16.1-282 - Foster care review.
§ 16.1-282. Foster care review.
A. In the case of a child who was the subject of a foster care plan filedwith the court pursuant to § 16.1-281, a foster care review hearing shall beheld within six months of the dispositional hearing at which the foster careplan pursuant to § 16.1-281 was reviewed if the child: (a) was placed throughan agreement between the parents or guardians and the local board of socialservices where legal custody remains with the parents or guardians and suchagreement has not been dissolved by court order; or (b) is under the legalcustody of a local board of social services or a child welfare agency and hasnot had a petition to terminate parental rights granted, filed or ordered tobe filed on the child's behalf; has not been placed in permanent foster care;or is age 16 or over and the plan for the child is not independent living.
Any interested party, including the parent, guardian or person who stood inloco parentis prior to the board's placement of the child or the board's orchild welfare agency's assumption of legal custody, may file with the courtthe petition for a foster care review hearing hereinafter described at anytime after the initial foster care placement of the child. However, the boardor child welfare agency shall file the petition within five months of thedispositional hearing at which the foster care plan was reviewed pursuant to§ 16.1-281.
B. The petition shall:
1. Be filed in the court in which the foster care plan for the child wasreviewed and approved. Upon the order of such court, however, the petitionmay be filed in the court of the county or city in which the board or childwelfare agency having legal custody or having placed the child has itsprincipal office or where the child resides;
2. State, if such is reasonably obtainable, the current address of thechild's parents and, if the child was in the custody of a person or personsstanding in loco parentis at the time the board or child welfare agencyobtained legal custody or the board placed the child, of such person orpersons;
3. Describe the placement or placements provided for the child while infoster care and the services or programs offered to the child and his parentsand, if applicable, the persons previously standing in loco parentis;
4. Describe the nature and frequency of the contacts between the child andhis parents and, if applicable, the persons previously standing in locoparentis;
5. Set forth in detail the manner in which the foster care plan previouslyfiled with the court was or was not complied with and the extent to which thegoals thereof have been met; and
6. Set forth the disposition sought and the grounds therefor; however, in thecase of a child who has attained age 16 and for whom the plan is independentliving, the foster care plan shall be included and shall address the servicesneeded to assist the child to transition from foster care to independentliving.
C. Upon receipt of the petition filed by the board, child welfare agency, orany interested party as provided in subsection B of this section, the courtshall schedule a hearing to be held within 30 days if a hearing was notpreviously scheduled. The court shall provide notice of the hearing and acopy of the petition to the following, each of whom shall be a party entitledto participate in the proceeding:
1. The child, if he is 12 years of age or older;
2. The attorney-at-law representing the child as guardian ad litem;
3. The child's parents and, if the child was in the custody of a personstanding in loco parentis at the time the department obtained custody, suchperson or persons. No such notification shall be required, however, if thejudge certifies on the record that the identity of the parent or guardian isnot reasonably ascertainable. An affidavit of the mother that the identity ofthe father is not reasonably ascertainable shall be sufficient evidence ofthis fact, provided there is no other evidence before the court which wouldrefute such an affidavit. If the parent or guardian of the child did notappear at the dispositional hearing and was not noticed to return for thefoster care review hearing in accordance with subsection E of § 16.1-281, theparent or guardian shall be summoned to appear at the foster care reviewhearing in accordance with § 16.1-263. The review hearing shall be heldpursuant to this section although a parent or guardian fails to appear and isnot represented by counsel, provided personal or substituted service was madeon the parent or guardian, or the court determines that such person cannot befound, after reasonable effort, or in the case of a person who is without theCommonwealth, the person cannot be found or his post office address cannot beascertained after reasonable effort;
4. The foster parent or foster parents or other care providers of the child;
5. The petitioning board or child welfare agency; and
6. Such other persons as the court, in its discretion, may direct. The localboard of social services or other child welfare agency shall identify for thecourt such other persons as have a legitimate interest in the hearing,including, but not limited to, preadoptive parents for a child in foster care.
D. At the conclusion of the hearing, the court shall, upon the proof adducedin accordance with the best interests of the child and subject to theprovisions of subsection D1, enter any appropriate order of dispositionconsistent with the dispositional alternatives available to the court at thetime of the original hearing. The court order shall state whether reasonableefforts, if applicable, have been made to reunite the child with his parents,guardian or other person standing in loco parentis to the child. Any orderentered at the conclusion of this hearing that has the effect of achieving apermanent goal for the child by terminating residual parental rights pursuantto § 16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the childin permanent foster care pursuant to subdivision A iv of § 16.1-282.1; or, ifthe child has attained the age of 16 years and the plan for the child isindependent living, directing the board or agency to provide the necessaryservices to transition from foster care, pursuant to subdivision A v of §16.1-282.1 shall state whether reasonable efforts have been made to place thechild in a timely manner in accordance with the foster care plan and tocomplete the steps necessary to finalize the permanent placement of the child.
D1. Any order transferring custody of the child to a relative other than thechild's prior family shall be entered only upon a finding, based upon apreponderance of the evidence, that the relative is one who, after aninvestigation as directed by the court, (i) is found by the court to bewilling and qualified to receive and care for the child; (ii) is willing tohave a positive, continuous relationship with the child; (iii) is committedto providing a permanent, suitable home for the child; and (iv) is willingand has the ability to protect the child from abuse and neglect; and theorder shall so state. The court's order transferring custody to a relativeshould further provide for, as appropriate, any terms and conditions whichwould promote the child's interest and welfare; ongoing provision of socialservices to the child and the child's custodian; and court review of thechild's placement.
E. The court shall possess continuing jurisdiction over cases reviewed underthis section for so long as a child remains in a foster care placement or,when a child is returned to his prior family subject to conditions imposed bythe court, for so long as such conditions are effective. After the hearingrequired pursuant to subsection C, the court shall schedule a permanencyplanning hearing on the case to be held five months thereafter in accordancewith § 16.1-282.1 or within 30 days upon the petition of any party entitledto notice in proceedings under this section when the judge determines thereis good cause shown for such a hearing. However, in the case of a child whois the subject of an order that has the effect of achieving a permanent goalfor the child by terminating residual parental rights pursuant to §16.1-277.01, 16.1-277.02, 16.1-278.3, or 16.1-283; by placing the child inpermanent foster care pursuant to subdivision A iv of § 16.1-282.1; or bydirecting the board or agency to provide the child with services to achieveindependent living status, if the child has attained the age of 16 years,pursuant to subdivision A v of § 16.1-282.1, a permanency planning hearingwithin five months shall not be required and the court shall schedule afoster care review hearing to be held within 12 months of the entry of suchorder in accordance with the provisions of § 16.1-282.2.
(1977, c. 559; 1978, c. 740; 1982, c. 171; 1984, c. 71; 1987, c. 250; 1991,c. 98; 1992, c. 869; 1994, cc. 223, 604, 865; 1997, c. 790; 1998, c. 550;1999, c. 889; 2000, c. 385; 2002, c. 512; 2008, cc. 475, 483, 678; 2009, c.80.)