16.1-274 - Time for filing of reports; copies furnished to attorneys; amended reports; fees.
§ 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, § 16.1-273, or § 9.1-153, or an evaluation pursuant to §16.1-278.5, the probation officer, court-appointed special advocate, or otheragency conducting such investigation shall file such report with the clerk ofthe court directing the investigation. The clerk shall furnish a copy of suchreport to all attorneys representing parties in the matter before the courtno later than seventy-two hours, and in cases of child custody, 15 days,prior to the time set by the court for hearing the matter. If such probationofficer or other agency discovers additional information or a change incircumstance after the filing of the report, an amended report shall be filedforthwith and a copy sent to each person who received a copy of the originalreport. Whenever such a report is not filed or an amended report is filed,the court shall grant such continuance of the proceedings as justicerequires. All attorneys receiving such report or amended report shall returnsuch to the clerk upon the conclusion of the hearing and shall not makecopies of such report or amended report or any portion thereof. However, thechief judge of each juvenile and domestic relations district court mayprovide for an alternative means of copying and distributing reports oramended reports filed pursuant to § 9.1-153.
B. Notwithstanding the provisions of §§ 16.1-69.48:2 and 17.1-275, when thecourt directs the appropriate local department of social services to conductsupervised visitation or directs the appropriate local department of socialservices or court services unit to conduct an investigation pursuant to §16.1-273 or to provide mediation services in matters involving a child'scustody, visitation, or support, the court shall assess a fee against thepetitioner, the respondent, or both, in accordance with fee schedulesestablished by the appropriate local board of social services when theservice is provided by a local department of social services and by the StateBoard of Juvenile Justice when the service is provided by a court servicesunit. The fee schedules shall include (i) standards for determining thepaying party's or parties' ability to pay and (ii) a scale of fees based onthe paying party's or parties' income and family size and the actual cost ofthe services provided. The fee charged shall not exceed the actual cost ofthe service. The fee shall be assessed as a cost of the case and shall bepaid 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 andmedium for payment for such services shall be determined by the localdepartment of social services, Department of Juvenile Justice, or the locallyoperated court services unit that provided the services.
C. When a local department of social services or any court services unit isrequested by another local department or court services unit in theCommonwealth or by a similar department or entity in another state to conductan investigation involving a child's custody, visitation or support pursuantto § 16.1-273 or, in the case of a request from another state pursuant to aprovision corresponding to § 16.1-273, or to provide mediation services, orfor a local department of social services to provide supervised visitation,the local department or the court services unit performing the service mayrequire payment of fees prior to conducting the investigation or providingmediation services or supervised visitation.
(Code 1950, § 16.1-208.1; 1972, c. 111; 1975, c. 286; 1977, c. 559; 1983, c.174; 1987, c. 5; 1989, c. 725; 1990, c. 752; 1991, cc. 534, 618; 1992, c.554; 1993, c. 975; 2001, c. 364; 2006, c. 675.)