                                 CODE OF VIRGINIA

RESTORATION OF PARENTAL RIGHTS (§ 16.1-283.2)

A. If a child is in the custody of the local department of social services and a
pre-adoptive parent or parents have not been identified and approved for the
child, the child&#8217;s guardian ad litem or the local board of social services
may file a petition to restore the previously terminated parental rights of the
child&#8217;s parent under the following circumstances:

   1. The child is at least 14 years of age;

   2. The child was previously adjudicated to be an abused or neglected child,
   child in need of services, child in need of supervision, or delinquent child;

   3. The parent&#8217;s rights were terminated under a final order pursuant to
   subsection B, C, or D of &#xA7; 16.1-283 at least two years prior to the
   filing of the petition to restore parental rights;

   4. The child has not achieved his permanency goal or the permanency goal was
   achieved but not sustained; and

   5. The child, if he is 14 years of age or older, and the parent whose rights
   are to be reinstated consent to the restoration of the parental rights.

B. Notwithstanding the provisions of subsection A, the court may accept (i) a
petition involving a child younger than 14 years of age if (a) the child is the
sibling of a child for whom a petition for restoration of parental rights has
been filed and the child who is younger than 14 years of age meets all other
criteria for restoration of parental rights set forth in subsection A, or (b)
the child&#8217;s guardian ad litem and the local department of social services
jointly file the petition for restoration; or (ii) a petition filed before the
expiration of the two-year period following termination of parental rights if
the child will turn 18 before the expiration of the two-year period, and the
court finds that accepting such a petition is in the best interest of the child.

C. The court shall set a hearing on the petition and serve notice of the hearing
along with a copy of the petition on the former parent of the child whose rights
are the subject of the petition, any other parent who retains legal rights to
the child, the child&#8217;s court-appointed special advocate, if one has been
appointed, and either the child&#8217;s guardian ad litem or the local board of
social services, whichever is not the petitioner.

D. If the court finds, based upon clear and convincing evidence, that the parent
is willing and able to (i) receive and care for the child; (ii) have a positive,
continuous relationship with the child; (iii) provide a permanent, suitable home
for the child; and (iv) protect the child from abuse and neglect, the court may
enter an order permitting the local board of social services to place the child
with the former parent whose rights are the subject of the petition, subject to
the requirements of the placement plan developed pursuant to subsection E and
for visitation required pursuant to subsection F.

E. Within 60 days of the filing of the petition for restoration of parental
rights and prior to the entry of an order pursuant to subsection D, the local
board of social services shall develop a written placement plan for the child,
which shall (i) describe the programs, services, and other supports that shall
be offered to the child and the former parent with whom the child has been
placed and (ii) set forth requirements for the participation of the former
parent with whom the child has been placed in programs and services described in
the placement plan and the conduct of the child&#8217;s former parent with whom
the child has been placed. Such plan shall be incorporated into the order
entered pursuant to subsection D.

F. Following the placement of a child with his former parent following entry of
an order pursuant to subsection D, the director of the local department of
social services shall cause the child to be visited by an agent of such local
board or local department at least three times within the six-month period
immediately following placement of the child in order to evaluate the
suitability of the placement and the progress of the former parent toward
remedying the factors and conditions that led to or required continuation of the
child&#8217;s foster care placement; however, no less than 90 days shall elapse
between the first visit and the last visit. At least one of the visits shall be
conducted in the home of the former parent whose rights are the subject of the
petition in the presence of the former parent.

G. Upon completion of the visitation required pursuant to subsection F, the
director of the local department of social services shall make a written report
to the court, in such form as the Commissioner of Social Services may prescribe,
describing (i) findings made as a result of the visits required pursuant to
subsection F and (ii) findings and information related to the former
parent&#8217;s compliance with requirements of the placement plan developed
pursuant to subsection E.

H. Upon receipt of the report required pursuant to subsection G, the court shall
set a hearing on the petition for restoration of parental rights and serve
notice of the hearing, along with a copy of the report required pursuant to
subsection G, on the former parent of the child whose rights are the subject of
the petition, any other parent who retains legal rights to the child, the
child&#8217;s court-appointed special advocate, if one has been appointed, and
the child&#8217;s guardian ad litem.

I. If, upon consideration of the report required pursuant to subsection G, the
court finds by clear and convincing evidence that the restoration of parental
rights is in the child&#8217;s best interest, the court shall enter an order
restoring the parental rights of the child&#8217;s parent. In determining
whether restoration is in the best interest of the child, the court shall
consider the following:

   1. Whether the parent whose rights are to be reinstated agrees to the
   reinstatement and has substantially remedied the conditions that led to or
   required continuation of the child&#8217;s foster care placement;

   2. The age and maturity of the child and whether the child consents to the
   reinstatement of the former parent&#8217;s rights, if the child is 14 years of
   age or older, or the child&#8217;s preference with regard to the reinstatement
   of the former parent&#8217;s rights, if the child is younger than 14 years of
   age;

   3. Whether the restoration of parental rights will present a risk to the
   child&#8217;s life, health, or development;

   4. Whether the restoration of parental rights will affect benefits available
   to the child; and

   5. Other material changes in circumstances, if any, that warrant the granting
   of the petition.

J. The court may revoke its order permitting the placement of a child with his
former parent pursuant to subsection D at any time prior to entry of an order
restoring parental rights to the former parent of the child, for good cause
shown, on its own motion or on the motion of the child&#8217;s guardian ad litem
or the local department.

K. A petition for restoration of parental rights filed while the child is
younger than 18 years of age shall not become invalid because the child reaches
18 years of age prior to the entry of an order of restoration of parental
rights. Any order restoring parental rights to a parent of a child pursuant to
this section entered after a child reaches 18 years of age, where the petition
was filed prior to the child turning 18 years of age, shall have the same effect
as if the child was under 18 years of age at the time the order was entered by
the court.

L. The granting of a petition under this section does not vacate the findings of
fact or conclusions of law contained in the original order that terminated the
parental rights of the child&#8217;s parent.

HISTORY: 2013, cc. 338, 685.