{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-283.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-283.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-283.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-283.html"}],"law_id":75076,"edition_id":1,"section_id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","history":"1977, c. 559; 1978, c. 340; 1979, c. 281; 1980, c. 295; 1985, c. 584; 1987, c. 6; 1988, c. 791; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, cc. 664, 729; 2012, cc. 476, 507; 2019, c. 434; 2021, Sp. Sess. I, c. 535.","full_text":"A\n\nThe residual parental rights of a parent or parents may be terminated by the court as hereinafter provided in a separate proceeding if the petition specifically requests such relief. No petition seeking termination of residual parental rights shall be accepted by the court prior to the filing of a foster care plan, pursuant to § 16.1-281, which documents termination of residual parental rights as being in the best interests of the child. The court may hear and adjudicate a petition for termination of parental rights in the same proceeding in which the court has approved a foster care plan which documents that termination is in the best interests of the child. The court may terminate the residual parental rights of one parent without affecting the rights of the other parent. The local board of social services or a licensed child-placing agency need not have identified an available and eligible family to adopt a child for whom termination of parental rights is being sought prior to the entry of an order terminating parental rights.\n\t\t\tAny order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or transferring custody to a person with a legitimate interest. However, in such cases the court shall give a consideration to granting custody to a person with a legitimate interest, and if custody is not granted to a person with a legitimate interest, the judge shall communicate to the parties the basis for such decision either orally or in writing. An order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto.\n\t\t\tThe summons shall be served upon the parent or parents and the other parties specified in § 16.1-263. Written notice of the hearing shall also be provided to the foster parents of the child, a relative providing care for the child, and any preadoptive parents for the child informing them that they may appear as witnesses at the hearing to give testimony and otherwise participate in the proceeding. The persons entitled to notice and an opportunity to be heard need not be made parties to the proceedings. The summons or notice of hearing shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264.A1\n\nAny order transferring custody of the child to a person with a legitimate interest pursuant to subsection A shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who, after an investigation as directed by the court, (i) is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court’s order transferring custody to a person with a legitimate interest should further provide, as appropriate, for any terms and conditions that would promote the child’s interest and welfare.B\n\nThe residual parental rights of a parent or parents of a child found by the court to be neglected or abused and placed in foster care as a result of (i) court commitment; (ii) an entrustment agreement entered into by the parent or parents; or (iii) other voluntary relinquishment by the parent or parents may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:1\n\nThe neglect or abuse suffered by such child presented a serious and substantial threat to his life, health or development; and2\n\nIt is not reasonably likely that the conditions which resulted in such neglect or abuse can be substantially corrected or eliminated so as to allow the child’s safe return to his parent or parents within a reasonable period of time. In making this determination, the court shall take into consideration the efforts made to rehabilitate the parent or parents by any public or private social, medical, mental health or other rehabilitative agencies prior to the child’s initial placement in foster care.\n\t\t\t\tProof of any of the following shall constitute prima facie evidence of the conditions set forth in subdivision B 2:\n\t\t\t\ta. The parent or parents have a mental or emotional illness or intellectual disability of such severity that there is no reasonable expectation that such parent will be able to undertake responsibility for the care needed by the child in accordance with his age and stage of development;\n\t\t\t\tb. The parent or parents have habitually abused or are addicted to intoxicating liquors, narcotics or other dangerous drugs to the extent that proper parental ability has been seriously impaired and the parent, without good cause, has not responded to or followed through with recommended and available treatment which could have improved the capacity for adequate parental functioning; or\n\t\t\t\tc. The parent or parents, without good cause, have not responded to or followed through with appropriate, available and reasonable rehabilitative efforts on the part of social, medical, mental health or other rehabilitative agencies designed to reduce, eliminate or prevent the neglect or abuse of the child.C\n\nThe residual parental rights of a parent or parents of a child placed in foster care as a result of court commitment, an entrustment agreement entered into by the parent or parents or other voluntary relinquishment by the parent or parents may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:1\n\nThe parent or parents have, without good cause, failed to maintain continuing contact with and to provide or substantially plan for the future of the child for a period of six months after the child’s placement in foster care notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to communicate with the parent or parents and to strengthen the parent-child relationship. Proof that the parent or parents have failed without good cause to communicate on a continuing and