HB271: Parenting time; replaces 'visitation' in statutory language.
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-1839, 8.01-293, 16.1-69.48:5, 16.1-228, 16.1-241, 16.1-243, 16.1-244, 16.1-252, 16.1-253, 16.1-260, 16.1-262, 16.1-264, 16.1-274, 16.1-278.15, 16.1-278.16, 16.1-278.17, 16.1-279.1, 16.1-281, 16.1-296.2, 16.1-298, 17.1-272, 18.2-49.1, 18.2-271.1, 20-49.8, 20-88.34, 20-88.48, 20-103, 20-107.2, 20-108, 20-108.1, 20-108.2, 20-124.2, 20-124.2:1, 20-124.3, 20-124.4, 20-124.5, 20-124.8, 20-124.9, 20-146.1, 20-146.20, 20-146.25, 20-146.26, 63.2-908, 63.2-912, and 63.2-1215 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-1839. Risk management plans administered by the Department of the Treasury's Risk Management Division for political subdivisions, constitutional officers, etc.
A. The Division shall establish one or more risk management
plans specifying the terms and conditions for coverage, subject to the approval
of the Governor, and which plans may be purchased insurance, self-insurance or
a combination of self-insurance and purchased insurance to provide protection
against liability imposed by law for damages and against incidental medical
payments resulting from any claim made against any county, city or town;
authority, board, or commission; sanitation, soil and water, planning or other
district; public service corporation owned, operated or controlled by a
locality or local government authority; constitutional officer; state
court-appointed attorney; any attorney for any claim arising out of the
provision of pro bono legal services for custody and visitation
parenting time to an eligible indigent person under a program approved by
the Supreme Court of Virginia or the Virginia State Bar; any receiver for an attorney's
practice appointed under § 54.1-3900.01 or 54.1-3936; any attorney authorized
by the Virginia State Bar for any claim arising out of the provision of pro
bono legal services in a Virginia State Bar approved program; affiliate or
foundation of a state department, agency or institution; any clinic that is
organized in whole or primarily for the delivery of health care services
without charge; volunteer drivers for any nonprofit organization providing
transportation for persons who are elderly, disabled, or indigent to medical
treatment and services, provided the volunteer driver has successfully
completed training approved by the Division; any local chapter or program of
the Meals on Wheels Association of America or any area agency on aging, providing
meal and nutritional services to persons who are elderly, homebound, or
disabled, and volunteer drivers for such entities who have successfully
completed training approved by the Division; any individual serving as a
guardian or limited guardian as defined in § 64.2-2000 for any individual
receiving services from a community services board or behavioral health
authority or from a state facility operated by the Department of Behavioral
Health and Developmental Services; for nontransportation-related state
construction contracts less than $500,000, where the bid bond requirements are
waived, prospective contractors shall be prequalified for each individual
project in accordance with § 2.2-4317; or the officers, agents or employees of
any of the foregoing for acts or omissions of any nature while in an authorized
governmental or proprietary capacity and in the course and scope of employment
or authorization.
For the purposes of this section, "delivery of health care services without charge" shall be deemed to include the delivery of dental, medical or other health services when a reasonable minimum fee is charged to cover administrative costs.
For purposes of this section, a sheriff or deputy sheriff shall be considered to be acting in the scope of employment or authorization when performing any law-enforcement-related services authorized by the sheriff, and coverage for such service by the Division shall not be subject to any prior notification to or authorization by the Division.
B. In any case in which the coverage provided by one or more risk management plans established pursuant to this section applies, no sheriff or deputy shall be liable for any verdict or civil judgment in his individual capacity in excess of the approved maximum coverage amount as established by the Division and set forth in the respective coverage plans, which shall be at least $1.5 million for sheriffs and deputies. If a jury returns an award in excess of $1.5 million, the judge shall reduce the award and enter judgment against the sheriff or deputy for such damages in the amount of $1.5 million, provided that this shall not affect the ability of a court to order a remittitur. Nothing in this subsection shall be construed to limit the ability of a plaintiff to pursue the full amount of any judgment against a sheriff or deputy from any available insurance coverage. To the extent that any such award exceeds the coverage available under such risk management plans, the sheriff and any deputy shall be considered immune defendants under subsection F of § 38.2-2206. Automobile insurance carried by a sheriff or deputy in his personal capacity shall not be available to satisfy any verdict or civil judgment under the circumstances in which coverage is provided by one or more risk management plans.
C. Participation in the risk management plan shall be voluntary and shall be approved by the participant's respective governing body or by the State Compensation Board in the case of constitutional officers; by the office of the Executive Secretary of the Virginia Supreme Court in the case of state court-appointed attorneys, including attorneys appointed to serve as receivers under § 54.1-3900.01 or 54.1-3936, or attorneys under Virginia Supreme Court approved programs; by the Virginia State Bar in the case of attorneys providing pro bono services under Virginia State Bar approved programs; by the Commissioner of the Department of Behavioral Health and Developmental Services for any individual serving as a guardian or limited guardian for any individual receiving services from a state facility operated by the Department or by the executive director of a community services board or behavioral health authority for any individual serving as a guardian or limited guardian for any individual receiving services from the board or authority; and by the Division. Upon such approval, the Division shall assume sole responsibility for plan management, compliance, or removal. The Virginia Supreme Court shall pay the cost for coverage of eligible persons performing services in approved programs of the Virginia Supreme Court. The Virginia State Bar shall pay the cost for coverage of eligible attorneys providing pro bono services in Virginia State Bar approved programs. The Department of Behavioral Health and Developmental Services shall be responsible for paying the cost of coverage for eligible persons performing services as a guardian or limited guardian for any individual receiving services from a state facility operated by the Department. The applicable community services board or behavioral health authority shall be responsible for paying the cost of coverage for eligible persons performing services as a guardian or limited guardian for individuals receiving services from the board or authority.
D. The Division shall provide for the legal defense of participating entities and shall reserve the right to settle or defend claims presented under the plan. All prejudgment settlements shall be approved in advance by the Division.
E. The risk management plan established pursuant to this section shall provide for the establishment of a trust fund for the payment of claims covered under such plan. The funds shall be invested in the manner provided in § 2.2-1806 and interest shall be added to the fund as earned.
The trust fund shall also provide for payment of legal defense costs, actuarial costs, administrative costs, contractual costs and all other expenses related to the administration of such plan.
F. The Division shall, in its sole discretion, set the premium and administrative cost to be paid to it for providing a risk management plan established pursuant to this section. The premiums and administrative costs set by the Division shall be payable in the amounts at the time and in the manner that the Division in its sole discretion shall require. The premiums and administrative costs need not be uniform among participants, but shall be set so as to best ensure the financial stability of the plan.
G. Notwithstanding any provision to the contrary, a sheriff's department of any city or county, or a regional jail shall not be precluded from securing excess liability insurance coverage beyond the coverage provided by the Division pursuant to this section.
§ 8.01-293. Authorization to serve process, capias or show cause order; execute writ of possession and levy upon property.
A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in § 8.01-295;
2. Any person of age 18 years or older and who is not a party
or otherwise interested in the subject matter in controversy. However, in any
case in which custody or visitation parenting time of a minor
child or children is at issue and a summons is issued for the attendance and
testimony of a teacher or other school personnel who is not a party to the
proceeding, if such summons is served on school property, it shall be served
only by a sheriff or his deputy; or
3. A private process server. For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.
Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, return or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.
B. Notwithstanding any other provision of law (i) only a sheriff or high constable may execute an order or writ of possession for personal, real or mixed property, including an order or writ of possession arising out of an action in unlawful entry and detainer or ejectment; (ii) any sheriff, high constable or law-enforcement officer as defined in § 9.1-101 of the Code of Virginia may serve any capias or show cause order; and (iii) only a sheriff, the high constable for the City of Norfolk or Virginia Beach or a treasurer may levy upon property.
§ 16.1-69.48:5. Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases.
Except as otherwise provided, upon the initial commencement of
any case in the juvenile and domestic relations district court pursuant to
subdivision A 3 of § 16.1-241 when the custody or visitation parenting
time of a child is a subject of controversy or requires determination,
there shall be a filing fee of $25. However, only one $25 fee shall be required
for all custody and visitation parenting time petitions
simultaneously initiated by a single petitioner. Notwithstanding any other
provision of law, there shall be no other fees or costs added to this fee as a
condition of filing. No case to which this fee is applicable shall be set for
hearing by the clerk until this fee has been paid except on account of poverty
as provided in § 17.1-606. Fees shall be paid to the clerk in the jurisdiction
in which the petition is filed.
This fee shall not be charged in any case brought by an agent of the Commonwealth or of a local government entity.
When service of process is had on the respondent named in a petition for which the filing fee established by this section has been paid, such petition may be reissued once by changing the return day of such process, for which service there shall be no charge; however, reissuance of such process shall be within three months after the original return day.
In the case of an appeal filed pursuant to § 16.1-296, the clerk shall collect any applicable fees for service of process of the notice of appeal in the circuit court from the appellant prior to transmitting the case to the clerk of the circuit court. For purposes of this section, service of process in the circuit court may include service on the appellee by the sheriff or private process server or certified or registered mail, and service on the attorney for the appellee by regular mail.
§ 16.1-228. Definitions.
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child;
3. Whose parents or other person responsible for his care abandons such child;
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law;
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco parentis; or
6. Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55-79.2, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a violent sexual offender pursuant to § 9.1-902.
If a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services personnel, within 14 days of the child's birth. For purposes of terminating parental rights pursuant to § 16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person 18 years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult.
"Boot camp" means a short term secure or nonsecure juvenile residential facility with highly structured components including, but not limited to, military style drill and ceremony, physical labor, education and rigid discipline, and no less than six months of intensive aftercare.
"Child," "juvenile," or "minor" means a person less than 18 years of age.
"Child in need of services" means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or to the life or health of another person, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of § 22.1-258; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in § 63.2-100.
"The court" or the "juvenile court" or the "juvenile and domestic relations court" means the juvenile and domestic relations district court of each county or city.
"Delinquent act" means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § 18.2-308.7, or (iii) a violation of a court order as provided for in § 16.1-292, but shall not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§ 16.1-241 and 16.1-278.9, the term shall include a refusal to take a blood or breath test in violation of § 18.2-268.2 or a similar ordinance of any county, city, or town.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his 18th birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of § 16.1-269.6.
"Department" means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293.
"Independent living arrangement" means placement of a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency and has been placed by the local board or licensed child-placing agency in a living arrangement in which he does not have daily substitute parental supervision.
"Independent living services" means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. "Independent living services" may also mean services and activities provided to a person who was in foster care on his 18th birthday and has not yet reached the age of 21 years. Such services shall include counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"This law" or "the law" means the Juvenile and Domestic Relations District Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Residual parental rights and responsibilities"
means all rights and responsibilities remaining with the parent after the
transfer of legal custody or guardianship of the person, including but not
limited to the right of visitation parenting time, consent to
adoption, the right to determine religious affiliation and the responsibility
for support.
"Secure facility" or "detention home" means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Juvenile Justice.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 when committed by a juvenile 14 years of age or older.
§ 16.1-241. Jurisdiction; consent for abortion.
The judges of the juvenile and domestic relations district court elected or appointed under this law shall be conservators of the peace within the corporate limits of the cities and the boundaries of the counties for which they are respectively chosen and within one mile beyond the limits of such cities and counties. Except as hereinafter provided, each juvenile and domestic relations district court shall have, within the limits of the territory for which it is created, exclusive original jurisdiction, and within one mile beyond the limits of said city or county, concurrent jurisdiction with the juvenile court or courts of the adjoining city or county, over all cases, matters and proceedings involving:
A. The custody, visitation parenting time,
support, control or disposition of a child:
1. Who is alleged to be abused, neglected, in need of services, in need of supervision, a status offender, or delinquent except where the jurisdiction of the juvenile court has been terminated or divested;
2. Who is abandoned by his parent or other custodian or who by reason of the absence or physical or mental incapacity of his parents is without parental care and guardianship;
2a. Who is at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in the care of the parent or custodian;
3. Whose custody, visitation parenting time, or
support is a subject of controversy or requires determination. In such cases
jurisdiction shall be concurrent with and not exclusive of courts having equity
jurisdiction, except as provided in § 16.1-244;
4. Who is the subject of an entrustment agreement entered into pursuant to § 63.2-903 or 63.2-1817 or whose parent or parents for good cause desire to be relieved of his care and custody;
5. Where the termination of residual parental rights and responsibilities is sought. In such cases jurisdiction shall be concurrent with and not exclusive of courts having equity jurisdiction, as provided in § 16.1-244; and
6. Who is charged with a traffic infraction as defined in § 46.2-100.
In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection B of § 16.1-269.1, and for any charges ancillary thereto, the jurisdiction of the juvenile court shall be limited to conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was 14 years of age or older at the time of the commission of the alleged offense, and any matters related thereto. In any case in which the juvenile is alleged to have committed a violent juvenile felony enumerated in subsection C of § 16.1-269.1, and for all charges ancillary thereto, if the attorney for the Commonwealth has given notice as provided in subsection C of § 16.1-269.1, the jurisdiction of the juvenile court shall be limited to conducting a preliminary hearing to determine if there is probable cause to believe that the juvenile committed the act alleged and that the juvenile was 14 years of age or older at the time of the commission of the alleged offense, and any matters related thereto. A determination by the juvenile court following a preliminary hearing pursuant to subsection B or C of § 16.1-269.1 to certify a charge to the grand jury shall divest the juvenile court of jurisdiction over the charge and any ancillary charge. In any case in which a transfer hearing is held pursuant to subsection A of § 16.1-269.1, if the juvenile court determines to transfer the case, jurisdiction of the juvenile court over the case shall be divested as provided in § 16.1-269.6.
In all other cases involving delinquent acts, and in cases in which an ancillary charge remains after a violent juvenile felony charge has been dismissed or a violent juvenile felony has been reduced to a lesser offense not constituting a violent juvenile felony, the jurisdiction of the juvenile court shall not be divested unless there is a transfer pursuant to subsection A of § 16.1-269.1.
The authority of the juvenile court to adjudicate matters
involving the custody, visitation parenting time, support,
control or disposition of a child shall not be limited to the consideration of
petitions filed by a mother, father or legal guardian but shall include
petitions filed at any time by any party with a legitimate interest therein. A
party with a legitimate interest shall be broadly construed and shall include,
but not be limited to, grandparents, step-grandparents, stepparents, former
stepparents, blood relatives and family members. A party with a legitimate
interest shall not include any person (i) whose parental rights have been
terminated by court order, either voluntarily or involuntarily, (ii) whose
interest in the child derives from or through a person whose parental rights have
been terminated by court order, either voluntarily or involuntarily, including,
but not limited to, grandparents, stepparents, former stepparents, blood
relatives and family members, if the child subsequently has been legally
adopted, except where a final order of adoption is entered pursuant to §
63.2-1241, or (iii) who has been convicted of a violation of subsection A of §
18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of
another state, the United States, or any foreign jurisdiction, when the child
who is the subject of the petition was conceived as a result of such violation.
The authority of the juvenile court to consider a petition involving the
custody of a child shall not be proscribed or limited where the child has previously
been awarded to the custody of a local board of social services.
B. The admission of minors for inpatient treatment in a mental health facility in accordance with the provisions of Article 16 (§ 16.1-335 et seq.) and the involuntary admission of a person with mental illness or judicial certification of eligibility for admission to a training center for persons with intellectual disability in accordance with the provisions of Chapter 8 (§ 37.2-800 et seq.) of Title 37.2. Jurisdiction of the involuntary admission and certification of adults shall be concurrent with the general district court.
C. Except as provided in subsections D and H, judicial consent to such activities as may require parental consent may be given for a child who has been separated from his parents, guardian, legal custodian or other person standing in loco parentis and is in the custody of the court when such consent is required by law.
D. Judicial consent for emergency surgical or medical treatment for a child who is neither married nor has ever been married, when the consent of his parent, guardian, legal custodian or other person standing in loco parentis is unobtainable because such parent, guardian, legal custodian or other person standing in loco parentis (i) is not a resident of the Commonwealth, (ii) has his whereabouts unknown, (iii) cannot be consulted with promptness, reasonable under the circumstances, or (iv) fails to give such consent or provide such treatment when requested by the judge to do so.
E. Any person charged with deserting, abandoning or failing to provide support for any person in violation of law.
F. Any parent, guardian, legal custodian or other person standing in loco parentis of a child:
1. Who has been abused or neglected;
2. Who is the subject of an entrustment agreement entered into pursuant to § 63.2-903 or 63.2-1817 or is otherwise before the court pursuant to subdivision A 4; or
3. Who has been adjudicated in need of services, in need of supervision, or delinquent, if the court finds that such person has by overt act or omission induced, caused, encouraged or contributed to the conduct of the child complained of in the petition.
G. Petitions filed by or on behalf of a child or such child's parent, guardian, legal custodian or other person standing in loco parentis for the purpose of obtaining treatment, rehabilitation or other services that are required by law to be provided for that child or such child's parent, guardian, legal custodian or other person standing in loco parentis. Jurisdiction in such cases shall be concurrent with and not exclusive of that of courts having equity jurisdiction as provided in § 16.1-244.
H. Judicial consent to apply for a work permit for a child when such child is separated from his parents, legal guardian or other person standing in loco parentis.
I. The prosecution and punishment of persons charged with ill-treatment, abuse, abandonment or neglect of children or with any violation of law that causes or tends to cause a child to come within the purview of this law, or with any other offense against the person of a child. In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause.
J. All offenses in which one family or household member is charged with an offense in which another family or household member is the victim and all offenses under § 18.2-49.1.
