reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-20 - Describing background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The background checks covered by this regulation are:
1. Sworn statement or affirmation;
2. Criminal history record check;
3. National criminal background check;
				and
4. Central registry
				search.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-30 - Identifying the facilities that are not covered by this regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Children's
				residential facilities are not covered by this regulation.
B. Background check requirements for
				children's residential facilities, including child-caring institutions, are in
				§
									63.2-1726
				of the Code of Virginia.
Statutory Authority: §§ 63.2-217. 63.2-1732,
					 63.2-1733, and 63.2-1734 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-40 - Identifying who is covered by this regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This regulation applies to:
1. Licensed child-placing agencies;
2. Licensed independent foster homes;
				and
3. Foster and adoptive homes
				approved by child-placing agencies.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-50 - Explaining requirements for satisfactory background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				and registering and approving authorities must require documentation of
				satisfactory background checks for applicants, agents, employees, volunteers,
				and others living in foster and adoptive homes as specified in
				22VAC40-191-40.
1. A satisfactory sworn statement or
				affirmation is:
a. A fully completed statement
				that states that the person does not have an offense; and
b. There is no other knowledge that the
				individual has a disqualifying background check.
Criminal convictions include prior adult convictions and
				  juvenile convictions or adjudications of delinquency based on a crime that
				  would be a felony if committed by an adult within or outside the Commonwealth.
				  Convictions also include convictions in other states that are equivalent to
				  those specified in this section.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-60 - Explaining consequences of disqualifying background checks results

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants are
				denied licensure or approval when there are disqualifying background checks
				results for:
1. Applicants as a child welfare
				agency;
2. Agents at the time of
				application who are or will be involved in the day-to-day operations of the
				child welfare agency or who are or will be alone with, in control of, or
				supervising one or more of the children;
3. Any other adult, or any child aged 14 or
				older, living in a foster home, or in the home of adoptive parents, until the
				adoption is final; and
4.
				Prospective foster or adoptive parents approved by child-placing agencies.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-70 - Keeping background check records

Current through Register Vol. 40, No. 24, July 15, 2024
A. A facility must keep background check
				records at the location where the person is an applicant, agent, employee,
				contract employee, volunteer, other adult in the home, or is any other adult
				who is involved in the day-to-day operations of the facility or who is alone
				with, in control of, or supervising one or more children.
1. If a facility is among two or more owned
				by the same entity, the background check reports and findings may be kept at
				corporate headquarters or at the facility and must be made available to the
				department representative upon request.
2. If a facility is not the primary work
				place for a person, the facility may keep copies on site, if there is:
a. Documentation of the place where original
				background check records are kept; and
b. Copies of the sworn disclosure statement
				or affirmation, criminal history record report with a statement that the
				facility designee has viewed and verified the original, and the child
				protective services central registry check form must be kept on site.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-80 - Describing the waiver of criminal conviction

Current through Register Vol. 40, No. 24, July 15, 2024
The waiver of criminal conviction is the department's waiving
				  the consequences of a disqualifying criminal history record check only for
				  specific convictions.
Statutory Authority: §§ 63.2-217. 63.2-1732,
					 63.2-1733, and 63.2-1734 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-90 - Identifying who may apply for a waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who wants to operate or to
				volunteer or work at a facility covered by this regulation, but who is
				disqualified because of a criminal conviction pursuant to §§
									63.2-1720
				and
				63.2-1721
				of the Code of Virginia may apply in writing to the commissioner of the
				department for a waiver.
B. The
				commissioner may grant a waiver if:
1. A
				nonbarrier crime felony conviction occurred less than five years
				previously;
2. The commissioner
				determines that the person is of good moral character and reputation;
				and
3. The waiver would not
				adversely affect the safety and well-being of the children in the person's
				care.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-100 - Explaining waiver application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The person requests a waiver application
				package from the licensing office that serves the area where the person with
				the disqualifying background check wants to operate or volunteer or work at a
				facility covered by this regulation. The person sends the completed application
				and a waiver application fee made out to "Treasurer of Virginia" to the
				licensing office. The commissioner establishes the fee. It is identified in the
				application package.
B. The
				commissioner acknowledges, in writing, receipt of the application and notifies
				the requester and the sponsor whether the request appears to be
				complete.
