Virginia Code

Va. Code Ann. § 16.1-278.4 (2026)

Children in need of services

✓ current as of May 2026

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If a child is found to be in need of services or a status offender, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child:

1. Enter an order pursuant to the provisions of § 16.1-278.

2. Permit the child to remain with his parent subject to such conditions and limitations as the court may order with respect to such child and his parent.

3. Order the parent with whom the child is living to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the child and his parent.

4. Beginning July 1, 1992, in the case of any child fourteen years of age or older, where the court finds that the child is not able to benefit appreciably from further schooling, the court may excuse the child from further compliance with any legal requirement of compulsory school attendance as provided under § 22.1-254 or authorize the child, notwithstanding the provisions of any other law, to be employed in any occupation which is not legally declared hazardous for children under the age of eighteen.

5. Permit the local board of social services or a public agency designated by the community policy and management team to place the child, subject to the provisions of § 16.1-281, in suitable family homes, child caring-institutions, residential facilities, or independent living arrangements with legal custody remaining with the parents or guardians. The local board or public agency and the parents or guardians shall enter into an agreement which shall specify the responsibilities of each for the care and control of the child. The board or public agency that places the child shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child's status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.

Any order allowing a local board or public agency to place a child where legal custody remains with the parents or guardians as provided in this section shall be entered only upon a finding by the court that reasonable efforts have been made to prevent placement out of the home and that continued placement in the home would be contrary to the welfare of the child, and the order shall so state.

6. Transfer legal custody to any of the following:

a. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the child;

b. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such child. The court shall not transfer legal custody of a child in need of services to an agency, organization or facility out of the Commonwealth without the approval of the Commissioner of Social Services; or

c. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the child has residence if other than the county or city in which the court has jurisdiction. The local board shall accept the child for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, the local board may be required to accept a child for a period not to exceed fourteen days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a child to any local board of social services in the Commonwealth when the local board consents to the commitment. The board to which the child is committed shall have the final authority to determine the appropriate placement for the child. Nothing herein shall limit the authority of the court to review the child's status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282.

Any order authorizing removal from the home and transferring legal custody of a child to a local board of social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child, and the order shall so state.

A finding by the court that reasonable efforts were made to prevent removal of the child from his home shall not be required if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances, or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.

As used in this section:

"Aggravated circumstances" means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.

"Chronic abuse" or "chronic sexual abuse" means recurring acts of physical abuse that place the child's health, safety and well-being at risk.

"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

"Severe abuse" or "severe sexual abuse" may include an act or omission that occurred only once but otherwise meets the definition of "aggravated circumstances."

7. Require the child to participate in a public service project under such conditions as the court prescribes.

1991, c. 534; 1994, c. 865; 1997, c. 463; 1999, cc. 488, 552; 2002, c. 747; 2017, c. 190; 2022, c. 305.

Notes of Decisions

Cited in 13 cases, 1991–2020 · leading case: S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997).

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S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997). · cites it 20× “5 In pertinent part, Code § 16.1-278.4 provides as follows: If a child is found to be in need of services, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child: 6.”

Lynchburg Div. of Soc. Servs. v. Cook, 648 S.E.2d 328 (Va. Ct. App. 2007). · cites it 14× “However, this Court held that *336 the juvenile court judge retained the authority to "review the status" of the minor even after she was placed in the custody of Social Services. Code § 16.1-281(E) expressly states that children in the custody of Social Services are those the…”

Pfoltzer v. Cnty. of Fairfax, 775 F. Supp. 874 (E.D. Va. 1991). · cites it 3× “1-279(C) may now be found in Va.Code § 16.1-278.4. 11 . This Court declined to give preclusive effect to this statement.”

Fredericksburg Dep't of Soc. Servs. v. Brown, 533 S.E.2d 12 (Va. Ct. App. 2000). · cites it 2× “3 (defining procedures for granting custody to DSS pursuant to petition for relief of care and custody of child); Code § 16.1-278.4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.”

B.P. v. Commonwealth, 568 S.E.2d 412 (Va. Ct. App. 2002). “In the event a child in need of services is found to have willfully and materially violated for a second or subsequent time the order of the court pursuant to § 16.1-278.4, the dispositional alternatives specified in subdivision 9 of § 16.”

