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Bill > HB1854


VA HB1854

Persons with legitimate interest; parent whose rights have previously been terminated, custody, etc.


summary

Introduced
01/06/2025
In Committee
02/12/2025
Crossed Over
01/29/2025
Passed
02/19/2025
Dead
Signed/Enacted/Adopted
03/19/2025

Introduced Session

2025 Regular Session

Bill Summary

Party with legitimate interest; parent whose rights have previously been terminated. Allows a parent whose rights previously have been terminated to be considered a party with a legitimate interest for the purposes of filing a custody or visitation petition, provided that the child whose custody or visitation is at issue (i) is at least 14 years of age, (ii) has had a permanency goal previously achieved by adoption, (iii) has had his adoptive parents die or each of such child's adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated, and (iv) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (a) complied with the terms of any written post-adoption contact and communication agreement entered into and (b) maintained a positive, continuous relationship with the child since termination. Under current law, a party with a legitimate interest does not include any person whose parental rights have been terminated by court order, either voluntarily or involuntarily.

AI Summary

This bill modifies Virginia law to allow a parent whose parental rights have previously been terminated to potentially seek custody or visitation under specific, narrow circumstances. Specifically, such a parent can file a petition if the following conditions are met: the child is at least 14 years old, has been previously adopted, has lost or had their adoptive parents' rights terminated, and is currently in the custody of a local social services board. Additionally, the parent seeking custody must have complied with any prior post-adoption contact agreements and maintained a positive, continuous relationship with the child since their rights were originally terminated. Under current law, parents whose rights have been terminated are categorically prohibited from seeking custody or visitation. The bill represents a carefully defined exception to this rule, intended to potentially reunite a child with a parent who has maintained a connection despite previous legal termination of parental rights, but only in circumstances where the child is older and no longer in an adoptive placement.

Committee Categories

Justice

Sponsors (2)

Last Action

Acts of Assembly Chapter text (CHAP0143) (on 03/19/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/HB1854
BillText https://lis.virginia.gov/bill-details/20251/HB1854/text/CHAP0143
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1854) https://lis.blob.core.windows.net/files/1060972.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1854/text/HB1854ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1854) https://lis.blob.core.windows.net/files/1029539.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1854/text/HB1854H1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1854) https://lis.blob.core.windows.net/files/1023351.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB1854/text/HB1854
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