{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-910.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-910.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-910.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-910.2.html"}],"law_id":56471,"edition_id":1,"section_id":56471,"structure_id":14390,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","history":"2017, c. 190; 2021, Sp. Sess. I, c. 535.","full_text":"A\n\nIf a child has been in foster care under the responsibility of a local board for 15 of the most recent 22 months or if the parent of a child in foster care 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 (i) 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; or (ii) 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, the local board shall file a petition to terminate the parental rights of the child’s parents and concurrently identify, recruit, process, and approve a qualified family for adoption of the child, unless:1\n\nAt the option of the local board, the child is being cared for by a relative;2\n\nThe local board has determined that the filing of such a petition would not be in the best interests of the child and has documented a compelling reason for such determination in the child’s foster care plan, such as (i) a relative has shown the will and ability to care for the child or (ii) the parent’s incarceration or participation in a court-ordered residential substance abuse treatment program constitutes the primary factor in the child’s placement in foster care, and termination of parental rights is not in the child’s best interests; or3\n\nThe local board has not provided to the family of the child, within the time period established in the child’s foster care plan, services deemed necessary for the child’s safe return home or has not otherwise made reasonable efforts to return the child home, if required under § 473(a)(15)(B)(ii) of Title IV-E of the Social Security Act (42 U.S.C. § 673).B\n\nAs used in this section, “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.","order_by":null,"text":{"0":{"id":206742,"text":"If a child has been in foster care under the responsibility of a local board for 15 of the most recent 22 months or if the parent of a child in foster care 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 (i) 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; or (ii) 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, the local board shall file a petition to terminate the parental rights of the child’s parents and concurrently identify, recruit, process, and approve a qualified family for adoption of the child, unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":206743,"text":"At the option of the local board, the child is being cared for by a relative;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":206744,"text":"The local board has determined that the filing of such a petition would not be in the best interests of the child and has documented a compelling reason for such determination in the child’s foster care plan, such as (i) a relative has shown the will and ability to care for the child or (ii) the parent’s incarceration or participation in a court-ordered residential substance abuse treatment program constitutes the primary factor in the child’s placement in foster care, and termination of parental rights is not in the child’s best interests; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":206745,"text":"The local board has not provided to the family of the child, within the time period established in the child’s foster care plan, services deemed necessary for the child’s safe return home or has not otherwise made reasonable efforts to return the child home, if required under § 473(a)(15)(B)(ii) of Title IV-E of the Social Security Act (42 U.S.C. § 673).","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":206746,"text":"As used in this section, “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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":14390,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14389,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271971,"object_type":"structure","relational_id":14390,"identifier":"1","token":"63.2\/III\/9\/1","url":"\/63.2\/III\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14389,"edition_id":1,"name":"Foster Care","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271969,"object_type":"structure","relational_id":14389,"identifier":"9","token":"63.2\/III\/9","url":"\/63.