Statutory Authority: §§ 63.2-217. 63.2-1732,
					 63.2-1733, and 63.2-1734 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-110 - Describing the contents of a waiver application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The waiver application is a personally
				prepared application.
B. The waiver
				application must be submitted in typewritten form or neatly printed and
				include:
1. A statement that the request was
				solely and personally prepared by the requester and has not been edited or
				changed by anyone else. The document may be typed by another person;
2. A statement that the requester understands
				that the waiver will be available for inspection by the public and that the
				facility will provide a copy of the waiver to every parent and guardian if the
				waiver is granted;
3. A statement
				that the requester understands that information in the waiver application
				package will be made available by the commissioner to any person upon request
				if the waiver is granted;
4.
				Personal and employment information;
5. A factual account of the crime of the
				person with the disqualifying conviction;
6. The current status and history with
				justice systems of the person with the disqualifying conviction;
7. Other information the person with the
				disqualifying background wants the commissioner to consider in evaluating the
				waiver request;
8. An explanation
				of why the waiver should be granted; and
9. Seven attachments:
a. A nonrefundable check, made payable to the
				"Treasurer of Virginia," for waiver application processing;
b. For the person with the disqualifying
				conviction:
(1) A "Current Employment and
				Employment History Form";
(2) A
				copy of the current sworn statement or affirmation;
(3) A copy of the current criminal history
				record report;
(4) A copy of all
				necessary documents verifying the person's statements regarding past and
				current involvement with adult or juvenile justice systems within or outside
				the Commonwealth;
(5) At least four
				references by disinterested individuals who will vouch for the "good moral
				character and reputation" of the person with the disqualifying
				conviction;
(6) The Sponsoring
				Agency Statement; and
(7) A
				notarized signature page.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-120 - Describing the waiver evaluation criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may delegate all aspects
				of processing and evaluating waiver requests, provided that responsibility for
				making the final decision may not be delegated below the level of a division
				director.
B. The final decision is
				based on the following:
1. The content of the
				waiver application package;
2. The
				nature of the conviction or convictions and relevance to decision criteria;
				and
3. The extent and pattern of
				criminal history or child abuse and neglect, including the person's age when
				the act occurred and how long ago the act occurred.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-130 - Describing the waiver decision notification process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner notifies the requester,
				or other adult if applicable, and the sponsor of his approval or denial in
				writing by certified mail.
B. Any
				approved waiver is for a specific person and a specific facility and must
				include:
1. Name of individual;
2. Name of facility;
3. Effective dates;
4. Terms, conditions, and stipulations, if
				any;
5. Criminal conviction for
				which the waiver was granted;
6.
				Date of criminal conviction;
7.
				Relevant court and location;
8.
				Sentence served; and
9. Signature
				of commissioner, or designee, and date.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-140 - Modifying, revoking, and terminating waivers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The person and the sponsoring agency may
				request a modification of any of the terms, conditions, or stipulations of a
				waiver.
B. The commissioner may
				revoke a waiver if, after investigation, he determines that:
1. The waiver application contained false,
				deceptive, or misleading information;
2. The terms, conditions, or stipulations of
				a waiver have been violated; or
3.
				New or expanded information becomes known about the person that would change
				the previous determination made about the person's character, reputation, or
				suitability to work with or be in proximity to children.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-150 - Explaining the waiver public notification requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification about waivers is conducted in
				accordance with agency policy.
B.
				The facility must post in a conspicuous place on the premises any waiver
				granted by the department.
C. The
				facility must notify in writing every parent and guardian of the children in
				its care of any waiver granted for its operators, employees, or
				volunteers.
Statutory Authority: §§ 63.2-217. 63.2-1732,
					 63.2-1733, and 63.2-1734 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 200 - FOSTER CARE - GUIDING PRINCIPLES [REPEALED] › Section 22VAC40-200-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§§ 63.2-217 and 63.2-319 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-20 - Foster care prevention services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local department shall first make
				reasonable efforts to keep the child in his home.
B. The local department shall make diligent
				efforts to locate and assess relatives or other alternative caregivers to
				support the child remaining in his home or as placement options if the child
				cannot safely remain in his home.
