{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-282.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-282.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-282.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-282.html"}],"law_id":56077,"edition_id":1,"section_id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","history":"1977, c. 559; 1978, c. 740; 1982, c. 171; 1984, c. 71; 1987, c. 250; 1991, c. 98; 1992, c. 869; 1994, cc. 223, 604, 865; 1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512; 2008, cc. 475, 483, 678; 2009, c. 80; 2011, c. 730; 2013, c. 130; 2019, cc. 282, 688.","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 foster care review hearing shall be held within four months of the dispositional hearing at which the foster care plan pursuant to § 16.1-281 was reviewed if the child (i) 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 (ii) 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 granted, filed or ordered to be 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.\n\t\t\tAny interested party, including the parent, guardian or person who stood in loco parentis prior to the board’s placement of the child or the board’s or child welfare agency’s assumption of legal custody, may file with the court the petition for a foster care review hearing hereinafter described at any time after the initial foster care placement of the child. However, the board or child welfare agency shall file the petition within three months of the dispositional hearing at which the foster care plan was reviewed pursuant to § 16.1-281.B\n\nThe petition shall:1\n\nBe filed in the court in which the foster care plan for the child was reviewed and approved. Upon the order of such court, however, the petition may be filed in the court of the county or city in which the board or child welfare agency having legal custody or having placed the child has its principal office or where the child resides;2\n\nState, if such is reasonably obtainable, the current address of the child’s parents and, if the child was in the custody of a person or persons standing in loco parentis at the time the board or child welfare agency obtained legal custody or the board placed the child, of such person or persons;3\n\nDescribe the placement or placements provided for the child while in foster care and the services or programs offered to the child and his parents and, if applicable, the persons previously standing in loco parentis;4\n\nDescribe the nature and frequency of the contacts between the child and his parents and, if applicable, the persons previously standing in loco parentis;5\n\nSet forth in detail the manner in which the foster care plan previously filed with the court was or was not complied with and the extent to which the goals thereof have been met; and6\n\nSet forth the disposition sought and the grounds therefor; however, in the case of a child who has attained age 16 and for whom the plan is independent living, the foster care plan shall be included and shall address the services needed to assist the child to transition from foster care to independent living.C\n\nUpon receipt of the petition filed by the board, child welfare agency, or any interested party as provided in subsection B of this section, the court shall schedule a hearing to be held within 30 days if a hearing was not previously scheduled. The court shall provide notice of the hearing and a copy of the petition to the following, each of whom shall be a party entitled to participate in the proceeding:1\n\nThe child, if he is 12 years of age or older;2\n\nThe attorney-at-law representing the child as guardian ad litem;3\n\nThe child’s parents and, if the child was in the custody of a person standing in loco parentis at the time the department obtained custody, such person or persons. No such notification shall be required, however, if the judge certifies on the record that the identity of the parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. If the parent or guardian of the child did not appear at the dispositional hearing and was not noticed to return for the foster care review hearing in accordance with subsection F of § 16.1-281, the parent or guardian shall be summoned to appear at the foster care review hearing in accordance with § 16.1-263. The review hearing shall be held pursuant to this section although a parent or guardian fails to appear and is not represented by counsel, provided personal or substituted service was made on the parent or guardian, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort;4\n\nThe foster parent or foster parents or other care providers of the child;5\n\nThe petitioning board or child welfare agency; and6\n\nSuch other persons as the court, in its discretion, may direct. The local board of social services or other child welfare agency shall identify for the court such other persons as have a legitimate interest in the hearing, including, but not limited to, preadoptive parents for a child in foster care.