A. Within 60 days of a preliminary removal order hearing held pursuant to § 16.1-252 or a hearing on a preliminary protective order held pursuant to § 16.1-253, a dispositional hearing shall be held if the court found abuse or neglect and (i) removed the child from his home or (ii) entered a preliminary protective order. Notice of the dispositional hearing shall be provided to the child's parent, guardian, legal custodian, or other person standing in loco parentis in accordance with § 16.1-263. The hearing shall be held and a dispositional order may be entered, although a parent, guardian, legal custodian, or person standing in loco parentis fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort. Notice shall also be provided to the local 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 being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care; or (c) abandoned by his parent or other custodian, or without parental care and guardianship because of his parent's absence or physical or mental incapacity, the juvenile court or the circuit court may make any of the following orders of disposition to protect 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 and limitations as the court may order with respect to such child and his parent or other adult occupant of the same dwelling;
3. Prohibit or limit contact as the court deems appropriate between the child and his parent or other adult occupant of the same dwelling whose presence tends to endanger the child's life, health or normal development. The prohibition may exclude any such individual from the home under such conditions as the court may prescribe for a period to be determined by the court but in no event for longer than 180 days from the date of such determination. A hearing shall be held within 150 days to determine further disposition of the matter that may include limiting or prohibiting contact for another 180 days;
4. Permit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of § 16.1-281, in suitable family homes, child-caring institutions, residential facilities, or independent living arrangements with legal custody remaining with the parents or guardians. The local board or public agency and the parents or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child's status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.
Any order allowing a local board or public agency to place a child where legal custody remains with the parents or guardians as provided in this section shall be entered only upon a finding by the court that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child; and the order shall so state.
5. After a finding that there is no less drastic alternative, transfer legal custody, subject to the provisions of § 16.1-281, to any of the following:
a. A person with a legitimate interest subject to the provisions of subsection A1;
b. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such child; however, a court shall not transfer legal custody of an abused or neglected child to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or
c. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the child has residence if other than the county or city in which the court has jurisdiction. The local board shall accept the child for care and custody, provided that it has been given reasonable 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 has jurisdiction, the local board may be required to accept a child for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this section shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child's status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.
Any order authorizing removal from the home and transferring legal custody of a child to a local board of social services as provided in this section shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child; and the order shall so state.
A finding by the court that reasonable efforts were made to prevent removal of the child from his home shall not be required if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily 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 whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the 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, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts of physical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omission that occurred only once but otherwise meets the definition of "aggravated circumstances."
6. Transfer legal custody pursuant to subdivision 5 of this section and order the parent to participate in such services and programs or to refrain from such 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 person with a legitimate interest pursuant to subdivision A 5 a shall be entered only upon a finding, based upon a preponderance of the evidence, that such person is one who, after an investigation as directed by the court, (i) is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court's order transferring custody to a person with a legitimate interest should further provide for, as appropriate, any terms or conditions which would promote the child's interest and welfare; ongoing provision of social services to the child and the child's custodian; and court review of the child's placement.
B. If the child has been placed in foster care, at the dispositional hearing the court shall review the foster care plan for the child filed in accordance with § 16.1-281 by the local department of social services, a public agency designated by the community policy and management team which places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardians, or child welfare agency.
C. Any preliminary protective orders entered on behalf of the child shall be reviewed at the dispositional hearing and may be incorporated, as appropriate, in the dispositional order.
