FAC FIGHTING CPS IN VIRGINIA

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN VIRGINIA

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Created by LisaNJG Mar 12, 2010 at 9:47pm. Last updated by LisaNJG Mar 13, 2010.

95 COUNTIES OF VIRGINIA & INDEPENDENT CITIES

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VIRGINIA STATUTES


VIRGINIA LAWS & STATUTES:
Child Abuse and Neglect

Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.

Consequences
This issue is not addressed in the statutes reviewed.


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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: Va. Code Ann. § 63.2-1509 (LexisNexis through 2007 Reg. Sess.)


This subsection [enumerating mandated reporters] shall not apply to any regular minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination usually referred to as a church as it relates to (i) information required by the doctrine of the religious organization or denomination to be kept in a confidential manner or (ii) information that would be subject to § 8.01-400 or 19.2-271.3 if offered as evidence in court.


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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

Va. Code Ann. § 63.2-1507 (LexisNexis through 2007 Reg. Sess.)

All law enforcement departments and other State and local departments, agencies, authorities, and institutions shall cooperate with each child protective services coordinator of a local department and any multidiscipline teams in the detection and prevention of child abuse.


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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Ann. Code § 63.2-100

Abused or neglected child means any child less than age 18:
Whose parents or other person responsible for his or her care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions
Who is with the parent or other responsible person either (1) during the manufacture or attempted manufacture of a Schedule I or II controlled substance or (2) during the unlawful sale of such substance, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation
Whose parents or other responsible person creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment, with a person to whom the child is not related by blood or marriage and who the parent or other responsible person knows has been convicted of an offense against a minor for which registration is required as a violent sexual offender


Neglect
Citation: Ann. Code § 63.2-100

Abused or neglected child means any child less than age 18:
Whose parents or other person responsible for his or her care neglects or refuses to provide care necessary for his or her health
Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco parentis


Sexual Abuse
Citation: Ann. Code § 63.2-100

Abused or neglected child means any child less than age 18 whose parents or other person responsible for his or her care commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law.

Emotional Abuse
Citation: Ann. Code § 63.2-100

Abused or neglected child means any child less than age 18 whose parents or other person responsible for his or her care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a mental injury, or creates a substantial risk of impairment of mental functions.

Abandonment
Citation: Ann. Code § 63.2-100

Abused or neglected child means any child less than age 18 whose parents or other person responsible for his or her care abandons such child.

Standards for Reporting
Citation: Ann. Code § 63.2-100

A report is required when the child is injured or at substantial risk of impairment.

Persons Responsible for the Child
Citation: Ann. Code § 63.2-100

Responsible persons include the child's parents or other person responsible for the care of the child.

Exceptions
Citation: Ann. Code § 63.2-100

No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child.


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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Ann. Code §§ 16.1-228; 38.2-508(7)

''Family abuse'' means any act involving violence, force, or threat including, but not limited to, any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury and which is committed by a person against such person's family or household member.
The term ''domestic violence'' means the occurrence of one or more of the following acts by a current or former family or household member, as defined in § 16.1-228:

Attempting to cause or causing or threatening another person physical harm, severe emotional distress, psychological trauma, rape, or sexual assault
Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm
Subjecting another person to false imprisonment
Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person


Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation:

This issue is not addressed in the statutes reviewed.

Persons Included in the Definition
Citation: Ann. Code § 16.1-228

''Family or household member'' means:
The person's spouse, whether or not he or she resides in the same home with the person
The person's former spouse, whether or not he or she resides in the same home with the person
The person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren regardless of whether such persons reside in the same home with the person
The person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person
Any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time
Any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person



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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Ann. Code § 63.2-1515

The information contained in the central registry shall not be open to inspection by the public.

Persons or Entities Allowed Access to Records
Ann. Code § 63.2-1515

Appropriate disclosure may be made in accordance with board regulations.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening
Citation: Ann. Code § 63.2-1515

The department shall respond to requests for a search of the central registry made by local departments and local school boards regarding applicants for employment.
A central registry check shall be conducted of a person who has applied to be a volunteer with a:

Virginia affiliate of Big Brothers/Big Sisters of America
Virginia affiliate of Compeer
Virginia affiliate of Childhelp USA
Volunteer fire company or volunteer rescue squad
Court Appointed Special Advocate program



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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Ann. Code § 63.2-1514
The State Department of Social Services shall maintain a child abuse and neglect information system that includes a central registry of founded complaints.

Purpose
Citation: Ann. Code § 63.2-1514
The purpose of these records is to provide local departments with information regarding prior complaints or reports.

Contents
Citation: Ann. Code §§ 63.2-1514; 63.2-1515
The central registry shall include founded reports and such information as prescribed by State board regulation. When the founded case does not name a parent or guardian of the child as the abuser, the child's name shall not be entered in the registry without permission of the parent or guardian.

Maintenance
Citation: Ann. Code § 63.2-1514
The department shall maintain all unfounded investigations, family assessments, and reports determined not to be valid in a record that is separate from the central registry.
The record of unfounded investigations and complaints and reports determined not valid shall be purged 1 year after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report in that 1 year. The local department shall retain such records for an additional period of up to 2 years if requested in writing by the person who is the subject of such complaint or report.



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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Va. Code Ann. § 63.2-1512 (LexisNexis through End of 2008 2nd Spec. Sess.)
Statute:
Any person who makes a report or complaint pursuant to the reporting laws, takes a child into custody pursuant to law, or participates in a judicial proceeding resulting therefrom shall be immune from any civil or criminal liability in connection therewith, unless it is proven that such person acted in bad faith or with malicious intent.


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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Ann. Code § 63.2-1509
A mandated reporter who has reason to suspect that a child is an abused or neglected child shall report the matter immediately to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the toll-free child abuse and neglect hotline of the Department of Social Services.
If an employee of the local department is suspected of abusing or neglecting a child, the report shall be made to the court of the county or city where the abuse or neglect was discovered. Upon receipt of such a report by the court, the judge shall assign the report to a local department that is not the employer of the suspected employee for investigation or family assessment.

The initial report may be an oral report but such report shall be reduced to writing by the child abuse coordinator of the local department on a form prescribed by the State Board of Social Services.

