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Official Virginia Supreme Court and Court of Appeals decisions are now available only in Word format. (An unofficial version in .txt format is also available at the official site.) If you do not use Word, you can obtain a free Microsoft Word Viewer from the following sites:
http://officeupdate.microsoft.com/downloadDetails/wd97vwr32.htm
http://officeupdate.microsoft.com/downloadDetails/wdvw9716.htm
The Comprehensive Services Act Office (CSA) appeals the decision of the trial court ordering it to "immediately pursue and locate residential placement for [J.M.] . . . funded by the [CSA] pursuant to [Code �] 2.1-757(E)." CSA contends that (1) the trial court erroneously denied a hearing de novo on appeal from the juvenile and domestic relations district court (J&DR), (2) the J&DR acted without jurisdiction and all attendant orders are "void and without effect," (3) the order improperly required CSA funding for services to J.M. contrary to the applicable Individualized Educational Program (IEP), and (4) the court unreasonably infringed on the legislative branch in violation of the separation of powers. We find that the CSA was entitled to an evidentiary hearing and, therefore, reverse the disputed order, and remand the proceedings to the circuit court for further reconsideration in accordance with this opinion.
Adjudicatory hearing to determine allegations of child abuse and neglect to be held within 30 days of preliminary removal and protective order hearings is procedural requirement that may be extended by juvenile court for good cause shown or on agreement of all parties involved. Juvenile court has discretionary authority, but is not required, to order service of process by publication. Service of process may be waived without completion of service by publication when court determines that, after reasonable effort, person cannot be located. When court-appointed guardian ad litem presents appropriate court order, child-protective services must allow guardian access to records relating to child guardian represents for purposes of inspection and copying.
Va. Code � 18.2-465.1, which prohibits an employer from discharging, taking any adverse personnel action against, or requiring the use of sick leave or vacation time by, any employee who is summoned to appear in a "court of "law," is applicable to juvenile and domestic relations district courts, other state courts, federal courts, and out-of-state courts.