A. In any case in which (i) a local board of social services places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardian, or (ii) legal custody of a child isgiven to a local board of social services or a child welfare agency, thelocal department of social services or child welfare agency shall prepare afoster care plan for such child, as described hereinafter. The individualfamily service plan developed by the family assessment and planning teampursuant to § 2.2-5208 may be accepted by the court as the foster care planif it meets the requirements of this section.
The representatives of such department or agency shall involve the child'sparent(s) in the development of the plan, except when parental rights havebeen terminated or the local department of social services or child welfareagency 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 parentisat the time the board or child welfare agency obtained custody or the boardplaced the child. The representatives of such department or agency shallinvolve the child in the development of the plan, if such involvement isconsistent with the best interests of the child. In cases where either theparent(s) or child is not involved in the development of the plan, thedepartment or agency shall include in the plan a full description of thereasons therefor.
The department or child welfare agency shall file the plan with the juvenileand domestic relations district court within 60 days following the transferof custody or the board's placement of the child unless the court, for goodcause shown, allows an extension of time, which shall not exceed anadditional 60 days. However, a foster care plan shall be filed in accordancewith the provisions of § 16.1-277.01 with a petition for approval of anentrustment agreement. A foster care plan need not be prepared if the childis returned to his prior family or placed in an adoptive home within 60 daysfollowing transfer of custody to the board or agency or the board's placementof the child.
B. The foster care plan shall describe in writing (i) the programs, care,services and other support which will be offered to the child and his parentsand other prior custodians; (ii) the participation and conduct which will besought from the child's parents and other prior custodians; (iii) thevisitation and other contacts which will be permitted between the child andhis parents and other prior custodians, and between the child and hissiblings; (iv) the nature of the placement or placements which will beprovided for the child; (v) for children 14 years of age and older, thechild's needs and goals in the areas of counseling, education, housing,employment, and money management skills development, along with specificindependent living services that will be provided to the child to help himreach these goals; and (vi) where appropriate for children age 16 or over,the programs and services which will help the child prepare for thetransition from foster care to independent living. If consistent with thechild's health and safety, the plan shall be designed to support reasonableefforts which lead to the return of the child to his parents or other priorcustodians within the shortest practicable time which shall be specified inthe plan. The child's health and safety shall be the paramount concern of thecourt and the agency throughout the placement, case planning, serviceprovision and review process.
If the department or child welfare agency concludes that it is not reasonablylikely that the child can be returned to his prior family within apracticable time, consistent with the best interests of the child, in aseparate section of the plan the department, child welfare agency or teamshall (a) include a full description of the reasons for this conclusion; (b)provide information on the opportunities for placing the child with arelative or in an adoptive home; (c) design the plan to lead to the child'ssuccessful placement with a relative if a subsequent transfer of custody tothe relative is planned, or in an adoptive home within the shortestpracticable time, and if neither of such placements is feasible; (d) explainwhy permanent foster care or independent living for a child 16 years of ageor older is the plan for the child. "Independent living" as used in thissection has the meaning set forth in § 63.2-100.
The local board or other child welfare agency having custody of the childshall not be required by the court to make reasonable efforts to reunite thechild with a parent if the court finds that (1) the residual parental rightsof the parent regarding a sibling of the child have previously beeninvoluntarily terminated; (2) the parent has been convicted of an offenseunder the laws of the Commonwealth or a substantially similar law of anyother state, the United States or any foreign jurisdiction that constitutesmurder or voluntary manslaughter, or a felony attempt, conspiracy orsolicitation to commit any such offense, if the victim of the offense was achild of the parent, a child with whom the parent resided at the time suchoffense occurred or the other parent of the child; (3) the parent has beenconvicted of an offense under the laws of the Commonwealth or a substantiallysimilar law of any other state, the United States or any foreign jurisdictionthat constitutes felony assault resulting in serious bodily injury or felonybodily wounding resulting in serious bodily injury or felony sexual assault,if the victim of the offense was a child of the parent or a child with whomthe parent resided at the time of such offense; or (4) based on clear andconvincing evidence, the parent has subjected any child to aggravatedcircumstances, or abandoned a child under circumstances which would justifythe termination of residual parental rights pursuant to subsection D of §16.1-283.
