Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part I - General Provision › Section 22VAC40-131-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Adoptive home" means any family home selected and approved
					 by a parent, local board or a licensed child-placing agency for the placement
					 of a child with the intent of adoption.
"Adoptive parent" means any person selected and approved by
					 a parent or a child-placing agency for the placement of a child with the intent
					 of adoption.
"Adoptive placement" means arranging for the care of a
					 child who is in the custody of a child-placing agency in an approved home for
					 the purpose of adoption.
"Adult" means any person 18 years of age or older.
"Annual" means within 13 months of the previous event or
					 occurrence.
"Applicant" means an individual or couple applying to be
					 approved as a resource, foster, adoptive, treatment foster, or short-term
					 foster family home provider.
"Background check" means a sworn statement or affirmation
					 disclosing whether the individual has a criminal conviction, is the subject of
					 any pending criminal charges within or outside the Commonwealth of Virginia and
					 is the subject of a founded complaint of abuse or neglect within or outside the
					 Commonwealth; criminal history record information; child abuse and neglect
					 central registry search; and any other requirement of 22VAC40-191, Background
					 Checks for Child Welfare Agencies, and §§
										63.2-1721 and
					 63.2-901.1 of the Code of
					 Virginia.
"Behavior support" means those principles and methods
					 employed by a provider to help a child or youth achieve positive behavior and
					 to address and correct a child's or youth's inappropriate behavior in a
					 constructive and safe manner in accordance with goals of the child's or youth's
					 service or treatment plan and the safety of the child or youth and
					 others.
"Birth parent" means the biological parent of a child and,
					 for the purposes of adoptive placement, means parents by previous
					 adoption.
"Caretaker" means any individual having the responsibility
					 of providing care for a child and includes the following:
(i) a parent or other person legally responsible for the
					 child's care;
(ii) any other person who has assumed caretaking
					 responsibility by virtue of an agreement with the legally responsible
					 person;
(iii) a person responsible by virtue of their position of
					 conferred authority; and
(iv) adult persons residing in the home with the
					 child.
"Career and technical education" means organized sequential
					 educational activities and courses that provide individuals with academic and
					 relevant technical knowledge and skills needed to prepare for further education
					 and careers in current or emerging professions.
"Case management" means an activity that assists
					 individuals eligible for Medicaid in gaining and coordinating access to
					 necessary care and services appropriate to his needs. Case management
					 activities are provided in treatment foster care.
"Casework" means provision of direct services or treatment
					 with an individual or several individuals, and intervention in the situation on
					 the client's behalf.
"Casework staff" means an individual hired to perform
					 casework services who has at least a baccalaureate degree with relevant
					 experience required in this chapter.
"Child" means any natural person younger than 18 years of
					 age.
"Child-placing activities" means the activities involved in
					 the placement of children in foster or adoptive family homes; and children or
					 youth in children's residential facilities or independent living arrangements.
					 The following activities and actions are integral components of a
					 Virginia-licensed child-placing program and when performed in Virginia, these
					 components are regulated under this chapter:
1. The provision of counseling to biological parents,
					 including assisting parents to formulate a plan for the care, placement, or
					 both of their child;
2. The acceptance of a child's custody for placement
					 purposes;
3. Assessing a child's service and placement needs;
4. Performing home studies;
5. Selecting and approving applicants for resource, foster,
					 treatment foster, or short-term foster care and adoption placements; and
					 approving independent living placements and services;
6. Matching a child with an approved family or licensed
					 children's residential facility;
7. Making a placement of a child in a resource, foster,
					 treatment foster, or short-term foster care home; an independent living
					 arrangement; or children's residential facility selected for that child;
8. Casework and supervision of children in foster care,
					 adoption and independent living, including counseling the child, the
					 biological, adoptive parents, or other persons; and consultation with foster
					 parents and agencies holding custody of the child; and
9. Providing documentation to finalize adoptions and
					 providing post-placement adoption and supervision services or making referrals
					 to appropriate resources for such services.