Content of Reports
Citation: Ann. Code § 63.2-1509
A mandated reporter shall disclose all information that is the basis for his or her suspicion of abuse or neglect of the child and, upon request, shall make available to the child protective services coordinator and the local department that is the agency of jurisdiction any information, records, or reports that document the basis for the report.

Special Reporting Procedures

Suspicious Deaths
Citation: Ann. Code § 63.2-1503(D)-(E)
The local department shall upon receipt of a complaint, report immediately to the attorney for the Commonwealth and the local law enforcement agency and make available to them the records of the local department when abuse or neglect is suspected in any case involving the death of a child.

When abuse or neglect is suspected in any case involving the death of a child, the local department shall report the case immediately to the regional medical examiner and the local law enforcement agency.

Substance-Exposed Infants
Citation: Ann. Code § 63.2-1503(D)
The local department shall upon receipt of a complaint, report immediately to the attorney for the Commonwealth and the local law enforcement agency and make available to them the records of the local department when abuse or neglect is suspected in any case involving any felony or Class 1 misdemeanor drug offense involving a child.

Screening Reports
Citation: Ann. Code §§ 63.2-1504; 1505; 1506; 1516.01; Admin. Code Tit. 22, § 40-705-10
The department shall implement a child protective services differential response system that will allow local departments to respond to valid reports of child abuse or neglect by conducting either an investigation or a family assessment.

An investigation will determine:

The immediate safety needs of the child
Risk of future harm to the child
Whether abuse or neglect has occurred
If abuse or neglect has occurred, who abused or neglected the child
A finding of either founded or unfounded based on the facts collected during the investigation
If the local department responds to the report or complaint by conducting an investigation, the local department shall make immediate investigation and determine within 45 days if a report of abuse or neglect is founded or unfounded. It will transmit a report to such effect to the Department of Social Services and to the person who is the subject of the investigation.

A family assessment will determine:

The immediate safety needs of the child
The protective and rehabilitative services needs of the child and family
Risk of future harm to the child
Alternative plans for the child's safety if protective and rehabilitative services are indicated and the family is unable or unwilling to participate
If the local department responds to the report or complaint by conducting an investigation, the local department shall make immediate investigation and determine within 45 days if a report of abuse or neglect is founded or unfounded. It will transmit a report to such effect to the Department of Social Services and to the person who is the subject of the investigation.



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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Ann. Code § 63.2-1509

The following professionals are required to report:
Persons licensed to practice medicine or any of the healing arts
Hospital residents, interns, or nurses
Social workers or probation officers
Teachers or other persons employed in a public or private school, kindergarten, or nursery school
Persons providing full-time or part-time child care for pay on a regularly planned basis
Mental health professionals
Law enforcement officers or mediators
Any professional staff person, not previously enumerated, employed by a private or State-operated hospital, institution, or facility to which children have been committed or where children have been placed for care and treatment
Any person associated with or employed by any private organization responsible for the care, custody, or control of children
Court-appointed special advocates
Any person, over age 18, who has received training approved by the Department of Social Services for the purposes of recognizing and reporting child abuse and neglect
Any person employed by a local department who determines eligibility for public assistance


Reporting by Other Persons
Citation: Ann. Code § 63.2-1510

Any person who suspects that a child is abused or neglected may report.

Standards for Making a Report
Citation: Ann. Code § 63.2-1509

A report is required when, in his or her professional or official capacity, a reporter has reason to suspect that a child is abused or neglected. For purposes of this section, ''reason to suspect that a child is abused or neglected'' shall include:
A finding made by an attending physician within 7 days of a child's birth that the results of a blood or urine test conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physician
A finding by an attending physician made within 48 hours of a child's birth that the child was born dependent on a controlled substance that was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms
A diagnosis by an attending physician made within 7 days of a child's birth that the child has an illness, disease, or condition that, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance that was not prescribed by a physician for the mother or the child
A diagnosis by an attending physician made within 7 days of a child's birth that the child has fetal alcohol syndrome attributable to in utero exposure to alcohol


Privileged Communications
Citation: Ann. Code §§ 63.2-1509; 63.2-1519

[The requirement to report] shall not apply to any regular minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination usually referred to as a church as it relates to information required by the doctrine of the religious organization or denomination to be kept in a confidential manner.
The physician-patient or husband-wife privilege is not permitted.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Not addressed in statutes reviewed.



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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Va. Code Ann. § 18.2-248.02 (LexisNexis through 2008 Sp. Sess.)

Statute Text:

Any person age 18 or older who maintains a custodial relationship over a child younger than age 18, including, but not limited to, a parent, stepparent, grandparent, stepgrandparent, or who stands in loco parentis with respect to such child, and who knowingly allows that child to be present in the same dwelling, apartment, unit of a hotel, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine, as prohibited § 18.2-248(C1), is guilty of a felony punishable by imprisonment for not less than 10 years nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.

Citation: Va. Code Ann. § 63.2-1509(B) (LexisNexis through 2008 Sp. Sess.)

Statute Text:

For purposes of the reporting law, ''reason to suspect that a child is abused or neglected'' shall include:
A finding made by an attending physician within 7 days of a child's birth that the results of a blood or urine test conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physician
A finding by an attending physician made within 48 hours of a child's birth that the child was born dependent on a controlled substance that was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms
A diagnosis by an attending physician made within 7 days of a child's birth that the child has an illness, disease, or condition that, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance that was not prescribed by a physician for the mother or the child
A diagnosis by an attending physician made within 7 days of a child's birth that the child has fetal alcohol syndrome attributable to in utero exposure to alcohol
When ''reason to suspect'' is based upon this subsection, such fact shall be included in the report along with the facts relied upon by the person making the report.



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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Ann. Code § 63.2-1509(D)

[Effective January 1, 2007]
Any person required to report pursuant to this section who fails to do so within 72 hours of his or her first suspicion of child abuse or neglect shall be fined:

Not more than $500 for the first failure
Not less than $100 nor more than $1,000 for any subsequent failures


False Reporting
Ann. Code § 63.2-1513(A)

Any person 14 years of age or older who makes or causes to be made a report of child abuse or neglect that he or she knows to be false shall be guilty of a Class 1 misdemeanor.
Any person 14 years of age or older who has been previously convicted under this subsection and who is subsequently convicted of making a false report of child abuse or neglect shall be guilty of a Class 6 felony.



