HB 942 Virginia House of Delegates · 2026 Regular Session

Custody and visitation of a child; possession or consumption of authorized substances.

Summary
Custody and visitation; possession or consumption of authorized substances. Provides that no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Courts of Justice Substitute Engrossed · 5 edits · Mar 13, 2026
MODERATE
This bill expands the scope of HB 942 to include child abuse and neglect definitions alongside existing custody and visitation rules. It adds a new section of definitions to the Code of Virginia covering terms like 'abused or neglected child' and 'qualified residential treatment program.' The bill also amends existing sections to clarify that legal possession of authorized substances (like medical marijuana) alone cannot restrict custody or visitation unless it poses a specific risk to the child.
Scope change
The bill's scope was broadened from solely addressing custody and visitation to also encompass child abuse and neglect definitions and related regulatory compliance.
DEFINITION

Added a new section (§ 16.1-228) containing extensive definitions for child welfare terms, including specific criteria for what constitutes an 'abused or neglected child' and 'child in need of services.'

Added a new section (§ 63.2-100) defining terms related to adult protective services, foster care, and kinship guardianship to align with state social services regulations.

ELIGIBILITY

Modified custody and visitation rules to explicitly state that a parent's legal possession or consumption of authorized substances under state law does not automatically restrict visitation or custody rights.

REQUIREMENT

Modified drug testing provisions to clarify that testing for lawful adult substances must be excluded from custody-related drug tests.

Added requirements for courts to consider specific factors regarding post-adoption contact agreements when awarding custody to parents whose rights were previously terminated.

Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 10, 2026

How they voted

390
Passed
Total votes 39
Mar 3, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
12
Committee
7
Amendments
2
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 711 (effective 7/1/2026)
executive
Mar 13, 2026
Upper · Passed
Signed by President
upper
Mar 13, 2026
Lower · Passed
Signed by Speaker
lower
Mar 13, 2026
Lower · Passed
Bill text as passed House and Senate (HB942ER)
lower
Mar 4, 2026
Upper · Passed
Passed Senate with substitute (22-Y 17-N 0-A)
upper
Mar 3, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 2, 2026
Upper · Passed
Reported from Courts of Justice with substitute (8-Y 6-N 1-A)
upper
Feb 11, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 10, 2026
Lower · Passed
Read third time and passed House (62-Y 36-N 0-A)
lower
Feb 9, 2026
Introduced
Engrossed by House as amended
lower
Feb 9, 2026
Lower · Passed
committee amendment agreed to
lower
Feb 4, 2026
Lower · Passed
Reported from Courts of Justice with amendment(s) (15-Y 7-N)
lower
Jan 28, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) (5-Y 3-N)
lower
Jan 28, 2026
Lower · Passed
House subcommittee offered
lower
Jan 26, 2026
Committee
Assigned HCJ sub: Civil
lower
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 1 co-sponsor

Sponsors