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87280,"structure_id":14390,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","url":"\/63.2-900\/","token":"63.2\/III\/9\/1\/63.2-900","metadata":false},{"id":64851,"structure_id":14390,"section_number":"63.2-900.1","catch_line":"Kinship foster care","url":"\/63.2-900.1\/","token":"63.2\/III\/9\/1\/63.2-900.1","metadata":false},{"id":70505,"structure_id":14390,"section_number":"63.2-900.2","catch_line":"Placement of sibling groups; 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enrollment in Commonwealth's program of medical assistance","url":"\/63.2-905.4\/","token":"63.2\/III\/9\/1\/63.2-905.4","metadata":false},{"id":56947,"structure_id":14390,"section_number":"63.2-905.5","catch_line":"Survey of children aging out of foster care","url":"\/63.2-905.5\/","token":"63.2\/III\/9\/1\/63.2-905.5","metadata":false},{"id":73230,"structure_id":14390,"section_number":"63.2-905.6","catch_line":"Notice of eligibility for certain federal benefits","url":"\/63.2-905.6\/","token":"63.2\/III\/9\/1\/63.2-905.6","metadata":false},{"id":80427,"structure_id":14390,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","url":"\/63.2-906\/","token":"63.2\/III\/9\/1\/63.2-906","metadata":false},{"id":86904,"structure_id":14390,"section_number":"63.2-906.1","catch_line":"Qualified residential treatment programs","url":"\/63.2-906.1\/","token":"63.2\/III\/9\/1\/63.2-906.1","metadata":false},{"id":81818,"structure_id":14390,"section_number":"63.2-907","catch_line":"Administrative review of children in foster care","url":"\/63.2-907\/","token":"63.2\/III\/9\/1\/63.2-907","metadata":false},{"id":83951,"structure_id":14390,"section_number":"63.2-908","catch_line":"Permanent foster care placement","url":"\/63.2-908\/","token":"63.2\/III\/9\/1\/63.2-908","metadata":false},{"id":59063,"structure_id":14390,"section_number":"63.2-909","catch_line":"Child support for child placed in foster care by court","url":"\/63.2-909\/","token":"63.2\/III\/9\/1\/63.2-909","metadata":false},{"id":63433,"structure_id":14390,"section_number":"63.2-910","catch_line":"Child support for child placed in foster care where legal custody remains with parent or guardian","url":"\/63.2-910\/","token":"63.2\/III\/9\/1\/63.2-910","metadata":false},{"id":60943,"structure_id":14390,"section_number":"63.2-910.1","catch_line":"Acceptance of children by local departments of social services","url":"\/63.2-910.1\/","token":"63.2\/III\/9\/1\/63.2-910.1","metadata":false},{"id":56471,"structure_id":14390,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","url":"\/63.2-910.2\/","token":"63.2\/III\/9\/1\/63.2-910.2","metadata":false},{"id":68598,"structure_id":14390,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","url":"\/63.2-911\/","token":"63.2\/III\/9\/1\/63.2-911","metadata":false},{"id":82345,"structure_id":14390,"section_number":"63.2-912","catch_line":"Visitation of child placed in foster care","url":"\/63.2-912\/","token":"63.2\/III\/9\/1\/63.2-912","metadata":false},{"id":75827,"structure_id":14390,"section_number":"63.2-912.1","catch_line":"Notification of certain rights of foster parents of public school students","url":"\/63.2-912.1\/","token":"63.2\/III\/9\/1\/63.2-912.1","metadata":false},{"id":65725,"structure_id":14390,"section_number":"63.2-913","catch_line":"Establishment of minimum training requirements","url":"\/63.2-913\/","token":"63.2\/III\/9\/1\/63.2-913","metadata":false},{"id":57259,"structure_id":14390,"section_number":"63.2-913.1","catch_line":"Caseload standard","url":"\/63.2-913.1\/","token":"63.2\/III\/9\/1\/63.2-913.1","metadata":false},{"id":80392,"structure_id":14390,"section_number":"63.2-914","catch_line":"Not in effect","url":"\/63.2-914\/","token":"63.2\/III\/9\/1\/63.2-914","metadata":false},{"id":61194,"structure_id":14390,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","url":"\/63.2-915\/","token":"63.2\/III\/9\/1\/63.2-915","metadata":false},{"id":57653,"structure_id":14390,"section_number":"63.2-916","catch_line":"Notice of developmental disabilities","url":"\/63.2-916\/","token":"63.2\/III\/9\/1\/63.2-916","metadata":false}],"previous_section":{"id":60943,"structure_id":14390,"section_number":"63.2-910.1","catch_line":"Acceptance of children by local departments of social services","url":"\/63.2-910.1\/","token":"63.2\/III\/9\/1\/63.2-910.1","metadata":false},"next_section":{"id":68598,"structure_id":14390,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","url":"\/63.2-911\/","token":"63.2\/III\/9\/1\/63.2-911","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-910.2\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 190<\/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":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\/"}],"refers_to":false,"permalink":{"id":272077,"object_type":"law","relational_id":56471,"identifier":"63.2-910.2","token":"63.2\/III\/9\/1\/63.2-910.2","url":"\/63.2-910.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-910.2\/","token":"63.2\/III\/9\/1\/63.2-910.2","dublin_core":{"Title":"Petition to terminate parental rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-910.