In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause. Any objection based on jurisdiction under this subsection shall be made before a jury is impaneled and sworn in a jury trial or, in a nonjury trial, before the earlier of when the court begins to hear or receive evidence or the first witness is sworn, or it shall be conclusively waived for all purposes. Any such objection shall not affect or be grounds for challenging directly or collaterally the jurisdiction of the court in which the case is tried.
K. Petitions filed by a natural parent, whose parental rights to a child have been voluntarily relinquished pursuant to a court proceeding, to seek a reversal of the court order terminating such parental rights. No such petition shall be accepted, however, after the child has been placed in the home of adoptive parents.
L. Any person who seeks spousal support after having separated from his spouse. A decision under this subdivision shall not be res judicata in any subsequent action for spousal support in a circuit court. A circuit court shall have concurrent original jurisdiction in all causes of action under this subdivision.
M. Petitions filed for the purpose of obtaining an order of protection pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1, and all petitions filed for the purpose of obtaining an order of protection pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10 if either the alleged victim or the respondent is a juvenile.
N. Any person who escapes or remains away without proper authority from a residential care facility in which he had been placed by the court or as a result of his commitment to the Virginia Department of Juvenile Justice.
O. Petitions for emancipation of a minor pursuant to Article 15 (§ 16.1-331 et seq.).
P. Petitions for enforcement of administrative support orders entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, or by another state in the same manner as if the orders were entered by a juvenile and domestic relations district court upon the filing of a certified copy of such order in the juvenile and domestic relations district court.
Q. Petitions for a determination of parentage pursuant to Chapter 3.1 (§ 20-49.1 et seq.) of Title 20. A circuit court shall have concurrent original jurisdiction to the extent provided for in § 20-49.2.
R. [Repealed.]
S. Petitions filed by school boards against parents pursuant to §§ 16.1-241.2 and 22.1-279.3.
T. Petitions to enforce any request for information or subpoena that is not complied with or to review any refusal to issue a subpoena in an administrative appeal regarding child abuse and neglect pursuant to § 63.2-1526.
U. Petitions filed in connection with parental placement adoption consent hearings pursuant to § 63.2-1233. Such proceedings shall be advanced on the docket so as to be heard by the court within 10 days of filing of the petition, or as soon thereafter as practicable so as to provide the earliest possible disposition.
V. Petitions filed for the purpose of obtaining the court's assistance with the execution of consent to an adoption when the consent to an adoption is executed pursuant to the laws of another state and the laws of that state provide for the execution of consent to an adoption in the court of the Commonwealth.
W. Petitions filed by a juvenile seeking judicial authorization for a physician to perform an abortion if a minor elects not to seek consent of an authorized person.
After a hearing, a judge shall issue an order authorizing a physician to perform an abortion, without the consent of any authorized person, if he finds that (i) the minor is mature enough and well enough informed to make her abortion decision, in consultation with her physician, independent of the wishes of any authorized person, or (ii) the minor is not mature enough or well enough informed to make such decision, but the desired abortion would be in her best interest.
If the judge authorizes an abortion based on the best interests of the minor, such order shall expressly state that such authorization is subject to the physician or his agent giving notice of intent to perform the abortion; however, no such notice shall be required if the judge finds that such notice would not be in the best interest of the minor. In determining whether notice is in the best interest of the minor, the judge shall consider the totality of the circumstances; however, he shall find that notice is not in the best interest of the minor if he finds that (i) one or more authorized persons with whom the minor regularly and customarily resides is abusive or neglectful, and (ii) every other authorized person, if any, is either abusive or neglectful or has refused to accept responsibility as parent, legal guardian, custodian or person standing in loco parentis.
The minor may participate in the court proceedings on her own behalf, and the court may appoint a guardian ad litem for the minor. The court shall advise the minor that she has a right to counsel and shall, upon her request, appoint counsel for her.
Notwithstanding any other provision of law, the provisions of this subsection shall govern proceedings relating to consent for a minor's abortion. Court proceedings under this subsection and records of such proceedings shall be confidential. Such proceedings shall be given precedence over other pending matters so that the court may reach a decision promptly and without delay in order to serve the best interests of the minor. Court proceedings under this subsection shall be heard and decided as soon as practicable but in no event later than four days after the petition is filed.
An expedited confidential appeal to the circuit court shall be available to any minor for whom the court denies an order authorizing an abortion without consent or without notice. Any such appeal shall be heard and decided no later than five days after the appeal is filed. The time periods required by this subsection shall be subject to subsection B of § 1-210. An order authorizing an abortion without consent or without notice shall not be subject to appeal.
No filing fees shall be required of the minor at trial or upon appeal.
If either the original court or the circuit court fails to act within the time periods required by this subsection, the court before which the proceeding is pending shall immediately authorize a physician to perform the abortion without consent of or notice to an authorized person.
Nothing contained in this subsection shall be construed to authorize a physician to perform an abortion on a minor in circumstances or in a manner that would be unlawful if performed on an adult woman.
A physician shall not knowingly perform an abortion upon an unemancipated minor unless consent has been obtained or the minor delivers to the physician a court order entered pursuant to this section and the physician or his agent provides such notice as such order may require. However, neither consent nor judicial authorization nor notice shall be required if the minor declares that she is abused or neglected and the attending physician has reason to suspect that the minor may be an abused or neglected child as defined in § 63.2-100 and reports the suspected abuse or neglect in accordance with § 63.2-1509; or if there is a medical emergency, in which case the attending physician shall certify the facts justifying the exception in the minor's medical record.
For purposes of this subsection:
"Authorization" means the minor has delivered to the physician a notarized, written statement signed by an authorized person that the authorized person knows of the minor's intent to have an abortion and consents to such abortion being performed on the minor.
"Authorized person" means (i) a parent or duly appointed legal guardian or custodian of the minor or (ii) a person standing in loco parentis, including, but not limited to, a grandparent or adult sibling with whom the minor regularly and customarily resides and who has care and control of the minor. Any person who knows he is not an authorized person and who knowingly and willfully signs an authorization statement consenting to an abortion for a minor is guilty of a Class 3 misdemeanor.
"Consent" means that (i) the physician has given notice of intent to perform the abortion and has received authorization from an authorized person, or (ii) at least one authorized person is present with the minor seeking the abortion and provides written authorization to the physician, which shall be witnessed by the physician or an agent thereof. In either case, the written authorization shall be incorporated into the minor's medical record and maintained as a part thereof.
"Medical emergency" means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of the pregnant minor as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.
"Notice of intent to perform the abortion" means that (i) the physician or his agent has given actual notice of his intention to perform such abortion to an authorized person, either in person or by telephone, at least 24 hours previous to the performance of the abortion; or (ii) the physician or his agent, after a reasonable effort to notify an authorized person, has mailed notice to an authorized person by certified mail, addressed to such person at his usual place of abode, with return receipt requested, at least 72 hours prior to the performance of the abortion.
"Perform an abortion" means to interrupt or terminate a pregnancy by any surgical or nonsurgical procedure or to induce a miscarriage as provided in § 18.2-72, 18.2-73, or 18.2-74.
"Unemancipated minor" means a minor who has not been emancipated by (i) entry into a valid marriage, even though the marriage may have been terminated by dissolution; (ii) active duty with any of the Armed Forces of the United States; (iii) willingly living separate and apart from his or her parents or guardian, with the consent or acquiescence of the parents or guardian; or (iv) entry of an order of emancipation pursuant to Article 15 (§ 16.1-331 et seq.).
X. Petitions filed pursuant to Article 17 (§ 16.1-349 et seq.) relating to standby guardians for minor children.
The ages specified in this law refer to the age of the child at the time of the acts complained of in the petition.
Notwithstanding any other provision of law, no fees shall be charged by a sheriff for the service of any process in a proceeding pursuant to subdivision A 3, except as provided in subdivision A 6 of § 17.1-272, or subsection B, D, M, or R.
Notwithstanding the provisions of § 18.2-71, any physician who performs an abortion in violation of subsection W shall be guilty of a Class 3 misdemeanor.
§ 16.1-243. Venue.
A. Original venue:
1. Cases involving children, other than support or where protective order issued: Proceedings with respect to children under this law, except support proceedings as provided in subdivision 2 or family abuse proceedings as provided in subdivision 3, shall:
a. Delinquency: If delinquency is alleged, be commenced in the city or county where the acts constituting the alleged delinquency occurred or they may, with the written consent of the child and the attorney for the Commonwealth for both jurisdictions, be commenced in the city or county where the child resides;
b. Custody or visitation parenting time: In
cases involving custody or visitation parenting time, be
commenced in the court of the city or county which, in order of priority, (i)
is the home of the child at the time of the filing of the petition, or had been
the home of the child within six months before the filing of the petition and
the child is absent from the city or county because of his removal or retention
by a person claiming his custody or for other reasons, and a parent or person
acting as a parent continues to live in the city or county, (ii) has
significant connection with the child and in which there is substantial
evidence concerning the child's present or future care, protection, training
and personal relationships, (iii) is where the child is physically present and
the child has been abandoned or it is necessary in an emergency to protect the
child because he has been subjected to or threatened with mistreatment or abuse
or is otherwise neglected or dependent or (iv) it is in the best interest of
the child for the court to assume jurisdiction as no other city or county is an
appropriate venue under the preceding provisions of this subdivision;
c. Adoption: In parental placement adoption consent hearings pursuant to §§ 16.1-241, 63.2-1233, and 63.2-1237, be commenced in any city or county, provided, however, that diligent efforts shall first be made to commence such hearings (i) in the city or county where the child to be adopted was born, (ii) in the city or county where the birth parent(s) reside, or (iii) in the city or county where the prospective adoptive parent(s) reside. In cases in which a hearing is commenced in a city or county other than one described in clauses (i) through (iii), the petitioner shall certify in writing to the court that diligent efforts to commence a hearing in such city or county have been made but have proven ineffective; and
d. All other cases: In all other proceedings, be commenced in the city or county where the child resides or in the city or county where the child is present when the proceedings are commenced.
2. Support: Proceedings that involve child or spousal support or child and spousal support, exclusive of proceedings arising under Chapter 5 (§ 20-61 et seq.) of Title 20, shall be commenced in the city or county where either party resides or in the city or county where the respondent is present when the proceeding commences.
3. Family abuse: Proceedings in which an order of protection is sought as a result of family abuse shall be commenced where (i) either party has his or her principal residence (ii) the abuse occurred or (iii) a protective order was issued if at the time the proceeding is commenced the order is in effect to protect the petitioner or a family or household member of the petitioner.
B. Transfer of venue:
1. Generally: Except in custody, visitation
parenting time, and support cases, if the child resides in a city or county
of the Commonwealth and the proceeding is commenced in a court of another city
or county, that court may at any time, on its own motion or a motion of a party
for good cause shown, transfer the proceeding to the city or county of the
child's residence for such further action or proceedings as the court receiving
the transfer may deem proper. However, such transfer may occur only after
adjudication in delinquency proceedings.
2. Custody and visitation parenting time: In
custody and visitation parenting time cases, if venue lies in one
of several cities or counties, the court in which the motion for transfer is
made shall determine which such city or county is the most appropriate venue
unless the parties mutually agree to the selection of venue. In the
consideration of the motion, the best interests of the child shall determine
the most appropriate forum.
3. Support: In support proceedings, exclusive of proceedings arising under Chapter 5 of Title 20, if the respondent resides in a city or county in the Commonwealth and the proceeding is commenced in a court of another city or county, that court may, at any time on its own motion or a motion of a party for good cause shown or by agreement of the parties, transfer the proceeding to the city or county of the respondent's residence for such further action or proceedings as the court receiving the transfer may deem proper. For the purposes of determining venue of cases involving support, the respondent's residence shall include any city or county in which the respondent has resided within the last six months prior to the commencement of the proceeding or in which the respondent is residing at the time that the motion for transfer of venue is made. If venue is transferable to one of several cities or counties, the court in which the motion for transfer is made shall determine which such city or county is the most appropriate venue unless the parties mutually agree to the selection of such venue.
When the support proceeding is a companion case to a child
custody or visitation parenting time proceeding, the provisions
governing venue in the proceeding involving the child's custody or
visitation parenting time shall govern.
4. Subsequent transfers: Any court receiving a transferred proceeding as provided in this section may in its discretion transfer such proceeding to a court in an appropriate venue for good cause shown based either upon changes in circumstances or mistakes of fact or upon agreement of the parties. In any transfer of venue in cases involving children, the best interests of the child shall be considered in deciding if and to which court a transfer of venue would be appropriate.
5. Enforcement of orders for support, maintenance and custody: Any juvenile and domestic relations district court to which a suit is transferred for enforcement of orders pertaining to support, maintenance, care or custody pursuant to § 20-79 (c) may transfer the case as provided in this section.
C. Records: Originals of all legal and social records pertaining to the case shall accompany the transfer of venue. Records imaged from the original documents shall be considered original documents for purposes of the transfer of venue. The transferor court may, in its discretion, retain copies as it deems appropriate.
§ 16.1-244. Concurrent jurisdiction; exceptions.
A. Nothing contained in this law shall deprive any other court
of the concurrent jurisdiction to determine the custody of children upon a writ
of habeas corpus under the law, or to determine the custody, guardianship,
visitation parenting time, or support of children when such custody,
guardianship, visitation parenting time, or support is incidental
to the determination of causes pending in such courts, nor deprive a circuit
court of jurisdiction to determine spousal support in a suit for separate
maintenance. However, when a suit for divorce has been filed in a circuit
court, in which the custody, guardianship, visitation parenting time,
or support of children of the parties or spousal support is raised by the
pleadings and a hearing, including a pendente lite hearing, is set by the
circuit court on any such issue for a date certain or on a motions docket to be
heard within 21 days of the filing, the juvenile and domestic relations
district courts shall be divested of the right to enter any further decrees or
orders to determine custody, guardianship, visitation parenting time,
or support when raised for such hearing and such matters shall be determined by
the circuit court unless both parties agreed to a referral to the juvenile
court. Nothing in this section shall deprive a circuit court of the authority
to refer any such case to a commissioner for a hearing or shall deprive the
juvenile and domestic relations district courts of the jurisdiction to enforce
its valid orders prior to the entry of a conflicting order of any circuit court
for any period during which the order was in effect or to temporarily place a
child in the custody of any person when that child has been adjudicated abused,
neglected, in need of services or delinquent subsequent to the order of any
circuit court.
B. Jurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney.
§ 16.1-252. Preliminary removal order; hearing.
A. A preliminary removal order in cases in which a child is alleged to have been abused or neglected may be issued by the court after a hearing wherein the court finds that reasonable efforts have been made to prevent removal of the child from his home. The hearing shall be in the nature of a preliminary hearing rather than a final determination of custody.
B. Prior to the removal hearing, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian or other person standing in loco parentis of the child and to the child if he or she is 12 years of age or older. If notice to the parents, guardian, legal custodian or other person standing in loco parentis cannot be given despite diligent efforts to do so, the hearing shall be held nonetheless, and the parents, guardian, legal custodian or other person standing in loco parentis shall be afforded a later hearing on their motion regarding a continuation of the summary removal order. The notice provided herein shall include (i) the time, date and place for the hearing; (ii) a specific statement of the factual circumstances which allegedly necessitate removal of the child; and (iii) notice that child support will be considered if a determination is made that the child must be removed from the home.
C. All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.
D. At the removal hearing the child and his parent, guardian, legal custodian or other person standing in loco parentis shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf. If the child was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the hearing, the child's attorney or guardian ad litem, or if the child has been committed to the custody of the Department of Social Services, the local department of social services, may apply for an order from the court that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The provisions of § 63.2-1521 shall apply, mutatis mutandis, to the use of two-way closed-circuit television except that the person seeking the order shall apply for the order at least 48 hours before the hearing, unless the court for good cause shown allows the application to be made at a later time.
E. In order for a preliminary order to issue or for an existing order to be continued, the petitioning party or agency must prove:
1. The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition; and
2. Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably and adequately protect the child's life or health pending a final hearing on the petition. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order pursuant to § 16.1-253.
When a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.
F. If the court determines that pursuant to subsection E hereof the removal of the child is proper, the court shall:
1. Order that the child be placed in the temporary care and custody of a suitable person, subject to the provisions of subsection F1 of this section and under the supervision of the local department of social services, with consideration being given to placement in the temporary care and custody of a relative or other interested individual, including grandparents, until such time as the court enters an order of disposition pursuant to § 16.1-278.2, or, if such placement is not available, in the care and custody of a suitable agency;
2. Order that reasonable visitation parenting time
be allowed between the child and his parents, guardian, legal custodian or
other person standing in loco parentis, and between the child and his siblings,
if such visitation parenting time would not endanger the child's
life or health; and
3. Order that the parent or other legally obligated person pay child support pursuant to § 16.1-290.
In addition, the court may enter a preliminary protective order pursuant to § 16.1-253 imposing requirements and conditions as specified in that section which the court deems appropriate for protection of the welfare of the child.
F1. Prior to the entry of an order pursuant to subsection F of this section transferring temporary custody of the child to a relative or other interested individual, including grandparents, the court shall consider whether the relative or other interested individual is one who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ability to protect the child from abuse and neglect. The court's order transferring temporary custody to a relative or other interested individual should provide for compliance with any preliminary protective order entered on behalf of the child in accordance with the provisions of § 16.1-253; initiation and completion of the investigation as directed by the court and court review of the child's placement required in accordance with the provisions of § 16.1-278.2; and, as appropriate, ongoing provision of social services to the child and the temporary custodian.
