Virginia A.G. and Legislators Try a Retroactive Fix to Grant CourtsJurisdiction Where None Previously Existed

This legislation, enroute to the Governor of Virginia for his
signature, not only grants non-attorney employees of DCSE the ability
to practice law, but also seeks to bar nearly 1,000,000 people from
getting access to a court to have their unenforceable child support
order declared as such. Of course, while granting DCSE non-attorney
employees the ability to practice law is stupid, the passage of
retroactive legislation to try and give courts subject matter
jurisdiction when it had no jurisdiction when entering the previous
orders is not only illegal but declared wholly unconstitutional.



VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact �� 8.01-271.1, 16.1-260, 16.1-278.15,
54.1-3900, and 63.2-1901 of the Code of Virginia, relating to
nonattorney employees of the Department of Social Services.
[H 1382]
Approved

�

Be it enacted by the General Assembly of Virginia:

1. That �� 8.01-271.1, 16.1-260, 16.1-278.15, 54.1-3900, and 63.2-1901
of the Code of Virginia are amended and reenacted as follows:

� 8.01-271.1. Signing of pleadings, motions, and other papers; oral
motions; sanctions.

Every Except as otherwise provided in �� 16.1-260 and 63.2-1901, every
pleading, written motion, and other paper of a party represented by an
attorney shall be signed by at least one attorney of record in his
individual name, and the attorney's address shall be stated on the
first pleading filed by that attorney in the action. A party who is
not represented by an attorney, including a person confined in a state
or local correctional facility proceeding pro se, shall sign his
pleading, motion, or other paper and state his address.

The signature of an attorney or party constitutes a certificate by him
that (i) he has read the pleading, motion, or other paper, (ii) to the
best of his knowledge, information and belief, formed after reasonable
inquiry, it is well grounded in fact and is warranted by existing law
or a good faith argument for the extension, modification, or reversal
of existing law, and (iii) it is not interposed for any improper
purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation. If a pleading, written motion, or
other paper is not signed, it shall be stricken unless it is signed
promptly after the omission is called to the attention of the pleader
or movant.

An oral motion made by an attorney or party in any court of the
Commonwealth constitutes a representation by him that (i) to the best
of his knowledge, information and belief formed after reasonable
inquiry it is well grounded in fact and is warranted by existing law
or a good faith argument for the extension, modification or reversal
of existing law, and (ii) it is not interposed for any improper
purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation.

If a pleading, motion, or other paper is signed or made in violation
of this rule, the court, upon motion or upon its own initiative, shall
impose upon the person who signed the paper or made the motion, a
represented party, or both, an appropriate sanction, which may include
an order to pay to the other party or parties the amount of the
reasonable expenses incurred because of the filing of the pleading,
motion, or other paper or making of the motion, including a reasonable
attorney's fee.

� 16.1-260. Intake; petition; investigation.

A. All matters alleged to be within the jurisdiction of the court
shall be commenced by the filing of a petition, except as provided in
subsection H of this section and in � 16.1-259. The form and content
of the petition shall be as provided in � 16.1-262. No individual
shall be required to obtain support services from the Department of
Social Services prior to filing a petition seeking support for a
child. Complaints, requests and the processing of petitions to
initiate a case shall be the responsibility of the intake officer.
However, (i) the attorney for the Commonwealth of the city or county
may file a petition on his own motion with the clerk, (ii) designated
nonattorney employees of the Department of Social Services may file
support complete, sign and file petitions on its own motion and
motions relating to the establishment, modification, or enforcement of
support on forms approved by the Supreme Court of Virginia with the
clerk, and (iii) any attorney may file petitions on behalf of his
client with the clerk except petitions alleging that the subject of
the petition is a child alleged to be in need of services, in need of
supervision or delinquent. Complaints alleging abuse or neglect of a
child shall be referred initially to the local department of social
services in accordance with the provisions of Chapter 15 (� 63.2-1500
et seq.) of Title 63.2. Motions and other subsequent pleadings in a
case shall be filed directly with the clerk. The intake officer or
clerk with whom the petition or motion is filed shall inquire whether
the petitioner is receiving child support services or public
assistance. No individual who is receiving support services or public
assistance shall be denied the right to file a petition or motion to
establish, modify or enforce an order for support of a child. If the
petitioner is seeking or receiving child support services or public
assistance, the clerk, upon issuance of process, shall forward a copy
of the petition or motion, together with notice of the court date, to
the Division of Child Support Enforcement.

B. The appearance of a child before an intake officer may be by (i)
personal appearance before the intake officer or (ii) use of two-way
electronic video and audio communication. If two-way electronic video
and audio communication is used, an intake officer may exercise all
powers conferred by law. All communications and proceedings shall be
conducted in the same manner as if the appearance were in person, and
any documents filed may be transmitted by facsimile process. The
facsimile may be served or executed by the officer or person to whom
sent, and returned in the same manner, and with the same force,
effect, authority, and liability as an original document. All
signatures thereon shall be treated as original signatures. Any two-
way electronic video and audio communication system used for an
appearance shall meet the standards as set forth in subsection B of �
19.2-3.1.

When the court service unit of any court receives a complaint alleging
facts which may be sufficient to invoke the jurisdiction of the court
pursuant to � 16.1-241, the unit, through an intake officer, may
proceed informally to make such adjustment as is practicable without
the filing of a petition or may authorize a petition to be filed by
any complainant having sufficient knowledge of the matter to establish
probable cause for the issuance of the petition.

