reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VI - Children's Services › Section 22VAC40-131-360 - Discharge from care

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  the child's discharge from care, the licensee shall formulate and document
				  recommendations for aftercare services for the child and share those
				  recommendations with the placing agency and parents, where appropriate. If
				  recommendations were not shared with the child's parents, the licensee shall
				  document the reasons in the child's file.
B. Prior to the planned discharge date, each
				  child's file shall contain documentation that the child's discharge was planned
				  and discussed with the placing agency, the child, the child's parents or
				  guardian, and the members of the child's treatment team, if
				  applicable.
C. Children in the
				  legal custody of the local department of social services or private
				  child-placing agency shall not be discharged by the licensee until the licensee
				  has consulted with and notified the legal custodians of the plans for
				  discharge. The licensee shall document in the child's file the names of the
				  persons consulted and to whom notifications were provided, each date of
				  occurrence, and a summary of each discussion.
D. Children shall be discharged only to the
				  agency, parent, or guardian holding legal custody of the child. Youth 18 years
				  of age and older shall be discharged to their own responsibility unless a court
				  of competent jurisdiction has appointed a legal guardian to represent the
				  youth.
E. No later than 30 days
				  after the date of discharge, the licensee shall develop and place a
				  comprehensive discharge summary in the child's file. The summary shall address:
1. Date of discharge;
2. Reason or reasons for discharge;
3. Name of the individual with whom the child
				  was placed or to whom he was discharged;
4. Description of services provided to the
				  child;
5. Summary of the child's
				  progress toward meeting his goals and objectives, and as applicable for youth
				  placed in independent living arrangements, the progress toward achieving life
				  skills goals; and
6. Written
				  recommendations for aftercare services including the nature, recommended
				  frequency, and duration of services to be provided to the child and the child's
				  family.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VI - Children's Services › Section 22VAC40-131-370 - Case record requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The licensee shall maintain a separate organized case file for each child, the
				  child's birth parents, and each approved home provider and in addition for
				  adoption cases, a separate organized file for the adoptive family. The case
				  file may be electronic.
B. Each use
				  of electronic records, files, or signatures shall comply with the provisions of
				  the Uniform Electronic Transactions Act, §§ 59.1-479 through 59.1-497
				  of the Code of Virginia.
C. In
				  addition to the requirements in the Uniform Electronic Transaction Act, the use
				  of electronic signatures shall be deemed to constitute a signature and have the
				  same effect as a written signature on a document as long as the licensee:
1. Develops, implements, and maintains
				  specific policies and procedures for the use of electronic
				  signatures;
2. Ensures that each
				  electronic signature identifies the individual signing the document by name and
				  title;
3. Assures that the
				  documentation cannot be altered after signature has been affixed;
4. Assures that access to the code or key
				  sequence is limited;
5. Assures
				  that all users have signed statements that they alone have access to and use
				  the key or computer password for their signature and will not share their key
				  or password with others; and
6.
				  Provides for nonrepudiation that is strong and substantial to make it difficult
				  for either party to claim that the electronic representation is not
				  valid.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VI - Children's Services › Section 22VAC40-131-380 - Behavior support and crisis intervention

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licensees shall train and encourage foster
				  parents to use positive behavioral support techniques that emphasize principals
				  and methods to help a child achieve desired behavior and correct inappropriate
				  behavior in a constructive and safe manner.
B. Licensees that prohibit the use of
				  physical restraint shall develop a written policy prohibiting the use. The
				  licensee shall document that foster care parents have been informed of the
				  prohibition.
