Virginia's Judicial System

Proposed Legislation Summary

Below is a list of summaries of select bills introduced in the 2001 Session of the General Assembly which deal with mediation and a brief summary of their status as of the end of the General Assembly session.

Bills That Passed

House Bill 2290

This bill provides for an adjustment to income under the support guidelines for support paid for other children of the parties but who are not the subject of the current proceeding. Status: Adopted

House Bill 2215

This bill seeks to modify the result of the August 2000 decision of the Court of Appeals in Rubio v. Rubio (33 Va. App. 74, 531 S.e.2d 612) by repealing the second enactment of Chapter 604 of the Acts of Assembly of 1998, as it relates to § 20-109, retroactively to July 1, 1998. That second enactment, intended to apply only to suits for modification of spousal support orders initially brought prior to July 1, 1998, for defined-duration alimony, was interpreted by the court so as to apply to petitions for any modification to spousal support. The bill also amends the Code of Virginia to specifically apply the change only to defined-duration alimony. Status: Adopted.

House Bill 2438

This bill provides for alternative dispute resolution in cases where eminent domain is used to acquire real property under an approved redevelopment plan. Status: Adopted.

Bills That Did Not Pass

House Joint Resolution 669

This bill requests the Virginia Association for Community Conflict Resolution, with the assistance of the Virginia State Bar/Virginia Bar Association Joint Committee on ADR, and the Institute for Environmental Negotiation at the University of Virginia to study the desirability and feasibility of establishing community mediation centers in Virginia. The study shall (i) document the need for community mediation programs in the Commonwealth, (ii) identify dispute resolution services within the Commonwealth and how mediation centers provide and augment those services, and (iii) clarify what other states are doing in the field of mediation, how those states benefit from community mediation programs, and how the states provide funding support to those programs. Status: Referred by the House to Committee on Rules; Passed by indefinitely in Rules (no further action taken so bill is dead).

Senate Bill 1352

This bill requires mandated reporters of child abuse to complete two hours of training regarding the identification and reporting of child abuse and neglect within one year of the establishment of the training program by the Department of Social Services. Mandated reporters shall provide the body authorized to license, register, accredit, hire, appoint or designate them with documentation verifying the completion of the required child abuse identification and reporting training program. Status: Stricken at the request of Patron.

House Bill 1500

This bill provides that when custody is at issue there shall be a rebuttable presumption in favor of the parents having joint legal custody. Status: Referred by the Senate to Committee for Courts of Justice; Passed by indefinitely (no further action taken so bill is dead).

House Bill 1674

This bill provides that a proposed or completed relocation of a child's principle residence constitutes a change of circumstances that may justify a change in custody. Status: House assigned to Committee for Courts of Justice; Assigned to sub-committee; Passed by indefinitely (died).

House Bill 2034

This bill clarifies that both child and spousal support orders must contain the name, date of birth and social security number of the person responsible for support. Status: House referred to Committee for Courts of Justice; Assigned to sub-committee where tabled.

House Bill 2262

This bill requires a court to consider Parental Alienation Syndrome in determining the best interests of a child. In addition, the bill requires the court to explain orally or in writing why frequent and continuing contact with both parents is not appropriate. Status: House assigned to Committee for Courts of Justice sub-committee; Passed by indefinitely (died).

House Bill 2513

This bill substitutes the terms "shared parenting" and "sole parenting" for joint custody and sole custody and repeals the definition of joint custody. Custody and visitation are changed to "parenting arrangement." If there is clear and convincing evidence that the best interests of the child will be served, primary care and control of the child may be awarded to one person. Status: Assigned to Committee for Courts of Justice sub-committee where it was tabled.

House Bill 2545

This bill establishes a rebuttable presumption for joint custody and that each parent should be responsible for providing no less than one-third of the care and control of the child. This bill also provides that a court may not order that a parent's time with a child be supervised unless there is clear and convincing evidence of child abuse and neglect. Status: House assigned to Committee for Courts of Justice sub-committee; Incorporated into House Bill 1500 which died (see above).

Senate Bill 1175

This bill provides that in an eminent domain proceeding, if any party requests mediation, the petitioner and parties shall be referred by the court to a dispute resolution evaluation session prior to trial to determine just compensation. Status: Senate referred to Committee for Courts of Justice; Passed by indefinitely (died).

This page last modified: March 19, 2001