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1996 SESSION

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HJ 152 Children; disputes involving residential placement of.

Introduced by: C. Richard Cranwell | all patrons    ...    notes | add to my profiles

SUMMARY:

Encouraging exhaustion of administrative remedies in resolving certain disputes. Urges the exhaustion of administrative remedies to resolve disputes involving the residential placement of certain children. The Comprehensive Services Act for At-Risk Youth and Families provides for the appointment of family assessment and planning teams (FAPT) to identify and determine the services required to meet the needs of certain troubled youths. In Fauquier County Dept. Soc. Serv. v. Robinson, 20 Va. App. 142 (1995), the Virginia Court of Appeals ruled that the Act grants courts authority to review the recommendations of the FAPT, and that, following a FAPT recommendation and a proper request for services, parents need not exhaust administrative remedies but may instead petition directly for judicial review of the FAPT recommendation. The resolution notes that the costs of litigation and residential placements may be unduly burdensome, and the parties involved may be able to resolve disputes regarding recommendations for services in a less costly and more efficient manner.


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