C. Licensees that
				  permit the use of physical restraint shall require that:
1. Other methods of crisis intervention and
				  behavior support are used prior to the use of physical restraint;
2. Physical restraint is limited to that
				  which is minimally necessary to protect the child or others from
				  injury;
3. The use of physical
				  restraint is used as a part of a planned therapeutic intervention defined in
				  the child's service or treatment plan or both;
4. Only designated professional staff and
				  foster parents trained in licensee-approved less intrusive interventions and
				  physical restraint techniques implement the interventions and techniques;
				  and
5. Foster care parents complete
				  and submit a report to the licensee documenting each use of physical restraint
				  implemented with a child. Each report shall be made within a timeframe
				  established by the licensee, documented on a format required by the licensee,
				  and address the following elements:
a. The
				  reason for the restraint;
b. A
				  description of all other behavior support techniques attempted prior to the use
				  of physical restraint;
c. A
				  description of the physical hold used during the restraint;
d. The duration of the physical
				  restraint;
e. The outcome or
				  child's response to the physical restraint; and
f. Any known injuries occurring as a result
				  of the restraint including any injuries reported by the child.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article I - Permanent Foster Care › Section 22VAC40-131-390 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to applicability requirements specified by
						22VAC40-131-20, programs licensed
						to provide permanent foster care services shall also comply with the
						requirements of this article.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article I - Permanent Foster Care › Section 22VAC40-131-400 - Children placed in permanent foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. For a child placed in a permanent foster
					 care placement, the licensee shall comply with the provisions of §
					 63.2-908 of the Code of Virginia.
B. The licensee shall have the authority to
					 place a child in a permanent foster care placement under the following
					 conditions:
1. Pursuant to a court
					 order;
2. Legal custody of the
					 child is retained by the licensee;
3. The placement is appropriate to meet the
					 needs of the child; and
4. A
					 written permanent foster care agreement signed by the licensee and the foster
					 care parent documents the understanding and expectation the child will remain
					 in the placement:
a. Until he reaches 18 years
					 of age unless the court modifies the order or the child is removed from the
					 foster home pursuant to § 16.1-251 or 63.2-1517 of the Code of Virginia;
					 or
b. If he is between the ages of
					 18 and 21; participates in an educational, treatment or training program
					 approved pursuant to regulations of the State Board; and his permanent foster
					 care placement is a requisite to funds being provided for his care.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 2 - Short-term Foster Care › Section 22VAC40-131-410 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to applicability requirements specified by
						22VAC40-131-20, programs licensed
						to provide short-term foster care services shall also comply with the
						requirements of this article.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 2 - Short-term Foster Care › Section 22VAC40-131-420 - Children placed in short-term foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee shall allow foster parents
					 access to alternate planned and crisis foster care for their foster
					 children.
B. Foster children in
					 need of alternate planned or crisis foster care services shall only be placed
					 in a home that has:
1. Been approved by a
					 Virginia child-placing agency as a provider for the receiving of placed
					 children; and
2. Received training
					 as required by this chapter.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 3 - Independent Living Arrangements › Section 22VAC40-131-430 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to applicability requirements specified by
						22VAC40-131-20, programs licensed
						to provide independent living arrangements shall also comply with the
						requirements of this article.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 4 - Treatment Foster Care › Section 22VAC40-131-450 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to applicability requirements specified by
						22VAC40-131-20, programs licensed
						to provide treatment foster care services shall also comply with the
						requirements of this article.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 4 - Treatment Foster Care › Section 22VAC40-131-460 - Children placed in treatment foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to be licensed or certified as a
					 child-placing agency providing treatment foster care services in Virginia, the
					 licensee shall meet the requirements of this chapter.
B. In addition to the program description
					 requirements specified in
					 22VAC40-131-170, the licensee
					 shall provide a comprehensive description of:
1. The treatment philosophy of the
					 licensee;
2. Specific treatment
					 techniques the licensee plans to use with children and families;
3. Specific behavior management strategies
					 the licensee will allow foster parents to use with placed children;
					 and
4. The staffing pattern that:
a. Provides for the intensity of services
					 required in treatment foster care;
b. Describes the treatment team, treatment
					 plans, and credentials of professional staff responsible for treatment
					 services;
c. Provides for at least
					 one full-time professional staff or part-time staff whose hours are equivalent
					 to a full-time position; and
d.
					 Designates a qualified individual responsible for overseeing the
					 program.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-470 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to applicability requirements specified by
						22VAC40-131-20, programs licensed
						to provide adoption services shall also comply with the requirements of this
						article.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-480 - Fees for adoption applications and services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to initiating the home study, the
					 licensee shall make full disclosure of fee charges to adoptive home
					 applicants.