"Child-placing agency" means any person who places children
					 in foster homes, adoptive homes, or independent living arrangements pursuant to
					 §
										63.2-1819 of the Code of
					 Virginia; or a local board that places children in foster or adoptive homes
					 pursuant to §§
										63.2-900,
					 63.2-903, and
					 63.2-1221 of the Code of
					 Virginia. Officers, employees, or agents of the Commonwealth of Virginia or any
					 locality acting within the scope of their authority as such, who serve as or
					 maintain a child-placing agency, shall not be required to be licensed.
"Child's family" means the birth or adoptive parents, legal
					 guardians, or family to whom the child may return.
"Commissioner" means the Commissioner of the Department of
					 Social Services, his designee, or his authorized representative.
"Complaint" means an accusation that a facility that is
					 subject to licensure is operating without a license or that a licensed facility
					 is not in compliance with licensing standards or law.
"Corporal punishment" means punishment administered through
					 the intentional infliction of pain or discomfort to the body through (i)
					 actions such as, but not limited to, striking or hitting with any part of the
					 body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any
					 similar action that normally inflicts pain or discomfort.
"Department" means the State Department of Social
					 Services.
"Dual approval process" means a process that includes a
					 home-study, mutual selection, interviews, training, and background checks
					 completed on all applicants to be considered for approval as a resource,
					 foster, or adoptive family home provider.
"Emergency placement" means the placement of a child where
					 the local department of social services placing the child has within the past
					 72 hours removed the child from his home or previous placement due to abuse or
					 neglect or other emergency.
"Employee," "staff," or "staff person" means a person
					 working for the licensee who is compensated or has a financial interest in the
					 business of the licensee, regardless of role, service, age, function, or
					 duration of employment with the licensee. Employee, staff, or staff person also
					 includes persons hired through a contract to provide services for the
					 licensee.
"Foster care placement" means placement of a child through
					 (i) an agreement between the parents or guardians and the local board where the
					 legal custody remains with the parents or guardians or (ii) an entrustment or
					 commitment of the child to the local board or licensed child-placing
					 agency.
"Foster care services" means the provision of a full range
					 of casework, treatment, and community services, including independent living
					 services, for a planned period of time to a child who is abused or neglected as
					 defined in §
										63.2-100 of the Code of Virginia
					 or in need of services as defined in §
										16.1-228 of the Code of Virginia
					 and his family when the child (i) has been identified as needing services to
					 prevent or eliminate the need for foster care placement, (ii) has been placed
					 through an agreement between the local board of social services and the parents
					 or guardians where legal custody remains with the parents or guardians, or
					 (iii) has been committed or entrusted to a local board of social services or
					 licensed child-placing agency.
"Foster home" means the place of residence of any natural
					 person in which any child, other than a child by birth or adoption of such
					 person, resides as a member of the household.
"Foster parent" means an approved provider who gives
					 24-hour substitute family care, room and board, and services for children
					 committed or entrusted to a child-placing agency.
"Independent living arrangement" means the placement of a
					 child at least 16 years of age who is in the custody of a local board or
					 licensed child-placing agency and has been placed by the local board or
					 licensed child-placing agency in a living arrangement in which he does not have
					 daily substitute parental supervision.
"Independent living services" means services and activities
					 provided to a child in foster care 14 years of age or older who was committed
					 or entrusted to a local board of social services, child welfare agency, or
					 private child-placing agency. Independent living services may also include
					 services and activities provided to a person who was in foster care on his 18th
					 birthday and has not yet reached the age of 21 years. Such services shall
					 include counseling, education, housing, employment, money management skills
					 development, access to essential documents, and other appropriate services to
					 help children or youth and persons prepare for self-sufficiency.
"In-service training" means the on-going instruction
					 received by providers after they complete their pre-service training.
