being made to achieve the permanent goal identified by the board or child welfare agency and that it is premature to set an exact date for accomplishing the goal at the time of this hearing. The court shall consider the in-state and out-of-state placement options, and if the child has been placed out of state, determine whether the out-of-state placement is appropriate and in the best interests of the child.3\n\nUpon approval of an interim plan, the court shall schedule a hearing to be held within six months to determine that the permanent goal is accomplished and to enter an order consistent with alternative (i), (ii), (iii), (iv), or (v) of subsection A. All parties present at the initial permanency planning hearing shall be given notice of the date scheduled for the second permanency planning hearing. Parties not present shall be summoned to appear as provided in § 16.1-263. Otherwise, subsection A shall govern the scheduling and notice for such hearings.C\n\nIn each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child in an age-appropriate manner regarding the proposed permanency plan or transition plan for the child, unless the court finds that such consultation is not in the best interests of the child.D\n\nIn cases in which a child is placed by the local board of social services or a licensed child-placing agency in a qualified residential treatment program as defined in § 16.1-228, the provisions of subsection E of § 16.1-281 shall apply to any hearing held pursuant to this section.E\n\nAt the conclusion of the permanency planning hearing held pursuant to this section, whether action is taken or deferred to achieve the permanent goal for the child, the court shall enter an order that states whether reasonable efforts have been made to reunite the child with the child’s prior family, if returning home is the permanent goal for the child; or whether reasonable efforts have been made to achieve the permanent goal identified by the board or agency, if the goal is other than returning the child home.\n\t\t\tIn making this determination, the court shall give consideration to whether the board or agency has placed the child in a timely manner in accordance with the foster care plan and completed the steps necessary to finalize the permanent placement of the child.","order_by":null,"text":{"0":{"id":201905,"text":"In the case of a child who was the subject of a foster care plan filed with the court pursuant to § 16.1-281, a permanency planning hearing shall be held within 10 months of the dispositional hearing at which the foster care plan pursuant to § 16.1-281 was reviewed if the child (a) was placed through an agreement between the parents or guardians and the local board of social services where legal custody remains with the parents or guardians and such agreement has not been dissolved by court order; or (b) is under the legal custody of a local board of social services or a child welfare agency and has not had a petition to terminate parental rights filed on the child’s behalf, has not been placed in permanent foster care, or is age 16 or over and the plan for the child is not independent living. The board or child welfare agency shall file a petition for a permanency planning hearing 30 days prior to the date of the permanency planning hearing scheduled by the court. The purpose of this hearing is to establish a permanent goal for the child and either to achieve the permanent goal or to defer such action through the approval of an interim plan for the child.\n\t\t\tTo achieve the permanent goal, the petition for a permanency planning hearing shall seek to (i) transfer the custody of the child to his prior family, or dissolve the board’s placement agreement and return the child to his prior family; (ii) transfer custody of the child to a relative other than the child’s prior family or to fictive kin for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306, subject to the provisions of subsection A1; (iii) terminate residual parental rights pursuant to § 16.1-277.01 or 16.1-283; (iv) place a child who is 16 years of age or older in permanent foster care pursuant to § 63.2-908; (v) if the child has been admitted to the United States as a refugee or asylee and has attained the age of 16 years or older and the plan is independent living, direct the board or agency to provide the child with services to transition from foster care; or (vi) place a child who is 16 years of age or older in another planned permanent living arrangement in accordance with the provisions of subsection A2. If the child has been in the custody of a local board or child welfare agency for 15 of the most recent 22 months and no petition for termination of parental rights has been filed with the court, the local board or child welfare agency shall state in its petition for a permanency planning hearing (a) the reasons, pursuant to subdivision A 1, 2, or 3 of § 63.2-910.2, why a petition for termination of parental rights has not been filed and (b) the reasonable efforts made regarding reunification or transfer of custody to a relative and the timeline of such efforts. In cases in which a foster care plan approved prior to July 1, 2011, includes independent living as the goal for a child who is not admitted to the United States as an asylee or refugee, the petition shall direct the board or agency to provide the child with services to transition from foster care.\n\t\t\tFor approval of an interim plan, the petition for a permanency planning hearing shall seek to continue custody with the board or agency, or continue placement with the board through a parental agreement; or transfer custody to the board or child welfare agency from the parents or guardian of a child who has been in foster care through an agreement where the parents or guardian retains custody.\n\t\t\tUpon receipt of the petition, if a permanency planning hearing has not already been scheduled, the court shall schedule such a hearing to be held within 30 days. The permanency planning hearing shall be held within 10 months of the dispositional hearing at which the foster care plan was reviewed pursuant to § 16.1-281. The provisions of subsection B of § 16.1-282 shall apply to this petition. The procedures of subsection C of § 16.1-282 and the provisions of subsection G of § 16.1-282 shall apply to the scheduling and notice of proceedings under this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":201906,"text":"The following requirements shall apply to the transfer of custody of the child to a relative other than the child’s prior family or to fictive kin for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306 in accordance with the provisions of clause (ii) of subsection A. Any order transferring custody of the child to a relative other than the child’s prior family shall be entered only upon a finding, based upon a preponderance of the evidence, that the relative 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 relative should further provide, as appropriate, for any terms or conditions which would promote the child’s interest and welfare.