B. Each applicant shall
					 be given a written fee explanation that addresses the following:
1. The amount the applicant must pay and when
					 and how the payments are to be made;
2. How the amount is determined and what
					 services the fees cover; and
3. The
					 refund policy of the licensee.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-490 - Adoption counseling and services for birth parents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except in the case of intercountry
					 adoption, the licensee who holds custody of a child shall offer counseling
					 services to the birth mother, or if reasonably available, to both birth parents
					 contemplating the placement of their child for adoption. The counseling
					 services shall include a discussion about:
1.
					 The parent's decision to place the child was not made under duress and to
					 ensure the decision to place the child is a firm decision;
2. The impact of such a decision;
3. The reasons for contemplating the decision
					 to place the child for adoption; and
4. Alternatives to adoption including:
a. Services available to assist the family in
					 staying together, if staying together is in the best interests of both the
					 child and family;
b. Foster care
					 for the child; and
c. The child's
					 placement with relatives.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-495 - Post-adoption contact and communication agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless parental rights of the birth
					 parents have been terminated, the licensee may inform the birth parents and
					 shall inform the adoptive parents that they may enter into a written
					 post-adoption contact and communication agreement as described in §
											63.2-1220.2
					 of the Code of Virginia.
B. The
					 licensee shall inform the child if the child is 14 years of age or older, that
					 he may consent to a post-adoption contact and communication agreement as
					 described in §
											63.2-1220.2
					 of the Code of Virginia.
C. When a
					 child's birth parents and the prospective adoptive parents have entered into a
					 written post-adoption contact and communication agreement, and the child age 14
					 years or older has given consent, the licensee shall:
1. Review the written post-adoption contact
					 and communication agreement; and
2.
					 Provide to the court the licensee's written recommendation indicating whether:
a. The post-adoption contact and
					 communication agreement represents the best interests of the child;
					 and
b. The licensee recommends
					 approval of the agreement.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-500 - Involuntary termination of parental rights

Current through Register Vol. 40, No. 24, July 15, 2024
When it is necessary to petition the court to terminate
						parental rights, the licensee shall follow the requirements of § 16.1-283
						of the Code of Virginia and any other necessary legal requirements to achieve
						the involuntary termination of parental rights.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-510 - Provisions for adopting children with special needs

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee shall collaborate and work
					 cooperatively with the local department to ensure that children with special
					 needs, as defined by § 63.2-1300 of the Code of Virginia, who are legally
					 free for adoption are registered with the Adoption Resource Exchange of
					 Virginia within 30 days of termination of parental rights unless an adoptive
					 placement agreement has been signed. The licensee holding custody shall ensure
					 that the child is registered.
B.
					 The licensee shall ensure that prospective adoptive families who will accept
					 children with special needs are registered with the Adoption Resource Exchange
					 of Virginia within 30 days of approval unless an adoptive placement agreement
					 has been signed.
C. The licensee
					 shall assist and work with the appropriate local department of social services
					 to gather documentation and complete necessary applications for securing
					 adoption assistance payments for the child.
D. The licensee shall ensure that necessary
					 and appropriate services and treatment are provided to children with special
					 needs, pursuant to Chapter 13 (§ 63.2-1300 et seq.) of Title 63.2 of the
					 Code of Virginia.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-520 - Selecting an adoptive home

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Siblings shall be placed together unless it clearly is not in the best
					 interests of the children. If siblings are not placed together, the reasons for
					 separation shall be documented in the file of each sibling.
B. Relatives and foster parents shall be
					 considered primary adoptive resources when adoption is considered to be in the
					 best interests of the child.
C. The
					 licensee shall consider the following when selecting an adoptive home for a
					 child:
1. The child's concerns about adoption,
					 for children over one year of age;
2. The ages of the adoptive parents in
					 relation to the age of the child; and
3. The child's best interests.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-530 - Adoption placement agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The licensee who holds custody of a child shall at the time of placement of the
					 child enter into a written agreement for placement with the prospective
					 adoptive family.
B. The placement
					 agreement shall remain in effect until final order of adoption is entered by
					 the court or until the placement ends or disrupts.