planned basis with the child for a period of six months shall constitute prima facie evidence of this condition; or2\n\nThe parent or parents, without good cause, have been unwilling or unable within a reasonable period of time not to exceed 12 months from the date the child was placed in foster care to remedy substantially the conditions which led to or required continuation of the child’s foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end. Proof that the parent or parents, without good cause, have failed or been unable to make substantial progress towards elimination of the conditions which led to or required continuation of the child’s foster care placement in accordance with their obligations under and within the time limits or goals set forth in a foster care plan filed with the court or any other plan jointly designed and agreed to by the parent or parents and a public or private social, medical, mental health or other rehabilitative agency shall constitute prima facie evidence of this condition. The court shall take into consideration the prior efforts of such agencies to rehabilitate the parent or parents prior to the placement of the child in foster care.D\n\nThe residual parental rights of a parent or parents of a child found by the court to be neglected or abused upon the ground of abandonment may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:1\n\nThe child was abandoned under such circumstances that either the identity or the whereabouts of the parent or parents cannot be determined; and2\n\nThe child’s parent or parents, guardian, or relatives have not come forward to identify such child and claim a relationship to the child within three months following the issuance of an order by the court placing the child in foster care; and3\n\nDiligent efforts have been made to locate the child’s parent or parents, guardian, or relatives without avail.E\n\nThe residual parental rights of a parent or parents of a child who is in the custody of a local board or licensed child-placing agency may be terminated by the court if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) the parent has subjected any child to aggravated circumstances.\n\t\t\tAs used in this section:\n\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or a child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life, or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse which place the child’s health, safety and well-being at risk.\n\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once, but otherwise meets the definition of “aggravated circumstances.”\n\t\t\tThe local board or other child welfare agency having custody of the child shall not be required by the court to make reasonable efforts to reunite the child with a parent who has been convicted of one of the felonies specified in this subsection or who has been found by the court to have subjected any child to aggravated circumstances.F\n\nThe local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first written Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.G\n\nNotwithstanding any other provisions of this section, residual parental rights shall not be terminated if it is established that the child, if he is 14 years of age or older or otherwise of an age of discretion as determined by the court, objects to such termination. However, residual parental rights of a child 14 years of age or older may be terminated over the objection of the child, if the court finds that any disability of the child reduces the child’s developmental age and that the child is not otherwise of an age of discretion.","order_by":null,"text":{"0":{"id":269657,"text":"The residual parental rights of a parent or parents may be terminated by the court as hereinafter provided in a separate proceeding if the petition specifically requests such relief. No petition seeking termination of residual parental rights shall be accepted by the court prior to the filing of a foster care plan, pursuant to § 16.1-281, which documents termination of residual parental rights as being in the best interests of the child. The court may hear and adjudicate a petition for termination of parental rights in the same proceeding in which the court has approved a foster care plan which documents that termination is in the best interests of the child. The court may terminate the residual parental rights of one parent without affecting the rights of the other parent. The local board of social services or a licensed child-placing agency need not have identified an available and eligible family to adopt a child for whom termination of parental rights is being sought prior to the entry of an order terminating parental rights.\n\t\t\tAny order terminating residual parental rights shall be accompanied by an order continuing or granting custody to a local board of social services or to a licensed child-placing agency or transferring custody to a person with a legitimate interest. However, in such cases the court shall give a consideration to granting custody to a person with a legitimate interest, and if custody is not granted to a person with a legitimate interest, the judge shall communicate to the parties the basis for such decision either orally or in writing. An order continuing or granting custody to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto.\n\t\t\tThe summons shall be served upon the parent or parents and the other parties specified in § 16.1-263. Written notice of the hearing shall also be provided to the foster parents of the child, a relative providing care for the child, and any preadoptive parents for the child informing them that they may appear as witnesses at the hearing to give testimony and otherwise participate in the proceeding. The persons entitled to notice and an opportunity to be heard need not be made parties to the proceedings. The summons or notice of hearing shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":269658,"text":"Any order transferring custody of the child to a person with a legitimate interest pursuant to subsection A shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who, after an investigation as directed by the court, (i) is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court’s order transferring custody to a person with a legitimate interest should further provide, as appropriate, for any terms and conditions that would promote the child’s interest and welfare.