As used in this section:
"Aggravated circumstances" means torture, chronic or severe abuse, orchronic or severe sexual abuse, if the victim of such conduct was a child ofthe parent or child with whom the parent resided at the time such conductoccurred, including the failure to protect such a child from such conduct,which conduct or failure to protect: (i) evinces a wanton or depravedindifference to human life, or (ii) has resulted in the death of such a childor in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts ofphysical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial riskof death, extreme physical pain, protracted and obvious disfigurement, orprotracted loss or impairment of the function of a bodily member, organ ormental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omissionthat occurred only once, but otherwise meets the definition of "aggravatedcircumstances."
Within 30 days of making a determination that reasonable efforts to reunitethe child with the parents are not required, the court shall hold apermanency planning hearing pursuant to § 16.1-282.1.
C. A copy of the entire foster care plan shall be sent by the court to thechild, if he is 12 years of age or older; the guardian ad litem for thechild, the attorney for the child's parents or for any other person standingin loco parentis at the time the board or child welfare agency obtainedcustody or the board placed the child, to the parents or other personstanding in loco parentis, and such other persons as appear to the court tohave a proper interest in the plan. However, a copy of the plan shall not besent to a parent whose parental rights regarding the child have beenterminated. A copy of the plan, excluding the section of the plan describingthe reasons why the child cannot be returned home and the alternative chosen,shall be sent by the court to the foster parents. A hearing shall be held forthe purpose of reviewing and approving the foster care plan. The hearingshall be held within 75 days of (i) the child's initial foster careplacement, if the child was placed through an agreement between the parentsor guardians and the local department of social services or a child welfareagency; (ii) the original preliminary removal order hearing, if the child wasplaced in foster care pursuant to § 16.1-252; (iii) the hearing on thepetition for relief of custody, if the child was placed in foster carepursuant to § 16.1-277.02; or (iv) the dispositional hearing at which thechild was placed in foster care and an order was entered pursuant to §16.1-278.2, 16.1-278.3, 16.1-278.4, 16.1-278.5, 16.1-278.6, or 16.1-278.8.However, the hearing shall be held in accordance with the provisions of §16.1-277.01 with a petition for approval of an entrustment agreement. If thejudge makes any revision in any part of the foster care plan, a copy of thechanges shall be sent by the court to all persons who received a copy of theoriginal of that part of the plan.
C1. Any order transferring custody of the child to a relative other than thechild's prior family shall be entered only upon a finding, based upon apreponderance of the evidence, that the relative is one who, after aninvestigation as directed by the court, (i) is found by the court to bewilling and qualified to receive and care for the child; (ii) is willing tohave a positive, continuous relationship with the child; (iii) is committedto providing a permanent, suitable home for the child; and (iv) is willingand has the ability to protect the child from abuse and neglect; and theorder shall so state. The court's order transferring custody to a relativeshould further provide for, as appropriate, any terms or conditions whichwould promote the child's interest and welfare; ongoing provision of socialservices to the child and the child's custodian; and court review of thechild's placement.
C2. Any order entered at the conclusion of the hearing that has the effect ofachieving a permanent goal for the child by terminating residual parentalrights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; byplacing the child in permanent foster care pursuant to clause (iv) ofsubsection A of § 16.1-282.1; or by directing the board or agency to providethe child with services to achieve independent living status, if the childhas attained the age of 16 years, pursuant to clause (v) of subsection A of §16.1-282.1 shall state whether reasonable efforts have been made to place thechild in a timely manner in accordance with the foster care plan and tocomplete the steps necessary to finalize the permanent placement of the child.
D. The court in which the foster care plan is filed shall be notifiedimmediately if the child is returned to his parents or other persons standingin loco parentis at the time the board or agency obtained custody or theboard placed the child.
