                                 CODE OF VIRGINIA

(EFFECTIVE JANUARY 1, 2026) PETITION FOR RELIEF OF CARE AND CUSTODY (§
16.1-277.02)

A. Requests for petitions for relief of the care and custody of a child shall be
referred initially to the local department of social services for investigation
and the provision of services, if appropriate, in accordance with the provisions
of § 63.2-319 or Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. The local
department of social services shall, as part of its investigation, (i) refer the
parent to the local family assessment and planning team and (ii) create a
written report regarding the history of the child and family. A referral to the
local family assessment and planning team in accordance with clause (i) shall
not interfere with or delay any proceeding or hearing related to the petition
unless the court determines that any recommendations made by or information
gathered from the family assessment and planning team is necessary for the court
to make a final disposition in the matter. Upon the filing of a petition for
relief of a child&#8217;s care and custody pursuant to subdivision A 4 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 on the petition. Such hearing on the petition may include partial or
final disposition of the matter. 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 child, if he is 12 years of age or older;

   2. The guardian ad litem for the child;

   3. The child&#8217;s parents, 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 is not
   reasonably ascertainable. 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. The hearing on the petition shall be held pursuant to this
   section although a parent fails to appear and is not represented by counsel,
   provided personal or substituted service was made on the parent, 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, in the case of a hearing to grant a petition for permanent
   relief of custody and terminate a parent&#8217;s residual parental rights,
   notice to the parent whose rights may be affected shall be provided in
   accordance with the provisions of &#xA7;&#xA7; 16.1-263 and 16.1-264; and

   4. The local board of social services. Upon receiving notice of the hearing
   pursuant to this section, the local board of social services shall investigate
   the matter and provide services, as appropriate, in accordance with the
   provisions of &#xA7; 63.2-319 or Chapter 15 (&#xA7; 63.2-1500 et seq.) of
   Title 63.2.

B. At the hearing, the local board of social services, the child, the
child&#8217;s parents, guardian, legal custodian or other person standing in
loco parentis and any other family or household member of the child to whom
notice was given shall have the right to confront and cross-examine all adverse
witnesses and evidence and to present evidence on their own behalf.

C. At the conclusion of the hearing on the petition, the court shall make a
finding, based upon a preponderance of the evidence, whether there is good cause
shown for the petitioner&#8217;s desire to be relieved of the child&#8217;s care
and custody, unless the petition seeks permanent relief of custody and
termination of parental rights. If the petition seeks permanent relief of
custody and termination of parental rights, 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 enter:

   1. A preliminary protective order pursuant to &#xA7; 16.1-253;

   2. An order that requires the local board of social services to provide
   services to the family as required by law;

   3. An order that is consistent with any of the dispositional alternatives
   pursuant to &#xA7; 16.1-278.3; or

   4. Any combination of these orders.
   				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 C1. 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. Any order
   terminating residual parental rights shall be accompanied by an order
   continuing or granting custody to a local board of social services or to a
   licensed child-placing agency or 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. 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 court shall schedule a subsequent hearing within 60 days of the
   hearing held pursuant to this section: (a) to enter a final order of
   disposition pursuant to &#xA7; 16.1-278.3 or (b) if the child is placed in
   foster care, for review of the foster care plan filed pursuant to &#xA7;
   16.1-281. If a party is required to be present at the subsequent hearing, and
   (1) is present at the hearing on the petition, the party shall be given notice
   of the date set for the subsequent hearing; (2) if not present, shall be
   summoned as provided in &#xA7; 16.1-263.

C1. Any order transferring temporary custody of the child to a person with a
legitimate interest pursuant to subsection C shall be entered only upon a
finding, based upon a preponderance of the evidence, that such person is one who
(i) 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; 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 further provide for compliance with any
preliminary protective order entered on behalf of the child in accordance with
the provisions of &#xA7; 16.1-253; and, as appropriate, ongoing provision of
social services to the child and the child&#8217;s custodian; and court review
of the child&#8217;s placement with such person with a legitimate interest. Any
final order transferring custody of the child to a person with a legitimate
interest pursuant to this section shall, in addition, be entered only after an
investigation as directed by the court and upon a finding, stated in the
court&#8217;s order, that such person is one who satisfies clauses (i), (ii),
and (iii) and is committed to providing a permanent, suitable home for the
child.

D. 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; 2009, cc. 98, 260; 2010, c. 331; 2013, c.
130; 2019, c. 434; 2025, cc. 138, 155.