§ 16.1-278.2. Abused, neglected, or abandoned children or children withoutparental care.
A. Within seventy-five days of a preliminary removal order hearing heldpursuant to § 16.1-252 or a hearing on a preliminary protective order heldpursuant to § 16.1-253, a dispositional hearing shall be held if the courtfound abuse or neglect and (i) removed the child from his home or (ii)entered a preliminary protective order. Notice of the dispositional hearingshall be provided to the child's parent, guardian, legal custodian or otherperson standing in loco parentis in accordance with § 16.1-263. The hearingshall be held and a dispositional order may be entered, although a parent,guardian, legal custodian or person standing in loco parentis fails to appearand is not represented by counsel, provided personal or substituted servicewas made on the person, or the court determines that such person cannot befound, after reasonable effort, or in the case of a person who is without theCommonwealth, the person cannot be found or his post office address cannot beascertained after reasonable effort. Notice shall also be provided to thelocal department of social services, the guardian ad litem and, if appointed,the court-appointed special advocate.
If a child is found to be (a) abused or neglected; (b) at risk of beingabused or neglected by a parent or custodian who has been adjudicated ashaving abused or neglected another child in his care; or (c) abandoned by hisparent or other custodian, or without parental care and guardianship becauseof his parent's absence or physical or mental incapacity, the juvenile courtor the circuit court may make any of the following orders of disposition toprotect the welfare of the child:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the child to remain with his parent, subject to such conditions andlimitations as the court may order with respect to such child and his parentor other adult occupant of the same dwelling;
3. Prohibit or limit contact as the court deems appropriate between the childand his parent or other adult occupant of the same dwelling whose presencetends to endanger the child's life, health or normal development. Theprohibition may exclude any such individual from the home under suchconditions as the court may prescribe for a period to be determined by thecourt but in no event for longer than 180 days from the date of suchdetermination. A hearing shall be held within 150 days to determine furtherdisposition of the matter that may include limiting or prohibiting contactfor another 180 days;
4. Permit the local board of social services or a public agency designated bythe community policy and management team to place the child, subject to theprovisions of § 16.1-281, in suitable family homes, child-caringinstitutions, residential facilities, or independent living arrangements withlegal custody remaining with the parents or guardians. The local board orpublic agency and the parents or guardians shall enter into an agreementwhich shall specify the responsibilities of each for the care and control ofthe child. The board or public agency that places the child shall have thefinal authority to determine the appropriate placement for the child.
Any order allowing a local board or public agency to place a child wherelegal custody remains with the parents or guardians as provided in thissection shall be entered only upon a finding by the court that reasonableefforts have been made to prevent placement out of the home and thatcontinued placement in the home would be contrary to the welfare of thechild; and the order shall so state.
5. After a finding that there is no less drastic alternative, transfer legalcustody, subject to the provisions of § 16.1-281, to any of the following:
a. A relative or other interested individual subject to the provisions ofsubsection A1 of this section;
b. A child welfare agency, private organization or facility that is licensedor otherwise authorized by law to receive and provide care for such child;however, a court shall not transfer legal custody of an abused or neglectedchild to an agency, organization or facility out of the Commonwealth withoutthe approval of the Commissioner of Social Services; or
c. The local board of social services of the county or city in which thecourt has jurisdiction or, at the discretion of the court, to the local boardof the county or city in which the child has residence if other than thecounty or city in which the court has jurisdiction. The local board shallaccept the child for care and custody, provided that it has been givenreasonable notice of the pendency of the case and an opportunity to be heard.However, in an emergency in the county or city in which the court hasjurisdiction, the local board may be required to accept a child for a periodnot to exceed fourteen days without prior notice or an opportunity to beheard if the judge entering the placement order describes the emergency andthe need for such temporary placement in the order. Nothing in this sectionshall prohibit the commitment of a child to any local board of socialservices in the Commonwealth when the local board consents to the commitment.The board to which the child is committed shall have the final authority todetermine the appropriate placement for the child.
Any order authorizing removal from the home and transferring legal custody ofa child to a local board of social services as provided in this section shallbe entered only upon a finding by the court that reasonable efforts have beenmade to prevent removal and that continued placement in the home would becontrary to the welfare of the child; and the order shall so state.
