2006 Code of Virginia § 63.2-1208 - Investigations; report to circuit court

63.2-1208. Investigations; report to circuit court.

A. Upon consideration of the petition, the circuit court shall, upon beingsatisfied as to proper jurisdiction and venue, immediately enter an orderreferring the case to a child-placing agency to conduct an investigation andprepare a report unless no investigation is required pursuant to thischapter. The court shall enter the order of reference prior to orconcurrently with the entering of an order of publication, if such isnecessary. Upon entry of the order of reference, the clerk shall forward acopy of the order of reference, the petition, and all exhibits thereto to theCommissioner and the child-placing agency retained to provide investigative,reporting, and supervisory services. If no Virginia agency was retained toprovide such services, the order of reference, petition, and all exhibitsshall be forwarded to the local director of social services of the localitywhere the petitioners reside or resided at the time of filing the petition orhad legal residence at the time the petition was filed.

B. Upon receiving a petition and order of reference from the circuit court,the applicable agency shall make a thorough investigation of the matter andreport thereon in writing, in such form as the Commissioner may prescribe, tothe circuit court within 60 days after the copy of the petition and allexhibits thereto are forwarded. A copy of the report to the circuit courtshall be served on the Commissioner by delivering or mailing a copy to him onor before the day of filing the report with the circuit court. On the reportto the circuit court there shall be appended either acceptance of service orcertificate of the local director, or the representative of the child-placingagency, that copies were served as this section requires, showing the date ofdelivery or mailing. The circuit court shall expeditiously consider themerits of the petition upon receipt of the report.

C. If the report is not made to the circuit court within the periodsspecified, the circuit court may proceed to hear and determine the merits ofthe petition and enter such order or orders as the circuit court may deemappropriate.

D. The investigation requested by the circuit court shall include, inaddition to other inquiries that the circuit court may require thechild-placing agency or local director to make, inquiries as to (i) whetherthe petitioner is financially able, except as provided in Chapter 13 (63.2-1300 et seq.) of this title, morally suitable, in satisfactory physicaland mental health and a proper person to care for and to train the child;(ii) what the physical and mental condition of the child is; (iii) why theparents, if living, desire to be relieved of the responsibility for thecustody, care and maintenance of the child, and what their attitude is towardthe proposed adoption; (iv) whether the parents have abandoned the child orare morally unfit to have custody over him; (v) the circumstances under whichthe child came to live, and is living, in the physical custody of thepetitioner; (vi) whether the child is a suitable child for adoption by thepetitioner; and (vii) what fees have been paid by the petitioners or on theirbehalf to persons or agencies that have assisted them in obtaining the child.Any report made to the circuit court shall include a recommendation as to theaction to be taken by the circuit court on the petition. A copy of any reportmade to the circuit court shall be furnished to counsel of recordrepresenting the adopting parent or parents. When the investigation revealsthat there may have been a violation of 63.2-1200 or 63.2-1218, the localdirector or child-placing agency shall so inform the circuit court and theCommissioner.

E. The report shall include the relevant physical and mental history of thebirth parents if known to the person making the report. The child-placingagency or local director shall document in the report all efforts they madeto encourage birth parents to share information related to their physical andmental history. However, nothing in this subsection shall require that aninvestigation of the physical and mental history of the birth parents be made.

F. If the specific provisions set out in 63.2-1228, 63.2-1238, 63.2-1242and 63.2-1244 do not apply, the petition and all exhibits shall be forwardedto the local director where the petitioners reside or to a licensedchild-placing agency.

(Code 1950, 63-348.1, 63-349, 63-356.1; 1950, pp. 441, 626; 1954, c. 489;1956, cc. 187, 300, 489; 1962, c. 603; 1964, cc. 139, 429; 1968, cc. 346,578, 63.1-222, 63.1-223, 63.1-231; 1972, c. 823; 1974, cc. 26, 337, 421,493, 507; 1975, c. 364; 1977, c. 526; 1978, c. 730; 1979 c. 339; 1980, c.740; 1982, c. 115; 1985, cc. 298, 300; 1986, cc. 481, 482; 1987, c. 482;1988, cc. 53, 579, 599, 882; 1989, c. 647; 1992, c. 607; 1993, c. 553; 1995,cc. 772, 826; 2000, c. 830, 63.1-219.35, 63.1-219.45, 63.1-219.49,63.1-219.51; 2002, c. 747; 2003, c. 502; 2006, cc. 825, 848.)