{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-283.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-283.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-283.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-283.2.html"}],"law_id":85194,"edition_id":1,"section_id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","history":"2013, cc. 338, 685.","full_text":"A\n\nIf a child is in the custody of the local department of social services and a pre-adoptive parent or parents have not been identified and approved for the child, the child’s guardian ad litem or the local board of social services may file a petition to restore the previously terminated parental rights of the child’s parent under the following circumstances:1\n\nThe child is at least 14 years of age;2\n\nThe child was previously adjudicated to be an abused or neglected child, child in need of services, child in need of supervision, or delinquent child;3\n\nThe parent’s rights were terminated under a final order pursuant to subsection B, C, or D of § 16.1-283 at least two years prior to the filing of the petition to restore parental rights;4\n\nThe child has not achieved his permanency goal or the permanency goal was achieved but not sustained; and5\n\nThe child, if he is 14 years of age or older, and the parent whose rights are to be reinstated consent to the restoration of the parental rights.B\n\nNotwithstanding the provisions of subsection A, the court may accept (i) a petition involving a child younger than 14 years of age if (a) the child is the sibling of a child for whom a petition for restoration of parental rights has been filed and the child who is younger than 14 years of age meets all other criteria for restoration of parental rights set forth in subsection A, or (b) the child’s guardian ad litem and the local department of social services jointly file the petition for restoration; or (ii) a petition filed before the expiration of the two-year period following termination of parental rights if the child will turn 18 before the expiration of the two-year period, and the court finds that accepting such a petition is in the best interest of the child.C\n\nThe court shall set a hearing on the petition and serve notice of the hearing along with a copy of the petition on the former parent of the child whose rights are the subject of the petition, any other parent who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and either the child’s guardian ad litem or the local board of social services, whichever is not the petitioner.D\n\nIf the court finds, based upon clear and convincing evidence, that the parent is willing and able to (i) receive and care for the child; (ii) have a positive, continuous relationship with the child; (iii) provide a permanent, suitable home for the child; and (iv) protect the child from abuse and neglect, the court may enter an order permitting the local board of social services to place the child with the former parent whose rights are the subject of the petition, subject to the requirements of the placement plan developed pursuant to subsection E and for visitation required pursuant to subsection F.E\n\nWithin 60 days of the filing of the petition for restoration of parental rights and prior to the entry of an order pursuant to subsection D, the local board of social services shall develop a written placement plan for the child, which shall (i) describe the programs, services, and other supports that shall be offered to the child and the former parent with whom the child has been placed and (ii) set forth requirements for the participation of the former parent with whom the child has been placed in programs and services described in the placement plan and the conduct of the child’s former parent with whom the child has been placed. Such plan shall be incorporated into the order entered pursuant to subsection D.F\n\nFollowing the placement of a child with his former parent following entry of an order pursuant to subsection D, the director of the local department of social services shall cause the child to be visited by an agent of such local board or local department at least three times within the six-month period immediately following placement of the child in order to evaluate the suitability of the placement and the progress of the former parent toward remedying the factors and conditions that led to or required continuation of the child’s foster care placement; however, no less than 90 days shall elapse between the first visit and the last visit. At least one of the visits shall be conducted in the home of the former parent whose rights are the subject of the petition in the presence of the former parent.G\n\nUpon completion of the visitation required pursuant to subsection F, the director of the local department of social services shall make a written report to the court, in such form as the Commissioner of Social Services may prescribe, describing (i) findings made as a result of the visits required pursuant to subsection F and (ii) findings and information related to the former parent’s compliance with requirements of the placement plan developed pursuant to subsection E.H\n\nUpon receipt of the report required pursuant to subsection G, the court shall set a hearing on the petition for restoration of parental rights and serve notice of the hearing, along with a copy of the report required pursuant to subsection G, on the former parent of the child whose rights are the subject of the petition, any other parent who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and the child’s guardian ad litem.I\n\nIf, upon consideration of the report required pursuant to subsection G, the court finds by clear and convincing evidence that the