T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Soc. Servs. Dist. (Va. Ct. App. 2016). · cites it 8× “(ii) legal custody of a child is given to a local board of social services or child welfare agency, the local department of social services or child welfare agency 2 HRSSD used Code § 16.1-278.4 (the CHINS statute) because the child was not in the care of Roberts-Bond at the…”

Loretta Roberts-Bond v. Harrisonburg-Rockingham Soc. Servs. Dist. (Va. Ct. App. 2016). · cites it 8× “(ii) legal custody of a child is given to a local board of social services or child welfare agency, the local department of social services or child welfare agency 2 HRSSD used Code § 16.1-278.4 (the CHINS statute) because the child was not in the care of Roberts-Bond at the…”

S. G., A Minor, etc. v. Prince Wm. Co. DSS (Va. Ct. App. 1997). · cites it 14× “-6- part, Code § 16.1-278.4 provides as follows: If a child is found to be in need of services, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child: * * * * * * * 6.”

Craig Brown & Bonnie Brown v. Prince William Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2020). · cites it 4× “BACKGROUND On July 1, 2017, the guardian ad litem for appellants’ minor child filed a petition to have the minor child declared a child in need of services under Code § 16.1-278.4, the Child in Need of Services (“CHINS”) statute.”

Robert B. Green, Sr. v. Richmond Dept. Soc. Servs. (Va. Ct. App. 2002). · cites it 2× “See Code §§ 16.1-278.4 (child in need of services) and 16.”

Fredericksburg DSS v. Clyde Brown & Joyce Williams (Va. Ct. App. 2000). · cites it 2× “3 (defining procedures for granting custody to DSS pursuant to petition for relief of care and custody of child); Code § 16.1-278.4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.”

Clyde Brown v. Fredericksburg DSS (Va. Ct. App. 2000). · cites it 2× “3 (defining procedures for granting custody to DSS pursuant to petition for relief of care and custody of child); Code § 16.1-278.4 (elaborating on circumstances under which legal custody of children in need of services can be transferred); Code § 16.”

Show all 13 citing cases →

— Va. Code Ann. § 16.1-278.4(6) — 1 case

Craig Brown & Bonnie Brown v. Prince William Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2020). “BACKGROUND On July 1, 2017, the guardian ad litem for appellants’ minor child filed a petition to have the minor child declared a child in need of services under Code § 16.1-278.4, the Child in Need of Services (“CHINS”) statute.”

— Va. Code Ann. § 16.1-278.4(6)(c) — 5 cases

Lynchburg Div. of Soc. Servs. v. Cook, 648 S.E.2d 328 (Va. Ct. App. 2007). “However, this Court held that *336 the juvenile court judge retained the authority to "review the status" of the minor even after she was placed in the custody of Social Services. Code § 16.1-281(E) expressly states that children in the custody of Social Services are those the…”

S.G. v. Prince William Cnty. Dep't of Soc. Servs., 488 S.E.2d 653 (Va. Ct. App. 1997). “5 In pertinent part, Code § 16.1-278.4 provides as follows: If a child is found to be in need of services, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child: 6.”

S. G., A Minor, etc. v. Prince Wm. Co. DSS (Va. Ct. App. 1997). “-6- part, Code § 16.1-278.4 provides as follows: If a child is found to be in need of services, the juvenile court or the circuit court may make any of the following orders of disposition for the supervision, care and rehabilitation of the child: * * * * * * * 6.”

T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Soc. Servs. Dist. (Va. Ct. App. 2016). “(ii) legal custody of a child is given to a local board of social services or child welfare agency, the local department of social services or child welfare agency 2 HRSSD used Code § 16.1-278.4 (the CHINS statute) because the child was not in the care of Roberts-Bond at the…”

Loretta Roberts-Bond v. Harrisonburg-Rockingham Soc. Servs. Dist. (Va. Ct. App. 2016). “(ii) legal custody of a child is given to a local board of social services or child welfare agency, the local department of social services or child welfare agency 2 HRSSD used Code § 16.1-278.4 (the CHINS statute) because the child was not in the care of Roberts-Bond at the…”

— Va. Code Ann. § 16.1-278.4(6)(e) — 1 case

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