D. A dispositional order entered pursuant to this section is a final order from 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; 2013, c. 130; 2017, c. 190; 2019, c. 434; 2022, c. 305.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 11 - Juvenile and Domestic Relations District Courts
§ 16.1-227. Purpose and intent
§ 16.1-229. This chapter controlling in event of conflict
§ 16.1-230. Organization and operation of juvenile and domestic relations district courts
§ 16.1-231. Rules of procedure
§ 16.1-235. How probation, parole and related court services provided
§ 16.1-235.1. Provision of court services; replacement intake officers
§ 16.1-236. Supervisory officers
§ 16.1-236.1. Court services unit directors
§ 16.1-237. Powers, duties and functions of probation and parole officers
§ 16.1-239. Payment of traveling expenses of court officers; reimbursement
§ 16.1-240. Citizens advisory council
§ 16.1-241. Jurisdiction; consent for abortion
§ 16.1-241.2. Proceedings against certain parents
§ 16.1-241.3. Newborn children; substance abuse
§ 16.1-242. Retention of jurisdiction
§ 16.1-242.1. Retention of jurisdiction; appeals involving children in foster care
§ 16.1-244. Concurrent jurisdiction; exceptions
§ 16.1-245. Transfer from other courts
§ 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court
§ 16.1-246. When and how child may be taken into immediate custody
§ 16.1-247. Duties of person taking child into custody
§ 16.1-247.1. Custodial interrogation of a child; parental notification and contact
§ 16.1-248.1. Criteria for detention or shelter care
§ 16.1-248.2. Mental health screening and assessment for certain juveniles
§ 16.1-248.3. Medical records of juveniles in secure facility
§ 16.1-249. Places of confinement for juveniles
§ 16.1-249.1. Places of confinement to give notice of intake of certain persons
§ 16.1-250. Procedure for detention hearing
§ 16.1-251. Emergency removal order
§ 16.1-252. Preliminary removal order; hearing
§ 16.1-253. Preliminary protective order
§ 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality
§ 16.1-253.2. Violation of provisions of protective orders; penalty
§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty
§ 16.1-254. Responsibility for and limitation on transportation of children
§ 16.1-255. Limitation on issuance of detention orders for juveniles; appearance by juvenile
§ 16.1-256. Limitations as to issuance of warrants for juveniles; detention orders
§ 16.1-257. Interference with or obstruction of officer; concealment or removal of child
§ 16.1-258. Bonds and forfeitures thereof
§ 16.1-259. Procedure in cases of adults
§ 16.1-260. Intake; petition; investigation
§ 16.1-261. Statements made at intake or mental health screening and assessment
§ 16.1-262. Form and content of petition
§ 16.1-264. Service of summons; proof of service; penalty
§ 16.1-265. Subpoena; attorney-issued subpoena
§ 16.1-266. Appointment of counsel and guardian ad litem
§ 16.1-267. Compensation of appointed counsel
§ 16.1-268. Order of appointment
§ 16.1-269.1. Trial in circuit court; preliminary hearing; direct indictment; remand
§ 16.1-269.2. Admissibility of statement; investigation and report; bail
§ 16.1-269.3. Retention by juvenile court; appeal
§ 16.1-269.4. Transfer to circuit court; appeal by juvenile
§ 16.1-269.5. Placement of juvenile
§ 16.1-270. Waiver of jurisdiction of juvenile court in certain cases
§ 16.1-271. Subsequent offenses by juvenile
§ 16.1-272. Power of circuit court over juvenile offender
§ 16.1-272.1. Claim of error to be raised within one year
§ 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees
§ 16.1-274.1. Admission of evidence of juvenile's age
§ 16.1-274.2. Certain education records as evidence
§ 16.1-275. Physical and mental examinations and treatment; nursing and medical care
§ 16.1-276. Fees and travel expenses of witnesses
§ 16.1-276.2. Transportation orders in certain proceedings
§ 16.1-277.01. Approval of entrustment agreement
§ 16.1-277.02. Petition for relief of care and custody
§ 16.1-277.2. Rejection of plea agreement; recusal
§ 16.1-278. Cooperation of certain agencies, officials, institutions and associations
§ 16.1-278.2. Abused, neglected, or abandoned children or children without parental care
§ 16.1-278.3. Relief of care and custody
§ 16.1-278.4. Children in need of services
§ 16.1-278.5. Children in need of supervision
§ 16.1-278.6. Status offenders
§ 16.1-278.7. Commitment to Department of Juvenile Justice
§ 16.1-278.7:01. Department to give notice of the receipt of certain persons
§ 16.1-278.8. Delinquent juveniles
§ 16.1-278.10. Traffic infractions
§ 16.1-278.11. Mental illness and intellectual disability
§ 16.1-278.12. When judicial consent in lieu of parental consent authorized
§ 16.1-278.13. Work permits; petitions for treatment, etc.
