                                 CODE OF VIRGINIA

FOSTER CARE REVIEW (§ 16.1-282)

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 foster care review hearing shall be
held within four months of the dispositional hearing at which the foster care
plan pursuant to &#xA7; 16.1-281 was reviewed if the child (i) 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 (ii) 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 granted, filed or ordered to be
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.
			Any interested party, including the parent, guardian or person who stood in
loco parentis prior to the board&#8217;s placement of the child or the
board&#8217;s or child welfare agency&#8217;s assumption of legal custody, may
file with the court the petition for a foster care review hearing hereinafter
described at any time after the initial foster care placement of the child.
However, the board or child welfare agency shall file the petition within three
months of the dispositional hearing at which the foster care plan was reviewed
pursuant to &#xA7; 16.1-281.

B. The petition shall:

   1. Be filed in the court in which the foster care plan for the child was
   reviewed and approved. Upon the order of such court, however, the petition may
   be filed in the court of the county or city in which the board or child
   welfare agency having legal custody or having placed the child has its
   principal office or where the child resides;

   2. State, if such is reasonably obtainable, the current address of the
   child&#8217;s parents and, if the child was in the custody of a person or
   persons standing in loco parentis at the time the board or child welfare
   agency obtained legal custody or the board placed the child, of such person or
   persons;

   3. Describe the placement or placements provided for the child while in foster
   care and the services or programs offered to the child and his parents and, if
   applicable, the persons previously standing in loco parentis;

   4. Describe the nature and frequency of the contacts between the child and his
   parents and, if applicable, the persons previously standing in loco parentis;

   5. Set forth in detail the manner in which the foster care plan previously
   filed with the court was or was not complied with and the extent to which the
   goals thereof have been met; and

   6. Set forth the disposition sought and the grounds therefor; however, in the
   case of a child who has attained age 16 and for whom the plan is independent
   living, the foster care plan shall be included and shall address the services
   needed to assist the child to transition from foster care to independent
   living.

C. Upon receipt of the petition filed by the board, child welfare agency, or any
interested party as provided in subsection B of this section, the court shall
schedule a hearing to be held within 30 days if a hearing was not previously
scheduled. 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 attorney-at-law representing the child as guardian ad litem;

   3. The child&#8217;s parents and, if the child was in the custody of a person
   standing in loco parentis at the time the department obtained custody, such
   person or persons. 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. 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. If the parent or guardian of the child did not
   appear at the dispositional hearing and was not noticed to return for the
   foster care review hearing in accordance with subsection F of &#xA7; 16.1-281,
   the parent or guardian shall be summoned to appear at the foster care review
   hearing in accordance with &#xA7; 16.1-263. The review hearing shall be held
   pursuant to this section although a parent or guardian fails to appear and is
   not represented by counsel, provided personal or substituted service was made
   on the parent or guardian, 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;

   4. The foster parent or foster parents or other care providers of the child;

   5. The petitioning board or child welfare agency; and

   6. Such other persons as the court, in its discretion, may direct. The local
   board of social services or other child welfare agency shall identify for the
   court such other persons as have a legitimate interest in the hearing,
   including, but not limited to, preadoptive parents for a child in foster care.

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 hearing, the court shall, upon the proof adduced in
accordance with the best interests of the child and subject to the provisions of
subsection F, enter any appropriate order of disposition consistent with the
dispositional alternatives available to the court at the time of the original
hearing. The court order shall state whether reasonable efforts, if applicable,
have been made to reunite the child with his parents, guardian or other person
standing in loco parentis to the child. Any order entered at the conclusion of
this hearing that has the effect of achieving a permanent goal for the child by
terminating residual parental rights pursuant to &#xA7; 16.1-277.01,
16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster
care pursuant to clause (iv) of subsection A of &#xA7; 16.1-282.1; or, if the
child has attained the age of 16 years and the plan for the child is independent
living, directing the board or agency to provide the necessary services to
transition from foster care, pursuant to clause (v) of subsection A of &#xA7;
16.1-282.1 shall state whether reasonable efforts have been made to place the
child in a timely manner in accordance with the foster care plan and to complete
the steps necessary to finalize the permanent placement of the child.

F. 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 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.

G. The court shall possess continuing jurisdiction over cases reviewed under
this section for so long as a child remains in a foster care placement or, when
a child is returned to his prior family subject to conditions imposed by the
court, for so long as such conditions are effective. After the hearing required
pursuant to subsection C, the court shall schedule a permanency planning hearing
on the case to be held five months thereafter in accordance with &#xA7;
16.1-282.1 or within 30 days upon the petition of any party entitled to notice
in proceedings under this section when the judge determines there is good cause
shown for such a hearing. However, in the case of a child who is the subject of
an order that has the effect of achieving a permanent goal for the child by
terminating residual parental rights pursuant to &#xA7; 16.1-277.01,
16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child in permanent foster
care pursuant to clause (iv) of subsection A of &#xA7; 16.1-282.1; or by
directing the board or agency to provide the child with services to achieve
independent living status, if the child has attained the age of 16 years,
pursuant to clause (v) of subsection A of &#xA7; 16.1-282.1, a permanency
planning hearing within five months shall not be required and the court shall
schedule a foster care review hearing to be held within 12 months of the entry
of such order in accordance with the provisions of &#xA7; 16.1-282.2.

HISTORY: 1977, c. 559; 1978, c. 740; 1982, c. 171; 1984, c. 71; 1987, c. 250;
1991, c. 98; 1992, c. 869; 1994, cc. 223, 604, 865; 1997, c. 790; 1998, c. 550;
1999, c. 889; 2000, c. 385; 2002, c. 512; 2008, cc. 475, 483, 678; 2009, c. 80;
2011, c. 730; 2013, c. 130; 2019, cc. 282, 688.