                                 CODE OF VIRGINIA

TERMINATION OF THE PARENTAL CHILD SAFETY PLACEMENT AGREEMENT AND THE ALTERNATIVE
LIVING ARRANGEMENT (§ 63.2-1535)

A. Prior to the conclusion of a parental child safety placement agreement, the
local department shall reassess the safety of the child if the child were to be
returned home.

B. If it is determined that the child can be safely returned home prior to or at
the conclusion of the parental child safety placement agreement, the local
department shall develop a safety plan with the child&#8217;s parent, guardian,
or legal custodian and the caregiver for the safe return of the child to the
child&#8217;s parent, guardian, or legal custodian or to another legal
custodian. The local department may take the following actions if it is
determined that continued services are required for the child to safely return
home:

   1. Maintain an open In-Home Services case for continued services with the
   agreement of the child&#8217;s parent, guardian, or legal custodian; or

   2. Seek a child protective order or other court action to order continued
   services if the child&#8217;s parent, guardian, or legal custodian does not
   agree to the In-Home Services case remaining open for continued services.

C. If it is determined that the child cannot be safely returned home at the
conclusion of the parental child safety placement agreement, the local
department shall seek removal of the child from the child&#8217;s parent,
guardian, or legal custodian, upon a petition alleging abuse or neglect pursuant
to § 16.1-251 or 16.1-252.

   1. Prior to the first court hearing, the local department shall make
   reasonable efforts to convene a facilitated meeting that includes the
   child&#8217;s parent, guardian, or legal custodian, the caregiver, and the
   child, if 12 years of age or older, to collaboratively develop an alternate
   living arrangement service plan. During such meeting, the local department
   shall notify the child&#8217;s parent, guardian, or legal custodian and the
   caregiver of all possible options for the care of the child, to include foster
   care, kinship foster care, and the transfer of temporary custody to the
   caregiver.

   2. If the court orders temporary custody of the child to the caregiver, the
   local department may continue to provide services to the caregiver and child
   through an In-Home Services case, consistent with the alternate living
   arrangement service plan. At the dispositional hearing of the local
   department&#8217;s petition, if the child cannot be safely returned to the
   child&#8217;s parent, guardian, or legal custodian, the local department shall
   either:
   				a. If reunification of the child with the child&#8217;s parent, guardian,
   or legal custodian remains the plan, request that the court continue temporary
   custody of the child with the caregiver, if appropriate, and enter such terms
   and conditions that would promote the child&#8217;s interest and welfare,
   provide ongoing services to the family, and provide for further court review
   of the child&#8217;s placement in accordance with the court&#8217;s authority
   in subdivision A 1 of &#xA7; 16.1-278.2; or
   				b. If reunification of the child with the child&#8217;s parent, guardian,
   or legal custodian is no longer the plan, request the court to enter a final
   order of custody to the caregiver. If further services are necessary to ensure
   the child&#8217;s safety and welfare with the caregiver, the local department
   may keep the case open as an In-Home Services case until stability for the
   child is achieved.

   3. If the court denies the removal of the child, the local department shall
   seek a child protective order to provide continued services for the child and
   the child&#8217;s parent, guardian, or legal custodian to ensure the
   child&#8217;s safety and welfare. If the child protective order is granted,
   the case shall remain open as an In-Home Services case.

   4. The alternate living arrangement service plan shall include provisions
   describing the following:
   				a. The facts and circumstances that provide the basis for the safety
   assessment indicating that the child cannot remain safely in the home;
   				b. The responsibilities of the child&#8217;s parent, guardian, or legal
   custodian and the caregiver;
   				c. Visitation arrangements for the child&#8217;s parent, guardian, or
   legal custodian and conditions under which and methods by which the
   child&#8217;s parent, guardian, or legal custodian may contact the child;
   				d. The responsibilities of the local department, including any services to
   be provided to the child, the child&#8217;s parent, guardian, or legal
   custodian, and the caregiver; and
   				e. Any other term the local department determines necessary for the safety
   and welfare of the child.

HISTORY: 2024, cc. 629, 662.