Introduced in House Passed House Introduced in Senate Passed Senate Became Law
12/27/2019        

Custody and visitation arrangements; use of cannabidiol oil or THC-A oil by foster parent, etc.

Provides that the use of cannabidiol oil or THC-A oil by a parent in a custody or visitation case shall not serve as the sole basis for the denial or restriction of custody or visitation, if such parent has a written certification by a practitioner attesting to the benefit of such use. The bill further provides that such use by a foster parent shall not be the sole reason a child is removed from a foster parent and that such use by a prospective foster parent shall not be the sole reason to deny such prospective foster parent eligibility to become a foster parent. The bill also provides that such use by a petitioner for adoption shall not be the sole reason for the denial of a final order of adoption by a circuit court.

Date Version PDF TXT
12/27/2019 House: Prefiled and ordered printed; offered 01/08/20 20102994D Open

            

2020 SESSION

    20102994D
    HOUSE BILL NO. 212
    Offered January 8, 2020
    Prefiled December 27, 2019
    A BILL to amend and reenact �� 20-124.3 and 63.2-1213 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-901.2, relating to custody and visitation arrangements; final orders of adoption; foster care; use of cannabidiol oil or THC-A oil.
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    Patrons-- Hurst and Delaney
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    Referred to Committee on Health, Welfare and Institutions
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    Be it enacted by the General Assembly of Virginia:

    1. That �� 20-124.3 and 63.2-1213 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 63.2-901.2 as follows:

    20-124.3. Best interests of the child; visitation.

    In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to � 20-103, the court shall consider the following:

    1. The age and physical and mental condition of the child, giving due consideration to the childs changing developmental needs;

    2. The age and physical and mental condition of each parent. The use of cannabidiol oil or THC-A oil, for which a parent has a written certification issued by a practitioner pursuant to � 54.1-3408.3, shall not serve as the sole basis for the denial or restriction of custody or visitation;

    3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the childs life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

    4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

    5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

    6. The propensity of each parent to actively support the childs contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;

    7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

    8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;

    9. Any history of family abuse as that term is defined in � 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and

    10. Such other factors as the court deems necessary and proper to the determination.

    The judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judges findings regarding the relevant factors set forth in this section. At the request of either party, the court may order that the exchange of a child shall take place at an appropriate meeting place.

    63.2-901.2. Use of cannabidiol oil or THC-A oil by a foster parent pursuant to written certification.

    The use of cannabidiol oil or THC-A oil by a foster parent, for which such foster parent has a written certification issued by a practitioner pursuant to � 54.1-3408.3, shall not serve as the sole basis for the removal of a child from such foster parents home.

    The use of cannabidiol oil or THC-A oil by a prospective foster parent, for which such prospective foster parent has a written certification issued by a practitioner pursuant to � 54.1-3408.3, shall not serve as the sole basis for the denial of such persons eligibility to become a foster parent.

    63.2-1213. Final order of adoption.

    After consideration of the report made pursuant to � 63.2-1212 or as permitted pursuant to � 63.2-1210, if the circuit court is satisfied that the best interests of the child will be served thereby, the circuit court shall enter the final order of adoption. However, a final order of adoption shall not be entered until information has been furnished by the petitioner in compliance with � 32.1-262 unless the circuit court, for good cause shown, finds the information to be unavailable or unnecessary. No circuit court shall deny a petitioner a final order of adoption for the sole reason that the child was placed in the physical custody of the petitioner by a person not authorized to make such placements pursuant to � 63.2-1200. No circuit court shall deny a petitioner a final order of adoption for the sole reason that such petitioner uses cannabidiol oil or THC-A oil for which such petitioner has a written certification issued by a practitioner pursuant to � 54.1-3408.3. An attested copy of every final order of adoption shall be forwarded, by the clerk of the circuit court in which it was entered, to the Commissioner and to the child-placing agency that placed the child or to the local director, in cases where the child was not placed by an agency.

    Picture Name From Date Type
    Chris L. Hurst D-Richmond Sponsor
    Karrie K. Delaney D-Richmond Cosponsor
    Date Branch Action
    01/27/2020 House House: Failed to report (defeated) in Courts of Justice (10-Y 10-N)
    01/22/2020 House House: Subcommittee recommends reporting with amendments (5-Y 3-N)
    01/21/2020 House House: Referred to Committee for Courts of Justice
    01/21/2020 House House: Assigned Courts sub: Civil
    12/27/2019 House House: Prefiled and ordered printed; offered 01/08/20 20102994D
    12/27/2019 House House: Referred to Committee on Health, Welfare and Institutions
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