§ 16.1-282.1. Permanency planning hearing for children in foster care.
A. In the case of a child who was the subject of a foster care plan filedwith the court pursuant to § 16.1-281, a permanency planning hearing shall beheld within 11 months of the dispositional hearing at which the foster careplan pursuant to § 16.1-281 was reviewed if the child (a) was placed throughan agreement between the parents or guardians and the local board of socialservices where legal custody remains with the parents or guardians and suchagreement has not been dissolved by court order; or (b) is under the legalcustody of a local board of social services or a child welfare agency and hasnot had a petition to terminate parental rights filed on the child's behalf,has not been placed in permanent foster care, or is age 16 or over and theplan for the child is not independent living. The board or child welfareagency shall file a petition for a permanency planning hearing within 10months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The purpose of this hearing is to establisha permanent goal for the child and either to achieve the permanent goal or todefer such action through the approval of an interim plan for the child.
To achieve the permanent goal, the petition for a permanency planning hearingshall seek to (i) transfer the custody of the child to his prior family, ordissolve the board's placement agreement and return the child to his priorfamily; (ii) transfer custody of the child to a relative other than thechild's prior family, subject to the provisions of subsection A1; (iii)terminate residual parental rights pursuant to § 16.1-277.01 or 16.1-283;(iv) place the child in permanent foster care pursuant to § 63.2-908; (v) ifthe child has attained the age of 16 years or over and the plan isindependent living, direct the board or agency to provide the child withservices to transition from foster care; or (vi) place the child in anotherplanned permanent living arrangement in accordance with the provisions ofsubsection A2.
For approval of an interim plan, the petition for a permanency planninghearing shall seek to continue custody with the board or agency, or continueplacement with the board through a parental agreement; or transfer custody tothe board or child welfare agency from the parents or guardian of a child whohas been in foster care through an agreement where the parents or guardianretains custody.
Upon receipt of the petition, if a permanency planning hearing has notalready been scheduled, the court shall schedule such a hearing to be heldwithin 30 days. The permanency planning hearing shall be held within 11months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The provisions of subsection B of § 16.1-282shall apply to this petition. The procedures of subsection C of § 16.1-282and the provisions of subsection E of § 16.1-282 shall apply to thescheduling and notice of proceedings under this section.
A1. The following requirements shall apply to the transfer of custody of thechild to a relative other than the child's prior family in accordance withthe provisions of (ii) of subsection A of this section. Any ordertransferring custody of the child to a relative other than the child's priorfamily shall be entered only upon a finding, based upon a preponderance ofthe evidence, that the relative is one who, after an investigation asdirected by the court, (i) is found by the court to be willing and qualifiedto receive 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 should furtherprovide, as appropriate, for any terms or conditions which would promote thechild's interest and welfare.
A2. The following requirements shall apply to the selection and approval ofplacement in another planned permanent living arrangement as the permanentgoal for the child in accordance with clause (vi) of subsection A of thissection.
1. The board or child welfare agency shall petition for alternative (vi) ofsubsection A only if the child has a severe and chronic emotional, physicalor neurological disabling condition for which the child requires long-termresidential treatment; and the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interests of the child. In a foster care plan filed with thepetition pursuant to this section, the board or agency shall document thefollowing: (i) the investigation conducted of the placement alternativeslisted in clauses (i) through (v) of subsection A and why each of these isnot currently in the best interest of the child; (ii) at least one compellingreason why none of the alternatives listed in clauses (i) through (v) isachievable for the child at the time placement in another planned permanentliving arrangement is selected as the permanent goal for the child; (iii) theidentity of the long-term residential treatment service provider; (iv) thenature of the child's disability; (v) the anticipated length of time requiredfor the child's treatment; and (vi) the status of the child's eligibility foradmission and long-term treatment.
2. Before approving alternative (vi) of subsection A of this section as theplan for the child, the court shall find (i) that the child has a severe andchronic emotional, physical or neurological disabling condition; (ii) thatthe child requires long-term residential treatment for the disablingcondition; and (iii) that none of the alternatives listed in clauses (i)through (v) of subsection A is achievable for the child at the time placementin another planned permanent living arrangement is approved as the permanentgoal for the child. If the board or agency petitions for alternative (vi),alternative (vi) may be approved by the court for a period of six months at atime.