§ 16.1-278.14. Criminal jurisdiction; protective orders; family offenses
§ 16.1-278.15. Custody or visitation, child or spousal support generally
§ 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment
§ 16.1-278.17. Pendente lite support
§ 16.1-278.17:1. Formula for determination of pendente lite spousal support
§ 16.1-278.18. Money judgments
§ 16.1-279.1. Protective order in cases of family abuse
§ 16.1-280. Commitment of juveniles with mental illness or intellectual disability
§ 16.1-282. Foster care review
§ 16.1-282.1. Permanency planning hearing for children in foster care
§ 16.1-282.2. Annual foster care review
§ 16.1-283. Termination of residual parental rights
§ 16.1-283.1. Authority to enter into voluntary post-adoption contact and communication agreement
§ 16.1-283.2. Restoration of parental rights
§ 16.1-283.3. Review of voluntary continuing services and support agreements for former foster youth
§ 16.1-284. When adult sentenced for juvenile offense
§ 16.1-284.1. Placement in secure local facility
§ 16.1-285. Duration of commitments
§ 16.1-285.1. Commitment of serious offenders
§ 16.1-285.2. Release and review hearing for serious offender
§ 16.1-286. Cost of maintenance; approval of placement; semiannual review
§ 16.1-288. Protection of religious affiliations
§ 16.1-289. Review of order of commitment
§ 16.1-289.1. Motions to reconsider orders for participation in continuing programs
§ 16.1-290. Support of committed juvenile; support from estate of juvenile
§ 16.1-290.1. Payment for court-ordered counseling, treatment or programs
§ 16.1-292. Violation of court order by any person
§ 16.1-293.1. Mental health services transition plan
§ 16.1-294. Placing child on parole in foster home or with institution; how cost paid
§ 16.1-295. Transfer of supervision from one county or city to another, or to another state
§ 16.1-296. Jurisdiction of appeals; procedure
§ 16.1-296.2. Appeals of certain custody and visitation proceedings
§ 16.1-298. Effect of petition for or pendency of appeal; bail
§ 16.1-299. Fingerprints and photographs of juveniles
§ 16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony
§ 16.1-300. Confidentiality of Department records
§ 16.1-302.1. Right of victim or representative to attend certain proceedings; notice of hearings
§ 16.1-303. Reports of court officials and employees when privileged
§ 16.1-305. Confidentiality of court records
§ 16.1-305.01. Access to child and spousal support case files
§ 16.1-305.1. Disclosure of disposition in certain delinquency cases
§ 16.1-306. Expungement of court records
§ 16.1-307. Circuit court records regarding juveniles
§ 16.1-308. Effect of adjudication on status of child
§ 16.1-309.1. Exception as to confidentiality
§ 16.1-309.2. Purpose and intent
§ 16.1-309.4. Statewide plan for juvenile services
§ 16.1-309.7. Determination of payment
§ 16.1-309.8. Costs of maintenance of juveniles in Community Crime Control Act programs
§ 16.1-309.9. Establishment of standards; determination of compliance
§ 16.1-309.11. Youth justice diversion program
§ 16.1-315. Joint or regional citizen detention commissions authorized
§ 16.1-316. Number and terms of members; admission of additional local governing bodies
§ 16.1-317. Quorum; chairman; rules of procedure; compensation
§ 16.1-319. Acquisition of property by commission
§ 16.1-320. Property of commission exempt from execution and judgment liens
§ 16.1-321. Appropriations by political subdivisions; issuance of bonds
§ 16.1-322. Record of commission; reports
§ 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve
§ 16.1-322.4. Payments for children from other counties or cities
§ 16.1-322.6. Powers and duties not delegable to contractor
§ 16.1-322.7. State Board to promulgate regulations
§ 16.1-323. Governor to execute; form of compact
§ 16.1-323.1. State Council for Interstate Compact for Juveniles
§ 16.1-331. Petition for emancipation
§ 16.1-332. Orders of court; investigation, report and appointment of counsel
§ 16.1-333. Findings necessary to order that minor is emancipated
§ 16.1-334.1. Identification card issued to minor by DMV
§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records
§ 16.1-339. Parental admission of an objecting minor 14 years of age or older
§ 16.1-339.1. Minors in detention homes or shelter care facilities
§ 16.1-340. Emergency custody; issuance and execution of order
§ 16.1-340.1. Involuntary temporary detention; issuance and execution of order
§ 16.1-340.1:1. Facility of temporary detention
§ 16.1-340.2. Transportation of minor in the temporary detention process
§ 16.1-340.3. Release of minor prior to commitment hearing for involuntary admission
§ 16.1-340.4. Involuntary commitment; preadmission screening report
§ 16.1-341. Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel
§ 16.1-342. Involuntary commitment; clinical evaluation
§ 16.1-343. Involuntary commitment; duties of attorney for the minor
§ 16.1-344. Involuntary commitment; hearing
§ 16.1-345. Involuntary commitment; criteria
§ 16.1-345.1. Use of electronic communication
§ 16.1-345.2. Mandatory outpatient treatment; criteria; orders
§ 16.1-345.3. Monitoring mandatory outpatient treatment; motion for review
§ 16.1-345.4. Court review of mandatory outpatient treatment plan
§ 16.1-345.5. Continuation of mandatory outpatient treatment order
§ 16.1-345.6. Appeal of final order
§ 16.1-346. Treatment plans; periodic review of status
§ 16.1-347. Fees and expenses for qualified evaluators
§ 16.1-348. Availability of judge
§ 16.1-350. Petition for court approval of standby guardian
§ 16.1-351. Court order approving standby guardianship; authority; when effective
§ 16.1-353. Further proceedings to determine permanent guardianship, custody
§ 16.1-354. Revocation, refusal, termination of standby guardianship
§ 16.1-355. Review of standby guardianship
§ 16.1-357. Disposition when juvenile found incompetent
§ 16.1-358. Disposition of the unrestorably incompetent juvenile
§ 16.1-359. Litigating certain issues when the juvenile is incompetent