                                 CODE OF VIRGINIA

PRELIMINARY REMOVAL ORDER; HEARING (§ 16.1-252)

A. A preliminary removal order in cases in which a child is alleged to have been
abused or neglected may be issued by the court after a hearing wherein the court
finds that reasonable efforts have been made to prevent removal of the child
from his home. The hearing shall be in the nature of a preliminary hearing
rather than a final determination of custody.

B. Prior to the removal hearing, notice of the hearing shall be given at least
24 hours in advance of the hearing to the guardian ad litem for the child, to
the parents, guardian, legal custodian or other person standing in loco parentis
of the child and to the child if he or she is 12 years of age or older. If
notice to the parents, guardian, legal custodian or other person standing in
loco parentis cannot be given despite diligent efforts to do so, the hearing
shall be held nonetheless, and the parents, guardian, legal custodian or other
person standing in loco parentis shall be afforded a later hearing on their
motion regarding a continuation of the summary removal order. The notice
provided herein shall include (i) the time, date and place for the hearing; (ii)
a specific statement of the factual circumstances which allegedly necessitate
removal of the child; and (iii) notice that child support will be considered if
a determination is made that the child must be removed from the home.

C. All parties to the hearing shall be informed of their right to counsel
pursuant to &#xA7; 16.1-266.

D. At the removal hearing the child and his parent, guardian, legal custodian or
other person standing in loco parentis shall have the right to confront and
cross-examine all adverse witnesses and evidence and to present evidence on
their own behalf. If the child was 14 years of age or under on the date of the
alleged offense and is 16 or under at the time of the hearing, the child&#8217;s
attorney or guardian ad litem, or if the child has been committed to the custody
of the Department of Social Services, the local department of social services,
may apply for an order from the court that the child&#8217;s testimony be taken
in a room outside the courtroom and be televised by two-way closed-circuit
television. The provisions of &#xA7; 63.2-1521 shall apply, mutatis mutandis, to
the use of two-way closed-circuit television except that the person seeking the
order shall apply for the order at least 48 hours before the hearing, unless the
court for good cause shown allows the application to be made at a later time.

E. In order for a preliminary order to issue or for an existing order to be
continued, the petitioning party or agency must prove:

   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; and

   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 and adequately 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.
   				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;

F. If the court determines that pursuant to subsection E hereof the removal of
the child is proper, the court shall:

   1. Order that the child be placed in the temporary care and custody of a
   suitable person, subject to the provisions of subsection F1 and under the
   supervision of the local department of social services, with consideration
   being given to placement in the temporary care and custody of a person with a
   legitimate interest until such time as the court enters an order of
   disposition pursuant to &#xA7; 16.1-278.2, or, if such placement is not
   available, in the care and custody of a suitable agency;

   2. Order that reasonable visitation be allowed between the child and his
   parents, guardian, legal custodian or other person standing in loco parentis,
   and between the child and his siblings, if such visitation would not endanger
   the child&#8217;s life or health; and

   3. Order that the parent or other legally obligated person pay child support
   pursuant to &#xA7; 16.1-290.
   				In addition, the court may enter a preliminary protective order pursuant
   to &#xA7; 16.1-253 imposing requirements and conditions as specified in that
   section which the court deems appropriate for protection of the welfare of the
   child.

F1. Prior to the entry of an order pursuant to subsection F transferring
temporary custody of the child to a person with a legitimate interest, the court
shall consider whether such person is one who (i) is willing and qualified to
receive and care for the child; (ii) is willing to have a positive, continuous
relationship with the child; and (iii) is willing and has the ability to protect
the child from abuse and neglect. The court&#8217;s order transferring temporary
custody to a person with a legitimate interest should provide for compliance
with any preliminary protective order entered on behalf of the child in
accordance with the provisions of &#xA7; 16.1-253; initiation and completion of
the investigation as directed by the court and court review of the child&#8217;s
placement required in accordance with the provisions of &#xA7; 16.1-278.2; and,
as appropriate, ongoing provision of social services to the child and the
temporary custodian.

G. At the conclusion of the preliminary removal order hearing, the court shall
determine whether the allegations of abuse or neglect have been proven by a
preponderance of the evidence. Any finding of abuse or neglect shall be stated
in the court order. However, if, before such a finding is made, a person
responsible for the care and custody of the child, the child&#8217;s guardian ad
litem or the local department of social services objects to a finding being made
at the hearing, the court shall schedule an adjudicatory hearing to be held
within 30 days of the date of the initial preliminary removal hearing. The
adjudicatory hearing shall be held to determine whether the allegations of abuse
and neglect have been proven by a preponderance of the evidence. Parties who are
present at the preliminary removal order hearing shall be given notice of the
date set for the adjudicatory hearing and parties who are not present shall be
summoned as provided in &#xA7; 16.1-263. The hearing shall be held and an order
may be entered, although a party to the preliminary removal order hearing fails
to appear and is not represented by counsel, provided personal or substituted
service was made on the person, or the court determines that such person cannot
be found, after reasonable effort, or in the case of a person who is without the
Commonwealth, the person cannot be found or his post office address cannot be
ascertained after reasonable effort.
			The preliminary removal order and any preliminary protective order issued
shall remain in full force and effect pending the adjudicatory hearing.

H. If the preliminary removal order includes a finding of abuse or neglect and
the child is removed from his home or a preliminary protective order is issued,
a dispositional hearing shall be held pursuant to &#xA7; 16.1-278.2. The
dispositional hearing shall be scheduled at the time of the preliminary removal
order hearing and shall be held within 60 days of the preliminary removal order
hearing. If an adjudicatory hearing is requested pursuant to subsection G, the
dispositional hearing shall nonetheless be scheduled at the initial preliminary
removal order hearing. All parties present at the preliminary removal order
hearing shall be given notice of the date scheduled for the dispositional
hearing; parties who are not present shall be summoned to appear as provided in
&#xA7; 16.1-263.

I. 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.

J. Violation of any order issued pursuant to this section shall constitute
contempt of court.

HISTORY: 1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769;
1994, c. 42; 1995, c. 817; 1997, c. 790; 1999, c. 668; 2000, c. 385; 2008, c.
397; 2013, c. 130; 2017, c. 190; 2019, c. 434.