C. The adoption placement agreement shall
					 include:
1. The requirements of the foster
					 care agreement specified in
					 22VAC40-131-280 B and C;
2. A statement that the licensee maintains
					 the legal responsibility to protect the best interests of the child and that
					 the licensee may, with the sanction of the court, remove the child from the
					 prospective adoptive home when removal is determined to be in the best
					 interests of the child;
3. A
					 listing of licensee's responsibilities until the final order of adoption is
					 entered by the court;
4. A listing
					 of the prospective adoptive family's responsibilities the adoptive family will
					 maintain until the final order of adoption is entered by the court;
					 and
5. A statement of services the
					 licensee will provide to the family after the final order is entered, if any
					 services have been agreed upon.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-540 - Placements requiring legal risk agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee shall require the prospective
					 adoptive parents to sign and date a written statement acknowledging awareness
					 that the valid entrustment agreement may be revoked by either birth parent
					 until:
1. The placed child has reached the age
					 specified in § 63.2-1223 of the Code of Virginia; and
2. The number of days specified in §
					 63.2-1223 of the Code of Virginia have elapsed since the execution of the valid
					 entrustment agreement.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-550 - Adoptive placement of children over one year of age; additional provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
					 in intercountry adoptions, the licensee shall prepare a child for adoptive
					 placement by involving him in adoption planning, considering his individual
					 needs and concerns, and providing information in a manner the child can
					 understand.
B. The licensee shall
					 document in the child's file the services and contacts provided to the child
					 for adoption preparation including:
1.
					 Discussion about the child's feelings about adoption and identification of
					 indicators that he is ready for the adoptive placement;
2. Discussion regarding the reason he cannot
					 be returned to his birth parents;
3. Discussion about relationships with his
					 social worker, foster family, and prospective adoptive parents;
4. Preplacement visits in his prospective
					 adoptive home. The number of visits shall be determined by the needs of the
					 child and the adoptive family;
5.
					 Efforts to obtain photographs of the child from birth through his current
					 age;
6. The licensee's preparation
					 of a life book for the child;
7.
					 Assessment and services related to the child's attachment and issues of
					 attachment;
8. Assessment of the
					 child's needs for contacts with prior caretakers and birth relatives, including
					 siblings; and
9. Preparation of the
					 adoptive family to receive the child, including expected behaviors and the
					 life-long impact of the child's history.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-560 - Parental placement adoption services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licensees who provide parental placement
					 services shall follow the provisions of §§ 63.2-1230 through
					 63.2-1240 of the Code of Virginia and policy approved by the state
					 board.
B. In conducting the home
					 study of the prospective adoptive parents, the licensee shall comply with
					 22VAC40-131-180 and any other
					 requirements specified by the court. The home study shall contain the
					 licensee's recommendation regarding the suitability of the placement.
C. During the home study process, the
					 licensee shall meet at least one time with the birth parents and at least one
					 time with the prospective adoptive parents. The licensee shall obtain the
					 agreement of both parties prior to holding simultaneous meetings.
D. The licensee shall ensure that the birth
					 parents and prospective adoptive parents have exchanged identifying information
					 including full names; addresses; physical, mental, social, and psychological
					 information; and any other information useful in promoting the welfare of the
					 child, unless both parties have agreed in writing to waive the disclosure of
					 full names and addresses.
E. During
					 the meeting with the birth parents, the licensee shall determine that the
					 consent for adoption is informed and not coerced.
F. The licensee shall document in the file
					 that the birth parents are aware of:
1.
					 Alternatives to adoption;
2.
					 Adoption procedures; and
3.
					 Opportunities for placement with other adoptive families.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-570 - Parent-recommended homes for adoptive placements

Current through Register Vol. 40, No. 24, July 15, 2024
When the licensee accepts custody of a child for the
						purpose of placing the child with adoptive parents recommended by the birth
						parents or a person other than a licensed child-placing agency or local board,
						the licensee shall:
1. Provide to the
					 birth parents information about the provisions of parental placement adoption
					 and child-placing agency adoption placements;
2. Allow the informed birth parents to elect
					 which placement provision described in subdivision 1 of this section they
					 desire to apply to their case;
3.
					 Provide the birth parents the opportunity to be represented by independent
					 legal counsel; and
4. Provide the
					 birth parents the opportunity for counseling with a social worker.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-590 - Intercountry placement adoptions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 A licensee who provides assistance to families in arranging placements of
					 children from foreign countries and who works directly with agencies or
					 resources in other countries shall comply with the provisions of this
					 section.