3. At the conclusion of the permanency planning hearing, if alternative (vi)of subsection A of this section is the permanent plan, the court shallschedule a hearing to be held within six months to review the child'splacement in another planned permanent living arrangement in accordance withsubdivision 4 of subsection A2. All parties present at the hearing at whichclause (vi) of subsection A is approved as the permanent plan for the childshall be given notice of the date scheduled for the foster care reviewhearing. Parties not present shall be summoned to appear as provided in §16.1-263. Otherwise, this subsection A2 shall govern the scheduling andnotice for such hearings.
4. The court shall review a foster care plan for any child who is placed inanother planned permanent living arrangement every six months from the dateof the permanency planning hearing held pursuant to this subsection, so longas the child remains in the legal custody of the board or child welfareagency. The board or child welfare agency shall file such petitions forreview pursuant to the provisions of § 16.1-282 and shall, in addition,include in the petition the information required by subdivision 1 ofsubsection A2 of this section. The petition for foster care review shall befiled no later than 30 days prior to the hearing scheduled in accordance withsubdivision 3 of subsection A2. At the conclusion of the foster care reviewhearing, if alternative (vi) of subsection A of this section remains thepermanent plan, the court shall enter an order that states whether reasonableefforts have been made to place the child in a timely manner in accordancewith the permanency plan and to monitor the child's status in another plannedpermanent living arrangement.
However, if at any time during the six-month approval periods permitted bythis subsection, a determination is made by treatment providers that thechild's need for long-term residential treatment for the child's disablingcondition is eliminated, the board or agency shall immediately begin to planfor post-discharge services and shall, within 30 days of making such adetermination, file a petition for a permanency planning hearing pursuant tosubsection A of this section. Upon receipt of the petition, the court shallschedule a permanency planning hearing to be held within 30 days. Theprovisions of subsection B of § 16.1-282 shall apply to this petition. Theprocedures of subsection C of § 16.1-282 and the provisions of subsection Eof § 16.1-282 shall apply to proceedings under this section.
B. The following requirements shall apply to the selection and approval of aninterim plan for the child in accordance with subsection A.
1. The board or child welfare agency shall petition for approval of aninterim plan only if the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interest of the child. If the board or agency petitions forapproval of an interim plan, such plan may be approved by the court for amaximum period of six months. The board or agency shall also file a fostercare plan that (i) identifies a permanent goal for the child that correspondswith one of the alternatives specified in clauses (i) through (v) ofsubsection A; (ii) includes provisions for accomplishing the permanent goalwithin six months; and (iii) summarizes the investigation conducted of thealternatives listed in clauses (i) through (v) of subsection A and whyachieving each of these is not in the best interest of the child at this time.
2. Before approving an interim plan for the child, the court shall find:
a. When returning home remains the plan for the child, that the parent hasmade marked progress toward reunification with the child, the parent hasmaintained a close and positive relationship with the child, and the child islikely to return home within the near future, although it is premature to setan exact date for return at the time of this hearing; or
b. When returning home is not the plan for the child, that marked progress isbeing made to achieve the permanent goal identified by the board or childwelfare agency and that it is premature to set an exact date foraccomplishing the goal at the time of this hearing.
3. Upon approval of an interim plan, the court shall schedule a hearing to beheld within six months to determine that the permanent goal is accomplishedand to enter an order consistent with alternative (i), (ii), (iii), (iv), or(v) of subsection A. All parties present at the initial permanency planninghearing shall be given notice of the date scheduled for the second permanencyplanning hearing. Parties not present shall be summoned to appear as providedin § 16.1-263. Otherwise, subsection A shall govern the scheduling and noticefor such hearings.
C. At the conclusion of the permanency planning hearing held pursuant to thissection, whether action is taken or deferred to achieve the permanent goalfor the child, the court shall enter an order that states whether reasonableefforts have been made to reunite the child with the child's prior family, ifreturning home is the permanent goal for the child; or whether reasonableefforts have been made to achieve the permanent goal identified by the boardor agency, if the goal is other than returning the child home.
In making this determination, the court shall give consideration to whetherthe board or agency has placed the child in a timely manner in accordancewith the foster care plan and completed the steps necessary to finalize thepermanent placement of the child.
(1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512; 2008,cc. 475, 483, 678.)
§ 16.1-282.1. Permanency planning hearing for children in foster care.