An intake officer may proceed informally on a complaint alleging a
child is in need of services, in need of supervision or delinquent
only if the juvenile (i) is not alleged to have committed a violent
juvenile felony or (ii) has not previously been proceeded against
informally or adjudicated delinquent for an offense that would be a
felony if committed by an adult. A petition alleging that a juvenile
committed a violent juvenile felony shall be filed with the court. A
petition alleging that a juvenile is delinquent for an offense that
would be a felony if committed by an adult shall be filed with the
court if the juvenile had previously been proceeded against informally
by intake or had been adjudicated delinquent.

If a juvenile is alleged to be a truant pursuant to a complaint filed
in accordance with � 22.1-258 and the attendance officer has provided
documentation to the intake officer that the relevant school division
has complied with the provisions of � 22.1-258, then the intake
officer shall file a petition with the court. The intake officer may
defer filing the complaint for 90 days and proceed informally by
developing a truancy plan. The intake officer may proceed informally
only if the juvenile has not previously been proceeded against
informally or adjudicated in need of supervision for failure to comply
with compulsory school attendance as provided in � 22.1-254. The
juvenile and his parent or parents, guardian or other person standing
in loco parentis must agree, in writing, for the development of a
truancy plan. The truancy plan may include requirements that the
juvenile and his parent or parents, guardian or other person standing
in loco parentis participate in such programs, cooperate in such
treatment or be subject to such conditions and limitations as
necessary to ensure the juvenile's compliance with compulsory school
attendance as provided in � 22.1-254. The intake officer may refer the
juvenile to the appropriate public agency for the purpose of
developing a truancy plan using an interagency interdisciplinary team
approach. The team may include qualified personnel who are reasonably
available from the appropriate department of social services,
community services board, local school division, court service unit
and other appropriate and available public and private agencies and
may be the family assessment and planning team established pursuant to
� 2.2-5207. If at the end of the 90-day period the juvenile has not
successfully completed the truancy plan or the truancy program, then
the intake officer shall file the petition.

Whenever informal action is taken as provided in this subsection on a
complaint alleging that a child is in need of services, in need of
supervision or delinquent, the intake officer shall (i) develop a plan
for the juvenile, which may include restitution and the performance of
community service, based upon community resources and the
circumstances which resulted in the complaint, (ii) create an official
record of the action taken by the intake officer and file such record
in the juvenile's case file, and (iii) advise the juvenile and the
juvenile's parent, guardian or other person standing in loco parentis
and the complainant that any subsequent complaint alleging that the
child is in need of supervision or delinquent based upon facts which
may be sufficient to invoke the jurisdiction of the court pursuant to
� 16.1-241 will result in the filing of a petition with the court.

C. The intake officer shall accept and file a petition in which it is
alleged that (i) the custody, visitation or support of a child is the
subject of controversy or requires determination, (ii) a person has
deserted, abandoned or failed to provide support for any person in
violation of law, (iii) a child or such child's parent, guardian,
legal custodian or other person standing in loco parentis is entitled
to treatment, rehabilitation or other services which are required by
law, or (iv) family abuse has occurred and a protective order is being
sought pursuant to �� 16.1-253.1, 16.1-253.4 or � 16..1-279.1. If any
such complainant does not file a petition, the intake officer may file
it. In cases in which a child is alleged to be abused, neglected, in
need of services, in need of supervision or delinquent, if the intake
officer believes that probable cause does not exist, or that the
authorization of a petition will not be in the best interest of the
family or juvenile or that the matter may be effectively dealt with by
some agency other than the court, he may refuse to authorize the
filing of a petition. The intake officer shall provide to a person
seeking a protective order pursuant to �� 16.1-253.1, 16.1-253.4 or �
16.1-279.1 a written explanation of the conditions, procedures and
time limits applicable to the issuance of protective orders pursuant
to �� 16.1-253.1, 16.1-253.4 or � 16.1-279.1.

D. Prior to the filing of any petition alleging that a child is in
need of supervision, the matter shall be reviewed by an intake officer
who shall determine whether the petitioner and the child alleged to be
in need of supervision have utilized or attempted to utilize treatment
and services available in the community and have exhausted all
appropriate nonjudicial remedies which are available to them. When the
intake officer determines that the parties have not attempted to
utilize available treatment or services or have not exhausted all
appropriate nonjudicial remedies which are available, he shall refer
the petitioner and the child alleged to be in need of supervision to
the appropriate agency, treatment facility or individual to receive
treatment or services, and a petition shall not be filed. Only after
the intake officer determines that the parties have made a reasonable
effort to utilize available community treatment or services may he
permit the petition to be filed.

E. If the intake officer refuses to authorize a petition relating to
an offense that if committed by an adult would be punishable as a
Class 1 misdemeanor or as a felony, the complainant shall be notified
in writing at that time of the complainant's right to apply to a
magistrate for a warrant. If a magistrate determines that probable
cause exists, he shall issue a warrant returnable to the juvenile and
domestic relations district court. The warrant shall be delivered
forthwith to the juvenile court, and the intake officer shall accept
and file a petition founded upon the warrant. If the court is closed
and the magistrate finds that the criteria for detention or shelter
care set forth in � 16.1-248.1 have been satisfied, the juvenile may
be detained pursuant to the warrant issued in accordance with this
subsection. If the intake officer refuses to authorize a petition
relating to a child in need of services or in need of supervision, a
status offense, or a misdemeanor other than Class 1, his decision is
final.

Upon delivery to the juvenile court of a warrant issued pursuant to
subdivision 2 of � 16.1-256, the intake officer shall accept and file
a petition founded upon the warrant.

F. The intake officer shall notify the attorney for the Commonwealth
of the filing of any petition which alleges facts of an offense which
would be a felony if committed by an adult.