E. At the conclusion of the hearing at which the initial foster care plan isreviewed, the court shall schedule a foster care review hearing to be heldwithin six months in accordance with § 16.1-282. However, if an order isentered pursuant to subsection C2, the court shall schedule a foster carereview hearing to be held within 12 months of the entry of such order inaccordance with the provisions of § 16.1-282.2. Parties who are present atthe hearing at which the initial foster care plan is reviewed shall be givennotice of the date set for the foster care review hearing and parties who arenot present shall be summoned as provided in § 16.1-263.
F. Nothing in this section shall limit the authority of the juvenile judge orthe staff of the juvenile court, upon order of the judge, to review thestatus of children in the custody of local boards of social services orplaced by local boards of social services on its own motion. The court shallappoint an attorney to act as guardian ad litem to represent the child anytime a hearing is held to review the foster care plan filed for the child orto review the child's status in foster care.
(1977, c. 559; 1978, cc. 732, 740; 1982, c. 171; 1984, c. 373; 1985, c. 210;1991, c. 98; 1994, cc. 604, 865; 1997, c. 790; 1998, c. 550; 2000, c. 385;2002, cc. 397, 512, 664, 729, 747; 2005, c. 653; 2008, cc. 397, 475, 483,678; 2009, c. 80.)
A. In any case in which (i) a local board of social services places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardian, or (ii) legal custody of a child isgiven to a local board of social services or a child welfare agency, thelocal department of social services or child welfare agency shall prepare afoster care plan for such child, as described hereinafter. The individualfamily service plan developed by the family assessment and planning teampursuant to § 2.2-5208 may be accepted by the court as the foster care planif it meets the requirements of this section.
The representatives of such department or agency shall involve the child'sparent(s) in the development of the plan, except when parental rights havebeen terminated or the local department of social services or child welfareagency 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 parentisat the time the board or child welfare agency obtained custody or the boardplaced the child. The representatives of such department or agency shallinvolve the child in the development of the plan, if such involvement isconsistent with the best interests of the child. In cases where either theparent(s) or child is not involved in the development of the plan, thedepartment or agency shall include in the plan a full description of thereasons therefor.
The department or child welfare agency shall file the plan with the juvenileand domestic relations district court within 60 days following the transferof custody or the board's placement of the child unless the court, for goodcause shown, allows an extension of time, which shall not exceed anadditional 60 days. However, a foster care plan shall be filed in accordancewith the provisions of § 16.1-277.01 with a petition for approval of anentrustment agreement. A foster care plan need not be prepared if the childis returned to his prior family or placed in an adoptive home within 60 daysfollowing transfer of custody to the board or agency or the board's placementof the child.
B. The foster care plan shall describe in writing (i) the programs, care,services and other support which will be offered to the child and his parentsand other prior custodians; (ii) the participation and conduct which will besought from the child's parents and other prior custodians; (iii) thevisitation and other contacts which will be permitted between the child andhis parents and other prior custodians, and between the child and hissiblings; (iv) the nature of the placement or placements which will beprovided for the child; (v) for children 14 years of age and older, thechild's needs and goals in the areas of counseling, education, housing,employment, and money management skills development, along with specificindependent living services that will be provided to the child to help himreach these goals; and (vi) where appropriate for children age 16 or over,the programs and services which will help the child prepare for thetransition from foster care to independent living. If consistent with thechild's health and safety, the plan shall be designed to support reasonableefforts which lead to the return of the child to his parents or other priorcustodians within the shortest practicable time which shall be specified inthe plan. The child's health and safety shall be the paramount concern of thecourt and the agency throughout the placement, case planning, serviceprovision and review process.
