RD460 - Unlawful Adoption of a Child -- Study of Senate Bill 411, 2014 Regular Session of the Virginia General Assembly

  • Published: 2014
  • Author: Virginia Commission on Youth
  • Enabling Authority: Letter Request from the Senate Committee for Courts of Justice

Executive Summary:
• During the 2014 General Assembly session, Senator Jeffrey L. McWaters introduced Senate Bill 411. It provides that any parent, guardian, or other person responsible for the care of a child who transfers physical custody of a child with the intent to do so permanently without following established adoption procedures is guilty of a Class 6 felony. These procedures attempt to ensure, among other things, that the child will not be abused or neglected by his new adoptive parents. The legislation would create an exception for kinship care arrangements for the purposes of school enrollment or other established legal procedures for transferring custody.

• Members of the Senate Courts of Justice Committee reviewed the bill and determined that further study would be appropriate. The Committee passed the bill by indefinitely and requested that the Commission on Youth study the provisions set forth in Senate Bill 411 and report findings and recommendations prior to the 2015 General Assembly session.