G. Notwithstanding the provisions of Article 12 (� 16.1-299 et seq.)
of this chapter, the intake officer shall file a report with the
division superintendent of the school division in which any student
who is the subject of a petition alleging that such student who is a
juvenile has committed an act, wherever committed, which would be a
crime if committed by an adult. The report shall notify the division
superintendent of the filing of the petition and the nature of the
offense, if the violation involves:

1. A firearm offense pursuant to Article 4 (� 18.2-279 et seq.), 5 (�
18.2-288 et seq.), 6 (� 18.2-299 et seq.), or 7 (� 18.2-308 et seq.)
of Chapter 7 of Title 18.2;

2. Homicide, pursuant to Article 1 (� 18.2-30 et seq.) of Chapter 4 of
Title 18.2;

3. Felonious assault and bodily wounding, pursuant to Article 4 (�
18.2-51 et seq.) of Chapter 4 of Title 18.2;

4. Criminal sexual assault, pursuant to Article 7 (� 18.2-61 et seq.)
of Chapter 4 of Title 18.2;

5. Manufacture, sale, gift, distribution or possession of Schedule I
or II controlled substances, pursuant to Article 1 (� 18.2-247 et
seq.) of Chapter 7 of Title 18.2;

6. Manufacture, sale or distribution of marijuana pursuant to Article
1 (� 18.2-247 et seq.) of Chapter 7 of Title 18.2;

7. Arson and related crimes, pursuant to Article 1 (� 18.2-77 et seq..)
of Chapter 5 of Title 18.2;

8. Burglary and related offenses, pursuant to �� 18.2-89 through
18.2-93;

9. Robbery pursuant to � 18.2-58;

10. Prohibited street gang participation pursuant to � 18.2-46.2;

11. Prohibited criminal street gang activity pursuant to � 18.2-46.2;

12. Recruitment of other juveniles for a criminal street gang activity
pursuant to � 18.2-46.3; or

13. Recruitment of juveniles for criminal street gang pursuant to �
18.2-46.3.

The failure to provide information regarding the school in which the
juvenile who is the subject of the petition may be enrolled shall not
be grounds for refusing to file a petition.

The information provided to a division superintendent pursuant to this
section may be disclosed only as provided in � 16.1-305.2.

H. The filing of a petition shall not be necessary:

1. In the case of violations of the traffic laws, including offenses
involving bicycles, hitchhiking and other pedestrian offenses, game
and fish laws or a violation of the ordinance of any city regulating
surfing or any ordinance establishing curfew violations, animal
control violations or littering violations. In such cases the court
may proceed on a summons issued by the officer investigating the
violation in the same manner as provided by law for adults.
Additionally, an officer investigating a motor vehicle accident may,
at the scene of the accident or at any other location where a juvenile
who is involved in such an accident may be located, proceed on a
summons in lieu of filing a petition.

2. In the case of seeking consent to apply for the issuance of a work
permit pursuant to subsection H of � 16.1-241.

3. In the case of a violation of � 18.2-266 or 29.1-738, or the
commission of any other alcohol-related offense, provided the juvenile
is released to the custody of a parent or legal guardian pending the
initial court date. The officer releasing a juvenile to the custody of
a parent or legal guardian shall issue a summons to the juvenile and
shall also issue a summons requiring the parent or legal guardian to
appear before the court with the juvenile. Disposition of the charge
shall be in the manner provided in � 16.1-278.8 or � 16.1-278.9. If
the juvenile so charged with a violation of � 18.2-51.4, 18.2-266,
18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood
or breath or samples of both blood and breath for chemical analysis
pursuant to �� 18.2-268.1 through 18.2-268.12 or � 29.1-738.2, the
provisions of these sections shall be followed except that the
magistrate shall authorize execution of the warrant as a summons. The
summons shall be served on a parent or legal guardian and the
juvenile, and a copy of the summons shall be forwarded to the court in
which the violation is to be tried.

4. In the case of offenses which, if committed by an adult, would be
punishable as a Class 3 or Class 4 misdemeanor. In such cases the
court may direct that an intake officer proceed as provided in �
16.1-237 on a summons issued by the officer investigating the
violation in the same manner as provided by law for adults provided
that notice of the summons to appear is mailed by the investigating
officer within five days of the issuance of the summons to a parent or
legal guardian of the juvenile.

I. Failure to comply with the procedures set forth in this section
shall not divest the juvenile court of the jurisdiction granted it in
� 16.1-241.

� 16.1-278.15. Custody or visitation, child or spousal support
generally.

A. In cases involving the custody, visitation or support of a child
pursuant to subdivision A 3 of � 16.1-241, the court may make any
order of disposition to protect the welfare of the child and family as
may be made by the circuit court. The parties to any petition where a
child whose custody, visitation, or support is contested shall show
proof that they have attended within the 12 months prior to their
court appearance or that they shall attend within 45 days thereafter
an educational seminar or other like program conducted by a qualified
person or organization approved by the court. The court may require
the parties to attend such seminar or program in uncontested cases
only if the court finds good cause. The seminar or other program shall
be a minimum of four hours in length and shall address the effects of
separation or divorce on children, parenting responsibilities, options
for conflict resolution and financial responsibilities. Once a party
has completed one educational seminar or other like program, the
required completion of additional programs shall be at the court's
discretion. Parties under this section shall include natural or
adoptive parents of the child, or any person with a legitimate
interest as defined in � 20-124.1. The fee charged a party for
participation in such program shall be based on the party's ability to
pay; however, no fee in excess of $50 may be charged. Whenever
possible, before participating in mediation or alternative dispute
resolution to address custody, visitation or support, each party shall
have attended the educational seminar or other like program. The court
may grant an exemption from attendance of such program for good cause
shown or if there is no program reasonably available. Other than
statements or admissions by a party admitting criminal activity or
child abuse or neglect, no statement or admission by a party in such
seminar or program shall be admissible into evidence in any subsequent
proceeding. If support is ordered for a child, the order shall also
provide that support will continue to be paid for a child over the age
of 18 who is (i) a full-time high school student, (ii) not self-
supporting, and (iii) living in the home of the parent seeking or
receiving child support, until the child reaches the age of 19 or
graduates from high school, whichever occurs first. The court may also
order the continuation of support for any child over the age of 18 who
is (a) severely and permanently mentally or physically disabled, (b)
unable to live independently and support himself, and (c) resides in
the home of the parent seeking or receiving child support.

