TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Final Regulation

Title of Regulation: 22VAC40-201. Permanency Services - Prevention, Foster Care, Adoption and Independent Living (amending 22VAC40-201-190).

Statutory Authority: §§ 63.2-217 and 63.2-319 of the Code of Virginia.

Effective Date: November 10, 2022.

Agency Contact: Em Parente, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7895, FAX (804) 726-7538, or email em.parente@dss.virginia.gov.

Summary:

Pursuant to Chapter 377 of the 2022 Acts of Assembly, the amendments allow for the written notice to a birth father to be provided by certified mail with proof of service or express mail with proof of delivery to the birth father's last known address, including a provision that specifies when written notice is provided to a birth father before the birth of the child, the registration with the Virginia Birth Father Registry will be considered untimely if it is received by the Virginia Department of Social Services more than 10 days after the personal service of the written notice or more than 13 days after the certified or express mailing date of the written notice, whichever occurs first, and a provision that specifies when the mother has misrepresented to the father that she terminated the pregnancy, miscarried, or the child died when the child is alive, the father has 10 days to register upon discovering the misrepresentation unless 180 days have elapsed from the date the circuit court entered the Final Order Adoption.

22VAC40-201-190. Virginia Birth Father Registry.

A. The department shall establish and maintain a putative father registry that is a confidential database.

B. A search of the Virginia Birth Father Registry shall be conducted for all adoptions except when the child has been adopted according to the laws of a foreign country or when the child was placed in Virginia from a foreign country for the purpose of adoption in accordance with § 63.2-1104 of the Code of Virginia.

C. Any petitioner who files a petition for termination of parental rights or for an adoption proceeding shall request a search of the Virginia Birth Father Registry. The certificate of search and finding must be filed with the court before an adoption or termination of parental rights proceeding can be concluded.

D. Any man who desires to be notified of an adoption proceeding or termination of parental rights regarding a child that he may have fathered shall register with the Virginia Birth Father Registry.

E. A registration is timely when it is received by the department within:

1. 10 days of the child's birth, unless written notice has been provided prior to the child's birth and the time period for registration under subsection 2 of this subsection applies or discovery of a misrepresentation has occurred and the time period for registration under subsection 3 of this subsection applies;

2. 10 days of the date of personal service of the written notice required under subsection F of § 63.2-1250 or within 13 days of the date of such written notice when sent by certified mailing date of such written notice mail with proof of service or express mail with proof of delivery, whichever occurs first; or

3. 10 days upon the registrant's discovery of misrepresentation by the birth mother that led him to believe that (i) the pregnancy was terminated or the mother miscarried when in fact the baby was born or (ii) the child died when in fact the child is alive. However, registration within 10 days of discovery of such misrepresentations shall be considered untimely if 180 days have elapsed from the date the circuit court entered the final order of adoption.

F. The department may require additional information to determine that the individual requesting information from the Virginia Birth Father Registry is eligible to receive information in accordance with § 63.2-1251 of the Code of Virginia.