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":201907,"text":"The following requirements shall apply to the selection and approval of placement in another planned permanent living arrangement as the permanent goal for the child in accordance with clause (vi) of subsection A:","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"A21"},"3":{"id":201908,"text":"The board or child welfare agency shall petition for alternative (vi) of subsection A only if the child has a severe and chronic emotional, physical or neurological disabling condition for which the child requires long-term residential treatment; and the board or child welfare agency has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interests of the child. In a foster care plan filed with the petition pursuant to this section, the board or agency shall document the following: (i) the investigation conducted of the placement alternatives listed in clauses (i) through (v) of subsection A and why each of these is not currently in the best interest of the child; (ii) at least one compelling reason why none of the alternatives listed in clauses (i) through (v) is achievable for the child at the time placement in another planned permanent living arrangement is selected as the permanent goal for the child; (iii) the identity of the long-term residential treatment service provider; (iv) the nature of the child’s disability; (v) the anticipated length of time required for the child’s treatment; and (vi) the status of the child’s eligibility for admission and long-term treatment. The court shall ensure that the local department has documentation of the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult siblings, or an adoptive parent, including through efforts that utilize search technology, including social media, to find the child’s biological family members. The court shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child.","type":"section","prefixes":["A2","1"],"prefix":"1","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A2","next_prefix":"A22"},"4":{"id":201909,"text":"Before approving alternative (vi) of subsection A as the plan for the child, the court shall find (i) that the child has a severe and chronic emotional, physical or neurological disabling condition; (ii) that the child requires long-term residential treatment for the disabling condition; and (iii) that none of the alternatives listed in clauses (i) through (v) of subsection A is achievable for the child at the time placement in another planned permanent living arrangement is approved as the permanent goal for the child. If the board or agency petitions for alternative (vi), alternative (vi) may be approved by the court for a period of six months at a time.","type":"section","prefixes":["A2","2"],"prefix":"2","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"A23"},"5":{"id":201910,"text":"At the conclusion of the permanency planning hearing, if alternative (vi) of subsection A is the permanent plan, the court shall schedule a hearing to be held within six months to review the child’s placement in another planned permanent living arrangement in accordance with subdivision A2 4. All parties present at the hearing at which clause (vi) of subsection A is approved as the permanent plan for the child shall be given notice of the date scheduled for the foster care review hearing. Parties not present shall be summoned to appear as provided in § 16.1-263. Otherwise, this subsection A2 shall govern the scheduling and notice for such hearings.","type":"section","prefixes":["A2","3"],"prefix":"3","entire_prefix":"A23","prefix_anchor":"A23","level":2,"prior_prefix":"A22","next_prefix":"A24"},"6":{"id":201911,"text":"The court shall review a foster care plan for any child who is placed in another planned permanent living arrangement every six months from the date of the permanency planning hearing held pursuant to this subsection, so long as the child remains in the legal custody of the board or child welfare agency. The board or child welfare agency shall file such petitions for review pursuant to the provisions of § 16.1-282 and shall, in addition, include in the petition the information required by subdivision A2 1. The petition for foster care review shall be filed no later than 30 days prior to the hearing scheduled in accordance with subdivision A2 3. At the conclusion of the foster care review hearing, if alternative (vi) of subsection A remains the permanent plan, the court shall enter an order that states whether reasonable efforts have been made to place the child in a timely manner in accordance with the permanency plan and to monitor the child’s status in another planned permanent living arrangement.\n\t\t\t\tHowever, if at any time during the six-month approval periods permitted by this subsection, a determination is made by treatment providers that the child’s need for long-term residential treatment for the child’s disabling condition is eliminated, the board or agency shall immediately begin to plan for post-discharge services and shall, within 30 days of making such a determination, file a petition for a permanency planning hearing pursuant to subsection A. Upon receipt of the petition, the court shall schedule a permanency planning hearing to be held within 30 days. The provisions of subsection B of § 16.1-282 shall apply to this petition. The procedures of subsection C of § 16.1-282 and the provisions of subsection G of § 16.1-282 shall apply to proceedings under this section.","type":"section","prefixes":["A2","4"],"prefix":"4","entire_prefix":"A24","prefix_anchor":"A24","level":2,"prior_prefix":"A23","next_prefix":"A3"},"7":{"id":201912,"text":"The following requirements shall apply to the selection and approval of permanent foster care pursuant to clause (iv) of subsection A:","type":"section","prefixes":["A3"],"prefix":"A3","entire_prefix":"A3","prefix_anchor":"A3","level":1,"prior_prefix":"A24","next_prefix":"A31"},"8":{"id":201913,"text":"The court shall ensure that the local department has documentation of the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult siblings, or an adoptive parent, including through efforts that utilize search technology, including social media, to find the child’s biological family members.","type":"section","prefixes":["A3","1"],"prefix":"1","entire_prefix":"A31","prefix_anchor":"A31","level":2,"prior_prefix":"A3","next_prefix":"A32"},"9":{"id":201914,"text":"The court shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child.","type":"section","prefixes":["A3","2"],"prefix":"2","entire_prefix":"A32","prefix_anchor":"A32","level":2,"prior_prefix":"A31","next_prefix":"B"},"10":{"id":201915,"text":"The following requirements shall apply to the selection and approval of an interim plan for the child in accordance with subsection A:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A32","next_prefix":"B1"},"11":{"id":201916,"text":"The board or child welfare agency shall petition for approval of an interim plan only if the board or child welfare agency has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interest of the child. If the board or agency petitions for approval of an interim plan, such plan may be approved by the court for a maximum period of six months. The board or agency shall also file a foster care plan that (i) identifies a permanent goal for the child that corresponds with one of the alternatives specified in clauses (i) through (v) of subsection A; (ii) includes provisions for accomplishing the permanent goal within six months; and (iii) summarizes the investigation conducted of the alternatives listed in clauses (i) through (v) of subsection A and why achieving each of these is not in the best interest of the child at this time. The foster care plan shall describe the child’s placement, including the in-state and out-of-state placement options and whether the child’s placement is in state or out of state. If the child’s placement is out of state, the foster care plan shall provide the reason why the out-of-state placement is appropriate and in the best interests of the child.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"12":{"id":201917,"text":"Before approving an interim plan for the child, the court shall find:\n\t\t\t\ta. When returning home remains the plan for the child, that the parent has made marked progress toward reunification with the child, the parent has maintained a close and positive relationship with the child, and the child is likely to return home within the near future, although it is premature to set an exact date for return at the time of this hearing; or\n\t\t\t\tb. When returning home is not the plan for the child, that marked progress is being made to achieve the permanent goal identified by the board or child welfare agency and that it is premature to set an exact date for accomplishing the goal at the time of this hearing. The court shall consider the in-state and out-of-state placement options, and if the child has been placed out of state, determine whether the out-of-state placement is appropriate and in the best interests of the child.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"13":{"id":201918,"text":"Upon approval of an interim plan, the court shall schedule a hearing to be held within six months to determine that the permanent goal is accomplished and to enter an order consistent with alternative (i), (ii), (iii), (iv), or (v) of subsection A. All parties present at the initial permanency planning hearing shall be given notice of the date scheduled for the second permanency planning hearing. Parties not present shall be summoned to appear as provided in § 16.1-263. Otherwise, subsection A shall govern the scheduling and notice for such hearings.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"14":{"id":201919,"text":"In each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child in an age-appropriate manner regarding the proposed permanency plan or transition plan for the child, unless the court finds that such consultation is not in the best interests of the child.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"15":{"id":201920,"text":"In cases in which a child is placed by the local board of social services or a licensed child-placing agency in a qualified residential treatment program as defined in § 16.1-228, the provisions of subsection E of § 16.1-281 shall apply to any hearing held pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":201921,"text":"At the conclusion of the permanency planning hearing held pursuant to this section, whether action is taken or deferred to achieve the permanent goal for the child, the court shall enter an order that states whether reasonable efforts have been made to reunite the child with the child’s prior family, if returning home is the permanent goal for the child; or whether reasonable efforts have been made to achieve the permanent goal identified by the board or agency, if the goal is other than returning the child home.\n\t\t\tIn making this determination, the court shall give consideration to whether the board or agency has placed the child in a timely manner in accordance with the foster care plan and completed the steps necessary to finalize the permanent placement of the child.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-282.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 790<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 11 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 1998, chapter 550<\/a>; in 1999, chapter 889<\/a>; in 2000, chapter 385<\/a>; in 2002, chapter 512<\/a>; in 2008, chapters 475<\/a>, 483<\/a>, and 678<\/a>; in 2011, chapter 730<\/a>; in 2013, chapter 130<\/a>; in 2016, chapter 631<\/a>; in 2017, chapter 190<\/a>; in 2019, chapters 282<\/a> and 688<\/a>; in 2020, chapters 224<\/a>, 366<\/a>, and 934<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":83429,"section_number":"16.1-242.1","catch_line":"Retention of jurisdiction; appeals involving children in foster care","order_by":null,"url":"\/16.1-242.1\/"},{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":72020,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","order_by":null,"url":"\/16.1-266.1\/"},{"id":79168,"section_number":"16.1-276.2","catch_line":"Transportation orders in certain proceedings","order_by":null,"url":"\/16.1-276.2\/"},{"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":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"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":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":65888,"section_number":"63.2-1220.2","catch_line":"Authority to enter into post-adoption contact and communication agreements","order_by":null,"url":"\/63.2-1220.2\/"},{"id":77603,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","order_by":null,"url":"\/63.2-1306\/"},{"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":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"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":65696,"section_number":"63.2-1305","catch_line":"Federal-Funded Kinship Guardianship Assistance program","order_by":null,"url":"\/63.2-1305\/"},{"id":77603,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","order_by":null,"url":"\/63.2-1306\/"},{"id":83951,"section_number":"63.2-908","catch_line":"Permanent foster care placement","order_by":null,"url":"\/63.2-908\/"},{"id":56471,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","order_by":null,"url":"\/63.2-910.2\/"}],"permalink":{"id":161899,"object_type":"law","relational_id":55053,"identifier":"16.1-282.1","token":"16.1\/11\/9\/16.1-282.1","url":"\/16.1-282.