6. Transfer legal custody pursuant to subdivision 5 of this section and orderthe parent to participate in such services and programs or to refrain fromsuch conduct as the court may prescribe; or
7. Terminate the rights of the parent pursuant to § 16.1-283.
A1. Any order transferring custody of the child to a relative or otherinterested individual pursuant to subdivision A 5 a shall be entered onlyupon a finding, based upon a preponderance of the evidence, that the relativeor other interested individual is one who, after an investigation as directedby the court, (i) is found by the court to be willing and qualified toreceive and care for the child; (ii) is willing to have a positive,continuous relationship with the child; (iii) is committed to providing apermanent, suitable home for the child; and (iv) is willing and has theability to protect the child from abuse and neglect; and the order shall sostate. The court's order transferring custody to a relative or otherinterested individual should further provide for, as appropriate, any termsor conditions which would promote the child's interest and welfare; ongoingprovision of social services to the child and the child's custodian; andcourt review of the child's placement.
B. If the child has been placed in foster care, at the dispositional hearingthe court shall review the foster care plan for the child filed in accordancewith § 16.1-281 by the local department of social services, a public agencydesignated by the community policy and management team which places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardians, or child welfare agency.
C. Any preliminary protective orders entered on behalf of the child shall bereviewed at the dispositional hearing and may be incorporated, asappropriate, in the dispositional order.
D. A dispositional order entered pursuant to this section is a final orderfrom which an appeal may be taken in accordance with § 16.1-296.
(1991, c. 534; 1994, c. 865; 1997, c. 790; 2000, c. 385; 2002, c. 747.)
§ 16.1-278.2. Abused, neglected, or abandoned children or children withoutparental care.
A. Within seventy-five days of a preliminary removal order hearing heldpursuant to § 16.1-252 or a hearing on a preliminary protective order heldpursuant to § 16.1-253, a dispositional hearing shall be held if the courtfound abuse or neglect and (i) removed the child from his home or (ii)entered a preliminary protective order. Notice of the dispositional hearingshall be provided to the child's parent, guardian, legal custodian or otherperson standing in loco parentis in accordance with § 16.1-263. The hearingshall be held and a dispositional order may be entered, although a parent,guardian, legal custodian or person standing in loco parentis fails to appearand is not represented by counsel, provided personal or substituted servicewas made on the person, or the court determines that such person cannot befound, after reasonable effort, or in the case of a person who is without theCommonwealth, the person cannot be found or his post office address cannot beascertained after reasonable effort. Notice shall also be provided to thelocal department of social services, the guardian ad litem and, if appointed,the court-appointed special advocate.
If a child is found to be (a) abused or neglected; (b) at risk of beingabused or neglected by a parent or custodian who has been adjudicated ashaving abused or neglected another child in his care; or (c) abandoned by hisparent or other custodian, or without parental care and guardianship becauseof his parent's absence or physical or mental incapacity, the juvenile courtor the circuit court may make any of the following orders of disposition toprotect the welfare of the child:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the child to remain with his parent, subject to such conditions andlimitations as the court may order with respect to such child and his parentor other adult occupant of the same dwelling;
3. Prohibit or limit contact as the court deems appropriate between the childand his parent or other adult occupant of the same dwelling whose presencetends to endanger the child's life, health or normal development. Theprohibition may exclude any such individual from the home under suchconditions as the court may prescribe for a period to be determined by thecourt but in no event for longer than 180 days from the date of suchdetermination. A hearing shall be held within 150 days to determine furtherdisposition of the matter that may include limiting or prohibiting contactfor another 180 days;
4. Permit the local board of social services or a public agency designated bythe community policy and management team to place the child, subject to theprovisions of § 16.1-281, in suitable family homes, child-caringinstitutions, residential facilities, or independent living arrangements withlegal custody remaining with the parents or guardians. The local board orpublic agency and the parents or guardians shall enter into an agreementwhich shall specify the responsibilities of each for the care and control ofthe child. The board or public agency that places the child shall have thefinal authority to determine the appropriate placement for the child.
Any order allowing a local board or public agency to place a child wherelegal custody remains with the parents or guardians as provided in thissection shall be entered only upon a finding by the court that reasonableefforts have been made to prevent placement out of the home and thatcontinued placement in the home would be contrary to the welfare of thechild; and the order shall so state.