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":269659,"text":"The residual parental rights of a parent or parents of a child found by the court to be neglected or abused and placed in foster care as a result of (i) court commitment; (ii) an entrustment agreement entered into by the parent or parents; or (iii) other voluntary relinquishment by the parent or parents may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"B1"},"3":{"id":269660,"text":"The neglect or abuse suffered by such child presented a serious and substantial threat to his life, health or development; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"4":{"id":269661,"text":"It is not reasonably likely that the conditions which resulted in such neglect or abuse can be substantially corrected or eliminated so as to allow the child’s safe return to his parent or parents within a reasonable period of time. In making this determination, the court shall take into consideration the efforts made to rehabilitate the parent or parents by any public or private social, medical, mental health or other rehabilitative agencies prior to the child’s initial placement in foster care.\n\t\t\t\tProof of any of the following shall constitute prima facie evidence of the conditions set forth in subdivision B 2:\n\t\t\t\ta. The parent or parents have a mental or emotional illness or intellectual disability of such severity that there is no reasonable expectation that such parent will be able to undertake responsibility for the care needed by the child in accordance with his age and stage of development;\n\t\t\t\tb. The parent or parents have habitually abused or are addicted to intoxicating liquors, narcotics or other dangerous drugs to the extent that proper parental ability has been seriously impaired and the parent, without good cause, has not responded to or followed through with recommended and available treatment which could have improved the capacity for adequate parental functioning; or\n\t\t\t\tc. The parent or parents, without good cause, have not responded to or followed through with appropriate, available and reasonable rehabilitative efforts on the part of social, medical, mental health or other rehabilitative agencies designed to reduce, eliminate or prevent the neglect or abuse of the child.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"5":{"id":269662,"text":"The residual parental rights of a parent or parents of a child placed in foster care as a result of court commitment, an entrustment agreement entered into by the parent or parents or other voluntary relinquishment by the parent or parents may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"6":{"id":269663,"text":"The parent or parents have, without good cause, failed to maintain continuing contact with and to provide or substantially plan for the future of the child for a period of six months after the child’s placement in foster care notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to communicate with the parent or parents and to strengthen the parent-child relationship. Proof that the parent or parents have failed without good cause to communicate on a continuing and planned basis with the child for a period of six months shall constitute prima facie evidence of this condition; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":269664,"text":"The parent or parents, without good cause, have been unwilling or unable within a reasonable period of time not to exceed 12 months from the date the child was placed in foster care to remedy substantially the conditions which led to or required continuation of the child’s foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end. Proof that the parent or parents, without good cause, have failed or been unable to make substantial progress towards elimination of the conditions which led to or required continuation of the child’s foster care placement in accordance with their obligations under and within the time limits or goals set forth in a foster care plan filed with the court or any other plan jointly designed and agreed to by the parent or parents and a public or private social, medical, mental health or other rehabilitative agency shall constitute prima facie evidence of this condition. The court shall take into consideration the prior efforts of such agencies to rehabilitate the parent or parents prior to the placement of the child in foster care.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"8":{"id":269665,"text":"The residual parental rights of a parent or parents of a child found by the court to be neglected or abused upon the ground of abandonment may be terminated if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"9":{"id":269666,"text":"The child was abandoned under such circumstances that either the identity or the whereabouts of the parent or parents cannot be determined; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"10":{"id":269667,"text":"The child’s parent or parents, guardian, or relatives have not come forward to identify such child and claim a relationship to the child within three months following the issuance of an order by the court placing the child in foster care; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"11":{"id":269668,"text":"Diligent efforts have been made to locate the child’s parent or parents, guardian, or relatives without avail.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"12":{"id":269669,"text":"The residual parental rights of a parent or parents of a child who is in the custody of a local board or licensed child-placing agency may be terminated by the court if the court finds, based upon clear and convincing evidence, that it is in the best interests of the child and that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) the parent has subjected any child to aggravated circumstances.