                                 CODE OF VIRGINIA

PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE (§ 16.1-282.1)

A. In the case of a child who was the subject of a foster care plan filed with
the court pursuant to &#xA7; 16.1-281, a permanency planning hearing shall be
held within 10 months of the dispositional hearing at which the foster care plan
pursuant to &#xA7; 16.1-281 was reviewed if the child (a) was placed through an
agreement between the parents or guardians and the local board of social
services where legal custody remains with the parents or guardians and such
agreement has not been dissolved by court order; or (b) is under the legal
custody of a local board of social services or a child welfare agency and has
not had a petition to terminate parental rights filed on the child&#8217;s
behalf, has not been placed in permanent foster care, or is age 16 or over and
the plan for the child is not independent living. The board or child welfare
agency shall file a petition for a permanency planning hearing 30 days prior to
the date of the permanency planning hearing scheduled by the court. The purpose
of this hearing is to establish a permanent goal for the child and either to
achieve the permanent goal or to defer such action through the approval of an
interim plan for the child.
			To achieve the permanent goal, the petition for a permanency planning hearing
shall seek to (i) transfer the custody of the child to his prior family, or
dissolve the board&#8217;s placement agreement and return the child to his prior
family; (ii) transfer custody of the child to a relative other than the
child&#8217;s prior family or to fictive kin for the purpose of establishing
eligibility for the Federal-Funded Kinship Guardianship Assistance program
pursuant to &#xA7; 63.2-1305 or the State-Funded Kinship Guardianship Assistance
program pursuant to &#xA7; 63.2-1306, subject to the provisions of subsection
A1; (iii) terminate residual parental rights pursuant to &#xA7; 16.1-277.01 or
16.1-283; (iv) place a child who is 16 years of age or older in permanent foster
care pursuant to &#xA7; 63.2-908; (v) if the child has been admitted to the
United States as a refugee or asylee and has attained the age of 16 years or
older and the plan is independent living, direct the board or agency to provide
the child with services to transition from foster care; or (vi) place a child
who is 16 years of age or older in another planned permanent living arrangement
in accordance with the provisions of subsection A2. If the child has been in the
custody of a local board or child welfare agency for 15 of the most recent 22
months and no petition for termination of parental rights has been filed with
the court, the local board or child welfare agency shall state in its petition
for a permanency planning hearing (a) the reasons, pursuant to subdivision A 1,
2, or 3 of &#xA7; 63.2-910.2, why a petition for termination of parental rights
has not been filed and (b) the reasonable efforts made regarding reunification
or transfer of custody to a relative and the timeline of such efforts. In cases
in which a foster care plan approved prior to July 1, 2011, includes independent
living as the goal for a child who is not admitted to the United States as an
asylee or refugee, the petition shall direct the board or agency to provide the
child with services to transition from foster care.
			For approval of an interim plan, the petition for a permanency planning
hearing shall seek to continue custody with the board or agency, or continue
placement with the board through a parental agreement; or transfer custody to
the board or child welfare agency from the parents or guardian of a child who
has been in foster care through an agreement where the parents or guardian
retains custody.
			Upon receipt of the petition, if a permanency planning hearing has not
already been scheduled, the court shall schedule such a hearing to be held
within 30 days. The permanency planning hearing shall be held within 10 months
of the dispositional hearing at which the foster care plan was reviewed pursuant
to &#xA7; 16.1-281. The provisions of subsection B of &#xA7; 16.1-282 shall
apply to this petition. The procedures of subsection C of &#xA7; 16.1-282 and
the provisions of subsection G of &#xA7; 16.1-282 shall apply to the scheduling
and notice of proceedings under this section.

A1. The following requirements shall apply to the transfer of custody of the
child to a relative other than the child&#8217;s prior family or to fictive kin
for the purpose of establishing eligibility for the Federal-Funded Kinship
Guardianship Assistance program pursuant to &#xA7; 63.2-1305 or the State-Funded
Kinship Guardianship Assistance program pursuant to &#xA7; 63.2-1306 in
accordance with the provisions of clause (ii) of subsection A. Any order
transferring custody of the child to a relative other than the child&#8217;s
prior family shall be entered only upon a finding, based upon a preponderance of
the evidence, that the relative 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 relative should further provide,
as appropriate, for any terms or conditions which would promote the
child&#8217;s interest and welfare.

