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Bill > HB2613


VA HB2613

VA HB2613
Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.


summary

Introduced
01/13/2025
In Committee
02/12/2025
Crossed Over
02/03/2025
Passed
03/07/2025
Dead
Vetoed
04/02/2025

Introduced Session

2025 Regular Session

Bill Summary

Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.

AI Summary

This bill addresses how legal substance possession and consumption by parents or guardians should be considered in child abuse, custody, and visitation determinations. Specifically, the bill clarifies that possessing or consuming substances legally authorized under Virginia law (such as alcohol or cannabis) shall not automatically be grounds for deeming a child abused or neglected, nor shall it be a basis for restricting custody or visitation rights. The bill requires that such legal substance use can only be considered a factor in child welfare decisions if additional evidence demonstrates that the substance use creates a risk of physical or mental injury to the child. Additionally, the bill directs the Board of Social Services to update its regulations, guidance documents, and instructional materials to align with these provisions and ensure that local social services departments conduct investigations and family assessments accordingly. The goal is to prevent parents from being penalized solely for legal substance use and to focus child welfare assessments on actual risks to the child's well-being.

Committee Categories

Justice

Sponsors (7)

Last Action

House sustained Governor's veto (on 04/02/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/HB2613
Governor's Veto Explanation HB2613 https://lis.virginia.gov/bill-details/20251/HB2613/text/HB2613VG
BillText https://lis.virginia.gov/bill-details/20251/HB2613/text/HB2613ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB2613) https://lis.blob.core.windows.net/files/1069635.PDF
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB2613) https://lis.blob.core.windows.net/files/1023698.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB2613/text/HB2613
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