B. In any case involving the custody or visitation of a child, the
court may award custody upon petition to any party with a legitimate
interest therein, including, but not limited to, grandparents,
stepparents, former stepparents, blood relatives and family members.
The term "legitimate interest" shall be broadly construed to
accommodate the best interest of the child. The authority of the
juvenile court to consider a petition involving the custody of a child
shall not be proscribed or limited where the custody of the child has
previously been awarded to a local board of social services.

C. In any determination of support obligation under this section, the
support obligation as it becomes due and unpaid creates a judgment by
operation of law. Such judgment becomes a lien against real estate
only when docketed in the county or city where such real estate is
located. Nothing herein shall be construed to alter or amend the
process of attachment of any lien on personal property.

D. Orders entered prior to July 1, 2008, shall not be deemed void or
voidable solely because the petition or motion that resulted in the
order was completed, signed and filed by a nonattorney employee of the
Department of Social Services.

E. In cases involving charges for desertion, abandonment or failure to
provide support by any person in violation of law, disposition shall
be made in accordance with Chapter 5 (� 20-61 et seq.) of Title 20.

E F. In cases involving a spouse who seeks spousal support after
having separated from his spouse, the court may enter any appropriate
order to protect the welfare of the spouse seeking support.

F G. In any case or proceeding involving the custody or visitation of
a child, the court shall consider the best interest of the child,
including the considerations for determining custody and visitation
set forth in Chapter 6.1 (� 20-124.1 et seq.) of Title 20.

G H. In any proceeding before the court for custody or visitation of a
child, the court may order a custody or a psychological evaluation of
any parent, guardian, legal custodian or person standing in loco
parentis to the child, if the court finds such evaluation would assist
it in its determination. The court may enter such orders as it deems
appropriate for the payment of the costs of the evaluation by the
parties.

H I. When deemed appropriate by the court in any custody or visitation
matter, the court may order drug testing of any parent, guardian,
legal custodian or person standing in loco parentis to the child. The
court may enter such orders as it deems appropriate for the payment of
the costs of the testing by the parties.

� 54.1-3900. Practice of law; student internship program; definition..

Persons who hold a license or certificate to practice law under the
laws of this Commonwealth and have paid the license tax prescribed by
law may practice law in the Commonwealth.

Any person authorized and practicing as counsel or attorney in any
state or territory of the United States, or in the District of
Columbia, may for the purpose of attending to any case he may
occasionally have in association with a practicing attorney of this
Commonwealth practice in the courts of this Commonwealth, in which
case no license fee shall be chargeable against such nonresident
attorney.

Nothing herein shall prohibit the limited practice of law by military
legal assistance attorneys who are employed by a military program
providing legal services to low-income military clients and their
dependents pursuant to rules promulgated by the Supreme Court of
Virginia.

Nothing herein shall prohibit a limited practice of law under the
supervision of a practicing attorney by (i) third-year law students or
(ii) persons who are in the final year of a program of study as
authorized in � 54.1-3926, pursuant to rules promulgated by the
Supreme Court of Virginia.

Further, nothing Nothing herein shall prohibit an employee of a state
agency in the course of his employment from representing the interests
of his agency in administrative hearings before any state agency, such
representation to be limited to the examination of witnesses at
administrative hearings relating to personnel matters and the adoption
of agency standards, policies, rules and regulations.

Nothing herein shall prohibit designated nonattorney employees of the
Department of Social Services from completing, signing and filing
petitions and motions relating to the establishment, modification, or
enforcement of support on forms approved by the Supreme Court of
Virginia in Department cases in the juvenile and domestic relations
district courts.

As used in this chapter "attorney" means attorney-at-law.

� 63.2-1901. Purpose of chapter; powers and duties of the Department..

It is the purpose of this chapter to promote the efficient and
accurate collection, accounting and receipt of support for financially
dependent children and their custodians, and to further the effective
and timely enforcement of such support while ensuring that all
functions in the Department are appropriate or necessary to comply
with applicable federal law.

Nonattorney employees of the Department are authorized to complete,
sign and file petitions and motions on forms approved by the Supreme
Court of Virginia relating to the establishment, modification, and
enforcement of support in Department cases in the juvenile and
domestic relations district courts. Orders entered prior to July 1,
2008, shall not be deemed void or voidable solely because such
petitions and motions were signed by nonattorney employees.

When so ordered by the court or the Department, support for
financially dependent children and their custodians shall be paid by
obligors to the Department's State Disbursement Unit (SDU) or in
district offices located within the Commonwealth for processing by the
SDU. The Department shall have authority to enter into contracts with
any appropriate public or private entities to enforce, collect,
account for and disburse payments for child or spousal support.

The Division of Child Support Enforcement within the Department shall
be authorized to issue payments to implement the disbursement of funds
pursuant to the provisions of this section.

2. That the provisions of this act amending subsection A of � 16.1-260
and the provisions of this act amending � 54.1-3900 are declarative of
existing law.

wrote in

This legislation, enroute to the Governor of Virginia for his
signature, not only grants non-attorney employees of DCSE the ability
to practice law,

So they change the laws to suite their agenda?

What other laws will this policy effect?
Can the governor be held accountable to passing illegal laws?