A. In the case of a child who was the subject of a foster care plan filedwith the court pursuant to § 16.1-281, a permanency planning hearing shall beheld within 11 months of the dispositional hearing at which the foster careplan pursuant to § 16.1-281 was reviewed if the child (a) was placed throughan agreement between the parents or guardians and the local board of socialservices where legal custody remains with the parents or guardians and suchagreement has not been dissolved by court order; or (b) is under the legalcustody of a local board of social services or a child welfare agency and hasnot had a petition to terminate parental rights filed on the child's behalf,has not been placed in permanent foster care, or is age 16 or over and theplan for the child is not independent living. The board or child welfareagency shall file a petition for a permanency planning hearing within 10months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The purpose of this hearing is to establisha permanent goal for the child and either to achieve the permanent goal or todefer such action through the approval of an interim plan for the child.
To achieve the permanent goal, the petition for a permanency planning hearingshall seek to (i) transfer the custody of the child to his prior family, ordissolve the board's placement agreement and return the child to his priorfamily; (ii) transfer custody of the child to a relative other than thechild's prior family, subject to the provisions of subsection A1; (iii)terminate residual parental rights pursuant to § 16.1-277.01 or 16.1-283;(iv) place the child in permanent foster care pursuant to § 63.2-908; (v) ifthe child has attained the age of 16 years or over and the plan isindependent living, direct the board or agency to provide the child withservices to transition from foster care; or (vi) place the child in anotherplanned permanent living arrangement in accordance with the provisions ofsubsection A2.
For approval of an interim plan, the petition for a permanency planninghearing shall seek to continue custody with the board or agency, or continueplacement with the board through a parental agreement; or transfer custody tothe board or child welfare agency from the parents or guardian of a child whohas been in foster care through an agreement where the parents or guardianretains custody.
Upon receipt of the petition, if a permanency planning hearing has notalready been scheduled, the court shall schedule such a hearing to be heldwithin 30 days. The permanency planning hearing shall be held within 11months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The provisions of subsection B of § 16.1-282shall apply to this petition. The procedures of subsection C of § 16.1-282and the provisions of subsection E of § 16.1-282 shall apply to thescheduling and notice of proceedings under this section.
A1. The following requirements shall apply to the transfer of custody of thechild to a relative other than the child's prior family in accordance withthe provisions of (ii) of subsection A of this section. Any ordertransferring custody of the child to a relative other than the child's priorfamily shall be entered only upon a finding, based upon a preponderance ofthe evidence, that the relative is one who, after an investigation asdirected by the court, (i) is found by the court to be willing and qualifiedto receive 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 should furtherprovide, as appropriate, for any terms or conditions which would promote thechild's interest and welfare.
A2. The following requirements shall apply to the selection and approval ofplacement in another planned permanent living arrangement as the permanentgoal for the child in accordance with clause (vi) of subsection A of thissection.
1. The board or child welfare agency shall petition for alternative (vi) ofsubsection A only if the child has a severe and chronic emotional, physicalor neurological disabling condition for which the child requires long-termresidential treatment; and the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interests of the child. In a foster care plan filed with thepetition pursuant to this section, the board or agency shall document thefollowing: (i) the investigation conducted of the placement alternativeslisted in clauses (i) through (v) of subsection A and why each of these isnot currently in the best interest of the child; (ii) at least one compellingreason why none of the alternatives listed in clauses (i) through (v) isachievable for the child at the time placement in another planned permanentliving arrangement is selected as the permanent goal for the child; (iii) theidentity of the long-term residential treatment service provider; (iv) thenature of the child's disability; (v) the anticipated length of time requiredfor the child's treatment; and (vi) the status of the child's eligibility foradmission and long-term treatment.
2. Before approving alternative (vi) of subsection A of this section as theplan for the child, the court shall find (i) that the child has a severe andchronic emotional, physical or neurological disabling condition; (ii) thatthe child requires long-term residential treatment for the disablingcondition; and (iii) that none of the alternatives listed in clauses (i)through (v) of subsection A is achievable for the child at the time placementin another planned permanent living arrangement is approved as the permanentgoal for the child. If the board or agency petitions for alternative (vi),alternative (vi) may be approved by the court for a period of six months at atime.