G. At the conclusion of the preliminary removal order hearing, the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child's guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary removal hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the preliminary removal order hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The hearing shall be held and an order may be entered, although a party to the preliminary removal order hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.
The preliminary removal order and any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.
H. If the preliminary removal order includes a finding of abuse or neglect and the child is removed from his home or a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. The dispositional hearing shall be scheduled at the time of the preliminary removal order hearing and shall be held within 60 days of the preliminary removal order hearing. If an adjudicatory hearing is requested pursuant to subsection G, the dispositional hearing shall nonetheless be scheduled at the initial preliminary removal order hearing. All parties present at the preliminary removal order hearing shall be given notice of the date scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.
I. The local department of social services having "legal custody" of a child as defined in § 16.1-228 (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent.
J. Violation of any order issued pursuant to this section shall constitute contempt of court.
§ 16.1-253. Preliminary protective order.
A. Upon the motion of any person or upon the court's own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child's life, health, safety or normal development pending the final determination of any matter before the court. The order may require a child's parents, guardian, legal custodian, other person standing in loco parentis or other family or household member of the child to observe reasonable conditions of behavior for a specified length of time. These conditions shall include any one or more of the following:
1. To abstain from offensive conduct against the child, a family or household member of the child or any person to whom custody of the child is awarded;
2. To cooperate in the provision of reasonable services or programs designed to protect the child's life, health or normal development;
3. To allow persons named by the court to come into the child's home at reasonable times designated by the court to visit the child or inspect the fitness of the home and to determine the physical or emotional health of the child;
4. To allow visitation parenting time with the
child by persons entitled thereto, as determined by the court;
5. To refrain from acts of commission or omission which tend to endanger the child's life, health or normal development;
6. To refrain from such contact with the child or family or household members of the child, as the court may deem appropriate, including removal of such person from the residence of the child. However, prior to the issuance by the court of an order removing such person from the residence of the child, the petitioner must prove by a preponderance of the evidence that such person's probable future conduct would constitute a danger to the life or health of such child, and that there are no less drastic alternatives which could reasonably and adequately protect the child's life or health pending a final determination on the petition; or
7. To grant the person on whose behalf the order is issued the possession of any companion animal as defined in § 3.2-6500 if such person meets the definition of owner in § 3.2-6500.
B. A preliminary protective order may be issued ex parte upon motion of any person or the court's own motion in any matter before the court, or upon petition. The motion or petition shall be supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that the child would be subjected to an imminent threat to life or health to the extent that delay for the provision of an adversary hearing would be likely to result in serious or irremediable injury to the child's life or health. If an ex parte order is issued without an affidavit being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court's findings. Following the issuance of an ex parte order the court shall provide an adversary hearing to the affected parties within the shortest practicable time not to exceed five business days after the issuance of the order.
C. Prior to the hearing required by this section, notice of the hearing shall be given at least 24 hours in advance of the hearing to the guardian ad litem for the child, to the parents, guardian, legal custodian, or other person standing in loco parentis of the child, to any other family or household member of the child to whom the protective order may be directed and to the child if he or she is 12 years of age or older. The notice provided herein shall include (i) the time, date and place for the hearing and (ii) a specific statement of the factual circumstances which allegedly necessitate the issuance of a preliminary protective order.
D. All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.
E. At the hearing the child, his or her parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.
F. If a petition alleging abuse or neglect of a child has been filed, at the hearing pursuant to this section the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order. However, if, before such a finding is made, a person responsible for the care and custody of the child, the child's guardian ad litem or the local department of social services objects to a finding being made at the hearing, the court shall schedule an adjudicatory hearing to be held within 30 days of the date of the initial preliminary protective order hearing. The adjudicatory hearing shall be held to determine whether the allegations of abuse and neglect have been proven by a preponderance of the evidence. Parties who are present at the hearing shall be given notice of the date set for the adjudicatory hearing and parties who are not present shall be summoned as provided in § 16.1-263. The adjudicatory hearing shall be held and an order may be entered, although a party to the hearing fails to appear and is not represented by counsel, provided personal or substituted service was made on the person, or the court determines that such person cannot be found, after reasonable effort, or in the case of a person who is without the Commonwealth, the person cannot be found or his post office address cannot be ascertained after reasonable effort.
Any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.
G. If at the preliminary protective order hearing held pursuant to this section the court makes a finding of abuse or neglect and a preliminary protective order is issued, a dispositional hearing shall be held pursuant to § 16.1-278.2. The court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of the preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264 and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith upon the allegedly abusing person in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the dispositional hearing. The dispositional hearing shall be scheduled at the time of the hearing pursuant to this section, and shall be held within 60 days of this hearing. If an adjudicatory hearing is requested pursuant to subsection F, the dispositional hearing shall nonetheless be scheduled at the hearing pursuant to this section. All parties present at the hearing shall be given notice of the date and time scheduled for the dispositional hearing; parties who are not present shall be summoned to appear as provided in § 16.1-263.
H. Nothing in this section enables the court to remove a child from the custody of his or her parents, guardian, legal custodian or other person standing in loco parentis, except as provided in § 16.1-278.2, and no order hereunder shall be entered against a person over whom the court does not have jurisdiction.
I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
J. Violation of any order issued pursuant to this section shall constitute contempt of court.
K. The court shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court. A copy of the preliminary protective order containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264 and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the allegedly abusing person in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. The preliminary order shall specify a date for the full hearing.
Upon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the preliminary protective order to the primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described above. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.
L. No fee shall be charged for filing or serving any petition or order pursuant to this section.
§ 16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk, (ii) designated nonattorney employees of the Department of Social Services may complete, sign and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk, and (iii) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement.
B. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.
An intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision or delinquent only if the juvenile (i) is not alleged to have committed a violent juvenile felony or (ii) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.
If a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of § 22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the complaint for 90 days and proceed informally by developing a truancy plan. The intake officer may proceed informally only if the juvenile has not previously been proceeded against informally or adjudicated in need of supervision for failure to comply with compulsory school attendance as provided in § 22.1-254. The juvenile and his parent or parents, guardian or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian or other person standing in loco parentis participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as necessary to ensure the juvenile's compliance with compulsory school attendance as provided in § 22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. If at the end of the 90-day period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.
Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision or delinquent, the intake officer shall (i) develop a plan for the juvenile, which may include restitution and the performance of community service, based upon community resources and the circumstances which resulted in the complaint, (ii) create an official record of the action taken by the intake officer and file such record in the juvenile's case file, and (iii) advise the juvenile and the juvenile's parent, guardian or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241 will result in the filing of a petition with the court.
C. The intake officer shall accept and file a petition in
which it is alleged that (i) the custody, visitation parenting time, or
support of a child is the subject of controversy or requires determination,
(ii) a person has deserted, abandoned or failed to provide support for any
person in violation of law, (iii) a child or such child's parent, guardian,
legal custodian or other person standing in loco parentis is entitled to
treatment, rehabilitation or other services which are required by law, (iv)
family abuse has occurred and a protective order is being sought pursuant to §
16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or
threat has occurred, a protective order is being sought pursuant to §
19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the
respondent is a juvenile. If any such complainant does not file a petition, the
intake officer may file it. In cases in which a child is alleged to be abused,
neglected, in need of services, in need of supervision or delinquent, if the
intake officer believes that probable cause does not exist, or that the
authorization of a petition will not be in the best interest of the family or
juvenile or that the matter may be effectively dealt with by some agency other
than the court, he may refuse to authorize the filing of a petition. The intake
officer shall provide to a person seeking a protective order pursuant to §
16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions,
procedures and time limits applicable to the issuance of protective orders
pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a
protective order pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, the
intake officer shall provide a written explanation of the conditions,
procedures, and time limits applicable to the issuance of protective orders
pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10.
D. Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.
E. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of § 16.1-256, the intake officer shall accept and file a petition founded upon the warrant.
F. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
G. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
1. A firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§ 18.2-89 through 18.2-93;
9. Robbery pursuant to § 18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to § 18.2-46.3; or
12. An act of violence by a mob pursuant to § 18.2-42.1.
The failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.
H. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of § 16.1-241.
3. In the case of a misdemeanor violation of § 18.2-250.1, 18.2-266, 18.2-266.1, or 29.1-738, or the commission of any other alcohol-related offense, provided the juvenile is released to the custody of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody of a parent or legal guardian shall issue a summons to the juvenile and shall also issue a summons requiring the parent or legal guardian to appear before the court with the juvenile. Disposition of the charge shall be in the manner provided in § 16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile so charged with a violation of § 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§ 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed except that the magistrate shall authorize execution of the warrant as a summons. The summons shall be served on a parent or legal guardian and the juvenile, and a copy of the summons shall be forwarded to the court in which the violation is to be tried. When a violation of § 18.2-250.1 is charged by summons, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B, provided such right is exercised by written notification to the clerk not later than 10 days prior to trial. At the time such summons alleging a violation of § 18.2-250.1 is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court. If the officer fails to make such service or return, the court shall dismiss the summons without prejudice.
4. In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
I. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§ 16.1-262. Form and content of petition.
The petition shall contain the facts below indicated:
"Commonwealth of Virginia, In re ____________________ (name of child)" a child under eighteen years of age.
"In the Juvenile and Domestic Relations District Court of the county (or city) of ____________________"
1. Statement of name, age, date of birth, if known, and residence of the child.
2. Statement of names and residence of his parents, guardian, legal custodian or other person standing in loco parentis and spouse, if any.
3. Statement of names and residence of the nearest known relatives if no parent or guardian can be found.
4. Statement of the specific facts which allegedly bring the child within the purview of this law. If the petition alleges a delinquent act, it shall make reference to the applicable sections of the Code which designate the act a crime.
5. Statement as to whether the child is in custody, and if so, the place of detention or shelter care, and the time the child was taken into custody, and the time the child was placed in detention or shelter care.
If any of the facts herein required to be stated are not known by the petitioner, the petition shall so state. The petition shall be verified, except that petitions filed under § 63.2-1237 may be signed by the petitioner's counsel, and may be upon information.
In accordance with § 16.1-69.32, the Supreme Court may
formulate rules for the form and content of petitions in the juvenile court
concerning matters related to the custody, visitation parenting time,
or support of a child and the protection, support or maintenance of an adult
where the provisions of this section are not appropriate.
§ 16.1-264. Service of summons; proof of service; penalty.
A. If a party designated in subsection A of § 16.1-263 to be served with a summons can be found within the Commonwealth, the summons shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296.
If a party designated to be served in § 16.1-263 is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return receipt requested.
If after reasonable effort a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, whether he is within or without the Commonwealth, the court may order service of the summons upon him by publication in accordance with the provisions of §§ 8.01-316 and 8.01-317.
A1. Any person who is subject to an emergency protective order issued pursuant to § 16.1-253.4 or 19.2-152.8 shall have been personally served with the protective order if a law-enforcement officer, as defined in § 9.1-101, personally provides to such person a notification of the issuance of the order, which shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, provided that all of the information and individual requirements of the order are included on the form. The officer making service shall enter or cause to be entered the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.
B. Service of summons may be made under the direction of the
court by sheriffs, their deputies and police officers in counties and cities or
by any other suitable person designated by the court. However, in any case in
which custody or visitation parenting time of a minor child or
children is at issue and a summons is issued for the attendance and testimony
of a teacher or other school personnel who is not a party to the proceeding, if
such summons is served on school property, it shall be served only by a sheriff
or his deputy.
C. Proof of service may be made by the affidavit of the person other than an officer designated in subsection B hereof who delivers a copy of the summons to the person summoned, but if served by a state, county or municipal officer his return shall be sufficient without oath.
D. The summons shall be considered a mandate of the court and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for contempt.
§ 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees.
A. Whenever any court directs an investigation pursuant to subdivision A of § 16.1-237 or § 16.1-273 or 9.1-153, or an evaluation pursuant to § 16.1-278.5, the probation officer, court-appointed special advocate, or other agency conducting such investigation shall file such report with the clerk of the court directing the investigation. The clerk shall furnish a copy of such report to all attorneys representing parties in the matter before the court no later than 72 hours, and in cases of child custody, 15 days, prior to the time set by the court for hearing the matter. If such probation officer or other agency discovers additional information or a change in circumstance after the filing of the report, an amended report shall be filed forthwith and a copy sent to each person who received a copy of the original report. Whenever such a report is not filed or an amended report is filed, the court shall grant such continuance of the proceedings as justice requires. All attorneys receiving such report or amended report shall return such to the clerk upon the conclusion of the hearing and shall not make copies of such report or amended report or any portion thereof. However, the chief judge of each juvenile and domestic relations district court may provide for an alternative means of copying and distributing reports or amended reports filed pursuant to § 9.1-153.
B. Notwithstanding the provisions of §§ 16.1-69.48:2 and
17.1-275, when the court directs the appropriate local department of social
services to conduct supervised visitation parenting time or
directs the appropriate local department of social services or court services
unit to conduct an investigation pursuant to § 16.1-273 or to provide mediation
services in matters involving a child's custody, visitation parenting
time, or support, the court shall assess a fee against the petitioner, the
respondent, or both, in accordance with fee schedules established by the
appropriate local board of social services when the service is provided by a
local department of social services or by a court services unit. The fee
schedules shall include (i) standards for determining the paying party's or
parties' ability to pay and (ii) a scale of fees based on the paying party's or
parties' income and family size and the actual cost of the services provided.
The fee charged shall not exceed the actual cost of the service. The fee shall
be assessed as a cost of the case and shall be paid 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 and medium for payment for such services shall be
determined by the local department of social services, Department of Juvenile
Justice, or the locally operated court services unit that provided the
services.
C. When a local department of social services or any court
services unit is requested by another local department or court services unit
in the Commonwealth or by a similar department or entity in another state to
conduct an investigation involving a child's custody, visitation
parenting time, or support pursuant to § 16.1-273 or, in the case of a
request from another state pursuant to a provision corresponding to § 16.1-273,
or to provide mediation services, or for a local department of social services
to provide supervised visitation parenting time, the local
department or the court services unit performing the service may require
payment of fees prior to conducting the investigation or providing mediation
services or supervised visitation parenting time.
§ 16.1-278.15. Custody or parenting time, child or spousal support generally.
A. In cases involving the custody, visitation
parenting time, or support of a child pursuant to subdivision A 3 of §
16.1-241, the court may make any order of disposition to protect the welfare of
the child and family as may be made by the circuit court. The parties to any
petition where a child whose custody, visitation parenting time,
or support is contested shall show proof that they have attended within the 12
months prior to their court appearance or that they shall attend within 45 days
thereafter an educational seminar or other like program conducted by a
qualified person or organization approved by the court. The court may require
the parties to attend such seminar or program in uncontested cases only if the
court finds good cause. The seminar or other program shall be a minimum of four
hours in length and shall address the effects of separation or divorce on
children, parenting responsibilities, options for conflict resolution and
financial responsibilities. Once a party has completed one educational seminar
or other like program, the required completion of additional programs shall be
at the court's discretion. Parties under this section shall include natural or
adoptive parents of the child, or any person with a legitimate interest as
defined in § 20-124.1. The fee charged a party for participation in such
program shall be based on the party's ability to pay; however, no fee in excess
of $50 may be charged. Whenever possible, before participating in mediation or
alternative dispute resolution to address custody, visitation
parenting time, or support, each party shall have attended the educational
seminar or other like program. The court may grant an exemption from attendance
of such program for good cause shown or if there is no program reasonably
available. Other than statements or admissions by a party admitting criminal
activity or child abuse or neglect, no statement or admission by a party in
such seminar or program shall be admissible into evidence in any subsequent
proceeding. If support is ordered for a child, the order shall also provide
that support will continue to be paid for a child over the age of 18 who is (i)
a full-time high school student, (ii) not self-supporting, and (iii) living in
the home of the parent seeking or receiving child support, until the child
reaches the age of 19 or graduates from high school, whichever occurs first.
The court may also order that support be paid or continue to be paid for any
child over the age of 18 who is (a) severely and permanently mentally or
physically disabled, and such disability existed prior to the child reaching
the age of 18 or the age of 19 if the child met the requirements of clauses
(i), (ii), and (iii); (b) unable to live independently and support himself; and
(c) residing in the home of the parent seeking or receiving child support.
B. In any case involving the custody or visitation
parenting time of a child, the court may award custody upon petition to any
party with a legitimate interest therein, including, but not limited to,
grandparents, stepparents, former stepparents, blood relatives and family
members. The term "legitimate interest" shall be broadly construed to
accommodate the best interest of the child. The authority of the juvenile court
to consider a petition involving the custody of a child shall not be proscribed
or limited where the custody of the child has previously been awarded to a
local board of social services.
C. In any determination of support obligation under this section, the support obligation as it becomes due and unpaid creates a judgment by operation of law. Such judgment becomes a lien against real estate only when docketed in the county or city where such real estate is located. Nothing herein shall be construed to alter or amend the process of attachment of any lien on personal property.
D. Orders entered prior to July 1, 2008, shall not be deemed void or voidable solely because the petition or motion that resulted in the order was completed, signed and filed by a nonattorney employee of the Department of Social Services.
E. In cases involving charges for desertion, abandonment or failure to provide support by any person in violation of law, disposition shall be made in accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.
F. In cases involving a spouse who seeks spousal support after having separated from his spouse, the court may enter any appropriate order to protect the welfare of the spouse seeking support.
G. In any case or proceeding involving the custody or
visitation parenting time of a child, the court shall consider the
best interest of the child, including the considerations for determining
custody and visitation parenting time set forth in Chapter 6.1 (§
20-124.1 et seq.) of Title 20.
