2006 Code of Virginia § 63.2-1212 - Visitations during probationary period and report

63.2-1212. Visitations during probationary period and report.

A. Except as hereinafter provided, after the entry of an interlocutory orderof adoption, (i) the licensed or duly authorized child-placing agency; (ii)if the child was not placed by an agency and the placement is not a parentalplacement, the local director; (iii) if the placement is a parentalplacement, the child-placing agency that submitted the home study; or, (iv)if the child was placed by an agency in another state or by an agency, court,or other entity in another country, the local director or licensedchild-placing agency, whichever agency completed the home study or providedsupervision, shall cause the child to be visited at least three times withina period of six months by an agent of such local board or local department orby an agent of such licensed or duly authorized child-placing agency.Whenever practicable, such visits shall be made within the six-month periodimmediately following the date of entry of the interlocutory order; however,no less than ninety days shall elapse between the first visit and the lastvisit. The agency that placed the child, the child-placing agency thatsubmitted the home study, the local director or the licensed child-placingagency, as applicable, shall make a written report to the circuit court, insuch form as the Commissioner may prescribe, of the findings made pursuant tosuch visitations. A copy of the report to the circuit court shall befurnished to the counsel of record for the parties, which copy shall bereturned by such counsel as is required by 63.2-1246 for the return of theoriginal report. A copy of the report to the circuit court shall be served onthe Commissioner by delivering or mailing a copy to him on or before the dayof filing the report with the circuit court. On the report to the circuitcourt there shall be appended either acceptance of service or certificationof the local director or the representative of the child-placing agency, thatcopies were served as this section requires, showing the date of delivery ormailing. The Commissioner may notify the circuit court within twenty-one daysof the date of delivery or mailing of the report as shown by the agency,during which time the circuit court shall withhold consideration of themerits of the report pending review of the report by the Commissioner, of anydisapproval thereof stating reasons for any further action on the report thathe deems necessary.

B. The three supervisory visits required in subsection A shall be conductedin the presence of the child. At least one such visit shall be conducted inthe home of the petitioners in the presence of the child and bothpetitioners, unless the petition was filed by a single parent or one of thepetitioners is no longer residing in the home.

C. When it is determined for purposes of subsection B that the petitioner nolonger resides in the adoptive home, the child-placing agency or localdirector shall contact the petitioner to determine whether or not thepetitioner wishes to remain a party to the proceedings and shall include inits report to the circuit court the results of its findings.

(Code 1950, 63-354; 1956, c. 187; 1962, c. 603; 1964, c. 429; 1968, c. 578, 63.1-228; 1972, c. 73; 1975, c. 364; 1976, c. 367; 1980, c. 740; 1988, c.599; 1989, c. 647; 1992, c. 607; 2000, c. 830, 63.1-219.19; 2002, c. 747.)