CHAPTER 331

An Act to amend and reenact §§ 68-78 as amended, 68-241, 68-851 as
amended, and 16.1-178 of the Code of Virginia, relating to local
boards of welfare, and child placing agencies, consent required for
adoptions, and to practice and procedure of courts having jurisdiction
of certain children or minors charged with certain offenses. g

[S 147]

Approved March 17, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 63-73 as amended, 63-241, 63-351 as amended, and 16.1-178
of the Code of Virginia, be amended and reenacted as follows:

§ 16.1-178. If the court shall find that the child or minor is within the
purview of this law it shall so decree and by order duly entered proceed as

ollows:

(1) Take custody and place the child or minor on probation, under
such conditions as the court shall determine.

(2) Leave the child or minor in his own home under the supervision
of the court with or without taking custody; or take custody and place
the child or minor temporarily in a suitable home, under supervision of the
court, pending final disposition of the case.

(3) Take custody and commit the child * to the care and custody of
the local board of public welfare 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, which board shall accept suc!

child for care and custody; provided, however, that * such local board tf
one other than in the county or city in which the court has jurisdiction, shall
not be required to accept such child until it has been given reasonable notice
of the pendency of the case and an opportunity to be heard. Nothing herein
shall be construed as prohibiting the commitment of a child to any local
board of public welfare in the State when such local board consents to the
commitment.

(4) Take custody and commit the child or minor coming within the
provisions of paragraphs (g), (h) and (i) of subsection (1) of § 16.1-1538
of this law to the * care and custody of the State Board of Welfare and
Institutions if the child’s or minor’s behavior is such that the court deems
it cannot be satisfactorily or adequately dealt with in his own locality or
with its resources. All children intended to be placed in one of the in-
dustrial schools of the State shall be committed to the State Board of Wel-
fare and Institutions, it being the purpose of this law that the Director shall
determine which children or minors shall be so placed.

(414) Take custody and commit the child or minor to the care and
custody * of a person within the degree of relationship to the child as speci-
fied in paragraph (d) of § 63-141 of the Code of Virginia if, after an in-
vestigation of the suitability of such commitment, the court finds that it
would be for the best interests of the child and the State.

(5) Take custody and commit the child or minor to the care and
custody * of a private agency or organization approved and licensed by
the State Board to care for * or place children or minors in suitable foster
homes or institutions. No court shall commit a child or minor to an agency
or organization out of the State without the approval of the Director.

(6) Commit the child or minor, if adjudged mentally defective, to
a mental institution, in accordance with the provisions of the law.

(7) Refer or send the child or minor, if fourteen years of age or
older, for proceedings and trial to a court having criminal jurisdiction, in
accordance with the provisions of this law.

(8) In case of traffic violations the court may suspend an operator’s
license or require restitution in accordance with provisions of this law, or
it may impose the penalties which are authorized to be imposed on adults
for such violations.

(9) As disciplinary measure the court may impose a fine not exceed-
ing fifty dollars upon a child or minor of working age or suspend his
driving permit when such child or minor is found by the court to have
violated the traffic laws of this State or a State or federal law or local
ordinance. All sums so ordered to be paid may be paid by the child or
minor in monthly or weekly installments; such child or minor may also be
required to make restitution or reparation for damages resulting from
his wrongful conduct.

(10) Order support or such other care and treatment, medical or other-
wise, as the court deems to be for the best interests of the child or minor.

Commitment of a child by any court under any of the provisions of
this section shall not per se confer the right upon the receiving agency
to place such child for adoption. If proper studies indicate that it 1s for
the child’s best interest and that of the State that such child be separated
permanently from its parent, parents or guardian, the order of commit-
ment shall so state either in its original form or by subsequent proper
revision thereof by the court, in which event the agency having custody
of the child shall be free to make such permanent plans for the child as
may otherwise be within the scope of the agency’s authority.
The provisions of this section, insofar as they may affect a local board
of public welfare or other agency in giving consent for the adoption of any
child placed in its custody by order of a court, shall not operate to change
or invalidate such consent in any adoption suit pending on July 1, 1960.

§ 63-73. Any local board of public welfare shall have the right to
accept for placement in suitable family homes or institutions, subject to
the supervision of the Commissioner and in accordance with rules pre-
scribed by the State Board, such persons under eighteen years of age as
may be entrusted to it by the parent, parents or guardian * , or committed
by any court of competent jurisdiction. Such local board of public welfare
shall, in accordance with the rules prescribed by the State Board and in
accordance with the parental agreement or other order by which such
person is entrusted or committed to its care, have custody and control of
the person so entrusted or committed * to it until he is lawfully discharged,
has been adopted or has attained his majority; and such local board shall
have authority to place for adoption, and to consent to the adoption of, any
child properly committed or entrusted to its care when the order of commit-
ment or entrustment agreement between the parent or parents and the
agency provides for the permanent separation of such child from his parent
or parents.

§ 63-241. A licensed child welfare agency shall have the right to ac-
cept, for any purpose not contrary to the limitations contained in its license,
such persons under eighteen years of age as may be entrusted or com-
mitted to it by the parents, guardians, relatives or other persons having
legal custody thereof, or committed by any court of competent jurisdic-
tion. The agency shall, within the terms of its license and the agreement
or order by which such person is entrusted or committed to its care, have
custody and control of every such person so entrusted or committed and
accepted, until he is lawfully discharged, has been adopted, or has attained
his majority.

A licensed child placing agency may place for adoption, and is em-
powered to consent to the adoption of, any child who is properly committed
or entrusted to its care when the order of commitment or the entrustment
agreement between the parent or parents and the agency provides for the
permanent separation of such child from his parent or parents.

§ 63-351. No petition for adoption shall be granted, except as herein-
after provided in this section, unless there be written consent to the pro-
posed adoption filed with the petition. Such consent shall be signed and
acknowledged before an officer authorized by law to take acknowledge-
ments.

The consent of a parent for the adoption of his or her child shall not
be void unless the child be at least ten days old at the time the consent
is signed.

A parent who has not reached the age of twenty-one shall have legal
capacity to give consent to adoption and shall be as fully bound thereby
as if said parent had attained the age of twenty-one years.

Consent by the child shall be necessary if the child is fourteen years
of age or older.

Consent shall be executed:

(1) By the parents or surviving parent of a child born in wedlock;
provided, however, if the parents are divorced and one has been divested
of custody by terms of the divorce and does not consent to the adoption the
petition may be granted without the consent of such parent; or

(2) By the mother of a child born out of wedlock. The consent of
the father of a child born to an unmarried woman shall not be required
unless such child becomes legitimate prior to the filing of the petition for
adoption; or
(3) By the child placing agency or the local board of public welfare
having custody of the child, with right to place him for adoption, through
court commitment or parental agreement as provided in § 63-73 or
§ 68-241 of the Code; or

(4) If after hearing evidence the court finds that the consent of any
person or agency whose consent is hereinabove required is withheld con-
trary to the best interests of the child, or if a valid consent is unobtainable,
the court may grant the petition without such consent.

If the child is not in the custody of a child placing agency and both
parents are deceased, the court, after hearing evidence to that effect, may
grant the petition without the filing of any consent.