                                 CODE OF VIRGINIA

EMERGENCY REMOVAL ORDER (§ 16.1-251)

A. A child may be taken into immediate custody and placed in shelter care
pursuant to an emergency removal order in cases in which the child is alleged to
have been abused or neglected. Such order may be issued ex parte by the court
upon a petition supported by an affidavit or by sworn testimony in person before
the judge or intake officer which establishes that:

   1. The child would be subjected to an imminent threat to life or health to the
   extent that severe or irremediable injury would be likely to result if the
   child were returned to or left in the custody of his parents, guardian, legal
   custodian or other person standing in loco parentis pending a final hearing on
   the petition.

   2. Reasonable efforts have been made to prevent removal of the child from his
   home and there are no alternatives less drastic than removal of the child from
   his home which could reasonably protect the child&#8217;s life or health
   pending a final hearing on the petition. The alternatives less drastic than
   removal may include but not be limited to the provision of medical,
   educational, psychiatric, psychological, homemaking or other similar services
   to the child or family or the issuance of a preliminary protective order
   pursuant to &#xA7; 16.1-253.
   				If the petitioner fails to obtain an emergency removal order within four
   hours of taking custody of the child, the affidavit or sworn testimony before
   the judge or intake officer shall state the reasons therefor.
   				When a child is removed from his home and there is no reasonable
   opportunity to provide preventive services, reasonable efforts to prevent
   removal shall be deemed to have been made.
   				The petitioner shall not be required by the court to make reasonable
   efforts to prevent removal of the child from his home if the court finds 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)
   on the basis of clear and convincing evidence, the parent has subjected any
   child to aggravated circumstances or abandoned a child under circumstances
   that would justify the termination of residual parental rights pursuant to
   subsection D of &#xA7; 16.1-283.
   				As used in this section:
   				&#8220;Aggravated circumstances&#8221; 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 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.
   				&#8220;Chronic abuse&#8221; or &#8220;chronic sexual abuse&#8221; means
   recurring acts of physical abuse that place the child&#8217;s health, safety
   and well-being at risk.
   				&#8220;Serious bodily injury&#8221; 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.
   				&#8220;Severe abuse&#8221; or &#8220;severe sexual abuse&#8221; may
   include an act or omission that occurred only once but otherwise meets the
   definition of &#8220;aggravated circumstances.&#8221;

B. Whenever a child is taken into immediate custody pursuant to an emergency
removal order, a hearing shall be held in accordance with &#xA7; 16.1-252 as
soon as practicable, but in no event later than five business days after the
removal of the child.

C. In the emergency removal order the court shall give consideration to
temporary placement of the child with a person with a legitimate interest under
the supervision of the local department of social services, until such time as
the hearing in accordance with &#xA7; 16.1-252 is held.

D. The local department of social services having &#8220;legal custody&#8221; of
a child as defined in &#xA7; 16.1-228 (i) shall not be required to comply with
the requirements of this section in order to redetermine where and with whom the
child shall live, notwithstanding that the child had been placed with a natural
parent.

HISTORY: 1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769;
2000, c. 385; 2003, c. 508; 2017, c. 190; 2019, c. 434.