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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Ann. Code § 63.2-1526

A person who is suspected of or is found to have committed abuse or neglect may, within 30 days of being notified of that determination, request the local Department of Social Services making the determination to amend the determination and the local department's related records.
Upon written request, the local department shall provide the appellant all information used in making its determination. The local department shall hold an informal conference where such person, who may be represented by counsel, shall be entitled to informally present testimony of witnesses, documents, factual data, arguments, or other submissions of proof to the local department.

If the local department refuses the request for amendment or fails to act within 45 days after receiving the request, the person may, within 30 days thereafter, petition the commissioner, who shall grant a hearing to determine whether it appears, by a preponderance of evidence, that the determination or record contains information that is irrelevant or inaccurate regarding the commission of abuse or neglect by the person who is the subject of the determination.

The hearing officer shall have the authority to issue subpoenas for the production of documents and the appearance of witnesses, and to determine the number of depositions that will be allowed. The person who is the subject of the report has the right to submit oral or written testimony or documents, and to be informed of the procedure by which information will be made available or withheld. The alleged child victims of the person and their siblings shall not be subpoenaed, deposed, or required to testify.

Such hearing officers are empowered to order the amendment of such determination or records as required to make them accurate and consistent with the requirements of law or regulation.


If, after hearing the facts of the case, the hearing officer determines that the person who is the subject of the report has presented information that was not available to the local department at the time of the local conference and that, if available, may have resulted in a different determination by the local department, he or she may remand the case to the local department for reconsideration.

The local department shall have 14 days in which to reconsider the case. If, at the expiration of 14 days, the local department fails to act or fails to amend the record to the satisfaction of the appellant, the case shall be returned to the hearing officer for a determination. If aggrieved by the decision of the hearing officer, such person may obtain further review of the decision in accordance with article 5 of the Administrative Process Act.

Whenever an appeal of the local department's finding is made and a criminal charge is also filed against the appellant for the same conduct involving the same victim as investigated by the local department, the appeal process shall automatically be stayed until the criminal prosecution in circuit court is completed. During such stay, the appellant's right of access to the records of the local department regarding the matter being appealed shall also be stayed.

Once the criminal prosecution in circuit court has been completed, the local department shall advise the appellant in writing of his or her right to resume his or her appeal within the timeframes provided by law and regulation.

When Records Must Be Expunged
Ann. Code § 63.2-1514

The record of unfounded investigations and complaints and reports determined to be not valid shall be purged 1 year after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report in that 1 year.

The record of family assessments shall be purged 3 years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the report in that 3-year period.

The child protective services records regarding the petitioner that result from such complaint or report shall be purged immediately by any custodian of such records upon presentation to the custodian of a certified copy of a court order that there has been a civil action that determined that the complaint or report was made in bad faith or with malicious intent. After purging the records, the custodian shall notify the petitioner in writing that the records have been purged.



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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Ann. Code § 16.1-281

In any case in which (i) a local board of social services places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardian, or (ii) legal custody of a child is given to a local board of social services, a child welfare agency, or the local department of social services, a foster care plan shall be prepared for such child.
The individual family service plan developed by the family assessment and planning team pursuant to § 2.2-5208 may be accepted by the court as the foster care plan if it meets the requirements of this section.
The plan must be filed with the juvenile and domestic relations district court within 60 days following the transfer of custody or the board's or public agency's placement of the child unless the court, for good cause shown, allows an extension of time, that shall not exceed an additional 60 days.


Who May Participate in the Case Planning Process
Citation: Ann. Code § 16.1-281

The local Department of Social Services or child welfare agency shall prepare the foster care plan.
The representatives of the department or agency shall involve the child's parent(s) in the development of the plan, except when parental rights have been terminated or the local department or child welfare agency has made diligent efforts to locate the parent(s) and such parent(s) cannot be located, and any other person or persons standing in loco parentis at the time the board or child welfare agency obtained custody or the board placed the child.
The representatives of the department or agency shall involve the child in the development of the plan, if such involvement is consistent with the best interests of the child.
If either the parent or child is not involved in the development of the plan, the reasons must be documented.


Contents of a Case Plan
Ann. Code § 16.1-281

The foster care plan shall describe in writing:
The programs, care, services, and other support that will be offered to the child and his or her parents and other prior custodians
The participation and conduct that will be sought from the child's parents and other prior custodians
The visitation and other contacts that will be permitted between the child and his or her parents and other prior custodians, and between the child and his or her siblings
The nature of the placement or placements that will be provided for the child
For children age 14 and older, the child's needs and goals in the areas of counseling, education, housing, employment, and money management skills development, along with specific independent living services that will be provided to the child to help him or her reach these goals
When appropriate for a child age 16 or older, the programs and services that will help the child prepare for the transition from foster care to independent living
If consistent with the child's health and safety, the reasonable efforts that will lead to the return of the child to his or her parents or other prior custodians within the shortest practicable time
The child's health and safety shall be the paramount concern of the court and the agency throughout the placement, case planning, service provision, and review process.



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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Statute Text:

This issue is not addressed in the statutes reviewed.


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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Ann. Code §§ 16.1-278.2; 16.1-281; 16.1-282; 16.1-282.1; 16.1-282.2
Hearings shall be scheduled as follows:
A dispositional hearing will be held within 75 days of removal to review and approve the foster care plan.
A foster care review shall be held within 75 days of the child's initial foster care placement to review and approve the foster care plan.
A foster care review hearing shall be held within 6 months of the dispositional hearing.
A permanency hearing will be held:
Within 30 days of a determination that reasonable efforts to reunify are not required
Within 11 months of the dispositional hearing
An additional foster care review hearing will be held annually for any child who remains in the custody of a local board of social services.