B. The licensee shall make
					 available to its staff and to applicants written information about Virginia's
					 pre-adoptive requirements for intercountry placements and assist the family in
					 determining when these requirements are applicable.
C. The licensee shall make available to its
					 staff and to applicants written information about the requirements of the
					 United States Citizenship and Immigration Services.
D. The licensee shall share directly with the
					 adoptive applicants all available medical, developmental, and social history
					 about the child, the birth family, and extended family, including the child's
					 placement history.
E. The licensee
					 shall request that the adoptive applicants share available information about
					 the child with the licensee when the applicants directly receive medical,
					 developmental, social history, and other information learned about the child,
					 the birth family, and extended family, including the child's placement history.
					 The licensee shall document in the child's file that this request was
					 made.
F. Documentation required by
					 this section shall be filed as follows:
1. In
					 the child's file when the licensee has received custody; or
2. In a separate section of the adoptive
					 applicant's file when the adoptive applicants have received guardianship;
					 and
3. In the adoptive applicant's
					 file when a final decree of adoption has been issued.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-600 - Interlocutory orders of adoption

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 If the licensee holds legal custody of the child, the licensee shall file with
					 the court its written consent to an interlocutory order for the proposed
					 adoption.
1. The written consent shall be
					 filed with the petition to the court; and
2. The consent shall be signed under oath and
					 acknowledged before an officer by law to take acknowledgements.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Section 22VAC40-131-610 - Subsequent adoptive placements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 When home providers who were approved for adoptive placements request
					 additional adoptive placements, the licensee shall evaluate the home based on
					 the initial home study requirements as specified by
					 22VAC40-131-180.
B. If the licensee conducted the original
					 home study, the licensee shall conduct two additional visits, one face-to-face
					 interview in the home or office and one face-to-face interview in the home with
					 all current household members living in the home present at the time of the
					 interview.
C. If the original home
					 study was conducted by another child-placing agency:
1. The adoptive applicants shall complete the
					 orientation and training required by
					 22VAC40-131-210;
2. If the licensee has a copy of the original
					 home study for the applicants, two face-to-face interviews shall be made. If
					 the original home study is not available, a minimum of three face-to-face
					 interviews are required; and
3. The
					 home study shall comply with the requirements of this chapter for the initial
					 adoptive home study.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 131 - STANDARDS FOR LICENSED CHILD-PLACING AGENCIES › Part VII - Additional Requirements for Specific Programs › Article 5 - Adoption › Form - FORMS (22VAC40-131)

Current through Register Vol. 40, No. 24, July 15, 2024
Record
						Retention and Disposition Schedule General Schedule No. 15 - County and
						Municipal Governments Social Services Records, Library of Virginia (eff.
						5/10)
.
Report
						of Tuberculosis Screening (Clearance Letter for Negative Screen), Virginia
						Department of Health, Form 1
.
Report
						of Tuberculosis Screening (Report of TST/X-ray Results), Virginia Department of
						Health, Form 2
.
TB
						Risk Assessment, Virginia Department of Health, Form TB 512 (eff.
						2/05)
.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part I - Definitions and Authority › Section 22VAC40-141-20 - Legal authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  licensed independent foster parent is permitted by law to accept children for
				  care who are entrusted to the provider by the parents or legal guardians or
				  whose parents have signed a placing agreement authorizing the child's temporary
				  placement in the independent foster home. A temporary entrustment agreement
				  transfers custody of the child from the parents or legal guardians to the
				  independent foster parents. A placing agreement authorizes the child's
				  placement in the independent foster home while allowing the parents or
				  guardians to maintain legal custody.
B. The local juvenile and domestic relations
				  court must approve the temporary entrustment agreement if the child is to
				  remain in the placement for more than 90 days.
C. Individuals are exempt from licensure if
				  they only provide care to children who are born to or adopted by the individual
				  or children of relatives or personal friends.