C. The local department shall provide
				services pursuant to § 63.2-905 of the Code of Virginia to the child and
				birth parents or custodians to prevent the need for foster care placement when
				the child is abused and neglected as defined in § 63.2-100 of the Code of
				Virginia or has been found to be a child in need of services as defined in
				§ 16.1-228 of the Code of Virginia by the court or as determined by the
				family assessment and planning team.
D. Any services available to a child in
				foster care shall also be available to a child and his birth parents or
				custodians to prevent foster care placement and shall be based on an assessment
				of the child's and birth parents' or custodians' needs.
E. Appropriate services shall be provided to
				prevent foster care placement or to stabilize the family situation provided the
				need for the service is documented in the local department's written plan or in
				the IFSP used in conjunction with accessing CSA funds.
F. Children at imminent risk of entry into
				foster care shall be evaluated by the local department as reasonable candidates
				for foster care based on federal regulations,
				45 CFR
				1356.60(c).
G. The local department shall develop a
				written plan for the implementation of wrap around services prior to removing a
				child from his home . As long as the risk of removal from the home continues,
				services shall be provided to address identified needs. In the event that the
				child can no longer be safely maintained in the home, the local department
				shall document why the support and services considered and provided were not
				sufficient to maintain the child in his home.
H. Prior to removing the child from the
				custody of his parents, the local department shall make diligent efforts to
				notify in writing all adult relatives that the child is being removed or is
				likely to be removed and explain the options to relatives to participate in the
				care and placement of the child including eligibility as a kinship foster
				parent and the services and supports that may be available for children placed
				in such a home.
Statutory Authority: §§ 63.2-217, 63.2-319, and
					 63.2-900 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-30 - Entering foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. A child
				enters foster care through a court commitment, entrustment agreement, or
				noncustodial foster care agreement.
B. The entrustment agreement shall specify
				the rights and obligations of the child, the birth parent or custodian, and the
				local department. Entrustments shall not be used for educational purposes, to
				make the child eligible for Medicaid, or to obtain mental health treatment.
1. Entrustment agreements that are not for
				the termination of parental rights may be revoked by the birth parent or
				custodian or local board prior to the court's approval of the
				agreement.
2. Entrustment
				agreements that terminate parental rights shall only be entered into when the
				birth parent and the local board, after counseling about alternatives to
				permanent relinquishment, agree that voluntary relinquishment of parental
				rights and placement of the child for adoption are in the child's best
				interests. When a local board enters into a permanent entrustment agreement,
				the child-placing agency shall make diligent efforts to ensure the timely
				finalization of the adoption.
3.
				Submission of a petition for approval of the entrustment agreement to the
				juvenile and domestic relations court shall be in accordance with §
				16.1-277.01 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-35 - Reentry into foster care from commitment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event the child was in the custody
				of the local board immediately prior to his commitment to the Department of
				Juvenile Justice (DJJ) and has not attained the age of 18 years, the local
				board shall resume custody upon the child's release from commitment, unless an
				alternative arrangement for the custody of the child has been made and
				communicated in writing to DJJ. At least 90 days prior to the child's release
				from commitment on parole supervision the local department shall consult with
				the court service unit on the child's return to the locality and collaborate to
				develop a foster care plan that prepares the child for successful transition
				back to the custody of the local department or to an alternative custody
				arrangement, if applicable. The plan shall identify services necessary for the
				transition and how the services are to be provided. If an alternative custody
				arrangement has been identified, such arrangement shall be described in the
				foster care plan to be considered and approved by the court. Any transfer of
				custody of the child must be by order of the court.
B. The foster care plan shall be submitted to
				the court for approval within 45 days of the child's reentry into foster care.
				Submission of a petition for approval of the foster care plan to the juvenile
				and domestic relations district court shall be made in accordance with §
									16.1-281 of the
				Code of Virginia.
Statutory Authority: §§
											63.2-217
					 and
					 63.2-319
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-50 - Initial foster care placement activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Information on every child in foster care
				shall be entered into the department's automated child welfare
				system.
B. The local department
				shall assess the child for Title IV-E eligibility. The local department shall
				also refer the child for all financial benefits to which the child may be
				eligible, including Child Support, SSI, other governmental benefits, and
				private resources.
