Unregulated Custody Transfers of Adopted Children - Virginia

Date:

Definitions

Citation: Ann. Code § 20-166

For the purposes of this section, the term 'service member' means any of the following:

  • A member of the U.S. Armed Forces or the Armed Forces Reserves
  • A member of the National Guard
  • A member of the commissioned corps of the National Oceanic and Atmospheric Administration or the U.S. Public Health Services
  • Any person otherwise required to enter or serve in the active military services of the United States under a call or order of the President of the United States or to serve on State active duty

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code § 20-166

A child's parent may execute power of attorney to delegate to another person, for a period not to exceed 180 days, any of the powers regarding the custody, care, and property of the child except the power to consent to the child's marriage or adoption, the performance of an abortion on the child, or the termination of parental rights to the child. If both parents of a child have joint custody, both parents shall be required to execute the power of attorney.

A parent who is a service member may delegate such powers for a period longer than 180 days while on active-duty service if such active duty is longer than 180 days, but such period shall not exceed the term of active-duty service plus 30 days.

If the delegation of authority lasts longer than 180 days, a new power of attorney shall be executed. When the delegation is executed by a service member, if the delegation is longer than 180 days while on active-duty service and exceeds the term of active-duty service plus 30 days, a new power of attorney shall be executed.

The attorney-in-fact shall exercise parental or legal authority on a continuous basis for no less than 24 hours and without compensation for the intended duration of the power of attorney and shall not be subject to licensing requirements.

The execution of a power of attorney by a parent shall not constitute abandonment, abuse, or neglect unless the parent fails to make contact or execute a new power of attorney after the time limit has elapsed.

The child subject to the power of attorney shall not be deemed placed in foster care, and the parties shall not be subject to any of the licensing requirements or regulations for foster care.

Any person to whom any powers are delegated shall comply with background check requirements established by regulations of the Board of Social Services or otherwise provided by law.

Exceptions

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.