63.2-1212 - Visitations during probationary period and report.
§ 63.2-1212. Visitations during probationary period and report.
A. Except as hereinafter provided, after the entry of an interlocutory orderof adoption, (i) the licensed or duly authorized child-placing agency; (ii)if the child was not placed by an agency and the placement is not a parentalplacement, the local director; (iii) if the placement is a parentalplacement, the child-placing agency that submitted the home study; or, (iv)if the child was placed by an agency in another state or by an agency, court,or other entity in another country, the local director or licensedchild-placing agency, whichever agency completed the home study or providedsupervision, shall cause or have caused the child to be visited at leastthree times within a period of six months by an agent of such local board orlocal department or by an agent of such licensed or duly authorizedchild-placing agency. Whenever practicable, such visits shall be made withinthe six-month period immediately following the date upon which the child wasplaced in the physical care of the adoptive parents or of entry of theinterlocutory order; however, no less than ninety days shall elapse betweenthe first visit and the last visit. The agency that placed the child, thechild-placing agency that submitted the home study, the local director or thelicensed child-placing agency, as applicable, shall make a written report tothe circuit court, in such form as the Commissioner may prescribe, of thefindings made pursuant to such visitations. A copy of the report to thecircuit court shall be furnished to the counsel of record for the parties,which copy shall be returned by such counsel as is required by § 63.2-1246for the return of the original report. A copy of the report to the circuitcourt shall be served on the Commissioner by delivering or mailing a copy tohim on or before the day of filing the report with the circuit court. On thereport to the circuit court there shall be appended either acceptance ofservice or certification of the local director or the representative of thechild-placing agency, that copies were served as this section requires,showing the date of delivery or mailing.
B. The three supervisory visits required in subsection A shall be conductedin the presence of the child. At least one such visit shall be conducted inthe home of the petitioners in the presence of the child and bothpetitioners, unless the petition was filed by a single parent or one of thepetitioners is no longer residing in the home.
C. When it is determined for purposes of subsection B that the petitioner nolonger resides in the adoptive home, the child-placing agency or localdirector shall contact the petitioner to determine whether or not thepetitioner wishes to remain a party to the proceedings and shall include inits report to the circuit court the results of its findings.
(Code 1950, § 63-354; 1956, c. 187; 1962, c. 603; 1964, c. 429; 1968, c. 578,§ 63.1-228; 1972, c. 73; 1975, c. 364; 1976, c. 367; 1980, c. 740; 1988, c.599; 1989, c. 647; 1992, c. 607; 2000, c. 830, § 63.1-219.19; 2002, c. 747;2007, cc. 606, 623; 2009, c. 805.)