D. Subdivision A 4 of § 16.1-278.2 of
				  the Code of Virginia referenced in the definition of an independent foster home
				  refers to the placement decisions for children by local boards of social
				  services or a public agency designated by the community policy and management
				  team. Subdivision 6 of § 16.1-278.4 of the Code of Virginia refers to the
				  court transfer of legal custody from the parent to another individual or
				  agency. Subdivision 13 of § 16.1-278.8 of the Code of Virginia refers to
				  the court's disposition of delinquent juveniles. Individuals receiving children
				  under these provisions are not subject to licensure under this
				  regulation.
E. Section 63.2-1734 of
				  the Code of Virginia establishes the authority of the State Board of Social
				  Services to promulgate regulations for the activities, services and facilities
				  to be employed by persons and agencies required to be licensed by §
				  63.2-1701 of the Code of Virginia. Regulations shall be designed to ensure that
				  such activities, services and facilities are conducive to the welfare of the
				  children under the custody or control of such persons or agencies. Section
				  63.2-1712 of the Code of Virginia states that it shall be a misdemeanor to
				  operate or engage in the activities of a child welfare agency without first
				  obtaining a license.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-30 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Children
				  placed in independent foster homes by their parents or legal guardian shall not
				  remain in care longer than 180 days.
Exception: A child's placement in the independent foster
					 home may exceed 180 days for reasons of parental illness/recuperation or
					 military deployment if that was the reason for the placement and the provider
					 refers the child to the local department of social services and makes a request
					 for an assessment of the care and custody of the child to determine if
					 additional services or evaluations are necessary.
B. For a child placed in the independent
				  foster home by a temporary entrustment agreement, if it appears that the child
				  cannot be returned to the child's parent or guardian within 90 days of the date
				  of placement, the provider shall petition the local juvenile and domestic
				  relations court within 30 days of placement to request an assessment of the
				  care and custody of the child.
C.
				  Providers shall be at least 21 years of age.
D. Providers shall have either a bachelor's
				  degree in a field related to family services, child care and development,
				  social work or education or a high school diploma or a G.E.D. and at least one
				  year of experience providing care to children in the age range to be placed in
				  the home.
E. Providers who accept
				  children with special needs shall have experience or training directly relevant
				  to the developmental levels and special needs of the children in
				  care.
F. The provider shall be
				  responsible for the home's day-to-day operation and for meeting licensing
				  requirements.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-40 - Background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  for licensure, the provider, assistant and adult household members, and any
				  other adult who is involved in the day-to-day operations of the independent
				  foster home or will be alone with, in control of, or supervising one or more
				  children placed in the home shall receive and provide to the licensing
				  representative:
1. The results of a criminal
				  history record check conducted by the Virginia State Police through the Central
				  Criminal Records Exchange and shall not have an offense as described in §
				  63.2-1719 of the Code of Virginia;
2. The results of a search of Virginia's
				  Child Protective Services central registry and shall not have a founded child
				  abuse or neglect record; and
3. A
				  sworn disclosure statement or affirmation disclosing whether the person has a
				  criminal conviction or is the subject of any pending criminal charges within or
				  outside the Commonwealth and whether the person has been the subject of any
				  founded complaint of child abuse or neglect within or outside the
				  Commonwealth.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-50 - References and employment history

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall provide three
				  references with the initial application from unrelated persons who have
				  knowledge of the provider's character and reputation and ability, skill and
				  experience in the provision of services to children.
B. The provider shall submit information on
				  the provider's employment history.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-60 - Assessment of knowledge, skills and abilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider and any assistants left alone
				  with children shall be able to speak, read, and write in English sufficient to
				  understand and carry out the responsibilities and requirements of this chapter
				  to ensure the care, safety, and protection of children.
B. The provider and assistant shall be
				  knowledgeable about and physically and mentally capable of providing the
				  necessary care for children.
C. The
				  provider and assistant shall be able to sustain positive and constructive
				  relationships with children in care; shall relate to children with respect,
				  courtesy, patience and affection; and shall demonstrate an understanding and
				  respect for the families of children in care.
D. The provider and assistant shall be
				  capable of handling emergencies with dependability and good judgment.
E. The provider shall have the financial
				  income to meet the basic needs of the provider's own family as well as to meet
				  the needs of each child in placement if the parents are unable to pay for the
				  child's care.
