reglab/statecodes huggingface dataset:
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 22VAC40-201-210 - State-Funded Kinship Subsidy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				purpose of the State-Funded Kinship Subsidy, also known as the State-Funded
				Kinship Guardianship Assistance Program, is to facilitate placements with
				relatives and ensure permanency for children who are ineligible for the Kinship
				Guardianship Assistance Program, as outlined in §
									63.2-1305
				of the Code of Virginia.
B. A child
				is eligible for the State-Funded Kinship Subsidy 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
				has been in the custody of the local department for at least 90 days;
3. 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;
4. The child has been consulted regarding the
				kinship subsidy if the child is 14 years of age or older;
5. The requirements for a transfer of custody
				of the child to the prospective kinship guardian for the purpose of
				establishing eligibility for the State-Funded Kinship Subsidy have been met;
				and
6. The child is not eligible
				for the Kinship Guardianship Assistance Program, as outlined in §
										63.2-1305
				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 - DOCUMENTS INCORPORATED BY REFERENCE

Current through Register Vol. 40, No. 24, July 15, 2024
Child
				  & Family Services Manual, Chapter E - Foster Care, July 2011, Virginia
				  Department of Social Services.
Service
				  Program Manual, Volume VII, Section III, Chapter C - Adoption/Agency Placement,
				  October 2009/March 2010, Virginia Department of Social Services
.
Service
				  Program Manual, Volume VII, Section III, Chapter D - Adoption/Agency Placement,
				  October 2009, Virginia Department of Social Services.
Title
				  IV-E Eligibility Manual (E. Foster Care), January 2012, Virginia Department of
				  Social Services.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 201 - PERMANENCY SERVICES - PREVENTION, FOSTER CARE, ADOPTION AND INDEPENDENT LIVING › Form - FORMS (22VAC40-201)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Application for Adoption Assistance, 032-04-0093-00-eng (eff.
				  3/2012)
Virginia
				  Adoption Assistance Agreement, 032-04-0090-00-eng (eff. 7/2014)
Addendum
				  to Adoption Assistance Agreement, 032-04-0086-00-eng (eff.
				  3/2012)
Adoptee
				  Application for Disclosure (and Guidelines Regarding the Application),
				  032-02-0018-03-eng (eff. 8/2013)
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 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-20 - Approval of provider homes

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				When applicants are approved in accordance with the standards of this chapter,
				they are approved as foster or adoptive providers. The approved provider shall
				be allowed to choose to provide only foster or adoptive care.
B. Providers must meet all standards of
				approval. Waivers may be granted in order to approve kinship foster parents as
				outlined in
				22VAC40-211-90.
C. The standards of this chapter apply to
				adoptive home providers until the final order of adoption is issued for a
				specific child. The standards continue to apply after the final order of
				adoption if the provider wishes to continue as an approved foster care
				provider.
D. All local
				department-approved providers shall:
1. Be at
				least 18 years of age;
2. Agree not
				to use corporal punishment with the child in their care or allow others to do
				so and shall sign an agreement to that effect; and
3. Sign a confidentiality agreement
				indicating that the individual completing the mutual family assessment for the
				local department explained the confidential nature of the information related
				to the child in his care and of the requirement to maintain that
				confidentiality.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-30 - Background checks, health standards, and driving record