\n\t\t\tAs used in this section:\n\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or a child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life, or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse which place the child’s health, safety and well-being at risk.\n\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once, but otherwise meets the definition of “aggravated circumstances.”\n\t\t\tThe local board or other child welfare agency having custody of the child shall not be required by the court to make reasonable efforts to reunite the child with a parent who has been convicted of one of the felonies specified in this subsection or who has been found by the court to have subjected any child to aggravated circumstances.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"13":{"id":269670,"text":"The local board or licensed child-placing agency to which authority is given to place the child for adoption and consent thereto after an order terminating parental rights is entered shall file a written Adoption Progress Report with the juvenile court on the progress being made to place the child in an adoptive home. The report shall be filed with the court every six months from the date of the final order terminating parental rights until a final order of adoption is entered on behalf of the child in the circuit court. At the conclusion of the hearing at which termination of parental rights is ordered and authority is given to the local board or licensed child-placing agency to place the child for adoption, the juvenile court shall schedule a date by which the board or agency shall file the first written Adoption Progress Report required by this section. A copy of the Adoption Progress Report shall be sent by the court to the guardian ad litem for the child. The court may schedule a hearing on the report with or without the request of a party.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":269671,"text":"Notwithstanding any other provisions of this section, residual parental rights shall not be terminated if it is established that the child, if he is 14 years of age or older or otherwise of an age of discretion as determined by the court, objects to such termination. However, residual parental rights of a child 14 years of age or older may be terminated over the objection of the child, if the court finds that any disability of the child reduces the child’s developmental age and that the child is not otherwise of an age of discretion.","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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-283\/","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 12 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 340; in 1979, chapter 281; in 1980, chapter 295; in 1985, chapter 584; in 1987, chapter 6; in 1988, chapter 791; in 1998, chapter 550<\/a>; in 1999, chapter 889<\/a>; in 2000, chapter 385<\/a>; in 2002, chapters 664<\/a> and 729<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2019, chapter 434<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"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":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"id":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":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":74001,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","order_by":null,"url":"\/16.1-283.1\/"},{"id":85194,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","order_by":null,"url":"\/16.1-283.2\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":72577,"section_number":"22.1-213.1","catch_line":"Definition of \"parent.\"","order_by":null,"url":"\/22.1-213.1\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":65888,"section_number":"63.2-1220.2","catch_line":"Authority to enter into post-adoption contact and communication agreements","order_by":null,"url":"\/63.2-1220.2\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"},{"id":66316,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","order_by":null,"url":"\/63.2-1522\/"},{"id":58382,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","order_by":null,"url":"\/63.2-1523\/"},{"id":65069,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","order_by":null,"url":"\/64.2-102\/"}],"refers_to":[{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"}],"permalink":{"id":161907,"object_type":"law","relational_id":75076,"identifier":"16.1-283","token":"16.1\/11\/9\/16.1-283","url":"\/16.1-283\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","dublin_core":{"Title":"Termination of residual parental rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-283","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The residual parental rights of a parent<\/span> or parents<\/span> may be terminated by the court<\/span> as hereinafter provided in a separate proceeding if the petition<\/span> specifically requests such relief. No petition<\/span> seeking termination of residual parental rights shall be accepted by the court<\/span> prior to the filing of a foster care plan, pursuant to § 16.1-281<\/a>, which documents termination of residual parental rights as being in the best interests of the child. The court<\/span> may hear and adjudicate<\/span> a petition<\/span> for termination of parental rights in the same proceeding in which the court<\/span> has approved a foster care plan which documents that termination is in the best interests of the child. The court<\/span> may terminate the residual parental rights of one parent<\/span> without affecting the rights of the other parent<\/span>. The local board of social services or a licensed child-placing agency need not have identified an available and eligible family to adopt a child for whom termination of parental rights is being sought prior to the entry of an order<\/span> terminating parental rights.