SB 56 — Foster Care Prevention program; established.

SESSION SENATE SUBSTITUTE 22104414D22104687D SENATE BILL NO.

56 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateSeon CommitteeFebruary on2, Rehabilitation2022)nance and SocialAppropriations Services on January 14, 2022) (Patron Prior to Substitute––Senator Favola) A BILL to amend and reenact § 16.1-278.15 of the Code of Virginia andby toadding amendin theChapter Code of Virginia Prevention program.r 13 of Title 63.2 a section numbered 63.2-1307, relating to Foster Care BePrevention itprogram. enacted by the General Assembly of Virginia:

1.Be it enacted by the General Assembly of Virginia:

That63.2-1307 §as 16.1-278.15follows:irginia of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1307§ as63.2-1307. follows:

A.

In cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241, the court may make any order of disposition to protect the welfare of the child and family as may be made by the circuit court.

The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court.

The court may require The seminar or other program shall be a minimum of four hours in length and shall address the effects.

of separation or divorce on children, parenting responsibilities, options for conflict resolutiTn and financial responsibilities.

Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court's discretion.

Parties under thEs section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1.

The fee charged a party for participation in such program shall be based on the party's participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program.

The court may grant anS exemption from attendance of such program for good cause shown or if there is no program reasonUbly available.

Other than statements or admissions by a party admitting criminal activity or child Bbuse or neglect, no statement or admission by a party in such seminar or program shall be admissible into that support will continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child :

36 support, until the child reaches the age of 19 or graduates from high school, whichever occurs first.

The 37 court may also order that support be paid or continue to be paid for any child over the age of 18 who is 38 (a) severely and permanently mentally or physically disabled, and such disability existed priorTto the 39 child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i),U(ii), and seeking or receiving child support.

Upon request of either party, the court may also order that support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700.

B.

In any case involving the custody or visitation of a child, the court may award custody uEon petition to any party with a legitimate interest therein, including, but not limited to, grandparents, stepparents, former stepparents, blood relatives and family members.

The term "legitimate interest" shall to consider a petition involving the custody of a child shall not be proscribed or limited where theurt custody of the child has previously been awarded to a local board of social services.

C.

In any determination of support obligation under this section, the support obligation as it becomes due and unpaid creates a judgment by operation of law.

Such judgment becomes a lien against real estate only when docketed in the county or city where such real estate is located.

Nothing hereSn shall be construed to alter or amend the process of attachment of any lien on personal property.

5 petition or motion that resulted in the order was completed, signed and filed by a nonattorney employee of the Department of Social Services.

1 E.

In cases involving charges for desertion, abandonment or failure to provide support by any person in violation of law, disposition shall be made in accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.

F.

In cases involving a spouse who seeks spousal support after having separated from his spouse, the court may enter any appropriate order to protect the welfare of the spouse seeking support.

SB56S1 2 of 3 G.

In any case or proceeding involving the custody or visitation of a child, the court shall consider the best interest of the child, including the considerations for determining custody and visitation set forth in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20.

G1.

In any case or proceeding involving the custody or visitation of a child, as to a parent, the court may, in its discretion, use the phrase "parenting time" to be synonymous with the term "visitation." H.

In any proceeding before the court for custody or visitation of a child, the court may order a custody or a psychological evaluation of any parent, guardian, legal custodian or person standing in loco parentis to the child, if the court finds such evaluation would assist it in its determination.

The court may enter such orders as it deems appropriate for the payment of the costs of the evaluation by the parties.

I.

When deemed appropriate by the court in any custody or visitation matter, the court may order drug testing of any parent, guardian, legal custodian or person standing in loco parentis to the child.

The court may enter such orders as it deems appropriate for the payment of the costs of the testing by the parties.

J.

In any custody or visitation case or proceeding wherein an order prohibiting a party from picking the child up from school is entered pursuant to this section, the court shall order a party to such case or proceeding to provide a copy of such custody or visitation order to the school at which the child is enrolled within three business days of such party's receipt of such custody or visitation order.