3. At the conclusion of the permanency planning hearing, if alternative (vi)of subsection A of this section is the permanent plan, the court shallschedule a hearing to be held within six months to review the child'splacement in another planned permanent living arrangement in accordance withsubdivision 4 of subsection A2. All parties present at the hearing at whichclause (vi) of subsection A is approved as the permanent plan for the childshall be given notice of the date scheduled for the foster care reviewhearing. Parties not present shall be summoned to appear as provided in §16.1-263. Otherwise, this subsection A2 shall govern the scheduling andnotice for such hearings.
4. The court shall review a foster care plan for any child who is placed inanother planned permanent living arrangement every six months from the dateof the permanency planning hearing held pursuant to this subsection, so longas the child remains in the legal custody of the board or child welfareagency. The board or child welfare agency shall file such petitions forreview pursuant to the provisions of § 16.1-282 and shall, in addition,include in the petition the information required by subdivision 1 ofsubsection A2 of this section. The petition for foster care review shall befiled no later than 30 days prior to the hearing scheduled in accordance withsubdivision 3 of subsection A2. At the conclusion of the foster care reviewhearing, if alternative (vi) of subsection A of this section remains thepermanent plan, the court shall enter an order that states whether reasonableefforts have been made to place the child in a timely manner in accordancewith the permanency plan and to monitor the child's status in another plannedpermanent living arrangement.
However, if at any time during the six-month approval periods permitted bythis subsection, a determination is made by treatment providers that thechild's need for long-term residential treatment for the child's disablingcondition is eliminated, the board or agency shall immediately begin to planfor post-discharge services and shall, within 30 days of making such adetermination, file a petition for a permanency planning hearing pursuant tosubsection A of this section. Upon receipt of the petition, the court shallschedule a permanency planning hearing to be held within 30 days. Theprovisions of subsection B of § 16.1-282 shall apply to this petition. Theprocedures of subsection C of § 16.1-282 and the provisions of subsection Eof § 16.1-282 shall apply to proceedings under this section.
B. The following requirements shall apply to the selection and approval of aninterim plan for the child in accordance with subsection A.
1. The board or child welfare agency shall petition for approval of aninterim plan only if the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interest of the child. If the board or agency petitions forapproval of an interim plan, such plan may be approved by the court for amaximum period of six months. The board or agency shall also file a fostercare plan that (i) identifies a permanent goal for the child that correspondswith one of the alternatives specified in clauses (i) through (v) ofsubsection A; (ii) includes provisions for accomplishing the permanent goalwithin six months; and (iii) summarizes the investigation conducted of thealternatives listed in clauses (i) through (v) of subsection A and whyachieving each of these is not in the best interest of the child at this time.
2. Before approving an interim plan for the child, the court shall find:
a. When returning home remains the plan for the child, that the parent hasmade marked progress toward reunification with the child, the parent hasmaintained a close and positive relationship with the child, and the child islikely to return home within the near future, although it is premature to setan exact date for return at the time of this hearing; or
b. When returning home is not the plan for the child, that marked progress isbeing made to achieve the permanent goal identified by the board or childwelfare agency and that it is premature to set an exact date foraccomplishing the goal at the time of this hearing.
3. Upon approval of an interim plan, the court shall schedule a hearing to beheld within six months to determine that the permanent goal is accomplishedand to enter an order consistent with alternative (i), (ii), (iii), (iv), or(v) of subsection A. All parties present at the initial permanency planninghearing shall be given notice of the date scheduled for the second permanencyplanning hearing. Parties not present shall be summoned to appear as providedin § 16.1-263. Otherwise, subsection A shall govern the scheduling and noticefor such hearings.
C. At the conclusion of the permanency planning hearing held pursuant to thissection, whether action is taken or deferred to achieve the permanent goalfor the child, the court shall enter an order that states whether reasonableefforts have been made to reunite the child with the child's prior family, ifreturning home is the permanent goal for the child; or whether reasonableefforts have been made to achieve the permanent goal identified by the boardor agency, if the goal is other than returning the child home.
In making this determination, the court shall give consideration to whetherthe board or agency has placed the child in a timely manner in accordancewith the foster care plan and completed the steps necessary to finalize thepermanent placement of the child.
(1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512; 2008,cc. 475, 483, 678.)
§ 16.1-282.1. Permanency planning hearing for children in foster care.