Current through Register Vol. 40, No. 24, July 15, 2024
A. All background checks must be in
				accordance with applicable federal and state laws and regulations. Convictions
				of offenses as set out in §
									63.2-1719
				of the Code of Virginia shall preclude approval of an application to become a
				provider.
B. Documentation of the
				results of the background check shall be maintained in the applicant's record.
				Background check information shall not be disseminated to any other party nor
				shall it be archived except in the local department's provider file.
C. The applicant and all other household
				members who come in contact with children shall submit to tuberculosis
				assessment, screening, or tests in compliance with Virginia Department of
				Health requirements. The applicant and other caretakers residing in the home
				shall submit the results of a physical examination administered within the
				13-month period prior to approval, from a licensed health care professional
				that comments on each applicant's or caretaker's mental or physical condition
				relative to taking care of a child.
D. The local department shall obtain a
				Department of Motor Vehicle driver record check for all applicants or other
				adults in the home who are expected to transport children and shall consider
				the results of the driver record check in the approval process.
1. If an applicant will transport children,
				the applicant shall have a valid driver's license and automobile liability
				insurance.
2. The vehicle used to
				transport the child shall have a valid registration and inspection
				sticker.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-40 - Mutual family assessment requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant shall complete and submit an
				application in accordance with department requirements and on
				department-approved forms or other forms that address all of the department's
				requirements.
B. Upon submission of
				a completed provider application, the local department is responsible for
				ensuring the initiation of the approval process. If at any point in the
				approval process the local department determines the home may not be approved,
				the application may be denied, and the process ended.
C. Local departments shall conduct a minimum
				of three face-to-face interviews on three separate days with each applicant, at
				least one interview shall be in the applicant's home. If there are two
				individuals listed as applicants, at least one interview must be with both
				individuals. At least one interview shall be with all individuals who reside in
				the home.
D. The local department
				shall obtain at least three references from persons who have knowledge of each
				applicant's character and applicable experience with children and caretaking of
				others. At least one reference per applicant shall be from a
				nonrelative.
E. Local departments
				shall ask if an applicant previously applied to, or was approved by, another
				local department or licensed child-placing agency. The local department shall
				have the applicant sign a request to release information from the other agency
				in order to obtain information about previous applications and performance and
				shall use that information in considering approval of the applicant.
F. As part of the approval process, the local
				department shall conduct a mutual family assessment (MFA). The MFA shall be
				completed on the approved MFA template and address all elements required by
				this standard and be documented by a combination of narrative and other data
				collection formats, and shall be signed and dated by the individual completing
				the MFA and the director of the local department or his
				designee
.
The information contained in the MFA shall include:
1. Demographic information including:
a. Age of applicant;
b. Marital status and history including
				verifications; and
c. Family
				composition and history.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-50 - Approval period and documentation of approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. The approval period for a provider is 36
				months.
B. The approved provider
				shall be given an approval certificate specifying the following:
1. Type of approval;
2. Date when the approval became effective
				and the date when the approval lapses;
3. Gender, age, and number of children
				recommended for placement; and
4.
				The signature and title of the individual or individuals approving the
				home.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-60 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local
				department shall ensure that preservice training is provided for foster and
				adoptive providers. This training shall address but not be limited to the
				following core competencies:
1. Factors that
				contribute to neglect, emotional maltreatment, physical abuse, and sexual
				abuse, and the effects thereof;
2.
				Conditions and experiences that may cause developmental delays and affect
				attachment;
3. Stages of normal
				human growth and development;
4.
				Concept of permanence for children and selection of the permanency
				goal;
5. Reunification as the
				primary child welfare goal, the process and experience of
				reunification;
6. Importance of
				visits and other contacts in strengthening relationships between the child and
				his birth family, including his siblings;
7. Legal and social processes and
				implications of adoption;
8.
				Support of older youth's transition to independent living;
9. The professional team's role in supporting
				the transition to permanency and preventing unplanned placement
				disruptions;
10. Relationship
				between child welfare laws, the local department's mandates, and how the local
				department carries out its mandates;
11. Purpose of service planning;
12. Impact of multiple placements on a
				child's development;
13. Types of
				and response to loss, and the factors that influence the experience of
				separation, loss, and placement;
14. Cultural, spiritual, social, and economic
				similarities and differences between a child's primary family and foster or
				adoptive family;
15. Preparing a
				child for family visits and helping him manage his feelings in response to
				family contacts;
16.
				Developmentally appropriate, effective and nonphysical disciplinary
				techniques;
17. Promoting a child's
				sense of identity, history, culture, and values;
18. Respecting a child's connection to his
				birth family, previous foster families or adoptive families;
19. Being nonjudgmental in caring for the
				child, working with his family, and collaborating with other members of the
				team;
20. Roles, rights, and
				responsibilities of foster parents and adoptive parents;
21. Maintaining a home and community
				environment that promotes safety and well-being;
22. Mandated child abuse and neglect reporter
				laws and responsibilities; and
23.
				Normalcy for youth in foster care.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-65 - Training for individuals providing only respite care