If the department or child welfare agency concludes that it is not reasonablylikely that the child can be returned to his prior family within apracticable time, consistent with the best interests of the child, in aseparate section of the plan the department, child welfare agency or teamshall (a) include a full description of the reasons for this conclusion; (b)provide information on the opportunities for placing the child with arelative or in an adoptive home; (c) design the plan to lead to the child'ssuccessful placement with a relative if a subsequent transfer of custody tothe relative is planned, or in an adoptive home within the shortestpracticable time, and if neither of such placements is feasible; (d) explainwhy permanent foster care or independent living for a child 16 years of ageor older is the plan for the child. "Independent living" as used in thissection has the meaning set forth in § 63.2-100.
The local board or other child welfare agency having custody of the childshall not be required by the court to make reasonable efforts to reunite thechild with a parent if the court finds that (1) the residual parental rightsof the parent regarding a sibling of the child have previously beeninvoluntarily terminated; (2) the parent has been convicted of an offenseunder the laws of the Commonwealth or a substantially similar law of anyother state, the United States or any foreign jurisdiction that constitutesmurder or voluntary manslaughter, or a felony attempt, conspiracy orsolicitation to commit any such offense, if the victim of the offense was achild of the parent, a child with whom the parent resided at the time suchoffense occurred or the other parent of the child; (3) the parent has beenconvicted of an offense under the laws of the Commonwealth or a substantiallysimilar law of any other state, the United States or any foreign jurisdictionthat constitutes felony assault resulting in serious bodily injury or felonybodily wounding resulting in serious bodily injury or felony sexual assault,if the victim of the offense was a child of the parent or a child with whomthe parent resided at the time of such offense; or (4) based on clear andconvincing evidence, the parent has subjected any child to aggravatedcircumstances, or abandoned a child under circumstances which would justifythe termination of residual parental rights pursuant to subsection D of §16.1-283.
As used in this section:
"Aggravated circumstances" means torture, chronic or severe abuse, orchronic or severe sexual abuse, if the victim of such conduct was a child ofthe parent or child with whom the parent resided at the time such conductoccurred, including the failure to protect such a child from such conduct,which conduct or failure to protect: (i) evinces a wanton or depravedindifference to human life, or (ii) has resulted in the death of such a childor in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts ofphysical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial riskof death, extreme physical pain, protracted and obvious disfigurement, orprotracted loss or impairment of the function of a bodily member, organ ormental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omissionthat occurred only once, but otherwise meets the definition of "aggravatedcircumstances."
Within 30 days of making a determination that reasonable efforts to reunitethe child with the parents are not required, the court shall hold apermanency planning hearing pursuant to § 16.1-282.1.
C. A copy of the entire foster care plan shall be sent by the court to thechild, if he is 12 years of age or older; the guardian ad litem for thechild, the attorney for the child's parents or for any other person standingin loco parentis at the time the board or child welfare agency obtainedcustody or the board placed the child, to the parents or other personstanding in loco parentis, and such other persons as appear to the court tohave a proper interest in the plan. However, a copy of the plan shall not besent to a parent whose parental rights regarding the child have beenterminated. A copy of the plan, excluding the section of the plan describingthe reasons why the child cannot be returned home and the alternative chosen,shall be sent by the court to the foster parents. A hearing shall be held forthe purpose of reviewing and approving the foster care plan. The hearingshall be held within 75 days of (i) the child's initial foster careplacement, if the child was placed through an agreement between the parentsor guardians and the local department of social services or a child welfareagency; (ii) the original preliminary removal order hearing, if the child wasplaced in foster care pursuant to § 16.1-252; (iii) the hearing on thepetition for relief of custody, if the child was placed in foster carepursuant to § 16.1-277.02; or (iv) the dispositional hearing at which thechild was placed in foster care and an order was entered pursuant to §16.1-278.2, 16.1-278.3, 16.1-278.4, 16.1-278.5, 16.1-278.6, or 16.1-278.8.However, the hearing shall be held in accordance with the provisions of §16.1-277.01 with a petition for approval of an entrustment agreement. If thejudge makes any revision in any part of the foster care plan, a copy of thechanges shall be sent by the court to all persons who received a copy of theoriginal of that part of the plan.
