A child protective services worker in a local department who responds to a complaint or report of abuse and neglect for the purpose of sex trafficking or serious forms of trafficking can place a child in custody and the local department can maintain custody of the child for up to 72 hours without a parent's prior approval. If the 72-hour period to keep a child in custody and to obtain a preliminary or emergency deportation order expires on a Saturday, Sunday, or legal holiday or day when the court is legally closed, the 72 hours will be extended to the next day other than Saturday, Sunday, or statutory holiday or day the court is legally closed. The judge can order that the child or children remain in the legal custody of the Department of Social Services and ask the family for help. For a period of time, if conditions in the home improve, the child or children may be returned to their parents.
If conditions don't improve, parental authority can end. If terminated, the child becomes available for adoption by family members or other qualifying families. Unlike legal custody, visitation does not give parents the right to make important decisions about the child's welfare, including educational or medical matters. Unlike physical custody, a child will not live with a parent who has visitation rights.
However, the child may be able to have visitation during the night, on weekends, or even longer with the parent, depending on the judge's decision. Serious cases of abuse and neglect can lead to Child Protective Services ending parental authority of the abuser. Sometimes courts order supervised visitation and exchanges for a case, but this is not mandatory. A doctor, DSS protective services worker, or law enforcement officer can take emergency custody of your child.
This can be done without your consent and without a court order. However, all of the following things must be true. It does not necessarily mean that the child will live with each parent 50% of the time; time will be divided in a way that the judge determines is in the best interest of the child. Whenever a child is placed in immediate custody pursuant to an emergency deportation order, a hearing pursuant to § 16.1-252 will be held as soon as possible, but in no case later than five business days after the child's removal.
However, if, before such a determination is made, a person responsible for the care and custody of the child, the guardian ad litem of the child, or the local department of social services objects to a determination being made at the hearing, the court will schedule an adjudication hearing to be held within 30 days after the date of the initial preliminary deportation hearing. The court can choose any combination of joint legal and physical custody that is in the best interests of the child. A general definition of child neglect is failure to fulfill parental responsibilities to care for a child and includes, but is not limited to, failure to provide adequate food, clothing, shelter, medical care, or supervision. When a child has been placed in immediate custody and has not been released in accordance with § 16.1-247 or § 16.1-248.1, the minor will appear before a judge on the day after the court is located in the county or city in which the charge against the child is pending.
If a parent, guardian or other guardian fails to bring the child to court, when requested, as set forth in subdivisions B 2 and E 1, the court may issue a detention order ordering the child to be placed in custody and brought before the court. Place the child in custody pursuant to subsection B of § 16.1-246 in a shelter after the issuance of a detention order pursuant to § 16.1-255; or. Before an order is made under subsection F to transfer temporary custody of the child to a person with a legitimate interest, the court will consider whether that person is a person who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive and ongoing relationship with the child child; and (iii) is willing and able to protect him or her from abuse and neglect. Order that the child be placed in the foster care and custody of an appropriate person, subject to the provisions of subsection F1 and under the supervision of the local department of social services, taking into account the possibility of placing him in the temporary care and custody of a person with an interest so far in that the court makes a disposition order pursuant to § 16.1-278.2, or, if such placement is not available, under the care and custody of an appropriate agency;.
When, in the presence of the arresting officer, a minor has committed an act designated as a crime under the law of this Commonwealth, or an ordinance of any city, county, town or district of service, or under federal law and the officer believes it is necessary for the protection of the public interest; or. However, if, before such a determination is made, a person responsible for the care and custody of the child, the guardian ad litem of the child, or the local department of social services objects to a determination being made at the hearing, the court will schedule an adjudication hearing to be held within 30 days of the date of the initial preliminary hearing of the protective order. Nothing in this section allows the court to remove a child from the custody of a parent, guardian, legal guardian, or other person in loco parentis, except as provided in § 16.1-278.2, and no order will be entered under this document against a person over whom the court has no jurisdiction. Without a custody order, you may not have these legal rights, even if you are the parent who cares for the child every day.
Custody and visitation arrangements will be determined based on what the judge deems to be in the best interest of the child. . .