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local department shall ensure that
				preservice training is provided for respite care providers. This training shall
				address, but not be limited to, the following core competencies:
1. Factors that contribute to neglect,
				emotional maltreatment, physical abuse, and sexual abuse, and the effects
				thereof;
2. Conditions and
				experiences that may cause developmental delays and affect
				attachment;
3. Reunification as the
				primary child welfare goal, the process and experience of
				reunification;
4. Importance of
				visits and other contacts in strengthening relationships between the child and
				his birth family, including his siblings;
5. The professional team's role in supporting
				the transition to permanency and preventing unplanned placement
				disruptions;
6. Impact of multiple
				placements on a child's development;
7. Cultural, spiritual, social, and economic
				similarities and differences between a child's primary family and foster or
				adoptive family;
8. Preparing a
				child for family visits and helping him manage his feelings in response to
				family contacts;
9. Developmentally
				appropriate, effective, and nonphysical disciplinary techniques;
10. Maintaining a home and community
				environment that promotes safety and well-being;
11. Promoting a child's sense of identity,
				history, culture, and values;
12.
				Respecting a child's connection to his birth family, previous foster families,
				and adoptive families; and
13.
				Being nonjudgmental in caring for the child, working with his family, and
				collaborating with other members of the team.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-70 - Standards for the home of the provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. The home shall have sufficient appropriate
				space and furnishings for each child receiving care in the home including:
1. Space to keep clothing and other personal
				belongings;
2. Accessible basin and
				toilet facilities;
3. Safe,
				comfortable sleeping furnishings;
4. Sleeping space on the first floor of the
				home for a child unable to use stairs unassisted, other than a child who can
				easily be carried; and
5. Space for
				recreational activities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-80 - Standards of care for continued approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall provide care that does
				not discriminate on the basis of race, color, sex, national origin, age,
				religion, political beliefs, sexual orientation, disability, or family
				status.
B. The provider shall
				ensure the child receives meals and snacks appropriate to his daily nutritional
				needs. The child shall receive a special diet if prescribed by a licensed
				health care provider or designee or in accordance with religious or ethnic
				requirements or other special needs.
C. The provider shall ensure that he can be
				responsive to the special mental health and medical needs of the
				child.
D. The provider shall
				establish rules that encourage desired behavior and discourage undesired
				behavior. The provider shall not use corporal punishment or give permission to
				others to do so and shall sign an agreement to this effect.
E. The provider shall provide clean and
				seasonal clothing appropriate for the age and size of the child.
F. Providers and any other adults who
				transport children shall use functioning child restraint devices in accordance
				with requirements of Virginia law.
G. In the reapproval process the local
				department shall verify that the requirements for approval, including
				background checks, are still being met by the provider.
H. Results of background checks for Fostering
				Futures program participants shall be used for the sole purpose of determining
				whether other children should be placed or remain in the same foster home as
				the participant.
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 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-90 - Allowing a waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				local department may request and the provider may receive a permanent or
				temporary waiver from the department on a standard if the waiver does not
				jeopardize the safety and proper care of the child or violate federal or state
				laws or local ordinances.
B. To
				allow children to be placed with kinship foster parents, temporary waivers may
				be granted for preservice training, completion of a mutual family assessment,
				tuberculosis assessment, screening, or tests and physical examinations for a
				period not to exceed six months. Permanent waivers related to standards for the
				home of a provider as referenced in
				22VAC40-211-70
				may be granted to kinship foster parents.
C. If a provider is granted a waiver and is
				in compliance with all other requirements of this chapter, the provider is
				considered fully approved.
D. Any
				temporary waivers granted are for a period not to exceed six months. Before the
				end of the six-month period, the kinship foster parent must have completed all
				requirements that had previously been waived under subsection B of this
				section.
E. Any permanent waivers
				granted are considered on a case-by-case basis and must be reviewed on an
				annual basis by the department.
Statutory Authority: §§
											63.2-217
					 and
					 63.2-319C
					 ode of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-100 - Monitoring and reapproval of providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local department's representative
				shall visit the home of the approved provider as often as necessary but at
				least quarterly to provide support to and monitor the performance of the
				provider and shall document these visits in the provider record.
1. When a child is placed in the home, these
				visits may coincide with the monthly visits to the child.
2. If there is no child placed in the home,
				the quarterly visit may be replaced by telephone contact.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-110 - Provider's right to grieve

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				applicant shall have the right to grieve the actions of the local department to
				the local board on issues related to their application to become a
				provider.
B. Decisions on the
				placement of a specific child with a provider are not subject to grievance. The
				local board shall have the final authority to determine appropriate placement
				for children pursuant to § 16.1-278.2 of the Code of Virginia. Decisions
				regarding final adoptive placements are made by the circuit court pursuant to
				Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2 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 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-120 - Normalcy for children in foster care

Current through Register Vol. 40, No. 24, July 15, 2024
Local departments will support the foster parent in
				  exercising the reasonable and prudent parent standard in decisions regarding
				  the child's participation in age-appropriate activities, in accordance with
				  subsection D of §
									63.2-904
				  of the Code of Virginia and with this chapter.
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 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Section 22VAC40-211-140 - Kinship foster parent appeals and notice

