Va. Code Ann. § 63.2-917 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 2 / Section 63.2-917
Fostering Futures program; established
Status: in_force

The Fostering Futures program is established to provide services and support to individuals 18 years of age or older but less than 21 years of age who were in foster care upon turning 18 years of age. Such services and support shall be designed to assist the program participant in transitioning to adulthood, becoming self-sufficient, and creating permanent, positive relationships. The program is voluntary and shall at all times recognize and respect the autonomy of the participant. The Fostering Futures program shall not be construed to abrogate any other rights that a person 18 years of age or older may have as an adult under state law.

2020, cc. 95 , 732 .
Va. Code Ann. § 63.2-1924 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 5 / Section 63.2-1924
Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states
Status: in_force

A. As part of every administrative support order directing a noncustodial parent to pay child or child and spousal support or by separate order at any time thereafter, provision shall be made for withholding from the income of the noncustodial parent the amount of the withholding order plus an amount to be applied toward liquidation of arrearages if the noncustodial parent fails to make payments in an amount equal to the support payable for one month. The total amount withheld shall not exceed the maximum amount permitted under § 34-29 .

B. Upon default of an administrative or judicial support order, the Department shall serve notice on the noncustodial parent's employer of the delinquency in accordance with the provisions of § 8.01-296 , 8.01-327 or 8.01-329 or by certified mail or electronic means, including facsimile transmission, for delivery to the noncustodial parent. The notice shall inform the noncustodial parent (i) of the amount that will be withheld, (ii) that the withholding applies to any current or subsequent period of employment, (iii) of the right to contest but that the only basis for contesting the withholding is a mistake of fact, (iv) that a written request to contest the withholding must be made to the Department within 10 days of receipt of the notice, (v) of the actions that will be taken by the Department if a request to contest is noted, which shall include the opportunity to present his objections, which shall be limited to a mistake of fact, to the administrative hearing officer at a hearing held pursuant to § 63.2-1942 , (vi) that a determination on the contest will be made no later than 45 days from the date of service of such notice, and (vii) that payment of overdue support upon receipt of the required notice shall not be a bar to the implementation of withholding.

C. The noncustodial parent's employer shall be issued by first-class or certified mail or by electronic means, including facsimile transmission, an administrative order for withholding of income that shall conform to § 20-79.3 . The rights and responsibilities of an employer with respect to such orders are set out in § 20-79.3 .

D. The Department shall have the authority in the issuance of an administrative order under § 20-79.3 , based on an existing court order, to convert the terms of payment to conform with the obligor's pay period interval. The Department shall utilize the conversion formula established by the Committee on District Courts.

E. Administrative orders for withholding from income shall be promptly terminated or modified by the Department when (i) the obligation to support has been satisfied and arrearages have been paid, (ii) the whereabouts of the child or child and custodial parent become unknown, or (iii) modification is appropriate because of a change in the amount of the obligation.

F. If a court of competent jurisdiction or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security Act, as amended, in any state, territory of the United States or the District of Columbia has ordered a person to pay child or child and spousal support, upon notice and hearing as provided in this section, the Department shall issue an order, conforming to § 20-79.3 , to the noncustodial parent's employer in this Commonwealth to withhold from the income of the noncustodial parent pursuant to a foreign support order in the same manner as provided in this section for administrative orders originating in this Commonwealth. Similar orders of the Department may be enforced in a similar manner in such other state, territory or district.

1985, c. 488, § 63.1-250.3; 1986, c. 594; 1987, cc. 640, 658, 706; 1988, c. 906; 1990, c. 896; 1995, c. 714 ; 1997, cc. 648 , 663 ; 1998, c. 727 ; 2002, c. 747 ; 2003, c. 469 ; 2015, c. 52 ; 2016, c. 29 .
Va. Code Ann. § 63.2-1506.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 1 / Section 63.2-1506.1
Human trafficking assessments by local departments
Status: in_force

A. If a report or complaint is based upon information and allegations that a child is a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22), the local department shall conduct a human trafficking assessment, unless at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506 . If at any time during the human trafficking assessment it is determined that a forensic interview of the child is needed, such interview may be performed by a children's advocacy center within the jurisdiction; however, if an interview with a children's advocacy center within the jurisdiction cannot be completed within 14 days, the forensic interview may be conducted by a children's advocacy center located in another jurisdiction.

B. A human trafficking assessment requires the collection of information necessary to determine:

1. The immediate safety needs of the child;

2. The protective and rehabilitative services needs of the child and the child's family that will deter abuse and neglect; and

3. Risk of future harm to the child.

C. When a local department responds to the report or complaint by conducting a human trafficking assessment, the local department may:

1. Consult with the family to arrange for necessary protective and rehabilitative services to be provided to the child and the child's family;

2. Petition the court for services deemed necessary; or

3. Commence an immediate investigation or family assessment, if at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506 .

D. In the event that the parents or guardians of the child reside in a jurisdiction other than that in which the report or complaint was received, the local department that received the report or complaint and the local department where the child resides with his parents or guardians shall work jointly to complete the human trafficking assessment.

E. Reports or complaints for which a human trafficking assessment is completed shall not be entered into the central registry contained in § 63.2-1515 .

F. The local department or departments shall notify the Child Protective Services Unit within the Department in writing whenever such a human trafficking assessment is conducted.

G. When conducting a human trafficking assessment pursuant to this section, the local department may interview the alleged child victim or his siblings without the consent and outside the presence of such child's or siblings' parent, guardian, legal custodian, or other person standing in loco parentis, or school personnel.

2019, cc. 381 , 687 ; 2020, cc. 6 , 234 ; 2024, cc. 779 , 829 .
Va. Code Ann. § 63.2-911 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-911
Liability insurance for foster parents
Status: in_force

The Department may provide liability insurance for civil matters for persons providing basic foster care services in foster homes, as defined in §§ 63.2-100 and 63.2-905 , that are approved by local boards for children in their custody or children who the board has entered into an agreement to place where legal custody remains with the parents or guardians.

1978, c. 291, § 63.1-56.3; 1994, c. 865 ; 2002, c. 747 .
Va. Code Ann. § 63.2-500 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-500
Definitions
Status: in_force

For purposes of this subtitle, unless the context otherwise clearly requires:

"Agreement" means the written individualized agreement of personal responsibility required by this chapter.

"Case manager" means the worker designated by the local department, a private-sector contractor or a private community-based organization including nonprofit entities, churches, or voluntary organizations that provide case management services.

"Intensive case management" means individualized services provided by a properly trained case manager.

1994, cc. 858 , 951 , § 63.1-133.42; 1995, c. 450 ; 2002, c. 747 .
Va. Code Ann. § 63.2-200 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-200
Department of Social Services created
Status: in_force

The Department of Social Services is hereby created in the executive branch responsible to the Governor. The Department shall be under the supervision and management of the Commissioner of Social Services.

1974, cc. 44, 45, § 63.1-1.1; 1981, c. 21; 2002, c. 747 .
Va. Code Ann. § 63.2-1817 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 2 / Section 63.2-1817
Acceptance and control over children by licensed child-placing agency, children's residential facility or independent foster home
Status: in_force

A licensed child-placing agency, children's residential facility or independent foster home shall have the right to accept, for any purpose not contrary to the limitations contained in its license, such children as may be entrusted or committed to it by the parents, guardians, relatives or other persons having legal custody thereof, or committed by any court of competent jurisdiction. The agency, facility or home shall, within the terms of its license and the agreement or order by which such child is entrusted or committed to its care, have custody and control of every child so entrusted or committed and accepted, until he is lawfully discharged, has been adopted, or has attained his majority. An entrustment agreement for the termination of parental rights and responsibilities with respect to such child shall be executed in writing and notarized.

An agency that is licensed as a child-placing agency by the Department and certified as a proprietary school for students with disabilities by the Department of Education shall not be required to take custody of any child placed in its special education program but shall enter into a placement agreement with the parents or guardian of the child concerning the respective responsibilities of the agency and the parents or guardian for the care and control of the child. Such an agency shall conform with all other legal requirements of licensed child-placing agencies including the provisions of §§ 16.1-281 and 16.1-282 .

A licensed private child-placing agency may accept placement of a child through an agreement with a local department where the local department retains legal custody of the child or where the parents or legal guardian of the child retain legal custody but have entered into a placement agreement with the local department or the public agency designated by the community policy and management team.

Whenever a licensed child-placing agency accepts legal custody of a child, the agency shall comply with §§ 16.1-281 and 16.1-282 .

A children's residential facility licensed as a temporary emergency shelter may accept a child for placement provided that verbal agreement for placement is obtained from the parents, guardians, relatives or other persons having legal custody thereof, within eight hours of the child's arrival at the facility and provided that a written placement agreement is completed and signed by the legal guardian and the facility representative within 24 hours of the child's arrival or by the end of the next business day after the child's arrival.

2002, c. 747 ; 2004, c. 815 .
Va. Code Ann. § 63.2-1904 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 1 / Section 63.2-1904
Administrative support remedies available for individuals not receiving public assistance; fees
Status: in_force

The Department shall make available to those individuals not receiving public assistance, upon receipt of an authorization to seek or enforce a support obligation the same support services provided to recipients of public assistance. These services may include, but are not limited to:

1. Locating noncustodial parents to obtain child support;

2. Establishing paternity;

3. Establishing or modifying child support obligations, that shall include a provision for health care coverage for dependent children of the parents; and

4. Enforcing and collecting child support obligations; however, the only support in arrears that may be enforced by administrative action is (i) arrearages accrued or accruing under a court order or decree or (ii) arrearages on an administrative order accruing from the entry of such administrative order.

No individual shall be required to obtain support services from the Department prior to commencing a judicial proceeding to establish, modify, enforce or collect a child support obligation.

The Board shall charge the following fees:

a. One dollar, upon application for services pursuant to this section. At the option of the Department, the fee may be paid by the Department on behalf of the applicants;

b. Twenty-five dollars, for the cost of reopening a case within six months of requesting case closure; and

c. Thirty-five dollars per federal fiscal year in each case of an obligee who has never received assistance pursuant to the Temporary Assistance for Needy Families program and for whom the Department has collected at least $550 of child support annually. The Department shall collect and retain such fee from the amount of child support collected annually in excess of $550.

The Department is further designated as the public entity responsible for implementing immediate income withholding pursuant to § 466 of the Social Security Act, as amended.

1985, c. 488, § 63.1-250.2; 1986, c. 594; 1988, c. 906; 1992, c. 527; 1995, c. 714 ; 2002, c. 747 ; 2007, cc. 11 , 600 ; 2019, c. 165 .
Va. Code Ann. § 63.2-901 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-901
Supervision of placement of children in homes
Status: in_force

The local director shall supervise the placement in suitable homes of children placed through an agreement with the parents or guardians or entrusted or committed to the local board pursuant to §§ 63.2-900 , 63.2-902 and 63.2-903 .

Code 1950, § 63-89; 1968, c. 578, § 63.1-67.2; 1994, c. 865 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1736 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 5 / Section 63.2-1736
Interagency agreements; cooperation of Department with other departments
Status: in_force

The Department is authorized to enter into interagency agreements with other state agencies to develop and implement regulations. Any state agency identified by the Department as appropriate to include in an interagency agreement shall participate in the development and implementation of the agreement. The Department shall assist and cooperate with other state departments in fulfilling their respective inspection responsibilities and in coordinating the regulations involving inspections. The Board may adopt regulations allowing the Department to so assist and cooperate with other state departments.

1991, c. 532, § 63.1-178.1; 1993, cc. 957, 993; 2002, c. 747 .
Va. Code Ann. § 63.2-329 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-329
Bond of certain employees of local boards
Status: in_force

Every employee duly authorized to certify payments to be made or authorized to draw warrants on the treasurer or other fiscal officer shall, before entering upon the discharge of his duties, enter into a bond with surety to be approved by the judge of the circuit court of the county or city in such sum as the judge may fix, conditioned upon the faithful discharge of his duties. However, such sum shall be at least fifteen percent of the annual gross expenditures of the agency less nonrecurring items. The provisions of this section shall not apply in localities when provision for bonding such employees has been made by their governing bodies and the amount of the bonding equals or exceeds the amounts specified in this section.

Code 1950, § 63-81.1; 1956, c. 415; 1968, c. 578, § 63.1-65; 1984, c. 507; 2002, c. 747 .
Va. Code Ann. § 63.2-1924.1 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 5 / Section 63.2-1924.1
Health care coverage; National Medical Support Notice
Status: in_force

A. All child support orders established and enforced pursuant to this title shall include a provision for health care coverage of dependent children. The Department shall use the National Medical Support Notice (NMSN) to enforce the provision of health care coverage through an employment-related group health plan pursuant to a child support order if available at a reasonable cost, as that term is defined in § 63.2-1900 , unless a court or administrative order stipulates alternative health care coverage to employer-based coverage.

B. The Department shall transfer the NMSN to employers within two business days following the date of entry into the State Directory of New Hires of an employee who is obligated to pay child support or to provide health care coverage pursuant to this title. Employers shall transfer the NMSN to the appropriate group plan providing the health care coverage for each eligible child (excluding the severable Notice to Withhold for Health Care Coverage directing the employer to withhold any mandatory employee contributions to the plan) within twenty business days after the date of the NMSN. The Department, in consultation with the custodial parent, shall promptly select from available plan options when the plan administrator reports that there is more than one option available under the plan.

C. Employers shall withhold any obligation of the employee for employee contribution necessary for coverage of each eligible child and send any amount withheld directly to the plan. An employee obligated for contribution necessary for coverage may contest the withholding based on a mistake of fact. If the employee contests the withholding, the employer shall continue to withhold the obligation necessary for coverage until the employer receives notice that the contest is resolved in favor of the employee.

D. Employers shall notify the Department promptly whenever the employment of a parent ordered to provide health care coverage is terminated in the same manner as required for income withholding pursuant to § 20-79.3 . The Department shall promptly notify an employer when there is no longer a current order for health care coverage in effect for which the Department is responsible.

2002, c. 844 , § 63.1-250.3:1; 2009, c. 713 .
Va. Code Ann. § 63.2-304 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-304
How local board of a city is constituted
Status: in_force

The local board serving a single city shall be, at the discretion of the city council, either a local government official or a local board consisting of five members appointed by the city council of such city in accordance with the provisions of § 63.2-301 . The city council may appoint one of its members to the local board. When a member of the city council who was appointed as a member of the local board ceases to be a member of the city council, his office as a member of the local board shall also be vacated and another member of the city council may be appointed to fill the vacancy.

If a local government official constitutes the local board, he may designate a senior staff person in the local department to act in his behalf, in his absence, with respect to approving, cancelling or changing grants made under the provisions of this title.

Code 1950, § 63-53.1; 1952, c. 409; 1956, c. 126; 1958, c. 195; 1968, c. 578, § 63.1-43; 1977, c. 36; 2002, c. 747 ; 2006, cc. 84 , 158 .
Va. Code Ann. § 63.2-910.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-910.1
Acceptance of children by local departments of social services
Status: in_force

A local department of social services has the authority to take custody of abandoned children, to arrange appropriate placements for abandoned children, including foster care, and to institute proceedings for the termination of parental rights of abandoned children as provided in this title and Title 16.1.

2003, cc. 816 , 822 .
Va. Code Ann. § 63.2-334 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-334
Cooperation with private agencies
Status: in_force

The local director shall foster cooperation between all public and private charitable and social agencies in the county or city to the end that public resources may be conserved and the social services needs of the county or city be adequately met.

Code 1950, § 63-97; 1968, c. 578, § 63.1-67.5; 2002, c. 747 .
Va. Code Ann. § 63.2-1903 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 1 / Section 63.2-1903
Authority to issue certain orders; civil penalty
Status: in_force

A. In the absence of a court order, the Department shall have the authority to issue orders directing the payment of child and child and spousal support and, if available at reasonable cost as defined in § 63.2-1900 , to require a provision for health care coverage, including Department-sponsored health care coverage, or cash medical support, or both, for dependent children of the parents, which shall include the requirements specified for employers pursuant to subdivision B 5 of § 20-79.3 . The Department shall have the authority to make available Department-sponsored health care coverage for children receiving child support services from the Department. If it appears that the gross income of the custodial parent of the dependent child is equal to or less than 200 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, the Department shall refer the dependent child to the Family Access to Medical Insurance Security plan pursuant to § 32.1-351 . However, prior to referring the dependent child to the Family Access to Medical Insurance Security plan, the Department shall confirm that neither parent has access to health care coverage at a reasonable cost for the dependent child. If a child is enrolled in Department-sponsored health care coverage, the Department shall collect the cost of the coverage pursuant to subsection E of § 20-108.2 .