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a child<\/span> has been in foster care under the responsibility of a local board<\/span> for 15 of the most recent 22 months or if the parent of a child<\/span> in foster care 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 (i) 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<\/span> of the parent, a child<\/span> with whom the parent resided at the time such offense<\/span> occurred, or the other parent of the child<\/span>; or (ii) 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<\/span> of the parent or a child<\/span> with whom the parent resided at the time of such offense<\/span>, the local board<\/span> shall file a petition<\/span> to terminate the parental rights of the child<\/span>’s parents and concurrently identify, recruit, process, and approve a qualified family for adoption of the child<\/span>, unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At the option of the local board<\/span>, the child<\/span> is being cared for by a relative; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The local board<\/span> has determined that the filing of such a petition<\/span> would not be in the best interests of the child<\/span> and has documented a compelling reason for such determination in the child<\/span>’s foster care plan, such as (i) a relative has shown the will and ability to care for the child<\/span> or (ii) the parent’s incarceration or participation in a court<\/span>-ordered residential substance abuse treatment<\/span> program constitutes the primary factor in the child<\/span>’s placement in foster care, and termination of parental rights is not in the child<\/span>’s best interests; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The local board<\/span> has not provided to the family of the child<\/span>, within the time period established in the child<\/span>’s foster care plan, services deemed necessary for the child<\/span>’s safe return home or has not otherwise made reasonable efforts to return the child<\/span> home, if required under § 473(a)(15)(B)(ii) of Title IV-E of the Social Security Act (42 U.S.C. § 673). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this section, “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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION TO TERMINATE PARENTAL RIGHTS (\u00a7 63.2-910.2)\n\nA. If a child has been in foster care under the responsibility of a local board\nfor 15 of the most recent 22 months or if the parent of a child in foster care\nhas been convicted of an offense under the laws of the Commonwealth or a\nsubstantially similar law of any other state, the United States, or any foreign\njurisdiction that constitutes (i) murder or voluntary manslaughter, or a felony\nattempt, conspiracy, or solicitation to commit any such offense, if the victim\nof the offense was a child of the parent, a child with whom the parent resided\nat the time such offense occurred, or the other parent of the child; or (ii)\nfelony assault resulting in serious bodily injury or felony bodily wounding\nresulting in serious bodily injury or felony sexual assault, if the victim of\nthe offense was a child of the parent or a child with whom the parent resided at\nthe time of such offense, the local board shall file a petition to terminate the\nparental rights of the child’s parents and concurrently identify, recruit,\nprocess, and approve a qualified family for adoption of the child, unless:\n\n 1. At the option of the local board, the child is being cared for by a\n relative;\n\n 2. The local board has determined that the filing of such a petition would not\n be in the best interests of the child and has documented a compelling reason\n for such determination in the child’s foster care plan, such as (i) a\n relative has shown the will and ability to care for the child or (ii) the\n parent’s incarceration or participation in a court-ordered residential\n substance abuse treatment program constitutes the primary factor in the\n child’s placement in foster care, and termination of parental rights is\n not in the child’s best interests; or\n\n 3. The local board has not provided to the family of the child, within the\n time period established in the child’s foster care plan, services deemed\n necessary for the child’s safe return home or has not otherwise made\n reasonable efforts to return the child home, if required under §\n 473(a)(15)(B)(ii) of Title IV-E of the Social Security Act (42 U.S.C. §\n 673).\n\nB. As used in this section, “serious bodily injury” means bodily\ninjury that involves substantial risk of death, extreme physical pain,\nprotracted and obvious disfigurement, or protracted loss or impairment of the\nfunction of a bodily member, organ, or mental faculty.\n\nHISTORY: 2017, c. 190; 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}}