VA HB942

Legal possession or consumption of substances authorized under Virginia's alcohol (Title 4.1) or drug control (Chapter 34 of Title 54.1) laws cannot alone serve as a basis to restrict custody or visitation rights in child custody cases.

A positive drug test result for legally authorized substances shall not be construed as a failed drug test when courts order drug testing of parents, guardians, or custodians in custody or visitation matters.

Courts may only restrict custody or visitation based on authorized substance use if other facts establish that such possession or consumption is not in the best interest of the child.

The Board of Social Services must amend its regulations, guidance documents, and instructional materials to ensure investigations and family assessments comply with these provisions.

The legislation amends §§ 16.1-278.15 and 20-124.2 of the Code of Virginia governing juvenile and domestic relations court custody proceedings and circuit court custody arrangements.