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","dublin_core":{"Title":"Permanency planning hearing for children in foster care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-282.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the case of a child who was the subject of a foster care plan filed with the court<\/span> pursuant to § 16.1-281<\/a>, a permanency planning hearing<\/span> shall be held within 10 months of the dispositional hearing<\/span> at which the foster care plan pursuant to § 16.1-281<\/a> was reviewed if the child (a) was placed through an agreement between the parents<\/span> or guardians and the local board of social services where legal custody<\/span> remains with the parents<\/span> or guardians and such agreement has not been dissolved by court order<\/span>; or (b) is under the legal custody<\/span> of a local board of social services or a child welfare agency<\/span> and has not had a petition<\/span> to terminate parental rights filed on the child’s behalf, has not been placed in permanent foster care, or is age 16 or over and the plan for the child is not independent living. The board or child welfare agency<\/span> shall file a petition<\/span> for a permanency planning hearing<\/span> 30 days prior to the date of the permanency planning hearing<\/span> scheduled by the court<\/span>. The purpose of this hearing<\/span> is to establish a permanent goal for the child and either to achieve the permanent goal or to defer such action through the approval of an interim plan for the child.\n\t\t\tTo achieve the permanent goal, the petition<\/span> for a permanency planning hearing<\/span> shall seek to (i) transfer the custody of the child to his prior family, or dissolve the board’s placement agreement and return the child to his prior family; (ii) transfer custody of the child to a relative other than the child’s prior family or to fictive kin<\/span> for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305<\/a> or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306<\/a>, subject to the provisions of subsection A1; (iii) terminate residual parental rights pursuant to § 16.1-277.01<\/a> or 16.1-283<\/a>; (iv) place a child who is 16 years of age or older in permanent foster care pursuant to § 63.2-908<\/a>; (v) if the child has been admitted to the United States as a refugee or asylee and has attained the age of 16 years or older and the plan is independent living, direct the board or agency to provide the child with services to transition from foster care; or (vi) place a child who is 16 years of age or older in another planned permanent living arrangement in accordance with the provisions of subsection A2. If the child has been in the custody of a local board or child welfare agency<\/span> for 15 of the most recent 22 months and no petition<\/span> for termination of parental rights has been filed with the court<\/span>, the local board or child welfare agency<\/span> shall state in its petition<\/span> for a permanency planning hearing<\/span> (a) the reasons, pursuant to subdivision A 1, 2, or 3 of § 63.2-910.2<\/a>, why a petition<\/span> for termination of parental rights has not been filed and (b) the reasonable efforts made regarding reunification or transfer of custody to a relative and the timeline of such efforts. In cases in which a foster care plan approved prior to July 1, 2011, includes independent living as the goal for a child who is not admitted to the United States as an asylee or refugee, the petition<\/span> shall direct the board or agency to provide the child with services to transition from foster care.\n\t\t\tFor approval of an interim plan, the petition<\/span> for a permanency planning hearing<\/span> shall seek to continue custody with the board or agency, or continue placement with the board through a parental agreement; or transfer custody to the board or child welfare agency<\/span> from the parents<\/span> or guardian of a child who has been in foster care through an agreement where the parents<\/span> or guardian retains custody.\n\t\t\tUpon receipt of the petition<\/span>, if a permanency planning hearing<\/span> has not already been scheduled, the court<\/span> shall schedule such a hearing<\/span> to be held within 30 days. The permanency planning hearing<\/span> shall be held within 10 months of the dispositional hearing<\/span> at which the foster care plan was reviewed pursuant to § 16.1-281<\/a>. The provisions of subsection B of § 16.1-282<\/a> shall apply to this petition<\/span>. The procedures of subsection C of § 16.1-282<\/a> and the provisions of subsection G of § 16.1-282<\/a> shall apply to the scheduling and notice of proceedings under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> The following requirements shall apply to the transfer of custody of the child to a relative other than the child’s prior family or to fictive kin<\/span> for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305<\/a> or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306<\/a> in accordance with the provisions of clause (ii) of subsection A. Any order transferring custody of the child to a relative other than the child’s prior family shall be entered only upon a finding<\/span>, based upon a preponderance of the evidence<\/span>, that the relative 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 relative should further provide, as appropriate, for any terms or conditions which would promote the child’s interest and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> The following requirements shall apply to the selection and approval of placement in another planned permanent living arrangement as the permanent goal for the child in accordance with clause (vi) of subsection A: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The board or child welfare agency<\/span> shall petition<\/span> for alternative (vi) of subsection A only if the child has a severe and chronic emotional, physical or neurological disabling condition for which the child requires long-term residential treatment; and the board or child welfare agency<\/span> has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interests of the child. In a foster care plan filed with the petition<\/span> pursuant to this section, the board or agency shall document the following: (i) the investigation conducted of