In ordering the payment of child support, the Department shall set such support at the amount resulting from computation pursuant to the guideline set out in § 20-108.2 , subject to the provisions of § 63.2-1918 .

B. When a payee no longer has physical custody of a child, the Department shall have the authority to redirect child support payments to a custodial parent who has physical custody of the child when an assignment of rights has been made to the Department or an application for services has been made by such custodial parent with the Division of Child Support Enforcement.

C. The Department shall have the authority, upon notice from the Department of Medical Assistance Services, to use any existing enforcement mechanisms provided by this chapter to collect the wages, salary, or other employment income or to withhold amounts from state tax refunds of any obligor who has not used payments received from a third party to reimburse, as appropriate, either the other parent of such child or the provider of such services, to the extent necessary to reimburse the Department of Medical Assistance Services.

D. The Department may order the obligor and payee to notify each other or the Department upon request of current gross income as defined in § 20-108.2 and any other pertinent information that may affect child support amounts. For good cause shown, the Department may order that such information be provided to the Department and made available to the parties for inspection in lieu of the parties' providing such information directly to each other. The Department shall record the social security number of each party or control number issued to a party by the Department of Motor Vehicles pursuant to § 46.2-342 in the Department's file of the case.

E. The Department shall develop procedures governing the method and timing of periodic review and adjustment of child support orders established or enforced or both pursuant to Title IV-D of the Social Security Act, as amended. If there is an assignment under Title IV-A of the Social Security Act or at the request of either parent subject to the order, the Department shall initiate a review of such order every three years without requiring proof or showing of a change in circumstances and shall initiate appropriate action to adjust such order in accordance with the provisions of § 20-108.2 and subject to the provisions of § 63.2-1918 .

F. In order to provide essential information for whatever establishment or enforcement actions are necessary for the collection of child support, the Commissioner, the Director of the Division of Child Support Enforcement, and district managers of Division of Child Support Enforcement offices shall have the right to (i) subpoena financial records of, or other information relating to, the noncustodial parent and obligee from any person, firm, corporation, association, or political subdivision or department of the Commonwealth and (ii) summons the noncustodial parent and obligee to appear in the Division's offices. The Commissioner, Director, and district managers may also subpoena copies of state and federal income tax returns. The district managers shall be trained in the correct use of the subpoena process prior to exercising subpoena authority. A civil penalty not to exceed $1,000 may be assessed by the Commissioner for a failure to respond to a subpoena issued pursuant to this subsection.

G. In the absence of a court order, the Department may establish an administrative support order on an out-of-state obligor pursuant to subdivision A 8 or 9 of § 8.01-328.1 or § 20-88.35 . The Department may also take action to enforce an administrative or court order on an out-of-state obligor. Service of such actions shall be in accordance with the provisions of § 8.01-296 , 8.01-327 or 8.01-329 or by certified mail, return receipt requested, or electronic means in accordance with § 63.2-1917 .

H. If a support order has been issued in another state but the obligor, the obligee, and the child now live in the Commonwealth, the Department may (i) enforce the order without registration, using all enforcement remedies available under this chapter, and (ii) register the order in the appropriate tribunal of the Commonwealth for enforcement or modification.

1985, c. 488, § 63.1-250.1; 1986, c. 594; 1988, cc. 906, 907; 1989, c. 599; 1990, c. 836; 1991, cc. 651, 694; 1992, c. 716; 1994, cc. 729 , 767 ; 1995, c. 595 ; 1996, cc. 491 , 882 , 925 , 948 ; 1997, cc. 440 , 467 , 794 , 796 , 895 , 898 ; 2002, cc. 747 , 844 ; 2007, c. 600 ; 2009, cc. 125 , 713 ; 2016, c. 29 ; 2020, c. 722 ; 2021, Sp. Sess. I, c. 206 .
Va. Code Ann. § 63.2-1943 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 7 / Section 63.2-1943
Appeal from decision of hearing officer
Status: in_force

An appeal may be taken by filing a written notice of appeal with the clerk of the court having proper jurisdiction to review the decision of the hearing officer. The clerk shall send reasonable notice of such appeal, which shall include the date and time of the hearing, to the appellee or to the Department when, at the request of another state's child support agency, it is acting on behalf of a nonresident obligee. A nonresident obligee for whom the Department is acting is not required to appear at the hearing. Evidence relative to the support obligation may be taken from a nonresident obligee by deposition and presented by the Department at the hearing. Such appeal shall be taken within ten days of receipt of the hearing officer's decision.

From the decision of the hearing officer provided for in clause (iii) of subsection B of § 63.2-1924 , and §§ 63.2-1916 , 63.2-1929 , and 63.2-1942 there shall be an appeal de novo to the juvenile and domestic relations district court of the jurisdiction wherein the appellant resides. If the appellant is a nonresident, venue on appeal shall be where the appellee resides. If both the appellant and the appellee are nonresidents, venue shall be where the property of the obligor is located or where the place of business of the obligor's employer is located; if more than one venue is available, then the appellant shall elect the place of venue.

An appeal shall be to the circuit court with respect to determinations under the Setoff Debt Collection Act pursuant to Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 concerning state income tax overpayments and with respect to federal income tax set-off actions.

1984, c. 652, § 63.1-268.1; 1987, c. 640; 1988, c. 906; 1990, c. 896; 1991, c. 183; 2002, c. 747 .
Va. Code Ann. § 63.2-103 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-103
Confidential records and information concerning child support enforcement
Status: in_force

Any records established pursuant to the provisions of § 63.2-1902 shall be available only for the enforcement of support of children and their caretakers and to the Attorney General, prosecuting attorneys, law-enforcement agencies, courts of competent jurisdiction and agencies in other states engaged in the enforcement of support of children and their caretakers. Information pertaining to actions taken on behalf of recipients of child support services may be disclosed to the recipient and other parties pursuant to Board regulations. The Board shall adopt regulations regarding the release of information to parties involved in administrative proceedings pursuant to Chapter 19 (§ 63.2-1900 et seq.) of this title, taking into account the health and safety of the parties to whom the information is related, and such releases of information shall be permitted, notwithstanding the provisions of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.). Information may also be disclosed to authorized persons, in accordance with 42 U.S.C. § 663, in cases of unlawful taking or restraint of a child.

1988, c. 906, § 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665 ; 1997, cc. 796 , 895 ; 2001, c. 573 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1956 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1956
Release of excess funds to debtor
Status: in_force

Whenever any person, firm, corporation, association, political subdivision or department of the Commonwealth has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department plus $100, such person, firm, corporation, association, political subdivision or department of the Commonwealth may, without liability under this chapter, release such excess to the debtor.

1974, c. 413, § 63.1-259; 2002, c. 747 .
Va. Code Ann. § 63.2-1721.1 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 3 / Section 63.2-1721.1
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-1242.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 4.1 / Section 63.2-1242.1
Relative adoption
Status: in_force

A. For the purposes of this chapter, a "close relative placement" shall be an adoption by the child's grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, adult great uncle or great aunt, stepparent, adult stepbrother or stepsisters, or other adult relatives of the child by marriage or adoption.

B. In a close relative placement the court may accept the written and signed consent of the birth parent(s) that is signed under oath and acknowledged by an officer authorized by law to take such acknowledgments.

2006, cc. 825 , 848 ; 2019, c. 377 .
Va. Code Ann. § 63.2-400 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-400
Local appropriation
Status: in_force

The governing body of each county and city shall each year appropriate sums of money sufficient to provide for the payment of public assistance and to provide social services, including cost of administration, under the provisions of Subtitles II and III of this title, within such county or city. Such governing bodies may also appropriate sums of money sufficient to provide for the full range of public assistance and social services for children and adults as may be required by federal legislation for reimbursement thereunder. The respective governing bodies of the counties and cities shall also appropriate sums of money as shall be sufficient to provide for the foster care of children in the custody or under the supervision of the local boards.

Code 1950, § 63-105; 1956, c. 641; 1958, c. 388; 1968, cc. 578, 666, § 63.1-91; 2002, c. 747 .
Va. Code Ann. § 63.2-1201.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1201.1
Previously married persons who stood in loco parentis during the time of the marriage may adopt in the same manner as married persons
Status: in_force

A. Persons previously married to each other who stood in loco parentis to a child during their marriage to each other, and who could have adopted or readopted the child pursuant to this chapter while married to each other, but whose marriage is void, has been annulled, or has dissolved, may adopt or readopt the child pursuant to the provisions in this chapter that are applicable to married persons.

B. An individual previously married to a parent of a child by birth or adoption, and who stood in loco parentis to that child during the marriage, and who could have adopted the child pursuant to § 63.2-1241 during the marriage, may, with the consent of the prior spouse who is a parent of the child by birth or adoption, adopt the child, after the marriage has been dissolved, annulled, or voided, pursuant to the provisions of this chapter that are applicable to step-parents.

C. Any person or persons seeking to adopt or readopt pursuant to this section may be permitted to do so even if they have remarried.

D. Nothing in this section shall be construed to permit any child to have more than two living parents by birth or adoption who have legal rights and obligations in respect to the child.

2008, c. 868 ; 2024, c. 90 .
Va. Code Ann. § 63.2-919 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 2 / Section 63.2-919
Fostering Futures program; eligibility
Status: in_force

The Fostering Futures program is available, on a voluntary basis, to an individual between 18 and 21 years of age who:

1. Was (i) in the custody of a local department immediately prior to reaching 18 years of age, remained in foster care upon turning 18 years of age, and entered foster care pursuant to a court order; or (ii) in the custody of a local department immediately prior to commitment to the Department of Juvenile Justice and is transitioning from such commitment to self-sufficiency; and

2. Is (i) completing secondary education or an equivalent credential; (ii) enrolled in an institution that provides postsecondary or vocational education; (iii) employed for at least 80 hours per month; (iv) participating in a program or activity designed to promote employment or remove barriers to employment; or (v) incapable of doing any of the activities described in clauses (i) through (iv) due to a medical condition, which incapability is supported by regularly updated information in the program participant's case plan.

2020, cc. 95 , 732 .
Va. Code Ann. § 63.2-621 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-621
Restrictions on use of TANF cash assistance
Status: in_force

Recipients of TANF benefits pursuant to this chapter shall not access TANF cash benefits through an electronic benefit transaction (i) for the purchase of alcoholic beverages, tobacco products, lottery tickets, or sexually explicit visual materials as defined in § 18.2-374.1 ; (ii) in any transaction in any (a) government store established for the sale of alcoholic beverages, (b) establishment in which pari-mutuel wagering or charitable gaming is conducted, or (c) establishment in which tattooing or body-piercing, as defined in § 54.1-700 , is performed for hire or consideration; or (iii) in any establishment that provides adult-oriented entertainment in which performers or other individuals connected with the business appear nude or partially nude.

2013, cc. 160 , 733 .
Va. Code Ann. § 63.2-912 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-912
Visitation of child placed in foster care
Status: in_force

The circuit courts and juvenile and domestic relations district courts shall have the authority to grant visitation 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 rights granted as provided in this section.

1985, c. 583, § 63.1-204.1; 2002, c. 747 ; 2008, c. 188 .
Va. Code Ann. § 63.2-1236 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1236
Duty of Department to disseminate information
Status: in_force

The Department shall develop and disseminate information to the public regarding the provisions of parental placement adoptions, including the desirability of initiating the procedures required by § 63.2-1232 as early in the placement and adoption process as possible to ensure that birth parents are aware of the provisions of this law and begin required procedures in a timely manner.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.43; 2002, c. 747 .
Va. Code Ann. § 63.2-505.2 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-505.2
Eligibility for food stamps; drug-related felonies
Status: in_force

A person who is otherwise eligible to receive food stamp benefits shall be exempt from the application of § 115(a) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony.

2005, c. 576 ; 2020, cc. 221 , 361 .
Va. Code Ann. § 63.2-1231 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1231
Home study; meeting required; exception
Status: in_force

A. Prior to the consent hearing in the juvenile and domestic relations district court, a home study of the adoptive parent(s) shall be completed by a licensed or duly authorized child-placing agency and the prospective adoptive parents shall be informed that information about shaken baby syndrome, its effects, and resources for help and support for caretakers is available on a website maintained by the Department in accordance with regulations adopted by the Board. Home studies by local boards or licensed child-placing agencies shall be conducted in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department. All home studies, including all related approval documentation other than background checks, conducted pursuant to this section, whether by a local board or a licensed child-placing agency, shall be transferable between all localities, local boards, and licensed child-placing agencies within the Commonwealth at the request of the prospective adoptive parent, subject to any time limitations set forth in subsection B and any other requirements imposed by law or regulation.

All home studies conducted pursuant to this section, whether by a local board or a child-placing agency, shall make inquiry as to (i) whether the prospective adoptive parents are financially able, morally suitable, and in satisfactory physical and mental health to enable them to care for the child; (ii) the physical and mental condition of the child, if known; (iii) the circumstances under which the child came to live, or will be living, in the home of the prospective adoptive family, as applicable; (iv) what fees have been paid by the prospective adoptive family or in their behalf in the placement and adoption of the child; (v) whether the requirements of subdivisions A 1, 2, 3, and 5 of § 63.2-1232 have been met; and (vi) any other matters specified by the circuit court. In the course of the home study, the agency social worker, family-services specialist, or other qualified equivalent worker shall meet at least once with the birth parent(s) and at least once with the prospective adoptive parents. Upon agreement of both parties, such meetings may occur simultaneously or separately.

B. Any home study conducted pursuant to this section for the purpose of parental placement or agency placement shall be valid for a period of 36 months from the date of completion of the study. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.38; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2007, c. 808 ; 2008, c. 494 ; 2010, c. 551 ; 2014, c. 285 ; 2017, c. 193 ; 2023, c. 340 .
Va. Code Ann. § 63.2-405 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-405
Provisions for determination of eligibility for medical care and medical assistance; provision of social services; regulations
Status: in_force

A. The Commissioner shall, in compliance with the state plan for medical assistance services, applicable regulations of the Board and other state and federal law, provide for the determination of eligibility for medical care and medical assistance and social services required for (i) state participation under Public Law 97 of the 89th Congress of the United States, approved July 30, 1965, as amended, and regulations of the Department of Health and Human Services; and (ii) other state and federal programs. The Commissioner, subject to the state plan for medical assistance services, applicable regulations of the Board and other state and federal law, may establish policies, in the form of guidance documents, necessary to implement such functions, including safeguarding information concerning applicants and recipients. An application for medical assistance services for a person admitted to a State Veterans Care Center located in the Commonwealth may be filed and processed in the jurisdiction where such Care Center is located.

B. The Commissioner for Aging and Rehabilitative Services shall provide for the determination of eligibility for participation in the Auxiliary Grant Program set forth in Article 9 (§ 51.5-159 et seq.) of Chapter 14 of Title 51.5.

1970, c. 721, § 63.1-97.1; 1974, cc. 44, 45; 1984, c. 498; 1996, c. 511 ; 2002, c. 747 ; 2004, c. 305 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-2100 — Virginia Code / Title 63.2 / Subtitle VI / Chapter 21 / Section 63.2-2100
Family and Children's Trust Fund; public purpose; exempt from taxation
Status: in_force

A. There is hereby created the Family and Children's Trust Fund (the Trust Fund). The exercise of powers granted under this chapter shall be in all respects for the benefit of the citizens of the Commonwealth and for the support and development of services for the prevention and treatment of child abuse and neglect and violence within families. This goal shall be achieved through public and private collaboration.

B. The Trust Fund will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. Gifts, contributions, grants, devises, and bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund, shall be deemed to be gifts to the Commonwealth, which shall be exempt from all state and local taxes, and shall be regarded as the property of the Commonwealth for the purposes of all tax laws.

1986, c. 416, § 63.1-326; 2002, c. 747 ; 2012, cc. 803 , 835 ; 2016, cc. 110 , 627 .
Va. Code Ann. § 63.2-2103 — Virginia Code / Title 63.2 / Subtitle VI / Chapter 21 / Section 63.2-2103
Management of the Family and Children's Trust Fund; counsel
Status: in_force

A. All funds received by the Family and Children's Trust Fund shall be paid to the treasury of Virginia, which shall be custodian of the Family and Children's Trust Fund. Such funds shall be set aside as a separate fund and shall be managed by the Treasurer of Virginia at the discretion of the Board of Trustees. The net earnings of the Trust Fund shall not inure to the benefit of any private person or entity, except that the Board of Trustees may authorize payment of reasonable compensation for goods provided and services rendered and may authorize disbursements in furtherance of the purpose set forth in § 63.2-2100 . The Trust Fund or Board of Trustees shall not carry on propaganda, or otherwise attempt, to influence legislation as a substantial part of its activities; and it shall not participate or intervene, by publishing or distributing statements or by other means, in any political campaign on behalf of any candidate for public office. If the Trust Fund is dissolved, any assets remaining after payment, or provision for payment, of all claims against it shall be distributed to the Commonwealth for public purposes.