C. The service
				worker shall ensure that the child receives a medical examination no later than
				30 days after initial placement. The child shall be provided a medical
				evaluation within 72 hours of initial placement if conditions indicate such an
				evaluation is necessary. If the child has not had a dental appointment in the
				past six months and it is developmentally appropriate, a dental appointment
				shall be scheduled as soon as possible.
D. In accordance with § 22.1-3.4 of the
				Code of Virginia, the local department shall collaborate with the appropriate
				local school division to ensure that the child remains in his previous school
				placement when it is a joint determination that it is in the best interests of
				the child. If remaining in the same school is not in the best interests of the
				child, the service worker shall enroll the child in an appropriate new school
				as soon as possible but no more than 72 hours after placement.
1. The child's desire to remain in his
				previous school setting shall be considered in making the decision about which
				school the child shall attend.
2.
				The service worker, in cooperation with the birth parents or prior custodians,
				foster care providers, and other involved adults, shall coordinate the school
				placement.
3. If remaining in the
				same school is jointly determined to be in the best interests of the child, the
				local department shall arrange for transportation for the child to remain in
				that school unless the child requires specialized transportation documented in
				the Individualized Education Program (IEP) for the child, which is funded by
				the responsible school division.
4.
				The local department shall document in writing the joint determination with the
				local school division of the child's best interest for school
				placement.
5. If the joint
				determination process cannot be completed prior to the placement in the new
				residence, the child will remain in the same school until the best interest
				determination is completed.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-60 - Assessment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Assessments
				shall be conducted in a manner that respectfully involves children and birth
				parents or prior custodians to give them an opportunity for shared decision
				making. Decision making shall include input from children, youth, birth parents
				or prior custodians, and other interested individuals. Assessments shall be
				used both in the establishment of foster care goals and also to inform service
				plans.
B. The initial foster care
				assessment shall be completed within timeframes developed by the department but
				shall not exceed 30 calendar days after acceptance of the child in a foster
				care placement.
C. When a child has
				been removed from his home as a result of abuse or neglect, the initial foster
				care assessment shall include a summary of the Child Protective Services'
				safety and risk assessments.
D. The
				history and circumstances of the child, the birth parents or prior custodians,
				or other interested individuals shall be assessed at the time of the initial
				foster care assessment to determine their service needs. The initial foster
				care assessment shall:
1. Include a
				comprehensive social history;
2.
				Utilize assessment tools designated by the department;
3. Be entered into the department's automated
				child welfare system; and
4.
				Include a description of how the child, youth, birth parents or prior
				custodians, and other interested individuals were involved in the decision
				making process.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-70 - Foster care goals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Foster
				care goals are established to assure permanency is achieved for the child.
				Permissible foster care goals are:
1. Transfer
				custody of the child to his prior family;
2. Transfer custody of the child to a
				relative other than his prior family;
3. Finalize adoption of the child;
4. Place the child in permanent foster
				care;
5. Transition to independent
				living if the child is admitted to the United States as a refugee or asylee or
				is 18 years of age or older; or
6.
				Place the child in another planned permanent living arrangement in accordance
				with § 16.1-282.1 A2 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-80 - Foster care plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				child in foster care longer than 45 days shall have a written foster care plan
				approved by the court within 60 days of entry into foster care. The foster care
				plan shall specify the permanency goal and the concurrent permanency goal and
				shall meet all requirements set forth in federal law or §
									16.1-282 of
				the Code of Virginia.
B. The foster
				care plan shall be written after the completion of the assessment. Foster care
				plans shall directly reference how the strengths identified in the foster care
				assessment will support the plan and the needs to be met to achieve the
				permanency goal, including the identified concurrent permanency goal, in a
				timely manner.
C. A plan for
				visitation with the birth parents or prior custodians and siblings for all
				children in foster care shall be developed and presented to the court as part
				of the foster care plan in accordance with §
									63.2-900.2
				of the Code of Virginia.
Statutory Authority: §§
											63.2-217
					 and
					 63.2-319
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-105 - Foster care for youth 18 to 21 years of age (Fostering Futures program)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Foster
				care services shall be provided to youth who turn 18 years of age while still
				in foster care on or after July 1, 2016, until they reach 21 years of age if
				they qualify and have chosen to participate in the Fostering Futures
				program.