Persons Entitled to Attend Hearings
Citation: Ann. Code § 16.1-282
Notice of a hearing shall be provided to:
The child's parents
The child if he or she is age 12 or older
The child's guardian ad litem
Any other person standing in loco parentis
The foster parents
The petitioning board, public agency, or child welfare agency
Such other persons as the court, in its discretion, may direct, including, but not limited to, preadoptive parents for a child in foster care


Determinations Made at Hearings
Citation: Ann. Code § 16.1-282.1
Before approving a plan for the child, the court shall find:
When returning home remains the goal for the child, what progress the parent has made toward reunification with the child, whether the parent has maintained a close and positive relationship with the child, and whether the child is likely to return home within the near future
When returning home is not the goal for the child, what progress is being made to achieve the permanent goal identified by the plan
Whether reasonable efforts have been made


Permanency Options
Citation: Ann. Code § 16.1-281
Permanency options include:
Return to the parent
Transfer custody to a fit and willing relative
Adoption
Permanent foster care
Independent living for a child age 16 or older
Another planned permanent living arrangement



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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Ann. Code § 63.2-1721

Foster parents and any adults residing in the home shall undergo background checks prior to approval. Background checks require:
A criminal history record check
A search of the central registry for any founded complaint of child abuse and neglect
Conviction of a ''barrier crime'' shall disqualify an applicant. ''Barrier crime'' includes:
Murder or manslaughter
Malicious wounding
Abduction for immoral purposes
Assaults and bodily wounding
Robbery, burglary, or carjacking
Threats of death or bodily injury
Felony stalking
Sexual assault
Arson
Drive-by shooting
Use of a machine gun or sawed-off shotgun in a crime of violence
Pandering, crimes against nature involving children, incest, or taking indecent liberties with children
Abuse and neglect of children or failure to secure medical attention for an injured child
Child pornography
Abuse and neglect of incapacitated adults
Delivery of drugs to prisoners
Any felony violation relating to possession or distribution of drugs
A foster home may also be disqualified for:
A conviction of any other felony not listed above unless 5 years have elapsed since conviction
A founded complaint of child abuse or neglect
A child-placing agency may approve as a foster parent an applicant who has been:
Convicted of not more than one misdemeanor not involving abuse, neglect, or moral turpitude of a minor, provided 10 years have elapsed following the conviction
Convicted of statutory burglary for breaking and entering a dwelling home or other structure with intent to commit larceny, who has had his civil rights restored by the Governor, provided 25 years have elapsed
Convicted of felony possession of drugs who has had his or her civil rights restored by the Governor, provided 10 years have elapsed


Requirements for Adoptive Parents
Citation: Ann. Code § 63.2-1721

Adoptive parents and any adults residing in the home shall undergo background checks prior to approval. Background checks require:
A criminal history record check
A search of the central registry for any founded complaint of child abuse and neglect
Conviction of a ''barrier crime'' shall disqualify an applicant. ''Barrier crime'' includes:
Murder or manslaughter
Malicious wounding
Abduction for immoral purposes
Assaults and bodily wounding
Robbery, burglary, or carjacking
Threats of death or bodily injury
Felony stalking
Sexual assault
Arson
Drive-by shooting
Use of a machine gun or sawed-off shotgun in a crime of violence
Pandering, crimes against nature involving children, incest, or taking indecent liberties with children
Abuse and neglect of children or failure to secure medical attention for an injured child
Child pornography
Abuse and neglect of incapacitated adults
Delivery of drugs to prisoners
Any felony violation relating to possession or distribution of drugs
An adoptive home may also be disqualified for:
A conviction of any other felony not listed above unless 5 years have elapsed since conviction
A founded complaint of child abuse or neglect
A child-placing agency may approve as an adoptive parent an applicant who has been:
Convicted of not more than one misdemeanor not involving abuse, neglect, or moral turpitude of a minor, provided 10 years have elapsed following the conviction
Convicted of statutory burglary for breaking and entering a dwelling home or other structure with intent to commit larceny, who has had his civil rights restored by the Governor, provided 25 years have elapsed
Convicted of felony possession of drugs who has had his or her civil rights restored by the Governor, provided 10 years have elapsed



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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: Va. Code Ann. § 20-124.3 (LexisNexis through 2007 Reg. Sess.)

Statute Text:

In determining the best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to law, the court shall consider the following:
The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs
The age and physical and mental condition of each parent
The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child
The needs of the child, giving due consideration to other important relationships of the child, including, but not limited to, siblings, peers, and extended family members
The role that each parent has played and will play in the future, in the upbringing and care of the child
The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child
The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child
The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference
Any history of family abuse as that term is defined in § 16.1-228
Such other factors as the court deems necessary and proper to the determination
If the court finds...a history [of abuse], the court may disregard the factors above [regarding a parent’s willingness to support the child's relationship with the other parent].



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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 16.1-283

The court may terminate a parent's parental rights under any of the following circumstances:
The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:
Emotional illness, mental illness, or mental deficiency
Habitual abuse or addiction to intoxicating liquors, narcotics, or other dangerous drugs
The parent has subjected the child to aggravated circumstances, including, but not limited to, torture, chronic or severe abuse, or chronic or severe sexual abuse. It includes the failure to protect the child from such conduct.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:
Murder or voluntary manslaughter of a child of the parent, a child with whom the parent resided, or the other parent of the child
Felony attempt, conspiracy, or solicitation to commit any such offense
A felony assault that results in serious bodily injury, felony bodily wounding, or felony sexual assault, and the victim was a child of the parent or a child residing with the parent
The parent has failed to maintain continuing contact with the child for 6 months after the child has been placed in foster care.
Parental rights to another child of the parent have been involuntarily terminated.


Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Code § 16.1-283

Notwithstanding any other provisions of this section, residual parental rights shall not be terminated if it is established that the child, if he or she is age 14 or older or otherwise of an age of discretion as determined by the court, objects to such termination.
Residual parental rights of a child age 14 or older may be terminated over the objection of the child if the court finds that any disability of the child reduces the child's developmental age and that the child is not otherwise of an age of discretion.



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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Ann. Code §§ 18.2-371.1; 40.1-103

A child may be relinquished within the first 14 days after his or her birth.

Who May Relinquish the Infant
Ann. Code §§ 18.2-371.1; 40.1-103

The child may be relinquished by his or her parent.