H. In any proceeding before the court for custody or
visitation parenting time of a child, the court may order a custody
or a psychological evaluation of any parent, guardian, legal custodian or
person standing in loco parentis to the child, if the court finds such
evaluation would assist it in its determination. The court may enter such
orders as it deems appropriate for the payment of the costs of the evaluation
by the parties.
I. When deemed appropriate by the court in any custody or
visitation parenting time matter, the court may order drug testing
of any parent, guardian, legal custodian or person standing in loco parentis to
the child. The court may enter such orders as it deems appropriate for the
payment of the costs of the testing by the parties.
§ 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment.
In cases involving (i) the custody, visitation
parenting time, or support of a child arising under subdivision A 3 of §
16.1-241, (ii) spousal support arising under subsection L of § 16.1-241, (iii)
support, maintenance, care, and custody of a child or support and maintenance
of a spouse transferred to the juvenile and domestic relations district court
pursuant to § 20-79, or (iv) motions to enforce administrative support orders
entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, when the
court finds that the respondent (i) (a) has failed to perform or
comply with a court order concerning the custody and visitation
parenting time of a child or a court or administrative order concerning the
support and maintenance of a child or a court order concerning the support and
maintenance of a spouse or (ii) (b) under existing circumstances,
is under a duty to render support or additional support to a child or pay the
support and maintenance of a spouse, the court may order a payroll deduction as
provided in § 20-79.1, or the giving of a recognizance as provided in § 20-114.
If the court finds that the respondent has failed to perform or comply with
such order, and personal or substitute service has been obtained, the court may
issue a civil show cause summons or a capias pursuant to this section. The
court also may order the commitment of the person as provided in § 20-115 or
the court may, in its discretion, impose a sentence of up to 12 months in jail,
notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458, relating to
punishment for contempt. If the court finds that an employer, who is under a
payroll deduction order pursuant to § 20-79.1, has failed to comply with such
order after being given a reasonable opportunity to show cause why he failed to
comply with such order, then the court may proceed to impose sanctions on the
employer pursuant to subdivision A 9 of § 20-79.3.
§ 16.1-278.17. Pendente lite support.
In cases involving (i) the custody, visitation
parenting time, or support of a child arising under subdivision A 3 of §
16.1-241, (ii) spousal support arising under subsection L of § 16.1-241, or
(iii) support, maintenance, care, and custody of a child or support and
maintenance of a spouse transferred to the juvenile and domestic relations
district court pursuant to § 20-79, the court may enter support orders in
pendente lite proceedings, provided such proceedings are not ex parte.
§ 16.1-279.1. Protective order in cases of family abuse.
A. In cases of family abuse, including any case involving an incarcerated or recently incarcerated respondent against whom a preliminary protective order has been issued pursuant to § 16.1-253.1, the court may issue a protective order to protect the health and safety of the petitioner and family or household members of the petitioner. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting acts of family abuse or criminal offenses that result in injury to person or property;
2. Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons;
3. Granting the petitioner possession of the residence occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property;
4. Enjoining the respondent from terminating any necessary utility service to the residence to which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to that residence;
5. Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent and enjoining the respondent from terminating any insurance, registration, or taxes on the motor vehicle and directing the respondent to maintain the insurance, registration, and taxes, as appropriate; however, no such grant of possession or use shall affect title to the vehicle;
6. Requiring that the respondent provide suitable alternative housing for the petitioner and, if appropriate, any other family or household member and where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided;
7. Ordering the respondent to participate in treatment, counseling or other programs as the court deems appropriate;
8. Granting the petitioner the possession of any companion animal as defined in § 3.2-6500 if such petitioner meets the definition of owner in § 3.2-6500; and
9. Any other relief necessary for the protection of the
petitioner and family or household members of the petitioner, including a
provision for temporary custody or visitation parenting time of a
minor child.
A1. If a protective order is issued pursuant to subsection A, the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such order shall terminate upon the determination of support pursuant to § 20-108.1.
B. The protective order may be issued for a specified period of time up to a maximum of two years. The protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. Prior to the expiration of the protective order, a petitioner may file a written motion requesting a hearing to extend the order. Proceedings to extend a protective order shall be given precedence on the docket of the court. If the petitioner was a member of the respondent's family or household at the time the initial protective order was issued, the court may extend the protective order for a period not longer than two years to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made. The extension of the protective order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the two-year period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued.
C. A copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible. The court, including a circuit court if the circuit court issued the order, shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court and shall forthwith forward the attested copy of the protective order containing any such identifying information to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith upon the respondent and due return made to the court. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court.
D. Except as otherwise provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.
E. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.
F. Any judgment, order or decree, whether permanent or temporary, issued by a court of appropriate jurisdiction in another state, the United States or any of its territories, possessions or Commonwealths, the District of Columbia or by any tribal court of appropriate jurisdiction for the purpose of preventing violent or threatening acts or harassment against or contact or communication with or physical proximity to another person, including any of the conditions specified in subsection A, shall be accorded full faith and credit and enforced in the Commonwealth as if it were an order of the Commonwealth, provided reasonable notice and opportunity to be heard were given by the issuing jurisdiction to the person against whom the order is sought to be enforced sufficient to protect such person's due process rights and consistent with federal law. A person entitled to protection under such a foreign order may file the order in any juvenile and domestic relations district court by filing with the court an attested or exemplified copy of the order. Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where practical, the court may transfer information electronically to the Virginia Criminal Information Network.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
G. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to dissolve or modify a protective order shall be given precedence on the docket of the court.
H. As used in this section:
"Copy" includes a facsimile copy; and
"Protective order" includes an initial, modified or extended protective order.
I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
J. No fee shall be charged for filing or serving any petition or order pursuant to this section.
§ 16.1-281. Foster care plan.
A. In any case in which (i) a local board of social services places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardian, or (ii) legal custody of a child is given to a local board of social services or a child welfare agency, the local department of social services or child welfare agency shall prepare a foster care plan for such child, as described hereinafter. The individual family service plan developed by the family assessment and planning team pursuant to § 2.2-5208 may be accepted by the court as the foster care plan if it meets the requirements of this section.
The representatives of such department or agency shall involve the child's parent(s) in the development of the plan, except when parental rights have been terminated or the local department of social services or child welfare agency has made diligent efforts to locate the parent(s) and such parent(s) cannot be located, and any other person or persons standing in loco parentis at the time the board or child welfare agency obtained custody or the board placed the child. The representatives of such department or agency shall involve the child in the development of the plan, if such involvement is consistent with the best interests of the child. In cases where either the parent(s) or child is not involved in the development of the plan, the department or agency shall include in the plan a full description of the reasons therefor.
The department or child welfare agency shall file the plan with the juvenile and domestic relations district court within 45 days following the transfer of custody or the board's placement of the child unless the court, for good cause shown, allows an extension of time, which shall not exceed an additional 60 days. However, a foster care plan shall be filed in accordance with the provisions of § 16.1-277.01 with a petition for approval of an entrustment agreement. A foster care plan need not be prepared if the child is returned to his prior family or placed in an adoptive home within 45 days following transfer of custody to the board or agency or the board's placement of the child.
B. The foster care plan shall describe in writing (i) the
programs, care, services and other support which will be offered to the child
and his parents and other prior custodians; (ii) the participation and conduct
which will be sought from the child's parents and other prior custodians; (iii)
the visitation parenting time and other contacts which
that will be permitted between the child and his parents and other prior
custodians, and between the child and his siblings; (iv) the nature of
the placement or placements which will be provided for the child; (v) for
school-age children, the school placement of the child; and (vi) for children
14 years of age and older, the child's needs and goals in the areas of
counseling, education, housing, employment, and money management skills development,
along with specific independent living services that will be provided to the
child to help him reach these goals. In cases in which a foster care plan
approved prior to July 1, 2011, identifies independent living as the goal for
the child, and in cases involving children admitted to the United States as
refugees or asylees who are 16 years of age or older and for whom the goal is
independent living, the plan shall also describe the programs and services
which will help the child prepare for the transition from foster care to
independent living. If consistent with the child's health and safety, the plan
shall be designed to support reasonable efforts which lead to the return of the
child to his parents or other prior custodians within the shortest practicable
time which shall be specified in the plan. The child's health and safety shall
be the paramount concern of the court and the agency throughout the placement,
case planning, service provision and review process.
If the department or child welfare agency concludes that it is not reasonably likely that the child can be returned to his prior family within a practicable time, consistent with the best interests of the child, the department, child welfare agency or team shall (a) include a full description of the reasons for this conclusion; (b) provide information on the opportunities for placing the child with a relative or in an adoptive home; (c) design the plan to lead to the child's successful placement with a relative if a subsequent transfer of custody to the relative is planned, or in an adoptive home within the shortest practicable time, and if neither of such placements is feasible; (d) explain why permanent foster care is the plan for the child or independent living is the plan for the child in cases involving children admitted to the United States as refugees or asylees who are 16 years of age or older and for whom the goal is independent living.
"Independent living" as used in this section has the meaning set forth in § 63.2-100.
The local board or other child welfare agency having custody of the child shall not be required by the court to make reasonable efforts to reunite the child with a parent if the court finds that (1) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (2) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred or the other parent of the child; (3) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (4) based on clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances which would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.
As used in this section:
"Aggravated circumstances" means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life, or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts of physical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omission that occurred only once, but otherwise meets the definition of "aggravated circumstances."
Within 30 days of making a determination that reasonable efforts to reunite the child with the parents are not required, the court shall hold a permanency planning hearing pursuant to § 16.1-282.1.
C. A copy of the entire foster care plan shall be sent by the court to the child, if he is 12 years of age or older; the guardian ad litem for the child, the attorney for the child's parents or for any other person standing in loco parentis at the time the board or child welfare agency obtained custody or the board placed the child, to the parents or other person standing in loco parentis, and such other persons as appear to the court to have a proper interest in the plan. However, a copy of the plan shall not be sent to a parent whose parental rights regarding the child have been terminated. A copy of the plan shall be sent by the court to the foster parents. A hearing shall be held for the purpose of reviewing and approving the foster care plan. The hearing shall be held within 60 days of (i) the child's initial foster care placement, if the child was placed through an agreement between the parents or guardians and the local department of social services or a child welfare agency; (ii) the original preliminary removal order hearing, if the child was placed in foster care pursuant to § 16.1-252; (iii) the hearing on the petition for relief of custody, if the child was placed in foster care pursuant to § 16.1-277.02; or (iv) the dispositional hearing at which the child was placed in foster care and an order was entered pursuant to § 16.1-278.2, 16.1-278.3, 16.1-278.4, 16.1-278.5, 16.1-278.6, or 16.1-278.8. However, the hearing shall be held in accordance with the provisions of § 16.1-277.01 with a petition for approval of an entrustment agreement. If the judge makes any revision in any part of the foster care plan, a copy of the changes shall be sent by the court to all persons who received a copy of the original of that part of the plan.
C1. Any order transferring custody of the child to a relative other than the child's prior family shall be entered only upon a finding, based upon a preponderance of the evidence, that the relative is one who, after an investigation as directed by the court, (i) is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court's order transferring custody to a relative should further provide for, as appropriate, any terms or conditions which would promote the child's interest and welfare; ongoing provision of social services to the child and the child's custodian; and court review of the child's placement.
C2. Any order entered at the conclusion of the hearing that has the effect of achieving a permanent goal for 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 in permanent foster care pursuant to clause (iv) of subsection A of § 16.1-282.1; or, in cases in which independent living was identified as the goal for a child in a foster care plan approved prior to July 1, 2011, or in which a child has been admitted to the United States as a refugee or asylee and is over 16 years of age and independent living has been identified as the permanency goal for the child, by directing the board or agency to provide the child with services to achieve independent living status, if the child has attained the age of 16 years, pursuant to clause (v) of subsection A of § 16.1-282.1 shall state whether reasonable efforts have been made to place the child in a timely manner in accordance with the foster care plan and to complete the steps necessary to finalize the permanent placement of the child.
D. The court in which the foster care plan is filed shall be notified immediately if the child is returned to his parents or other persons standing in loco parentis at the time the board or agency obtained custody or the board placed the child.
E. At the conclusion of the hearing at which the initial foster care plan is reviewed, the court shall schedule a foster care review hearing to be held within four months in accordance with § 16.1-282. However, if an order is entered pursuant to subsection C2, the court shall schedule a foster care review hearing to be held within 12 months of the entry of such order in accordance with the provisions of § 16.1-282.2. Parties who are present at the hearing at which the initial foster care plan is reviewed shall be given notice of the date set for the foster care review hearing and parties who are not present shall be summoned as provided in § 16.1-263.
F. Nothing in this section shall limit the authority of the juvenile judge or the staff of the juvenile court, upon order of the judge, to review the status of children in the custody of local boards of social services or placed by local boards of social services on its own motion. The court shall appoint an attorney to act as guardian ad litem to represent the child any time a hearing is held to review the foster care plan filed for the child or to review the child's status in foster care.
§ 16.1-296.2. Appeals of certain custody and parenting time proceedings.
A. In any matter in which a filing fee either was or could have been assessed pursuant to § 16.1-69.48:5, no appeal shall be allowed unless and until the party applying for appeal shall, within 10 days from the entry of the final judgment or order, either (i) pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal is taken and all other applicable costs or (ii) file with the clerk of the court from which the appeal is taken a petition to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. The judge or clerk of any court from which the appeal is taken shall promptly transmit to the clerk of the appellate court the original pleadings, together with all exhibits and other papers filed in the trial of the case, and either (i) the writ tax and costs paid or (ii) a petition filed to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed.
B. Notwithstanding any other provision of law, the writ tax of
the court to which the appeal is taken and other applicable costs shall be
assessed only once for all custody and visitation parenting time
petitions simultaneously appealed by a single appellant.
§ 16.1-298. Effect of petition for or pendency of appeal; bail.
A. Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or decree of the juvenile court nor operate to discharge any child concerned or involved in the case from the custody of the court or other person, institution or agency to which the child has been committed unless so ordered by the judge of the juvenile court, the judge of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court or a judge or justice thereof.
B. The judgment, order or decree of the juvenile court shall be suspended upon a petition for or the pendency of an appeal or writ of error:
1. In cases of delinquency in which the final order of the juvenile court is pursuant to subdivision 8, 9, 10, 12, 14, or 15 of § 16.1-278.8.
2. In cases involving a child and any local ordinance.
3. In cases involving any person over the age of 18 years.
Such suspension as is provided for in this subsection shall
not apply to (i) an order for support of a spouse, parent or child or to a
preliminary protective order issued pursuant to § 16.1-253, (ii) an order
disposing of a motion to reconsider relating to participation in continuing
programs pursuant to § 16.1-289.1, (iii) a protective order in cases of family
abuse issued pursuant to § 16.1-279.1, including a protective order required by
§ 16.1-253.2, or a protective order entered in conjunction with a disposition
pursuant to § 16.1-278.2, 16.1-278.4, 16.1-278.5, 16.1-278.6, 16.1-278.8, or
16.1-278.14, (iv) a protective order issued pursuant to § 19.2-152.10,
including a protective order required by § 18.2-60.4, or (v) an order
pertaining to the custody, visitation parenting time, or
placement of a minor child, unless so ordered by the judge of a circuit court
or directed in a writ of supersedeas by the Court of Appeals or the Supreme
Court.
C. In cases where the order of the juvenile court is suspended pursuant to subsection B hereof or by order of the juvenile court or the circuit court, bail may be required as provided for in § 16.1-135.
D. If an appeal to the circuit court is withdrawn in accordance with § 16.1-106.1, the judgment, order, or decree rendered by the juvenile court shall have the same legal effect as if no appeal had been noted, except as to the disposition of any bond in circuit court or as modified by the circuit court pursuant to subsection F of § 16.1-106.1. If an appeal is withdrawn, any court-appointed counsel or court-appointed guardian ad litem shall, absent further order of the court, be relieved of any further obligation respecting the matter for which they were appointed.
E. Except as to matters pending on the docket of a circuit court as of July 1, 2008, all orders that were entered by a juvenile and domestic relations district court prior to July 1, 2008, and appealed to a circuit court, where the appeal was withdrawn, shall have the same effect as if no appeal had been noted.
§ 17.1-272. Process and service fees generally.
A. The fee for process and service in the following instances shall be $12:
1. Service on any person, firm or corporation, an order, notice, summons or any other civil process, except as herein otherwise provided, and for service on any person, firm, or corporation any process when the body is not taken and making a return thereof, except that no fee shall be charged for service pursuant to § 2.2-4022.
2. Summoning a witness or garnishee on an attachment.
3. Service on any person of an attachment or other process under which the body is taken and making a return thereon.
4. Service of any order of court not otherwise provided for, except that no fees shall be charged for protective orders issued pursuant to Chapter 11 (§ 16.1-226 et seq.) of Title 16.1.
5. Making a return of a writ of fieri facias where no levy is made or forthcoming bond is taken.
6. Summoning a witness in any case in which custody or
visitation parenting time of a minor child or children is at issue.
B. The fees for process and service in the following instances shall be $25:
1. Service and publication of any notice of a publicly-advertised public sale.
2. Service of a writ of possession, except that there shall be an additional fee of $12 for each additional defendant.
3. Levying upon current money, bank notes, goods or chattels of a judgment debtor pursuant to § 8.01-478.
4. Service of a declaration in ejectment on any person, firm or corporation, except that there shall be an additional fee of $12 for each additional defendant.
