VirginiaHB732026 Regular SessionHouseWALLET

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

Sponsored By: Joshua G. Cole (Democratic)

Became Law

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

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

Serious juvenile cases move to adult court

For certain listed violent felonies, if the youth is 16 or older, the juvenile court only holds a probable-cause and age hearing. If the charge is certified to a grand jury or transferred, the juvenile court loses the case and related charges. This shifts those serious cases into the adult system.

Easier filing for child custody cases

Juvenile and domestic relations courts handle child custody, visitation, and support for your area, and within one mile beyond the city or county line. More people can file, including grandparents, stepparents, and other relatives with a real interest. People whose parental rights were ended and certain offenders are not allowed to file. In the listed juvenile and family cases, the sheriff may not charge you to serve legal papers, except for one exception in §17.1-272 A 6.

Faster decisions and clear placement rules

If the court finds good cause or that termination is in the child’s best interest, it holds a dispositional hearing within 60 days. The court then issues a final order or follows foster care rules if the child is in foster care. Before giving custody to a nonparent, the court must find the person is qualified, can keep a positive relationship, can provide a permanent home, and can protect the child from abuse and neglect. After parental rights are ended and an agency can place the child for adoption, the agency must file an adoption progress report every six months until adoption is final. A dispositional order is final and can be appealed.

Fast, private court path for minor abortion

An unemancipated minor can ask the juvenile court to allow an abortion without parental consent. A judge may allow it if the minor is mature and informed, or if it is in her best interest. The court must decide within 4 days. If she appeals a denial, the circuit court must decide within 5 days. If a court misses the deadline, it must immediately authorize the abortion without consent or notice as the law specifies. The case is confidential and moved up on the docket. The court must advise the minor of her right to a lawyer and appoint one if she asks. There are no filing fees at trial or on appeal.

Penalty for abortions on minors without consent

A doctor must not perform an abortion on an unemancipated minor without required consent or a court order, and must follow any notice in the order. Violations are a Class 3 misdemeanor. Exceptions apply if the minor reports abuse and the doctor has reasonable cause and reports as required, or if a medical emergency requires an immediate abortion and the doctor certifies it in the record.

DSS review and child lawyer required

When someone seeks court relief over a child’s care or custody, the case is sent to the local social services department to investigate and offer services. The parent or custodian who asked for help must cooperate with those services. The court appoints a guardian ad litem for the child and gives notice to the child (age 12 or older), the parents or custodian, and social services. Parties can question witnesses and present evidence. The court uses a preponderance of evidence for most relief and clear and convincing evidence if parental rights may be ended.

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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