\n\t\t\tAny order<\/span> terminating residual parental rights shall be accompanied by an order<\/span> continuing or granting custody<\/span> to a local board of social services or to a licensed child-placing agency or transferring custody<\/span> to a person with a legitimate interest. However, in such cases the court<\/span> shall give a consideration to granting custody<\/span> to a person with a legitimate interest, and if custody<\/span> is not granted to a person with a legitimate interest, the judge<\/span> shall communicate to the parties the basis for such decision either orally or in writing. An order<\/span> continuing or granting custody<\/span> to a local board of social services or to a licensed child-placing agency shall indicate whether that board or agency shall have the authority to place the child for adoption and consent thereto.\n\t\t\tThe summons<\/span> shall be served upon the parent<\/span> or parents<\/span> and the other parties specified in § 16.1-263<\/a>. Written notice of the hearing<\/span> shall also be provided to the foster parents<\/span> of the child, a relative providing care for the child, and any preadoptive parents<\/span> for the child informing them that they may appear as witnesses at the hearing<\/span> to give testimony<\/span> and otherwise participate in the proceeding. The persons entitled to notice and an opportunity to be heard need not be made parties to the proceedings. The summons<\/span> or notice of hearing<\/span> shall clearly state the consequences of a termination of residual parental rights. Service shall be made pursuant to § 16.1-264<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Any order<\/span> transferring custody<\/span> of the child to a person with a legitimate interest pursuant to subsection A shall be entered only upon a finding<\/span>, based upon a preponderance of the evidence<\/span>, that such person is one who, after an investigation as directed by the court<\/span>, (i) is found by the court<\/span> to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order<\/span> shall so state. The court<\/span>’s order<\/span> transferring custody<\/span> to a person with a legitimate interest should further provide, as appropriate, for any terms and conditions that would promote the child’s interest and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The residual parental rights of a parent<\/span> or parents<\/span> of a child found by the court<\/span> to be neglected or abused and placed in foster care as a result of (i) court commitment; (ii) an entrustment agreement entered into by the parent<\/span> or parents<\/span>; or (iii) other voluntary relinquishment by the parent<\/span> or parents<\/span> may be terminated if the court<\/span> finds, based upon clear and convincing evidence, that it is in the best interests of the child and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The neglect or abuse suffered by such child presented a serious and substantial threat to his life, health or development; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It is not reasonably likely that the conditions which resulted in such neglect or abuse can be substantially corrected or eliminated so as to allow the child’s safe return to his parent<\/span> or parents<\/span> within a reasonable period of time. In making this determination, the court<\/span> shall take into consideration the efforts made to rehabilitate the parent<\/span> or parents<\/span> by any public or private social, medical, mental health or other rehabilitative agencies prior to the child’s initial placement in foster care.\n\t\t\t\tProof of any of the following shall constitute prima facie evidence of the conditions set forth in subdivision B 2:\n\t\t\t\ta. The parent<\/span> or parents<\/span> have a mental or emotional illness or intellectual disability of such severity that there is no reasonable expectation that such parent<\/span> will be able to undertake responsibility for the care needed by the child in accordance with his age and stage of development;\n\t\t\t\tb. The parent<\/span> or parents<\/span> have habitually abused or are addicted to intoxicating liquors, narcotics or other dangerous drugs to the extent that proper parental ability has been seriously impaired and the parent<\/span>, without good cause, has not responded to or followed through with recommended and available treatment which could have improved the capacity for adequate parental functioning; or\n\t\t\t\tc. The parent<\/span> or parents<\/span>, without good cause, have not responded to or followed through with appropriate, available and reasonable rehabilitative efforts on the part of social, medical, mental health or other rehabilitative agencies designed to reduce, eliminate or prevent the neglect or abuse of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The residual parental rights of a parent<\/span> or parents<\/span> of a child placed in foster care as a result of court commitment, an entrustment agreement entered into by the parent<\/span> or parents<\/span> or other voluntary relinquishment by the parent<\/span> or parents<\/span> may be terminated if the court<\/span> finds, based upon clear and convincing evidence, that it is in the best interests of the child and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The parent<\/span> or parents<\/span> have, without good cause, failed to maintain continuing contact with and to provide or substantially plan for the future of the child for a period of six months after the child’s placement in foster care notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to communicate with the parent<\/span> or parents<\/span> and to strengthen the parent<\/span>-child relationship. Proof that the parent<\/span> or parents<\/span> have failed without good cause to communicate on a continuing and planned basis with the child for a period of six months shall constitute prima facie evidence of this condition; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The parent<\/span> or parents<\/span>, without good cause, have been unwilling or unable within a reasonable period of time not to exceed 12 months from the date the child was placed in foster care to remedy substantially the conditions which led to or required continuation of the child’s foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end. Proof that the parent<\/span> or parents<\/span>, without good cause, have failed or been unable to make substantial progress towards elimination of the conditions which led to or required continuation of the child’s foster care placement in accordance with their obligations under and within the time limits or goals set forth in a foster care plan filed with the court<\/span> or any other plan jointly designed and agreed to by the parent<\/span> or parents<\/span> and a public or private social, medical, mental health or other rehabilitative agency shall constitute prima facie evidence of this condition. The court<\/span> shall take into consideration the prior efforts of such agencies to rehabilitate the parent<\/span> or parents<\/span> prior to the placement of the child in foster care. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The residual parental rights of a parent<\/span> or parents<\/span> of a child found by the court<\/span> to be neglected or abused upon the ground of abandonment may be terminated if the court<\/span> finds, based upon clear and convincing evidence, that it is in the best interests of the child and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child was abandoned under such circumstances that either the identity or the whereabouts of the parent<\/span> or parents<\/span> cannot be determined; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child’s parent<\/span> or parents<\/span>, guardian, or relatives have not come forward to identify such child and claim a relationship to the child within three months following the issuance of an order<\/span> by the court<\/span> placing the child in foster care; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Diligent efforts have been made to locate the child’s parent<\/span> or parents<\/span>, guardian, or relatives without avail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The residual parental rights of a parent<\/span> or parents<\/span> of a child who is in the custody<\/span> of a local board or licensed child-placing agency may be terminated by the court<\/span> if the court<\/span> finds, based upon clear and convincing evidence, that it is in the best interests of the child and that (i) the residual parental rights of the parent<\/span> regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent<\/span> has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States or any foreign jurisdiction<\/span> that constitutes murder<\/span> or voluntary manslaughter<\/span>, or a felony<\/span> attempt, conspiracy or solicitation to commit any such offense<\/span>, if the victim of the offense<\/span> was a child of the parent<\/span>, a child with whom the parent<\/span> resided at the time such offense<\/span> occurred or the other parent<\/span> of the child; (iii) the parent<\/span> has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States or any foreign jurisdiction<\/span> that constitutes felony<\/span> assault<\/span> resulting in serious bodily injury<\/span> or felony<\/span> bodily wounding resulting in serious bodily injury<\/span> or felony<\/span> sexual assault<\/span>, if the victim of the offense<\/span> was a child of the parent<\/span> or a child with whom the parent<\/span> resided at the time of such offense<\/span>; or (iv) the parent<\/span> has subjected any child to aggravated circumstances<\/span>.\n\t\t\tAs used in this section:\n\t\t\t“Aggravated circumstances<\/span>” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent<\/span> or a child with whom the parent<\/span> resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life, or (ii) has resulted in the death of such a child or in serious bodily injury<\/span> to such a child.\n\t\t\t“Chronic abuse<\/span>” or “chronic sexual abuse<\/span>” means recurring acts of physical abuse which place the child’s health, safety and well-being at risk.\n\t\t\t“Serious bodily injury<\/span>” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once, but otherwise meets the definition of “aggravated circumstances<\/span>.”\n\t\t\tThe local board or other child welfare agency<\/span> having custody<\/span> of the child shall not be required by the court<\/span> to make reasonable efforts to reunite the child with a parent<\/span> who has been convicted of one of the felonies specified in this subsection or who has been found by the court<\/span> to have subjected any child to aggravated circumstances<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

G.<\/span> Notwithstanding any other provisions of this section, residual parental rights shall not be terminated if it is established that the child, if he is 14 years of age or older or otherwise of an age of discretion as determined by the court<\/span>, objects<\/span> to such termination. However, residual parental rights of a child 14 years of age or older may be terminated over the objection of the child, if the court<\/span> finds that any disability of the child reduces the child’s developmental age and that the child is not otherwise of an age of discretion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTERMINATION OF RESIDUAL PARENTAL RIGHTS (\u00a7 16.1-283)\n\nA. The residual parental rights of a parent or parents may be terminated by the\ncourt as hereinafter provided in a separate proceeding if the petition\nspecifically requests such relief. No petition seeking termination of residual\nparental rights shall be accepted by the court prior to the filing of a foster\ncare plan, pursuant to § 16.1-281, which documents termination of residual\nparental rights as being in the best interests of the child. The court may hear\nand adjudicate a petition for termination of parental rights in the same\nproceeding in which the court has approved a foster care plan which documents\nthat termination is in the best interests of the child. The court may terminate\nthe residual parental rights of one parent without affecting the rights of the\nother parent. The local board of social services or a licensed child-placing\nagency need not have identified an available and eligible family to adopt a\nchild for whom termination of parental rights is being sought prior to the entry\nof an order terminating parental rights.