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Subcommittee clarifies relief‑of‑custody statute to include non‑parent custodians and require cooperation with social services
Summary
House Bill 73 would add 'other custodian' to relief‑of‑custody statutes and require petitioners to cooperate with local departments of social services; the measure—rooted in recommendations from the Virginia Commission on Youth—was reported unanimously (10–0).
Delegate Cole said HB 73 is a technical clarification resulting from a two‑year study by the Commission on Youth and a work group of judges and stakeholders. The bill would add the phrase "other custodian" after "parent" in the relief‑of‑custody statute and require any petitioner to cooperate with the local department of social services during the initial investigation.
Cole said the change aligns the jurisdictional statute with current practice in juvenile and domestic relations courts, where non‑parent custodians (for example, grandparents with custody) already petition for relief of custody. Will Egan of the Virginia Commission on Youth, available online, told the committee the bill "aligns what practically happens with what the code should say." Committee members asked whether the bill affects termination of parental rights; court staff confirmed that the bill does not change statutes that govern termination.
After discussion and public testimony—during which the Supreme Court’s Executive Secretary observed the bill does not change the availability of termination of parental rights—the subcommittee voted to report HB 73 to the full committee by a voice vote recorded as 10–0.