5. Levying distress warrant or an attachment.
6. Levying an execution.
C. The process and service fee for serving any papers returnable out of state shall be $75, except no fees shall be charged for the service of papers in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protective order or a petition for a protective order. A victim of domestic violence, stalking, or sexual assault shall not bear the costs associated with the filing of criminal charges against the offender, and no victim shall bear the costs associated with the filing, issuance, registration, or service of a warrant, protective order, petition for a protective order, or witness subpoena, issued inside or outside the Commonwealth.
D. The fees set out in this section shall be allowable for services provided by such officers in the circuit and district courts.
§ 18.2-49.1. Violation of court order regarding custody and parenting time; penalty.
A. Any person who knowingly, wrongfully and intentionally
withholds a child from either of a child's parents or other legal guardian in a
clear and significant violation of a court order respecting the custody or
visitation parenting time of such child, provided such child is
withheld outside of the Commonwealth, is guilty of a Class 6 felony.
B. Any person who knowingly, wrongfully and intentionally
engages in conduct that constitutes a clear and significant violation of a
court order respecting the custody or visitation parenting time
of a child is guilty of a Class 3 misdemeanor upon conviction of a first
offense. Any person who commits a second violation of this section within 12
months of a first conviction is guilty of a Class 2 misdemeanor, and any person
who commits a third violation occurring within 24 months of the first
conviction is guilty of a Class 1 misdemeanor.
§ 18.2-271.1. Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law.
A. Any person convicted of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, shall be required by court order, as a condition of probation or otherwise, to enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program which is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. However, any person charged with a violation of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, may, at any time prior to trial, enter into an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district. Any person who enters into such program prior to trial may pre-qualify with the program to have an ignition interlock system installed on any motor vehicle owned or operated by him. However, no ignition interlock company shall install an ignition interlock system on any such vehicle until a court issues to the person a restricted license with the ignition interlock restriction.
B. The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.
C. Upon conviction of a violation of § 18.2-266 or any ordinance of a county, city or town similar to the provisions thereof, or subsection A of § 46.2-341.24, the court shall impose the sentence authorized by § 18.2-270 or 46.2-341.28 and the license revocation as authorized by § 18.2-271. In addition, if the conviction was for a second offense committed within less than 10 years after a first such offense, the court shall order that restoration of the person's license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of six months beginning at the end of the three year license revocation, unless such a system has already been installed for six months prior to that time pursuant to a restricted license order under subsection E of this section. Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue an order in accordance with subsection E of this section, if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation provisions of § 46.2-389 and subsection A of § 46.2-391 shall be applicable to the conviction. The court shall, upon final disposition of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles, upon receipt thereof, shall issue a restricted license. Appeals from any such disposition shall be allowed as provided by law. The time within which an appeal may be taken shall be calculated from the date of the final disposition of the case or any motion for rehearing, whichever is later.
D. Any person who has been convicted under the law of another state or the United States of an offense substantially similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a motor vehicle in this Commonwealth is subject to revocation under the provisions of § 46.2-389 and subsection A of § 46.2-391, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection A of this section and that, upon entry into such program, he be issued an order in accordance with subsection E of this section. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266 or subsection A of § 46.2-341.24, the court may grant the petition and may issue an order in accordance with subsection E of this section as to the period of license suspension or revocation imposed pursuant to § 46.2-389 or subsection A of § 46.2-391. The court shall, as a condition of a restricted license, prohibit such person from operating a motor vehicle that is not equipped with a functioning certified ignition interlock system for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of interlock requirements. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person's license in accordance with the provisions of § 46.2-389 or subsection A of § 46.2-391. A copy of the order granting the petition or subsequently revoking or suspending such person's license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles.
No period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense under the law of another state or the United States, results in such person's license being suspended for a period in excess of the maximum periods specified in this subsection.
E. Except as otherwise provided herein, whenever a person
enters a certified program pursuant to this section, and such person's license
to operate a motor vehicle, engine or train in the Commonwealth has been
suspended or revoked, the court may, in its discretion and for good cause
shown, provide that such person be issued a restricted permit to operate a
motor vehicle for any of the following purposes: (i) travel to and from his
place of employment; (ii) travel to and from an alcohol rehabilitation or
safety action program; (iii) travel during the hours of such person's
employment if the operation of a motor vehicle is a necessary incident of such
employment; (iv) travel to and from school if such person is a student, upon
proper written verification to the court that such person is enrolled in a
continuing program of education; (v) travel for health care services, including
medically necessary transportation of an elderly parent or, as designated by
the court, any person residing in the person's household with a serious medical
problem upon written verification of need by a licensed health professional;
(vi) travel necessary to transport a minor child under the care of such person
to and from school, day care, and facilities housing medical service providers;
(vii) travel to and from court-ordered visitation parenting time
with a child of such person; (viii) travel to a screening, evaluation and
education program entered pursuant to § 18.2-251 or subsection H of §
18.2-258.1; (ix) travel to and from court appearances in which he is a
subpoenaed witness or a party and appointments with his probation officer and
to and from any programs required by the court or as a condition of probation;
(x) travel to and from a place of religious worship one day per week at a
specified time and place; (xi) travel to and from appointments approved by the
Division of Child Support Enforcement of the Department of Social Services as a
requirement of participation in an administrative or court-ordered intensive
case monitoring program for child support for which the participant maintains
written proof of the appointment, including written proof of the date and time
of the appointment, on his person; (xii) travel to and from jail to serve a
sentence when such person has been convicted and sentenced to confinement in
jail and pursuant to § 53.1-131.1 the time to be served is on weekends or
nonconsecutive days; or (xiii) travel to and from the facility that installed
or monitors the ignition interlock in the person's vehicle. No restricted
license issued pursuant to this subsection shall permit any person to operate a
commercial motor vehicle as defined in the Virginia Commercial Driver's License
Act (§ 46.2-341.1 et seq.). The court shall order the surrender of such
person's license to operate a motor vehicle to be disposed of in accordance
with the provisions of § 46.2-398 and shall forward to the Commissioner of the
Department of Motor Vehicles a copy of its order entered pursuant to this
subsection, which shall specifically enumerate the restrictions imposed and
contain such information regarding the person to whom such a permit is issued
as is reasonably necessary to identify such person. The court shall also
provide a copy of its order to the person so convicted who may operate a motor
vehicle on the order until receipt from the Commissioner of the Department of
Motor Vehicles of a restricted license, if the order provides for a restricted
license for that time period. A copy of such order and, after receipt thereof,
the restricted license shall be carried at all times while operating a motor
vehicle. Any person who operates a motor vehicle in violation of any
restrictions imposed pursuant to this section shall be guilty of a violation of
§ 18.2-272. Such restricted license shall be conditioned upon enrollment within
15 days in, and successful completion of, a program as described in subsection
A of this section. No restricted license shall be issued during the first four
months of a revocation imposed pursuant to subsection B of § 18.2-271 or
subsection A of § 46.2-391 for a second offense of the type described therein
committed within 10 years of a first such offense. No restricted license shall
be issued during the first year of a revocation imposed pursuant to subsection
B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type
described therein committed within five years of a first such offense. No
restricted license shall be issued during any revocation period imposed
pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391.
Notwithstanding the provisions of § 46.2-411, the fee charged pursuant to §
46.2-411 for reinstatement of the driver's license of any person whose
privilege or license has been suspended or revoked as a result of a violation
of § 18.2-266, subsection A of § 46.2-341.24 or of any ordinance of a county,
city or town, or of any federal law or the laws of any other state similar to
the provisions of § 18.2-266 or subsection A of § 46.2-341.24 shall be $105.
Forty dollars of such reinstatement fee shall be retained by the Department of
Motor Vehicles as provided in § 46.2-411, $40 shall be transferred to the
Commission on VASAP, and $25 shall be transferred to the Commonwealth
Neurotrauma Initiative Trust Fund.
F. The court shall have jurisdiction over any person entering such program under any provision of this section until such time as the case has been disposed of by either successful completion of the program, or revocation due to ineligibility or violation of a condition or conditions imposed by the court, whichever shall first occur. Revocation proceedings shall be commenced by notice to show cause why the court should not revoke the privilege afforded by this section. Such notice shall be made by first-class mail to the last known address of such person, and shall direct such person to appear before the court in response thereto on a date contained in such notice, which shall not be less than 10 days from the date of mailing of the notice. Failure to appear in response to such notice shall of itself be grounds for revocation of such privilege. Notice of revocation under this subsection shall be sent forthwith to the Commissioner of the Department of Motor Vehicles.
G. For the purposes of this section, any court which has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 shall have continuing jurisdiction over such person during any period of license revocation related to that conviction, for the limited purposes of (i) referring such person to a certified alcohol safety action program, (ii) providing for a restricted permit for such person in accordance with the provisions of subsection E, and (iii) imposing terms, conditions and limitations for actions taken pursuant to clauses (i) and (ii), whether or not it took either such action at the time of the conviction. This continuing jurisdiction is subject to the limitations of subsection E that provide that no restricted license shall be issued during a revocation imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391 or during the first four months or first year, whichever is applicable, of the revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391. The provisions of this subsection shall apply to a person convicted of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 on, after and at any time prior to July 1, 2003.
H. The State Treasurer, the Commission on VASAP or any city or county is authorized to accept any gifts or bequests of money or property, and any grant, loan, service, payment or property from any source, including the federal government, for the purpose of driver alcohol education. Any such gifts, bequests, grants, loans or payments shall be deposited in the separate fund provided in subsection B.
I. The Commission on VASAP, or any county, city, town, or any combination thereof may establish and, if established, shall operate, in accordance with the standards and criteria required by this subsection, alcohol safety action programs in connection with highway safety. Each such program shall operate under the direction of a local independent policy board chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Local sitting or retired district court judges who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs may serve on such boards. The Commission on VASAP shall establish minimum standards and criteria for the implementation and operation of such programs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for public information activities, for accounting procedures, for the auditing requirements of such programs and for the allocation of funds. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission on VASAP to offset the costs of state programs and local programs run in conjunction with any county, city or town and costs incurred by the Commission. The Commission shall submit an annual report as to actions taken at the close of each calendar year to the Governor and the General Assembly.
J. Notwithstanding any other provisions of this section or of § 18.2-271, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).
§ 20-49.8. Judgment or order; costs; birth record.
A. A judgment or order establishing parentage may include any
provision directed against the appropriate party to the proceeding, concerning
the duty of support, including an equitable apportionment of the expenses
incurred on behalf of the child from the date the proceeding under this chapter
was filed with the court against the alleged parent or, if earlier, the date an
order of the Department of Social Services entered pursuant to Title 63.2 and
directing payment of support was delivered to the sheriff or process server for
service upon the obligor. The judgment or order may be in favor of the natural
parent or any other person or agency who incurred such expenses provided the
complainant exercised due diligence in the service of the respondent. The
judgment or order may also include provisions for the custody and guardianship
of the child, visitation parenting time privileges with the
child, or any other matter in the best interest of the child. In circumstances
where the parent is outside the jurisdiction of the court, the court may enter
a further order requiring the furnishing of bond or other security for the
payment required by the judgment or order. The judgment or order may direct
either party to pay the reasonable and necessary unpaid expenses of the
mother's pregnancy and delivery or equitably apportion the unpaid expenses
between the parties. However, when the Commonwealth, through the Medicaid
program, has paid such expenses, the court may order reimbursement to the
Commonwealth for such expenses.
B. A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection A.
C. For each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261. When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency.
§ 20-88.34. Remedies cumulative.
A. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
B. This chapter does not provide the exclusive method of
establishing or enforcing a support order under the law of the Commonwealth or
grant a tribunal of the Commonwealth jurisdiction to render judgment or issue
an order relating to child custody or visitation parenting time
in a proceeding under this chapter.
§ 20-88.48. Duties and powers of responding tribunal.
A. When a responding tribunal of the Commonwealth receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection B of § 20-88.44, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. An order for spousal support only shall be forwarded to the appropriate juvenile and domestic relations court.
B. A responding tribunal of the Commonwealth, to the extent not prohibited by other law, may do one or more of the following:
1. Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
2. Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
3. Order income withholding;
4. Determine the amount of any arrearages, and specify a method of payment;
5. Enforce orders by civil or criminal contempt, or both;
6. Set aside property for satisfaction of the support order;
7. Place liens and order execution on the obligor's property;
8. Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
9. Issue a capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the capias in any local and state computer systems for criminal warrants;
10. Order the obligor to seek appropriate employment by specified methods;
11. Award reasonable attorney's fees and other fees and costs; and
12. Grant any other available remedy.
C. A responding tribunal of the Commonwealth shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
D. A responding tribunal of the Commonwealth may not condition
the payment of a support order issued under this chapter upon compliance by a
party with provisions for visitation parenting time.
E. If a responding tribunal of the Commonwealth issues an order under this chapter, the tribunal shall promptly send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
F. If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of the Commonwealth shall convert the amount stated in the foreign currency to the equivalent amount in U.S. dollars under the applicable official or market exchange rate as publicly reported.
§ 20-103. Court may make orders pending suit for divorce, custody or parenting time, etc.
A. In suits for divorce, annulment and separate maintenance,
and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241,
the court having jurisdiction of the matter may, at any time pending a suit
pursuant to this chapter, in the discretion of such court, make any order that
may be proper (i) to compel a spouse to pay any sums necessary for the
maintenance and support of the petitioning spouse, including (a) an order that
the other spouse provide health care coverage for the petitioning spouse,
unless it is shown that such coverage cannot be obtained, or (b) an order that
a party pay secured or unsecured debts incurred jointly or by either party,
(ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse
from imposing any restraint on the personal liberty of the other spouse, (iv)
to provide for the custody and maintenance of the minor children of the
parties, including an order that either party or both parties provide health
care coverage or cash medical support, or both, for the children, (v) to
provide support, calculated in accordance with § 20-108.2, for any child of the
parties to whom a duty of support is owed and to pay or continue to pay support
for any child over the age of 18 who meets the requirements set forth in
subsection C of § 20-124.2, (vi) for the exclusive use and possession of the
family residence during the pendency of the suit, (vii) to preserve the estate
of either spouse, so that it be forthcoming to meet any decree which may be
made in the suit, (viii) to compel either spouse to give security to abide such
decree, or (ix)(a) to compel a party to maintain any existing policy owned by
that party insuring the life of either party or to require a party to name as a
beneficiary of the policy the other party or an appropriate person for the
exclusive use and benefit of the minor children of the parties and (b) to
allocate the premium cost of such life insurance between the parties, provided
that all premiums are billed to the policyholder. Nothing in clause (ix) shall
be construed to create an independent cause of action on the part of any
beneficiary against the insurer or to require an insurer to provide information
relating to such policy to any person other than the policyholder without the
written consent of the policyholder. The parties to any petition where a child
whose custody, visitation parenting time, or support is contested
shall show proof that they have attended within the 12 months prior to their
court appearance or that they shall attend within 45 days thereafter an
educational seminar or other like program conducted by a qualified person or
organization approved by the court except that the court may require the
parties to attend such seminar or program in uncontested cases only if the
court finds good cause. The seminar or other program shall be a minimum of four
hours in length and shall address the effects of separation or divorce on
children, parenting responsibilities, options for conflict resolution and
financial responsibilities. Once a party has completed one educational seminar
or other like program, the required completion of additional programs shall be
at the court's discretion. Parties under this section shall include natural or
adoptive parents of the child, or any person with a legitimate interest as
defined in § 20-124.1. The fee charged a party for participation in such
program shall be based on the party's ability to pay; however, no fee in excess
of $50 may be charged. Whenever possible, before participating in mediation or
alternative dispute resolution to address custody, visitation
parenting time, or support, each party shall have attended the educational
seminar or other like program. The court may grant an exemption from attendance
of such program for good cause shown or if there is no program reasonably
available. Other than statements or admissions by a party admitting criminal
activity or child abuse, no statement or admission by a party in such seminar
or program shall be admissible into evidence in any subsequent proceeding.
B. In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party's family or household member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party's family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk's office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.
C. In cases other than those for divorce in which a custody or
visitation parenting time arrangement for a minor child is sought,
the court may enter an order providing for custody, visitation
parenting time, or maintenance pending the suit as provided in subsection
A. The order shall be directed to either parent or any person with a legitimate
interest who is a party to the suit.
D. Orders entered pursuant to this section which provide for custody
or visitation parenting time arrangements pending the suit shall
be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et
seq.). Orders entered pursuant to subsection B shall be certified by the clerk
and forwarded as soon as possible to the local police department or sheriff's
office which shall, on the date of receipt, enter the name of the person
subject to the order and other appropriate information required by the
Department of State Police into the Virginia crime information network system
established and maintained by the Department of State Police pursuant to
Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or
modified, a copy of the dissolution or modification shall also be certified,
forwarded and entered in the system as described above.
E. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause.
§ 20-107.2. Court may decree as to custody and support of children.
Upon entry of a decree providing (i) for the dissolution of a
marriage, (ii) for a divorce, whether from the bond of matrimony or from bed
and board, (iii) that neither party is entitled to a divorce, or (iv) for
separate maintenance, the court may make such further decree as it shall deem
expedient concerning the (a) custody or visitation parenting time
and support of the minor children of the parties as provided in Chapter 6.1 (§
20-124.1 et seq.) or (b) support of a child over the age of 18 who meets the
requirements set forth in subsection C of § 20-124.2, including an order that
either party or both parties provide health care coverage or cash medical
support, or both.
§ 20-108. Revision and alteration of such decrees.
The court may, from time to time after decreeing as provided
in § 20-107.2, on petition of either of the parents, or on its own motion or
upon petition of any probation officer or the Department of Social Services,
which petition shall set forth the reasons for the relief sought, revise and
alter such decree concerning the care, custody, and maintenance of the children
and make a new decree concerning the same, as the circumstances of the parents
and the benefit of the children may require. The intentional withholding of
visitation parenting time of a child from the other parent without
just cause may constitute a material change of circumstances justifying a
change of custody in the discretion of the court.