A2. The following requirements shall apply to the selection and approval of
placement in another planned permanent living arrangement as the permanent goal
for the child in accordance with clause (vi) of subsection A:

   1. The board or child welfare agency shall petition for alternative (vi) of
   subsection A only if the child has a severe and chronic emotional, physical or
   neurological disabling condition for which the child requires long-term
   residential treatment; and the board or child welfare agency has thoroughly
   investigated the feasibility of the alternatives listed in clauses (i) through
   (v) of subsection A and determined that none of those alternatives is in the
   best interests of the child. In a foster care plan filed with the petition
   pursuant to this section, the board or agency shall document the following:
   (i) the investigation conducted of the placement alternatives listed in
   clauses (i) through (v) of subsection A and why each of these is not currently
   in the best interest of the child; (ii) at least one compelling reason why
   none of the alternatives listed in clauses (i) through (v) is achievable for
   the child at the time placement in another planned permanent living
   arrangement is selected as the permanent goal for the child; (iii) the
   identity of the long-term residential treatment service provider; (iv) the
   nature of the child&#8217;s disability; (v) the anticipated length of time
   required for the child&#8217;s treatment; and (vi) the status of the
   child&#8217;s eligibility for admission and long-term treatment. The court
   shall ensure that the local department has documentation of the intensive,
   ongoing, and, as of the date of the hearing, unsuccessful efforts made to
   return the child home or secure a placement for the child with a fit and
   willing relative, including adult siblings, or an adoptive parent, including
   through efforts that utilize search technology, including social media, to
   find the child&#8217;s biological family members. The court shall ask the
   child about the child&#8217;s desired permanency outcome and make a judicial
   determination, accompanied by an explanation of the reasons that the
   alternatives listed in clauses (i) through (iii) of subsection A continue to
   not be in the best interest of the child.

   2. Before approving alternative (vi) of subsection A as the plan for the
   child, the court shall find (i) that the child has a severe and chronic
   emotional, physical or neurological disabling condition; (ii) that the child
   requires long-term residential treatment for the disabling condition; and
   (iii) that none of the alternatives listed in clauses (i) through (v) of
   subsection A is achievable for the child at the time placement in another
   planned permanent living arrangement is approved as the permanent goal for the
   child. If the board or agency petitions for alternative (vi), alternative (vi)
   may be approved by the court for a period of six months at a time.

   3. At the conclusion of the permanency planning hearing, if alternative (vi)
   of subsection A is the permanent plan, the court shall schedule a hearing to
   be held within six months to review the child&#8217;s placement in another
   planned permanent living arrangement in accordance with subdivision A2 4. All
   parties present at the hearing at which clause (vi) of subsection A is
   approved as the permanent plan for the child shall be given notice of the date
   scheduled for the foster care review hearing. Parties not present shall be
   summoned to appear as provided in &#xA7; 16.1-263. Otherwise, this subsection
   A2 shall govern the scheduling and notice for such hearings.

   4. The court shall review a foster care plan for any child who is placed in
   another planned permanent living arrangement every six months from the date of
   the permanency planning hearing held pursuant to this subsection, so long as
   the child remains in the legal custody of the board or child welfare agency.
   The board or child welfare agency shall file such petitions for review
   pursuant to the provisions of &#xA7; 16.1-282 and shall, in addition, include
   in the petition the information required by subdivision A2 1. The petition for
   foster care review shall be filed no later than 30 days prior to the hearing
   scheduled in accordance with subdivision A2 3. At the conclusion of the foster
   care review hearing, if alternative (vi) of subsection A remains the permanent
   plan, the court shall enter an order that states whether reasonable efforts
   have been made to place the child in a timely manner in accordance with the
   permanency plan and to monitor the child&#8217;s status in another planned
   permanent living arrangement.
   				However, if at any time during the six-month approval periods permitted by
   this subsection, a determination is made by treatment providers that the
   child&#8217;s need for long-term residential treatment for the child&#8217;s
   disabling condition is eliminated, the board or agency shall immediately begin
   to plan for post-discharge services and shall, within 30 days of making such a
   determination, file a petition for a permanency planning hearing pursuant to
   subsection A. Upon receipt of the petition, the court shall schedule a
   permanency planning hearing to be held within 30 days. The provisions of
   subsection B of &#xA7; 16.1-282 shall apply to this petition. The procedures
   of subsection C of &#xA7; 16.1-282 and the provisions of subsection G of
   &#xA7; 16.1-282 shall apply to proceedings under this section.