Who May Receive the Infant
Ann. Code §§ 18.2-371.1; 40.1-103

The child may be delivered to:
A hospital that provides 24-hour emergency services
A rescue squad that employs emergency medical technicians


Responsibilities of the Safe Haven Provider

This issue is not addressed in the statutes reviewed.

Immunity for the Provider
Ann. Code § 8.01-226.5:2

Any personnel of a hospital or rescue squad receiving a child who has been voluntarily relinquished by his or her parent shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel.

Protection for Relinquishing Parent
Ann. Code §§ 18.2-371.1; 40.1-103

Relinquishment of the child shall be an affirmative defense to prosecution of a parent for abuse or neglect of children, cruelty to children, or endangering a child. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

Effect on Parental Rights
Ann. Code § 63.2-910.1

A local department shall have authority to:
Take custody of the child
Arrange an appropriate placement
Institute proceedings to terminate parental rights



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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Websites for Statutes: http://legis.state.va.us
http://leg1.state.va.us/000/src.htm
Citations:

Adoption: Title 63.2, Chapters 12 through 14
Child Protection: Title 63.2, Chapter 15
Child Welfare: Title 63.2, Chapter 9 through 11; Title 16.1, Chapter 11, §§ 16.1-281 through 16.1-283

Regulation/Policy

Website for Administrative Code: http://leg1.state.va.us/000/reg/TOC.HTM
Note:
See Title 22, Agency 40








Other Resources


Department of Social Services

Manuals
www.dss.virginia.gov/about/manuals.html
Note: See Child Related Programs and Services
CPS Publications
www.dss.virginia.gov/family/cps/publications.cgi
A Guide for Mandated Reporters in Recognizing and Reporting Child Abuse and Neglect
www.dss.virginia.gov/files/division/dfs/cps/mandated_reporter_information/
mandatedreporterbooklet3-07.pdf (PDF - 1310 KB)
Foster Care Laws, Regulations, and Guidance
www.dss.virginia.gov/family/fc/procedures.html
Interstate Compact on the Placement of Children Publications
www.dss.virginia.gov/family/interstate_pub.html
Child Placement Agencies (CPA) Regulations, Code, and Interpretations
www.dss.virginia.gov/facility/cpa/standards.cgi

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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Ann. Code § 16.1-281
If the department concludes that it is not reasonably likely that the child can be returned to his or her prior family within a practicable time, it shall design a placement plan to lead to the child's successful placement with a relative if a subsequent transfer of custody to the relative is planned.

Requirements for Placement with Relatives
Citation: Ann. Code §§ 16.1-281; 16.1-283
Any order transferring custody of the child to a relative other than the child'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:
Is found by the court to be willing and qualified to receive and care for the child
Is willing to have a positive, continuous relationship with the child
Is committed to providing a permanent, suitable home for the child
Is willing and has the ability to protect the child from abuse and neglect
The court's order transferring custody to a relative should further provide for, as appropriate, any terms or conditions which would promote the child's interest and welfare, ongoing provision of social services to the child and the child's custodian, and court review of the child's placement.

Relatives Who May Adopt
Citation: Ann. Code § 63.2-1242.1

A ''close relative placement'' shall be an adoption by the child's grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, or adult great-uncle or great-aunt.

In a close relative placement, the court may accept the written and signed consent of the birth parent(s) that is signed under oath and acknowledged by an officer authorized by law to take such acknowledgements.

Requirements for Adoption by Relatives
Citation: Ann. Code §§ 63.2-1242.2; 63.2-1242.3
When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent who is a close relative for less than 3 years, the adoption proceeding, including court approval of the home study, shall commence in the juvenile and domestic relations district court pursuant to the parental placement adoption provisions of this chapter with the following exceptions:

The birth parent's consent does not have to be executed in juvenile and domestic relations district court in the presence of the prospective adoptive parents.
The simultaneous meeting specified in § 63.2-1231 is not required.
No hearing is required for this proceeding.
When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent who is a close relative for 3 or more years, the parental placement provisions of this chapter shall not apply and the adoption proceeding shall commence in the circuit court.

For close relative adoptive placement:

An order of reference, an investigation, and a report shall not be made if the home study report is filed with the court unless the court, in its discretion, requires an investigation and report to be made.
The court may omit the probationary period and the interlocutory order and enter a final order of adoption when the court is of the opinion that the entry of an order would otherwise be proper.
If the court determines that there is a need for an additional investigation, it shall refer the matter to the licensed child-placing agency that drafted the home study report for an investigation and report. The report shall be completed within such times as the court designates.



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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Ann. Code § 16.1-281
Reasonable efforts may include:
Programs, care, services, and other support offered to the child and parents
Participation and conduct to be sought from the child's parents
Visitation and other contact between the child and the parents


When Reasonable Efforts Are Required
Citation: Ann. Code § 16.1-281
Reasonable efforts must be made to return the child to his parents within the shortest practicable time.

When Reasonable Efforts Are NOT Required
Citation: Ann. Code § 16.1-281
Reasonable efforts to reunite the child with a parent are not required if the court finds that:
The parent's parental rights to another child have been terminated involuntarily.
The parent has been convicted of murder or voluntary manslaughter, or an attempt to commit such offense, if the victim was a child of the parent or the other parent of the child.
The parent has been convicted of felony assault resulting in serious bodily injury, or felony sexual assault, if the victim was a child of the parent.
The parent has subjected the child to aggravated circumstances that may include torture, chronic or severe abuse, or chronic or severe sexual abuse.



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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

Who Can Nominate a Standby Guardian
Citation: Ann. Code §§ 16.1-349; 16.1-351
A qualified parent may petition the juvenile court to approve a standby guardian for the child. ''Qualified parent'' means a parent who has been diagnosed by a licensed physician to be afflicted with a progressive or chronic condition caused by injury, disease, or illness from which, to a reasonable degree of medical probability, the patient cannot recover.
Any other person may file a petition. If the petitioner, however, is other than the child's custodial parent, the parent must give consent.

