VirginiaHB732026 Regular SessionHouse

Juvenile and domestic relations district courts; petitions for relief of care and custody.

Sponsored By: Joshua G. Cole (Democratic)

Signed by Governor

Summary

Juvenile and domestic relations district courts; petitions for relief of care and custody; custodians. Allows the custodian of a child to file a petition for relief of the care and custody of such child in a juvenile and domestic relations district court. Current law only authorizes the parent or parents of a child to file such petition for relief of care and custody. The bill also requires the petitioning parent or custodian to cooperate with any services provided by a local department of social services during the initial investigation by such local department of social services after such petition for relief of care and custody has been filed. This bill is a recommendation of the Virginia Commission on Youth and is identical to SB 206.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Court standards for changing children's custody

The court can grant care and custody relief when the evidence shows good cause is more likely than not. Permanent relief that ends parental rights requires clear and convincing evidence that ending those rights serves the child's best interests. The court must also enter a custody or guardianship order. Before transferring custody to a person with a legitimate interest, the court must order an investigation. Evidence must show that person is more likely than not qualified and willing to provide care, maintain a positive, ongoing relationship, offer a permanent, suitable home, and protect the child from abuse and neglect.

Help and duties for custody-relief families

Requests for relief from a child's care and custody go first to local social services for investigation and appropriate services. The parent or custodian requesting relief must cooperate with appropriate services offered. Social services must refer the parent to a local family assessment and planning team and prepare a written family report. This referral delays court proceedings only when the court needs the team's information or recommendations for its final decision. Once a petition is filed, the court must appoint a guardian ad litem to represent the child. After receiving hearing notice, the local social services board must investigate and provide appropriate services.

Adoption oversight and voluntary family contact

After legal custody transfers, birth parents and pre-adoptive parents can make a written agreement about contact and communication. Courts cannot require this agreement before entering an order in the child's case. When a parental-rights termination order authorizes a local board or licensed agency to place the child and consent to adoption, it must report adoption progress every six months. Reporting runs from the final termination order until the circuit court enters a final adoption order. The juvenile court must send each report to the child's guardian ad litem.

Sponsors & Cosponsors

Sponsor

  • Joshua G. Cole

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 218 • No: 0

Senate vote • 2/23/2026

Passed Senate Block Vote

Yes: 38 • No: 0

Senate vote • 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/18/2026

Reported from Courts of Justice Block Vote

Yes: 13 • No: 0

House vote • 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote • 1/28/2026

Reported from Courts of Justice

Yes: 19 • No: 0

House vote • 1/26/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0058)

    4/6/2026Governor
  2. Approved by Governor-Chapter 58 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB73)

    2/25/2026House
  6. Bill text as passed House and Senate (HB73ER)

    2/25/2026House
  7. Enrolled

    2/25/2026House
  8. Signed by President

    2/25/2026Senate
  9. Signed by Speaker

    2/25/2026House
  10. Passed Senate Block Vote (38-Y 0-N 0-A)

    2/23/2026Senate
  11. Read third time

    2/23/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  14. Rules suspended

    2/20/2026Senate
  15. Reported from Courts of Justice Block Vote (13-Y 0-N)

    2/18/2026Senate
  16. Referred to Committee for Courts of Justice

    2/4/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  18. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  19. Read second time and engrossed

    2/2/2026House
  20. Read first time

    1/30/2026House
  21. Reported from Courts of Justice (19-Y 0-N)

    1/28/2026House
  22. Fiscal Impact Statement from Department of Planning and Budget (HB73)

    1/26/2026House
  23. Subcommittee recommends reporting (10-Y 0-N)

    1/26/2026House
  24. Assigned HCJ sub: Civil

    1/22/2026House
  25. Referred to Committee for Courts of Justice

    12/31/2025House

Bill Text

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