C1. Any order transferring custody of the child to a relative other than thechild's prior family shall be entered only upon a finding, based upon apreponderance of the evidence, that the relative is one who, after aninvestigation as directed by the court, (i) is found by the court to bewilling and qualified to receive and care for the child; (ii) is willing tohave a positive, continuous relationship with the child; (iii) is committedto providing a permanent, suitable home for the child; and (iv) is willingand has the ability to protect the child from abuse and neglect; and theorder shall so state. The court's order transferring custody to a relativeshould further provide for, as appropriate, any terms or conditions whichwould promote the child's interest and welfare; ongoing provision of socialservices to the child and the child's custodian; and court review of thechild's placement.
C2. Any order entered at the conclusion of the hearing that has the effect ofachieving a permanent goal for the child by terminating residual parentalrights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; byplacing the child in permanent foster care pursuant to clause (iv) ofsubsection A of § 16.1-282.1; or by directing the board or agency to providethe child with services to achieve independent living status, if the childhas attained the age of 16 years, pursuant to clause (v) of subsection A of §16.1-282.1 shall state whether reasonable efforts have been made to place thechild in a timely manner in accordance with the foster care plan and tocomplete the steps necessary to finalize the permanent placement of the child.
D. The court in which the foster care plan is filed shall be notifiedimmediately if the child is returned to his parents or other persons standingin loco parentis at the time the board or agency obtained custody or theboard placed the child.
E. At the conclusion of the hearing at which the initial foster care plan isreviewed, the court shall schedule a foster care review hearing to be heldwithin six months in accordance with § 16.1-282. However, if an order isentered pursuant to subsection C2, the court shall schedule a foster carereview hearing to be held within 12 months of the entry of such order inaccordance with the provisions of § 16.1-282.2. Parties who are present atthe hearing at which the initial foster care plan is reviewed shall be givennotice of the date set for the foster care review hearing and parties who arenot present shall be summoned as provided in § 16.1-263.
F. Nothing in this section shall limit the authority of the juvenile judge orthe staff of the juvenile court, upon order of the judge, to review thestatus of children in the custody of local boards of social services orplaced by local boards of social services on its own motion. The court shallappoint an attorney to act as guardian ad litem to represent the child anytime a hearing is held to review the foster care plan filed for the child orto review the child's status in foster care.
(1977, c. 559; 1978, cc. 732, 740; 1982, c. 171; 1984, c. 373; 1985, c. 210;1991, c. 98; 1994, cc. 604, 865; 1997, c. 790; 1998, c. 550; 2000, c. 385;2002, cc. 397, 512, 664, 729, 747; 2005, c. 653; 2008, cc. 397, 475, 483,678; 2009, c. 80.)
A. In any case in which (i) a local board of social services places a childthrough an agreement with the parents or guardians where legal custodyremains with the parents or guardian, or (ii) legal custody of a child isgiven to a local board of social services or a child welfare agency, thelocal department of social services or child welfare agency shall prepare afoster care plan for such child, as described hereinafter. The individualfamily service plan developed by the family assessment and planning teampursuant to § 2.2-5208 may be accepted by the court as the foster care planif it meets the requirements of this section.
The representatives of such department or agency shall involve the child'sparent(s) in the development of the plan, except when parental rights havebeen terminated or the local department of social services or child welfareagency 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 parentisat the time the board or child welfare agency obtained custody or the boardplaced the child. The representatives of such department or agency shallinvolve the child in the development of the plan, if such involvement isconsistent with the best interests of the child. In cases where either theparent(s) or child is not involved in the development of the plan, thedepartment or agency shall include in the plan a full description of thereasons therefor.
The department or child welfare agency shall file the plan with the juvenileand domestic relations district court within 60 days following the transferof custody or the board's placement of the child unless the court, for goodcause shown, allows an extension of time, which shall not exceed anadditional 60 days. However, a foster care plan shall be filed in accordancewith the provisions of § 16.1-277.01 with a petition for approval of anentrustment agreement. A foster care plan need not be prepared if the childis returned to his prior family or placed in an adoptive home within 60 daysfollowing transfer of custody to the board or agency or the board's placementof the child.