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 hearing, the court shall, upon the proof adduced in accordance with the best interests of the child and subject to the provisions of subsection F, enter any appropriate order of disposition consistent with the dispositional alternatives available to the court at the time of the original hearing. The court order shall state whether reasonable efforts, if applicable, have been made to reunite the child with his parents, guardian or other person standing in loco parentis to the child. Any order entered at the conclusion of this hearing that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1; or, if the child has attained the age of 16 years and the plan for the child is independent living, directing the board or agency to provide the necessary services to transition from foster care, pursuant to clause (v) of subsection A of § 16.1-282.1 shall state whether reasonable efforts have been made to place the child in a timely manner in accordance with the foster care plan and to complete the steps necessary to finalize the permanent placement of the child.F\n\nAny 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 for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement.G\n\nThe court shall possess continuing jurisdiction over cases reviewed under this section for so long as a child remains in a foster care placement or, when a child is returned to his prior family subject to conditions imposed by the court, for so long as such conditions are effective. After the hearing required pursuant to subsection C, the court shall schedule a permanency planning hearing on the case to be held five months thereafter in accordance with § 16.1-282.1 or within 30 days upon the petition of any party entitled to notice in proceedings under this section when the judge determines there is good cause shown for such a hearing. However, in the case of a child who is the subject of an order that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1; or by directing the board or agency to provide the child with services to achieve independent living status, if the child has attained the age of 16 years, pursuant to clause (v) of subsection A of § 16.1-282.1, a permanency planning hearing within five months shall not be required and the court shall schedule a foster care review hearing to be held within 12 months of the entry of such order in accordance with the provisions of § 16.1-282.2.","order_by":null,"text":{"0":{"id":205523,"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 foster care review hearing shall be held within four months of the dispositional hearing at which the foster care plan pursuant to § 16.1-281 was reviewed if the child (i) 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 (ii) 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 granted, filed or ordered to be 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.\n\t\t\tAny interested party, including the parent, guardian or person who stood in loco parentis prior to the board’s placement of the child or the board’s or child welfare agency’s assumption of legal custody, may file with the court the petition for a foster care review hearing hereinafter described at any time after the initial foster care placement of the child. However, the board or child welfare agency shall file the petition within three months of the dispositional hearing at which the foster care plan was reviewed pursuant to § 16.1-281.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205524,"text":"The petition shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":205525,"text":"Be filed in the court in which the foster care plan for the child was reviewed and approved. Upon the order of such court, however, the petition may be filed in the court of the county or city in which the board or child welfare agency having legal custody or having placed the child has its principal office or where the child resides;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":205526,"text":"State, if such is reasonably obtainable, the current address of the child’s parents and, if the child was in the custody of a person or persons standing in loco parentis at the time the board or child welfare agency obtained legal custody or the board placed the child, of such person or persons;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":205527,"text":"Describe the placement or placements provided for the child while in foster care and the services or programs offered to the child and his parents and, if applicable, the persons previously standing in loco parentis;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":205528,"text":"Describe the nature and frequency of the contacts between the child and his parents and, if applicable, the persons previously standing in loco parentis;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":205529,"text":"Set forth in detail the manner in which the foster care plan previously filed with the court was or was not complied with and the extent to which the goals thereof have been met; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":205530,"text":"Set forth the disposition sought and the grounds therefor; however, in the case of a child who has attained age 16 and for whom the plan is independent living, the foster care plan shall be included and shall address the services needed to assist the child to transition from foster care to independent living.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":205531,"text":"Upon receipt of the petition filed by the board, child welfare agency, or any interested party as provided in subsection B of this section, the court shall schedule a hearing to be held within 30 days if a hearing was not previously scheduled. The court shall provide notice of the hearing and a copy of the petition to the following, each of whom shall be a party entitled to participate in the proceeding:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"C1"},"9":{"id":205532,"text":"The child, if he is 12 years of age or older;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":205533,"text":"The attorney-at-law representing the child as guardian ad litem;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":205534,"text":"The child’s parents and, if the child was in the custody of a person standing in loco parentis at the time the department obtained custody, such person or persons. No such notification shall be required, however, if the judge certifies on the record that the identity of the parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. If the parent or