How to Establish a Standby Guardian
Citation: Ann. Code §§ 16.1-350; 16.1-352
Upon petition, the court may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specific triggering event. The petition shall include:

The name and address of the petitioner and his or her relationship to the child, the name and address of the child's qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known to the petitioner
The name, address, and birth date of the child
The proposed triggering event
Whether a determination of incompetence or debilitation has been made
Whether there is a significant risk that the parent will imminently become physically or mentally incapable of caring for the child or die as the result of a progressive chronic condition or illness
The name and address of the proposed standby guardian
Any known reasons as to why the child's other parent is not assuming or should not assume the responsibilities of a standby guardian
The parent may also name a standby guardian by executing a written designation at any time.
Children who are age 12 or older must be notified of any hearing.

How Standby Authority is Activated
Citation: Ann. Code §§ 16.1-352; 16.1-353
The authority of the standby guardian is effective:

Upon receipt by the standby guardian of a determination of incompetence or a certificate of death
If so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court
The court-approved standby guardian then has 30 days to file confirming documents with the court. A standby guardian by written designation must petition the court for approval as soon as possible, but no later than 30 days after the triggering event.

If the parent has died, the standby guardian has 90 days to petition for the appointment of a permanent guardian or initiate proceedings to determine custody of the child.

Involvement of the Noncustodial Parent
Citation: Ann. Code § 16.1-350
Each parent whose identity and whereabouts are known must be notified of the petition.

Another known parent, stepparent, adult sibling, or other adult related to the child may request a hearing within 10 days. The court cannot proceed if a custody case is pending.

Authority Relationship of the Parent and the Standby
Citation: Ann. Code §§ 16.1-349; 16.1-354
The standby guardian temporarily assumes the duties of guardian of a minor child on behalf of or in conjunction with a qualified parent upon the occurrence of a triggering event. This is meant to enable the parent to plan for the future care of a child, without terminating parental or legal rights.

When a standby guardian's authority is effective upon debilitation or incompetence of the parent, the standby guardian's authority to act on behalf of the parent continues even though the parent is restored to health unless the parent notifies the guardian and, if appropriate, the court, in writing.

Withdrawing Guardianship
Citation: Ann. Code § 16.1-354
The authority of a standby guardian who has been approved by the court may be revoked by the parent by filing a notice of revocation with the court.

At any time following his or her approval by the court, a standby guardian may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the parent.

When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing. A written designation may also be revoked by the execution of a subsequent inconsistent designation.



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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Ann. Code §§ 63.2-1246; 63.2-1247

Nonidentifying information may be disclosed to:
The adoptee who is age 18 or older
The licensed or authorized child-placing agencies providing services to the child
The adoptive parents
Identifying information may be released to:

The adoptee who is age 21 or older
The birth parents
An adult birth sibling


Access to Nonidentifying Information
Citation: Ann. Code § 63.2-1246

Nonidentifying information shall not be open to inspection, or be copied, by anyone other than those listed above, except upon the order of a circuit court upon good cause shown.

Mutual Access to Identifying Information
Citation: Ann. Code § 63.2-1247

For adoptions finalized on or after 7-1-1994, the following requests for disclosure of identifying information are permitted in the following circumstances:
The adoptee who is age 21 or older may apply for information about the birth family.
The birth parents and adult birth siblings may apply information about the adoptee.
When the adoptee is under age 18, the adoptive parents or other legal custodian of the child may apply for information about the birth family.
The Commissioner of Social Services shall designate the person or agency that made the investigation to attempt to locate and advise the person whose information is sought of the application. The designated person or agency shall report the results of the attempt to locate and advise the adoptee to the commissioner, including the effects that disclosure of the identifying information may have on the adoptee, the adoptive parents, and the birth family. The adoptee and the birth family may submit to the commissioner, and the commissioner shall consider, written comments stating the effect that the disclosure of identifying information may have upon any party. Upon a showing of good cause, the commissioner shall disclose the identifying information. When consent of the person being sought is not obtainable due to death or mental incapacity, the circuit court may release identifying information to the person making the request. In making this decision, the circuit court shall consider the needs and concerns of all persons involved.

In parental placement adoptions, where the consent to the adoption was executed on or after 7-1-1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is age 18 or older, and the birth parent who executed a written consent.

Access to Original Birth Certificate
Citation: Ann. Code § 32.1-261

The original birth certificate is available only upon order of the court.

Where the Information Can Be Located

Virginia Department of Social Services, Permanency Unit

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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Ann. Code § 63.2-1208
An investigation and report shall be made by:
A child-placing agency assigned by the court
The local department of social services, if no agency was retained to provide investigation services


Contents of Report About Person to be Adopted
Citation: Ann. Code § 63.2-1208
The report on the child shall include:
The child's physical and mental condition
The circumstances under which the child came to be placed with the adoptive family
The suitability of the child for the prospective parents


Contents of Report About Birth Parents
Citation: Ann. Code § 63.2-1208
The report on the birth parents shall include:
The reasons for placing the child for adoption
Whether the parents have abandoned the child or are morally unfit to have custody
Relevant physical and mental history, if known


Contents of Report About Adoptive Parents
Citation: Ann. Code § 63.2-1208
The report on the adoptive parent shall include:
Financial ability
Moral suitability
Whether the parent is in satisfactory health and mental condition to care for the adopted person



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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Ann. Code §§ 63.2-1202; 63.2-1241
[Effective July 1, 2007]
Consent shall be executed by:

The birth mother
Any man who:
Is an acknowledged father under § 20-49.1
Is an adjudicated father under § 20-49.8
Is a presumed father
Has registered with the Putative Father Registry pursuant to § 63.2-1249 et seq.
Is a putative father but who has not registered with the Putative Father Registry, if his identity is reasonably ascertainable
The child-placing agency or the local board having custody of the child, with the right to place the child for adoption, through court commitment or parental agreement
An agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates
In a stepparent adoption, the adoption may be granted when:

The noncustodial birth parent consents, under oath, in writing to the adoption
The mother swears, under oath, in writing, that the identity of the father is not reasonably ascertainable, rendering his consent unnecessary
The putative father named by the mother denies paternity of the child, rendering his consent unnecessary
The child is age 14 or older and has lived in the home of the person desiring to adopt the child for at least 5 years
The noncustodial birth parent is deceased
The noncustodial birth parent executes a denial of paternity under oath and in writing
The noncustodial birth parent:
Is not an acknowledged father
Is not an adjudicated father
Is not a presumed father
Is not a putative father who has registered with the Putative Father Registry and the putative father's identity is not reasonably ascertainable


Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 63.2-1202
Consent must be executed by the child if he or she is age 14 or older, unless the circuit court finds that the best interests of the child will be served by not requiring such consent.

