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VA SB1372

VA SB1372
Children; petitions for relief of care & custody, investigation by local dept. of social services.


summary

Introduced
01/13/2025
In Committee
02/05/2025
Crossed Over
01/28/2025
Passed
02/11/2025
Dead
Signed/Enacted/Adopted
03/19/2025

Introduced Session

2025 Regular Session

Bill Summary

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 HB 1733.

AI Summary

This bill addresses petitions for relief of care and custody of children by introducing several key changes and requirements. It mandates that when a request for such a petition is received, the local department of social services must refer the parent to a local family assessment and planning team and create a comprehensive written report about the child and family's history. The Department of Social Services, in collaboration with the Virginia League of Social Services Executives, will develop a template for this report that includes detailed background information about the child, exploration of potential relatives or fictive kin, and information about services offered to the child and family. Additionally, the bill directs the Office of the Children's Ombudsman to convene a work group of various stakeholders to examine the factors courts should consider when determining "good cause" for granting a petition for relief of care and custody, and to explore potentially raising the standard of evidence from "preponderance of evidence" to "clear and convincing evidence" for temporary custody relief. The work group is required to submit a report of its findings and recommendations by November 1, 2025, with the bill's provisions becoming effective on January 1, 2026. This legislation aims to improve the process and standards for handling petitions involving child care and custody by ensuring more thorough investigation, documentation, and judicial consideration.

Committee Categories

Justice

Sponsors (8)

Last Action

Acts of Assembly Chapter text (CHAP0155) (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/SB1372
BillText https://lis.virginia.gov/bill-details/20251/SB1372/text/CHAP0155
BillText https://lis.virginia.gov/bill-details/20251/SB1372/text/SB1372ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1372) https://lis.blob.core.windows.net/files/1046636.PDF
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1372) https://lis.blob.core.windows.net/files/1031942.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1372/text/SB1372S1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1372) https://lis.blob.core.windows.net/files/1020841.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1372/text/SB1372
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