guardian of the child did not appear at the dispositional hearing and was not noticed to return for the foster care review hearing in accordance with subsection F of § 16.1-281, the parent or guardian shall be summoned to appear at the foster care review hearing in accordance with § 16.1-263. The review hearing shall be held pursuant to this section although a parent or guardian fails to appear and is not represented by counsel, provided personal or substituted service was made on the parent or guardian, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":205535,"text":"The foster parent or foster parents or other care providers of the child;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"13":{"id":205536,"text":"The petitioning board or child welfare agency; and","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"14":{"id":205537,"text":"Such other persons as the court, in its discretion, may direct. The local board of social services or other child welfare agency shall identify for the court such other persons as have a legitimate interest in the hearing, including, but not limited to, preadoptive parents for a child in foster care.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"15":{"id":205538,"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":"C6","next_prefix":"E"},"16":{"id":205539,"text":"At the conclusion of the hearing, the court shall, upon the proof adduced in accordance with the best interests of the child and subject to the provisions of subsection F, enter any appropriate order of disposition consistent with the dispositional alternatives available to the court at the time of the original hearing. The court order shall state whether reasonable efforts, if applicable, have been made to reunite the child with his parents, guardian or other person standing in loco parentis to the child. Any order entered at the conclusion of this hearing that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1; or, if the child has attained the age of 16 years and the plan for the child is independent living, directing the board or agency to provide the necessary services to transition from foster care, pursuant to clause (v) of subsection A of § 16.1-282.1 shall state whether reasonable efforts have been made to place the child in a timely manner in accordance with the foster care plan and to complete 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","next_prefix":"F"},"17":{"id":205540,"text":"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 for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"18":{"id":205541,"text":"The court shall possess continuing jurisdiction over cases reviewed under this section for so long as a child remains in a foster care placement or, when a child is returned to his prior family subject to conditions imposed by the court, for so long as such conditions are effective. After the hearing required pursuant to subsection C, the court shall schedule a permanency planning hearing on the case to be held five months thereafter in accordance with § 16.1-282.1 or within 30 days upon the petition of any party entitled to notice in proceedings under this section when the judge determines there is good cause shown for such a hearing. However, in the case of a child who is the subject of an order that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1; or by directing the board or agency to provide the child with services to achieve independent living status, if the child has attained the age of 16 years, pursuant to clause (v) of subsection A of § 16.1-282.1, a permanency planning hearing within five months shall not be required and the court shall schedule a foster care review hearing to be held within 12 months of the entry of such order in accordance with the provisions of § 16.1-282.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-282\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 17 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 1978, chapter 740; in 1982, chapter 171; in 1984, chapter 71; in 1987, chapter 250; in 1991, chapter 98; in 1992, chapter 869; in 1994, chapters 223<\/a>, 604<\/a>, and 865<\/a>; in 1997, chapter 790<\/a>; 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 2009, chapter 80<\/a>; in 2011, chapter 730<\/a>; in 2013, chapter 130<\/a>; in 2019, chapters 282<\/a> and 688<\/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":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":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":64749,"section_number":"63.2-1817","catch_line":"Acceptance and control over children by licensed child-placing agency, children's residential facility or independent foster home","order_by":null,"url":"\/63.2-1817\/"},{"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":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"}],"permalink":{"id":161895,"object_type":"law","relational_id":56077,"identifier":"16.1-282","token":"16.1\/11\/9\/16.1-282","url":"\/16.1-282\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","dublin_core":{"Title":"Foster care review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-282","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 foster care review hearing<\/span> shall be held within four months of the dispositional hearing<\/span> at which the foster care plan pursuant to § 16.1-281<\/a> was reviewed if the child (i) 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 (ii) 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 granted, filed or ordered to be 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.