No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.
Any member of the United States Army, Navy, Air Force, Marine
Corps, Coast Guard, National Guard, or any other reserve component thereof, who
files a petition or is a party to a petition requesting the adjudication of the
custody, visitation parenting time, or support of a child based
on a change of circumstances due to one of the parent's deployment, as that
term is defined in § 20-124.7, shall be entitled to have such a petition
expedited on the docket of the court.
§ 20-108.1. Determination of child or spousal support.
A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision shall be rendered based upon the evidence relevant to each individual case.
B. In any proceeding on the issue of determining child support under this title, Title 16.1, or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award that would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.
In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:
1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children, including
the cost of visitation parenting time travel;
3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to a custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party's employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party's earning potential;
4. Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party's earning potential;
5. Debts of either party arising during the marriage for the benefit of the child;
6. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
7. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
8. Any special needs of a child resulting from any physical, emotional, or medical condition;
9. Independent financial resources of the child or children;
10. Standard of living for the child or children established during the marriage;
11. Earning capacity, obligations, financial resources, and special needs of each parent;
12. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
13. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
14. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
15. Such other factors as are necessary to consider the equities for the parents and children.
C. In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in § 63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.
D. In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
E. Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.
F. Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
G. Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent's custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits that are subject to garnishment.
H. In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law.
§ 20-108.2. Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.
A. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support under this title or Title 16.1 or 63.2, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set forth in this section is the correct amount of child support to be awarded. In order to rebut the presumption, the court shall make written findings in the order as set out in § 20-108.1, which findings may be incorporated by reference, that the application of the guidelines would be unjust or inappropriate in a particular case as determined by relevant evidence pertaining to the factors set out in § 20-108.1. The Department of Social Services shall set child support at the amount resulting from computations using the guidelines set out in this section pursuant to the authority granted to it in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subject to the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic child support obligation shall be computed using the schedule set out below. For combined monthly gross income amounts falling between amounts shown in the schedule, basic child support obligation amounts shall be extrapolated. However, unless one of the following exemptions applies where the sole custody child support obligation as computed pursuant to subdivision G 1 is less than the statutory minimum per month, there shall be a presumptive minimum child support obligation of the statutory minimum per month payable by the payor parent. If the gross income of the obligor is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the court, upon hearing evidence that there is no ability to pay the presumptive statutory minimum, may set an obligation below the presumptive statutory minimum provided doing so does not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. Exemptions from this presumptive minimum monthly child support obligation shall include: parents unable to pay child support because they lack sufficient assets from which to pay child support and who, in addition, are institutionalized in a psychiatric facility; are imprisoned for life with no chance of parole; are medically verified to be totally and permanently disabled with no evidence of potential for paying child support, including recipients of Supplemental Security Income (SSI); or are otherwise involuntarily unable to produce income. "Number of children" means the number of children for whom the parents share joint legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED
MONTHLY
GROSS
ONE
TWO
THREE
FOUR
FIVE
SIX
INCOME
CHILD
CHILDREN
CHILDREN
CHILDREN
CHILDREN
CHILDREN
68
104
126
141
155
169
400
78
119
144
161
177
192
450
88
133
162
181
199
216
500
97
148
179
200
220
239
550
107
162
197
220
242
263
600
116
177
215
240
264
287
650
126
191
232
259
285
310
700
135
206
250
279
307
333
750
145
220
267
298
328
357
800
154
234
284
317
349
379
850
163
248
300
336
369
401
900
171
260
316
353
388
422
950
179
273
331
369
406
442
1000
187
285
346
386
425
462
1050
196
298
361
403
443
482
1100
204
310
375
419
461
501
1150
212
323
390
436
480
521
1200
220
335
405
453
498
541
1250
228
347
420
469
516
561
1300
237
360
435
486
535
581
1350
245
372
450
503
553
601
1400
253
385
465
519
571
621
1450
261
397
480
536
589
641
1500
269
410
495
552
608
661
1550
278
422
509
569
626
680
1600
286
434
524
585
644
700
1650
293
446
538
601
661
718
1700
301
457
552
616
678
737
1750
309
469
566
632
695
756
1800
316
481
579
647
712
774
1850
324
492
593
663
729
792
1900
331
504
607
678
746
811
1950
339
515
621
693
763
829
2000
347
527
635
709
780
848
2050
354
538
648
724
797
866
2100
362
550
662
740
814
884
2150
369
561
676
755
830
903
2200
377
573
690
770
847
921
2250
385
584
703
786
864
940
2300
392
596
717
801
881
958
2350
400
607
731
817
898
976
2400
407
619
745
832
915
995
2450
415
630
759
847
932
1013
2500
423
642
772
863
949
1032
2550
430
653
786
878
966
1050
2600
438
665
800
894
983
1068
2650
445
676
814
909
1000
1087
2700
453
688
828
924
1017
1105
2750
460
699
841
940
1034
1124
2800
468
711
855
955
1051
1142
2850
476
722
869
971
1068
1160
2900
483
734
883
986
1084
1179
2950
491
745
896
1001
1101
1197
3000
498
757
910
1017
1118
1216
3050
506
768
924
1032
1135
1234
3100
514
780
938
1047
1152
1252
3150
521
791
952
1063
1169
1271
3200
529
803
965
1078
1186
1289
3250
536
814
979
1094
1203
1308
3300
544
826
993
1109
1220
1326
3350
551
837
1006
1123
1236
1343
3400
559
848
1019
1138
1252
1361
3450
566
859
1032
1152
1268
1378
3500
574
870
1045
1167
1283
1395
3550
581
881
1057
1181
1299
1412
3600
588
892
1070
1196
1315
1430
3650
596
903
1083
1210
1331
1447
3700
603
914
1096
1224
1347
1464
3750
611
925
1109
1239
1363
1481
3800
618
936
1122
1253
1379
1499
3850
626
947
1135
1268
1395
1516
3900
632
956
1146
1280
1408
1531
3950
638
966
1157
1293
1422
1546
4000
645
975
1168
1305
1436
1561
4050
651
985
1180
1318
1449
1575
4100
658
994
1191
1330
1463
1590
4150
664
1004
1202
1342
1477
1605
4200
670
1013
1213
1355
1490
1620
4250
677
1023
1224
1367
1504
1635
4300
682
1030
1233
1377
1515
1647
4350
687
1038
1242
1387
1526
1658
4400
693
1046
1251
1397
1537
1670
4450
698
1054
1260
1407
1548
1682
4500
704
1062
1268
1417
1559
1694
4550
709
1069
1277
1427
1569
1706
4600
714
1077
1286
1437
1580
1718
4650
720
1085
1295
1447
1591
1730
4700
725
1093
1304
1457
1602
1742
4750
731
1100
1313
1466
1613
1753
4800
736
1108
1322
1476
1624
1765
4850
741
1116
1331
1486
1635
1777
4900
747
1124
1339
1496
1646
1789
4950
752
1131
1348
1506
1656
1800
5000
755
1136
1353
1511
1662
1807
5050
759
1141
1358
1516
1668
1813
5100
762
1145
1362
1522
1674
1820
5150
766
1150
1367
1527
1680
1826
5200
769
1155
1372
1533
1686
1833
5250
773
1159
1377
1538
1692
1839
5300
776
1164
1382
1544
1698
1846
5350
780
1169
1387
1549
1704
1852
5400
783
1173
1392
1554
1710
1859
5450
787
1178
1397
1560
1716
1865
5500
790
1183
1401
1565
1722
1872
5550
794
1187
1406
1571
1728
1878
5600
797
1192
1411
1576
1734
1885
5650
800
1196
1416
1582
1740
1891
5700
803
1201
1421
1587
1746
1897
5750
806
1205
1425
1592
1751
1904
5800
809
1209
1430
1598
1757
1910
5850
812
1213
1435
1603
1763
1917
5900
815
1217
1440
1608
1769
1923
5950
818
1221
1444
1613
1775
1929
6000
821
1226
1449
1619
1781
1936
6050
823
1230
1454
1624
1787
1942
6100
826
1234
1459
1629
1792
1948
6150
829
1238
1464
1635
1798
1955
6200
832
1242
1468
1640
1804
1961
6250
835
1246
1473
1645
1810
1967
6300
838
1251
1478
1651
1816
1974
6350
841
1255
1483
1656
1822
1980
6400
844
1259
1487
1661
1827
1986
6450
847
1263
1492
1667
1833
1993
6500
849
1267
1497
1672
1839
1999
6550
852
1271
1502
1677
1845
2005
6600
855
1276
1506
1683
1851
2012
6650
858
1280
1511
1688
1857
2018
6700
861
1285
1517
1694
1864
2026
6750
865
1291
1524
1703
1873
2036
6800
869
1297
1532
1711
1882
2046
6850
873
1303
1539
1719
1891
2056
6900
877
1309
1547
1728
1900
2066
6950
881
1315
1554
1736
1909
2076
7000
885
1321
1561
1744
1919
2085
7050
889
1328
1569
1752
1928
2095
7100
893
1334
1576
1761
1937
2105
7150
897
1340
1584
1769
1946
2115
7200
901
1346
1591
1777
1955
2125
7250
905
1352
1599
1786
1964
2135
7300
909
1358
1606
1794
1973
2145
7350
913
1364
1613
1802
1982
2155
7400
917
1370
1621
1810
1991
2165
7450
921
1376
1628
1819
2001
2175
7500
925
1382
1636
1827
2010
2185
7550
929
1389
1643
1835
2019
2194
7600
933
1395
1650
1844
2028
2204
7650
937
1401
1658
1852
2037
2214
7700
941
1407
1665
1860
2046
2224
7750
944
1411
1670
1865
2051
2230
7800
946
1413
1672
1867
2054
2233
7850
948
1416
1674
1870
2057
2236
7900
950
1419
1676
1873
2060
2239
7950
953
1421
1679
1875
2063
2242
8000
955
1424
1681
1878
2065
2245
8050
957
1426
1683
1880
2068
2248
8100
959
1429
1685
1883
2071
2251
8150
961
1432
1688
1885
2074
2254
8200
963
1434
1690
1888
2076
2257
8250
965
1436
1692
1890
2079
2260
8300
967
1439
1694
1892
2082
2263
8350
969
1441
1696
1895
2084
2266
8400
971
1444
1699
1897
2087
2269
8450
973
1446
1701
1899
2089
2271
8500
974
1447
1702
1901
2091
2273
8550
975
1449
1704
1903
2093
2276
8600
976
1450
1705
1905
2096
2278
8650
977
1452
1707
1907
2098
2280
8700
978
1453
1709
1909
2100
2282
8750
979
1455
1710
1911
2102
2284
8800
980
1456
1712
1912
2104
2287
8850
981
1457
1714
1914
2106
2289
8900
982
1459
1715
1916
2108
2291
8950
983
1460
1717
1918
2110
2293
9000
984
1462
1719
1920
2112
2295
9050
985
1463
1720
1922
2114
2298
9100
986
1465
1722
1923
2116
2300
9150
987
1466
1724
1925
2118
2302
9200
991
1471
1730
1932
2125
2310
9250
994
1477
1737
1940
2134
2319
9300
998
1483
1743
1947
2142
2328
9350
1002
1488
1750
1955
2150
2337
9400
1005
1494
1757
1962
2159
2346
9450
1009
1499
1764
1970
2167
2355
9500
1013
1505
1771
1978
2176
2365
9550
1017
1511
1778
1986
2185
2375
9600
1021
1518
1786
1995
2194
2385
9650
1025
1524
1793
2003
2203
2395
9700
1029
1530
1801
2011
2212
2405
9750
1033
1536
1808
2020
2222
2415
9800
1037
1543
1816
2028
2231
2425
9850
1041
1549
1823
2036
2240
2435
9900
1046
1555
1831
2045
2249
2445
9950
1050
1561
1838
2053
2258
2455
10000
1054
1567
1845
2061
2268
2465
10050
1058
1574
1853
2070
2277
2475
10100
1062
1580
1860
2078
2286
2485
10150
1066
1586
1868
2086
2295
2495
10200
1070
1592
1875
2095
2304
2505
10250
1074
1599
1883
2103
2314
2515
10300
1079
1605
1891
2112
2323
2525
10350
1083
1611
1898
2121
2333
2536
10400
1087
1618
1906
2129
2342
2546
10450
1091
1624
1914
2138
2351
2556
10500
1095
1631
1921
2146
2361
2566
10550
1100
1637
1929
2155
2370
2576
10600
1104
1643
1937
2163
2380
2587
10650
1108
1650
1944
2172
2389
2597
10700
1112
1656
1952
2180
2398
2607
10750
1117
1662
1960
2189
2408
2617
10800
1121
1669
1967
2197
2417
2627
10850
1125
1675
1975
2206
2427
2638
10900
1129
1682
1983
2214
2436
2648
10950
1134
1688
1990
2223
2445
2658
11000
1138
1694
1998
2232
2455
2668
11050
1142
1701
2005
2240
2464
2678
11100
1146
1707
2013
2249
2474
2689
11150
1150
1714
2021
2257
2483
2699
11200
1154
1718
2026
2263
2489
2706
11250
1157
1722
2030
2267
2494
2711
11300
1159
1726
2034
2272
2499
2717
11350
1162
1730
2038
2276
2504
2722
11400
1165
1733
2042
2281
2509
2727
11450
1168
1737
2046
2285
2514
2733
11500
1171
1741
2050
2290
2519
2738
11550
1173
1745
2054
2294
2524
2743
11600
1176
1749
2058
2299
2529
2749
11650
1179
1752
2062
2303
2534
2754
11700
1182
1756
2066
2308
2538
2759
11750
1185
1760
2070
2312
2543
2765
11800
1187
1764
2074
2317
2548
2770
11850
1190
1768
2078
2321
2553
2775
11900
1193
1771
2082
2326
2558
2781
11950
1196
1775
2086
2330
2563
2786
12000
1199
1779
2090
2335
2568
2791
12050
1201
1783
2094
2339
2573
2797
12100
1204
1787
2098
2344
2578
2802
12150
1207
1790
2102
2348
2583
2808
12200
1210
1795
2107
2354
2589
2815
12250
1213
1800
2113
2360
2596
2822
12300
1216
1804
2118
2366
2603
2829
12350
1220
1809
2124
2372
2610
2837
12400
1223
1814
2129
2378
2616
2844
12450
1226
1818
2135
2384
2623
2851
12500
1229
1823
2140
2391
2630
2858
12550
1232
1828
2146
2397
2636
2866
12600
1235
1832
2151
2403
2643
2873
12650
1239
1837
2157
2409
2650
2880
12700
1242
1842
2162
2415
2657
2888
12750
1245
1846
2168
2421
2663
2895
12800
1248
1851
2173
2427
2670
2902
12850
1251
1856
2178
2433
2677
2910
12900
1254
1860
2184
2439
2683
2917
12950
1257
1865
2189
2446
2690
2924
13000
1261
1870
2195
2452
2697
2931
13050
1264
1874
2200
2458
2704
2939
13100
1267
1879
2206
2464
2710
2946
13150
1270
1884
2211
2470
2717
2953
13200
1273
1888
2217
2476
2724
2961
13250
1276
1893
2222
2482
2730
2968
13300
1279
1898
2228
2488
2737
2975
13350
1283
1902
2233
2494
2744
2983
13400
1286
1907
2239
2501
2751
2990
13450
1289
1912
2244
2507
2757
2997
13500
1292
1916
2250
2513
2764
3005
13550
1295
1921
2256
2520
2772
3013
13600
1297
1925
2262
2526
2779
3021
13650
1300
1930
2268
2533
2786
3029
13700
1303
1935
2274
2540
2794
3037
13750
1306
1939
2280
2546
2801
3045
13800
1308
1944
2286
2553
2808
3053
13850
1311
1948
2292
2560
2816
3061
13900
1314
1953
2298
2566
2823
3069
13950
1317
1957
2304
2573
2830
3077
14000
1320
1962
2310
2580
2838
3085
14050
1322
1967
2316
2586
2845
3093
14100
1325
1971
2322
2593
2852
3101
14150
1328
1976
2328
2600
2860
3109
14200
1331
1980
2333
2607
2867
3117
14250
1334
1985
2339
2613
2875
3125
14300
1336
1990
2345
2620
2882
3133
14350
1339
1994
2351
2627
2889
3141
14400
1342
1999
2357
2633
2897
3149
14450
1345
2003
2363
2640
2904
3157
14500
1347
2008
2369
2647
2911
3164
14550
1350
2013
2375
2653
2919
3172
14600
1353
2017
2381
2660
2926
3180
14650
1356
2022
2387
2667
2933
3188
14700
1359
2026
2393
2673
2941
3196
14750
1361
2031
2399
2680
2948
3204
14800
1364
2036
2405
2686
2955
3212
14850
1368
2040
2410
2692
2961
3219
14900
1371
2045
2415
2698
2967
3226
14950
1375
2050
2420
2703
2974
3232
15000
1378
2055
2425
2709
2980
3239
15050
1382
2059
2430
2714
2986
3246
15100
1385
2064
2435
2720
2992
3252
15150
1389
2069
2440
2726
2998
3259
15200
1392
2074
2445
2731
3004
3266
15250
1396
2078
2450
2737
3010
3272
15300
1400
2083
2455
2742
3017
3279
15350
1403
2088
2460
2748
3023
3286
15400
1407
2093
2465
2754
3029
3292
15450
1410
2098
2470
2759
3035
3299
15500
1414
2102
2475
2765
3041
3306
15550
1417
2107
2480
2770
3047
3312
15600
1421
2112
2485
2776
3053
3319
15650
1424
2117
2490
2781
3060
3326
15700
1428
2121
2495
2787
3066
3333
15750
1431
2126
2500
2793
3072
3339
15800
1435
2131
2505
2798
3078
3346
15850
1438
2136
2510
2804
3084
3353
15900
1442
2140
2515
2809
3090
3359
15950
1445
2145
2520
2815
3097
3366
16000
1449
2150
2525
2821
3103
3373
16050
1453
2155
2530
2826
3109
3379
16100
1456
2159
2535
2832
3115
3386
16150
1458
2162
2538
2835
3119
3390
16200
1459
2164
2541
2838
3122
3394
16250
1461
2167
2544
2841
3125
3397
16300
1462
2169
2546
2844
3128
3401
16350
1464
2171
2549
2847
3132
3404
16400
1465
2173
2551
2850
3135
3408
16450
1466
2175
2554
2853
3138
3411
16500
1468
2177
2557
2856
3141
3415
16550
1469
2179
2559
2859
3144
3418
16600
1471
2182
2562
2862
3148
3422
16650
1472
2184
2564
2864
3151
3425
16700
1473
2186
2567
2867
3154
3428
16750
1475
2188
2570
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19850
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21200
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21300
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3165
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21400
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21600
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3187
3506
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21650
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3191
3510
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21700
1663
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3195
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21750
1665
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21800
1667
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3204
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21900
1670
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22000
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3221
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22100
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2914
3255
3581
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3260
3586
3898
22500
1692
2500
2922
3264
3590
3903
22550
1694
2503
2926
3268
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3908
22600
1696
2506
2930
3272
3600
3913
22650
1698
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2934
3277
3604
3918
22700
1700
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2937
3281
3609
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22750
1702
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2941
3285
3614
3928
22800
1704
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3290
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3294
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22900
1707
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3298
3628
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22950
1709
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3302
3633
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23000
1711
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3307
3637
3954
23050
1713
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2964
3311
3642
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23100
1715
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2968
3315
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3964
23150
1717
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3320
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23200
1718
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2976
3324
3656
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23250
1720