B. Youth who qualify for
				the Fostering Futures program are those youth who (i) turn 18 years of age on
				or after July 1, 2016, and were in the custody of a local Virginia department
				of social services but have not yet turned 21 years of age, including those who
				were in foster care under an entrustment agreement and (ii) are:
1. Completing secondary education or an
				equivalent credential;
2. Enrolled
				in an institution that provides post-secondary or vocational
				education;
3. Participating in a
				program or activity designed to promote employment or remove barriers to
				employment;
4. Employed at least 80
				hours a month; or
5. Are incapable
				of doing any of the activities described in subdivisions 1 through 4 of this
				subsection due to a medical condition, which incapability is supported by
				regularly updated information in the program participant's case plan.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-110 - Court hearings and case reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A. For all court hearings, local departments
				shall:
1. Facilitate a meeting prior to the
				development of the foster care service plan and foster care service plan review
				to ensure participation and consider input from the child, the birth parents or
				prior custodians, the foster or adoptive parents, relatives and fictive kin who
				are interested in the child's welfare, and any other interested individuals,
				who may include service providers, in the development of the service plan and
				service plan review. All youth 12 years of age and older shall be given the
				opportunity to choose up to two people to attend the meeting who are not the
				foster parent or caseworker. All of these persons shall be involved in sharing
				information for the purposes of well-informed decisions and planning for the
				child with a focus on safety and permanence.
2. File petitions in accordance with
				subsection L of this section and the requirements for the type of
				hearing.
3. Obtain and consider the
				child's input as to who should be included in the court hearing. If persons
				identified by the child will not be included in the court hearing, the service
				worker shall explain the reasons to the child for such a decision consistent
				with the child's developmental and psychological status.
4. Inform the court of reasonable efforts
				made to achieve concurrent permanency goals.
5. Document the appropriateness of the
				placement, including the continued appropriateness of an out-of-state placement
				if applicable.
6. Ensure the child
				or youth is present for the permanency planning hearing unless the court
				determines this not to be in the child's best interest.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-115 - Foster care appeal process

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any individual whose claim for benefits available pursuant to 42 USC § 670
				et seq. or whose claim for benefits pursuant to § 63.2-905 of the Code of
				Virginia is denied or is not acted upon by the local department with reasonable
				promptness shall have a right to appeal to the commissioner.
B. A hearing need not be granted when either
				state or federal law requires automatic maintenance payment adjustments for
				classes of recipients unless the reason for an individual appeal is incorrect
				maintenance amount computation.
C.
				Placement decisions of local boards are final when in accordance with the
				relevant provisions of Title 16.1 of the Code of Virginia. However, in
				accordance with 42 USC
				§
										671(a)(23), a hearing
				shall be granted for the denial or delay in placement of a child for adoption
				when an approved family is outside the locality with the legal custody of the
				child.
D. The hearing shall be
				face-to-face or, at the option of the commissioner or his designee, a hearing
				by telephone may be held if the individual agrees. The individual shall be
				afforded all rights as specified in this section, whether the hearing is
				face-to-face or by telephone.
E.
				The local department shall inform an individual in writing of the right to
				appeal the denial of a benefit or the delay of a decision regarding a benefit
				under this section at the time the applicable plan is written and at the time
				of any action affecting claim for benefit. This shall include a written notice
				to the birth parents or caretaker at the time a child comes into foster care, a
				written notice to the guardian ad litem, and written notice to foster parents
				at the time the foster care agreement is signed. The notice shall include:
1. The right to a hearing;
2. The method by which the individual may
				obtain a hearing; and
3. That the
				individual may be represented by an authorized representative, such as legal
				counsel, relative, friend, or other spokesman, or he may represent
				himself.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-120 - Funding

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local
				department is responsible for establishing a foster child's eligibility for
				federal, state, or other funding sources and making required payments from such
				sources. Local departments shall seek state pool funds for a child's
				maintenance and service needs when other funding sources are not
				available.
B. The assessment and
				provision of services to the child and birth parents or prior custodians shall
				be made without regard to the funding source.
C. The child's eligibility for Title IV-E
				funding shall be redetermined upon a change in situationand in accordance with
				federal Title IV-E eligibility requirements.
D. The service worker is responsible for
				providing the eligibility worker information required for the annual
				redetermination of Medicaid eligibility and information related to changes in
				the child's situation.
