2019 US Virgin Islands Code
Title 5 - Judicial Procedure
Subtitle 2 - Family Division Procedure
Chapter 201 - Family Division of the Superior Court
Subchapter IV - Abuse and Neglect Matters
§ 2554. Limitation of time on abuse and neglect dispositional orders; application for review; periodic review; modification or revocation of court orders
(a) A dispositional order authorized pursuant to section 2549 of this title shall remain in force for one year unless the court:
(1) in the order authorizes the Department of Social Welfare to terminate the status or conditions sooner if the purposes of the order have been achieved; or
(2) sooner vacates or modifies by subsequent court order; or
(3) has removed the child from the home. In such case, the order shall not expire at the end of one year, but, if by the end of the year the Attorney General has not moved the court to extend the order or terminate parental rights, the parent, guardian or custodian of the child may petition the court to have the child returned to them. The Attorney General has ten days to respond and move for an extension of the order. To extend an order for an additional period of time the Attorney General must show by the preponderance of evidence that, if returned, there is a likelihood that the child will be abused or neglected.
However prior to the expiration of a dispositional order the court may extend the order, or order any other disposition allowed in section 2549, for an additional period of one year if it finds after the hearing that the purposes of the dispositional order have not been achieved; Provided, however, That a child shall be returned to parent, guardian, or custodian unless the Attorney General can show by the preponderance of evidence that, if returned, there is a likelihood that the child will be abused or neglected.
(b) At any time prior to expiration of a dispositional order as authorized pursuant to section 2549, the court may review its order on the motion of any party. Upon such hearing, for good cause shown, the court may notify its original or subsequent order within limits described in section 2549, or shall revoke its original or subsequent order when it appears that the purpose of the order has been achieved; Provided, however, That to return a child to the home, the movant must show to the court by a preponderance of the evidence that, if returned, the child will not be abused or neglected.
(c) A report shall be sent by the Department of Social Welfare to the court ninety days after the removal of a child pursuant to a dispositional order. The status of all children removed from their home shall be reviewed at least once every six months following the initial dispositional order by which the child was removed.
(d) At each review hearing pursuant to this section where the child is not returned home and parental rights are not terminated, the court shall establish on the record:
(1) what services have been provided to or offered to the parents or guardian to facilitate reunion;
(2) whether the parents or guardians are satisfied with the services offered;
(3) the extent to which the parents or guardian have visited the child and any reasons why visitation has not occurred or been infrequent;
(4) whether the agency is satisfied with the cooperation given it by the parents or guardian;
(5) whether additional services are needed to facilitate the return of the child to his parents or guardians; if so, the court shall order such services when appropriate; and
(6) when return of the child may be expected.
