HB 1733

Abstract

Petitions for relief of care and custody of a child; investigation by local department of social services; Office of the Children's Ombudsman work group; report. Requires a local department of social services, as a part of its investigation after the referral of a request for a petition for relief of the care and custody of a child, to (i) refer the parent to the local family assessment and planning team and (ii) create a written report. The bill directs the Department of Social Services, in coordination with the Virginia League of Social Services Executives, to create a template for and provide guidance on what should be included in such written report. The bill also directs the Office of the Children's Ombudsman to convene a work group composed of relevant stakeholders to (a) determine the factors a court should consider when determining whether there is good cause shown for a petitioner's desire to be relieved of the care and custody of a child and (b) explore the potential benefits and considerations of raising the standard of evidence for granting temporary relief of custody from the current standard of preponderance of the evidence to clear and convincing evidence. The bill directs the work group to submit a report of its findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice and the Virginia Commission on Youth by November 1, 2025. Certain provisions of the bill have a delayed effective date of January 1, 2026. As introduced, this bill was a recommendation of the Virginia Commission on Youth. This bill is identical to SB 1372.

An Act to amend and reenact § 16.1-277.02 of the Code of Virginia, relating to petitions for relief of care and custody of a child; investigation by local department of social services; Office of the Children's Ombudsman work group; report.