                                 CODE OF VIRGINIA

RELIEF OF CARE AND CUSTODY (§ 16.1-278.3)

A. Within 60 days of a hearing on a petition for relief of the care and custody
of any child pursuant to &#xA7; 16.1-277.02 at which the court found (i) good
cause for the petitioner&#8217;s desire to be relieved of a child&#8217;s care
and custody or (ii) that permanent relief of custody and termination of residual
parental rights is in the best interest of the child, a dispositional hearing
shall be held, if a final order disposing of the matter was not entered at the
conclusion of the hearing on the petition held pursuant to &#xA7; 16.1-277.02.

B. Notice of the dispositional hearing shall be provided to the local department
of social services, the guardian ad litem for the child, the child if he is at
least 12 years of age, and the child&#8217;s parents, custodian or other person
standing in loco parentis. However, if a parent&#8217;s residual parental rights
were terminated at the hearing on the petition held pursuant to &#xA7;
16.1-277.02, no such notice of the hearing pursuant to this section shall be
provided to the parent. The hearing shall be held and a dispositional 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 the 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.

C. 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. Any preliminary protective orders
entered on behalf of the child shall be reviewed at the dispositional hearing
and may be incorporated, as appropriate, in the dispositional order. If the
child has been placed in foster care, at the dispositional hearing the court
shall review the foster care plan for the child filed by the local board of
social services or child welfare agency in accordance with &#xA7; 16.1-281.

D. If the parent or other custodian seeks to be relieved permanently of the care
and custody of any child and the court finds by clear and convincing evidence
that termination of the parent&#8217;s parental rights is in the best interest
of the child, the court may terminate the parental rights of that parent. If the
remaining parent has not petitioned for permanent relief of the care and custody
of the child, the remaining parent&#8217;s parental rights may be terminated in
accordance with the provisions of &#xA7; 16.1-283. 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. Proceedings under this section shall be advanced on the
docket so as to provide for their earliest practicable disposition. 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.

D1. Any order transferring custody of the child to a person with a legitimate
interest pursuant to subsection C or D shall be entered only upon a finding,
based upon a preponderance of the evidence, that such person is one who, after
an investigation as directed by the court, (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; (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 or
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.

F. A dispositional order entered pursuant to this section is a final order from
which an appeal may be taken in accordance with &#xA7; 16.1-296.

HISTORY: 1991, c. 534; 1999, c. 889; 2000, c. 385; 2009, cc. 98, 260; 2010, c.
331; 2013, c. 130; 2019, c. 434.