Statutory Authority: §§ 63.2-217, 63.2-319, and
					 63.2-900 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-130 - Closing the foster care case

Current through Register Vol. 40, No. 24, July 15, 2024
A. Foster care cases are closed or
				transferred to another service category under the following circumstances:
1. When the foster care child turns 18 years
				of age and objects to continuing to receive foster care services for which he
				is eligible;
2. When the court
				releases the child from the local department's custody prior to the age of 18
				years;
3. When a temporary
				entrustment or noncustodial agreement has expired, been revoked, or been
				terminated by the court;
4. When
				the foster care child is committed to the Department of Juvenile Justice;
				or
5. When the final order of
				adoption is issued.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-140 - Other foster care requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to § 63.2-908 of the Code of
				Virginia, a foster parent may consent to a marriage or entry into the military
				if the child has been placed with him through a permanent foster care agreement
				that has been approved by the court.
B. An employee of a local department,
				including a relative, cannot serve as a foster, adoptive, or licensed
				child-placing agency parent for a child in the custody of that local
				department. In the event it is in the child's best interest that a local
				employee be the foster parent, the child's custody may be transferred to
				another local department.
C. The
				child of a foster child remains the responsibility of his parent, unless
				custody has been removed by the court.
1. The
				child is not subject to requirements for foster care plans, reviews, or
				hearings. However, the needs and safety of the child shall be considered and
				documented in the foster care plan for the foster child (parent).
2. The child is eligible for maintenance
				payments in accordance with
				42
				USC §
											675(4)(B) and
				Medicaid in accordance with
				42 USC §
											672(h).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-145 - Foster care complaint system

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of a complaint from a
				constituent regarding a foster care case, the department will investigate such
				complaint by conducting a review of case documentation, foster care policy, and
				state and federal code, and gather information from the constituent, local
				department, and other collaterals as needed.
B. The department shall provide the
				constituent a resolution to the constituent's concern that includes the methods
				used to assess the concern and a response to the concern. This resolution will
				be provided via the communication method of the constituent.
C. All information received or maintained by
				the department in connection with such reports, complaints, or investigations
				shall be confidential and not subject to the Virginia Freedom of Information
				Act (§ 2.2-3700 et seq. of the Code of Virginia), except that such
				information may be relayed and used on a confidential basis for the purposes of
				investigation and to protect the health, safety, and well-being of children in
				foster care.
Statutory Authority: §§ 63.2-217 and 63.2-319 of
					 the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-150 - Adoption Resource Exchange of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Adoption Resource Exchange of Virginia
				(AREVA) is a service offered by the department that connects families with
				children who are available for adoption within the Commonwealth of Virginia.
				AREVA is one tool used to help local departments reach the federal goal of
				permanency within 24 months specified in § 471 of the Title IV-E of the
				Social Security Act ( 42 USC
				§
										671 ) and the requirement of §
				16.1-283 F of the Code of Virginia to file reports to the court on progress
				towards adoption. The purpose of AREVA is to increase opportunities for
				children waiting to be adopted by providing services to child-placing agencies
				having custody of these children. The services provided by AREVA include :
1. Maintaining a registry of children
				awaiting adoption and a registry of approved parents waiting to
				adopt;
2. Preparing and posting an
				electronic photo-listing of children awaiting adoption and a photo-listing of
				parents awaiting placement of a child ;
3. Providing information and referral
				services for children who have special needs to link child-placing agencies
				with other adoption resources;
4.
				Providing ongoing targeted and child-specific recruitment efforts for waiting
				children;
5. Providing consultation
				and technical assistance on child-specific recruitment to child-placing
				agencies for waiting children; and
6. Monitoring local departments' compliance
				with legal requirements, guidance, and policy on registering children and
				parents.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-160

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 63.2-217, 63.2-319, and
					 63.2-900 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-161 - Adoption assistance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				purpose of adoption assistance is to facilitate adoptive placements and ensure
				permanency for children with special needs.