"Intercountry placement" means the arrangement for the care
					 of a child in an adoptive home or foster care placement into or out of the
					 Commonwealth by a licensed child-placing agency, court, or other entity
					 authorized to make such placements in accordance with the laws of the foreign
					 country under which it operates.
"Interstate Compact on the Placement of Children" means a
					 uniform law enacted by all 50 states, the District of Columbia, and the U.S.
					 Virgin Islands that establishes orderly procedures for the interstate placement
					 of children and sets responsibility for those involved in placing those
					 children.
"Licensee" means the individual, corporation, partnership,
					 association, limited liability company, trust, business trust, public entity,
					 or any other legal entity recognized by the Virginia State Corporation
					 Commission; local government; state agency, including any department,
					 institution, authority, instrumentality, board, or other administrative agency
					 of the Commonwealth; or other legal or commercial entity to whom the department
					 issues a license and who is legally responsible for compliance with the
					 regulations and statutory requirements related to the child-placing
					 agency.
"Licensing representative" means an agent authorized by the
					 commissioner to carry out the responsibilities and duties specified in Subtitle
					 IV (§§
										63.2-1700 et seq. and 63.2-1800
					 et seq.) of Title 63.2 of the Code of Virginia.
"Local board" means the local board of social services
					 representing one or more counties or cities.
"Local department" means the local department of social
					 services of any county or city in this Commonwealth.
"Mental abuse" means that which occurs when a caretaker
					 creates or inflicts, threatens to create or inflict, or allows to be created or
					 inflicted upon a child a mental injury by other than accidental means or
					 creates a substantial risk of impairment of mental functions.
"Mutual selection" means a method within the dual approval
					 process that encourages collaboration by and between both (i) the applicant
					 applying for approval as a resource, foster, adoptive, treatment foster, or
					 short-term foster home provider; and (ii) the child-placing agency that is
					 processing the application. It allows both parties the ability to gather
					 information necessary to make an informed decision about whether the applicant
					 has a continued interest in and would be ready to accept a child into his home
					 if it is determined that he meets all criteria to be an approved home provider.
					 The child-placing agency makes the final determination regarding approval or
					 disapproval of the applicant.
"Parent" means the birth or adoptive parent of a
					 child.
"Parental placement" means locating or effecting the
					 placement of a child or the placing of a child in a family home by the child's
					 parent or legal guardian for the purpose of foster care or adoption.
"Permanent entrustment agreement" means an agreement that
					 provides for the termination of all parental rights and responsibilities with
					 respect to the child to be placed for adoption.
"Permanent foster care placement" means the place in which
					 a child has been placed pursuant to the provisions of §§
										63.2-900,
					 63.2-903, and
					 63.2-908 of the Code of Virginia
					 with the expectation and agreement between the placing agency and the place of
					 permanent foster care that the child shall remain in the placement until he
					 reaches the age of majority unless modified by court order or unless removed
					 pursuant to §
										16.1-251 or
					 63.2-1517 of the Code of
					 Virginia. A permanent foster care placement may be a place of residence of any
					 natural persons deemed appropriate to meet a child's needs on a long-term
					 basis.
"Physical abuse" means abuse that occurs when a caretaker
					 creates or inflicts, threatens to create or inflict, or allows to be created or
					 inflicted upon a child a physical injury by other than accidental means or
					 creates a substantial risk of death, disfigurement, or impairment of bodily
					 functions.
"Physical neglect" means the failure to provide food,
					 clothing, shelter, or supervision for a child to the extent that the child's
					 health or safety is endangered. This also includes abandonment and situations
					 where the parent or caretaker's own incapacitating behavior or absence prevents
					 or severely limits the performing of child caring tasks pursuant to §
										63.2-100 of the Code of
					 Virginia.
"Physical restraint" means use of a physical intervention
					 or "hands-on" hold to prevent an individual from moving his body when that
					 individual's behavior places him or others at imminent risk.