--
[Any man that's good enough to support a child is good enough to have
custody of such child]

..
..
wrote in message
...
This legislation, enroute to the Governor of Virginia for his
signature, not only grants non-attorney employees of DCSE the ability
to practice law, but also seeks to bar nearly 1,000,000 people from
getting access to a court to have their unenforceable child support
order declared as such. Of course, while granting DCSE non-attorney
employees the ability to practice law is stupid, the passage of
retroactive legislation to try and give courts subject matter
jurisdiction when it had no jurisdiction when entering the previous
orders is not only illegal but declared wholly unconstitutional.



*********************

The Constitution is to law as Latin is to language; in other words..........
DEAD!
It's been that way for quite some time, in case you were not aware.

**********************



VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact ?? 8.01-271.1, 16.1-260, 16.1-278.15,
54.1-3900, and 63.2-1901 of the Code of Virginia, relating to
nonattorney employees of the Department of Social Services.
[H 1382]
Approved

?

Be it enacted by the General Assembly of Virginia:

1. That ?? 8.01-271.1, 16.1-260, 16.1-278.15, 54.1-3900, and 63.2-1901
of the Code of Virginia are amended and reenacted as follows:

? 8.01-271.1. Signing of pleadings, motions, and other papers; oral
motions; sanctions.

Every Except as otherwise provided in ?? 16.1-260 and 63.2-1901, every
pleading, written motion, and other paper of a party represented by an
attorney shall be signed by at least one attorney of record in his
individual name, and the attorney's address shall be stated on the
first pleading filed by that attorney in the action. A party who is
not represented by an attorney, including a person confined in a state
or local correctional facility proceeding pro se, shall sign his
pleading, motion, or other paper and state his address.

The signature of an attorney or party constitutes a certificate by him
that (i) he has read the pleading, motion, or other paper, (ii) to the
best of his knowledge, information and belief, formed after reasonable
inquiry, it is well grounded in fact and is warranted by existing law
or a good faith argument for the extension, modification, or reversal
of existing law, and (iii) it is not interposed for any improper
purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation. If a pleading, written motion, or
other paper is not signed, it shall be stricken unless it is signed
promptly after the omission is called to the attention of the pleader
or movant.

An oral motion made by an attorney or party in any court of the
Commonwealth constitutes a representation by him that (i) to the best
of his knowledge, information and belief formed after reasonable
inquiry it is well grounded in fact and is warranted by existing law
or a good faith argument for the extension, modification or reversal
of existing law, and (ii) it is not interposed for any improper
purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation.

If a pleading, motion, or other paper is signed or made in violation
of this rule, the court, upon motion or upon its own initiative, shall
impose upon the person who signed the paper or made the motion, a
represented party, or both, an appropriate sanction, which may include
an order to pay to the other party or parties the amount of the
reasonable expenses incurred because of the filing of the pleading,
motion, or other paper or making of the motion, including a reasonable
attorney's fee.

? 16.1-260. Intake; petition; investigation.

A. All matters alleged to be within the jurisdiction of the court
shall be commenced by the filing of a petition, except as provided in
subsection H of this section and in ? 16.1-259. The form and content
of the petition shall be as provided in ? 16.1-262. No individual
shall be required to obtain support services from the Department of
Social Services prior to filing a petition seeking support for a
child. Complaints, requests and the processing of petitions to
initiate a case shall be the responsibility of the intake officer.
However, (i) the attorney for the Commonwealth of the city or county
may file a petition on his own motion with the clerk, (ii) designated
nonattorney employees of the Department of Social Services may file
support complete, sign and file petitions on its own motion and
motions relating to the establishment, modification, or enforcement of
support on forms approved by the Supreme Court of Virginia with the
clerk, and (iii) any attorney may file petitions on behalf of his
client with the clerk except petitions alleging that the subject of
the petition is a child alleged to be in need of services, in need of
supervision or delinquent. Complaints alleging abuse or neglect of a
child shall be referred initially to the local department of social
services in accordance with the provisions of Chapter 15 (? 63.2-1500
et seq.) of Title 63.2. Motions and other subsequent pleadings in a
case shall be filed directly with the clerk. The intake officer or
clerk with whom the petition or motion is filed shall inquire whether
the petitioner is receiving child support services or public
assistance. No individual who is receiving support services or public
assistance shall be denied the right to file a petition or motion to
establish, modify or enforce an order for support of a child. If the
petitioner is seeking or receiving child support services or public
assistance, the clerk, upon issuance of process, shall forward a copy
of the petition or motion, together with notice of the court date, to
the Division of Child Support Enforcement.

B. The appearance of a child before an intake officer may be by (i)
personal appearance before the intake officer or (ii) use of two-way
electronic video and audio communication. If two-way electronic video
and audio communication is used, an intake officer may exercise all
powers conferred by law. All communications and proceedings shall be
conducted in the same manner as if the appearance were in person, and
any documents filed may be transmitted by facsimile process. The
facsimile may be served or executed by the officer or person to whom
sent, and returned in the same manner, and with the same force,
effect, authority, and liability as an original document. All
signatures thereon shall be treated as original signatures. Any two-
way electronic video and audio communication system used for an
appearance shall meet the standards as set forth in subsection B of ?
19.2-3.1.

When the court service unit of any court receives a complaint alleging
facts which may be sufficient to invoke the jurisdiction of the court
pursuant to ? 16.1-241, the unit, through an intake officer, may
proceed informally to make such adjustment as is practicable without
the filing of a petition or may authorize a petition to be filed by
any complainant having sufficient knowledge of the matter to establish
probable cause for the issuance of the petition.