\n\t\t\tAny order terminating residual parental rights shall be accompanied by an\norder continuing or granting custody to a local board of social services or to a\nlicensed child-placing agency or transferring custody to a person with a\nlegitimate interest. However, in such cases the court shall give a consideration\nto granting custody to a person with a legitimate interest, and if custody is\nnot granted to a person with a legitimate interest, the judge shall communicate\nto the parties the basis for such decision either orally or in writing. An order\ncontinuing or granting custody to a local board of social services or to a\nlicensed child-placing agency shall indicate whether that board or agency shall\nhave the authority to place the child for adoption and consent thereto.\n\t\t\tThe summons shall be served upon the parent or parents and the other parties\nspecified in § 16.1-263. Written notice of the hearing shall also be\nprovided to the foster parents of the child, a relative providing care for the\nchild, and any preadoptive parents for the child informing them that they may\nappear as witnesses at the hearing to give testimony and otherwise participate\nin the proceeding. The persons entitled to notice and an opportunity to be heard\nneed not be made parties to the proceedings. The summons or notice of hearing\nshall clearly state the consequences of a termination of residual parental\nrights. Service shall be made pursuant to § 16.1-264.\n\nA1. Any order transferring custody of the child to a person with a legitimate\ninterest pursuant to subsection A shall be entered only upon a finding, based\nupon a preponderance of the evidence, that such person 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 person with a\nlegitimate interest should further provide, as appropriate, for any terms and\nconditions that would promote the child’s interest and welfare.\n\nB. The residual parental rights of a parent or parents of a child found by the\ncourt to be neglected or abused and placed in foster care as a result of (i)\ncourt commitment; (ii) an entrustment agreement entered into by the parent or\nparents; or (iii) other voluntary relinquishment by the parent or parents may be\nterminated if the court finds, based upon clear and convincing evidence, that it\nis in the best interests of the child and that:\n\n 1. The neglect or abuse suffered by such child presented a serious and\n substantial threat to his life, health or development; and\n\n 2. It is not reasonably likely that the conditions which resulted in such\n neglect or abuse can be substantially corrected or eliminated so as to allow\n the child’s safe return to his parent or parents within a reasonable\n period of time. In making this determination, the court shall take into\n consideration the efforts made to rehabilitate the parent or parents by any\n public or private social, medical, mental health or other rehabilitative\n agencies prior to the child’s initial placement in foster care.\n \t\t\t\tProof of any of the following shall constitute prima facie evidence of the\n conditions set forth in subdivision B 2:\n \t\t\t\ta. The parent or parents have a mental or emotional illness or\n intellectual disability of such severity that there is no reasonable\n expectation that such parent will be able to undertake responsibility for the\n care needed by the child in accordance with his age and stage of development;\n \t\t\t\tb. The parent or parents have habitually abused or are addicted to\n intoxicating liquors, narcotics or other dangerous drugs to the extent that\n proper parental ability has been seriously impaired and the parent, without\n good cause, has not responded to or followed through with recommended and\n available treatment which could have improved the capacity for adequate\n parental functioning; or\n \t\t\t\tc. The parent or parents, without good cause, have not responded to or\n followed through with appropriate, available and reasonable rehabilitative\n efforts on the part of social, medical, mental health or other rehabilitative\n agencies designed to reduce, eliminate or prevent the neglect or abuse of the\n child.\n\nC. The residual parental rights of a parent or parents of a child placed in\nfoster care as a result of court commitment, an entrustment agreement entered\ninto by the parent or parents or other voluntary relinquishment by the parent or\nparents may be terminated if the court finds, based upon clear and convincing\nevidence, that it is in the best interests of the child and that:\n\n 1. The parent or parents have, without good cause, failed to maintain\n continuing contact with and to provide or substantially plan for the future of\n the child for a period of six months after the child’s placement in\n foster care notwithstanding the reasonable and appropriate efforts of social,\n medical, mental health or other rehabilitative agencies to communicate with\n the parent or parents and to strengthen the parent-child relationship. Proof\n that the parent or parents have failed without good cause to communicate on a\n continuing and planned basis with the child for a period of six months shall\n constitute prima facie evidence of this condition; or\n\n 2. The parent or parents, without good cause, have been unwilling or unable\n within a reasonable period of time not to exceed 12 months from the date the\n child was placed in foster care to remedy substantially the conditions which\n led to or required continuation of the child’s foster care placement,\n notwithstanding the reasonable and appropriate efforts of social, medical,\n mental health or other rehabilitative agencies to such end. Proof that the\n parent or parents, without good cause, have failed or been unable to make\n substantial progress towards elimination of the conditions which led to or\n required continuation of the child’s foster care placement in accordance\n with their obligations under and within the time limits or goals set forth in\n a foster care plan filed with the court or any other plan jointly designed and\n agreed to by the parent or parents and a public or private social, medical,\n mental health or other rehabilitative agency shall constitute prima facie\n evidence of this condition. The court shall take into consideration the prior\n efforts of such agencies to rehabilitate the parent or parents prior to the\n placement of the child in foster care.