B. The foster care plan shall describe in writing (i) the programs, care,services and other support which will be offered to the child and his parentsand other prior custodians; (ii) the participation and conduct which will besought from the child's parents and other prior custodians; (iii) thevisitation and other contacts which will be permitted between the child andhis parents and other prior custodians, and between the child and hissiblings; (iv) the nature of the placement or placements which will beprovided for the child; (v) for children 14 years of age and older, thechild's needs and goals in the areas of counseling, education, housing,employment, and money management skills development, along with specificindependent living services that will be provided to the child to help himreach these goals; and (vi) where appropriate for children age 16 or over,the programs and services which will help the child prepare for thetransition from foster care to independent living. If consistent with thechild's health and safety, the plan shall be designed to support reasonableefforts which lead to the return of the child to his parents or other priorcustodians within the shortest practicable time which shall be specified inthe plan. The child's health and safety shall be the paramount concern of thecourt and the agency throughout the placement, case planning, serviceprovision and review process.
If the department or child welfare agency concludes that it is not reasonablylikely that the child can be returned to his prior family within apracticable time, consistent with the best interests of the child, in aseparate section of the plan the department, child welfare agency or teamshall (a) include a full description of the reasons for this conclusion; (b)provide information on the opportunities for placing the child with arelative or in an adoptive home; (c) design the plan to lead to the child'ssuccessful placement with a relative if a subsequent transfer of custody tothe relative is planned, or in an adoptive home within the shortestpracticable time, and if neither of such placements is feasible; (d) explainwhy permanent foster care or independent living for a child 16 years of ageor older is the plan for the child. "Independent living" as used in thissection has the meaning set forth in § 63.2-100.
The local board or other child welfare agency having custody of the childshall not be required by the court to make reasonable efforts to reunite thechild with a parent if the court finds that (1) the residual parental rightsof the parent regarding a sibling of the child have previously beeninvoluntarily terminated; (2) the parent has been convicted of an offenseunder the laws of the Commonwealth or a substantially similar law of anyother state, the United States or any foreign jurisdiction that constitutesmurder or voluntary manslaughter, or a felony attempt, conspiracy orsolicitation to commit any such offense, if the victim of the offense was achild of the parent, a child with whom the parent resided at the time suchoffense occurred or the other parent of the child; (3) the parent has beenconvicted of an offense under the laws of the Commonwealth or a substantiallysimilar law of any other state, the United States or any foreign jurisdictionthat constitutes felony assault resulting in serious bodily injury or felonybodily wounding resulting in serious bodily injury or felony sexual assault,if the victim of the offense was a child of the parent or a child with whomthe parent resided at the time of such offense; or (4) based on clear andconvincing evidence, the parent has subjected any child to aggravatedcircumstances, or abandoned a child under circumstances which would justifythe termination of residual parental rights pursuant to subsection D of §16.1-283.
As used in this section:
"Aggravated circumstances" means torture, chronic or severe abuse, orchronic or severe sexual abuse, if the victim of such conduct was a child ofthe parent or child with whom the parent resided at the time such conductoccurred, including the failure to protect such a child from such conduct,which conduct or failure to protect: (i) evinces a wanton or depravedindifference to human life, or (ii) has resulted in the death of such a childor in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts ofphysical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial riskof death, extreme physical pain, protracted and obvious disfigurement, orprotracted loss or impairment of the function of a bodily member, organ ormental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omissionthat occurred only once, but otherwise meets the definition of "aggravatedcircumstances."
Within 30 days of making a determination that reasonable efforts to reunitethe child with the parents are not required, the court shall hold apermanency planning hearing pursuant to § 16.1-282.1.
