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1995 SESSION
LD1019324Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding sections numbered 63.1-220.6, 63.1-220.7 and 63.1-220.8, as follows:
§ 63.1-220.6. Revocation of entrustment, consent, request for return of custody; best interests hearing.
In any case where the birth parent(s) revoke an entrustment agreement under § 63.1-220.3, any party may request a hearing in the court having jurisdiction over adoptions to determine the best interests of the child.
§ 63.1-220.7 Elimination of parental presumption.
There shall be no legal presumption in favor of the birth parent(s) of any child in a hearing to determine the best interests of the child under this chapter, when (i) the child has been placed by either birth parent(s) with prospective adoptive parents, a licensed child placing agency or local board of social services for the purpose of adoption; and (ii) the child has remained continuously in the custody of the adoptive parents, a licensed child placing agency or local board for a period in excess of twenty-five days.
§ 63.1-220.8. False or misleading reporting of information; penalty.
Any person who knowingly and intentionally provides false or misleading information which is material to an adoptive placement to any licensed child-placing agency, local board of social services or to any other person shall be guilty of a Class 5 felony. The Commissioner is authorized to investigate such cases and may refer the case to the Commonwealth's attorney for prosecution.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.00.