\n\nD. The residual parental rights of a parent or parents of a child found by the\ncourt to be neglected or abused upon the ground of abandonment may be terminated\nif the court finds, based upon clear and convincing evidence, that it is in the\nbest interests of the child and that:\n\n 1. The child was abandoned under such circumstances that either the identity\n or the whereabouts of the parent or parents cannot be determined; and\n\n 2. The child’s parent or parents, guardian, or relatives have not come\n forward to identify such child and claim a relationship to the child within\n three months following the issuance of an order by the court placing the child\n in foster care; and\n\n 3. Diligent efforts have been made to locate the child’s parent or\n parents, guardian, or relatives without avail.\n\nE. The residual parental rights of a parent or parents of a child who is in the\ncustody of a local board or licensed child-placing agency may be terminated by\nthe court if the court finds, based upon clear and convincing evidence, that it\nis in the best interests of the child and that (i) the residual parental rights\nof the parent regarding a sibling of the child have previously been\ninvoluntarily terminated; (ii) the parent has been convicted of an offense under\nthe laws of the Commonwealth or a substantially similar law of any other state,\nthe United States or any foreign jurisdiction that constitutes murder or\nvoluntary manslaughter, or a felony attempt, conspiracy or solicitation to\ncommit any such offense, if the victim of the offense was a child of the parent,\na child with whom the parent resided at the time such offense occurred or the\nother parent of the child; (iii) the parent has been convicted of an offense\nunder the laws of the Commonwealth or a substantially similar law of any other\nstate, the United States or any foreign jurisdiction that constitutes felony\nassault resulting in serious bodily injury or felony bodily wounding resulting\nin serious bodily injury or felony sexual assault, if the victim of the offense\nwas a child of the parent or a child with whom the parent resided at the time of\nsuch offense; or (iv) the parent has subjected any child to aggravated\ncircumstances.\n\t\t\tAs used in this section:\n\t\t\t“Aggravated circumstances” means torture, chronic or severe\nabuse, or chronic or severe sexual abuse, if the victim of such conduct was a\nchild of the parent or a child with whom the parent resided at the time such\nconduct occurred, including the failure to protect such a child from such\nconduct, which conduct or failure to protect: (i) evinces a wanton or depraved\nindifference to human life, or (ii) has resulted in the death of such a child or\nin serious bodily injury to such a child.\n\t\t\t“Chronic abuse” or “chronic sexual abuse” means\nrecurring acts of physical abuse which place the child’s health, safety\nand well-being at risk.\n\t\t\t“Serious bodily injury” means bodily injury that involves\nsubstantial risk of death, extreme physical pain, protracted and obvious\ndisfigurement, or protracted loss or impairment of the function of a bodily\nmember, organ or mental faculty.\n\t\t\t“Severe abuse” or “severe sexual abuse” may include\nan act or omission that occurred only once, but otherwise meets the definition\nof “aggravated circumstances.”\n\t\t\tThe local board or other child welfare agency having custody of the child\nshall not be required by the court to make reasonable efforts to reunite the\nchild with a parent who has been convicted of one of the felonies specified in\nthis subsection or who has been found by the court to have subjected any child\nto aggravated circumstances.\n\nF. The local board or licensed child-placing agency to which authority is given\nto place the child for adoption and consent thereto after an order terminating\nparental rights is entered shall file a written Adoption Progress Report with\nthe juvenile court on the progress being made to place the child in an adoptive\nhome. The report shall be filed with the court every six months from the date of\nthe final order terminating parental rights until a final order of adoption is\nentered on behalf of the child in the circuit court. At the conclusion of the\nhearing at which termination of parental rights is ordered and authority is\ngiven to the local board or licensed child-placing agency to place the child for\nadoption, the juvenile court shall schedule a date by which the board or agency\nshall file the first written Adoption Progress Report required by this section.\nA copy of the Adoption Progress Report shall be sent by the court to the\nguardian ad litem for the child. The court may schedule a hearing on the report\nwith or without the request of a party.\n\nG. Notwithstanding any other provisions of this section, residual parental\nrights shall not be terminated if it is established that the child, if he is 14\nyears of age or older or otherwise of an age of discretion as determined by the\ncourt, objects to such termination. However, residual parental rights of a child\n14 years of age or older may be terminated over the objection of the child, if\nthe court finds that any disability of the child reduces the child’s\ndevelopmental age and that the child is not otherwise of an age of discretion.\n\nHISTORY: 1977, c. 559; 1978, c. 340; 1979, c. 281; 1980, c. 295; 1985, c. 584;\n1987, c. 6; 1988, c. 791; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, cc.\n664, 729; 2012, cc. 476, 507; 2019, c. 434; 2021, Sp. Sess. I, c. 535.","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}}