SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-274 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees.
A. Whenever any court directs an investigation pursuant to subsection A of §§
16.1-237 A, § 16.1-273, or § 9-173.8, or an evaluation pursuant to §
16.1-278.5, the probation officer, court-appointed special advocate, or other
agency conducting such investigation shall file such report with the clerk of
the court directing the investigation. The clerk shall furnish a copy of such
report to all attorneys representing parties in the matter before the court no
later than seventy-two hours, and in cases of child custody, five days, prior
to the time set by the court for hearing the matter. If such probation officer
or other agency discovers additional information or a change in circumstance
after the filing of the report, an amended report shall be filed forthwith and
a copy sent to each person who received a copy of the original report. Whenever
such a report is not filed or an amended report is filed, the court shall grant
such continuance of the proceedings as justice requires. All attorneys
receiving such report or amended report shall return such to the clerk upon the
conclusion of the hearing and shall not make copies of such report or amended
report or any portion thereof. However, the chief judge of each juvenile and
domestic relations district court may provide for an alternative means of
copying and distributing reports or amended reports filed
pursuant to § 9-173.8.
B. Notwithstanding the provisions of §§ 17.1-275 and 16.1-69.48:2, when the court directs the appropriate local department of social services to conduct supervised visitation or directs the appropriate local department of social services or court services unit to conduct an investigation pursuant to § 16.1-273 or to provide mediation services in matters involving a child's custody, visitation, or support, the court shall assess a fee against the petitioner, the respondent, or both, in accordance with fee schedules established by the appropriate local board of social services when the service is provided by a local department of social services and by the State Board of Juvenile Justice when the service is provided by a court services unit. The fee schedules shall include (i) standards for determining the paying party's or parties' ability to pay and (ii) a scale of fees based on the paying party's or parties' income and family size and the actual cost of the services provided. The fee charged shall not exceed the actual cost of the service. The fee shall be assessed as a cost of the case and shall be paid as prescribed by the court to the local department of social services, locally operated court services unit or Department of Juvenile Justice, whichever performed the service, unless payment is waived. The method and medium for payment for such services shall be determined by the local department of social services, Department of Juvenile Justice, or the locally operated court services unit that provided the services.
C. When a local department of social services or any court services unit is requested by another local department or court services unit in the Commonwealth or by a similar department or entity in another state to conduct an investigation involving a child's custody, visitation or support pursuant to § 16.1-273 or, in the case of a request from another state pursuant to a provision corresponding to § 16.1-273, or to provide mediation services, or for a local department of social services to provide supervised visitation, the local department or the court services unit performing the service may require payment of fees prior to conducting the investigation or providing mediation services or supervised visitation.