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Official Virginia Supreme Court and Court of Appeals decisions are now available only in Word format. (An unofficial version in .txt format is also available at the official site.) If you do not use Word, you can obtain a free Microsoft Word Viewer from the following sites:
The Comprehensive Services Act Office (CSA) appeals the decision of the trial court ordering it to "immediately pursue and locate residential placement for [J.M.] . . . funded by the [CSA] pursuant to [Code §] 2.1-757(E)." CSA contends that (1) the trial court erroneously denied a hearing de novo on appeal from the juvenile and domestic relations district court (J&DR), (2) the J&DR acted without jurisdiction and all attendant orders are "void and without effect," (3) the order improperly required CSA funding for services to J.M. contrary to the applicable Individualized Educational Program (IEP), and (4) the court unreasonably infringed on the legislative branch in violation of the separation of powers. We find that the CSA was entitled to an evidentiary hearing and, therefore, reverse the disputed order, and remand the proceedings to the circuit court for further reconsideration in accordance with this opinion.
Juvenile and domestic relations court can transfer custody to a local department of social services on any petition pending before it, regardless of the basis of jurisdiction and the identity of the petitioner, so long as the court makes specific statutory findings of abuse or neglect, that child is in need of services or supervision, is a status offender or delinquent, or if the petition requests relief from child's care and custody.
Adjudicatory hearing to determine allegations of child abuse and neglect to be held within 30 days of preliminary removal and protective order hearings is procedural requirement that may be extended by juvenile court for good cause shown or on agreement of all parties involved. Juvenile court has discretionary authority, but is not required, to order service of process by publication. Service of process may be waived without completion of service by publication when court determines that, after reasonable effort, person cannot be located. When court-appointed guardian ad litem presents appropriate court order, child-protective services must allow guardian access to records relating to child guardian represents for purposes of inspection and copying.
Va. Code § 18.2-465.1, which prohibits an employer from discharging, taking any adverse personnel action against, or requiring the use of sick leave or vacation time by, any employee who is summoned to appear in a "court of "law," is applicable to juvenile and domestic relations district courts, other state courts, federal courts, and out-of-state courts.
State pool of funds is to be expended for residential and nonresidential services provided to targeted children and their families. Attorney General defers to interpretation of Comprehensive Services Act for At-Risk Youth and Families by state agency that funds not be used to pay administrative or case management costs. Attorney General has no authority to review determination by state agency review team that services rendered under community care coordination constitute services that are duties of local stakeholder staff and not direct services for children that are reimbursable from state pool of funds.
Preliminary protective order issued to protect welfare of child in any matter before court remains part of case over which court’s jurisdiction has been invoked. Disposition of adult case during which court issued order to protect child from abuse or neglect does not terminate preliminary protective order.
Patient medical records may not be disclosed in response to subpoena duces tecum except in compliance with statutory Notice to Provider/Patient provisions [Va. Code § 32.1-127.1:03]. This section imposes additional procedural and notice requirements over and above notifying of the request for the subpoena. These include a special notice to pro se parties and to nonparties concerning their rights to seek a motion to quash.
Family assessment and planning team may not refer juvenile for services funded under Juvenile Community Crime Control Act rather than Comprehensive Services Act, where juvenile is eligible under both acts for services not yet funded by either act.
Document purporting to transfer legal custody of infant from minor's biological mother to unrelated couple is not decree of another state's court and is not legally valid in Virginia.
Amendment in 2000 House Bill 950 is not necessary to authorize law-enforcement officers of Commonwealth to detain nonresident runaway child. Current law authorizes law-enforcement officers to take into custody out-of-state runaway child who is within Commonwealth.
