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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86609</law_id><section_number>16.1-278.4</section_number><catch_line>Children in need of services</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-926</reference><reference>16.1-228</reference><reference>16.1-278.5</reference><reference>16.1-278.6</reference><reference>16.1-281</reference><reference>16.1-286</reference><reference>16.1-292</reference><reference>16.1-298</reference><reference>63.2-100</reference><reference>63.2-906</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="9">Disposition</unit></structure><text>
						<section><p>If a child is found to be in need of services or a <span class="dictionary">status offender</span>, the <span class="dictionary">juvenile court</span> or the <span class="dictionary">circuit</span> court may make any of the following <span class="dictionary">orders</span> of <span class="dictionary">disposition</span> for the supervision, care and rehabilitation of the child:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Enter an <span class="dictionary">order</span> pursuant to the provisions of &#xA7; <a class="law" title="Cooperation of certain agencies, officials, institutions and associations" href="/16.1-278/">16.1-278</a>. <a id="paragraph-310199" class="section-permalink" href="https://vacode.org/16.1-278.4/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> Permit the child to remain with his <span class="dictionary">parent</span> subject to such conditions and limitations as <span class="dictionary">the court</span> may <span class="dictionary">order</span> with respect to such child and his <span class="dictionary">parent</span>. <a id="paragraph-310200" class="section-permalink" href="https://vacode.org/16.1-278.4/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> <span class="dictionary">Order</span> the <span class="dictionary">parent</span> with whom the child is living to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as <span class="dictionary">the court</span> may <span class="dictionary">order</span> and as are designed for the rehabilitation of the child and his <span class="dictionary">parent</span>. <a id="paragraph-310201" class="section-permalink" href="https://vacode.org/16.1-278.4/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Beginning July 1, 1992, in the case of any child fourteen years of age or older, where <span class="dictionary">the court</span> finds that the child is not able to benefit appreciably from further schooling, <span class="dictionary">the court</span> may excuse the child from further compliance with any legal requirement of compulsory school attendance as provided under &#xA7; <a class="law" title="Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article" href="/22.1-254/">22.1-254</a> or authorize the child, notwithstanding the provisions of any other <span class="dictionary">law</span>, to be employed in any occupation which is not legally declared hazardous for children under the age of eighteen. <a id="paragraph-310202" class="section-permalink" href="https://vacode.org/16.1-278.4/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> Permit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of &#xA7; <a class="law" title="Foster care plan" href="/16.1-281/">16.1-281</a>, in suitable family homes, child caring-institutions, residential facilities, or <span class="dictionary">independent living arrangements</span> with <span class="dictionary">legal custody</span> remaining with the <span class="dictionary">parents</span> or guardians. The local board or public agency and the <span class="dictionary">parents</span> or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of <span class="dictionary">the court</span> to review the child&#x2019;s status in foster care in accordance with subsection G of &#xA7; <a class="law" title="Foster care plan" href="/16.1-281/">16.1-281</a> or to review the foster care plan through a <span class="dictionary">petition</span> filed pursuant to subsection A of &#xA7; <a class="law" title="Foster care review" href="/16.1-282/">16.1-282</a>.
			Any <span class="dictionary">order</span> allowing a local board or public agency to place a child where <span class="dictionary">legal custody</span> remains with the <span class="dictionary">parents</span> or guardians as provided in this section shall be entered only upon a <span class="dictionary">finding</span> by <span class="dictionary">the court</span> that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child, and the <span class="dictionary">order</span> shall so state. <a id="paragraph-310203" class="section-permalink" href="https://vacode.org/16.1-278.4/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> Transfer <span class="dictionary">legal custody</span> to any of the following:
			a. A relative or other individual who, after study, is found by <span class="dictionary">the court</span> to be qualified to receive and care for the child;
			b. A <span class="dictionary">child welfare agency</span>, private organization or facility that is licensed or otherwise authorized by <span class="dictionary">law</span> to receive and provide care for such child. <span class="dictionary">The court</span> shall not transfer <span class="dictionary">legal custody</span> of a <span class="dictionary">child in need of services</span> to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or
			c. The local board of social services of the county or city in which <span class="dictionary">the court</span> has <span class="dictionary">jurisdiction</span> or, at the discretion of <span class="dictionary">the court</span>, to the local board of the county or city in which the child has residence if other than the county or city in which <span class="dictionary">the court</span> has <span class="dictionary">jurisdiction</span>. The local board shall accept the child for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which <span class="dictionary">the court</span> has <span class="dictionary">jurisdiction</span>, the local board may be required to accept a child for a period not to exceed fourteen days without prior notice or an opportunity to be heard if <span class="dictionary">the judge</span> entering the placement <span class="dictionary">order</span> describes the emergency and the need for such temporary placement in the <span class="dictionary">order</span>. Nothing in this subdivision shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of <span class="dictionary">the court</span> to review the child&#x2019;s status in foster care in accordance with subsection G of &#xA7; <a class="law" title="Foster care plan" href="/16.1-281/">16.1-281</a> or to review the foster care plan through a <span class="dictionary">petition</span> filed pursuant to subsection A of &#xA7; <a class="law" title="Foster care review" href="/16.1-282/">16.1-282</a>.