When Parental Consent is not Needed
Citation: Ann. Code § 63.2-1202
No consent shall be required:
Of a birth father if he denies under oath and in writing the paternity of the child
When the birth father is convicted of rape, statutory rape, or incest or an equivalent offense of another State or any foreign jurisdiction, and the child was conceived as a result of such violation
Of any person whose parental rights have been terminated by a court of competent jurisdiction
Of a birth parent who, without just cause, has neither visited nor contacted the child for a period of 6 months prior to the filing of the petition for adoption
The failure of the nonconsenting party to appear at the scheduled hearing, either in person or by counsel, after proper notice has been given, shall constitute a waiver of any objection and right to consent to the adoption.

When Consent Can Be Executed
Citation: Ann. Code §§ 63.2-1202; 63.2-1233
A birth father not married to the mother of the child may consent to the termination of all of his parental rights prior to the birth of the child.

In a direct parental placement, the adoptive child must be at least in the third calendar day of life before the birth parents can execute consent before the juvenile and domestic relations court.

How Consent Must Be Executed
Citation: Ann. Code §§ 63.2-1202; 63.2-1233
No petition for adoption shall be granted unless written consent to the proposed adoption is filed with the petition. Such consent shall be in writing, signed under oath, and acknowledged before an officer authorized by law to take acknowledgments. A birth parent who is under age 18 shall have legal capacity to give consent to adoption and perform all acts related to adoption and shall be as fully bound thereby as if the birth parent had attained age 18.

In a direct parental placement, the birth parent or both birth parents, as the case may be, shall execute consent to the proposed adoption when they come before the juvenile and domestic relations district court in person and in the presence of the prospective adoptive parents. The juvenile and domestic relations district court shall accept the consent of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification to any nonconsenting birth parent.

The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father who is not married to the mother of the child at the time of the child's conception or birth if the birth father consents under oath and in writing to the adoption.

Revocation of Consent
Citation: Ann. Code §§ 63.2-1204; 63.2-1223; 63.2-1234
Parental consent to an adoption shall be revocable prior to the final order of adoption under these conditions:

Upon proof of fraud or duress
After placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents
A valid entrustment agreement terminating all parental rights and responsibilities to the child shall be revocable by either of the birth parents until the child has reached the age of 10 days, and 7 days have elapsed from the date of execution of the agreement. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the child has not been placed in the physical custody of adoptive parents at the time of such revocation. Revocation of an entrustment agreement shall be in writing and signed by the revoking party. The written revocation shall be delivered to the child-placing agency or local board to which the child was originally entrusted.

In a direct parental placement, consent shall be revocable by either consenting birth parent for any reason for up to 10 days from its execution. Once the child is 10 days old, no executed consent can be withdrawn.

Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party, and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed.



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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Ann. Code § 63.2-1201
Proceedings for the adoption of a minor child and for a change of name of such child shall be instituted only by petition to a circuit court.

Venue
Citation: Ann. Code § 63.2-1201

The petition must be filed in the county or city in which:
The petitioner resides.
The child-placing agency that placed the child is located.
A birth parent executed a consent.



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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption
Citation: Ann. Code § 63.2-1220(B)-(C)

Adoptive parents who are residents of the Commonwealth may petition the circuit court in the city or county where they reside for a report of adoption when the adoptive parents are seeking a Virginia certificate of birth for a child adopted in a foreign country that has postadoption reporting requirements and with whom the United States has diplomatic relations. The adoptive parents shall provide the circuit court with:
Evidence, such as an admission stamp in the child's passport, that the child was admitted to the United States with an immediate relative immigrant visa (IR-3)
A report of adoption on a form furnished by the State Registrar of Vital Records
Completed postadoption reports
A signed affidavit stating that any outstanding postadoption requirements shall be met as required by the foreign country
The affidavit shall also include the name by which the child is to be known.

The circuit court shall review all documents provided by the adoptive parents. If the circuit court finds that all requirements of this subsection have been met, the circuit court may issue the report of adoption to the State Registrar for issuance of a Virginia certificate of birth in accordance with § 32.1-262.

Except as provided above, adoptive parents seeking to have a child from a foreign country adopted or who choose to readopt a child from a foreign country in Virginia shall comply with all adoption requirements of this chapter in order to get a Virginia certificate of birth.

Application for a U.S. Birth Certificate
Citation: Ann. Code §§ 32.1-261(E); 32.1-262(D)

The State Registrar shall establish and register a Virginia certificate of birth for a person born in a foreign country and for whom a report or final order of adoption has been entered in a court of this Commonwealth when the State Registrar receives an adoption report as provided in § 32.1-262 and a request that such a certificate be established and registered. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption. The report shall not be subject to inspection except upon order of a court.

The birth certificate shall show the true or probable foreign country of birth and shall state that the certificate is not evidence of U.S. citizenship for the child for whom it is issued or for the adoptive parents.

When the State Registrar receives a report of adoption from a court in this Commonwealth for a person born in a foreign country, a birth certificate shall be registered for such person in accordance with the provisions of § 32.1-261, and a copy of the report of adoption shall be transmitted to the appropriate Federal agency.



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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Ann. Code § 64.1-5.1
For the purpose of determining rights to property or to determine succession by, through, or from a person, an adopted person is not the child of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and either birth parent.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Code § 64.1-5.1
For the purpose of determining rights to property or to determine succession by, through, or from a person, an adopted person is the child of the adopting parent(s).