"Placing agency" means the child-placing agency that placed
					 the child with the licensee.
"Pre-service training" means the instruction received by
					 providers during the initial approval process.
"Provider" means an individual approved as a resource,
					 foster, adoptive, treatment foster, or short-term foster parent or
					 family.
"Records" means the written information assembled in a file
					 relating to the child-placing agency; staff; volunteers; child; child's family;
					 and resource, foster, adoptive, treatment foster, and short-term foster family
					 home providers.
"Resource parent" means an approved provider who is
					 committed to support reunification and who is prepared to adopt the child if
					 the child and family do not reunify.
"Seclusion" means the involuntary placement of a child
					 alone in a locked room or secured area from which he is physically prevented
					 from leaving.
"Serious incident reports" means a written report detailing
					 the child's accidents or injuries that require medical attention beyond minor
					 first aid care, criminal activity, and incidents requiring police
					 intervention.
"Service plan" means a written document that describes the
					 programs, care, services, and other support that will be offered to the child
					 and his parents and other prior custodians pursuant to §
										16.1-281 of the Code of
					 Virginia.
"Sexual abuse" means any act of sexual exploitation or any
					 sexual act upon a child in violation of the law that is committed or allowed to
					 be committed by the child's parents or other persons responsible for the care
					 of the child pursuant to §
										63.2-100 of the Code of
					 Virginia.
"Short-term foster care" means a licensee-offered service
					 that is designed to provide crisis or alternate planned-support relief for up
					 to 30 consecutive calendar days to resource, foster, adoptive, or treatment
					 foster family home providers or biological families through substitute care
					 placement arrangements for children. The substitute-care placement environments
					 used shall be limited to provider home environments that have been
					 approved.
"Special needs" means
(i) a physical, mental, or emotional condition existing
					 prior to adoption;
(ii) hereditary tendency, congenital problem, or birth
					 injury leading to substantial risk of future disability; or
(iii) individual circumstances of the child related to age,
					 racial, or ethnic background or close relationship with one or more siblings. A
					 child with special needs is any child for whom it has been determined unlikely
					 that he will be adopted within a reasonable period of time due to one or more
					 of the factors described in clause (i), (ii), or (iii) of this definition and
					 the child is in the custody of a local board or licensed child-placing agency.
					 A special needs child includes children who have factors described in clause
					 (i) and (ii) of this definition present at the time of adoption but not
					 diagnosed until after entry of the final order of adoption and no more than one
					 year has elapsed.
"State Board" means the State Board of Social
					 Services.
"Treatment" is the coordinated provision of services and
					 use of professionally developed and supervised interventions designed to
					 produce a planned outcome in a person's behavior, attitude, emotional
					 functioning, or general condition.
"Treatment foster care" is a community-based program where
					 services are designed to address the special needs of children and families.
					 Services to children are delivered primarily by treatment foster parents who
					 are trained, supervised, and supported by child-placing agency staff. Treatment
					 is primarily foster family based and is planned and delivered by a treatment
					 team. Treatment foster care focuses on a continuity of services, is goal
					 directed and results oriented, and emphasizes permanency planning for the child
					 in care.
"Treatment foster parent" means a provider, approved by the
					 licensed or certified child-placing agency, who is trained to provide treatment
					 foster care services.
"Treatment team" means the group that provides mutual
					 support; evaluates treatment; and designs, implements, and revises the
					 treatment and service plan. Treatment team members are persons directly
					 involved with the child and shall, unless otherwise indicated, consist of the
					 child; professional child-placing agency staff; other professionals; the
					 child's family members, where appropriate; and the treatment foster
					 parents.
"Youth" means persons between the ages of 16 and 18 years
					 who are in foster care and persons between the ages of 18 to 21 years who are
					 former foster care children and are transitioning from foster care to
					 self-sufficiency.
Statutory Authority: §§
												63.2-217 and
						63.2-1734 of the Code of
						Virginia.