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2979
3328
3661
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1722
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3332
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23350
1724
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2987
3337
3670
3990
23400
1726
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2991
3341
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3995
23450
1728
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2995
3345
3680
4000
23500
1730
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2999
3349
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4005
23550
1731
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3002
3354
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23600
1733
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3006
3358
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23650
1735
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3010
3362
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4020
23700
1737
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3014
3367
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23750
1739
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3371
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23800
1741
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3022
3375
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4036
23850
1742
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3025
3379
3717
4041
23900
1744
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3029
3384
3722
4046
23950
1746
2587
3033
3388
3727
4051
24000
1748
2590
3037
3392
3731
4056
24050
1750
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3397
3736
4061
24100
1752
2596
3045
3401
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4066
24150
1754
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3048
3405
3746
4071
24200
1755
2602
3052
3409
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4077
24250
1757
2605
3056
3414
3755
4082
24300
1759
2608
3060
3418
3760
4087
24350
1761
2611
3064
3422
3764
4092
24400
1763
2614
3068
3426
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4097
24450
1765
2617
3071
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4102
24500
1767
2620
3075
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4107
24550
1768
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1770
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24650
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24700
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24750
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3102
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3106
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25050
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1792
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3129
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25250
1794
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3133
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4184
25300
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2668
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3503
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4189
25350
1798
2671
3140
3508
3858
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1800
2674
3144
3512
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4199
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1802
2677
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1804
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3152
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4210
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1805
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3156
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1807
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3159
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4220
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1809
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3163
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1811
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3167
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1813
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3171
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4235
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3175
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4240
25850
1817
2700
3179
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3182
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25950
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2706
3186
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3915
4256
26000
1822
2709
3190
3563
3920
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26050
1824
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26100
1826
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3198
3572
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4271
26150
1828
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3202
3576
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4276
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3236
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4322
26650
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2748
3240
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4327
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3244
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2754
3248
3627
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4337
26800
1852
2757
3251
3632
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4342
26850
1854
2760
3255
3636
4000
4348
26900
1855
2763
3259
3640
4004
4353
26950
1857
2766
3263
3645
4009
4358
27000
1859
2769
3267
3649
4014
4363
27050
1861
2772
3270
3653
4018
4368
27100
1863
2775
3274
3657
4023
4373
27150
1865
2778
3278
3662
4028
4378
27200
1867
2781
3282
3666
4033
4383
27250
1868
2784
3286
3670
4037
4389
27300
1870
2787
3290
3675
4042
4394
27350
1872
2790
3293
3679
4047
4399
27400
1874
2793
3297
3683
4051
4404
27450
1876
2796
3301
3687
4056
4409
27500
1878
2799
3305
3692
4061
4414
27550
1880
2802
3309
3696
4066
4419
27600
1881
2805
3313
3700
4070
4424
27650
1883
2808
3316
3704
4075
4429
27700
1885
2811
3320
3709
4080
4435
27750
1887
2814
3324
3713
4084
4440
27800
1889
2817
3328
3717
4089
4445
27850
1891
2820
3332
3722
4094
4450
27900
1892
2823
3336
3726
4098
4455
27950
1894
2826
3339
3730
4103
4460
28000
1896
2829
3343
3734
4108
4465
28050
1898
2832
3347
3739
4113
4470
28100
1899
2833
3348
3740
4114
4472
28150
1900
2834
3349
3741
4115
4473
28200
1900
2835
3349
3741
4115
4473
28250
1901
2836
3350
3742
4116
4474
28300
1902
2836
3350
3742
4116
4474
28350
1902
2837
3351
3743
4117
4475
28400
1903
2838
3351
3743
4117
4476
28450
1904
2838
3351
3744
4118
4476
28500
1904
2839
3352
3744
4118
4477
28550
1905
2840
3352
3745
4119
4477
28600
1906
2840
3353
3745
4120
4478
28650
1906
2841
3353
3745
4120
4478
28700
1907
2842
3354
3746
4121
4479
28750
1908
2842
3354
3746
4121
4480
28800
1908
2843
3354
3747
4122
4480
28850
1909
2844
3355
3747
4122
4481
28900
1909
2844
3355
3748
4123
4481
28950
1910
2845
3356
3748
4123
4482
29000
1911
2846
3356
3749
4124
4483
29050
1911
2846
3357
3749
4124
4483
29100
1912
2847
3357
3750
4125
4484
29150
1913
2848
3358
3750
4125
4484
29200
1913
2848
3358
3751
4126
4485
29250
1914
2849
3358
3751
4126
4485
29300
1915
2850
3359
3752
4127
4486
29350
1915
2850
3359
3752
4128
4487
29400
1916
2851
3360
3753
4128
4487
29450
1917
2852
3360
3753
4129
4488
29500
1917
2852
3361
3754
4129
4488
29550
1918
2853
3361
3754
4130
4489
29600
1919
2854
3361
3755
4130
4490
29650
1919
2855
3362
3755
4131
4490
29700
1920
2855
3362
3756
4131
4491
29750
1921
2856
3363
3756
4132
4491
29800
1921
2857
3363
3757
4132
4492
29850
1922
2857
3364
3757
4133
4492
29900
1923
2858
3364
3758
4133
4493
29950
1923
2859
3365
3758
4134
4494
30000
1924
2859
3365
3759
4135
4494
30050
1925
2860
3365
3759
4135
4495
30100
1925
2861
3366
3760
4136
4495
30150
1926
2861
3366
3760
4136
4496
30200
1926
2862
3367
3761
4137
4497
30250
1927
2863
3367
3761
4137
4497
30300
1928
2863
3368
3762
4138
4498
30350
1928
2864
3368
3762
4138
4498
30400
1929
2865
3368
3763
4139
4499
30450
1930
2865
3369
3763
4139
4499
30500
1930
2866
3369
3764
4140
4500
30550
1931
2867
3370
3764
4140
4501
30600
1932
2867
3370
3765
4141
4501
30650
1932
2868
3371
3765
4141
4502
30700
1933
2869
3371
3765
4142
4502
30750
1934
2869
3371
3766
4143
4503
30800
1934
2870
3372
3766
4143
4504
30850
1935
2871
3372
3767
4144
4504
30900
1936
2871
3373
3767
4144
4505
30950
1936
2872
3373
3768
4145
4505
31000
1937
2873
3374
3768
4145
4506
31050
1938
2874
3374
3769
4146
4506
31100
1938
2874
3375
3769
4146
4507
31150
1939
2875
3375
3770
4147
4508
31200
1940
2876
3375
3770
4147
4508
31250
1940
2876
3376
3771
4148
4509
31300
1941
2877
3376
3771
4148
4509
31350
1942
2878
3377
3772
4149
4510
31400
1942
2878
3377
3772
4150
4511
31450
1943
2879
3378
3773
4150
4511
31500
1943
2880
3378
3773
4151
4512
31550
1944
2880
3378
3774
4151
4512
31600
1945
2881
3379
3774
4152
4513
31650
1945
2882
3379
3775
4152
4513
31700
1946
2882
3380
3775
4153
4514
31750
1947
2883
3380
3776
4153
4515
31800
1947
2884
3381
3776
4154
4515
31850
1948
2884
3381
3777
4154
4516
31900
1949
2885
3382
3777
4155
4516
31950
1949
2886
3382
3778
4155
4517
32000
1950
2886
3382
3778
4156
4518
32050
1951
2887
3383
3779
4156
4518
32100
1951
2888
3383
3779
4157
4519
32150
1952
2888
3384
3780
4158
4519
32200
1953
2889
3384
3780
4158
4520
32250
1953
2890
3385
3781
4159
4520
32300
1954
2890
3385
3781
4159
4521
32350
1955
2891
3385
3782
4160
4522
32400
1955
2892
3386
3782
4160
4522
32450
1956
2893
3386
3783
4161
4523
32500
1957
2893
3387
3783
4161
4523
32550
1957
2894
3387
3784
4162
4524
32600
1958
2895
3388
3784
4162
4525
32650
1959
2895
3388
3784
4163
4525
32700
1959
2896
3389
3785
4163
4526
32750
1960
2897
3389
3785
4164
4526
32800
1960
2897
3389
3786
4165
4527
32850
1961
2898
3390
3786
4165
4527
32900
1962
2899
3390
3787
4166
4528
32950
1962
2899
3391
3787
4166
4529
33000
1963
2900
3391
3788
4167
4529
33050
1964
2901
3392
3788
4167
4530
33100
1964
2901
3392
3789
4168
4530
33150
1965
2902
3392
3789
4168
4531
33200
1966
2903
3393
3790
4169
4532
33250
1966
2903
3393
3790
4169
4532
33300
1967
2904
3394
3791
4170
4533
33350
1968
2905
3394
3791
4170
4533
33400
1968
2905
3395
3792
4171
4534
33450
1969
2906
3395
3792
4172
4534
33500
1970
2907
3395
3793
4172
4535
33550
1970
2907
3396
3793
4173
4536
33600
1971
2908
3396
3794
4173
4536
33650
1972
2909
3397
3794
4174
4537
33700
1972
2909
3397
3795
4174
4537
33750
1973
2910
3398
3795
4175
4538
33800
1974
2911
3398
3796
4175
4539
33850
1974
2912
3399
3796
4176
4539
33900
1975
2912
3399
3797
4176
4540
33950
1976
2913
3399
3797
4177
4540
34000
1976
2914
3400
3798
4177
4541
34050
1977
2914
3400
3798
4178
4541
34100
1977
2915
3401
3799
4178
4542
34150
1978
2916
3401
3799
4179
4543
34200
1979
2916
3402
3800
4179
4543
34250
1979
2917
3402
3800
4180
4544
34300
1980
2917
3402
3800
4181
4544
34350
1981
2918
3403
3801
4181
4545
34400
1981
2919
3403
3801
4182
4545
34450
1982
2919
3404
3802
4182
4546
34500
1983
2920
3404
3802
4183
4546
34550
1983
2921
3405
3803
4183
4547
34600
1984
2921
3405
3803
4184
4548
34650
1984
2922
3405
3804
4184
4548
34700
1985
2923
3406
3804
4185
4549
34750
1986
2923
3406
3805
4185
4549
34800
1986
2924
3407
3805
4186
4550
34850
1987
2925
3407
3806
4186
4550
34900
1988
2925
3407
3806
4187
4551
34950
1988
2926
3408
3807
4187
4552
35000
1989
2927
3408
3807
4188
4552
For gross monthly incomes above $35,000, add the amount of child support for $35,000 to the following percentages of gross income above $35,000.
ONE
TWO
THREE
FOUR
FIVE
SIX
CHILDREN
CHILDREN
CHILDREN
CHILDREN
CHILDREN
CHILDREN
2.6%
3.4%
3.8%
4.2%
4.6%
5.0%
C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards.
If a parent's gross income includes disability insurance benefits, it shall also include any amounts paid to or for the child who is the subject of the order and derived by the child from the parent's entitlement to disability insurance benefits. To the extent that such derivative benefits are included in a parent's gross income, that parent shall be entitled to a credit against his or her ongoing basic child support obligation for any such amounts, and, if the amount of the credit exceeds the parent's basic child support obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. "Gross income" shall not include:
1. Benefits from public assistance and social services programs as defined in § 63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment income not previously included in "gross income," where the payor obtained the income to discharge a child support arrearage established by a court or administrative order and the payor is paying the arrearage pursuant to the order. "Secondary employment income" includes but is not limited to income from an additional job, from self-employment, or from overtime employment. The cessation of such secondary income upon the payment of the arrearage shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
For purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross income when paid pursuant to an order or written agreement and (ii) one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who are the subject of the present proceeding, then there is a presumption that there shall be deducted from the gross income of the party subject to such order or written agreement, the amount that the party is actually paying for the support of a child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party's financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, the court or administrative agency may use the gross monthly income of the parties averaged over the period of retroactivity.
D. Except for good cause shown or the agreement of the parties, in addition to any other child support obligations established pursuant to this section, any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses. The method of payment of those expenses shall be contained in the support order. Each parent shall pay his respective share of expenses as those expenses are incurred. Any amount paid under this subsection shall not be adjusted by, nor added to, the child support calculated in accordance with subsection G. For the purposes of this section, medical or dental expenses shall include but not be limited to eyeglasses, prescription medication, prosthetics, orthodontics, and mental health or developmental disabilities services, including but not limited to services provided by a social worker, psychologist, psychiatrist, counselor, or therapist.
E. The costs for health care coverage as defined in § 63.2-1900, vision care coverage, and dental care coverage for the child or children who are the subject of the child support order that are being paid by a parent or that parent's spouse shall be added to the basic child support obligation. To determine the cost to be added to the basic child support obligation, the cost per person shall be applied to the child or children who are subject of the child support order. If the per child cost is provided by the insurer, that is the cost per person. Otherwise, to determine the cost per person, the cost of individual coverage for the policy holder shall be subtracted from the total cost of the coverage, and the remaining amount shall be divided by the number of remaining covered persons.
F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation.
G. 1. Sole custody support. The sole custody total monthly child support obligation shall be established by adding (i) the monthly basic child support obligation, as determined from the schedule contained in subsection B, (ii) costs for health care coverage to the extent allowable by subsection E, and (iii) work-related child-care costs and taking into consideration all the factors set forth in subsection B of § 20-108.1. The total monthly child support obligation shall be divided between the parents in the same proportion as their monthly gross incomes bear to their monthly combined gross income. The monthly obligation of each parent shall be computed by multiplying each parent's percentage of the parents' monthly combined gross income by the total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reduced by the cost for health care coverage to the extent allowable by subsection E when paid directly by the noncustodial parent or that parent's spouse. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
2. Split custody support. In cases involving split custody, the amount of child support to be paid shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with subdivision 1, with the noncustodial parent owing the larger amount paying the difference to the other parent. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
For the purpose of this section and § 20-108.1, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent, and child support for that family unit shall be calculated upon the number of children in that family unit who are born of the parents, born of either parent and adopted by the other parent or adopted by both parents. Where split custody exists, a parent is a custodial parent to the children in that parent's family unit and is a noncustodial parent to the children in the other parent's family unit.
3. Shared custody support.
(a) Where a party has custody or visitation
parenting time of a child or children for more than 90 days of the year, as
such days are defined in subdivision G 3 (c), a shared custody child support
amount based on the ratio in which the parents share the custody and
visitation parenting time of any child or children shall be
calculated in accordance with this subdivision. The presumptive support to be
paid shall be the shared custody support amount, unless a party affirmatively
shows that the sole custody support amount calculated as provided in
subdivision G 1 is less than the shared custody support amount. If so, the
lesser amount shall be the support to be paid. For the purposes of this
subsection, the following shall apply:
(i) Income share. "Income share" means a parent's percentage of the combined monthly gross income of both parents. The income share of a parent is that parent's gross income divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share" means the number
of days that a parent has physical custody, whether by sole custody, joint
legal or joint residential custody, or visitation parenting time,
of a shared child per year divided by the number of days in the year. The
actual or anticipated "custody share" of the parent who has or will
have fewer days of physical custody shall be calculated for a one-year period.
The "custody share" of the other parent shall be presumed to be the
number of days in the year less the number of days calculated as the first
parent's "custody share." For purposes of this calculation, the year
may begin on such date as is determined in the discretion of the court, and the
day may begin at such time as is determined in the discretion of the court. For
purposes of this calculation, a day shall be as defined in subdivision G 3 (c).