B. Legal services for the Board of Trustees shall be provided by the Attorney General in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2.

1986, c. 416, § 63.1-330; 2002, c. 747 ; 2024, c. 427 .
Va. Code Ann. § 63.2-1606.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 2 / Section 63.2-1606.1
Photographs, X-rays and medical imaging of incapacitated persons; use as evidence
Status: in_force

In any case of suspected abuse of an incapacitated person, photographs, X-rays and appropriate medical imaging of such incapacitated person may be taken as a part of the medical evaluation without the consent of the person responsible for the incapacitated person. Such images shall not be used in lieu of medical evaluation.

Such photographs, X-rays and medical imaging may be introduced into evidence in any civil or criminal proceeding. The court receiving such evidence may impose such restrictions as to the confidentiality of photographs, X-rays and medical imaging of any incapacitated person as it deems appropriate.

2013, cc. 442 , 464 .
Va. Code Ann. § 63.2-1521 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1521
Testimony by child using two-way closed-circuit television
Status: in_force

A. In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241 , 16.1-251 , 16.1-252 , 16.1-253 , 16.1-253.1 , 16.1-253.4 , 16.1-278.14 , 16.1-279.1 , 16.1-283 , or 20-107.2 , the child's attorney or guardian ad litem or, if the child has been committed to the custody of a local department, the attorney for the local department may apply for an order from the court that the testimony of the alleged victim or of a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The person seeking such order shall apply for the order at least seven days before the trial date.

B. The provisions of this section shall apply to the following:

1. An alleged victim who was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the trial; and

2. Any child witness who is 14 years of age or under at the time of the trial.

C. The court may order that the testimony of the child be taken by closed-circuit television as provided in subsections A and B if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:

1. The child's persistent refusal to testify despite judicial requests to do so;

2. The child's substantial inability to communicate about the offense; or

3. The substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.

Any ruling on the child's unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.

D. In any proceeding in which closed-circuit television is used to receive testimony, the attorney for the child and the defendant's attorney and, if the child has been committed to the custody of a local board, the attorney for the local board shall be present in the room with the child, and the child shall be subject to direct and cross examination. The only other persons allowed to be present in the room with the child during his testimony shall be the guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

E. The child's testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.

1988, c. 845, § 63.1-248.13:1; 1999, c. 668 ; 2002, c. 747 ; 2018, c. 564 .
Va. Code Ann. § 63.2-212 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-212
Employment of agents and employees
Status: in_force

The Commissioner may, subject to the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, employ or authorize the employment of such agents and employees as may be needed by the Commissioner and the Department in the exercise of the functions, duties and powers conferred and imposed by law upon him and the Department, and in order to effect a proper organization and to carry out its duties.

Code 1950, § 63-10; 1968, cc. 578, 670, § 63.1-10; 1981, c. 21; 2002, c. 747 .
Va. Code Ann. § 63.2-321 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-321
Interest in and cooperation for public assistance and social services; directing local director
Status: in_force

It shall be the duty of each local board to interest itself in all matters pertaining to the public assistance and social services needed by people of the political subdivision or subdivisions served by the local department, to direct the activities of the local director and to cooperate with the juvenile and domestic relations courts and all other agencies operating for the social betterment of the community.

Code 1950, § 63-72; 1952, c. 409; 1968, c. 578, § 63.1-57.1; 2002, c. 747 .
Va. Code Ann. § 63.2-1535 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 7 / Section 63.2-1535
Termination of the parental child safety placement agreement and the alternative living arrangement
Status: in_force

A. Prior to the conclusion of a parental child safety placement agreement, the local department shall reassess the safety of the child if the child were to be returned home.

B. If it is determined that the child can be safely returned home prior to or at the conclusion of the parental child safety placement agreement, the local department shall develop a safety plan with the child's parent, guardian, or legal custodian and the caregiver for the safe return of the child to the child's parent, guardian, or legal custodian or to another legal custodian. The local department may take the following actions if it is determined that continued services are required for the child to safely return home:

1. Maintain an open In-Home Services case for continued services with the agreement of the child's parent, guardian, or legal custodian; or

2. Seek a child protective order or other court action to order continued services if the child's parent, guardian, or legal custodian does not agree to the In-Home Services case remaining open for continued services.

C. If it is determined that the child cannot be safely returned home at the conclusion of the parental child safety placement agreement, the local department shall seek removal of the child from the child's parent, guardian, or legal custodian, upon a petition alleging abuse or neglect pursuant to § 16.1-251 or 16.1-252 .

1. Prior to the first court hearing, the local department shall make reasonable efforts to convene a facilitated meeting that includes the child's parent, guardian, or legal custodian, the caregiver, and the child, if 12 years of age or older, to collaboratively develop an alternate living arrangement service plan. During such meeting, the local department shall notify the child's parent, guardian, or legal custodian and the caregiver of all possible options for the care of the child, to include foster care, kinship foster care, and the transfer of temporary custody to the caregiver.

2. If the court orders temporary custody of the child to the caregiver, the local department may continue to provide services to the caregiver and child through an In-Home Services case, consistent with the alternate living arrangement service plan. At the dispositional hearing of the local department's petition, if the child cannot be safely returned to the child's parent, guardian, or legal custodian, the local department shall either:

a. If reunification of the child with the child's parent, guardian, or legal custodian remains the plan, request that the court continue temporary custody of the child with the caregiver, if appropriate, and enter such terms and conditions that would promote the child's interest and welfare, provide ongoing services to the family, and provide for further court review of the child's placement in accordance with the court's authority in subdivision A 1 of § 16.1-278.2 ; or

b. If reunification of the child with the child's parent, guardian, or legal custodian is no longer the plan, request the court to enter a final order of custody to the caregiver. If further services are necessary to ensure the child's safety and welfare with the caregiver, the local department may keep the case open as an In-Home Services case until stability for the child is achieved.

3. If the court denies the removal of the child, the local department shall seek a child protective order to provide continued services for the child and the child's parent, guardian, or legal custodian to ensure the child's safety and welfare. If the child protective order is granted, the case shall remain open as an In-Home Services case.

4. The alternate living arrangement service plan shall include provisions describing the following:

a. The facts and circumstances that provide the basis for the safety assessment indicating that the child cannot remain safely in the home;

b. The responsibilities of the child's parent, guardian, or legal custodian and the caregiver;

c. Visitation arrangements for the child's parent, guardian, or legal custodian and conditions under which and methods by which the child's parent, guardian, or legal custodian may contact the child;

d. The responsibilities of the local department, including any services to be provided to the child, the child's parent, guardian, or legal custodian, and the caregiver; and

e. Any other term the local department determines necessary for the safety and welfare of the child.

2024, cc. 629 , 662 .
Va. Code Ann. § 63.2-1201 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1201
Filing of petition for adoption; venue; jurisdiction; and proceedings
Status: in_force

Proceedings for the adoption of a minor child and for a change of name of such child shall be instituted only by petition to a circuit court in the county or city in which the petitioner resides, in the county or city in which the child-placing agency that placed the child is located, or in the county or city in which a birth parent executed a consent pursuant to § 63.2-1233 . Such petition may be filed by any natural person who resides in the Commonwealth, or who has custody of a child placed by a child-placing agency of the Commonwealth, or by an adopting parent of a child who was subject to a consent proceeding held pursuant to § 63.2-1233 , or by intended parents who are parties to a surrogacy contract. The petition shall ask leave to adopt a minor child not legally the petitioner's by birth and, if it is so desired by the petitioner, also to change the name of such child. In the case of married persons, or persons who were previously married who are permitted to adopt a child under § 63.2-1201.1 , the petition shall be the joint petition of the husband and wife or former spouses but, in the event the child to be adopted is legally the child by birth or adoption of one of the petitioners, such petitioner shall unite in the petition for the purpose of indicating consent to the prayer thereof only. If any procedural provision of this chapter applies to only one of the adoptive parents, then the court may waive the application of the procedural provision for the spouse of the adoptive parent to whom the provision applies. The petition shall contain a full disclosure of the circumstances under which the child came to live, and is living, in the home of the petitioner. Each petition for adoption shall be signed by the petitioner as well as by counsel of record, if any. In any case in which the petition seeks the entry of an adoption order without referral for investigation, the petition shall be under oath.

A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents, and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.

The petition for adoption, except those filed pursuant to subdivisions 4 and 5 of § 63.2-1210 , shall include an additional $50 filing fee that shall be used to fund the Virginia Birth Father Registry established in Article 7 (§ 63.2-1249 et seq.) of this chapter.

A petition filed while the child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption. Any final order of adoption entered pursuant to § 63.2-1213 after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the circuit court provided the court has obtained the consent of the adoptee.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63 .1-219.9; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2007, cc. 606 , 623 ; 2008, cc. 116 , 868 ; 2009, c. 805 ; 2017, c. 200 ; 2022, c. 377 .
Va. Code Ann. § 63.2-607.1 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-607.1
Eligibility for TANF; drug-related felonies
Status: in_force

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of § 115(a)(1) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony.

2020, cc. 221 , 361 .
Va. Code Ann. § 63.2-1900 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 1 / Section 63.2-1900
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Administrative order" or "administrative support order" means a noncourt-ordered legally enforceable support obligation having the force and effect of a support order established by the court.

"Assignment of rights" means the legal procedure whereby an individual assigns support rights to the Commonwealth on behalf of a dependent child or spouse and dependent child.

"Authorization to seek or enforce a support obligation" means a signed authorization to the Commonwealth to seek or enforce support on behalf of a dependent child or a spouse and dependent child or on behalf of a person deemed to have submitted an application by operation of law.

"Cash medical support" means the proportional amount the court or the Department shall order both parents to pay toward reasonable and necessary unreimbursed medical or dental expenses pursuant to subsection D of § 20-108.2 .

"Court order" means any judgment or order of any court having jurisdiction to order payment of support or an order of a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support moneys.

"Custodial parent" means the natural or adoptive parent with whom the child resides; a stepparent or other person who has physical custody of the child and with whom the child resides; or a local board that has legal custody of a child in foster care.

"Debt" means the total unpaid support obligation established by court order, administrative process or by the payment of public assistance and owed by a noncustodial parent to either the Commonwealth or to his dependent(s).

"Department-sponsored health care coverage" means any health care coverage that the Department may make available through a private contractor for children receiving child support services from the Department.

"Dependent child" means any person who meets the eligibility criteria set forth in § 63.2-602 , whose support rights have been assigned or whose authorization to seek or enforce a support obligation has been given to the Commonwealth and whose support is required by Titles 16.1 and 20.

"Electronic means" means service of a required notice by the Department through its secure online child support portal to any person who has agreed to accept service through the portal and has created a user account. The portal shall record and maintain the date and time service is accepted by the user.

"Employee" means any individual receiving income.

"Employer" means the source of any income.

"Financial institution" means a depository institution, an institution-affiliated party, any federal credit union or state credit union including an institution-affiliated party of such a credit union, and any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the Commonwealth.

"Financial records" includes, but is not limited to, records held by employers showing income, profit sharing contributions and benefits paid or payable and records held by financial institutions, broker-dealers and other institutions and entities showing bank accounts, IRA and separate contributions, gross winnings, dividends, interest, distributive share, stocks, bonds, agricultural subsidies, royalties, prizes and awards held for or due and payable to a responsible person.

"Foreign support order" means any order issued outside of the Commonwealth by a court or tribunal as defined in § 20-88.32 .

"Health care coverage" means any plan providing hospital, medical or surgical care coverage for dependent children provided such coverage is available and can be obtained by a parent, parents, or a parent's spouse at a reasonable cost.

"Income" means any periodic or other form of payment due an individual from any source and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, payments pursuant to a pension or retirement program, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, net rental income, gifts, prizes or awards.

"Independent contractor" means an individual who (i) provides any service performed for remuneration or under any contract of hire, written or oral, express or implied, and (ii) is not an employee pursuant to the definition of "employment" in § 60.2-212 .

"Mistake of fact" means an error in the identity of the payor or the amount of current support or arrearage.

"Net income" means that income remaining after the following deductions have been taken from gross income: federal income tax, state income tax, federal income compensation act benefits, any union dues where collection thereof is required under federal law, and any other amounts required by law.

"Noncustodial parent" means a responsible person who is or may be obligated under Virginia law for support of a dependent child or child's caretaker.

"Obligee" means (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered, (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee, or (iii) an individual seeking a judgment determining parentage of the individual's child.

"Obligor" means an individual, or the estate of a decedent, who (i) owes or is alleged to owe a duty of support, (ii) is alleged but has not been adjudicated to be a parent of a child, or (iii) is liable under a support order.

"Payee" means any person to whom spousal or child support is to be paid.

"Reasonable cost" pertaining to health care coverage for dependent children means available, in an amount not to exceed five percent of the gross income of the parent responsible for providing health care coverage, and accessible through employers, unions or other groups, or Department-sponsored health care coverage, without regard to service delivery mechanism; unless the court deems otherwise in the best interests of the child, including where the only health care coverage available exceeds five percent, or by agreement of the parties.

1974, c. 413, § 63.1-250; 1975, cc. 311, 596; 1976, c. 357; 1983, c. 66; 1985, c. 488; 1986, c. 594; 1988, c. 906; 1991, cc. 651, 694; 1997, cc. 796 , 895 ; 1998, c. 727 ; 2002, cc. 747 , 844 ; 2007, c. 600 ; 2009, c. 713 ; 2010, c. 243 ; 2016, c. 29 ; 2020, cc. 213 , 722 .
Va. Code Ann. § 63.2-1939 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1939
Commissioner may make demand, file and serve liens, when payments appear in jeopardy
Status: in_force

If the Commissioner finds that the collection of any support debt based upon subrogation to or authorization to enforce the amount of support ordered by any court order or decree of divorce is in jeopardy, he may make demand under § 63.2-1916 for immediate payment of the support debt. Upon failure or refusal immediately to pay such support debt, he may file and serve liens pursuant to §§ 63.2-1927 and 63.2-1928 , without regard to the ten-day period provided for in § 63.2-1916 . However, no further action under §§ 63.2-1929 , 63.2-1933 and 63.2-1934 may be taken until the notice requirements of § 63.2-1916 are met.

1974, c. 413, § 63.1-266; 1976, c. 357; 1988, c. 906; 2002, c. 747 .
Va. Code Ann. § 63.2-1226 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 2 / Section 63.2-1226
When birth parents recommend adoptive parents
Status: in_force

When a licensed child-placing agency or a local board is requested to accept custody of a child for the purpose of placing the child with adoptive parent(s) recommended by the birth parent(s) or a person other than a licensed child-placing agency or local board, either the parental placement adoption provisions or the agency adoption provisions of this chapter shall apply to such placement at the election of the birth parent(s). Such agency or local board shall provide information to the birth parent(s) regarding the parental placement adoption and agency adoption provisions and shall provide the birth parent the opportunity to be represented by independent legal counsel as well as counseling with a social worker, family-services specialist, or other qualified equivalent worker. No person shall charge, pay, give, or agree to give or accept any money, property, services, or other thing of value in connection with such adoption except as provided in § 63.2-1218 .

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.33; 2002, c. 747 ; 2006, cc. 654 , 825 ; 2007, cc. 606 , 623 ; 2014, c. 285 .
Va. Code Ann. § 63.2-1220.01 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1220.01
Foreign adoptions; establishment of date of birth
Status: in_force

A circuit court may, as part of a proceeding for the adoption of a child born in a foreign country or upon petition to amend a certificate of birth for a person born in a foreign country, correct or establish a date of birth for such person. In cases in which adoptive parents are unable to ascertain the date of birth of the child or in which medical evidence indicates that the stated date of birth of the child is incorrect, the court may establish a corrected date of birth based on medical evidence of the child's actual age and the State Registrar of Vital Records shall issue a certificate of birth pursuant to § 32.1-261 showing the date of birth established by the court.

2012, c. 424 .
Va. Code Ann. § 63.2-1250 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 7 / Section 63.2-1250
Registration; notice; form
Status: in_force

A. Any man who has engaged in sexual intercourse with a woman is deemed to be on legal notice that a child may be conceived and that the man is entitled to all legal rights and obligations resulting therefrom. Lack of knowledge of the pregnancy does not excuse failure to timely register with the Virginia Birth Father Registry.

B. A man who desires to be notified of a placement of a child by a local board pursuant to § 63.2-900 , a proceeding for adoption, or a proceeding for termination of parental rights regarding a child that he may have fathered shall register with the Virginia Birth Father Registry.

