                                 CODE OF VIRGINIA

APPROVAL OF ENTRUSTMENT AGREEMENT (§ 16.1-277.01)

A. In any case in which a child has been entrusted pursuant to § 63.2-903 or
63.2-1817 to the local board of social services or to a child welfare agency, a
petition for approval of the entrustment agreement by the board or agency:

   1. Shall be filed within a reasonable period of time, no later than 89 days
   after the execution of an entrustment agreement for less than 90 days, if the
   child is not returned to the caretaker from whom he was entrusted within that
   period;

   2. Shall be filed within a reasonable period of time, not to exceed 30 days
   after the execution of an entrustment agreement for 90 days or longer or for
   an unspecified period of time, if such entrustment agreement does not provide
   for the termination of all parental rights and responsibilities with respect
   to the child; and

   3. May be filed in the case of a permanent entrustment agreement which
   provides for the termination of all parental rights and responsibilities with
   respect to the child.
   				The board or agency shall file a foster care plan pursuant to &#xA7;
   16.1-281 to be heard with any petition for approval of an entrustment
   agreement.

B. Upon the filing of a petition for approval of an entrustment agreement
pursuant to subsection A of § 16.1-241, the court shall appoint a guardian ad
litem to represent the child in accordance with the provisions of § 16.1-266,
and shall schedule the matter for a hearing to be held as follows: within 45
days of the filing of a petition pursuant to subdivision A 1, A 2 or A 3, except
where an order of publication has been ordered by the court, in which case the
hearing shall be held within 75 days of the filing of the petition. The court
shall provide notice of the hearing and a copy of the petition to the following,
each of whom shall be a party entitled to participate in the proceeding:

   1. The local board of social services or child welfare agency;

   2. The child, if he is 12 years of age or older;

   3. The guardian ad litem for the child; and

   4. The child&#8217;s parents, guardian, legal custodian or other person
   standing in loco parentis to the child. No such notification shall be
   required, however, if the judge certifies on the record that the identity of
   the parent or guardian is not reasonably ascertainable. A birth father shall
   be given notice of the proceedings if he is an acknowledged father pursuant to
   &#xA7; 20-49.1, adjudicated pursuant to &#xA7; 20-49.8, or presumed pursuant
   to &#xA7; 63.2-1202, or has registered with the Virginia Birth Father Registry
   pursuant to Article 7 (&#xA7; 63.2-1249 et seq.). An affidavit of the mother
   that the identity of the father is not reasonably ascertainable shall be
   sufficient evidence of this fact, provided there is no other evidence before
   the court which would refute such an affidavit. Failure to register with the
   Virginia Birth Father Registry pursuant to Article 7 (&#xA7; 63.2-1249 et
   seq.) of Chapter 12 of Title 63.2 shall be evidence that the identity of the
   father is not reasonably ascertainable. The hearing shall be held and an order
   may be entered, although a parent, guardian, legal custodian or person
   standing in loco parentis 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. However, when a petition seeks approval of a permanent entrustment
   agreement which provides for the termination of all parental rights and
   responsibilities with respect to the child, a summons shall be served upon the
   parent or parents and the other parties specified in &#xA7; 16.1-263. The
   summons or notice of hearing shall clearly state the consequences of a
   termination of residual parental rights. Service shall be made pursuant to
   &#xA7; 16.1-264. The remaining parent&#8217;s parental rights may be
   terminated even though that parent has not entered into an entrustment
   agreement if the court finds, based upon clear and convincing evidence, that
   it is in the best interest of the child and that (i) the identity of the
   parent is not reasonably ascertainable; (ii) the identity and whereabouts of
   the parent are known or reasonably ascertainable, and the parent is personally
   served with notice of the termination proceeding pursuant to &#xA7; 8.01-296
   or 8.01-320; (iii) the whereabouts of the parent are not reasonably
   ascertainable and the parent is given notice of the termination proceedings by
   certified or registered mail to the last known address and such parent fails
   to object to the proceedings within 15 days of the mailing of such notice; or
   (iv) the whereabouts of the parent are not reasonably ascertainable and the
   parent is given notice of the termination proceedings through an order of
   publication pursuant to &#xA7;&#xA7; 8.01-316 and 8.01-317, and such parent
   fails to object to the proceedings.