restoration of parental rights is in the child’s best interest, the court shall enter an order restoring the parental rights of the child’s parent. In determining whether restoration is in the best interest of the child, the court shall consider the following:1\n\nWhether the parent whose rights are to be reinstated agrees to the reinstatement and has substantially remedied the conditions that led to or required continuation of the child’s foster care placement;2\n\nThe age and maturity of the child and whether the child consents to the reinstatement of the former parent’s rights, if the child is 14 years of age or older, or the child’s preference with regard to the reinstatement of the former parent’s rights, if the child is younger than 14 years of age;3\n\nWhether the restoration of parental rights will present a risk to the child’s life, health, or development;4\n\nWhether the restoration of parental rights will affect benefits available to the child; and5\n\nOther material changes in circumstances, if any, that warrant the granting of the petition.J\n\nThe court may revoke its order permitting the placement of a child with his former parent pursuant to subsection D at any time prior to entry of an order restoring parental rights to the former parent of the child, for good cause shown, on its own motion or on the motion of the child’s guardian ad litem or the local department.K\n\nA petition for restoration of parental rights filed while the child is younger than 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of an order of restoration of parental rights. Any order restoring parental rights to a parent of a child pursuant to this section entered after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the court.L\n\nThe granting of a petition under this section does not vacate the findings of fact or conclusions of law contained in the original order that terminated the parental rights of the child’s parent.","order_by":null,"text":{"0":{"id":305313,"text":"If a child is in the custody of the local department of social services and a pre-adoptive parent or parents have not been identified and approved for the child, the child’s guardian ad litem or the local board of social services may file a petition to restore the previously terminated parental rights of the child’s parent under the following circumstances:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":305314,"text":"The child is at least 14 years of age;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":305315,"text":"The child was previously adjudicated to be an abused or neglected child, child in need of services, child in need of supervision, or delinquent child;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":305316,"text":"The parent’s rights were terminated under a final order pursuant to subsection B, C, or D of § 16.1-283 at least two years prior to the filing of the petition to restore parental rights;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":305317,"text":"The child has not achieved his permanency goal or the permanency goal was achieved but not sustained; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":305318,"text":"The child, if he is 14 years of age or older, and the parent whose rights are to be reinstated consent to the restoration of the parental rights.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":305319,"text":"Notwithstanding the provisions of subsection A, the court may accept (i) a petition involving a child younger than 14 years of age if (a) the child is the sibling of a child for whom a petition for restoration of parental rights has been filed and the child who is younger than 14 years of age meets all other criteria for restoration of parental rights set forth in subsection A, or (b) the child’s guardian ad litem and the local department of social services jointly file the petition for restoration; or (ii) a petition filed before the expiration of the two-year period following termination of parental rights if the child will turn 18 before the expiration of the two-year period, and the court finds that accepting such a petition is in the best interest of the child.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":305320,"text":"The court shall set a hearing on the petition and serve notice of the hearing along with a copy of the petition on the former parent of the child whose rights are the subject of the petition, any other parent who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and either the child’s guardian ad litem or the local board of social services, whichever is not the petitioner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":305321,"text":"If the court finds, based upon clear and convincing evidence, that the parent is willing and able to (i) receive and care for the child; (ii) have a positive, continuous relationship with the child; (iii) provide a permanent, suitable home for the child; and (iv) protect the child from abuse and neglect, the court may enter an order permitting the local board of social services to place the child with the former parent whose rights are the subject of the petition, subject to the requirements of the placement plan developed pursuant to subsection E and for visitation required pursuant to subsection F.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":305322,"text":"Within 60 days of the filing of the petition for restoration of parental rights and prior to the entry of an order pursuant to subsection D, the local board of social services shall develop a written placement plan for the child, which shall (i) describe the programs, services, and other supports that shall be offered to the child and the former parent with whom the child has been placed and (ii) set forth requirements for the participation of the former parent with whom the child has been placed in programs and services described in the placement plan and the conduct of the child’s former parent with whom the child has been placed. Such plan shall be incorporated into the order entered pursuant to subsection D.