the placement alternatives listed in clauses (i) through (v) of subsection A and why each of these is not currently in the best interest of the child; (ii) at least one compelling reason why none of the alternatives listed in clauses (i) through (v) is achievable for the child at the time placement in another planned permanent living arrangement is selected as the permanent goal for the child; (iii) the identity of the long-term residential treatment service provider; (iv) the nature of the child’s disability; (v) the anticipated length of time required for the child’s treatment; and (vi) the status of the child’s eligibility for admission and long-term treatment. The court<\/span> shall ensure that the local department<\/span> has documentation of the intensive, ongoing, and, as of the date of the hearing<\/span>, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult<\/span> siblings, or an adoptive parent<\/span>, including through efforts that utilize search technology, including social media, to find the child’s biological family members. The court<\/span> shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Before approving alternative (vi) of subsection A as the plan for the child, the court<\/span> shall find (i) that the child has a severe and chronic emotional, physical or neurological disabling condition; (ii) that the child requires long-term residential treatment for the disabling condition; and (iii) that none of the alternatives listed in clauses (i) through (v) of subsection A is achievable for the child at the time placement in another planned permanent living arrangement is approved as the permanent goal for the child. If the board or agency petitions<\/span> for alternative (vi), alternative (vi) may be approved by the court<\/span> for a period of six months at a time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> At the conclusion of the permanency planning hearing<\/span>, if alternative (vi) of subsection A is the permanent plan, the court<\/span> shall schedule a hearing<\/span> to be held within six months to review the child’s placement in another planned permanent living arrangement in accordance with subdivision A2 4. All parties present at the hearing<\/span> at which clause (vi) of subsection A is approved as the permanent plan for the child shall be given notice of the date scheduled for the foster care review hearing<\/span>. Parties not present shall be summoned to appear as provided in § 16.1-263<\/a>. Otherwise, this subsection A2 shall govern the scheduling and notice for such hearings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The court<\/span> shall review a foster care plan for any child who is placed in another planned permanent living arrangement every six months from the date of the permanency planning hearing<\/span> held pursuant to this subsection, so long as the child remains in the legal custody<\/span> of the board or child welfare agency<\/span>. The board or child welfare agency<\/span> shall file such petitions<\/span> for review pursuant to the provisions of § 16.1-282<\/a> and shall, in addition, include in the petition<\/span> the information required by subdivision A2 1. The petition<\/span> for foster care review shall be filed no later than 30 days prior to the hearing<\/span> scheduled in accordance with subdivision A2 3. At the conclusion of the foster care review hearing<\/span>, if alternative (vi) of subsection A remains the permanent plan, the court<\/span> shall enter an order that states whether reasonable efforts have been made to place the child in a timely manner in accordance with the permanency plan and to monitor the child’s status in another planned permanent living arrangement.\n\t\t\t\tHowever, if at any time during the six-month approval periods permitted by this subsection, a determination is made by treatment providers that the child’s need for long-term residential treatment for the child’s disabling condition is eliminated, the board or agency shall immediately begin to plan for post-discharge services and shall, within 30 days of making such a determination, file a petition<\/span> for a permanency planning hearing<\/span> pursuant to subsection A. Upon receipt of the petition<\/span>, the court<\/span> shall schedule a permanency planning hearing<\/span> to be held within 30 days. The provisions of subsection B of § 16.1-282<\/a> shall apply to this petition<\/span>. The procedures of subsection C of § 16.1-282<\/a> and the provisions of subsection G of § 16.1-282<\/a> shall apply to proceedings under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A3.<\/span> The following requirements shall apply to the selection and approval of permanent foster care pursuant to clause (iv) of subsection A: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The court<\/span> shall ensure that the local department<\/span> has documentation of the intensive, ongoing, and, as of the date of the hearing<\/span>, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative, including adult<\/span> siblings, or an adoptive parent<\/span>, including through efforts that utilize search technology, including social media, to find the child’s biological family members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The court<\/span> shall ask the child about the child’s desired permanency outcome and make a judicial determination, accompanied by an explanation of the reasons that the alternatives listed in clauses (i) through (iii) of subsection A continue to not be in the best interest of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following requirements shall apply to the selection and approval of an interim plan for the child in accordance with subsection A: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The board or child welfare agency<\/span> shall petition<\/span> for approval of an interim plan only if the board or child welfare agency<\/span> has thoroughly investigated the feasibility of the alternatives listed in clauses (i) through (v) of subsection A and determined that none of those alternatives is in the best interest of the child. If the board or agency petitions<\/span> for approval of an interim plan, such plan may be approved by the court<\/span> for a maximum period of six months. The board or agency shall also file a foster care plan that (i) identifies a permanent goal for the child that corresponds with one of the alternatives specified in clauses (i) through (v) of subsection A; (ii) includes provisions for accomplishing the permanent goal within six months; and (iii) summarizes the investigation conducted of the alternatives listed in clauses (i) through (v) of subsection A and why achieving each of these is not in the best interest of the child at this time. The