C. A copy of the entire foster care plan shall be sent by the court to thechild, if he is 12 years of age or older; the guardian ad litem for thechild, the attorney for the child's parents or for any other person standingin loco parentis at the time the board or child welfare agency obtainedcustody or the board placed the child, to the parents or other personstanding in loco parentis, and such other persons as appear to the court tohave a proper interest in the plan. However, a copy of the plan shall not besent to a parent whose parental rights regarding the child have beenterminated. A copy of the plan, excluding the section of the plan describingthe reasons why the child cannot be returned home and the alternative chosen,shall be sent by the court to the foster parents. A hearing shall be held forthe purpose of reviewing and approving the foster care plan. The hearingshall be held within 75 days of (i) the child's initial foster careplacement, if the child was placed through an agreement between the parentsor guardians and the local department of social services or a child welfareagency; (ii) the original preliminary removal order hearing, if the child wasplaced in foster care pursuant to § 16.1-252; (iii) the hearing on thepetition for relief of custody, if the child was placed in foster carepursuant to § 16.1-277.02; or (iv) the dispositional hearing at which thechild was placed in foster care and an order was entered pursuant to §16.1-278.2, 16.1-278.3, 16.1-278.4, 16.1-278.5, 16.1-278.6, or 16.1-278.8.However, the hearing shall be held in accordance with the provisions of §16.1-277.01 with a petition for approval of an entrustment agreement. If thejudge makes any revision in any part of the foster care plan, a copy of thechanges shall be sent by the court to all persons who received a copy of theoriginal of that part of the plan.
C1. Any order transferring custody of the child to a relative other than thechild's prior family shall be entered only upon a finding, based upon apreponderance of the evidence, that the relative is one who, after aninvestigation as directed by the court, (i) is found by the court to bewilling and qualified to receive and care for the child; (ii) is willing tohave a positive, continuous relationship with the child; (iii) is committedto providing a permanent, suitable home for the child; and (iv) is willingand has the ability to protect the child from abuse and neglect; and theorder shall so state. The court's order transferring custody to a relativeshould further provide for, as appropriate, any terms or conditions whichwould promote the child's interest and welfare; ongoing provision of socialservices to the child and the child's custodian; and court review of thechild's placement.
C2. Any order entered at the conclusion of the hearing that has the effect ofachieving a permanent goal for the child by terminating residual parentalrights pursuant to § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; byplacing the child in permanent foster care pursuant to clause (iv) ofsubsection A of § 16.1-282.1; or by directing the board or agency to providethe child with services to achieve independent living status, if the childhas attained the age of 16 years, pursuant to clause (v) of subsection A of §16.1-282.1 shall state whether reasonable efforts have been made to place thechild in a timely manner in accordance with the foster care plan and tocomplete the steps necessary to finalize the permanent placement of the child.
D. The court in which the foster care plan is filed shall be notifiedimmediately if the child is returned to his parents or other persons standingin loco parentis at the time the board or agency obtained custody or theboard placed the child.
E. At the conclusion of the hearing at which the initial foster care plan isreviewed, the court shall schedule a foster care review hearing to be heldwithin six months in accordance with § 16.1-282. However, if an order isentered pursuant to subsection C2, the court shall schedule a foster carereview hearing to be held within 12 months of the entry of such order inaccordance with the provisions of § 16.1-282.2. Parties who are present atthe hearing at which the initial foster care plan is reviewed shall be givennotice of the date set for the foster care review hearing and parties who arenot present shall be summoned as provided in § 16.1-263.
F. Nothing in this section shall limit the authority of the juvenile judge orthe staff of the juvenile court, upon order of the judge, to review thestatus of children in the custody of local boards of social services orplaced by local boards of social services on its own motion. The court shallappoint an attorney to act as guardian ad litem to represent the child anytime a hearing is held to review the foster care plan filed for the child orto review the child's status in foster care.
(1977, c. 559; 1978, cc. 732, 740; 1982, c. 171; 1984, c. 373; 1985, c. 210;1991, c. 98; 1994, cc. 604, 865; 1997, c. 790; 1998, c. 550; 2000, c. 385;2002, cc. 397, 512, 664, 729, 747; 2005, c. 653; 2008, cc. 397, 475, 483,678; 2009, c. 80.)