\n\t\t\tAny interested party<\/span>, including the parent<\/span>, guardian or person who stood in loco parentis prior to the board’s placement of the child or the board’s or child welfare agency<\/span>’s assumption of legal custody<\/span>, may file with the court<\/span> the petition<\/span> for a foster care review hearing<\/span> hereinafter described at any time after the initial foster care placement of the child. However, the board or child welfare agency<\/span> shall file the petition<\/span> within three months of the dispositional hearing<\/span> at which the foster care plan was reviewed pursuant to § 16.1-281<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be filed in the court<\/span> in which the foster care plan for the child was reviewed and approved. Upon the order of such court, however, the petition<\/span> may be filed in the court<\/span> of the county or city in which the board or child welfare agency<\/span> having legal custody<\/span> or having placed the child has its principal office or where the child resides; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> State, if such is reasonably obtainable, the current address of the child’s parents<\/span> and, if the child was in the custody of a person or persons standing in loco parentis at the time the board or child welfare agency<\/span> obtained legal custody<\/span> or the board placed the child, of such person or persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Describe the placement or placements provided for the child while in foster care and the services or programs offered to the child and his parents<\/span> and, if applicable, the persons previously standing in loco parentis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Describe the nature and frequency of the contacts between the child and his parents<\/span> and, if applicable, the persons previously standing in loco parentis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Set forth in detail the manner in which the foster care plan previously filed with the court<\/span> was or was not complied with and the extent to which the goals thereof have been met; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Set forth the disposition<\/span> sought and the grounds therefor; however, in the case of a child who has attained age 16 and for whom the plan is independent living, the foster care plan shall be included and shall address the services needed to assist the child to transition from foster care to independent living. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of the petition<\/span> filed by the board, child welfare agency<\/span>, or any interested party<\/span> as provided in subsection B of this section, the court<\/span> shall schedule a hearing<\/span> to be held within 30 days if a hearing<\/span> was not previously scheduled. The court<\/span> shall provide notice of the hearing<\/span> and a copy of the petition<\/span> to the following, each of whom shall be a party<\/span> entitled to participate in the proceeding: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child, if he is 12 years of age or older; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The attorney-at-law<\/span> representing the child as guardian ad litem<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The child’s parents<\/span> and, if the child was in the custody of a person standing in loco parentis at the time the department<\/span> obtained custody, such person or persons. No such notification shall be required, however, if the judge<\/span> certifies on the record that the identity of the parent<\/span> or guardian is not reasonably ascertainable. An affidavit<\/span> of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence<\/span> of this fact<\/span>, provided there is no other evidence<\/span> before the court<\/span> which would refute such an affidavit<\/span>. If the parent<\/span> or guardian of the child did not appear at the dispositional hearing<\/span> and was not noticed to return for the foster care review hearing<\/span> in accordance with subsection F of § 16.1-281<\/a>, the parent<\/span> or guardian shall be summoned to appear at the foster care review hearing<\/span> in accordance with § 16.1-263<\/a>. The review hearing<\/span> shall be held pursuant to this section although a parent<\/span> or guardian fails to appear and is not represented by counsel<\/span>, provided personal or substituted service was made on the parent<\/span> or guardian, or the court<\/span> determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The foster parent<\/span> or foster parents<\/span> or other care providers of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The petitioning board or child welfare agency<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Such other persons as the court<\/span>, in its discretion, may direct. The local board of social services or other child welfare agency<\/span> shall identify for the court<\/span> such other persons as have a legitimate interest in the hearing<\/span>, including, but not limited to, preadoptive parents<\/span> for a child in foster care. <\/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 hearing<\/span>, the court<\/span> shall, upon the proof adduced in accordance with the best interests of the child and subject to the provisions of subsection F, enter any appropriate order of disposition<\/span> consistent with the dispositional alternatives available to the court<\/span> at the time of the original hearing<\/span>. The court order<\/span> shall state whether reasonable efforts, if applicable, have been made to reunite the child with his parents<\/span>, guardian or other person standing in loco parentis to the child. Any order entered at the conclusion of this hearing<\/span> that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01<\/a>, 16.1-277.02<\/a>, 16.1-278.3<\/a>, or 16.1-283<\/a>; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1<\/a>; or, if the child has attained the age of 16 years and