A. In the case of a child who was the subject of a foster care plan filedwith the court pursuant to § 16.1-281, a permanency planning hearing shall beheld within 11 months of the dispositional hearing at which the foster careplan pursuant to § 16.1-281 was reviewed if the child (a) was placed throughan agreement between the parents or guardians and the local board of socialservices where legal custody remains with the parents or guardians and suchagreement has not been dissolved by court order; or (b) is under the legalcustody of a local board of social services or a child welfare agency and hasnot had a petition to terminate parental rights filed on the child's behalf,has not been placed in permanent foster care, or is age 16 or over and theplan for the child is not independent living. The board or child welfareagency shall file a petition for a permanency planning hearing within 10months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The purpose of this hearing is to establisha permanent goal for the child and either to achieve the permanent goal or todefer such action through the approval of an interim plan for the child.
To achieve the permanent goal, the petition for a permanency planning hearingshall seek to (i) transfer the custody of the child to his prior family, ordissolve the board's placement agreement and return the child to his priorfamily; (ii) transfer custody of the child to a relative other than thechild's prior family, subject to the provisions of subsection A1; (iii)terminate residual parental rights pursuant to § 16.1-277.01 or 16.1-283;(iv) place the child in permanent foster care pursuant to § 63.2-908; (v) ifthe child has attained the age of 16 years or over and the plan isindependent living, direct the board or agency to provide the child withservices to transition from foster care; or (vi) place the child in anotherplanned permanent living arrangement in accordance with the provisions ofsubsection A2.
For approval of an interim plan, the petition for a permanency planninghearing shall seek to continue custody with the board or agency, or continueplacement with the board through a parental agreement; or transfer custody tothe board or child welfare agency from the parents or guardian of a child whohas been in foster care through an agreement where the parents or guardianretains custody.
Upon receipt of the petition, if a permanency planning hearing has notalready been scheduled, the court shall schedule such a hearing to be heldwithin 30 days. The permanency planning hearing shall be held within 11months of the dispositional hearing at which the foster care plan wasreviewed pursuant to § 16.1-281. The provisions of subsection B of § 16.1-282shall apply to this petition. The procedures of subsection C of § 16.1-282and the provisions of subsection E of § 16.1-282 shall apply to thescheduling and notice of proceedings under this section.
A1. The following requirements shall apply to the transfer of custody of thechild to a relative other than the child's prior family in accordance withthe provisions of (ii) of subsection A of this section. Any ordertransferring custody of the child to a relative other than the child's priorfamily shall be entered only upon a finding, based upon a preponderance ofthe evidence, that the relative is one who, after an investigation asdirected by the court, (i) is found by the court to be willing and qualifiedto receive 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 should furtherprovide, as appropriate, for any terms or conditions which would promote thechild's interest and welfare.
A2. The following requirements shall apply to the selection and approval ofplacement in another planned permanent living arrangement as the permanentgoal for the child in accordance with clause (vi) of subsection A of thissection.
1. The board or child welfare agency shall petition for alternative (vi) ofsubsection A only if the child has a severe and chronic emotional, physicalor neurological disabling condition for which the child requires long-termresidential treatment; and the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interests of the child. In a foster care plan filed with thepetition pursuant to this section, the board or agency shall document thefollowing: (i) the investigation conducted of the placement alternativeslisted in clauses (i) through (v) of subsection A and why each of these isnot currently in the best interest of the child; (ii) at least one compellingreason why none of the alternatives listed in clauses (i) through (v) isachievable for the child at the time placement in another planned permanentliving arrangement is selected as the permanent goal for the child; (iii) theidentity of the long-term residential treatment service provider; (iv) thenature of the child's disability; (v) the anticipated length of time requiredfor the child's treatment; and (vi) the status of the child's eligibility foradmission and long-term treatment.
2. Before approving alternative (vi) of subsection A of this section as theplan for the child, the court shall find (i) that the child has a severe andchronic emotional, physical or neurological disabling condition; (ii) thatthe child requires long-term residential treatment for the disablingcondition; and (iii) that none of the alternatives listed in clauses (i)through (v) of subsection A is achievable for the child at the time placementin another planned permanent living arrangement is approved as the permanentgoal for the child. If the board or agency petitions for alternative (vi),alternative (vi) may be approved by the court for a period of six months at atime.