foster care plan shall describe the child’s placement, including the in-state and out-of-state placement options and whether the child’s placement is in state or out of state. If the child’s placement is out of state, the foster care plan shall provide the reason why the out-of-state placement is appropriate and in the best interests of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Before approving an interim plan for the child, the court<\/span> shall find:\n\t\t\t\ta. When returning home remains the plan for the child, that the parent<\/span> has made marked progress toward reunification with the child, the parent<\/span> has maintained a close and positive relationship with the child, and the child is likely to return home within the near future, although it is premature to set an exact date for return at the time of this hearing<\/span>; or\n\t\t\t\tb. When returning home is not the plan for the child, that marked progress is being made to achieve the permanent goal identified by the board or child welfare agency<\/span> and that it is premature to set an exact date for accomplishing the goal at the time of this hearing<\/span>. The court<\/span> shall consider the in-state and out-of-state placement options, and if the child has been placed out of state, determine whether the out-of-state placement is appropriate and in the best interests of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon approval of an interim plan, the court<\/span> shall schedule a hearing<\/span> to be held within six months to determine that the permanent goal is accomplished and to enter an order consistent with alternative (i), (ii), (iii), (iv), or (v) of subsection A. All parties present at the initial permanency planning hearing<\/span> shall be given notice of the date scheduled for the second permanency planning hearing<\/span>. Parties not present shall be summoned to appear as provided in § 16.1-263<\/a>. Otherwise, subsection A shall govern the scheduling and notice for such hearings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In each permanency planning hearing<\/span> and in any hearing<\/span> regarding the transition of the child from foster care to independent living, the court<\/span> shall consult with the child in an age-appropriate manner regarding the proposed permanency plan or transition plan for the child, unless the court<\/span> finds that such consultation is not in the best interests of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In cases in which a child is placed by the local board of social services or a licensed child-placing agency in a qualified residential treatment program<\/span> as defined in § 16.1-228<\/a>, the provisions of subsection E of § 16.1-281<\/a> shall apply to any hearing<\/span> held pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the conclusion of the permanency planning hearing<\/span> held pursuant to this section, whether action is taken or deferred to achieve the permanent goal for the child, the court<\/span> shall enter an order that states whether reasonable efforts have been made to reunite the child with the child’s prior family, if returning home is the permanent goal for the child; or whether reasonable efforts have been made to achieve the permanent goal identified by the board or agency, if the goal is other than returning the child home.\n\t\t\tIn making this determination, the court<\/span> shall give consideration to whether the board or agency has placed the child in a timely manner in accordance with the foster care plan and completed the steps necessary to finalize the permanent placement of the child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE (\u00a7 16.1-282.1)\n\nA. In the case of a child who was the subject of a foster care plan filed with\nthe court pursuant to § 16.1-281, a permanency planning hearing shall be\nheld within 10 months of the dispositional hearing at which the foster care plan\npursuant to § 16.1-281 was reviewed if the child (a) was placed through an\nagreement between the parents or guardians and the local board of social\nservices where legal custody remains with the parents or guardians and such\nagreement has not been dissolved by court order; or (b) is under the legal\ncustody of a local board of social services or a child welfare agency and has\nnot had a petition to terminate parental rights filed on the child’s\nbehalf, has not been placed in permanent foster care, or is age 16 or over and\nthe plan for the child is not independent living. The board or child welfare\nagency shall file a petition for a permanency planning hearing 30 days prior to\nthe date of the permanency planning hearing scheduled by the court. The purpose\nof this hearing is to establish a permanent goal for the child and either to\nachieve the permanent goal or to defer such action through the approval of an\ninterim plan for the child.\n\t\t\tTo achieve the permanent goal, the petition for a permanency planning hearing\nshall seek to (i) transfer the custody of the child to his prior family, or\ndissolve the board’s placement agreement and return the child to his prior\nfamily; (ii) transfer custody of the child to a relative other than the\nchild’s prior family or to fictive kin for the purpose of establishing\neligibility for the Federal-Funded Kinship Guardianship Assistance program\npursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance\nprogram pursuant to § 63.2-1306, subject to the provisions of subsection\nA1; (iii) terminate residual parental rights pursuant to § 16.1-277.01 or\n16.1-283; (iv) place a child who is 16 years of age or older in permanent foster\ncare pursuant to § 63.2-908; (v) if the child has been admitted to the\nUnited States as a refugee or asylee and has attained the age of 16 years or\nolder and the plan is independent living, direct the board or agency to provide\nthe child with services to transition from foster care; or (vi) place a child\nwho is 16 years of age or older in another planned permanent living arrangement\nin accordance with the provisions of subsection A2. If the child has been in the\ncustody of a local board or child welfare agency for 15 of the most recent 22\nmonths and no petition for termination of parental rights has been filed with\nthe court, the local board or child welfare agency shall state in its petition\nfor a permanency planning hearing (a) the reasons, pursuant to subdivision A 1,\n2, or 3 of § 63.2-910.2, why a petition for termination of parental rights\nhas not been filed and (b) the reasonable efforts made regarding reunification\nor transfer of custody to a relative and the timeline of such efforts. In cases\nin which a foster care plan approved prior to July 1, 2011, includes independent\nliving as the goal for a child who is not admitted to the United States as an\nasylee or refugee, the petition shall direct the board or agency to provide the\nchild with services to transition from foster care.