HB 775: Removal hearings; foster care, termination of parental rights, status as an Indian child, etc.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Removal hearings; foster care; termination of parental rights; status as an Indian child; reasonable efforts; definition; services to families. Adds a definition of reasonable efforts for the purposes of hearings relating to the foster care of and petitions for the termination of parental rights over those children who are not determined to be a member of a Virginia-recognized or federally recognized tribe. The bill further requires that, at a preliminary removal hearing, or as soon as possible thereafter, and prior to any adjudicatory hearing, the court shall make a finding as to whether diligent efforts have been made to determine whether the child is an Indian child as defined in the Indian Child Welfare Act or a member of, or eligible for membership in, a tribe recognized by the Commonwealth. Under the bill, any such children would receive the protections of the Indian Child Welfare Act, including the federal standard of active efforts. The bill further directs the Department of Social Services to promulgate new regulations defining types of abuse and neglect, specifying that in situations where neglect is the result of family poverty and there are no outside resources available to the family, the parent or caretaker shall not be determined to have neglected the child, but the local department of social services shall provide appropriate and timely services to the family.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 18, 2026Left in Committee Appropriations
2. February 13, 2026Subcommittee recommends laying on the table (7-Y 0-N)
3. February 13, 2026Fiscal Impact Statement from Department of Planning and Budget (HB775)
4. February 5, 2026Assigned HAPP sub: Health & Human Resources
5. February 4, 2026Reported from Courts of Justice with substitute and referred to Appropriations (22-Y 0-N)
6. February 4, 2026Committee substitute printed 26106743D-H1
7. February 2, 2026Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 1-N)
8. January 26, 2026Assigned HCJ sub: Civil
9. January 13, 2026Referred to Committee for Courts of Justice
10. January 13, 2026Prefiled and ordered printed; Offered 01-14-2026 26104981D