2006 Code of Virginia § 63.2-1242.2 - Close relative adoption; child in home less than three years

63.2-1242.2. Close relative adoption; child in home less than three years.

A. When the child has continuously resided in the home or has been in thecontinuous physical custody of the prospective adoptive parent(s) who is aclose relative for less than three years, the adoption proceeding, includingcourt approval of the home study, shall commence in the juvenile and domesticrelations district court pursuant to the parental placement adoptionprovisions of this chapter with the following exceptions:

1. The birth parent(s)' consent does not have to be executed in juvenile anddomestic relations district court in the presence of the prospective adoptiveparents.

2. The simultaneous meeting specified in 63.2-1231 is not required.

3. No hearing is required for this proceeding.

B. Upon the juvenile and domestic relations district court issuing an orderaccepting consents or otherwise dealing with birth parents rights andappointing the close relative(s) custodians of the child, the closerelative(s) may file a petition in the circuit court as provided in Article 1( 63.2-1200 et seq.) of this chapter.

C. For adoptions under this section:

1. An order of reference, an investigation and a report shall not be made ifthe home study report is filed with the circuit court unless the circuitcourt in its discretion requires an investigation and report to be made.

2. The circuit court may omit the probationary period and the interlocutoryorder and enter a final order of adoption when the court is of the opinionthat the entry of an order would otherwise be proper.

3. If the circuit court determines that there is a need for an additionalinvestigation, it shall refer the matter to the licensed child-placing agencythat drafted the home study report for an investigation and report, whichshall be completed within such times as the circuit court designates.

(2006, cc. 825, 848.)