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1999 SESSION

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SB 1014 Child custody; entrustments, termination of parental rights.

Introduced by: Joseph V. Gartlan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Child custody; entrustments, termination of parental rights. Revises provisions relating to entrustments, relief of custody, foster care, termination of parental rights, acceptance and control over children and accepting children for placement. Two new Code sections separate the handling of petitions for approval of entrustment agreements and petitions for relief of care and custody, clarify the procedural and substantive requirements related to filing such petitions, and make uniform with other provisions the treatment of children who come into foster care through these proceedings.

The bill establishes several new procedural requirements. The agency to which a child is entrusted must file no later than the last day of the entrustment period for approval of an agreement for fewer than 90 days, if the child does not go home within the entrustment period. A foster care plan must be filed for a hearing pursuant to § 16.1-281 with any petition for approval of an entrustment agreement. A guardian ad litem is appointed to represent the child, and the matter is set for a hearing within 45 days. The new standard for the court’s approval is that the entrustment agreement is in the best interests of the child. Entry of an order approving a permanent entrustment agreement has the effect of terminating the parent’s rights and renders irrevocable the permanent entrustment agreement.

An Adoption Progress Report, outlining the agency’s progress toward finalizing a child’s adoption, is required in all parental rights termination cases. The guardian ad litem appointment continues in juvenile court until a final order of adoption is entered.

Prior to the first hearing, a petition for relief of care and custody of a child must be referred to the local department of social services for investigation and provision of any appropriate services, to prevent out-of-home placement. Notice to a parent who is not a petitioner for permanent relief of care and custody of a child and termination of parental rights must be provided and termination of that parent’s parental rights must be pursuant to § 16.1-283. The petitioner must establish good cause for relief of care and custody of a child. Several additional dispositional alternatives are available to the court in handling a petition for relief of care and custody. If the court makes a finding but does not dispose of the matter at the first hearing, a dispositional hearing must be held within 75 days of the initial hearing. An appeal may be taken from a final order.

The bill is proposed by the Court Improvement Program of the Office of the Executive Secretary of the Supreme Court and is recommended by the Judicial Council.


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