Virginia Parental Rights Restoration: Understanding the Written Placement Plan
Updated: Oct 10
A restoration case is not decided solely by a parent’s promise to provide better care. Virginia Code § 16.1-283.2 provides for a written placement plan addressing services, supports and participation requirements. That plan is an important part of evaluating whether a proposed placement can safely meet the child’s needs.
Where the plan fits in the process
The restoration statute first requires the appropriate petitioner and an eligible child in local social-services custody with no identified and approved pre-adoptive parents. Meeting eligibility criteria does not guarantee placement. The court must evaluate the required evidence before entering an order allowing placement with the former parent.
Who develops the plan?
Subsection E directs the local board of social services to develop the written plan within 60 days of filing the restoration petition and before entry of the placement order under subsection D. The plan must describe programs, services and supports offered to the child and former parent, along with required participation and conduct. It is incorporated into the placement order.
Read obligations separately from goals
When reviewing the plan with counsel, distinguish an aspiration such as improved family communication from a specific requirement to attend a program or participate in a service. Ask who provides each service, how attendance or completion is documented, and whom to contact if transportation, scheduling or accessibility creates a problem.
Keep a record of participation
Maintain a calendar of appointments, copies of instructions, attendance records and communications about barriers or changes. Report problems through the appropriate channels rather than silently ignoring a requirement. A parent’s participation record should accurately reflect what occurred, including missed appointments and attempts to resolve difficulties.
The plan is followed by evaluation
The statute provides for visits and a social-services report, then further court review before rights may be restored. A placement order is not itself restoration. Ask your lawyer about the actual order’s terms, reporting process and next hearing; there is no guaranteed overall completion date.
Sources and related guidance
For an assessment of your orders and circumstances, contact The Coastal Virginia Law Firm at 888-402-7117. We represent parents in Virginia Beach and Hampton Roads in custody and related family-law matters.
This article provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.
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