A3. The following requirements shall apply to the selection and approval of
permanent foster care pursuant to clause (iv) of subsection A:

   1. The court shall ensure that the local department has documentation of the
   intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts
   made to return the child home or secure a placement for the child with a fit
   and willing relative, including adult siblings, or an adoptive parent,
   including through efforts that utilize search technology, including social
   media, to find the child&#8217;s biological family members.

   2. The court shall ask the child about the child&#8217;s desired permanency
   outcome and make a judicial determination, accompanied by an explanation of
   the reasons that the alternatives listed in clauses (i) through (iii) of
   subsection A continue to not be in the best interest of the child.

B. The following requirements shall apply to the selection and approval of an
interim plan for the child in accordance with subsection A:

   1. The board or child welfare agency shall petition for approval of an interim
   plan only if the board or child welfare agency has thoroughly investigated the
   feasibility of the alternatives listed in clauses (i) through (v) of
   subsection A and determined that none of those alternatives is in the best
   interest of the child. If the board or agency petitions for approval of an
   interim plan, such plan may be approved by the court for a maximum period of
   six months. The board or agency shall also file a foster care plan that (i)
   identifies a permanent goal for the child that corresponds with one of the
   alternatives specified in clauses (i) through (v) of subsection A; (ii)
   includes provisions for accomplishing the permanent goal within six months;
   and (iii) summarizes the investigation conducted of the alternatives listed in
   clauses (i) through (v) of subsection A and why achieving each of these is not
   in the best interest of the child at this time. The foster care plan shall
   describe the child&#8217;s placement, including the in-state and out-of-state
   placement options and whether the child&#8217;s placement is in state or out
   of state. If the child&#8217;s placement is out of state, the foster care plan
   shall provide the reason why the out-of-state placement is appropriate and in
   the best interests of the child.

   2. Before approving an interim plan for the child, the court shall find:
   				a. When returning home remains the plan for the child, that the parent has
   made marked progress toward reunification with the child, the parent has
   maintained a close and positive relationship with the child, and the child is
   likely to return home within the near future, although it is premature to set
   an exact date for return at the time of this hearing; or
   				b. When returning home is not the plan for the child, that marked progress
   is being made to achieve the permanent goal identified by the board or child
   welfare agency and that it is premature to set an exact date for accomplishing
   the goal at the time of this hearing. The court shall consider the in-state
   and out-of-state placement options, and if the child has been placed out of
   state, determine whether the out-of-state placement is appropriate and in the
   best interests of the child.

   3. Upon approval of an interim plan, the court shall schedule a hearing to be
   held within six months to determine that the permanent goal is accomplished
   and to enter an order consistent with alternative (i), (ii), (iii), (iv), or
   (v) of subsection A. All parties present at the initial permanency planning
   hearing shall be given notice of the date scheduled for the second permanency
   planning hearing. Parties not present shall be summoned to appear as provided
   in &#xA7; 16.1-263. Otherwise, subsection A shall govern the scheduling and
   notice for such hearings.

C. In each permanency planning hearing and in any hearing regarding the
transition of the child from foster care to independent living, the court shall
consult with the child in an age-appropriate manner regarding the proposed
permanency plan or transition plan for the child, unless the court finds that
such consultation is not in the best interests of the child.

D. In cases in which a child is placed by the local board of social services or
a licensed child-placing agency in a qualified residential treatment program as
defined in &#xA7; 16.1-228, the provisions of subsection E of &#xA7; 16.1-281
shall apply to any hearing held pursuant to this section.

E. At the conclusion of the permanency planning hearing held pursuant to this
section, whether action is taken or deferred to achieve the permanent goal for
the child, the court shall enter an order that states whether reasonable efforts
have been made to reunite the child with the child&#8217;s prior family, if
returning home is the permanent goal for the child; or whether reasonable
efforts have been made to achieve the permanent goal identified by the board or
agency, if the goal is other than returning the child home.
			In making this determination, the court shall give consideration to whether
the board or agency has placed the child in a timely manner in accordance with
the foster care plan and completed the steps necessary to finalize the permanent
placement of the child.

HISTORY: 1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512;
2008, cc. 475, 483, 678; 2011, c. 730; 2013, c. 130; 2016, c. 631; 2017, c. 190;
2019, cc. 282, 688; 2020, cc. 224, 366, 934; 2021, Sp. Sess. I, c. 254.