An intake officer may proceed informally on a complaint alleging a
child is in need of services, in need of supervision or delinquent
only if the juvenile (i) is not alleged to have committed a violent
juvenile felony or (ii) has not previously been proceeded against
informally or adjudicated delinquent for an offense that would be a
felony if committed by an adult. A petition alleging that a juvenile
committed a violent juvenile felony shall be filed with the court. A
petition alleging that a juvenile is delinquent for an offense that
would be a felony if committed by an adult shall be filed with the
court if the juvenile had previously been proceeded against informally
by intake or had been adjudicated delinquent.

If a juvenile is alleged to be a truant pursuant to a complaint filed
in accordance with ? 22.1-258 and the attendance officer has provided
documentation to the intake officer that the relevant school division
has complied with the provisions of ? 22.1-258, then the intake
officer shall file a petition with the court. The intake officer may
defer filing the complaint for 90 days and proceed informally by
developing a truancy plan. The intake officer may proceed informally
only if the juvenile has not previously been proceeded against
informally or adjudicated in need of supervision for failure to comply
with compulsory school attendance as provided in ? 22.1-254. The
juvenile and his parent or parents, guardian or other person standing
in loco parentis must agree, in writing, for the development of a
truancy plan. The truancy plan may include requirements that the
juvenile and his parent or parents, guardian or other person standing
in loco parentis participate in such programs, cooperate in such
treatment or be subject to such conditions and limitations as
necessary to ensure the juvenile's compliance with compulsory school
attendance as provided in ? 22.1-254. The intake officer may refer the
juvenile to the appropriate public agency for the purpose of
developing a truancy plan using an interagency interdisciplinary team
approach. The team may include qualified personnel who are reasonably
available from the appropriate department of social services,
community services board, local school division, court service unit
and other appropriate and available public and private agencies and
may be the family assessment and planning team established pursuant to
? 2.2-5207. If at the end of the 90-day period the juvenile has not
successfully completed the truancy plan or the truancy program, then
the intake officer shall file the petition.

Whenever informal action is taken as provided in this subsection on a
complaint alleging that a child is in need of services, in need of
supervision or delinquent, the intake officer shall (i) develop a plan
for the juvenile, which may include restitution and the performance of
community service, based upon community resources and the
circumstances which resulted in the complaint, (ii) create an official
record of the action taken by the intake officer and file such record
in the juvenile's case file, and (iii) advise the juvenile and the
juvenile's parent, guardian or other person standing in loco parentis
and the complainant that any subsequent complaint alleging that the
child is in need of supervision or delinquent based upon facts which
may be sufficient to invoke the jurisdiction of the court pursuant to
? 16.1-241 will result in the filing of a petition with the court.

C. The intake officer shall accept and file a petition in which it is
alleged that (i) the custody, visitation or support of a child is the
subject of controversy or requires determination, (ii) a person has
deserted, abandoned or failed to provide support for any person in
violation of law, (iii) a child or such child's parent, guardian,
legal custodian or other person standing in loco parentis is entitled
to treatment, rehabilitation or other services which are required by
law, or (iv) family abuse has occurred and a protective order is being
sought pursuant to ?? 16.1-253.1, 16.1-253.4 or ? 16.1-279.1. If any
such complainant does not file a petition, the intake officer may file
it. In cases in which a child is alleged to be abused, neglected, in
need of services, in need of supervision or delinquent, if the intake
officer believes that probable cause does not exist, or that the
authorization of a petition will not be in the best interest of the
family or juvenile or that the matter may be effectively dealt with by
some agency other than the court, he may refuse to authorize the
filing of a petition. The intake officer shall provide to a person
seeking a protective order pursuant to ?? 16.1-253.1, 16.1-253.4 or ?
16.1-279.1 a written explanation of the conditions, procedures and
time limits applicable to the issuance of protective orders pursuant
to ?? 16.1-253.1, 16.1-253.4 or ? 16.1-279.1.

D. Prior to the filing of any petition alleging that a child is in
need of supervision, the matter shall be reviewed by an intake officer
who shall determine whether the petitioner and the child alleged to be
in need of supervision have utilized or attempted to utilize treatment
and services available in the community and have exhausted all
appropriate nonjudicial remedies which are available to them. When the
intake officer determines that the parties have not attempted to
utilize available treatment or services or have not exhausted all
appropriate nonjudicial remedies which are available, he shall refer
the petitioner and the child alleged to be in need of supervision to
the appropriate agency, treatment facility or individual to receive
treatment or services, and a petition shall not be filed. Only after
the intake officer determines that the parties have made a reasonable
effort to utilize available community treatment or services may he
permit the petition to be filed.

E. If the intake officer refuses to authorize a petition relating to
an offense that if committed by an adult would be punishable as a
Class 1 misdemeanor or as a felony, the complainant shall be notified
in writing at that time of the complainant's right to apply to a
magistrate for a warrant. If a magistrate determines that probable
cause exists, he shall issue a warrant returnable to the juvenile and
domestic relations district court. The warrant shall be delivered
forthwith to the juvenile court, and the intake officer shall accept
and file a petition founded upon the warrant. If the court is closed
and the magistrate finds that the criteria for detention or shelter
care set forth in ? 16.1-248.1 have been satisfied, the juvenile may
be detained pursuant to the warrant issued in accordance with this
subsection. If the intake officer refuses to authorize a petition
relating to a child in need of services or in need of supervision, a
status offense, or a misdemeanor other than Class 1, his decision is
final.

Upon delivery to the juvenile court of a warrant issued pursuant to
subdivision 2 of ? 16.1-256, the intake officer shall accept and file
a petition founded upon the warrant.

F. The intake officer shall notify the attorney for the Commonwealth
of the filing of any petition which alleges facts of an offense which
would be a felony if committed by an adult.