C. Failure to timely register with the Virginia Birth Father Registry shall waive all rights of a man who is not acknowledged to be, presumed to be, or adjudicated the father to withhold consent to an adoption proceeding unless the man was led to believe through the birth mother's misrepresentation that (i) the pregnancy was terminated or the mother miscarried when in fact the baby was born or (ii) the child died when in fact the child is alive. Upon discovery of the misrepresentation, the man shall register with the Virginia Birth Father Registry within 10 days; however, registration with the Virginia Birth Father Registry shall be untimely if 180 days have elapsed from the date the circuit court entered the final order of adoption.

D. A man will not prejudice any rights by failing to register if:

1. A father-child relationship between the man and the child has been established pursuant to § 20-49.1 , 20-49.8 , or if the man is a presumed father as defined in § 63.2-1202 ; or

2. The man commences a proceeding to adjudicate his paternity before a petition to accept consent or waive adoption consent is filed in the juvenile and domestic relations district court, or before a petition for adoption or a petition for the termination of his parental rights is filed with the court.

E. Registration is timely if it is received by the Department within 10 days of the child's birth unless the time specified in subsection C or F applies. Registration is complete when the signed registration form is first received by the Department. The signed registration form shall be submitted in the manner prescribed by the Department.

F. In the event that the identity and whereabouts of the birth father are reasonably ascertainable, the child-placing agency or adoptive parents shall give written notice to the birth father of the existence of an adoption plan and the availability of registration with the Virginia Birth Father Registry. Such written notice shall be provided by personal service, certified mailing with proof of service, or express mailing with proof of delivery to the birth father's last known address. Registration is timely if the signed registration form is received by the Department within 10 days of personal service of the written notice or within 13 days of the certified or express mailing date of the written notice. The personal service or certified or express mailing may be completed either prior to or after the birth of the child. When written notice is provided to a putative father before the birth of the child, the putative father's registration with the Virginia Birth Father Registry shall be untimely if received by the Department more than 10 days after personal service of the written notice or more than 13 days after the certified or express mailing date of the written notice, whichever occurs first.

G. The child-placing agency or adoptive parent(s) shall give notice to a registrant who has timely registered of a placement of a child by a local board pursuant to § 63.2-900 , a proceeding for adoption, or a proceeding for termination of parental rights regarding a child. Notice shall be given pursuant to the requirements of this chapter or § 16.1-277.01 for the appropriate adoption proceeding.

H. 1. The Department shall prepare a form for registering with the agency that shall require (i) the registrant's name, date of birth and social security number; (ii) the registrant's driver's license number and state of issuance; (iii) the registrant's home address, telephone number, and employer; (iv) the name, date of birth, ethnicity, address, and telephone number of the putative mother, if known; (v) the state of conception; (vi) the place and date of birth of the child, if known; (vii) the name and gender of the child, if known; and (viii) the signature of the registrant. No form for registering with the Virginia Birth Father Registry shall be complete unless signed by the registrant and the signed registration form is received by the Department in the manner prescribed by the Department.

2. The form shall also state that (i) timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights, (ii) registration does not commence a proceeding to establish paternity, (iii) the information disclosed on the form may be used against the registrant to establish paternity, (iv) services to assist in establishing paternity are available to the registrant through the Department, (v) the registrant should also register in another state if conception or birth of the child occurred in another state, (vi) information on registries of other states may be available from the Department, (vii) the form is signed under penalty of perjury, and (viii) procedures exist to rescind the registration of a claim of paternity.

3. A registrant shall promptly notify the Virginia Birth Father Registry of any change in information, including change of address. The Department shall incorporate all updated information received into its records but is not required to request or otherwise pursue current or updated information for incorporation in the registry.

2006, c. 825 ; 2009, c. 805 ; 2012, c. 424 ; 2015, c. 531 ; 2017, c. 200 ; 2022, c. 377 .
Va. Code Ann. § 63.2-908 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-908
Permanent foster care placement
Status: in_force

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 who is 16 years of age or older 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 21 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 an institution of higher education, 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 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.

1977, c. 559, § 63.1-206.1; 1978, c. 671; 1984, c. 70; 2002, c. 747 ; 2016, c. 631 .
Va. Code Ann. § 63.2-101 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-101
Authority of Department to request and receive information from other agencies; use of information so obtained; provide access to information for medical assistance eligibility purposes
Status: in_force

A. The Department may request and shall receive from the records of all departments, boards, bureaus or other agencies of this Commonwealth and of other states such information as is necessary for the purpose of carrying out the provisions and programs of this title, and the same are authorized to provide such information; provided that, a written statement from the requesting party stating the reason for seeking such record is submitted and filed with the record sought. The Department may make such information available only to public officials and agencies of this Commonwealth, and other states, and political subdivisions of this Commonwealth and other states, where the request for information relates to administration of the various public assistance or social services programs.

B. The Department shall provide, to the Department of Medical Assistance Services and to certain entities approved by the Board of Medical Assistance Services, access to information regarding a medical assistance applicant's receipt of public assistance from programs administered by the Department. Such access shall be limited to information necessary to determine an individual's eligibility for medical assistance services and to the extent specified in a memorandum of understanding between the Department and the Department of Medical Assistance Services.

1975, c. 9, § 63.1-1.1:1; 1981, c. 21; 2002, c. 747 ; 2016, c. 111 .
Va. Code Ann. § 63.2-1507 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 1 / Section 63.2-1507
Cooperation by state entities
Status: in_force

All law-enforcement departments and other state and local departments, agencies, authorities and institutions shall cooperate with each child-protective services coordinator of a local department and any multi-discipline teams in the detection and prevention of child abuse.

1975, c. 341, § 63.1-248.17; 2002, c. 747 .
Va. Code Ann. § 63.2-1708 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 1 / Section 63.2-1708
Records and reports
Status: in_force

Every licensed assisted living facility, licensed adult day center, or licensed child welfare agency shall keep such records and make such reports to the Commissioner as he may require. The forms to be used in the making of such reports shall be prescribed and furnished by the Commissioner.

Code 1950, § 63-240; 1968, c. 578, § 63.1-203; 1978, c. 730; 2000, c. 830 ; 2002, c. 747 ; 2020, cc. 860 , 861 ; 2024, cc. 37 , 150 .
Va. Code Ann. § 63.2-913.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-913.1
Caseload standard
Status: in_force

The Department shall, pursuant to Board regulations, establish a caseload standard that limits the amount of foster care cases that may be assigned to each foster care caseworker. Such caseload standard shall be reviewed and updated, as appropriate, annually on the basis of the time and work necessary to effectively manage each foster care case.

2019, c. 446 .
Va. Code Ann. § 63.2-1719 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 3 / Section 63.2-1719
Barrier crime; construction
Status: in_force

For purposes of this chapter, in the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1996, c. 747 ; 1998, cc. 551 , 581 ; 1999, c. 740 ; 2001, c. 778 ; 2002, c. 747 ; 2003, c. 467 ; 2012, c. 383 ; 2016, c. 580 ; 2017, c. 809 .
Va. Code Ann. § 63.2-207 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-207
Authority to receive grants-in-aid, funds and gifts
Status: in_force

The Commissioner is authorized to receive, for and on behalf of the Commonwealth and its subdivisions, from the United States and agencies thereof, and from any and all other sources, grants-in-aid, funds and gifts, made for the purpose of providing, or to assist in providing, for funds for child welfare services including day care for children, disaster relief and emergency assistance awards, Temporary Assistance for Needy Families, and general relief, or any of them, including expenses of administration. Subject to the written approval of the Governor, the Commissioner is also authorized to receive from all such sources grants-in-aid, funds and gifts made for the purpose of alleviating, treating or preventing poverty, delinquency or other social problems encountered in programs under the supervision or administration of the Commissioner. All such funds shall be paid into the state treasury.

Code 1950, § 63-44; 1962, c. 297; 1964, c. 88; 1966, c. 105; 1968, c. 578, § 63.1-36; 1977, c. 37; 2002, c. 747 .
Va. Code Ann. § 63.2-1602 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 1 / Section 63.2-1602
Other adult services
Status: in_force

Subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5, each local board shall:

1. Participate in nursing home pre-admission screenings of all individuals pursuant to § 32.1-330 ;

2. Provide assisted living facility assessments of residents and applicants pursuant to § 63.2-1804 ;

3. Participate in long-term care service coordination pursuant to § 51.5-138 ;

4. Provide social services or public assistance, as appropriate, to individuals discharged from state hospitals or training centers pursuant to §§ 37.2-505 and 37.2-837 ; and

5. Participate in other programs pursuant to state and federal law.

2002, c. 747 ; 2005, c. 716 ; 2012, cc. 476 , 507 , 803 , 835 .
Va. Code Ann. § 63.2-805 — Virginia Code / Title 63.2 / Subtitle II / Chapter 8 / Section 63.2-805
Home Energy Assistance Program; report; survey
Status: in_force

A. The General Assembly declares that it is the policy of this Commonwealth to support the efforts of public agencies, private utility service providers, and charitable and community groups seeking to assist low-income Virginians in meeting their residential energy needs. To this end, the Department is designated as the state agency responsible for coordinating state efforts in this regard.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Home Energy Assistance Fund, hereinafter the "Fund." Moneys in the Fund shall be used to:

1. Supplement the assistance provided through the Department's administration of the federal Low-Income Home Energy Assistance Program Block Grant; and

2. Assist the Commonwealth in maximizing the amount of federal funds available under the Low-Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund-matching requirements, and by means of leveraging in accordance with the rules set by the Home Energy Assistance Program.

The Fund shall be established on the books of the Comptroller. The Fund shall consist of donations and contributions to the Fund and such moneys as shall be appropriated by the General Assembly. Interest earned on money in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this section. The State Treasurer shall make expenditures and disbursements from the Fund on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to twelve percent of the Fund may be used to pay the Department's expenses in administering the Home Energy Assistance Program.

C. The Department shall establish and operate the Home Energy Assistance Program. In administering the Home Energy Assistance Program, it shall be the responsibility of the Department to:

1. Administer distributions from the Fund;

2. Lead and facilitate meetings with the Department of Housing and Community Development, the Department of Energy, and other agencies of the Commonwealth, as well as any nonstate programs that elect to participate in the Home Energy Assistance Program, for the purpose of sharing information directed at alleviating the seasonal energy needs of low-income Virginians, including needs for weatherization assistance services;

3. Collect and analyze data regarding the amounts of energy assistance provided through the Department, categorized by fuel type in order to identify the unmet need for energy assistance in the Commonwealth;

4. Develop and maintain a statewide list of available private and governmental resources for low-income Virginians in need of energy assistance; and

5. Report annually to the Governor and the General Assembly on or before October 1 of each year through October 1, 2007, and biennially thereafter, on the effectiveness of low-income energy assistance programs in meeting the needs of low-income Virginians. In preparing the report, the Department shall:

a. Conduct a survey biennially in each year that the report is due to the General Assembly that shall collect information regarding the extent to which the Commonwealth's efforts in assisting low-income Virginians are adequate and are not duplicative of similar services provided by utility services providers, charitable organizations and local governments;

b. Obtain information on energy programs in other states; and

c. Obtain necessary information from the Department of Housing and Community Development, the Department of Energy, and other agencies of the Commonwealth, as well as any nonstate programs that elect to participate in the Home Energy Assistance Program, to complete the biennial survey and to compile the required report. The Department of Housing and Community Development, the Department of Energy, and other agencies of the Commonwealth, as well as any nonstate programs that elect to participate in the Home Energy Assistance Program, shall provide the necessary information to the Department.

The Department is authorized to assume responsibility for administering all or any portion of any private, voluntary low-income energy assistance program upon the application of the administrator thereof, on such terms as the Department and such administrator shall agree and in accordance with applicable law and regulations. If the Department assumes administrative responsibility for administering such a voluntary program, it is authorized to receive funds collected through such voluntary program and distribute them through the Fund.

D. Local departments may, to the extent that funds are available, promote interagency cooperation at the local level by providing technical assistance, data collection and service delivery.

E. Subject to Board regulations and to the availability of state or private funds for low-income households in need of energy assistance, the Department is authorized to:

1. Receive state and private funds for such services; and

2. Disburse funds to state agencies, and vendors of energy services, to provide energy assistance programs for low-income households.

F. Actions of the Department relating to the review, allocation and awarding of benefits and grants shall be exempt from the provisions of Article 3 (§ 2.2-4018 et seq.) and Article 4 (§ 2.2-4024 et seq.) of Chapter 40 of the Administrative Process Act (§ 2.2-4000 et seq.).

G. No employee or former employee of the Department shall divulge any information acquired by him in the performance of his duties with respect to the income or assistance eligibility of any individual or household obtained in the course of administering the Home Energy Assistance Program, except in accordance with proper judicial order. The provisions of this section shall not apply to (i) acts performed or words spoken or published in the line of duty under law; (ii) inquiries and investigations to obtain information as to the implementation of this chapter by a duly constituted committee of the General Assembly, or when such inquiry or investigation is relevant to its study, provided that any such information shall be privileged; or (iii) the publication of statistics so classified as to prevent the identification of any individual or household.

2001, c. 676 , §§ 63.1-336, 63.1-337, 63.1-338, 63.1-339, 63.1-340, 63.1-341, 63.1-342, 63.1-343, 63.1-339; 2002, cc. 243 , 747 ; 2007, c. 312 ; 2009, c. 127 ; 2021, Sp. Sess. I, c. 532 .
Va. Code Ann. § 63.2-206 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-206
Cooperation with federal agencies
Status: in_force

The Commissioner shall cooperate with the Department of Health and Human Services and other agencies of the United States and with the local boards, in relation to matters set forth in this title, and in any reasonable manner that may be necessary for this Commonwealth to qualify for and to receive grants or aid from such federal agencies for public assistance and services in conformity with the provisions of this title, including grants or aid to assist in providing rehabilitation and other services to help individuals to attain or retain capability for self-care or self-support and such services as are likely to prevent or reduce dependency and, in the case of dependent children, to maintain and strengthen family life. The Commissioner shall make such reports in such form and containing information as such agencies of the United States may require and shall comply with such provisions as such agencies require to assure the correctness and verification of such reports.

Code 1950, § 63-43; 1968, c. 578, § 63.1-35; 2002, c. 747 .
Va. Code Ann. § 63.2-506 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-506
Public assistance not transferable or subject to execution
Status: in_force

Except as provided in § 63.2-512 , no public assistance given under this subtitle shall be transferable or assignable, at law or in equity, and none of the money paid or payable as public assistance under this subtitle shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency laws.

Code 1950, § 63-102; 1968, c. 578, § 63.1-88; 2002, c. 747 .
Va. Code Ann. § 63.2-905.6 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-905.6
Notice of eligibility for certain federal benefits
Status: in_force

If the local department of social services (the local department) serves as representative payee for a child receiving benefits from the Social Security Administration or the U.S. Department of Veterans Affairs, the local department shall provide written notice in person or by certified mail, return receipt requested, that it is acting as the child's representative payee within 30 days after receiving the first benefit payment on behalf of the child to:

1. The child, in an age-appropriate manner, if the child is 12 years of age or older;

2. The child's parent, prior guardian, or prior custodian, or, if there is no legal parent or prior guardian or custodian, the child's next of kin;

3. The guardian ad litem appointed pursuant to § 16.1-266 , if applicable; and

4. The counsel appointed for the child pursuant to § 16.1-266 , if applicable.

2025, c. 354 .
Va. Code Ann. § 63.2-309 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-309
Quorum
Status: in_force

A majority of the members of any local board shall constitute a quorum.

Code 1950, § 63-58; 1952, c. 409; 1956, c. 126; 1968, c. 578, § 63.1-46; 2002, c. 747 .
Va. Code Ann. § 63.2-1522 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1522
Admission of evidence of sexual acts with children
Status: in_force

A. In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241 , 16.1-251 , 16.1-252 , 16.1-253 , 16.1-283 , or 20-107.2 , an out-of-court statement made by a child 14 years of age or younger at the time the statement is offered into evidence, describing any act of a sexual nature performed with or on the child by another, not otherwise admissible by statute or rule, may be admissible in evidence if the requirements of subsection B are met.

B. An out-of-court statement may be admitted into evidence as provided in subsection A if:

1. The child testifies at the proceeding, or testifies by means of a videotaped deposition or closed-circuit television, and at the time of such testimony is subject to cross-examination concerning the out-of-court statement or the child is found by the court to be unavailable to testify on any of these grounds:

a. The child's death;

b. The child's absence from the jurisdiction, provided such absence is not for the purpose of preventing the availability of the child to testify;

c. The child's total failure of memory;

d. The child's physical or mental disability;

e. The existence of a privilege involving the child;

f. The child's incompetency, including the child's inability to communicate about the offense because of fear or a similar reason; and

g. The substantial likelihood, based upon expert opinion testimony, that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television.