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":305323,"text":"Following the placement of a child with his former parent following entry of an order pursuant to subsection D, the director of the local department of social services shall cause the child to be visited by an agent of such local board or local department at least three times within the six-month period immediately following placement of the child in order to evaluate the suitability of the placement and the progress of the former parent toward remedying the factors and conditions that led to or required continuation of the child’s foster care placement; however, no less than 90 days shall elapse between the first visit and the last visit. At least one of the visits shall be conducted in the home of the former parent whose rights are the subject of the petition in the presence of the former parent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":305324,"text":"Upon completion of the visitation required pursuant to subsection F, the director of the local department of social services shall make a written report to the court, in such form as the Commissioner of Social Services may prescribe, describing (i) findings made as a result of the visits required pursuant to subsection F and (ii) findings and information related to the former parent’s compliance with requirements of the placement plan developed pursuant to subsection E.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":305325,"text":"Upon receipt of the report required pursuant to subsection G, the court shall set a hearing on the petition for restoration of parental rights and serve notice of the hearing, along with a copy of the report required pursuant to subsection G, on the former parent of the child whose rights are the subject of the petition, any other parent who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and the child’s guardian ad litem.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"13":{"id":305326,"text":"If, upon consideration of the report required pursuant to subsection G, the court finds by clear and convincing evidence that the restoration of parental rights is in the child’s best interest, the court shall enter an order restoring the parental rights of the child’s parent. In determining whether restoration is in the best interest of the child, the court shall consider the following:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"14":{"id":305327,"text":"Whether the parent whose rights are to be reinstated agrees to the reinstatement and has substantially remedied the conditions that led to or required continuation of the child’s foster care placement;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"15":{"id":305328,"text":"The age and maturity of the child and whether the child consents to the reinstatement of the former parent’s rights, if the child is 14 years of age or older, or the child’s preference with regard to the reinstatement of the former parent’s rights, if the child is younger than 14 years of age;","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"16":{"id":305329,"text":"Whether the restoration of parental rights will present a risk to the child’s life, health, or development;","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"I4"},"17":{"id":305330,"text":"Whether the restoration of parental rights will affect benefits available to the child; and","type":"section","prefixes":["I","4"],"prefix":"4","entire_prefix":"I4","prefix_anchor":"I4","level":2,"prior_prefix":"I3","next_prefix":"I5"},"18":{"id":305331,"text":"Other material changes in circumstances, if any, that warrant the granting of the petition.","type":"section","prefixes":["I","5"],"prefix":"5","entire_prefix":"I5","prefix_anchor":"I5","level":2,"prior_prefix":"I4","next_prefix":"J"},"19":{"id":305332,"text":"The court may revoke its order permitting the placement of a child with his former parent pursuant to subsection D at any time prior to entry of an order restoring parental rights to the former parent of the child, for good cause shown, on its own motion or on the motion of the child’s guardian ad litem or the local department.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I5","next_prefix":"K"},"20":{"id":305333,"text":"A petition for restoration of parental rights filed while the child is younger than 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of an order of restoration of parental rights. Any order restoring parental rights to a parent of a child pursuant to this section entered after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the court.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"21":{"id":305334,"text":"The granting of a petition under this section does not vacate the findings of fact or conclusions of law contained in the original order that terminated the parental rights of the child’s parent.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"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; 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This law was first created in 2013. The record of its establishment is cataloged in chapters 338<\/a> and 685<\/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.