			Any <span class="dictionary">order</span> authorizing removal from the home and transferring <span class="dictionary">legal custody</span> of a child to a local board of social services as provided in this subdivision shall be entered only upon a <span class="dictionary">finding</span> by <span class="dictionary">the court</span> that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, and the <span class="dictionary">order</span> shall so state.
			A <span class="dictionary">finding</span> by <span class="dictionary">the court</span> that reasonable efforts were made to prevent removal of the child from his home shall not be required if <span class="dictionary">the court</span> finds that (i) the residual parental rights of the <span class="dictionary">parent</span> regarding a sibling of the child have previously been involuntarily terminated; (ii) the <span class="dictionary">parent</span> has been convicted of an <span class="dictionary">offense</span> under <span class="dictionary">the laws</span> of the Commonwealth or a substantially similar <span class="dictionary">law</span> of any other state, the United States, or any foreign <span class="dictionary">jurisdiction</span> that constitutes <span class="dictionary">murder</span> or voluntary <span class="dictionary">manslaughter</span>, or a <span class="dictionary">felony</span> attempt, conspiracy, or solicitation to commit any such <span class="dictionary">offense</span>, if the victim of the <span class="dictionary">offense</span> was a child of the <span class="dictionary">parent</span>, a child with whom the <span class="dictionary">parent</span> resided at the time such <span class="dictionary">offense</span> occurred, or the other <span class="dictionary">parent</span> of the child; (iii) the <span class="dictionary">parent</span> has been convicted of an <span class="dictionary">offense</span> under <span class="dictionary">the laws</span> of the Commonwealth or a substantially similar <span class="dictionary">law</span> of any other state, the United States, or any foreign <span class="dictionary">jurisdiction</span> that constitutes <span class="dictionary">felony</span> <span class="dictionary">assault</span> resulting in <span class="dictionary">serious bodily injury</span> or <span class="dictionary">felony</span> bodily wounding resulting in <span class="dictionary">serious bodily injury</span> or <span class="dictionary">felony</span> sexual <span class="dictionary">assault</span>, if the victim of the <span class="dictionary">offense</span> was a child of the <span class="dictionary">parent</span> or a child with whom the <span class="dictionary">parent</span> resided at the time of such <span class="dictionary">offense</span>; or (iv) on the basis of clear and convincing <span class="dictionary">evidence</span>, the <span class="dictionary">parent</span> has subjected any child to <span class="dictionary">aggravated circumstances</span>, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of &#xA7; <a class="law" title="Termination of residual parental rights" href="/16.1-283/">16.1-283</a>.
			As used in this section:
			&#x201C;<span class="dictionary">Aggravated circumstances</span>&#x201D; means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the <span class="dictionary">parent</span> or child with whom the <span class="dictionary">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 <span class="dictionary">serious bodily injury</span> to such a child.
			&#x201C;<span class="dictionary">Chronic abuse</span>&#x201D; or &#x201C;<span class="dictionary">chronic sexual abuse</span>&#x201D; means recurring acts of physical abuse that place the child&#x2019;s health, safety and well-being at risk.
			&#x201C;<span class="dictionary">Serious bodily injury</span>&#x201D; 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.
			&#x201C;Severe abuse&#x201D; or &#x201C;severe sexual abuse&#x201D; may include an act or omission that occurred only once but otherwise meets the definition of &#x201C;<span class="dictionary">aggravated circumstances</span>.&#x201D; <a id="paragraph-310204" class="section-permalink" href="https://vacode.org/16.1-278.4/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> Require the child to participate in a <span class="dictionary">public service project</span> under such conditions as <span class="dictionary">the court</span> prescribes. <a id="paragraph-310205" class="section-permalink" href="https://vacode.org/16.1-278.4/#7"><i class="fa fa-link"/></a></p></section></text><history>1991, c. 534; 1994, c. 865; 1997, c. 463; 1999, cc. 488, 552; 2002, c. 747; 2017, c. 190; 2022, c. 305.</history><metadata></metadata></law>