C. At the hearing held pursuant to this section, the court shall hear evidence
on the petition filed and shall review the foster care plan for the child filed
by the local board or child welfare agency in accordance with &#xA7; 16.1-281.

D. At the conclusion of the hearing, the court shall make a finding, based upon
a preponderance of the evidence, whether approval of the entrustment agreement
is in the best interest of the child. However, if the petition seeks approval of
a permanent entrustment agreement which provides for the termination of all
parental rights and responsibilities with respect to the child, the court shall
make a finding, based upon clear and convincing evidence, whether termination of
parental rights is in the best interest of the child. If the court makes either
of these findings, the court may make any of the orders of disposition permitted
in a case involving an abused or neglected child pursuant to &#xA7; 16.1-278.2.
Any such order transferring legal custody of the child shall be made in
accordance with the provisions of subdivision A 5 of &#xA7; 16.1-278.2 and shall
be subject to the provisions of subsection D1. This order shall include, but
need not be limited to, the following findings: (i) that there is no less
drastic alternative to granting the requested relief; and (ii) 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, if the order transfers legal
custody of the child to a local board of social services. At any time subsequent
to the transfer of legal custody of the child pursuant to this section, a birth
parent or parents of the child and the pre-adoptive parent or parents may enter
into a written post-adoption contact and communication agreement in accordance
with the provisions of &#xA7; 16.1-283.1 and Article 1.1 (&#xA7; 63.2-1220.2 et
seq.) of Chapter 12 of Title 63.2. The court shall not require a written
post-adoption contact and communication agreement as a precondition to entry of
an order in any case involving the child.
			The effect of the court&#8217;s order approving a permanent entrustment
agreement is to terminate an entrusting parent&#8217;s residual parental rights.
Any order terminating parental rights shall be accompanied by an order (i)
continuing or granting custody to a local board of social services or to a
licensed child-placing agency or (ii) granting custody or guardianship to a
person with a legitimate interest. Such an order continuing or granting custody
to a local board of social services or to a licensed child-placing agency shall
indicate whether that board or agency shall have the authority to place the
child for adoption and consent thereto. A final order terminating parental
rights pursuant to this section renders the approved entrustment agreement
irrevocable. Such order may be appealed in accordance with the provisions of
&#xA7; 16.1-296.

D1. Any order transferring custody of the child to a person with a legitimate
interest pursuant to subsection D shall be entered only upon a finding, based
upon a preponderance of the evidence, that such person is one who (i) after an
investigation as directed by the court, is found by the court to be willing and
qualified to receive and care for the child; (ii) is willing to have a positive,
continuous relationship with the child; (iii) is committed to providing a
permanent, suitable home for the child; and (iv) is willing and has the ability
to protect the child from abuse and neglect; and the order shall so state. The
court&#8217;s order transferring custody to a person with a legitimate interest
should further provide for, as appropriate, any terms and conditions which would
promote the child&#8217;s interest and welfare; ongoing provision of social
services to the child and the child&#8217;s custodian; and court review of the
child&#8217;s placement.

E. The local board or licensed child-placing agency to which authority is given
to place the child for adoption and consent thereto after an order terminating
parental rights is entered pursuant to this section shall file a written
Adoption Progress Report with the juvenile court on the progress being made to
place the child in an adoptive home. The report shall be filed with the court
every six months from the date of the final order terminating parental rights
until a final order of adoption is entered on behalf of the child in the circuit
court. At the conclusion of the hearing at which termination of parental rights
is ordered and authority is given to the local board or licensed child-placing
agency to place the child for adoption, the juvenile court shall schedule a date
by which the board or agency shall file the first Adoption Progress Report
required by this section. A copy of the Adoption Progress Report shall be sent
by the court to the guardian ad litem for the child. The court may schedule a
hearing on the report with or without the request of a party.

HISTORY: 1999, c. 889; 2000, c. 385; 2006, c. 825; 2009, cc. 98, 260; 2010, c.
331; 2017, c. 200; 2019, c. 434.