2006 Code of Virginia § 16.1-278.4 - Children in need of services

16.1-278.4. Children in need of services.

If a child is found to be in need of services or a status offender, thejuvenile court or the circuit court may make any of the following orders ofdisposition for the supervision, care and rehabilitation of the child:

1. Enter an order pursuant to the provisions of 16.1-278.

2. Permit the child to remain with his parent subject to such conditions andlimitations as the court may order with respect to such child and his parent.

3. Order the parent with whom the child is living to participate in suchprograms, cooperate in such treatment or be subject to such conditions andlimitations as the court may order and as are designed for the rehabilitationof the child and his parent.

4. Beginning July 1, 1992, in the case of any child fourteen years of age orolder, where the court finds that the child is not able to benefitappreciably from further schooling, the court may excuse the child fromfurther compliance with any legal requirement of compulsory school attendanceas provided under 22.1-254 or authorize the child, notwithstanding theprovisions of any other law, to be employed in any occupation which is notlegally declared hazardous for children under the age of eighteen.

5. Permit the local board of social services or a public agency designated bythe community policy and management team to place the child, subject to theprovisions of 16.1-281, in suitable family homes, childcaring-institutions, residential facilities, or independent livingarrangements with legal custody remaining with the parents or guardians. Thelocal board or public agency and the parents or guardians shall enter into anagreement which shall specify the responsibilities of each for the care andcontrol of the child. The board or public agency that places the child shallhave the final authority to determine the appropriate placement for the child.

Any order allowing a local board or public agency to place a child wherelegal custody remains with the parents or guardians as provided in thissection shall be entered only upon a finding by the court that reasonableefforts have been made to prevent placement out of the home and thatcontinued placement in the home would be contrary to the welfare of thechild, and the order shall so state.

6. Transfer legal custody to any of the following:

a. A relative or other individual who, after study, is found by the court tobe qualified to receive and care for the child;

b. A child welfare agency, private organization or facility that is licensedor otherwise authorized by law to receive and provide care for such child.The court shall not transfer legal custody of a child in need of services toan agency, organization or facility out of the Commonwealth without theapproval of the Commissioner of Social Services; or

c. The local board of social services of the county or city in which thecourt has jurisdiction or, at the discretion of the court, to the local boardof the county or city in which the child has residence if other than thecounty or city in which the court has jurisdiction. The local board shallaccept the child for care and custody, provided that it has been givenreasonable notice of the pendency of the case and an opportunity to be heard.However, in an emergency in the county or city in which the court hasjurisdiction, the local board may be required to accept a child for a periodnot to exceed fourteen days without prior notice or an opportunity to beheard if the judge entering the placement order describes the emergency andthe need for such temporary placement in the order. Nothing in thissubdivision shall prohibit the commitment of a child to any local board ofsocial services in the Commonwealth when the local board consents to thecommitment. The board to which the child is committed shall have the finalauthority to determine the appropriate placement for the child.

Any order authorizing removal from the home and transferring legal custody ofa child to a local board of social services as provided in this subdivisionshall be entered only upon a finding by the court that reasonable effortshave been made to prevent removal and that continued placement in the homewould be contrary to the welfare of the child, and the order shall so state.

7. Require the child to participate in a public service project under suchconditions as the court prescribes.

(1991, c. 534; 1994, c. 865; 1997, c. 463; 1999, cc. 488, 552; 2002, c. 747.)

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