G. Notwithstanding the provisions of Article 12 (? 16.1-299 et seq.)
of this chapter, the intake officer shall file a report with the
division superintendent of the school division in which any student
who is the subject of a petition alleging that such student who is a
juvenile has committed an act, wherever committed, which would be a
crime if committed by an adult. The report shall notify the division
superintendent of the filing of the petition and the nature of the
offense, if the violation involves:

1. A firearm offense pursuant to Article 4 (? 18.2-279 et seq.), 5 (?
18.2-288 et seq.), 6 (? 18.2-299 et seq.), or 7 (? 18.2-308 et seq.)
of Chapter 7 of Title 18.2;

2. Homicide, pursuant to Article 1 (? 18.2-30 et seq.) of Chapter 4 of
Title 18.2;

3. Felonious assault and bodily wounding, pursuant to Article 4 (?
18.2-51 et seq.) of Chapter 4 of Title 18.2;

4. Criminal sexual assault, pursuant to Article 7 (? 18.2-61 et seq.)
of Chapter 4 of Title 18.2;

5. Manufacture, sale, gift, distribution or possession of Schedule I
or II controlled substances, pursuant to Article 1 (? 18.2-247 et
seq.) of Chapter 7 of Title 18.2;

6. Manufacture, sale or distribution of marijuana pursuant to Article
1 (? 18.2-247 et seq.) of Chapter 7 of Title 18.2;

7. Arson and related crimes, pursuant to Article 1 (? 18.2-77 et seq.)
of Chapter 5 of Title 18.2;

8. Burglary and related offenses, pursuant to ?? 18.2-89 through
18.2-93;

9. Robbery pursuant to ? 18.2-58;

10. Prohibited street gang participation pursuant to ? 18.2-46.2;

11. Prohibited criminal street gang activity pursuant to ? 18.2-46.2;

12. Recruitment of other juveniles for a criminal street gang activity
pursuant to ? 18.2-46.3; or

13. Recruitment of juveniles for criminal street gang pursuant to ?
18.2-46.3.

The failure to provide information regarding the school in which the
juvenile who is the subject of the petition may be enrolled shall not
be grounds for refusing to file a petition.

The information provided to a division superintendent pursuant to this
section may be disclosed only as provided in ? 16.1-305.2.

H. The filing of a petition shall not be necessary:

1. In the case of violations of the traffic laws, including offenses
involving bicycles, hitchhiking and other pedestrian offenses, game
and fish laws or a violation of the ordinance of any city regulating
surfing or any ordinance establishing curfew violations, animal
control violations or littering violations. In such cases the court
may proceed on a summons issued by the officer investigating the
violation in the same manner as provided by law for adults.
Additionally, an officer investigating a motor vehicle accident may,
at the scene of the accident or at any other location where a juvenile
who is involved in such an accident may be located, proceed on a
summons in lieu of filing a petition.

2. In the case of seeking consent to apply for the issuance of a work
permit pursuant to subsection H of ? 16.1-241.

3. In the case of a violation of ? 18.2-266 or 29.1-738, or the
commission of any other alcohol-related offense, provided the juvenile
is released to the custody of a parent or legal guardian pending the
initial court date. The officer releasing a juvenile to the custody of
a parent or legal guardian shall issue a summons to the juvenile and
shall also issue a summons requiring the parent or legal guardian to
appear before the court with the juvenile. Disposition of the charge
shall be in the manner provided in ? 16.1-278.8 or ? 16.1-278.9. If
the juvenile so charged with a violation of ? 18.2-51.4, 18.2-266,
18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood
or breath or samples of both blood and breath for chemical analysis
pursuant to ?? 18.2-268.1 through 18.2-268.12 or ? 29.1-738.2, the
provisions of these sections shall be followed except that the
magistrate shall authorize execution of the warrant as a summons. The
summons shall be served on a parent or legal guardian and the
juvenile, and a copy of the summons shall be forwarded to the court in
which the violation is to be tried.

4. In the case of offenses which, if committed by an adult, would be
punishable as a Class 3 or Class 4 misdemeanor. In such cases the
court may direct that an intake officer proceed as provided in ?
16.1-237 on a summons issued by the officer investigating the
violation in the same manner as provided by law for adults provided
that notice of the summons to appear is mailed by the investigating
officer within five days of the issuance of the summons to a parent or
legal guardian of the juvenile.

I. Failure to comply with the procedures set forth in this section
shall not divest the juvenile court of the jurisdiction granted it in
? 16.1-241.

? 16.1-278.15. Custody or visitation, child or spousal support
generally.

A. In cases involving the custody, visitation or support of a child
pursuant to subdivision A 3 of ? 16.1-241, the court may make any
order of disposition to protect the welfare of the child and family as
may be made by the circuit court. The parties to any petition where a
child whose custody, visitation, or support is contested shall show
proof that they have attended within the 12 months prior to their
court appearance or that they shall attend within 45 days thereafter
an educational seminar or other like program conducted by a qualified
person or organization approved by the court. The court may require
the parties to attend such seminar or program in uncontested cases
only if the court finds good cause. The seminar or other program shall
be a minimum of four hours in length and shall address the effects of
separation or divorce on children, parenting responsibilities, options
for conflict resolution and financial responsibilities. Once a party
has completed one educational seminar or other like program, the
required completion of additional programs shall be at the court's
discretion. Parties under this section shall include natural or
adoptive parents of the child, or any person with a legitimate
interest as defined in ? 20-124.1. The fee charged a party for
participation in such program shall be based on the party's ability to
pay; however, no fee in excess of $50 may be charged. Whenever
possible, before participating in mediation or alternative dispute
resolution to address custody, visitation or support, each party shall
have attended the educational seminar or other like program. The court
may grant an exemption from attendance of such program for good cause
shown or if there is no program reasonably available. Other than
statements or admissions by a party admitting criminal activity or
child abuse or neglect, no statement or admission by a party in such
seminar or program shall be admissible into evidence in any subsequent
proceeding. If support is ordered for a child, the order shall also
provide that support will continue to be paid for a child over the age
of 18 who is (i) a full-time high school student, (ii) not self-
supporting, and (iii) living in the home of the parent seeking or
receiving child support, until the child reaches the age of 19 or
graduates from high school, whichever occurs first. The court may also
order the continuation of support for any child over the age of 18 who
is (a) severely and permanently mentally or physically disabled, (b)
unable to live independently and support himself, and (c) resides in
the home of the parent seeking or receiving child support.

