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Panel adopts substitute to standardize relief-of-custody proceedings, delays enactment for form development
Summary
The subcommittee adopted a substitute and a delayed enactment for House Bill 1733, which would require standardized written reports from local departments of social services and expand access to family assessments and services during relief-of-custody petitions; the committee voted 7-0 to report the bill.
House Bill 1733, carried by Delegate Cole, would revise procedures governing petitions for relief of custody to standardize investigations, require written reports from local departments of social services, expand access to family assessment and planning teams (FAPT) and direct a work group to evaluate the standard of proof and develop templates for written reports. The subcommittee adopted a committee substitute, approved a delayed effective date for the reporting requirement, and reported the bill 7-0.
Cole told the committee the bill arose from the Commission on Youth’s study and stakeholder roundtables. “Local departments of social services will now provide a written report for each petition ensuring consistency and thoroughness in investigations,” Cole said. The bill includes an enactment clause directing the Department of Social Services to develop a report template so localities can comply.
The measure also clarifies families seeking relief of custody will have access to an evaluation for needed services and referral to FAPT and the Children’s Services Act (CSA) when appropriate. The bill originally included a proposed change raising the court’s standard of proof; that provision was moved into a work group so the group can examine both the evidentiary standard and the practical checklist required to meet a higher standard.
James Pippler of the Virginia League of Social Services Executives testified in support, saying the measure would help standardize practice across localities. The committee adopted an amendment to delay the first enactment until Jan. 1, 2026, to allow the work group time to produce the required templates and then voted 7-0 to report the bill.
The bill was sent on with the substitute, the delayed enactment, and a work group charge to finalize forms and study possible changes to the standard of evidence in relief-of-custody hearings.