2. The child's out-of-court statement is shown to possess particularized guarantees of trustworthiness and reliability.

C. A statement may not be admitted under this section unless the proponent of the statement notifies the adverse party of his intention to offer the statement and the substance of the statement sufficiently in advance of the proceedings to provide the adverse party with a reasonable opportunity to prepare to meet the statement, including the opportunity to subpoena witnesses.

D. In determining whether a statement possesses particularized guarantees of trustworthiness and reliability under subdivision B 2, the court shall consider, but is not limited to, the following factors:

1. The child's personal knowledge of the event;

2. The age and maturity of the child;

3. Certainty that the statement was made, including the credibility of the person testifying about the statement and any apparent motive such person may have to falsify or distort the event including bias, corruption, or coercion;

4. Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;

5. The timing of the child's statement;

6. Whether more than one person heard the statement;

7. Whether the child was suffering pain or distress when making the statement;

8. Whether the child's age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;

9. Whether the statement has internal consistency or coherence, and uses terminology appropriate to the child's age;

10. Whether the statement is spontaneous or directly responsive to questions;

11. Whether the statement is responsive to suggestive or leading questions; and

12. Whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement.

E. The court shall support with findings on the record, or with written findings in a court not of record, any rulings pertaining to the child's unavailability and the trustworthiness and reliability of the out-of-court statement.

1988, c. 892, § 63.1-248.13:2; 2002, c. 747 ; 2019, c. 413 .
Va. Code Ann. § 63.2-1207 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1207
Removal of child from adoptive home
Status: in_force

When a child is placed in an adoptive home pursuant to an adoptive home placement agreement by a local board or by a licensed child-placing agency pursuant to § 63.2-1221 , or by the birth parent or legal guardian of the child pursuant to § 63.2-1230 , and a circuit court of competent jurisdiction has not entered an interlocutory order of adoption, such child shall not be removed from the physical custody of the adoptive parents, except (i) with the consent of the adoptive parents; (ii) upon order of the juvenile and domestic relations district court or the circuit court of competent jurisdiction; (iii) pursuant to § 63.2-904 , which removal shall be subject to review by the juvenile and domestic relations district court upon petition of the adoptive parents; or (iv) upon order of the juvenile and domestic relations district court that accepted consent when consent has been revoked as authorized by § 63.2-1204 or § 63.2-1223 .

When a child has been placed in an adoptive home directly by the birth parents or legal guardian of the child, the adoptive parents have been granted custody of the child pursuant to § 63.2-1233 , and it becomes necessary to remove the child from the home of the adoptive parents, the juvenile and domestic relations district court entering such an order shall order that any consent given for the purposes of such placement shall be void and shall determine the custody of the child.

1989, c. 647, § 63.1-220.5; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.15; 2002, c. 747 .
Va. Code Ann. § 63.2-1949 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 9 / Section 63.2-1949
Authority of city, county, or attorney for the Commonwealth to represent the Department
Status: in_force

In order to carry out the responsibilities of the Department imposed under this chapter, any city or county attorney is authorized to represent the Department in any civil proceeding necessary for the establishment, modification, enforcement, or collection of support obligations and any attorney for the Commonwealth is authorized to represent the Department in any civil or criminal proceeding necessary for the establishment, modification, enforcement, or collection of support obligations.

1988, c. 906, § 63.1-274.4; 1990, c. 85; 2002, c. 747 .
Va. Code Ann. § 63.2-1710.1 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 1 / Section 63.2-1710.1
Summary order of suspension; assisted living facilities and child welfare agencies operated by an agency of the Commonwealth
Status: in_force

Whenever the Commissioner issues a summary order of suspension of the license to operate an assisted living facility, group home, or child welfare agency operated by an agency of the Commonwealth:

1. Before such summary order of suspension shall take effect, the Commissioner shall issue to the assisted living facility, group home, or child welfare agency a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.

2. A final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Commissioner's decision, that the Commissioner refer the matter to the Secretary of Health and Human Resources for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.

2018, c. 274 ; 2019, c. 449 .
Va. Code Ann. § 63.2-501 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-501
Application for assistance
Status: in_force

A. Except as provided for in the state plan for medical assistance services pursuant to § 32.1-325 , application for public assistance shall be made to the local department and filed with the local director of the county or city in which the applicant resides; however, when necessary to overcome backlogs in the application and renewal process, the Commissioner may temporarily utilize other entities to receive and process applications, conduct periodic eligibility renewals, and perform other tasks associated with eligibility determinations. Such entities shall be subject to the confidentiality requirements set forth in § 63.2-501.1 . Applications and renewals processed by other entities pursuant to this subsection shall be subject to appeals pursuant to § 63.2-517 . Such application may be made either electronically or in writing on forms prescribed by the Commissioner and shall be signed by the applicant or otherwise attested to in a manner prescribed by the Commissioner under penalty of perjury in accordance with § 63.2-502 .

If the condition of the applicant for public assistance precludes his signing or otherwise attesting to the accuracy of information contained in an application for public assistance, the application may be made on his behalf by his guardian or conservator. If no guardian or conservator has been appointed for the applicant, the application may be made by any competent adult person having sufficient knowledge of the applicant's circumstances to provide the necessary information, until such time as a guardian or conservator is appointed by a court.

B. Local departments or the Commissioner shall provide each applicant for public assistance with information regarding his rights and responsibilities related to eligibility for and continued receipt of public assistance. Such information shall be provided in an electronic or written format approved by the Board that is easily understandable and shall also be provided orally to the applicant by an employee of the local department, except in the case of energy assistance. The local department shall require each applicant to acknowledge, in a format approved by the Board, that the information required by this subsection has been provided and shall maintain such acknowledgment together with information regarding the application for public assistance.

C. Local departments or the Commissioner shall provide each applicant for Medicaid with information regarding advance directives pursuant to Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, including information about the purpose and benefits of advance directives and how the applicant may make an advance directive.

D. The Commissioner and local departments shall administer the Child Care Subsidy Program as provided for in the State Child Care Plan prepared by the Department of Education.

Code 1950, §§ 63-116, 63-140.3, 63-142, 63-180, 63-206; 1962, c. 621; 1968, cc. 578, 781, § 63.1-107; 1970, c. 721; 1972, c. 718; 1975, cc. 524, 585; 1996, c. 511 ; 1997, cc. 801 , 921 ; 2002, c. 747 ; 2012, cc. 240 , 530 ; 2015, c. 513 ; 2017, c. 106 ; 2020, cc. 860 , 861 .
Va. Code Ann. § 63.2-205 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-205
Requiring reports from local boards; forms and submission schedule; approval of budgets by Commissioner
Status: in_force

A. The Commissioner shall require of local boards such reports relating to the administration of this title as the Commissioner may deem necessary to enable the Board and the Commissioner to exercise and perform the functions, duties and powers conferred and imposed by this title. He shall prescribe the form and submission schedule of applications, reports, affidavits, budgets and budget exhibits, and such other forms as may be required in the administration of this title.

B. The Commissioner shall review budget requests submitted by local boards, make modifications consistent with the requirements of this title and transmit the approved budget to each local board.

Code 1950, §§ 63-40, 63-42; 1968, c. 578, § 63.1-33; 1975, c. 368; 1976, c. 383; 2002, c. 747 .
Va. Code Ann. § 63.2-1214 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1214
Annual review of pending petitions for adoption; duty of Commissioner and circuit court clerk
Status: in_force

After the expiration of twelve months from the date of the entry of the last order upon a petition for adoption, except when the last order entered is a final order of adoption, it shall be the responsibility of the Commissioner to notify the clerk of the circuit court of all adoption cases that have been pending for a period of more than twelve months, and the clerk of the circuit court shall place on the docket all such cases for review by the circuit court as soon as practicable.

1976, c. 353, § 63.1-230.1; 2000, c. 830 , § 63.1-219.21; 2002, c. 747 .
Va. Code Ann. § 63.2-525 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-525
Payment by Department for legal services
Status: in_force

Notwithstanding any provision of §§ 2.2-2814 , 2.2-2815 , 2.2-2816 , 2.2-2823 , 2.2-2824 , 2.2-2825 or § 2.2-2826 to the contrary, whenever there shall be authorized by law an assistant attorney for the Commonwealth and such assistant's duties consist of the prosecution of public assistance fraud cases pursuant to §§ 18.2-95 , 18.2-96 , 63.2-502 , 63.2-513 , 63.2-522 , 63.2-523 or § 63.2-524 , the Department may, with the consent of the attorney for the Commonwealth of the jurisdiction, contract with the county or city or combination thereof for whom such assistant attorney for the Commonwealth is authorized regarding the duties of such assistant and regarding the payment by the Department of the entire salary, expenses, including secretarial services, and allowances of such assistant, as shall be approved by the Compensation Board, for the entire time devoted to these duties. Any such contract may provide that the county, city, or combination thereof shall pay the entire amount of such salary, expenses, and allowances and that the Department shall reimburse such county or city therefor. The amount of such salary, expenses, and allowances shall be set by the Compensation Board as provided by law.

1991, c. 5, § 63.1-124.3; 2002, c. 747 .
Va. Code Ann. § 63.2-1245 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 6 / Section 63.2-1245
Separate order book, file and index of adoption cases; to whom available; permanent retention
Status: in_force

Each circuit court clerk shall establish and maintain a separate and exclusive order book, file and index of adoption cases, none of which shall be exposed to public view but which shall be made available by such clerk to attorneys of record, social service officials, court officials, and to such other persons as the circuit court shall direct in specific cases by order of the circuit court entered in accordance with § 63.2-1246 .

Such records shall be retained permanently in original form or on microfilm or converted to an electronic format in accordance with § 17.1-213 . Such microfilm and microphotographic process and equipment shall meet state archival standards pursuant to § 42.1-82 ; such electronic format shall follow state electronic records guidelines; and such records shall be available for examination to those persons listed in this section. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.

Code 1950, § 63-359.1; 1952, c. 420; 1968, cc. 35, 578, § 63.1-235; 1981, cc. 435, 637; 1994, c. 64 ; 2000, c. 830 , § 63.1-219.52; 2002, c. 747 ; 2013, c. 263 .
Va. Code Ann. § 63.2-1510.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 2 / Section 63.2-1510.1
(Effective July 1, 2027) Conflict of interest when local department employee is alleged abuser; duties of court when assigning valid complaint
Status: in_force

If an employee of the local department is suspected of abusing or neglecting a child, the complaint shall be made to the Department's toll-free child abuse and neglect hotline. If the complaint is determined valid, the Department shall forward the valid complaint to the court of the county or city where the abuse or neglect occurred or where the victim child resides. Upon receipt of a valid complaint by the court, the judge shall assign the complaint to a local department that is not the employer of the suspected employee for an investigation or family assessment or, if the judge believes that no local department in a reasonable geographic distance can be impartial in responding to the reported case, the judge shall assign the report to the court service unit of his court for evaluation. The judge may consult with the Department in selecting a local department to respond to the complaint.

2026, cc. 865 , 900 .
Va. Code Ann. § 63.2-514 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-514
Reconsideration or changes in amount of public assistance; cancellation
Status: in_force

A. Eligibility for public assistance shall be reconsidered in accordance with federal law or regulations by the local department at least annually or upon receipt of information indicating a change in the recipient's circumstances that may affect the amount of assistance paid to a recipient or the recipient's eligibility for assistance and at such other times as the local board may deem necessary. As part of such reconsideration, the local department shall conduct an investigation to determine whether a recipient is eligible for renewal of public assistance. Such investigation shall include a review of information described in subsection B of § 63.2-503 for each applicant. After such investigation, the amount of public assistance may be changed or public assistance may be entirely withdrawn, if the local department finds that the recipient's circumstances have altered sufficiently to warrant such action.

B. In cases in which information obtained as a result of the investigation required by subsection A is inconsistent with information provided by the applicant, the local department shall notify the applicant in writing and provide opportunity for the applicant to explain the discrepancy. If the applicant fails to respond within 10 days of the date of such notice, the local department shall refuse to renew the applicant's eligibility for public assistance. If the applicant responds within 10 days of such notice, upon receipt of such response, the local department shall conduct such further investigation as may be necessary to verify the applicant's response and resolve the discrepancy between information provided by the applicant and information obtained as a result of the investigation required by subsection A. If the local department determines that the information obtained as a result of the investigation required by subsection A is accurate and that as a result the applicant is ineligible for public assistance, the local director of social services shall so notify the applicant and public assistance shall be denied. In any case in which the local department believes that the applicant has obtained or attempted to obtain public assistance by means of willful false statements or representations, impersonation, or other fraudulent devices, the local director shall initiate a fraud investigation pursuant to § 63.2-526 .

C. If the local director does not act within 30 days of the receipt of information affecting the amount of assistance or the eligibility therefor as to any recipient, or if the circumstances require immediate action, the Commissioner may make necessary adjustments in the amount of public assistance or suspend further assistance to any such individual pending action by the local department.

Code 1950, §§ 63-123, 63-149, 63-187, 63-214; 1968, cc. 578, 781, § 63.1-113; 2002, c. 747 ; 2015, c. 509 .
Va. Code Ann. § 63.2-325 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-325
Appointment of local directors of social services and local employees
Status: in_force

Subject to the personnel standards and regulations of the Board, the local director shall be appointed by the local board, or, where the city charter or statutes relating to special forms of city or county government designate some other appointing authority, then by such other appointing authority, from a list of eligibles furnished by the Commissioner. Subject to the personnel standards, and regulations of the Board, the local boards or other appointing authority shall employ, or authorize the local director to employ, such other employees as may be required by the Commissioner to administer this title in the county or city.

Code 1950, §§ 63-76, 63-77; 1968, c. 578, § 63.1-60; 2002, c. 747 .
Va. Code Ann. § 63.2-520 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-520
How public assistance paid
Status: in_force

Public assistance shall be paid to or on behalf of the applicant monthly, or at such other time or times as the regulations of the Board may provide, by the treasurer, the district fiscal officer, or other disbursing officer of the county or city, upon order of the local board or local director, from funds appropriated or made available for such purpose by the local governing body of such county or city. Wherever two or more counties or cities have been combined to form a district pursuant to § 63.2-306 , such public assistance payments shall be made by the district fiscal officer.

In the event, however, that the Board adopts regulations to provide for state issuance of public assistance payments, such public assistance shall be paid by the State Treasurer. In emergency situations or in the event of delay or error in a state issuance of public assistance payments, emergency payments may be issued by local boards as authorized by Board regulations.

Code 1950, §§ 63-126, 63-140.7, 63-150, 63-190, 63-213; 1956, c. 578; 1962, c. 621; 1968, c. 578, § 63.1-120; 1970, c. 721; 1972, c. 718; 1973, c. 201; 1974, cc. 488, 503; 1975, c. 337; 2002, c. 747 .
Va. Code Ann. § 63.2-1951 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1951
Interest on support payments collected
Status: in_force

The Department shall pay interest to the payee as provided in this section on certain spousal or child support payments it collects which have been ordered by a court or established by administrative order to be paid to or through the Department to the payee and for which the Department has an assignment of rights or has been given an authorization to seek or enforce a support obligation as those terms are defined in §§ 63.2-100 and 63.2-1900 . Such interest shall accrue, at the legal rate as established by § 6.2-301 , on all support payments collected by the Department and paid to the payee more than thirty days following the end of the month in which the payment was received by the Department in nonpublic assistance cases. Interest shall be charged to the Department on such payments if the Department has an established case and if the obligor or payor provides identifying information including the Department case number or the noncustodial parent's name and correct social security number.

1987, c. 609, § 63.1-250.1:1; 2002, c. 747 .
Va. Code Ann. § 63.2-1720.1 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 3 / Section 63.2-1720.1
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-2200 — Virginia Code / Title 63.2 / Subtitle VI / Chapter 22 / Section 63.2-2200
Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

"Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding.

"Assistance" means aid that is required to be provided by another person in order to safely complete the activity.

"Care for a mentally or physically impaired person" means assistance with the activities of daily living provided to such person when the person has been screened and has been found to be eligible, in accordance with relevant state regulations, for placement and Medicaid reimbursement for services in an assisted-living facility or a nursing home or for receiving community-based long-term care services.

"Caregiver" means an adult who is a single person with a Virginia adjusted gross income of not more than $50,000, or married and the combined Virginia adjusted gross income of both spouses is not more than $75,000 who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to, or the legally appointed guardian of, the mentally or physically impaired person for whom he is caring.