the plan for the child is independent living, directing the board or agency to provide the necessary services to transition from foster care, pursuant to clause (v) of subsection A of § 16.1-282.1<\/a> shall state whether reasonable efforts have been made to place the child in a timely manner in accordance with the foster care plan and to complete the steps necessary to finalize the permanent placement of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 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 for, as appropriate, any terms and conditions which would promote the child’s interest and welfare; ongoing provision of social services to the child and the child’s custodian; and court review of the child’s placement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The court<\/span> shall possess continuing jurisdiction<\/span> over cases reviewed under this section for so long as a child remains in a foster care placement or, when a child is returned to his prior family subject to conditions imposed by the court<\/span>, for so long as such conditions are effective. After the hearing<\/span> required pursuant to subsection C, the court<\/span> shall schedule a permanency planning hearing<\/span> on the case to be held five months thereafter in accordance with § 16.1-282.1<\/a> or within 30 days upon the petition<\/span> of any party<\/span> entitled to notice in proceedings under this section when the judge<\/span> determines there is good cause shown for such a hearing<\/span>. However, in the case of a child who is the subject of an order that has the effect of achieving a permanent goal for the child by terminating residual parental rights pursuant to § 16.1-277.01<\/a>, 16.1-277.02<\/a>, 16.1-278.3<\/a>, or 16.1-283<\/a>; by placing the child in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1<\/a>; or by directing the board or agency to provide the child with services to achieve independent living status, if the child has attained the age of 16 years, pursuant to clause (v) of subsection A of § 16.1-282.1<\/a>, a permanency planning hearing<\/span> within five months shall not be required and the court<\/span> shall schedule a foster care review hearing<\/span> to be held within 12 months of the entry of such order in accordance with the provisions of § 16.1-282.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFOSTER CARE REVIEW (\u00a7 16.1-282)\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 foster care review hearing shall be\nheld within four months of the dispositional hearing at which the foster care\nplan pursuant to § 16.1-281 was reviewed if the child (i) was placed\nthrough an agreement between the parents or guardians and the local board of\nsocial services where legal custody remains with the parents or guardians and\nsuch agreement has not been dissolved by court order or (ii) 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 granted, filed or ordered to be\nfiled on the child’s behalf; has not been placed in permanent foster care;\nor is age 16 or over and the plan for the child is not independent living.\n\t\t\tAny interested party, including the parent, guardian or person who stood in\nloco parentis prior to the board’s placement of the child or the\nboard’s or child welfare agency’s assumption of legal custody, may\nfile with the court the petition for a foster care review hearing hereinafter\ndescribed at any time after the initial foster care placement of the child.\nHowever, the board or child welfare agency shall file the petition within three\nmonths of the dispositional hearing at which the foster care plan was reviewed\npursuant to § 16.1-281.\n\nB. The petition shall:\n\n 1. Be filed in the court in which the foster care plan for the child was\n reviewed and approved. Upon the order of such court, however, the petition may\n be filed in the court of the county or city in which the board or child\n welfare agency having legal custody or having placed the child has its\n principal office or where the child resides;\n\n 2. State, if such is reasonably obtainable, the current address of the\n child’s parents and, if the child was in the custody of a person or\n persons standing in loco parentis at the time the board or child welfare\n agency obtained legal custody or the board placed the child, of such person or\n persons;\n\n 3. Describe the placement or placements provided for the child while in foster\n care and the services or programs offered to the child and his parents and, if\n applicable, the persons previously standing in loco parentis;\n\n 4. Describe the nature and frequency of the contacts between the child and his\n parents and, if applicable, the persons previously standing in loco parentis;\n\n 5. Set forth in detail the manner in which the foster care plan previously\n filed with the court was or was not complied with and the extent to which the\n goals thereof have been met; and\n\n 6. Set forth the disposition sought and the grounds therefor; however, in the\n case of a child who has attained age 16 and for whom the plan is independent\n living, the foster care plan shall be included and shall address the services\n needed to assist the child to transition from foster care to independent\n living.