Virginia 2022 Regular Session

Virginia Senate Bill SB392

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
1/27/22  
Refer
2/22/22  
Report Pass
3/2/22  
Enrolled
3/10/22  
Chaptered
4/11/22  

Caption

Clerk of the court; copies of appointment order to counsel.

Impact

The proposed changes in SB392 significantly impact state laws governing legal processes in child custody and the provision of expert assistance in defense cases. By specifying how reports must be filed and who bears the associated costs, the bill aims to establish a more structured and efficient framework for managing these critical legal issues, particularly for indigent defendants who may struggle to afford expert assistance.

Summary

SB392 introduces amendments to the Virginia Code regarding the processes involving child custody and visitation investigations, as well as provisions for the appointment of qualified experts in cases involving indigent defendants. The bill enables courts to mandate local departments of social services to conduct investigations and outlines the requirements for filing reports and payment structures related to these services, ensuring that the fees charged are based on the paying party's ability to pay.

Sentiment

The overall sentiment surrounding SB392 appears to reflect a cautious optimism, with support from various legal and child welfare advocates who view the changes as necessary improvements to the legal system. By ensuring timely court processes and addressing the financial burdens placed on indigent defendants, the bill seeks to enhance the fairness and accessibility of legal proceedings, particularly in sensitive areas like child custody.

Contention

While there is support for the measures included in SB392, there are concerns among some stakeholders regarding the implications of assessing fees for services provided by local social services. Critics argue that this could create additional barriers for families involved in custody disputes, particularly those who are already vulnerable. The bill's balance between maintaining accessibility to necessary legal services and the implementation of fees will be a point of contention as it moves through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

VA SB747

Juvenile & domestic relations district courts; delinquent juveniles; social assessment & evaluation.

VA HB658

Juveniles; appointment of counsel, indigency.

VA HB3467

Children; appointment of counsel; reimbursement; effective date.

VA HB06442

An Act Concerning The Appointment Of Counsel And Guardians Ad Litem In Child Protection Matters, And The Appointment Of Permanent Legal Guardians.

VA HB115

Guardians and conservators; order of appointment and certificate of qualification, annual report.

VA SB290

Guardians and conservators; order of appointment and certificate of qualification, annual report.

VA HB242

Professional counselors, licensed; added to list of providers who can disclose or recommend records.

VA HB2766

Protective orders; violation of child protective order, penalties.

VA HB2705

Child custody orders; transfer of custody to person with legitimate interest.

VA HB835

Juvenile and domestic relations district courts; appointment of counsel or guardian ad litem.

Similar Bills

No similar bills found.