"Fund" means the Virginia Caregivers Grant Fund established by § 63.2-2202 .

"Mentally or physically impaired person" means a person who is a resident of Virginia that requires assistance with two or more activities of daily living during more than half the year.

1999, cc. 737 , 763 , § 63.1-331; 2002, c. 747 ; 2007, c. 588 .
Va. Code Ann. § 63.2-1727 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 3 / Section 63.2-1727
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-1607 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 2 / Section 63.2-1607
Repealed
Status: repealed

Repealed by Acts 2004, cc. 749 and 1011 .
Va. Code Ann. § 63.2-907 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-907
Administrative review of children in foster care
Status: in_force

Each local board shall establish and keep current a social service plan with service objectives and shall provide the necessary social services for achievement of a permanent home for each child for whom it has care and custody or has an agreement with the parents or guardians to place in accordance with regulations adopted by the Board. Each local board shall review the cases of children placed through an agreement or in its custody in accordance with the regulations adopted by the Board. Each local board shall review the cases of children placed through an agreement or in its custody on a planned basis to evaluate the current status and effectiveness (i) of the service plan's objectives and (ii) of the services being provided for each child in custody, which are directed toward the immediate care of and planning for permanency for the child, in accordance with policies of the Board.

The Department shall establish and maintain (a) a system to review and monitor compliance by local boards with the policies adopted by the Board and (b) a tracking system of every child in the care and custody of or placed by local boards in order to monitor the effectiveness of service planning, service objectives and service delivery by the local boards that shall be directed toward the achievement of permanency for children in foster care. As part of the system to review and monitor compliance by local boards, the Department shall establish and maintain an online dashboard, to be updated quarterly, that is accessible by local boards. Such dashboard shall be categorized by local board and include information regarding (1) the number of children who did not receive all required caseworker visits and the amount of time that has lapsed since each child's last visit; (2) the number of children placed in children's residential facilities; (3) the number of children who have been in foster care for more than 24 months, 36 months, and 48 months; (4) safety concerns identified in case reviews and whether such concerns have been alleviated; (5) the number of foster care caseworkers with caseloads exceeding the standard established pursuant to § 63.2-913.1 ; (6) the number of children in foster care to whom a caseworker with a caseload exceeding the standard set forth in § 63.2-913.1 has been assigned; and (7) the turnover rate of entry-level and experienced foster care caseworkers. Local boards shall provide to the Department any data and information necessary to populate the dashboard.

The Board shall adopt regulations necessary to implement the procedures and policies set out in this section. The Board shall establish as a goal that at any point in time the number of children who are in foster care for longer than twenty-four months shall not exceed 5,500 children.

1977, c. 634, § 63.1-56.2; 1982, c. 171; 1994, c. 865 ; 2002, c. 747 ; 2019, c. 446 .
Va. Code Ann. § 63.2-332 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-332
Powers and duties of local directors
Status: in_force

The local director shall be the administrator of the local department and shall serve as secretary to the local board. Under the supervision of the local board, unless otherwise specifically stated, and in cooperation with other public and private agencies, the local director, in addition to the functions, powers and duties conferred and imposed by other provisions of law, shall have the powers and perform the duties contained in this title.

The local director shall designate nonattorney employees who are authorized to (i) initiate a case on behalf of the local department by appearing before an intake officer or (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, or motions for a rule to show cause.

Code 1950, § 63-87; 1968, c. 578, § 63.1-67.1; 1972, c. 73; 2002, c. 747 ; 2016, c. 704 .
Va. Code Ann. § 63.2-1936 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1936
Procedures for posting security, bond or guarantee to secure payment of overdue support
Status: in_force

The Department shall require, if feasible and consistent with guidelines established by the Department, that the noncustodial parent post security or bond or give some guarantee to secure overdue payments. Advance notice shall be sent to the noncustodial parent setting forth (i) the amount of the delinquency, (ii) the proposed action to be taken by the Department, (iii) the method available for contesting the impending action and (iv) that only a "mistake of fact" as defined in § 63.2-1900 may be contested.

1986, c. 594, § 63.1-250.4; 1988, c. 906; 2002, c. 747 .
Va. Code Ann. § 63.2-1524 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1524
Court may order certain examinations
Status: in_force

The court may order psychological, psychiatric and physical examinations of the child alleged to be abused or neglected and of the parents, guardians, caretakers or siblings of a child suspected of being neglected or abused.

1975, c. 341, § 63.1-248.14; 1976, c. 186; 2002, c. 747 .
Va. Code Ann. § 63.2-217.1 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 2 / Section 63.2-217.1
Board to amend regulations governing emergency response plans of assisted living facilities
Status: in_force

A. The Board shall amend its regulations governing emergency preparedness and response plans and temporary emergency electrical power sources of assisted living facilities to require the following:

1. Any assisted living facility that is equipped with an on-site emergency generator shall (i) include in its emergency preparedness and response plan a description of the emergency generator's capacity to provide sufficient power for the operation of lighting, ventilation, temperature control, supplied oxygen, and refrigeration and (ii) test such emergency generator monthly and maintain records of such tests; and

2. Any assisted living facility that is not equipped with an on-site emergency generator shall (i) enter into an agreement with a vendor capable of providing the assisted living facility with an emergency generator for the provision of electricity during an interruption of the normal electric power supply; (ii) enter into at least one agreement with a separate vendor capable of providing an emergency generator in the event that the primary vendor is unable to comply with its agreement with the assisted living facility during an emergency; and (iii) have its temporary emergency electrical power source connection tested at the time of installation and every two years thereafter by a contracted vendor and maintain records of such tests.

B. The Department shall provide notice to all licensed assisted living facilities regarding the date by which such assisted living facilities must comply with the regulations promulgated pursuant to this section.

2019, c. 91 .
Va. Code Ann. § 63.2-218 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 2 / Section 63.2-218
Board to adopt regulations regarding human research
Status: in_force

The Board shall adopt regulations to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16 , to be conducted or authorized by the Department, any agency or facility licensed by the Department, or any local department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Commissioner at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

1992, c. 603, § 63.1-25.01; 2002, c. 747 .
Va. Code Ann. § 63.2-1814 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 2 / Section 63.2-1814
Public funds to be withheld for serious or persistent violations
Status: in_force

The Board and the State Board of Education may adopt policies, as permitted by state and federal law, to restrict the eligibility of a licensed child welfare agency to receive or continue to receive funds when such agency is found to be in serious or persistent violation of regulations.

1993, cc. 730, 742, § 63.1-211.2; 1996, c. 492 ; 2002, c. 747 .
Va. Code Ann. § 63.2-219 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 2 / Section 63.2-219
Board to establish employee entrance and performance standards
Status: in_force

The Board shall establish minimum education, professional and training requirements and performance standards for the personnel employed by the Commissioner and local boards in the administration of this title and adopt regulations to maintain such education, professional and training requirements and performance standards, including such regulations as may be embraced in the development of a system of personnel administration meeting requirements of the Department of Health and Human Services under appropriate federal legislation relating to programs administered by the Board. The Board shall adopt minimum education, professional and training requirements and performance standards for personnel to provide public assistance or social services.

The Board shall provide that the Department and its local boards or local departments shall not employ any person in any family-services specialist position that provides direct client services unless that person holds at least a baccalaureate degree. Such requirement shall not be waived by the Department, Board, or any local director or local governing body, unless such person has been employed prior to January 1, 1999, by the Department or its local boards or local departments in a family-services specialist position that provides direct client services.

The state grievance procedure adopted pursuant to Chapter 30 (§ 2.2-3000 et seq.) of Title 2.2 shall apply to the personnel employed by the Commissioner. A local social services department or local board shall adopt a grievance procedure that is either (i) adopted by the locality in which the department or board is located, or in the case of a regional department or board, the grievance procedure adopted by one of its localities in the regional organization; or (ii) approved by the Board consistent with the provisions of Chapter 30 (§ 2.2-3000 et seq.) of Title 2.2. The grievance procedure adopted by the local board shall apply to employees, including local directors, of the local boards and local departments.

Code 1950, §§ 63-26, 63-136, 63-140.13, 63-158, 63-200; 1960, c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 668, 670, §§ 63.1-26, 63.1-123; 1974, cc. 491, 504; 1975, cc. 176, 438; 1984, c. 781; 1990, c. 537; 1995, cc. 770 , 818 ; 1999, c. 854 ; 2002, c. 747 ; 2004, c. 208 ; 2005, c. 714 ; 2014, c. 285 .
Va. Code Ann. § 63.2-1210 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1210
Probationary period, interlocutory order and order of reference not required under certain circumstances
Status: in_force

The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption under the following circumstances:

1. If the child is legally the child by birth or adoption of one of the petitioners and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. In such cases, the court may also omit the order of reference if the petitioners meet the requirements set forth in § 63.2-1241 .

2. If one of the petitioners is a stepparent of the child and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper. The court may omit the order of reference if the petitioners meet the requirements of § 63.2-1241 .

3. After receipt of the report of investigation, if the child has been in physical custody of the petitioner continuously for at least three years immediately prior to the filing of the petition for adoption, and the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper.

4. After receipt of the report of investigation, if the child has been legally adopted according to the laws of a foreign country with which the United States has diplomatic relations and if the circuit court is of the opinion that the entry of an interlocutory order would otherwise be proper, and the child (i) has been in the physical custody of the petitioners for at least one year immediately prior to the filing of the petition and a representative of a child-placing agency has visited the petitioner and child at least once in the six months immediately preceding the filing of the petition or during its investigation pursuant to § 63.2-1208 or (ii) has been in the physical custody of the petitioners for at least six months immediately prior to the filing of the petition, has been visited by a representative of a child-placing agency or of the local department three times within such six-month period with no fewer than ninety days between the first and last visits, and the last visit has occurred within six months immediately prior to the filing of the petition.

5. After receipt of the report of investigation, if the child was placed into Virginia from a foreign country in accordance with § 63.2-1104, the adoption was not finalized pursuant to the laws of that foreign country, and the child has been in the physical custody of the petitioner for at least six months immediately prior to the filing of the petition and has been visited by a representative of a licensed child-placing agency or of the local department three times within the six-month period with no fewer than 90 days between the first and last visits. The circuit court may, for good cause shown, in cases of an international placement, omit the requirement that the three visits be made within a six-month period.

Code 1950, § 63-355; 1952, c. 71; 1954, c. 489; 1962, c. 603; 1964, c. 429; 1968, c. 578, § 63.1-229; 1975, c. 364; 1978, c. 750; 1980, c. 268; 1983, c. 334; 1986, c. 470; 1992, c. 607; 1993, c. 553; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.17; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2011, c. 486 ; 2022, c. 377 .
Va. Code Ann. § 63.2-1534 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 7 / Section 63.2-1534
Caregiver assessment
Status: in_force

A. The local department shall assess the proposed caregiver and determine whether the proposed caregiver (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. Such assessment shall include requirements for (a) inquiry into the criminal and child protective services history of each adult in the proposed caregiver's household and (b) an assessment of the caregiver's home environment in accordance with Board regulations.

B. The local department shall document the results of the assessment of the proposed caregiver and his home environment in the case record.

C. If, after conducting the assessment of the proposed caregiver, the local department determines that it is not in the child's best interests to be placed with the proposed caregiver, the local department shall notify the child's parent, guardian, or legal custodian and the proposed caregiver of the reasons for the local department's determination but may not disclose the results of any criminal or child protective services history unless the proposed caregiver consents to such disclosure.

2024, cc. 629 , 662 .
Va. Code Ann. § 63.2-1932.1 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1932.1
Automated administrative enforcement in interstate cases
Status: in_force

A. The Department shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state. For purposes of this section, "high volume automated administrative enforcement" in interstate cases means, on the request of another state, the identification by the Department, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the Department through levy or other appropriate processes.

B. The Department may, by electronic or other means, transmit to another state a request for assistance in enforcing child support orders through high-volume automated administrative enforcement. The request shall (i) include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state; and (ii) shall constitute a certification by the Department of the amount of support in arrears and of the Department's compliance with all procedural due process requirements applicable to each case.

C. If the Department provides assistance to another state pursuant to this section, neither the Department nor the state shall consider the case to be transferred to the caseload of the other state.

D. The Department shall maintain records of (i) the number of such requests for assistance pursuant to this section; (ii) the number of cases for which the Department collected support in response to such a request; and (iii) the amount of such collected support.

2002, c. 112 , § 63.1-260.4.
Va. Code Ann. § 63.2-1230 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1230
Placement of children by parent or guardian
Status: in_force

The birth parent, legal guardian, or adoptive parent of a child may place his child for adoption directly with the prospective adoptive parents of his choice. Such parent or legal guardian may execute a power of attorney to the prospective adoptive parent for discharge of a newborn infant from a hospital or for the initial physical placement of a child with a prospective adoptive parent pursuant to subsection B of § 20-166 and subsection A of § 54.1-2969 . Consent to the proposed adoption shall be executed upon compliance with the provisions of this chapter before a juvenile and domestic relations district court or, if the birth parent or legal guardian does not reside in Virginia, before a court having jurisdiction over child custody matters in the jurisdiction where the birth parent or legal guardian resides when requested by a juvenile and domestic relations district court of this Commonwealth, pursuant to § 20-146.11 . Consent proceedings shall be advanced on the juvenile and domestic relations district court 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.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.37; 2001, c. 305 ; 2002, c. 747 ; 2009, c. 805 ; 2024, c. 90 .
Va. Code Ann. § 63.2-1803.1 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1803.1
Assisted Living Facility Education, Training, and Technical Assistance Fund established
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Assisted Living Facility Education, Training, and Technical Assistance Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All penalties directed to this fund by subdivision B 4 of § 63.2-1709.2 and all other funds from any public or private source directed to the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of providing education and training for staff of and technical assistance to assisted living facilities to improve the quality of care in such facilities. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.

2005, cc. 610 , 924 .
Va. Code Ann. § 63.2-1200 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1200
Who may place children for adoption
Status: in_force

A child may be placed for adoption by:

1. A licensed child-placing agency;

2. A local board;

3. The child's parent or legal guardian if the placement is a parental placement; and

4. Any agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption by virtue of the laws under which it operates.

1978, c. 730, § 63.1-220.1; 1985, c. 285; 1989, c. 647; 2000, c. 830 , § 63.1-219.8; 2002, c. 747 ; 2004, c. 815 ; 2006, cc. 825 , 848 .
Va. Code Ann. § 63.2-1600 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 1 / Section 63.2-1600
Home-based services
Status: in_force

Each local board shall provide for the delivery of home-based services that include homemaker, companion, or chore services that will allow individuals to attain or maintain self-care and are likely to prevent or reduce dependency, subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5. Eligibility for such services shall be determined according to regulations of the Commissioner for Aging and Rehabilitative Services. Such services shall be provided to the extent that federal or state matching funds are made available to each locality.

1983, c. 605, § 63.1-55.01; 2002, c. 747 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-609 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-609
VIEW exemptions
Status: in_force

The following TANF recipients shall be exempt from mandatory participation in VIEW and shall remain eligible for TANF financial assistance:

1. Any individual, including all minor caretakers, under 16 years of age;

2. Any individual at least 16, but no more than 19 years of age, who is enrolled full time in elementary or secondary school, including career and technical education programs. The career and technical education program must be equivalent to secondary school. Whenever feasible, such recipients should participate in summer work;

3. To the extent authorized by federal law and regulations, any individual who is enrolled full time in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license;

4. Any individual who is unable to participate because of a temporary medical condition that is preventing employment or training, as determined by a physician or other qualified medical professional and certified by a written medical statement. Such an exemption shall be reevaluated every 60 days to determine whether the person is still exempt;

5. Any individual who is disabled, as determined by receipt of Social Security Disability Benefits or Supplemental Security Income;

6. Any individual 60 years of age or older;

7. Any individual who is the sole caregiver of another member of the household who is disabled as determined by receipt of Social Security Disability Benefits or Supplemental Security Income or who is incapacitated by another condition as determined by the Board and whose presence is essential for the care of the other member on a substantially continuous basis; or

8. A parent or caretaker-relative of a child under 12 months of age who personally provides care for the child. A parent or caretaker-relative exempt from mandatory participation in VIEW pursuant to this subdivision shall be exempt for a period of no more than 12 months. Months during which a parent or caretaker-relative is exempt may be consecutive or nonconsecutive.

In a TANF-UP case, both parents shall be referred for participation unless one meets an exemption; only one parent can be exempt. If both parents meet an exemption criterion, they shall decide who will be referred for participation.