\n\nC. Upon receipt of the petition filed by the board, child welfare agency, or any\ninterested party as provided in subsection B of this section, the court shall\nschedule a hearing to be held within 30 days if a hearing was not previously\nscheduled. The court shall provide notice of the hearing and a copy of the\npetition to the following, each of whom shall be a party entitled to participate\nin the proceeding:\n\n 1. The child, if he is 12 years of age or older;\n\n 2. The attorney-at-law representing the child as guardian ad litem;\n\n 3. The child’s parents and, if the child was in the custody of a person\n standing in loco parentis at the time the department obtained custody, such\n person or persons. No such notification shall be required, however, if the\n judge certifies on the record that the identity of the parent or guardian is\n not reasonably ascertainable. An affidavit of the mother that the identity of\n the father is not reasonably ascertainable shall be sufficient evidence of\n this fact, provided there is no other evidence before the court which would\n refute such an affidavit. If the parent or guardian of the child did not\n appear at the dispositional hearing and was not noticed to return for the\n foster care review hearing in accordance with subsection F of § 16.1-281,\n the parent or guardian shall be summoned to appear at the foster care review\n hearing in accordance with § 16.1-263. The review hearing shall be held\n pursuant to this section although a parent or guardian fails to appear and is\n not represented by counsel, provided personal or substituted service was made\n on the parent or guardian, or the court determines that such person cannot be\n found, after reasonable effort, or in the case of a person who is without the\n Commonwealth, the person cannot be found or his post office address cannot be\n ascertained after reasonable effort;\n\n 4. The foster parent or foster parents or other care providers of the child;\n\n 5. The petitioning board or child welfare agency; and\n\n 6. Such other persons as the court, in its discretion, may direct. The local\n board of social services or other child welfare agency shall identify for the\n court such other persons as have a legitimate interest in the hearing,\n including, but not limited to, preadoptive parents for a child in foster care.\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 hearing, the court shall, upon the proof adduced in\naccordance with the best interests of the child and subject to the provisions of\nsubsection F, enter any appropriate order of disposition consistent with the\ndispositional alternatives available to the court at the time of the original\nhearing. The court order shall state whether reasonable efforts, if applicable,\nhave been made to reunite the child with his parents, guardian or other person\nstanding in loco parentis to the child. Any order entered at the conclusion of\nthis hearing that has the effect of achieving a permanent goal for the child by\nterminating residual parental rights pursuant to § 16.1-277.01,\n16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster\ncare pursuant to clause (iv) of subsection A of § 16.1-282.1; or, if the\nchild has attained the age of 16 years and the plan for the child is independent\nliving, directing the board or agency to provide the necessary services to\ntransition from foster care, pursuant to clause (v) of subsection A of §\n16.1-282.1 shall state whether reasonable efforts have been made to place the\nchild in a timely manner in accordance with the foster care plan and to complete\nthe steps necessary to finalize the permanent placement of the child.\n\nF. Any order transferring custody of the child to a relative other than the\nchild’s prior family shall be entered only upon a finding, based upon a\npreponderance of the evidence, that the relative is one who, after an\ninvestigation as directed by the court, (i) is found by the court to be willing\nand qualified to receive and care for the child; (ii) is willing to have a\npositive, continuous relationship with the child; (iii) is committed to\nproviding a permanent, suitable home for the child; and (iv) is willing and has\nthe ability to protect the child from abuse and neglect; and the order shall so\nstate. The court’s order transferring custody to a relative should further\nprovide for, as appropriate, any terms and conditions which would promote the\nchild’s interest and welfare; ongoing provision of social services to the\nchild and the child’s custodian; and court review of the child’s\nplacement.\n\nG. The court shall possess continuing jurisdiction over cases reviewed under\nthis section for so long as a child remains in a foster care placement or, when\na child is returned to his prior family subject to conditions imposed by the\ncourt, for so long as such conditions are effective. After the hearing required\npursuant to subsection C, the court shall schedule a permanency planning hearing\non the case to be held five months thereafter in accordance with §\n16.1-282.1 or within 30 days upon the petition of any party entitled to notice\nin proceedings under this section when the judge determines there is good cause\nshown for such a hearing. However, in the case of a child who is the subject of\nan order that has the effect of achieving a permanent goal for the child by\nterminating residual parental rights pursuant to § 16.1-277.01,\n16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster\ncare pursuant to clause (iv) of subsection A of § 16.1-282.1; or by\ndirecting the board or agency to provide the child with services to achieve\nindependent living status, if the child has attained the age of 16 years,\npursuant to clause (v) of subsection A of § 16.1-282.1, a permanency\nplanning hearing within five months shall not be required and the court shall\nschedule a foster care review hearing to be held within 12 months of the entry\nof such order in accordance with the provisions of § 16.1-282.2.\n\nHISTORY: 1977, c. 559; 1978, c. 740; 1982, c. 171; 1984, c. 71; 1987, c. 250;\n1991, c. 98; 1992, c. 869; 1994, cc. 223, 604, 865; 1997, c. 790; 1998, c. 550;\n1999, c. 889; 2000, c. 385; 2002, c. 512; 2008, cc. 475, 483, 678; 2009, c. 80;\n2011, c. 730; 2013, c. 130; 2019, cc. 282, 688.","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}}