                                 CODE OF VIRGINIA

TIME FOR FILING OF REPORTS; COPIES FURNISHED TO ATTORNEYS; AMENDED REPORTS; FEES
(§ 16.1-274)

A. Whenever any court directs an investigation pursuant to subdivision A of
&#xA7; 16.1-237 or &#xA7; 16.1-273 or 9.1-153, or an evaluation pursuant to
&#xA7; 16.1-278.5, the probation officer, court-appointed special advocate, or
other agency conducting such investigation shall file such report with the clerk
of the court directing the investigation. The clerk shall furnish a copy of such
report to all attorneys representing parties in the matter before the court no
later than 72 hours, and in cases of child custody, 15 days, prior to the time
set by the court for hearing the matter. If such probation officer or other
agency discovers additional information or a change in circumstance after the
filing of the report, an amended report shall be filed forthwith and a copy sent
to each person who received a copy of the original report. Whenever such a
report is not filed or an amended report is filed, the court shall grant such
continuance of the proceedings as justice requires. All attorneys receiving such
report or amended report shall return such to the clerk upon the conclusion of
the hearing and shall not make copies of such report or amended report or any
portion thereof. However, the chief judge of each juvenile and domestic
relations district court may provide for an alternative means of copying and
distributing reports or amended reports referenced above.

B. Notwithstanding the provisions of &#xA7;&#xA7; 16.1-69.48:2 and 17.1-275,
when the court directs the appropriate local department of social services to
conduct supervised visitation or directs the appropriate local department of
social services or court services unit to conduct an investigation pursuant to
&#xA7; 16.1-273 or to provide mediation services in matters involving a
child&#8217;s custody, visitation, or support, the court shall assess a fee
against the petitioner, the respondent, or both, in accordance with fee
schedules established by the appropriate local board of social services when the
service is provided by a local department of social services or by a court
services unit. The fee schedules shall include (i) standards for determining the
paying party&#8217;s or parties&#8217; ability to pay and (ii) a scale of fees
based on the paying party&#8217;s or parties&#8217; income and family size and
the actual cost of the services provided. The fee charged shall not exceed the
actual cost of the service. The fee shall be assessed as a cost of the case and
shall be paid as prescribed by the court to the local department of social
services, locally operated court services unit or Department of Juvenile
Justice, whichever performed the service, unless payment is waived. The method
and medium for payment for such services shall be determined by the local
department of social services, Department of Juvenile Justice, or the locally
operated court services unit that provided the services.

C. When a local department of social services or any court services unit is
requested by another local department or court services unit in the Commonwealth
or by a similar department or entity in another state to conduct an
investigation involving a child&#8217;s custody, visitation or support pursuant
to &#xA7; 16.1-273 or, in the case of a request from another state pursuant to a
provision corresponding to &#xA7; 16.1-273, or to provide mediation services, or
for a local department of social services to provide supervised visitation, the
local department or the court services unit performing the service may require
payment of fees prior to conducting the investigation or providing mediation
services or supervised visitation.

D. In any matter in which the court appoints a guardian ad litem to represent a
child, such guardian ad litem shall conduct an investigation in accordance with
the Standards to Govern the Performance of Guardians Ad Litem for Children
established by the Judicial Council of Virginia. Prior to the commencement of
the dispositional hearing of any such matter, the guardian ad litem shall file
with the court, with a copy to all attorneys representing parties to such matter
and all parties proceeding pro se in such matter, a certification of the
guardian ad litem&#8217;s compliance with the Standards to Govern the
Performance of Guardians Ad Litem for Children established by the Judicial
Council of Virginia, specifically addressing compliance with such standards
requiring face-to-face contact with the child in such certification. The
guardian ad litem shall document the hours spent satisfying such face-to-face
contact requirements in such certification, which shall be compensated at the
same rate as that for in-court service.

HISTORY: Code 1950, § 16.1-208.1; 1972, c. 111; 1975, c. 286; 1977, c. 559;
1983, c. 174; 1987, c. 5; 1989, c. 725; 1990, c. 752; 1991, cc. 534, 618; 1992,
c. 554; 1993, c. 975; 2001, c. 364; 2006, c. 675; 2012, cc. 164, 456; 2020, c.
21; 2022, c. 543.