B. In any case involving the custody or visitation of a child, the
court may award custody upon petition to any party with a legitimate
interest therein, including, but not limited to, grandparents,
stepparents, former stepparents, blood relatives and family members.
The term "legitimate interest" shall be broadly construed to
accommodate the best interest of the child. The authority of the
juvenile court to consider a petition involving the custody of a child
shall not be proscribed or limited where the custody of the child has
previously been awarded to a local board of social services.

C. In any determination of support obligation under this section, the
support obligation as it becomes due and unpaid creates a judgment by
operation of law. Such judgment becomes a lien against real estate
only when docketed in the county or city where such real estate is
located. Nothing herein shall be construed to alter or amend the
process of attachment of any lien on personal property.

D. Orders entered prior to July 1, 2008, shall not be deemed void or
voidable solely because the petition or motion that resulted in the
order was completed, signed and filed by a nonattorney employee of the
Department of Social Services.

E. In cases involving charges for desertion, abandonment or failure to
provide support by any person in violation of law, disposition shall
be made in accordance with Chapter 5 (? 20-61 et seq.) of Title 20.

E F. In cases involving a spouse who seeks spousal support after
having separated from his spouse, the court may enter any appropriate
order to protect the welfare of the spouse seeking support.

F G. In any case or proceeding involving the custody or visitation of
a child, the court shall consider the best interest of the child,
including the considerations for determining custody and visitation
set forth in Chapter 6.1 (? 20-124.1 et seq.) of Title 20.

G H. In any proceeding before the court for custody or visitation of a
child, the court may order a custody or a psychological evaluation of
any parent, guardian, legal custodian or person standing in loco
parentis to the child, if the court finds such evaluation would assist
it in its determination. The court may enter such orders as it deems
appropriate for the payment of the costs of the evaluation by the
parties.

H I. When deemed appropriate by the court in any custody or visitation
matter, the court may order drug testing of any parent, guardian,
legal custodian or person standing in loco parentis to the child. The
court may enter such orders as it deems appropriate for the payment of
the costs of the testing by the parties.

? 54.1-3900. Practice of law; student internship program; definition.

Persons who hold a license or certificate to practice law under the
laws of this Commonwealth and have paid the license tax prescribed by
law may practice law in the Commonwealth.

Any person authorized and practicing as counsel or attorney in any
state or territory of the United States, or in the District of
Columbia, may for the purpose of attending to any case he may
occasionally have in association with a practicing attorney of this
Commonwealth practice in the courts of this Commonwealth, in which
case no license fee shall be chargeable against such nonresident
attorney.

Nothing herein shall prohibit the limited practice of law by military
legal assistance attorneys who are employed by a military program
providing legal services to low-income military clients and their
dependents pursuant to rules promulgated by the Supreme Court of
Virginia.

Nothing herein shall prohibit a limited practice of law under the
supervision of a practicing attorney by (i) third-year law students or
(ii) persons who are in the final year of a program of study as
authorized in ? 54.1-3926, pursuant to rules promulgated by the
Supreme Court of Virginia.

Further, nothing Nothing herein shall prohibit an employee of a state
agency in the course of his employment from representing the interests
of his agency in administrative hearings before any state agency, such
representation to be limited to the examination of witnesses at
administrative hearings relating to personnel matters and the adoption
of agency standards, policies, rules and regulations.

Nothing herein shall prohibit designated nonattorney employees of the
Department of Social Services from completing, signing and filing
petitions and motions relating to the establishment, modification, or
enforcement of support on forms approved by the Supreme Court of
Virginia in Department cases in the juvenile and domestic relations
district courts.

As used in this chapter "attorney" means attorney-at-law.

? 63.2-1901. Purpose of chapter; powers and duties of the Department.

It is the purpose of this chapter to promote the efficient and
accurate collection, accounting and receipt of support for financially
dependent children and their custodians, and to further the effective
and timely enforcement of such support while ensuring that all
functions in the Department are appropriate or necessary to comply
with applicable federal law.

Nonattorney employees of the Department are authorized to complete,
sign and file petitions and motions on forms approved by the Supreme
Court of Virginia relating to the establishment, modification, and
enforcement of support in Department cases in the juvenile and
domestic relations district courts. Orders entered prior to July 1,
2008, shall not be deemed void or voidable solely because such
petitions and motions were signed by nonattorney employees.

When so ordered by the court or the Department, support for
financially dependent children and their custodians shall be paid by
obligors to the Department's State Disbursement Unit (SDU) or in
district offices located within the Commonwealth for processing by the
SDU. The Department shall have authority to enter into contracts with
any appropriate public or private entities to enforce, collect,
account for and disburse payments for child or spousal support.

The Division of Child Support Enforcement within the Department shall
be authorized to issue payments to implement the disbursement of funds
pursuant to the provisions of this section.

2. That the provisions of this act amending subsection A of ? 16.1-260
and the provisions of this act amending ? 54.1-3900 are declarative of
existing law.