1994, cc. 858 , 951 , §§ 63 .1-133.43, 63 .1-133.48; 1995, c. 450 ; 2001, c. 483 ; 2002, cc. 81 , 747 ; 2007, c. 568 ; 2011, c. 426 ; 2020, c. 550 ; 2022, c. 298 .
Va. Code Ann. § 63.2-1232 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1232
Requirements of a parental placement adoption; exception
Status: in_force

A. The juvenile and domestic relations district court shall not accept consent until it determines that:

1. The birth parent(s) are aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families, and that the birth parents' consent is informed and uncoerced.

2. A licensed or duly authorized child-placing agency has counseled the prospective adoptive parents with regard to alternatives to adoption, adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights, and opportunities for adoption of other children; that the prospective adoptive parents' decision is informed and uncoerced; and that they intend to file an adoption petition and proceed toward a final order of adoption.

3. The birth parent(s) and adoptive parents have exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the child, unless both parties agree in writing to waive the disclosure of full names and addresses.

4. Any financial agreement or exchange of property among the parties and any fees charged or paid for services related to the placement or adoption of the child have been disclosed to the court and that all parties understand that no binding contract regarding placement or adoption of the child exists.

5. There has been no violation of the provisions of § 63.2-1218 in connection with the placement; however, if it appears there has been such violation, the court shall not reject consent of the birth parent to the adoption for that reason alone but shall report the alleged violation as required by § 63.2-1219 .

6. A licensed or duly authorized child-placing agency has conducted a home study of the prospective adoptive home in accordance with regulations established by the Board and, in the case of home studies by local boards, in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department, and has provided to the court a report of such home study, which shall contain the agency's recommendation regarding the suitability of the placement. A married couple or an unmarried individual shall be eligible to receive placement of a child for adoption.

7. The birth parent(s) have been informed of their opportunity to be represented by legal counsel.

B. The juvenile and domestic relations district court shall not accept the consent if the requirements of subsection A have not been met. In such cases, it shall refer the birth parent to a licensed or duly authorized child-placing agency for investigation and recommendation in accordance with §§ 63.2-1208 and 63.2-1238 . If the juvenile and domestic relations district court determines that any of the parties is financially unable to obtain the required services, it shall refer the matter to the local director.

C. In cases in which a birth parent who resides in the Commonwealth places his child for adoption with adoptive parents in another state and the laws of that receiving state govern the proceeding for adoption, the birth parent may elect to waive the execution of consent pursuant to § 63.2-1233 and instead execute consent to the adoption pursuant to the laws of the receiving state. Any waiver of consent made pursuant to this subsection shall be made under oath and in writing, and shall expressly state that the birth parent has received independent legal counsel from an attorney licensed in the Commonwealth of Virginia advising him of the laws of the Commonwealth, the laws of the receiving state pursuant to which he elects to consent to the adoption, and the effects of his waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state. Any waiver of consent and election to consent pursuant to the laws of a receiving state shall include the name, address, and telephone number of such legal counsel. Failure to comply with this section shall render a waiver of consent pursuant to § 63.2-1233 and election to consent pursuant to the laws of the receiving state as authorized by this subsection invalid.

D. When consent to a parental placement adoption is sought pursuant to this article and the prospective adoptive parent(s) have had continuous physical and legal custody of the child for five or more years, the juvenile and domestic relations district court may, in its discretion, accept consent without (i) a home study as required by subsection A of § 63.2-1231 and subdivision A 6 of this section and (ii) the meeting and counseling requirements, as they relate to the prospective adoptive parent(s), listed in subsection A of § 63.2-1231 and subdivision A 2 of this section. All other provisions of the parental placement adoption statutes shall apply.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.39; 2002, c. 747 ; 2006, cc. 654 , 825 , 848 ; 2010, c. 276 ; 2015, c. 529 ; 2017, c. 193 .
Va. Code Ann. § 63.2-803 — Virginia Code / Title 63.2 / Subtitle II / Chapter 8 / Section 63.2-803
Payment for legal services in claims for Supplemental Security Income
Status: in_force

The Commissioner shall establish an advocacy project to assist recipients of general relief or children entrusted or committed to foster care who may be eligible for federal Supplemental Security Income (SSI) benefits in obtaining such benefits. Local departments may determine and refer appropriate potential SSI claimants to attorneys, or advocates working under the supervision of an attorney, for representation under this project. This project shall provide for disbursements to any such attorney or advocate upon receipt of a favorable decision in such referred claims.

Such disbursements shall be in an amount determined by the Board to be sufficient to ensure prompt and adequate representation of such recipients. This amount shall not exceed the lesser of the recoupment for state and local assistance paid, as provided by the Social Security Act, 42 U.S.C. § 1383 (g), as amended, or twenty-five percent of the maximum federal back-due SSI grant payable to an individual.

Such disbursement shall be made upon submission by the attorney of a petition and a copy of the favorable decision. Petitions must be presented within sixty days of the favorable Social Security Administration decision.

The Board, in consultation with the Virginia State Bar, shall adopt regulations necessary to implement this section.

1992, c. 170, § 63.1-89.1; 2002, c. 747 .
Va. Code Ann. § 63.2-308 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-308
Suspension or removal of members
Status: in_force

Members of any local board may be suspended or removed for cause by the Board or by the local governing body authorized to appoint the members of the local board.

Code 1950, § 63-57; 1968, c. 578, § 63.1-45; 2002, c. 747 .
Va. Code Ann. § 63.2-1730 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 4 / Section 63.2-1730
Retaliation or discrimination against complainants
Status: in_force

No assisted living facility, adult day center or child welfare agency may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government, having responsibility for protecting the rights of residents of assisted living facilities, participants in adult day centers or children in child welfare agencies, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.

1994, c. 941 , § 63.1-177.1; 2002, c. 747 ; 2024, cc. 37 , 150 .
Va. Code Ann. § 63.2-401 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-401
Reimbursement of localities by the Commonwealth
Status: in_force

Such funds as are received from the United States and agencies thereof as grants-in-aid for the purpose of providing public assistance and social services grants shall be paid monthly by the Commissioner to each county, city or district fiscal officer as reimbursement of the federal share of such grants as have been paid by each county and city under the provisions of Subtitle II and III of this title. Within the limits of the appropriations of state funds, the Commissioner shall reimburse the entire balance of such public assistance and social services grants as have been paid by each city, county or district fiscal officer after crediting them with the reimbursement made from federal funds. Within the limits of the appropriations of state funds, the Commissioner shall reimburse monthly each city, county or district fiscal officer to the extent of sixty-two and one-half percent of such expenditures made in connection with general relief provided under § 63.2-802 . Within the limits of the appropriations of state funds for the purpose, the Commissioner shall reimburse monthly each city, county or district fiscal officer to the extent of eighty percent of expenditures made for auxiliary grants pursuant to § 51.5-160 . Within the limits of state funds appropriated for the purpose, the Commissioner shall reimburse to each county, city or district fiscal officer an amount not less than fifty percent or more than sixty-two and one-half percent of such expenditures, not federally reimbursable, made for the care of children placed in family homes or institutions pursuant to §§ 63.2-900 and 63.2-903 .

Administrative expenditures made by the localities in connection with the providing of public assistance grants, other benefits and related social services, including child welfare pursuant to § 63.2-319 , shall be ascertained by the Board, and the Commissioner shall, within the limits of available federal funds and state appropriations, reimburse monthly each county, city or district fiscal officer therefor out of such federal and state funds in an amount to be determined by the Board not less than fifty percent of such administrative costs.

The Commissioner also shall reimburse monthly, to the extent funds are available for such purpose, each county, city or district fiscal officer out of state and federal funds, to the extent provided in the preceding paragraph, for monthly rental payments for office space provided the local department in publicly owned buildings, for payments that are based on the cost of initial construction or purchase of a building or a reasonable amount for depreciation of such building, and for the cost of repairs and alterations to either a privately or publicly owned building. However, no monthly rental payment shall exceed a reasonable amount as determined by the Commissioner.

Claims for reimbursement shall be presented by the local board to the Commissioner, and shall be itemized and verified in such manner as the Commissioner may require. Such claim shall, upon the approval of the Commissioner, be paid out of funds appropriated by the Commonwealth and funds received from the federal government for the purposes of Subtitles II and III of this title, to the treasurer or other fiscal officer of the county or city. Wherever two or more counties or cities have been combined to form a district pursuant to § 63.2-306 , reimbursements by the Commissioner under this section shall be paid to the district fiscal officer or other person designated to receive such funds by the governing bodies of such counties or cities. The Commonwealth shall reimburse each county and city the full amount of public assistance grants provided for Temporary Assistance for Needy Families.

Code 1950, §§ 63-106, 63-107; 1956, cc. 608, 623; 1958, c. 519; 1962, c. 297; 1966, cc. 530, 599; 1968, cc. 466, 578, § 63.1-92; 1970, c. 776; 1972, cc. 73, 718; 1973, cc. 201, 264; 1974, cc. 44, 45, 488; 1975, c. 121; 1984, cc. 498, 781; 1985, c. 599; 2002, c. 747 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-214.2 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-214.2
Information related to shaken baby syndrome
Status: in_force

The Department shall make information about shaken baby syndrome, its effects, and resources for help and support for caretakers in a printable format, and information about how to acquire information about shaken baby syndrome and its effects in an audiovisual format, available to the public on its website. Such information shall be provided to every child welfare program required to be licensed by the Department at the time of initial licensure and upon request. The Department shall also make the information required in this section available to foster and adoptive parents and other persons, upon request.

2010, c. 551 .
Va. Code Ann. § 63.2-315 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-315
Furnishing reports
Status: in_force

The local boards shall furnish to the Commissioner and the governing body of its county or city such reports relating to the administration of this title as the Commissioner and such governing body, respectively, may require. The local boards shall furnish such reports relating to the administration of applicable provisions of Chapter 14 (§ 51.5-116 et seq.) of Title 51.5 to the Commissioner for Aging and Rehabilitative Services, as may be required.

Code 1950, §§ 63-67, 63-67.1, 63-67.2; 1950, p. 641; 1954, c. 265; 1968, c. 578, § 63.1-52; 1984, c. 498; 2002, c. 747 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-505 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-505
Determining the amount of public assistance
Status: in_force

The Board shall adopt regulations governing the amount of public assistance persons receive under the provisions of this subtitle. In making such regulations, the Board shall consider significant differences in living costs in various counties and cities and, unless otherwise precluded by law, shall establish or approve such variations in monetary public assistance standards for shelter allowance on a regional or local basis, as may be appropriate.

The amount of public assistance any person receives under the provisions of this subtitle shall be determined according to Board regulations with regard to (i) the property and income of the person and any support he receives from other sources, including from persons legally responsible for his support, and (ii) the average cost of providing public assistance statewide. It shall be sufficient to provide public assistance that, when added to all other income and support of the recipient (exclusive of that not to be taken into account as hereinafter provided), provides such person with a reasonable subsistence. In determining the income of and support available to a person, the amount of income required to be exempted by federal statute, or if the federal statute makes such exemption permissive, then such portion thereof as may be determined by the Board shall not be considered in determining the amount of assistance any person may receive under this subtitle.

Any amounts received by a person pursuant to a settlement agreement with, or judgment in a lawsuit brought against, a manufacturer or distributor of "Agent Orange" for damages resulting from exposure to "Agent Orange" shall be disregarded in determining the amount of public assistance such person may receive from state public assistance programs and from federal public assistance programs to the extent permitted by federal law or regulation, and such amounts shall not be subject to a lien or be available for reimbursement to the Commonwealth or any local department for public assistance, notwithstanding the provisions of § 63.2-409 .

Any individual or family applying for or receiving public assistance under the Temporary Assistance for Needy Families Program, medical assistance services for low-income families with children, food stamp, or energy assistance programs, to the extent permitted by federal law and regulation, may have or establish one savings or other investment account per assistance unit not to exceed $5,000. Any such account, including any interest earned thereon or appreciation in value thereof, shall be exempt from consideration in any calculation under any specified public assistance program as long as no funds are withdrawn from the account. The State Board shall promulgate regulations permitting the withdrawal of funds from the account for purposes related to self-sufficiency, disregarding the funds withdrawn for such purposes in any calculation under any specified public assistance program, and establishing penalties for amounts withdrawn for any other purposes or other misuse of these funds.

Code 1950, §§ 63-119, 63-145, 63-183, 63-209; 1950, p. 624; 1952, c. 62; 1954, c. 659; 1958, c. 519; 1962, cc. 363, 403; 1964, c. 92; 1966, c. 456; 1968, cc. 578, 781, § 63.1-110; 1970, c. 721; 1974, c. 328; 1977, c. 503; 1989, cc. 333, 521; 1993, c. 922; 1994, c. 263 ; 2001, c. 483 ; 2002, cc. 360 , 747 .
Va. Code Ann. § 63.2-1957 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1957
Unidentifiable moneys held in special account
Status: in_force

All moneys collected in fees, costs, attorney fees, interest payments, or other funds received by the Commissioner which are unidentifiable as to the support account against which they should be credited, shall be held in a special fund from which the Commissioner may make disbursement for any costs or expenses incurred in the administration or enforcement of the provisions of this chapter.

1974, c. 413, § 63.1-269; 1976, c. 357; 2002, c. 747 .
Va. Code Ann. § 63.2-402 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-402
Reimbursement of the Commonwealth by local board
Status: in_force

If any county or city through its appropriate authorities or officers fails or refuses to provide reimbursement of the Commonwealth, the Board shall authorize and direct the Commissioner to file at the end of each month with the State Comptroller and with the local governing body of such county or city a statement showing all disbursements and expenditures, including administrative expenditures, made for and on behalf of such county or city, and the Comptroller shall from time to time as such funds become available deduct from the funds appropriated by the Commonwealth, in excess of requirements of the Constitution of Virginia, for distribution to such county or city amounts required to reimburse the Commonwealth for expenditures incurred under the provisions of this section. All funds so deducted and transferred are hereby appropriated for the purposes set forth, and shall be expended and disbursed as provided in § 63.2-403 . Any county or city may provide such other necessary or incidental social or rehabilitative services as may be authorized by the Board in connection therewith.

1974, c. 488, § 63.1-92.1; 1984, c. 781; 2002, c. 747 .
Va. Code Ann. § 63.2-1508 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 2 / Section 63.2-1508
(Effective until July 1, 2027) Valid report or complaint
Status: in_force

A. A valid report or complaint means the local department has evaluated the information and allegations of the report or complaint and determined that the local department shall conduct an investigation, family assessment, or human trafficking assessment because the following elements are present:

1. The alleged victim child or children are under 18 years of age at the time of the complaint or report;

2. The alleged abuser is the alleged victim child's parent or other caretaker or, for purposes of abuse or neglect described in subdivision 4 of the definition of "abused or neglected child" in § 63.2-100 , an intimate partner of such parent or caretaker;

3. The local department receiving the complaint or report has jurisdiction; and

4. The circumstances described allege suspected child abuse or neglect.

B. A valid report or complaint regarding a child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) may be established regardless of who the alleged abuser is or whether the alleged abuser has been identified.

C. Nothing in this section shall relieve any person specified in § 63.2-1509 from making a report required by that section, regardless of the identity of the person suspected to have caused such abuse or neglect.

D. If the local department receiving the complaint or report does not have jurisdiction, and the local department that has jurisdiction to investigate such complaint or report is located in the Commonwealth, the local department that received the report or complaint shall forward the complaint or report to the appropriate local department.

1975, c. 341, § 63.1-248.2; 1981, c. 123; 1986, c. 308; 1990, c. 760; 1995, c. 520 ; 2000, c. 500 ; 2002, c. 747 ; 2019, cc. 381 , 687 ; 2022, c. 366 .
Va. Code Ann. § 63.2-1249 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 7 / Section 63.2-1249
Establishment of Registry
Status: in_force

A. A Virginia Birth Father Registry is hereby established in the Department of Social Services.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Birth Father Registry Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys collected under § 63.2-1201 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund by shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of administration of the Virginia Birth Father Registry. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner or his designee.

2006, c. 825 ; 2017, c. 200 .
Va. Code Ann. § 63.2-1955 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1955
Distribution of collections from federal tax refund offsets
Status: in_force

Distribution of amounts collected by the Department as a result of an offset made under the Federal Tax Refund Offset Program (P.L. 97-35, as amended) to satisfy non-TANF past-due support from a federal tax refund based upon a joint return shall be made when the Department is notified that the unobligated spouse's proper share of the refund has been paid or 180 days following receipt of the offset, whichever is earlier. The Department shall establish procedures for the prompt refund of any incorrect offset amounts and the compensation of unobligated spouses for the payment of their shares to obligees.