<\/p>","references":[{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":83191,"section_number":"9.1-151","catch_line":"Court-Appointed Special Advocate Program; appointment of advisory committee","order_by":null,"url":"\/9.1-151\/"}],"refers_to":[{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"}],"permalink":{"id":161915,"object_type":"law","relational_id":85194,"identifier":"16.1-283.2","token":"16.1\/11\/9\/16.1-283.2","url":"\/16.1-283.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","dublin_core":{"Title":"Restoration of parental rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-283.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a child is in the custody<\/span> of the local department<\/span> of social services and a pre-adoptive parent<\/span> or parents<\/span> have not been identified and approved for the child, the child’s guardian ad litem<\/span> or the local board of social services may file a petition<\/span> to restore the previously terminated parental rights of the child’s parent<\/span> under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child is at least 14 years of age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child was previously adjudicated to be an abused or neglected child<\/span>, child in need of services<\/span>, child in need of supervision, or delinquent child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The parent<\/span>’s rights were terminated under a final order<\/span> pursuant to subsection B, C, or D of § 16.1-283<\/a> at least two years prior to the filing of the petition<\/span> to restore parental rights; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The child has not achieved his permanency goal or the permanency goal was achieved but not sustained; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The child, if he is 14 years of age or older, and the parent<\/span> whose rights are to be reinstated consent to the restoration of the parental rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, the court<\/span> may accept (i) a petition<\/span> involving a child younger than 14 years of age if (a) the child is the sibling of a child for whom a petition<\/span> for restoration of parental rights has been filed and the child who is younger than 14 years of age meets all other criteria for restoration of parental rights set forth in subsection A, or (b) the child’s guardian ad litem<\/span> and the local department<\/span> of social services jointly file the petition<\/span> for restoration; or (ii) a petition<\/span> filed before the expiration of the two-year period following termination of parental rights if the child will turn 18 before the expiration of the two-year period, and the court<\/span> finds that accepting such a petition<\/span> is in the best interest of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall set a hearing<\/span> on the petition<\/span> and serve notice of the hearing<\/span> along with a copy of the petition<\/span> on the former parent<\/span> of the child whose rights are the subject of the petition<\/span>, any other parent<\/span> who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and either the child’s guardian ad litem<\/span> or the local board of social services, whichever is not the petitioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the court<\/span> finds, based upon clear and convincing evidence<\/span>, that the parent<\/span> is willing and able to (i) receive and care for the child; (ii) have a positive, continuous relationship with the child; (iii) provide a permanent, suitable home for the child; and (iv) protect the child from abuse and neglect, the court<\/span> may enter an order permitting the local board of social services to place the child with the former parent<\/span> whose rights are the subject of the petition<\/span>, subject to the requirements of the placement plan developed pursuant to subsection E and for visitation required pursuant to subsection F. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Within 60 days of the filing of the petition<\/span> for restoration of parental rights and prior to the entry of an order pursuant to subsection D, the local board of social services shall develop a written placement plan for the child, which shall (i) describe the programs, services, and other supports that shall be offered to the child and the former parent<\/span> with whom the child has been placed and (ii) set forth requirements for the participation of the former parent<\/span> with whom the child has been placed in programs and services described in the placement plan and the conduct of the child’s former parent<\/span> with whom the child has been placed. Such plan shall be incorporated into the order entered pursuant to subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Following the placement of a child with his former parent<\/span> following entry of an order pursuant to subsection D, the director<\/span> of the local department<\/span> of social services shall cause the child to be visited by an agent of such local board or local department<\/span> at least three times within the six-month period immediately following placement of the child in order to evaluate the suitability of the placement and the progress of the former parent<\/span> toward remedying the factors and conditions that led to or required continuation of the child’s foster care placement; however, no less than 90 days shall elapse between the first visit and the last visit. At least one of the visits shall be conducted in the home of the former parent<\/span> whose rights are the subject of the petition<\/span> in the presence of the former parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon completion of the visitation required pursuant to subsection F, the director<\/span> of the local department<\/span> of social services shall make a written report to the court<\/span>, in such form as the Commissioner