5. After a finding that there is no less drastic alternative, transfer legalcustody, subject to the provisions of § 16.1-281, to any of the following:
a. A relative or other interested individual subject to the provisions ofsubsection A1 of this section;
b. A child welfare agency, private organization or facility that is licensedor otherwise authorized by law to receive and provide care for such child;however, a court shall not transfer legal custody of an abused or neglectedchild to an agency, organization or facility out of the Commonwealth withoutthe approval of the Commissioner of Social Services; or
c. The local board of social services of the county or city in which thecourt has jurisdiction or, at the discretion of the court, to the local boardof the county or city in which the child has residence if other than thecounty or city in which the court has jurisdiction. The local board shallaccept the child for care and custody, provided that it has been givenreasonable notice of the pendency of the case and an opportunity to be heard.However, in an emergency in the county or city in which the court hasjurisdiction, the local board may be required to accept a child for a periodnot to exceed fourteen days without prior notice or an opportunity to beheard if the judge entering the placement order describes the emergency andthe need for such temporary placement in the order. Nothing in this sectionshall prohibit the commitment of a child to any local board of socialservices in the Commonwealth when the local board consents to the commitment.The board to which the child is committed shall have the final authority todetermine the appropriate placement for the child.
Any order authorizing removal from the home and transferring legal custody ofa child to a local board of social services as provided in this section shallbe entered only upon a finding by the court that reasonable efforts have beenmade to prevent removal and that continued placement in the home would becontrary to the welfare of the child; and the order shall so state.
6. Transfer legal custody pursuant to subdivision 5 of this section and orderthe parent to participate in such services and programs or to refrain fromsuch conduct as the court may prescribe; or
7. Terminate the rights of the parent pursuant to § 16.1-283.
A1. Any order transferring custody of the child to a relative or otherinterested individual pursuant to subdivision A 5 a shall be entered onlyupon a finding, based upon a preponderance of the evidence, that the relativeor other interested individual is one who, after an investigation as directedby the court, (i) is found by the court to be willing and qualified toreceive and care for the child; (ii) is willing to have a positive,continuous relationship with the child; (iii) is committed to providing apermanent, suitable home for the child; and (iv) is willing and has theability to protect the child from abuse and neglect; and the order shall sostate. The court's order transferring custody to a relative or otherinterested individual should further provide for, as appropriate, any termsor conditions which would promote the child's interest and welfare; ongoingprovision of social services to the child and the child's custodian; andcourt review of the child's placement.
B. If the child has been placed in foster care, at the dispositional hearingthe court shall review the foster care plan for the child filed in accordancewith § 16.1-281 by the local department of social services, a public agencydesignated by the community policy and management team which places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardians, or child welfare agency.
C. Any preliminary protective orders entered on behalf of the child shall bereviewed at the dispositional hearing and may be incorporated, asappropriate, in the dispositional order.
D. A dispositional order entered pursuant to this section is a final orderfrom which an appeal may be taken in accordance with § 16.1-296.
(1991, c. 534; 1994, c. 865; 1997, c. 790; 2000, c. 385; 2002, c. 747.)
§ 16.1-278.2. Abused, neglected, or abandoned children or children withoutparental care.
A. Within seventy-five days of a preliminary removal order hearing heldpursuant to § 16.1-252 or a hearing on a preliminary protective order heldpursuant to § 16.1-253, a dispositional hearing shall be held if the courtfound abuse or neglect and (i) removed the child from his home or (ii)entered a preliminary protective order. Notice of the dispositional hearingshall be provided to the child's parent, guardian, legal custodian or otherperson standing in loco parentis in accordance with § 16.1-263. The hearingshall be held and a dispositional order may be entered, although a parent,guardian, legal custodian or person standing in loco parentis fails to appearand is not represented by counsel, provided personal or substituted servicewas made on the person, or the court determines that such person cannot befound, after reasonable effort, or in the case of a person who is without theCommonwealth, the person cannot be found or his post office address cannot beascertained after reasonable effort. Notice shall also be provided to thelocal department of social services, the guardian ad litem and, if appointed,the court-appointed special advocate.