F. The provider shall
				  have knowledge, skills and abilities in parenting skills and behavior
				  management of children in the age or special needs group of the children to be
				  placed with the provider.
G. The
				  provider and assistant shall respect the confidentiality of the child and his
				  family in accordance with § 63.2-104 of the Code of Virginia.
H. The provider and assistant shall be
				  responsible, of good character and reputation and shall display behavior that
				  demonstrates stability and maturity.
I. The provider shall demonstrate marital
				  stability, if married.
J. The
				  provider shall complete the required Home Study Assessment form provided by the
				  department and submit the completed form with the initial application for
				  licensure.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-70 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. When such
				  training is available from the Department of Social Services, local departments
				  of social services, or licensed child-placing agencies, the provider shall
				  complete an initial foster parent orientation and training session within the
				  first six months of initial licensure.
B. The provider, any assistants, and any
				  other adult expected to be alone in the home with children shall receive, prior
				  to licensure or employment, certification in first aid and cardiopulmonary
				  resuscitation appropriate to the age of children in care, from an approved
				  source such as the American Red Cross, the American Heart Association, National
				  Safety Council or an equivalent resource approved by the department.
C. The provider, assistant, and any other
				  adult expected to be alone in the home with children shall maintain current
				  certificates in first aid and cardiopulmonary resuscitation, appropriate to the
				  age of children in care, from an approved source such as the American Red
				  Cross, the American Heart Association, the National Safety Council or an
				  equivalent resource approved by the department.
D. The provider shall attend at least 20
				  hours of related training each year. The provider shall maintain documentation
				  of training attended.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part II - General Requirements for Providers › Section 22VAC40-141-80 - Medical requirements for provider, assistant and household members

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 90 days
				  prior to the initial application, the applicant for licensure as an independent
				  foster home provider, each assistant and each adult member of the household
				  shall undergo an assessment for risk of tuberculosis infection and disease.
1. The applicant shall provide documentation
				  from the health department, a physician, or a physician's designee that each
				  individual is "free from tuberculosis in a communicable form."
2. Individuals needing additional testing to
				  determine the absence of tuberculosis in a communicable form shall obtain a
				  tuberculin skin test and:
a. The statement
				  shall include the type of test used, the date of the test, and the test
				  results.
b. The statement shall be
				  signed and dated by a physician, the physician's designee, or an official of a
				  local health department.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part III - Services and Supervision › Section 22VAC40-141-85 - Temporary entrustment agreement requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A written temporary entrustment agreement
				  or placing agreement shall be received on every child placed directly by the
				  child's parents or guardians in the independent foster home.
B. Prior to entering into a temporary
				  entrustment agreement, the provider shall consider:
1. The needs of the child and whether the
				  home can meet those needs;
2. The
				  needs of any other children residing in the home; and
3. The impact of the individual child joining
				  the household.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part III - Services and Supervision › Section 22VAC40-141-87 - Placing agreement requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A written placing agreement or temporary
				  entrustment agreement shall be received on every child placed directly by the
				  child's parents or guardians in the independent foster home.
B. Prior to entering into a placing
				  agreement, the provider shall consider:
1.
				  The needs of the child and whether the home can meet those needs;
2. The needs of any other children residing
				  in the home; and
3. The impact of
				  the individual child joining the household.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 141 - LICENSING STANDARDS FOR INDEPENDENT FOSTER HOMES › Part III - Services and Supervision › Section 22VAC40-141-90 - Supervision of children in care

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The provider is responsible at all times for the safety and supervision of
				  children placed in the home.
B. A
				  responsible adult shall always be available to substitute in case of an
				  emergency.
C. There shall be
				  documentation of the name, address, telephone number of this adult, along with
				  a signed statement of agreement to serve as a substitute.
D. Children shall be supervised in a manner
				  which ensures that the caregiver is aware of what the children are doing at all
				  times and can promptly assist or redirect activities when necessary.
E. In deciding how closely to supervise
				  children, providers shall consider:
1. The
				  ages of the children;
2. Individual
				  differences and abilities of the children;
3. The layout of the house and play area,
				  including neighborhood circumstances or hazards; and
4. Risk activities children are engaged
				  in.