\n\t\t\tFor approval of an interim plan, the petition for a permanency planning\nhearing shall seek to continue custody with the board or agency, or continue\nplacement with the board through a parental agreement; or transfer custody to\nthe board or child welfare agency from the parents or guardian of a child who\nhas been in foster care through an agreement where the parents or guardian\nretains custody.\n\t\t\tUpon receipt of the petition, if a permanency planning hearing has not\nalready been scheduled, the court shall schedule such a hearing to be held\nwithin 30 days. The permanency planning hearing shall be held within 10 months\nof the dispositional hearing at which the foster care plan was reviewed pursuant\nto § 16.1-281. The provisions of subsection B of § 16.1-282 shall\napply to this petition. The procedures of subsection C of § 16.1-282 and\nthe provisions of subsection G of § 16.1-282 shall apply to the scheduling\nand notice of proceedings under this section.\n\nA1. The following requirements shall apply to the transfer of custody of the\nchild to a relative other than the child’s prior family or to fictive kin\nfor the purpose of establishing eligibility for the Federal-Funded Kinship\nGuardianship Assistance program pursuant to § 63.2-1305 or the State-Funded\nKinship Guardianship Assistance program pursuant to § 63.2-1306 in\naccordance with the provisions of clause (ii) of subsection A. Any order\ntransferring custody of the child to a relative other than the child’s\nprior family shall be entered only upon a finding, based upon a preponderance of\nthe evidence, that the relative is one who, after an investigation as directed\nby the court, (i) is found by the court to be willing and qualified to receive\nand care for the child; (ii) is willing to have a positive, continuous\nrelationship with the child; (iii) is committed to providing a permanent,\nsuitable home for the child; and (iv) is willing and has the ability to protect\nthe child from abuse and neglect; and the order shall so state. The\ncourt’s order transferring custody to a relative should further provide,\nas appropriate, for any terms or conditions which would promote the\nchild’s interest and welfare.\n\nA2. The following requirements shall apply to the selection and approval of\nplacement in another planned permanent living arrangement as the permanent goal\nfor the child in accordance with clause (vi) of subsection A:\n\n 1. The board or child welfare agency shall petition for alternative (vi) of\n subsection A only if the child has a severe and chronic emotional, physical or\n neurological disabling condition for which the child requires long-term\n residential treatment; and the board or child welfare agency has thoroughly\n investigated the feasibility of the alternatives listed in clauses (i) through\n (v) of subsection A and determined that none of those alternatives is in the\n best interests of the child. In a foster care plan filed with the petition\n pursuant to this section, the board or agency shall document the following:\n (i) the investigation conducted of the placement alternatives listed in\n clauses (i) through (v) of subsection A and why each of these is not currently\n in the best interest of the child; (ii) at least one compelling reason why\n none of the alternatives listed in clauses (i) through (v) is achievable for\n the child at the time placement in another planned permanent living\n arrangement is selected as the permanent goal for the child; (iii) the\n identity of the long-term residential treatment service provider; (iv) the\n nature of the child’s disability; (v) the anticipated length of time\n required for the child’s treatment; and (vi) the status of the\n child’s eligibility for admission and long-term treatment. The court\n shall ensure that the local department has documentation of the intensive,\n ongoing, and, as of the date of the hearing, unsuccessful efforts made to\n return the child home or secure a placement for the child with a fit and\n willing relative, including adult siblings, or an adoptive parent, including\n through efforts that utilize search technology, including social media, to\n find the child’s biological family members. The court shall ask the\n child about the child’s desired permanency outcome and make a judicial\n determination, accompanied by an explanation of the reasons that the\n alternatives listed in clauses (i) through (iii) of subsection A continue to\n not be in the best interest of the child.\n\n 2. Before approving alternative (vi) of subsection A as the plan for the\n child, the court shall find (i) that the child has a severe and chronic\n emotional, physical or neurological disabling condition; (ii) that the child\n requires long-term residential treatment for the disabling condition; and\n (iii) that none of the alternatives listed in clauses (i) through (v) of\n subsection A is achievable for the child at the time placement in another\n planned permanent living arrangement is approved as the permanent goal for the\n child. If the board or agency petitions for alternative (vi), alternative (vi)\n may be approved by the court for a period of six months at a time.\n\n 3. At the conclusion of the permanency planning hearing, if alternative (vi)\n of subsection A is the permanent plan, the court shall schedule a hearing to\n be held within six months to review the child’s placement in another\n planned permanent living arrangement in accordance with subdivision A2 4. All\n parties present at the hearing at which clause (vi) of subsection A is\n approved as the permanent plan for the child shall be given notice of the date\n scheduled for the foster care review hearing. Parties not present shall be\n summoned to appear as provided in § 16.1-263. Otherwise, this subsection\n A2 shall govern the scheduling and notice for such hearings.\n\n 4. The court shall review a foster care plan for any child who is placed in\n another planned permanent living arrangement every six months from the date of\n the permanency planning hearing held pursuant to this subsection, so long as\n the child remains in the legal custody of the board or child welfare agency.\n The board or child welfare agency shall file such petitions for review\n pursuant to the provisions of § 16.1-282 and shall, in addition, include\n in the petition the information required by subdivision A2 1. The petition for\n foster care review shall be filed no later than 30 days prior to the hearing\n scheduled in accordance with subdivision A2 3. At the conclusion of the foster\n care review hearing, if alternative (vi) of subsection A remains the permanent\n plan, the court shall enter an order that states whether reasonable efforts\n have been made to place the child in a timely manner in accordance with the\n permanency plan and to monitor the child’s status in another planned\n permanent living arrangement.