of Social Services may prescribe, describing (i) findings<\/span> made as a result of the visits required pursuant to subsection F and (ii) findings<\/span> and information related to the former parent<\/span>’s compliance with requirements of the placement plan developed pursuant to subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Upon receipt of the report required pursuant to subsection G, the court<\/span> shall set a hearing<\/span> on the petition<\/span> for restoration of parental rights and serve notice of the hearing<\/span>, along with a copy of the report required pursuant to subsection G, on the former parent<\/span> of the child whose rights are the subject of the petition<\/span>, any other parent<\/span> who retains legal rights to the child, the child’s court-appointed special advocate, if one has been appointed, and the child’s guardian ad litem<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If, upon consideration of the report required pursuant to subsection G, the court<\/span> finds by clear and convincing evidence<\/span> that the restoration of parental rights is in the child’s best interest, the court<\/span> shall enter an order restoring the parental rights of the child’s parent<\/span>. In determining whether restoration is in the best interest of the child, the court<\/span> shall consider the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether the parent<\/span> whose rights are to be reinstated agrees to the reinstatement and has substantially remedied the conditions that led to or required continuation of the child’s foster care placement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The age and maturity of the child and whether the child consents to the reinstatement of the former parent<\/span>’s rights, if the child is 14 years of age or older, or the child’s preference with regard to the reinstatement of the former parent<\/span>’s rights, if the child is younger than 14 years of age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the restoration of parental rights will present a risk to the child’s life, health, or development; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whether the restoration of parental rights will affect benefits available to the child; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Other material<\/span> changes in circumstances, if any, that warrant the granting of the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The court<\/span> may revoke its order permitting the placement of a child with his former parent<\/span> pursuant to subsection D at any time prior to entry of an order restoring parental rights to the former parent<\/span> of the child, for good cause shown, on its own motion<\/span> or on the motion<\/span> of the child’s guardian ad litem<\/span> or the local department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> A petition<\/span> for restoration of parental rights filed while the child is younger than 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of an order of restoration of parental rights. Any order restoring parental rights to a parent<\/span> of a child pursuant to this section entered after a child reaches 18 years of age, where the petition<\/span> was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The granting of a petition<\/span> under this section does not vacate the findings<\/span> of fact<\/span> or conclusions of law<\/span> contained in the original order that terminated the parental rights of the child’s parent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTORATION OF PARENTAL RIGHTS (\u00a7 16.1-283.2)\n\nA. If a child is in the custody of the local department of social services and a\npre-adoptive parent or parents have not been identified and approved for the\nchild, the child’s guardian ad litem or the local board of social services\nmay file a petition to restore the previously terminated parental rights of the\nchild’s parent under the following circumstances:\n\n 1. The child is at least 14 years of age;\n\n 2. The child was previously adjudicated to be an abused or neglected child,\n child in need of services, child in need of supervision, or delinquent child;\n\n 3. The parent’s rights were terminated under a final order pursuant to\n subsection B, C, or D of § 16.1-283 at least two years prior to the\n filing of the petition to restore parental rights;\n\n 4. The child has not achieved his permanency goal or the permanency goal was\n achieved but not sustained; and\n\n 5. The child, if he is 14 years of age or older, and the parent whose rights\n are to be reinstated consent to the restoration of the parental rights.\n\nB. Notwithstanding the provisions of subsection A, the court may accept (i) a\npetition involving a child younger than 14 years of age if (a) the child is the\nsibling of a child for whom a petition for restoration of parental rights has\nbeen filed and the child who is younger than 14 years of age meets all other\ncriteria for restoration of parental rights set forth in subsection A, or (b)\nthe child’s guardian ad litem and the local department of social services\njointly file the petition for restoration; or (ii) a petition filed before the\nexpiration of the two-year period following termination of parental rights if\nthe child will turn 18 before the expiration of the two-year period, and the\ncourt finds that accepting such a petition is in the best interest of the child.\n\nC. The court shall set a hearing on the petition and serve notice of the hearing\nalong with a copy of the petition on the former parent of the child whose rights\nare the subject of the petition, any other parent who retains legal rights to\nthe child, the child’s court-appointed special advocate, if one has been\nappointed, and either the child’s guardian ad litem or the local board of\nsocial services, whichever is not the petitioner.