                                 CODE OF VIRGINIA

ANNUAL FOSTER CARE REVIEW (§ 16.1-282.2)

A. The court shall review a foster care plan annually for any child who remains
in the legal custody of a local board of social services or a child welfare
agency and (i) on whose behalf a petition to terminate parental rights has been
granted, filed or ordered to be filed, (ii) who is placed in permanent foster
care, or (iii) who is age 16 or over and for whom the plan is independent
living. The foster care review hearing shall be scheduled at the conclusion of a
hearing held pursuant to &#xA7; 16.1-281, 16.1-282, or 16.1-282.1 at which the
order is entered: terminating parental rights, directing the filing of a
petition for termination of parental rights by the board or agency, placing the
child in permanent foster care, or directing the board or agency to provide the
child who is age 16 or over and for whom the plan is independent living with
services to transition from foster care. The foster care review hearing shall be
held within 12 months of the date of such order, so long as the child remains in
the custody of the board or agency.
			The board or agency shall file the petition for a foster care review hearing,
and the court shall provide notice of the foster care review hearing in
accordance with the provisions of &#xA7; 16.1-282. The board or agency shall
file a written Adoption Progress Report with the juvenile court pursuant to
&#xA7; 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283, if applicable, with
the petition required by this section. The court order entered at the conclusion
of the hearing held on the petition shall state whether reasonable efforts have
been made to place the child in a timely manner in accordance with the approved
foster care plan that established a permanent goal for the child and to complete
the steps necessary to finalize the permanent placement of the child.

B. At the foster care review hearing in the case of a child who is placed in
permanent foster care, the court shall give consideration to the appropriateness
of the services being provided to the child and permanent foster parents, to any
change in circumstances since the entry of the order placing the child in
permanent foster care, and to such other factors as the court deems proper.

C. At the foster care review hearing in the case of a child who meets the
criteria of subdivisions A 1 through 4 of &#xA7; 16.1-283.2, the court shall
inquire of the guardian ad litem and the local board of social services whether
the child has expressed a preference that the possibility of restoring the
parental rights of his parent or parents be investigated. If the child expresses
or has expressed such a preference, the court shall direct the local board of
social services or the child&#8217;s guardian ad litem to conduct an
investigation of the parent or parents. If, following such investigation, the
local board of social services or the child&#8217;s guardian ad litem deems it
appropriate to do so, either may file a petition for the restoration of parental
rights. A hearing on such petition shall be held as provided by &#xA7;
16.1-283.2.

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.

HISTORY: 2002, c. 512; 2008, cc. 475, 483; 2018, c. 104; 2019, cc. 282, 688.