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 22VAC40-201-40 - Foster care placements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Within 30 days of the child being placed in the custody of the local board, the
				local department shall exercise due diligence to identify and notify in writing
				all adult relatives, including the parents of siblings who have legal custody
				of such siblings, that the child has been 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. The local department may
				determine it is not in the child's best interest to notify relatives who have a
				history of domestic violence; have been convicted of barrier crimes as defined
				in § 63.2-1719 of the Code of Virginia other than those described in
				subsections E, F, G, and H of § 63.2-1721 of the Code of Virginia; or are
				listed on the Virginia State Police Sex Offender Registry. Additionally, if the
				birth father is unknown, the local department shall search the Virginia Birth
				Father Registry within 30 days of the child entering foster care. At a minimum,
				the local department shall search for relatives at the time the child enters
				foster care, annually, and prior to any subsequent placement changes for the
				child.
B. The local department
				shall ensure a child in foster care is placed in a home or licensed facility
				that complies with all applicable federal and state requirements for safety and
				child well-being. Placements shall be made subject to the requirements of
				§ 63.2-901.1 of the Code of Virginia. The following requirements shall be
				met when placing a child in an approved home or licensed facility:
1. The local department shall exercise due
				diligence to locate and assess relatives as a foster home placement for the
				child, including in emergency situations.
2. The local department shall place the child
				in the least restrictive, most family like setting consistent with the best
				interests and needs of the child.
3. The local department shall attempt to
				place the child in as close proximity as possible to the birth parent's or
				prior custodian's home to facilitate visitation, provide continuity of
				connections, and provide educational stability for the child.
4. The local department shall take reasonable
				steps to place the child with siblings unless such a joint placement would be
				contrary to the safety or well-being of the child or siblings.
5. The local department shall, when
				appropriate, consider placement in a dually approved home so that if
				reunification fails, the placement is the best available placement to provide
				permanency through adoption for the child.
6. The local department shall not delay or
				deny placement of a child into a foster or adoptive family placement on the
				basis of race, color, or national origin of the foster or adoptive parent or
				child.
7. When a child being placed
				in foster care is of Native American, Alaskan Eskimo, or Aleut heritage and is
				a member of a nationally recognized tribe, the local department shall follow
				all federal laws, regulations, and policies regarding the referral of the
				child. The local department may contact the Department of Historic Resources
				for information on contacting Virginia tribes and shall consider tribal culture
				and connections in the placement and care of a child of Virginia Indian
				heritage.
8. If a child is placed
				in a kinship foster placement pursuant to § 63.2-900.1 of the Code of
				Virginia, the child shall not be removed from the physical custody of the
				kinship foster parent, provided the child has been living with the kinship
				foster parent for six consecutive months and the placement continues to meet
				approval standards for foster care, unless (i) the kinship foster parent
				consents to the removal; (ii) removal is agreed upon at a family partnership
				meeting; (iii) removal is ordered by a court of competent jurisdiction; or (iv)
				removal is warranted pursuant to § 63.2-1517 of the Code of
				Virginia.