\n\nD. If the court finds, based upon clear and convincing evidence, that the parent\nis willing and able to (i) receive and care for the child; (ii) have a positive,\ncontinuous relationship with the child; (iii) provide a permanent, suitable home\nfor the child; and (iv) protect the child from abuse and neglect, the court may\nenter an order permitting the local board of social services to place the child\nwith the former parent whose rights are the subject of the petition, subject to\nthe requirements of the placement plan developed pursuant to subsection E and\nfor visitation required pursuant to subsection F.\n\nE. Within 60 days of the filing of the petition for restoration of parental\nrights and prior to the entry of an order pursuant to subsection D, the local\nboard of social services shall develop a written placement plan for the child,\nwhich shall (i) describe the programs, services, and other supports that shall\nbe offered to the child and the former parent with whom the child has been\nplaced and (ii) set forth requirements for the participation of the former\nparent with whom the child has been placed in programs and services described in\nthe placement plan and the conduct of the child’s former parent with whom\nthe child has been placed. Such plan shall be incorporated into the order\nentered pursuant to subsection D.\n\nF. Following the placement of a child with his former parent following entry of\nan order pursuant to subsection D, the director of the local department of\nsocial services shall cause the child to be visited by an agent of such local\nboard or local department at least three times within the six-month period\nimmediately following placement of the child in order to evaluate the\nsuitability of the placement and the progress of the former parent toward\nremedying the factors and conditions that led to or required continuation of the\nchild’s foster care placement; however, no less than 90 days shall elapse\nbetween the first visit and the last visit. At least one of the visits shall be\nconducted in the home of the former parent whose rights are the subject of the\npetition in the presence of the former parent.\n\nG. Upon completion of the visitation required pursuant to subsection F, the\ndirector of the local department of social services shall make a written report\nto the court, in such form as the Commissioner of Social Services may prescribe,\ndescribing (i) findings made as a result of the visits required pursuant to\nsubsection F and (ii) findings and information related to the former\nparent’s compliance with requirements of the placement plan developed\npursuant to subsection E.\n\nH. Upon receipt of the report required pursuant to subsection G, the court shall\nset a hearing on the petition for restoration of parental rights and serve\nnotice of the hearing, along with a copy of the report required pursuant to\nsubsection G, on the former parent of the child whose rights are the subject of\nthe petition, any other parent who retains legal rights to the child, the\nchild’s court-appointed special advocate, if one has been appointed, and\nthe child’s guardian ad litem.\n\nI. If, upon consideration of the report required pursuant to subsection G, the\ncourt finds by clear and convincing evidence that the restoration of parental\nrights is in the child’s best interest, the court shall enter an order\nrestoring the parental rights of the child’s parent. In determining\nwhether restoration is in the best interest of the child, the court shall\nconsider the following:\n\n 1. Whether the parent whose rights are to be reinstated agrees to the\n reinstatement and has substantially remedied the conditions that led to or\n required continuation of the child’s foster care placement;\n\n 2. The age and maturity of the child and whether the child consents to the\n reinstatement of the former parent’s rights, if the child is 14 years of\n age or older, or the child’s preference with regard to the reinstatement\n of the former parent’s rights, if the child is younger than 14 years of\n age;\n\n 3. Whether the restoration of parental rights will present a risk to the\n child’s life, health, or development;\n\n 4. Whether the restoration of parental rights will affect benefits available\n to the child; and\n\n 5. Other material changes in circumstances, if any, that warrant the granting\n of the petition.\n\nJ. The court may revoke its order permitting the placement of a child with his\nformer parent pursuant to subsection D at any time prior to entry of an order\nrestoring parental rights to the former parent of the child, for good cause\nshown, on its own motion or on the motion of the child’s guardian ad litem\nor the local department.\n\nK. A petition for restoration of parental rights filed while the child is\nyounger than 18 years of age shall not become invalid because the child reaches\n18 years of age prior to the entry of an order of restoration of parental\nrights. Any order restoring parental rights to a parent of a child pursuant to\nthis section entered after a child reaches 18 years of age, where the petition\nwas filed prior to the child turning 18 years of age, shall have the same effect\nas if the child was under 18 years of age at the time the order was entered by\nthe court.\n\nL. The granting of a petition under this section does not vacate the findings of\nfact or conclusions of law contained in the original order that terminated the\nparental rights of the child’s parent.\n\nHISTORY: 2013, cc. 338, 685.","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}}