If a child is found to be (a) abused or neglected; (b) at risk of beingabused or neglected by a parent or custodian who has been adjudicated ashaving abused or neglected another child in his care; or (c) abandoned by hisparent or other custodian, or without parental care and guardianship becauseof his parent's absence or physical or mental incapacity, the juvenile courtor the circuit court may make any of the following orders of disposition toprotect the welfare of the child:
1. Enter an order pursuant to the provisions of § 16.1-278;
2. Permit the child to remain with his parent, subject to such conditions andlimitations as the court may order with respect to such child and his parentor other adult occupant of the same dwelling;
3. Prohibit or limit contact as the court deems appropriate between the childand his parent or other adult occupant of the same dwelling whose presencetends to endanger the child's life, health or normal development. Theprohibition may exclude any such individual from the home under suchconditions as the court may prescribe for a period to be determined by thecourt but in no event for longer than 180 days from the date of suchdetermination. A hearing shall be held within 150 days to determine furtherdisposition of the matter that may include limiting or prohibiting contactfor another 180 days;
4. Permit the local board of social services or a public agency designated bythe community policy and management team to place the child, subject to theprovisions of § 16.1-281, in suitable family homes, child-caringinstitutions, residential facilities, or independent living arrangements withlegal custody remaining with the parents or guardians. The local board orpublic agency and the parents or guardians shall enter into an agreementwhich shall specify the responsibilities of each for the care and control ofthe child. The board or public agency that places the child shall have thefinal authority to determine the appropriate placement for the child.
Any order allowing a local board or public agency to place a child wherelegal custody remains with the parents or guardians as provided in thissection shall be entered only upon a finding by the court that reasonableefforts have been made to prevent placement out of the home and thatcontinued placement in the home would be contrary to the welfare of thechild; and the order shall so state.
5. After a finding that there is no less drastic alternative, transfer legalcustody, subject to the provisions of § 16.1-281, to any of the following:
a. A relative or other interested individual subject to the provisions ofsubsection A1 of this section;
b. A child welfare agency, private organization or facility that is licensedor otherwise authorized by law to receive and provide care for such child;however, a court shall not transfer legal custody of an abused or neglectedchild to an agency, organization or facility out of the Commonwealth withoutthe approval of the Commissioner of Social Services; or
c. The local board of social services of the county or city in which thecourt has jurisdiction or, at the discretion of the court, to the local boardof the county or city in which the child has residence if other than thecounty or city in which the court has jurisdiction. The local board shallaccept the child for care and custody, provided that it has been givenreasonable notice of the pendency of the case and an opportunity to be heard.However, in an emergency in the county or city in which the court hasjurisdiction, the local board may be required to accept a child for a periodnot to exceed fourteen days without prior notice or an opportunity to beheard if the judge entering the placement order describes the emergency andthe need for such temporary placement in the order. Nothing in this sectionshall prohibit the commitment of a child to any local board of socialservices in the Commonwealth when the local board consents to the commitment.The board to which the child is committed shall have the final authority todetermine the appropriate placement for the child.
Any order authorizing removal from the home and transferring legal custody ofa child to a local board of social services as provided in this section shallbe entered only upon a finding by the court that reasonable efforts have beenmade to prevent removal and that continued placement in the home would becontrary to the welfare of the child; and the order shall so state.
6. Transfer legal custody pursuant to subdivision 5 of this section and orderthe parent to participate in such services and programs or to refrain fromsuch conduct as the court may prescribe; or
7. Terminate the rights of the parent pursuant to § 16.1-283.
A1. Any order transferring custody of the child to a relative or otherinterested individual pursuant to subdivision A 5 a shall be entered onlyupon a finding, based upon a preponderance of the evidence, that the relativeor other interested individual is one who, after an investigation as directedby the court, (i) is found by the court to be willing and qualified toreceive and care for the child; (ii) is willing to have a positive,continuous relationship with the child; (iii) is committed to providing apermanent, suitable home for the child; and (iv) is willing and has theability to protect the child from abuse and neglect; and the order shall sostate. The court's order transferring custody to a relative or otherinterested individual should further provide for, as appropriate, any termsor conditions which would promote the child's interest and welfare; ongoingprovision of social services to the child and the child's custodian; andcourt review of the child's placement.
B. If the child has been placed in foster care, at the dispositional hearingthe court shall review the foster care plan for the child filed in accordancewith § 16.1-281 by the local department of social services, a public agencydesignated by the community policy and management team which places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardians, or child welfare agency.
C. Any preliminary protective orders entered on behalf of the child shall bereviewed at the dispositional hearing and may be incorporated, asappropriate, in the dispositional order.
D. A dispositional order entered pursuant to this section is a final orderfrom which an appeal may be taken in accordance with § 16.1-296.
(1991, c. 534; 1994, c. 865; 1997, c. 790; 2000, c. 385; 2002, c. 747.)