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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

These issues are not addressed in statutes reviewed.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Ann. Code § 63.2-1218

Payment of the following expenses is permitted:
Medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization
Mental health counseling for the birth mother and birth father
Reasonable and necessary expenses for food, clothing, and shelter when the birth mother is unable to work due to her pregnancy
Reimbursement for expenses incurred incident to any court appearance, including, but not limited to, food, lodging, and transportation
Fees for legal services
Transportation to any of the services provided


Birth Parent Expenses Not Allowed
Citation: Ann. Code § 63.2-1218
Fees determined to be in excess of usual or customary are prohibited.

Allowable Payments for Arranging Adoption
Citation: Ann. Code § 63.2-1218
No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or other thing of value in connection with a placement or adoption, except reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services.

Allowable Payments for Relinquishing Child
Citation: Ann. Code § 63.2-1232(4)
In a parental placement adoption, all parties must verify for the court that they understand that no binding contract regarding placement or adoption of the child may exist based on any financial agreement.

Allowable Fees Charged by Department/Agency
Citation: Ann. Code § 63.2-1248
Local Departments of Social Services shall assess fees for home studies, investigations, visits, and reports. The fee charged shall not exceed the actual cost of the service.
The board shall adopt regulations and fee schedules, which shall include:

Standards for determining the petitioner's or applicant's ability to pay
A scale of fees based on the petitioner's or applicant's income and family size and the actual cost of the services provided


Accounting of Expenses Required by Court
Citation: Ann. Code § 63.2-1232(4)
In a parental placement adoption, any financial agreements or exchange of property among the parties and any fees paid or charged must be disclosed to the court.


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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"

This issue is not addressed in the statutes reviewed.

Putative father registry
Ann. Code §§ 63.2-1249; 63.2-1250

A Putative Father Registry is hereby established in the Department of Social Services. A man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered shall register with the Putative Father Registry before the birth of the child or within 10 days after the birth.
A man will not prejudice any rights by failing to register if:

A father-child relationship between the man and the child has been established pursuant to §§ 20-49.1 or 20-49.8, or the man is a presumed father as defined in § 63.2-1202.
The man commences a proceeding to adjudicate his paternity before a petition to accept consent or waive adoption consent or a petition for adoption or a petition for the termination of his parental rights is filed with the court.
Failure to register shall waive all rights of a man who is not an acknowledged, presumed, or adjudicated father to withhold consent to an adoption proceeding unless the man was led to believe through the birth mother's fraud that the pregnancy was terminated or the mother miscarried when in fact the baby was born, or that the child died when in fact the child is alive.

Any man who has engaged in sexual intercourse with a woman is deemed to be on legal notice that a child may be conceived and the man is entitled to all legal rights and obligations resulting therefrom. Lack of knowledge of the pregnancy does not excuse failure to register in a timely manner, except when the identity of such man is reasonably ascertainable.

Alternate means to establish paternity
Ann. Code § 20-49.1

The parent and child relationship between a child and a man may be established by:

Scientifically reliable genetic tests, including blood tests, that affirm at least a 98 percent probability of paternity.
A voluntary written statement of the father and mother made under oath acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind.
Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.

Required Information
Ann. Code § 63.2-1250

The department shall prepare a form for registering with the agency that shall require:

The registrant's name, date of birth, and Social Security number
The registrant's driver's license number and State of issuance
The registrant's home address, telephone number, and employer
The name, date of birth, ethnicity, address, and telephone number of the putative mother, if known
The State of conception
The place and date of birth of the child, if known
The name and gender of the child, if known


Revocation of claim to paternity
Ann. Code § 20-49.1

An acknowledgment of paternity may be rescinded by either party within 60 days from the date on which it was signed unless an administrative or judicial order relating to the child in an action to which the party seeking rescission was a party is entered prior to the rescission.
A written statement shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress, or a material mistake of fact. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown.

Access to information
Ann. Code § 63.2-1251

The department is not required to locate the mother of a child who is the subject of a registration, but the department shall send a copy of the notice of registration to the mother if an address is provided.

Information contained in the registry is confidential and may only be released on request to:

A court or a person designated by the court
The mother of the child who is the subject of the registration
An agency authorized by law to receive such information
A licensed child-placing agency
A support enforcement agency
A party or the party's attorney of record in an adoption proceeding or in a proceeding of termination of parental rights
A putative father registry in another State



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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.

Use of Advertisement
Citation: Ann. Code §§ 63.2-1218; 63.2-1225

No person shall advertise or solicit to perform any activity prohibited by this section.
A physician, attorney, or member of the clergy shall not charge any fee for recommending [a placement of a child for adoption] to a board or agency and shall not advertise that he or she is available to make such recommendations. An attorney may, however, charge for legal fees and services rendered in connection with the placement.



Use of Intermediaries/Facilitators
Citation: Ann. Code § 63.2-1218

No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service, or other thing of value in connection with a placement or adoption or any act undertaken pursuant to this chapter, except:

Reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services
Payment or reimbursement for medical expenses, insurance premiums, reasonable and necessary living expenses for the birth mother, reasonable expenses incurred incidental to any required court appearance including, but not limited to, transportation, food, and lodging
Usual and customary fees for legal services in adoption proceedings

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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Ann. Code § 63.2-1201
The following persons may adopt:
Any resident
A husband and wife jointly
A stepparent


Who May Be Adopted
Citation: Ann. Code §§ 63.2-1200; 63.2-1243
The following persons may be adopted:
A minor child
A person age 18 or older under the following circumstances:
The adopted person is a stepchild to whom the petitioner has stood in loco parentis for a period of at least 3 months.
The adopted person is a niece or nephew who has no living parents and who has lived in the home of the petitioner for at least 3 months.
The adopted person is the birth child of the petitioner or had resided in the home of the petitioner for a period of at least 3 months prior to reaching age 18.
The adopted person is at least 15 years younger than the petitioner, and the petitioner and the adopted person have known each other for at least 5 years prior to the filing of the petition for adoption.


Who May Place a Child for Adoption
Citation: Ann. Code § 63.2-1200
A child may be placed for adoption by:
A licensed child-placing agency
A local board of social services
The child's parent or legal guardian if the placement is a parental placement
An out-of-State agency that is licensed by that State, but any entrustment agreement must comply with Virginia law to be valid
 
 
 

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