B. For a child to be eligible for adoption
				assistance he must have been determined to be a child with special needs in
				accordance with §§
									63.2-1300
				and
				63.2-1301
				of the Code of Virginia and meet the following criteria:
1. Be younger than 18 years of age and meet
				the requirements set forth in § 473 of Title IV-E of the Social Security
				Act (
				42 USC §
											673 ); or
2. Be younger than 18 years of age and in the
				placement and care of a child-placing agency at the time the petition for
				adoption is filed and be placed by the child-placing agency with the
				prospective adoptive parents for the purpose of adoption, except for those
				situations in which the foster parents have filed a petition for adoption under
				§
										63.2-1229
				of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-165 - Kinship Guardianship Assistance Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The purpose of the Kinship Guardianship
				Assistance Program is to facilitate placements with relatives and ensure
				permanency for children for whom adoption or reunification are not appropriate
				permanency options.
B. A child is
				eligible for the Kinship Guardianship Assistance Program if:
1. The child has been removed from the
				child's home pursuant to a voluntary placement agreement or as a result of a
				judicial determination that continuation in the home would be contrary to the
				welfare of the child;
2. The child
				was eligible for foster care maintenance payments under
				42 USC §
											672 or under state law while residing for at
				least six consecutive months in the home of the prospective kinship
				guardian;
3. Reunification or
				adoption are not appropriate permanency options for the child;
4. The child demonstrates a strong attachment
				to the prospective kinship guardian, and the prospective kinship guardian has a
				strong commitment to caring permanently for the child; and
5. The child has been consulted regarding the
				kinship guardianship if the child is 14 years of age or older.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-170 - Child-placing agency's responsibilities in nonagency adoptive placements

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the request
				of the juvenile court, the child-placing agency shall:
1. Conduct a home study of the prospective
				adoptive home taking into consideration that the manner in which a family
				receives a child for adoption shall have no bearing on how the family is to be
				assessed for purposes of adoptive placement; and
2. Provide the court with a written report of
				the home study.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-180 - Fees for court services

Current through Register Vol. 40, No. 24, July 15, 2024
The local department shall charge fees for the following
				  court ordered services:
(i) custody
				investigations;
(ii) adoption
				searches;
(iii) nonagency placement
				adoptions, investigation and reports; and
(iv) visitation and reports. The process for
				determining and collecting such fees shall be in accordance with guidance
				developed by the department.
Statutory Authority
§§ 63.2-217 and 63.2-900 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-190 - Virginia Birth Father Registry

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				shall establish and maintain a putative father registry that is a confidential
				database.
B. A search of the
				Virginia Birth Father Registry shall be conducted for all adoptions except when
				the child has been adopted according to the laws of a foreign country or when
				the child was placed in Virginia from a foreign country for the purpose of
				adoption in accordance with § 63.2-1104 of the Code of Virginia.
C. Any petitioner who files a petition for
				termination of parental rights or for an adoption proceeding shall request a
				search of the Virginia Birth Father Registry. The certificate of search and
				finding must be filed with the court before an adoption or termination of
				parental rights proceeding can be concluded.
D. Any man who desires to be notified of an
				adoption proceeding or termination of parental rights regarding a child that he
				may have fathered shall register with the Virginia Birth Father
				Registry.
E. A registration is
				timely when it is received by the department within:
1. 10 days of the child's birth, unless
				written notice has been provided prior to the child's birth and the time period
				for registration under subsection 2 of this subsection applies or discovery of
				a misrepresentation has occurred and the time period for registration under
				subsection 3 of this subsection applies;
2. 10 days of the date of personal service of
				the written notice required under subsection F of § 63.2-1250 or within 13
				days of the date of such written notice when sent by certified mail with proof
				of service or express mail with proof of delivery, whichever occurs first;
				or
3. 10 days upon the registrant's
				discovery of misrepresentation by the birth mother that led him to believe that
				(i) the pregnancy was terminated or the mother miscarried when in fact the baby
				was born or (ii) the child died when in fact the child is alive. However,
				registration within 10 days of discovery of such misrepresentations shall be
				considered untimely if 180 days have elapsed from the date the circuit court
				entered the final order of adoption.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Section 22VAC40-201-200 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local department
				service workers and supervisory staff shall attend and complete initial
				in-service training in accordance with §§ 63.2-913 and 63.2-1200.1 of
				the Code of Virginia.
B. Local
				department service workers and supervisory staff shall attend and complete
				annual in-service training in accordance with guidance developed by the
				department.
Statutory Authority: §§ 63.2-217, 63.2-319, and
					 63.2-900 of the Code of Virginia.