\n \t\t\t\tHowever, if at any time during the six-month approval periods permitted by\n this subsection, a determination is made by treatment providers that the\n child’s need for long-term residential treatment for the child’s\n disabling condition is eliminated, the board or agency shall immediately begin\n to plan for post-discharge services and shall, within 30 days of making such a\n determination, file a petition for a permanency planning hearing pursuant to\n subsection A. Upon receipt of the petition, the court shall schedule a\n permanency planning hearing to be held within 30 days. The provisions of\n subsection B of § 16.1-282 shall apply to this petition. The procedures\n of subsection C of § 16.1-282 and the provisions of subsection G of\n § 16.1-282 shall apply to proceedings under this section.\n\nA3. The following requirements shall apply to the selection and approval of\npermanent foster care pursuant to clause (iv) of subsection A:\n\n 1. The court shall ensure that the local department has documentation of the\n intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts\n made to return the child home or secure a placement for the child with a fit\n and willing relative, including adult siblings, or an adoptive parent,\n including through efforts that utilize search technology, including social\n media, to find the child’s biological family members.\n\n 2. The court shall ask the child about the child’s desired permanency\n outcome and make a judicial determination, accompanied by an explanation of\n the reasons that the alternatives listed in clauses (i) through (iii) of\n subsection A continue to not be in the best interest of the child.\n\nB. The following requirements shall apply to the selection and approval of an\ninterim plan for the child in accordance with subsection A:\n\n 1. The board or child welfare agency shall petition for approval of an interim\n plan only if the board or child welfare agency has thoroughly investigated the\n feasibility of the alternatives listed in clauses (i) through (v) of\n subsection A and determined that none of those alternatives is in the best\n interest of the child. If the board or agency petitions for approval of an\n interim plan, such plan may be approved by the court for a maximum period of\n six months. The board or agency shall also file a foster care plan that (i)\n identifies a permanent goal for the child that corresponds with one of the\n alternatives specified in clauses (i) through (v) of subsection A; (ii)\n includes provisions for accomplishing the permanent goal within six months;\n and (iii) summarizes the investigation conducted of the alternatives listed in\n clauses (i) through (v) of subsection A and why achieving each of these is not\n in the best interest of the child at this time. The foster care plan shall\n describe the child’s placement, including the in-state and out-of-state\n placement options and whether the child’s placement is in state or out\n of state. If the child’s placement is out of state, the foster care plan\n shall provide the reason why the out-of-state placement is appropriate and in\n the best interests of the child.\n\n 2. Before approving an interim plan for the child, the court shall find:\n \t\t\t\ta. When returning home remains the plan for the child, that the parent has\n made marked progress toward reunification with the child, the parent has\n maintained a close and positive relationship with the child, and the child is\n likely to return home within the near future, although it is premature to set\n an exact date for return at the time of this hearing; or\n \t\t\t\tb. When returning home is not the plan for the child, that marked progress\n is being made to achieve the permanent goal identified by the board or child\n welfare agency and that it is premature to set an exact date for accomplishing\n the goal at the time of this hearing. The court shall consider the in-state\n and out-of-state placement options, and if the child has been placed out of\n state, determine whether the out-of-state placement is appropriate and in the\n best interests of the child.\n\n 3. Upon approval of an interim plan, the court shall schedule a hearing to be\n held within six months to determine that the permanent goal is accomplished\n and to enter an order consistent with alternative (i), (ii), (iii), (iv), or\n (v) of subsection A. All parties present at the initial permanency planning\n hearing shall be given notice of the date scheduled for the second permanency\n planning hearing. Parties not present shall be summoned to appear as provided\n in § 16.1-263. Otherwise, subsection A shall govern the scheduling and\n notice for such hearings.\n\nC. In each permanency planning hearing and in any hearing regarding the\ntransition of the child from foster care to independent living, the court shall\nconsult with the child in an age-appropriate manner regarding the proposed\npermanency plan or transition plan for the child, unless the court finds that\nsuch consultation is not in the best interests of the child.\n\nD. In cases in which a child is placed by the local board of social services or\na licensed child-placing agency in a qualified residential treatment program as\ndefined in § 16.1-228, the provisions of subsection E of § 16.1-281\nshall apply to any hearing held pursuant to this section.\n\nE. At the conclusion of the permanency planning hearing held pursuant to this\nsection, whether action is taken or deferred to achieve the permanent goal for\nthe child, the court shall enter an order that states whether reasonable efforts\nhave been made to reunite the child with the child’s prior family, if\nreturning home is the permanent goal for the child; or whether reasonable\nefforts have been made to achieve the permanent goal identified by the board or\nagency, if the goal is other than returning the child home.\n\t\t\tIn making this determination, the court shall give consideration to whether\nthe board or agency has placed the child in a timely manner in accordance with\nthe foster care plan and completed the steps necessary to finalize the permanent\nplacement of the child.\n\nHISTORY: 1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512;\n2008, cc. 475, 483, 678; 2011, c. 730; 2013, c. 130; 2016, c. 631; 2017, c. 190;\n2019, cc. 282, 688; 2020, cc. 224, 366, 934; 2021, Sp. Sess. I, c. 254.","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}}