(iii) Shared support need. "Shared support need" means the presumptive guideline amount of needed support for the shared child or children calculated pursuant to subsection B of this section, for the combined gross income of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child or children shall be calculated pursuant to subdivision G 3 (a)(iii). This amount shall then be multiplied by the other parent's custody share. To that sum for each parent shall be added the other parent's or that parent's spouse's cost of health care coverage to the extent allowable by subsection E, plus the other parent's work-related child-care costs to the extent allowable by subsection F. This total for each parent shall be multiplied by that parent's income share. The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference shall be the shared custody support one parent owes to the other, with the payor parent being the one whose shared support is the larger. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate.
(e) Support modification. When there has been an award of
child support based on the shared custody formula and one parent consistently
fails to exercise custody or visitation parenting time in
accordance with the parent's custody share upon which the award was based,
there shall be a rebuttable presumption that the support award should be
modified.
(f) In the event that the shared custody support calculation indicates that the net support is to be paid to the parent who would not be the parent receiving support pursuant to the sole custody calculation, then the shared support shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure that the guideline set out in this section is reviewed by October 31, 2001, and every four years thereafter, by the Child Support Guidelines Review Panel, consisting of 15 members comprised of four legislative members and 11 nonlegislative citizen members. Members shall be appointed as follows: three members of the House Committee for Courts of Justice, upon the recommendation of the chairman of such committee, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; one member of the Senate Committee for Courts of Justice, upon the recommendation of the chairman of such committee, to be appointed by the Senate Committee on Rules; and one representative of a juvenile and domestic relations district court, one representative of a circuit court, one representative of the Department of Social Services' Division of Child Support Enforcement, three members of the Virginia State Bar, two custodial parents, two noncustodial parents, and one child advocate, upon the recommendation of the Secretary of Health and Human Resources, to be appointed by the Governor. The Panel shall determine the adequacy of the guideline for the determination of appropriate awards for the support of children by considering current research and data on the cost of and expenditures necessary for rearing children, and any other resources it deems relevant to such review. The Panel shall report its findings to the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports before the General Assembly next convenes following such review.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve at the pleasure of the Governor. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
Legislative members shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Social Services.
The Department of Social Services shall provide staff support to the Panel. All agencies of the Commonwealth shall provide assistance to the Panel, upon request.
The chairman of the Panel shall submit to the Governor and the General Assembly a quadrennial executive summary of the interim activity and work of the Panel no later than the first day of 2006 regular session of the General Assembly and every four years thereafter. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 20-124.2. Court-ordered custody and parenting time arrangements.
A. In any case in which custody or visitation
parenting time of minor children is at issue, whether in a circuit or
district court, the court shall provide prompt adjudication, upon due
consideration of all the facts, of custody and visitation parenting
time arrangements, including support and maintenance for the children,
prior to other considerations arising in the matter. The court may enter an
order pending the suit as provided in § 20-103. The procedures for determining
custody and visitation parenting time arrangements shall insofar
as practical, and consistent with the ends of justice, preserve the dignity and
resources of family members. Mediation shall be used as an alternative to
litigation where appropriate. When mediation is used in custody and
visitation parenting time matters, the goals may include development
of a proposal addressing the child's residential schedule and care
arrangements, and how disputes between the parents will be handled in the
future.
B. In determining custody, the court shall give primary
consideration to the best interests of the child. The court shall assure minor
children of frequent and continuing contact with both parents, when
appropriate, and encourage parents to share in the responsibilities of rearing
their children. As between the parents, there shall be no presumption or
inference of law in favor of either. The court shall give due regard to the
primacy of the parent-child relationship but may upon a showing by clear and
convincing evidence that the best interest of the child would be served thereby
award custody or visitation parenting time to any other person
with a legitimate interest. The court may award joint custody or sole custody.
C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.
D. In any case in which custody or visitation
parenting time of minor children is at issue, whether in a circuit or
district court, the court may order an independent mental health or psychological
evaluation to assist the court in its determination of the best interests of
the child. The court may enter such order as it deems appropriate for the
payment of the costs of the evaluation by the parties.
E. The court shall have the continuing authority and
jurisdiction to make any additional orders necessary to effectuate and enforce
any order entered pursuant to this section or § 20-103 including the authority
to punish as contempt of court any willful failure of a party to comply with
the provisions of the order. A parent or other person having legal custody of a
child may petition the court to enjoin and the court may enter an order to
enjoin a parent of the child from filing a petition relating to custody and
visitation parenting time of that child for any period of time up to
10 years if doing so is in the best interests of the child and such parent has
been convicted of an offense under the laws of the Commonwealth or a
substantially similar law of another state, the United States, or any foreign
jurisdiction which constitutes (i) murder or voluntary manslaughter, or a
felony attempt, conspiracy or solicitation to commit any such offense, if the
victim of the offense was a child of the parent, a child with whom the parent
resided at the time the offense occurred, or the other parent of the child, or
(ii) felony assault resulting in serious bodily injury, felony bodily wounding
resulting in serious bodily injury, or felony sexual assault, if the victim of
the offense was a child of the parent or a child with whom the parent resided
at the time of the offense. When such a petition to enjoin the filing of a
petition for custody and visitation parenting time is filed, the
court shall appoint a guardian ad litem for the child pursuant to § 16.1-266.
§ 20-124.2:1. In camera interviews of child; record.
In any proceeding in a court of record to determine custody or
visitation parenting time, when the court conducts an in camera
interview of a minor child whose custody or visitation parenting time
is at issue without the presence of the parties or their counsel, a record of
the interview shall be prepared, unless the parties otherwise agree. The record
of the interview shall be made a part of the record in the case unless a
decision is made by the court that doing so would endanger the safety of the
child. The cost of creating the record shall be taxed as costs to the parties
to the proceeding.
§ 20-124.3. Best interests of the child; parenting time.
In determining best interests of a child for purposes of
determining custody or visitation parenting time arrangements
including any pendente lite orders pursuant to § 20-103, the court shall
consider the following:
1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the
child's contact and relationship with the other parent, including whether a
parent has unreasonably denied the other parent access to or visitation
parenting time with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.
The judge shall communicate to the parties the basis of the
decision either orally or in writing. Except in cases of consent orders for
custody and visitation parenting time, this communication shall
set forth the judge's findings regarding the relevant factors set forth in this
section.
§ 20-124.4. Mediation.
In any appropriate case the court shall refer the parents or
persons with a legitimate interest to a dispute resolution evaluation session
to be conducted by a mediator certified pursuant to guidelines promulgated by
the Judicial Council at no cost and in accordance with the procedures set out
in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title 8.01. In assessing the
appropriateness of a referral, the court shall ascertain upon motion of a party
whether there is a history of family abuse. If an agreement is not reached on
any issue through further mediation as agreed to by the parties, prior to the
return date set by the court pursuant to § 8.01-576.5, the court shall proceed
with a hearing on any unresolved issue, unless a continuance has been granted
by the court. The fee of a mediator appointed in any custody, support or
visitation parenting time case shall be $100 per appointment and
shall be paid by the Commonwealth from the funds appropriated for payment of
appointments made pursuant to subsection B of § 16.1-267.
§ 20-124.5. Notification of relocation.
In any proceeding involving custody or visitation
parenting time, the court shall include as a condition of any custody or
visitation parenting time order a requirement that thirty days'
advance written notice be given to the court and the other party by any party
intending to relocate and of any intended change of address, unless the court,
for good cause shown, orders otherwise. The court may require that the notice
be in such form and contain such information as it deems proper and necessary
under the circumstances of the case.
§ 20-124.8. Deployment; temporary order.
A. Any court order limiting previously ordered custodial or
visitation parenting time rights of a deploying parent or guardian
due to the parent's or guardian's deployment shall specify the deployment as
the basis for the order and shall be entered by the court as a temporary order.
Any such order shall further require the nondeploying parent or guardian to
provide the court with 30 days advance written notice of any change of address
and any change of telephone number.
B. The court, on motion of the deploying parent or guardian to
delegate visitation parenting time to a family member, including
a stepparent, with whom the child has a close and substantial relationship and
upon finding that such delegation is in the best interests of the child, may
enter an order delegating visitation parenting time that:
1. Delegates all or a portion of the deploying parent's or
guardian's visitation parenting time rights to such family
member, if the deploying parent or guardian had visitation parenting
time rights with the child prior to the deployment; or
2. Provides visitation parenting time rights to
such family member, if the deploying parent or guardian had physical custody of
the child prior to the deployment and the nondeploying parent or guardian, or a
family member of the nondeploying parent or guardian, is awarded physical
custody during the deployment.
An order delegating or providing visitation
parenting time rights to a family member pursuant to this subsection does
not create a separate right to visitation parenting time in the
family member to whom visitation parenting time rights are
delegated or provided. The deploying parent or guardian may at any time, and
the nondeploying parent or guardian may upon a showing of a material change in
circumstances, file a motion to rescind the order delegating or providing
visitation parenting time rights to a family member and such order
shall terminate by operation of law upon the return of the deploying parent or
guardian from deployment. Written notice of the return of the deployed parent
or guardian and the termination of the delegated visitation parenting
time shall be provided by the previously deployed parent or guardian to any
family member whose visitation parenting time is thereby
terminated.
C. The court, on motion of the deploying parent or guardian
returning from deployment seeking to amend or review the custody or
visitation parenting time order entered based upon the deployment,
shall set a hearing on the matter that shall take precedence on the court's
docket, and shall be set within 30 days of the filing of the motion. For
purposes of this hearing, the nondeploying parent or guardian shall bear the
burden of showing that reentry of the custody or visitation parenting
time order in effect before the deployment is no longer in the child's best
interests.
D. This section shall not otherwise preclude a parent or
guardian from petitioning for a modification of a custody or visitation
parenting time order based upon a change in circumstances.
§ 20-124.9. When no order is in place; expedited hearing; conduct of hearing.
A. If no court order exists as to the custody, visitation
parenting time, or support of a child of a deploying parent or guardian,
any petition filed to establish custody, visitation parenting time,
or support for a child of a deploying parent or guardian shall be so identified
at the time of filing by the deploying parent or guardian to ensure that the
deploying parent or guardian has access to the child, and that reasonable
support and other orders are in place for the protection of the parent-child or
guardian-child relationship, consistent with the other provisions of this
chapter. Such petition shall be expedited on the court's docket in accordance
with § 20-108.
B. In any proceeding under this chapter where a deploying parent or guardian is reasonably unable to appear as a result of his deployment, the court, upon motion of the deploying parent or guardian and for good cause shown, may conduct any hearing using a telephonic communication system or an electronic audio and video communication system to provide for the appearance of any parties and witnesses.
§ 20-146.1. Definitions.
In this act:
"Child" means an individual who has not attained eighteen years of age.
"Child custody determination" means a judgment,
decree, or other order of a court providing for the legal custody, physical
custody, or visitation parenting time with respect to a child.
The term includes a permanent, temporary, initial, or modification order. The
term does not include an order relating to child support or other monetary obligation
of an individual.
"Child custody proceeding" means a proceeding in
which legal custody, physical custody, or visitation parenting time
with respect to a child is an issue. The term includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a proceeding involving juvenile
delinquency, contractual emancipation, or enforcement under Article 3 (§
20-146.22 et seq.) of this chapter.
"Commencement" means the filing of the first pleading in a proceeding.
"Court" means a court of competent jurisdiction as determined by otherwise applicable Virginia law to establish, enforce, or modify a child custody determination or an entity authorized under the law of another state to establish, enforce or modify a child custody determination.
"Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
"Initial determination" means the first child custody determination concerning a particular child.
"Issuing court" means the court that makes a child custody determination for which enforcement is sought under this act.
"Issuing state" means the state in which a child custody determination is made.
"Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
"Person acting as a parent" means a person, other than a parent, who has (i) physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and (ii) been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.
"Physical custody" means the physical care and supervision of a child.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.
§ 20-146.20. Information to be submitted to court.
A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the past five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
1. Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or visitation
parenting time with the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any;
2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and
3. Knows the names and addresses of any persons not a party to
the proceeding who has physical custody of the child or claims rights of legal
custody or physical custody of, or visitation parenting time
with, the child and, if so, the names and addresses of those persons.
B. If the information required by subsection A is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
C. If the declaration as to any of the items described in subdivisions A 1, A 2 and A 3 is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child. In such a hearing the court shall make a written finding that the disclosure is or is not in the interest of justice. Such hearing and written finding of the issue of disclosure shall be held and made by the court within fifteen days of the filing of a pleading.
§ 20-146.25. Temporary parenting time.
A. A court of this Commonwealth that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
1. A visitation parenting time schedule made by
a court of another state; or
2. The visitation parenting time provisions of a
child custody determination of another state that does not provide for a specific
visitation parenting time schedule.
B. If a court of this Commonwealth makes an order under subdivision A 2, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2 (§ 20-146.12 et seq.) of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
§ 20-146.26. Registration of child custody determination.
A. A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request for enforcement, by sending to the appropriate juvenile and domestic relations district court in this Commonwealth:
1. A letter or other document requesting registration;
2. Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
3. Except as otherwise provided in § 20-146.20, the name and
address of the person seeking registration and any parent or person acting as a
parent who has been awarded custody or visitation parenting time
in the child custody determination sought to be registered.
B. On receipt of the documents required by subsection A, the registering court shall:
1. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
2. Serve notice upon the persons named pursuant to subdivision A 3 and provide them with an opportunity to contest the registration in accordance with this section.
§ 63.2-908. Permanent foster care placement.
A. Permanent foster care placement means the place in which a child has been placed pursuant to the provisions of §§ 63.2-900, 63.2-903 and this section with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or § 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
B. A local department or a licensed child-placing agency shall have authority pursuant to a court order to place a child over whom it has legal custody in a permanent foster care placement where the child shall remain until attaining majority or thereafter, until the age of twenty-one years, if such placement is a requisite to providing funds for the care of such child, so long as the child is a participant in an educational, treatment or training program approved pursuant to regulations of the Board. No such child shall be removed from the physical custody of the foster parents in the permanent care placement except upon order of the court or pursuant to § 16.1-251 or § 63.2-1517. The department or agency so placing a child shall retain legal custody of the child. A court shall not order that a child be placed in permanent foster care unless it finds that (i) diligent efforts have been made by the local department to place the child with his natural parents and such efforts have been unsuccessful, and (ii) diligent efforts have been made by the local department to place the child for adoption and such efforts have been unsuccessful or adoption is not a reasonable alternative for a long-term placement for the child under the circumstances.
C. Unless modified by the court order, the foster parent in the permanent foster care placement shall have the authority to consent to surgery, entrance into the armed services, marriage, application for a motor vehicle and driver's license, application for admission into college and any other such activities that require parental consent and shall have the responsibility for informing the placing department or agency of any such actions.
D. Any child placed in a permanent foster care placement by a local department shall, with the cooperation of the foster parents with whom the permanent foster care placement has been made, receive the same services and benefits as any other child in foster care pursuant to §§ 63.2-319, 63.2-900 and 63.2-903 and any other applicable provisions of law.
E. The Board shall establish minimum standards for the utilization, supervision and evaluation of permanent foster care placements.
F. The rate of payment for permanent foster care placements by a local department shall be in accordance with standards and rates established by the Board. The rate of payment for such placements by other licensed child-placing agencies shall be in accordance with standards and rates established by the individual agency.
G. If the child has a continuing involvement with his natural
parents, the natural parents should be involved in the planning for a permanent
placement. The court order placing the child in a permanent placement shall
include a specification of the nature and frequency of visiting
parenting time arrangements with the natural parents.
H. Any change in the placement of a child in permanent foster care or the responsibilities of the foster parents for that child shall be made only by order of the court which ordered the placement pursuant to a petition filed by the foster parents, local department, licensed child-placing agency or other appropriate party.
§ 63.2-912. Parenting time of child placed in foster care.
The circuit courts and juvenile and domestic relations
district courts shall have the authority to grant visitation
parenting time rights to the natural parents, siblings, and grandparents of
any child entrusted or committed to foster care if the court finds (i) that the
parent, sibling, or grandparent had an ongoing relationship with the child
prior to his being placed in foster care and (ii) it is in the best interests
of the child that the relationship continue. The order of the court committing
the child to foster care shall state the nature and extent of any visitation
parenting time rights granted as provided in this section.
§ 63.2-1215. Legal effects of adoption.
The birth parents, and the parents by previous adoption, if any,
other than any such parent who is the husband or wife of one of the
petitioners, shall, by final order of adoption, be divested of all legal rights
and obligations in respect to the child including the right to petition any
court for visitation parenting time with the child. Except where
a final order of adoption is entered pursuant to § 63.2-1241, any person whose
interest in the child derives from or through the birth parent or previous
adoptive parent, including but not limited to grandparents, stepparents, former
stepparents, blood relatives and family members shall, by final order of
adoption, be divested of all legal rights and obligations in respect to the
child including the right to petition any court for visitation
parenting time with the child. In all cases the child shall be free from
all legal obligations of obedience and maintenance in respect to such persons
divested of legal rights. Any child adopted under the provisions of this
chapter shall, from and after the entry of the interlocutory order or from and
after the entry of the final order where no such interlocutory order is
entered, be, to all intents and purposes, the child of the person or persons so
adopting him, and, unless and until such interlocutory order or final order is subsequently
revoked, shall be entitled to all the rights and privileges, and subject to all
the obligations, of a child of such person or persons born in lawful wedlock.
An adopted person is the child of an adopting parent, and as such, the adopting
parent shall be entitled to testify in all cases civil and criminal, as if the
adopted child was born of the adopting parent in lawful wedlock.
2. That the provisions of this act shall become effective on July 1, 2017.