3. At the conclusion of the permanency planning hearing, if alternative (vi)of subsection A of this section is the permanent plan, the court shallschedule a hearing to be held within six months to review the child'splacement in another planned permanent living arrangement in accordance withsubdivision 4 of subsection A2. All parties present at the hearing at whichclause (vi) of subsection A is approved as the permanent plan for the childshall be given notice of the date scheduled for the foster care reviewhearing. Parties not present shall be summoned to appear as provided in §16.1-263. Otherwise, this subsection A2 shall govern the scheduling andnotice for such hearings.
4. The court shall review a foster care plan for any child who is placed inanother planned permanent living arrangement every six months from the dateof the permanency planning hearing held pursuant to this subsection, so longas the child remains in the legal custody of the board or child welfareagency. The board or child welfare agency shall file such petitions forreview pursuant to the provisions of § 16.1-282 and shall, in addition,include in the petition the information required by subdivision 1 ofsubsection A2 of this section. The petition for foster care review shall befiled no later than 30 days prior to the hearing scheduled in accordance withsubdivision 3 of subsection A2. At the conclusion of the foster care reviewhearing, if alternative (vi) of subsection A of this section remains thepermanent plan, the court shall enter an order that states whether reasonableefforts have been made to place the child in a timely manner in accordancewith the permanency plan and to monitor the child's status in another plannedpermanent living arrangement.
However, if at any time during the six-month approval periods permitted bythis subsection, a determination is made by treatment providers that thechild's need for long-term residential treatment for the child's disablingcondition is eliminated, the board or agency shall immediately begin to planfor post-discharge services and shall, within 30 days of making such adetermination, file a petition for a permanency planning hearing pursuant tosubsection A of this section. Upon receipt of the petition, the court shallschedule a permanency planning hearing to be held within 30 days. Theprovisions of subsection B of § 16.1-282 shall apply to this petition. Theprocedures of subsection C of § 16.1-282 and the provisions of subsection Eof § 16.1-282 shall apply to proceedings under this section.
B. The following requirements shall apply to the selection and approval of aninterim plan for the child in accordance with subsection A.
1. The board or child welfare agency shall petition for approval of aninterim plan only if the board or child welfare agency has thoroughlyinvestigated the feasibility of the alternatives listed in clauses (i)through (v) of subsection A and determined that none of those alternatives isin the best interest of the child. If the board or agency petitions forapproval of an interim plan, such plan may be approved by the court for amaximum period of six months. The board or agency shall also file a fostercare plan that (i) identifies a permanent goal for the child that correspondswith one of the alternatives specified in clauses (i) through (v) ofsubsection A; (ii) includes provisions for accomplishing the permanent goalwithin six months; and (iii) summarizes the investigation conducted of thealternatives listed in clauses (i) through (v) of subsection A and whyachieving each of these is not in the best interest of the child at this time.
2. Before approving an interim plan for the child, the court shall find:
a. When returning home remains the plan for the child, that the parent hasmade marked progress toward reunification with the child, the parent hasmaintained a close and positive relationship with the child, and the child islikely to return home within the near future, although it is premature to setan exact date for return at the time of this hearing; or
b. When returning home is not the plan for the child, that marked progress isbeing made to achieve the permanent goal identified by the board or childwelfare agency and that it is premature to set an exact date foraccomplishing the goal at the time of this hearing.
3. Upon approval of an interim plan, the court shall schedule a hearing to beheld within six months to determine that the permanent goal is accomplishedand to enter an order consistent with alternative (i), (ii), (iii), (iv), or(v) of subsection A. All parties present at the initial permanency planninghearing shall be given notice of the date scheduled for the second permanencyplanning hearing. Parties not present shall be summoned to appear as providedin § 16.1-263. Otherwise, subsection A shall govern the scheduling and noticefor such hearings.
C. At the conclusion of the permanency planning hearing held pursuant to thissection, whether action is taken or deferred to achieve the permanent goalfor the child, the court shall enter an order that states whether reasonableefforts have been made to reunite the child with the child's prior family, ifreturning home is the permanent goal for the child; or whether reasonableefforts have been made to achieve the permanent goal identified by the boardor agency, if the goal is other than returning the child home.
In making this determination, the court shall give consideration to whetherthe board or agency has placed the child in a timely manner in accordancewith the foster care plan and completed the steps necessary to finalize thepermanent placement of the child.
(1997, c. 790; 1998, c. 550; 1999, c. 889; 2000, c. 385; 2002, c. 512; 2008,cc. 475, 483, 678.)