1997, c. 653 , § 63.1-251.4; 1998, c. 781 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1404 — Virginia Code / Title 63.2 / Subtitle III / Chapter 14 / Section 63.2-1404
Medical assistance; penalties
Status: in_force

A. A child with special needs resident in this Commonwealth who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this Commonwealth upon the filing in the Department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

B. The Department of Medical Assistance Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this Commonwealth and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

C. The Department shall provide coverage and benefits not provided by the state plan for medical assistance in the residence state for a child who is in another state and who is covered by an adoption assistance agreement made in Virginia to the extent required by the agreement. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Department of Medical Assistance Services shall adopt regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services for which there is no federal financial contribution or which, if federally aided, are not provided by the residence state. Such regulations shall include procedures to be followed in obtaining prior approvals for services when such approval is required for the assistance.

D. The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine of not more than $10,000, or imprisonment for not more than two years, or both.

E. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this Commonwealth under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this Commonwealth. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this Commonwealth shall be eligible to receive it in accordance with the laws and procedures applicable thereto.

1988, c. 154, § 63.1-238.10; 2002, c. 747 .
Va. Code Ann. § 63.2-1204 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1204
When consent is revocable; fraud or duress; mutual consent
Status: in_force

Parental consent to an adoption or an entrustment agreement not yet finalized by the court, shall be revocable prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents or the child-placing agency.

Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603; 1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.12; 2002, c. 747 ; 2009, c. 805 .
Va. Code Ann. § 63.2-1613 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 3 / Section 63.2-1613
Responsibilities of local departments
Status: in_force

Local departments may, to the extent that funds are available:

1. Promote interagency cooperation at the local level for technical assistance, data collection and service delivery; and

2. Provide services directly to victims of domestic violence.

1985, c. 20, § 63.1-317.1; 2002, c. 747 .
Va. Code Ann. § 63.2-1205.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1205.1
Certain offenders prohibited from adopting a child
Status: in_force

No petition for adoption shall be granted if the person seeking to adopt has been convicted of an offense requiring registration pursuant to § 9.1-902 .

2006, c. 384 ; 2020, c. 829 .
Va. Code Ann. § 63.2-331 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-331
Counties with special forms of government
Status: in_force

In any county having a special form of government under which the governing body of the county would be the appointing authority of the local board, local director, and local employees, the governing body may, subject to the personnel standards and regulations of the Board, authorize the local board to exercise the powers relating to the employment of the local director and other employees required to administer this title in such county and the fixing of their compensation or authorize the local board to exercise such powers insofar as they relate to the local director and the local director to exercise such powers insofar as they relate to other employees required to administer this title in such county.

Code 1950, § 63-85; 1954, c. 573; 1968, c. 578, § 63.1-67; 2002, c. 747 .
Va. Code Ann. § 63.2-527 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-527
Notice of earned income tax credit
Status: in_force

The Department shall provide notice regarding the availability of the federal earned income tax credit authorized in § 32 of the Internal Revenue Code and the state earned income tax credit authorized in subdivision B 2 of § 58.1-339.8 to all recipients of Temporary Assistance for Needy Families pursuant to Chapter 6 (§ 63.2-600 et seq.), SNAP benefits pursuant to § 63.2-801 , or medical assistance pursuant to § 32.1-325 who had earned income in the prior tax year based on information available through the Virginia Employment Commission and, according to information made available by the Virginia Department of Taxation, either did not file federal or state income taxes or filed taxes and did not claim the federal or state earned income tax credit. Notice shall be distributed to recipients annually and shall include information on the qualifying income levels, the amount of credit available, the process for applying for the credit, and the availability of assistance in applying for the credit.

2008, c. 86 ; 2016, c. 29 .
Va. Code Ann. § 63.2-1223 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 2 / Section 63.2-1223
Revocation of entrustment agreement
Status: in_force

A valid entrustment agreement terminating all parental rights and responsibilities to the child shall be revocable by either of the birth parents until (i) the child has reached the age of 10 days and (ii) seven days have elapsed from the date of execution of the agreement. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the child has not been placed in the physical custody of the prospective adoptive parents at the time of such revocation. Revocation of an entrustment agreement shall be in writing and signed by the revoking party. The written revocation shall be delivered to the child-placing agency or local board to which the child was originally entrusted. Delivery of the written revocation shall be made during the business day of the child-placing agency or local board to which the child was originally entrusted, in accordance with the applicable time period set out in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the agency or local board is officially closed, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the agency or local board is officially closed. Upon revocation of the entrustment agreement, the child shall be returned to the parent revoking the agreement.

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.30; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2007, cc. 606 , 623 .
Va. Code Ann. § 63.2-1251 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 7 / Section 63.2-1251
Furnishing information; confidentiality; penalty
Status: in_force

A. The Department is not required to locate the mother of a child who is the subject of a registration, but the Department shall send a copy of the notice of registration to the mother if an address is provided.

B. Information contained in the registry is confidential and may only be released on request to:

1. A court or a person designated by the court;

2. The mother of the child who is the subject of the registration;

3. An agency authorized by law to receive such information;

4. A licensed child-placing agency;

5. A support enforcement agency;

6. The child's guardian ad litem;

7. A party or the party's attorney of record in an adoption proceeding, custody proceeding, paternity proceeding, or in a proceeding of termination of parental rights, regarding a child who is the subject of the registration;

8. A putative father registry in another state; and

9. A local department of social services for the purpose of establishing paternity of a child accepted for placement by a local board pursuant to § 63.2-900 .

C. Information contained in the registry shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

D. An individual who intentionally releases information from the registry to an individual or agency not authorized to receive the information in this section is guilty of a Class 4 misdemeanor.

2006, c. 825 ; 2012, c. 424 ; 2015, c. 531 .
Va. Code Ann. § 63.2-1102 — Virginia Code / Title 63.2 / Subtitle III / Chapter 11 / Section 63.2-1102
Supplementary agreements
Status: in_force

The officers and agencies of this Commonwealth and its subdivisions having authority to place children are hereby empowered to enter into supplementary agreements with appropriate officers or agencies in other party states pursuant to subdivision (b) of Article V of the compact pursuant to Chapter 10 (§ 63.2-1000 et seq.) of this title. Any such agreement which contains a financial commitment or imposes a financial obligation on this Commonwealth or on a subdivision or agency thereof is subject to the written approval of the State Comptroller and of the chief fiscal officer of the subdivision involved.

1975, c. 406, § 63.1-219.4; 2002, c. 747 .
Va. Code Ann. § 63.2-1518 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1518
Authority to talk to child or sibling
Status: in_force

Any person required to make a report or conduct an investigation or family assessment, pursuant to this chapter may talk to any child suspected of being abused or neglected or to any of his siblings without consent of and outside the presence of his parent, guardian, legal custodian, or other person standing in loco parentis, or school personnel.

1975, c. 341, § 63.1-248.10; 1979, c. 453; 1986, c. 308; 2000, c. 500 ; 2002, c. 747 .
Va. Code Ann. § 63.2-604 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-604
Repealed
Status: repealed

Repealed by Acts 2020, c. 550 , cl. 2.
Va. Code Ann. § 63.2-1237 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1237
Petition for parental placement adoption; jurisdiction; contents
Status: in_force

Proceedings for the parental placement adoption of a minor child and for a change of name of such child shall be instituted only by petition to the circuit court in the county or city in which the petitioner resides or in the county or city where a birth parent has executed a consent pursuant to § 63.2-1233 . Such petition may be filed by any natural person who resides in the Commonwealth or is the adopting parent(s) of a child who was subject to a consent proceeding held pursuant to § 63.2-1233 . The petition shall ask leave to adopt a minor child not legally the petitioner's by birth and, if it is so desired by the petitioner, also to change the name of such child. In the case of married persons, the petition shall be the joint petition of the husband and wife but, in the event the child to be adopted is legally the child by birth or adoption of one of the petitioners, such petitioner shall unite in the petition for the purpose of indicating his or her consent to the prayer thereof only. The petition shall contain a full disclosure of the circumstances under which the child came to live, and is living, in the home of the petitioner. Each petition for adoption shall be signed by the petitioner as well as by counsel of record, if any. In any case in which the petition seeks the entry of an adoption order without referral for investigation, the petition shall be under oath.

The petition shall state that the findings required by § 63.2-1232 have been made and shall be accompanied by appropriate documentation supporting such statement, to include copies of documents executing consent and transferring custody of the child to the prospective adoptive parents, and a copy of the report required by § 63.2-1231 . The court shall not waive any of the requirements of this paragraph nor any of the requirements of § 63.2-1232 except as allowed pursuant to subsection D of § 63.2-1232 or subdivision 4 of § 63.2-1233 .

A single petition for adoption under the provisions of this section shall be sufficient for the concurrent adoption by the same petitioners of two or more children who have the same birth parent or parents; and nothing in this section shall be construed as having heretofore required a separate petition for each of such children.

Code 1950, § 63-348; 1952, c. 550; 1954, c. 489; 1956, c. 300; 1964, c. 459; 1968, c. 578, § 63.1-221; 1970, c. 672; 1973, c. 406; 1975, c. 461; 1978, c. 730; 1983, c. 614; 1988, c. 882; 1989, c. 647; 1991, cc. 76, 602; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.44; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2015, c. 529 .
Va. Code Ann. § 63.2-910.2 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-910.2
Petition to terminate parental rights
Status: in_force

A. If a child has been in foster care under the responsibility of a local board for 15 of the most recent 22 months or if the parent of a child in foster care 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 (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 such offense occurred, or the other parent of the child; or (ii) 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, the local board shall file a petition to terminate the parental rights of the child's parents and concurrently identify, recruit, process, and approve a qualified family for adoption of the child, unless:

1. At the option of the local board, the child is being cared for by a relative;

2. The local board has determined that the filing of such a petition would not be in the best interests of the child and has documented a compelling reason for such determination in the child's foster care plan, such as (i) a relative has shown the will and ability to care for the child or (ii) the parent's incarceration or participation in a court-ordered residential substance abuse treatment program constitutes the primary factor in the child's placement in foster care, and termination of parental rights is not in the child's best interests; or

3. The local board has not provided to the family of the child, within the time period established in the child's foster care plan, services deemed necessary for the child's safe return home or has not otherwise made reasonable efforts to return the child home, if required under § 473(a)(15)(B)(ii) of Title IV-E of the Social Security Act (42 U.S.C. § 673).

B. As used in this section, "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.

2017, c. 190 ; 2021, Sp. Sess. I, c. 535 .
Va. Code Ann. § 63.2-1901 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 1 / Section 63.2-1901
Purpose of chapter; powers and duties of the Department
Status: in_force

It is the purpose of this chapter to promote the efficient and accurate collection, accounting and receipt of support for financially dependent children and their custodians, and to further the effective and timely enforcement of such support while ensuring that all functions in the Department are appropriate or necessary to comply with applicable federal law.

Nonattorney employees of the Department are authorized to complete, sign and file petitions and motions on forms approved by the Supreme Court of Virginia relating to the establishment, modification, or enforcement of support in Department cases in the juvenile and domestic relations district courts. Orders entered prior to July 1, 2008, shall not be deemed void or voidable solely because such petitions and motions were signed by nonattorney employees.

When so ordered by the court or the Department, support for financially dependent children and their custodians shall be paid by obligors to the Department's State Disbursement Unit (SDU) or in district offices located within the Commonwealth for processing by the SDU. The Department shall have authority to enter into contracts with any appropriate public or private entities to enforce, collect, account for and disburse payments for child or spousal support.

The Division of Child Support Enforcement within the Department shall be authorized to issue payments to implement the disbursement of funds pursuant to the provisions of this section.

1974, c. 413, § 63.1-249; 1975, c. 596; 1976, c. 357; 1987, cc. 658, 706; 1998, c. 727 ; 2001, c. 573 ; 2002, c. 747 ; 2008, cc. 136 , 845 .
Va. Code Ann. § 63.2-1803.01 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1803.01
Possession or administration of cannabis oil
Status: in_force

Assisted living facility staff members who are authorized to possess, distribute, or administer medications to residents in accordance with the facility's written plan for medication management shall be permitted to store, dispense, or administer cannabis oil to a resident who has been issued a valid written certification for the use of cannabis oil in accordance with § 4.1-1601 and has registered with the Board of Directors of the Virginia Cannabis Control Authority.

2020, c. 846 ; 2023, cc. 740 , 773 .
Va. Code Ann. § 63.2-1531 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 7 / Section 63.2-1531
Definitions
Status: in_force

For the purposes of this article, unless the context requires a different meaning:

"Alternative living arrangement" means an arrangement whereby custody of a child is temporarily transferred to a caregiver in conjunction with an alternative living arrangement service plan.

"Alternative living arrangement service plan" means a plan developed by the local department and the family that describes the services identified to meet the safety needs of the child and to address the issues identified by the local department that necessitated the parental child safety placement arrangement and any subsequent court-approved removal of the child from his home.

"Caregiver" means a relative of the child as defined in subsection H of § 63.2-900.1 other than the child's parent, guardian, or legal custodian.

"In-Home Services" means services that (i) address child safety and risk factors; (ii) preserve families by maintaining the child's safety at home or in the home of a caregiver; (iii) prevent further abuse or neglect of the child; (iv) reduce or eliminate re-traumatization of the child or family; (v) maintain the child's current living arrangement and community culture; or (vi) otherwise promote the child's well-being, safety, and permanence.

"Parental child safety placement arrangement" means a temporary out-of-home placement of a child with a caregiver that is arranged by the child's parent, guardian, or legal custodian in accordance with a written agreement approved by the local department that ensures the safety of the child.

"Program" means the Parental Child Safety Placement Program established pursuant to § 63.2-1532 .

2024, cc. 629 , 662 .
Va. Code Ann. § 63.2-1242.3 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 4.1 / Section 63.2-1242.3
Close relative placement; child in home for two years or more
Status: in_force

When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for two or more years, the parental placement provisions of this chapter shall not apply and the adoption proceeding shall commence in the circuit court.

For adoptions under this section:

1. An order of reference, an investigation and a report shall not be made unless the circuit court in its discretion shall require an investigation and report to be made.

2. The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption when the court is of the opinion that the entry of an order would otherwise be proper.

3. If the circuit court determines the need for an investigation, it shall refer the matter to the local director of the department of social services for an investigation and report, which shall be completed in such time as the circuit court designates.

4. The circuit court may waive appointment of a guardian ad litem for the child.

2006, cc. 825 , 848 ; 2010, c. 306 ; 2018, c. 4 .
Va. Code Ann. § 63.2-410 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-410
State pool of funds under the Children's Services Act
Status: in_force

The General Assembly and the governing body of each county and city shall appropriate such sum or sums of money for use by the community policy and management teams through the state pool of funds established in Chapter 52 (§ 2.2-5200 et seq.) of Title 2.2 as shall be sufficient to provide basic foster care services for children who are identified as being at risk, as determined by policy developed by the Board, or who are under the custody and control of the local board. The local governing body of each county and city shall appropriate such sums of money as necessary for the purchase of such other essential social services to children and adults under such conditions as may be prescribed by the Board in accordance with federally reimbursed public assistance and social service programs.

Code 1950, § 63-72.1; 1966, c. 593; 1968, cc. 466, 578, § 63.1-55; 1973, c. 122; 1977, c. 634; 1982, c. 171; 1984, c. 781; 1986, c. 281; 1992, cc. 837, 880; 2002, c. 747 ; 2015, c. 366 .
Va. Code Ann. § 63.2-313 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-313
Administration of law
Status: in_force

The local boards shall, subject to the regulations of the Board, administer the applicable provisions of this title in their respective counties and cities. The local boards shall also administer the applicable provisions of Chapter 14 (§ 51.5-116 et seq.) of Title 51.5 pursuant to the regulations of the Commissioner for Aging and Rehabilitative Services.

Code 1950, § 63-66; 1968, c. 578, § 63.1-50; 2002, c. 747 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-1604 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 2 / Section 63.2-1604
Repealed
Status: repealed

Repealed by Acts 2012, cc. 803 and 835 , cl. 61, effective July 1, 2013.
Va. Code Ann. § 63.2-605 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-605
Eligibility for TANF; parolees and probationers who fail drug tests
Status: in_force

Upon receipt of notification from a probation or parole officer that a TANF caretaker under his supervision has failed a drug test, the local department shall provide future TANF cash benefits to such caretaker's assistance unit as protective or vendor payments to a third party payee for the benefit of the assistance unit. After twelve months, the local department may reinstate such caretaker as the payee for the assistance unit provided such caretaker has failed no subsequent drug test within such twelve-month period. Any caretaker who is reported to have failed a drug test under this section may appeal such report, including the validity of any test results, pursuant to §§ 63.2-517 , 63.2-518 and 63.2-519 .

1997, c. 526 , § 63.1-105.8; 2002, c. 747 .