Bill > HB775

This bill aims to strengthen protections for children in foster care, particularly those who may be of Native American descent, and to clarify the definition and application of "reasonable efforts" by social services agencies. Key provisions include requiring courts to determine, at preliminary removal hearings, whether diligent efforts have been made to ascertain if a child is an "Indian child" as defined by the Indian Child Welfare Act (ICWA), a federal law designed to protect Native American children and families. If a child is found to be an Indian child or eligible for tribal membership, they will receive the protections of ICWA, including the standard of "active efforts" to prevent removal and reunify families. The bill also introduces a detailed definition of "reasonable efforts," emphasizing activities aimed at maintaining or reuniting a child with their family, including comprehensive assessments, assistance in accessing resources, addressing financial barriers, and facilitating visits. Furthermore, it directs the Department of Social Services to create new regulations that prevent parents from being found to have neglected their child solely due to poverty if no outside resources are available, instead requiring the local department to provide services. The bill also makes several technical amendments to existing laws regarding foster care plans, reviews, and termination of parental rights to align with these changes, with the updated definition of "reasonable efforts" taking effect on July 1, 2027.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20261/HB775