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				§§ 63.2-900.1 and 63.2-915 of the Code of Virginia, any relative, as
				defined in § 63.2-900.1, whose request to become a kinship foster parent
				is denied shall have the right to file an appeal with the
				commissioner.
B. If a relative's
				request to become a kinship foster parent is denied, the local board shall
				provide the relative with the written notification of the decision by mail to
				the last known address of the relative within 14 calendar days of the denial,
				and a copy of the written notification shall be mailed to the Office of Appeals
				and Fair Hearings. The notification shall include (i) a clear and specific
				explanation of the reasons for such denial, (ii) a statement that such denial
				is appealable pursuant to § 63.2-915 of the Code of Virginia, (iii)
				information regarding the procedure for filing such appeal, and (iv) contact
				information for the Office of Appeals and Fair Hearings.
C. If the relative chooses to appeal the
				denial, the relative must contact the Office of Appeals and Fair Hearings and
				disclose their intent to appeal. The relative's intent to appeal must be in
				writing and received by the Office of Appeals and Fair Hearings in no more than
				30 calendar days from the date on the written notification from the local
				board.
D. Upon timely receipt of
				the relative's written notice of their intent to appeal the decision of the
				local board, the Office of Appeals and Fair Hearings shall accept the appeal
				and send a request to the local board for all documents related to the denial
				of the relative. The Office of Appeals and Fair Hearings will notify the
				relative in writing of the hearing date at least 10 calendar days prior to the
				hearing.
E. A hearing shall be
				conducted by the Office of Appeals and Fair Hearings as soon as practicable,
				and the relative shall be afforded the opportunity to testify on their behalf
				and produce witness testimony. The Office of Appeals and Fair Hearings shall
				render a decision in no more than 90 calendar days from the date of receipt of
				the relative's written notice of the relative's intent to appeal.
F. The Office of Appeals and Fair Hearings
				will notify the relative and the local board of the outcome of the appeal in
				writing. The decision of the local board may either be sustained or reversed.
				If the decision of the local board is reversed, the local board shall respond
				in writing to the Office of Appeals and Fair Hearings within 14 calendar days
				and confirm that the relative's request to become a kinship foster parent has
				been conditionally approved, so long as all approval requirements are completed
				timely pursuant to law and policy.
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 211 - FOSTER AND ADOPTIVE HOME APPROVAL STANDARDS FOR LOCAL DEPARTMENTS OF SOCIAL SERVICES › Form - FORMS (22VAC40-211)

Current through Register Vol. 40, No. 24, July 15, 2024
Resource
				  Family Assessment Template, 032-04-0060-01-eng (eff.
				  10/2010)
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 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-20 - Administration of the uniform rate assessment tool

Current through Register Vol. 40, No. 24, July 15, 2024
A. A department
				approved uniform rate assessment tool shall be used to determine the additional
				daily supervision component of the foster care maintenance payment or the
				adoption assistance payment. Use of the rate assessment tool shall be applied
				consistently regardless of the child's maintenance funding source.
1. The LDSS having care and responsibility
				for the child is responsible to ensure the tool is completed with input from a
				child-specific team of individuals who are knowledgeable about the child's
				characteristics.
2. The team shall
				include the caseworker, foster or adoptive parents, and an individual trained
				to administer the rate assessment tool. Other individuals with knowledge of the
				child shall be invited to participate in the meeting or provide input about the
				child's needs. This shall include family members and the child as appropriate,
				other significant individuals in the child's social support network, the
				private child-placing agency staff involved in the care of the child, and other
				providers.
3. LDSS staff or other
				public child-serving agency individuals may be trained in accordance with the
				department's Child and Family Services Manual, Chapter E Foster Care, Section
				14, July 2011 to administer the tool.
4. The child's assigned caseworker, foster or
				adoptive parents, or private agency staff shall not administer the
				tool.
5. The rate assessment tool
				shall be administered according to the following criteria and in accordance
				with the department's Child and Family Services Manual, Chapter E Foster Care,
				Section 14, July 2011 :
a. If the child is to
				be placed in a TFC home;
b. If the
				LDSS chooses to make enhanced maintenance payments for children in non-TFC
				homes;
c. At the time an adoption
				assistance agreement is negotiated when the child's needs prior to negotiating
				and signing the agreement indicate a need for ADS . A re-administration of the
				tool is not required if the adoption assistance agreement is signed within
				three months of a prior ADS assessment.
6. The rate assessment tool shall be
				re-administered:
a. When requested and there
				is evidence of significant behavioral, emotional, or medical changes and four
				or more weeks of additional support have become necessary to maintain the child
				in the home .
(1) Once requested, the rate
				assessment tool must be administered within 14 calendar days.
(2) If the rate assessment tool indicates a
				need for an increase or decrease in ADS, the increase or decrease takes effect
				on the first day of the subsequent month .
b. No more often than quarterly for any child
				unless the previously stated criteria apply .
c. A minimum of once per year.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-25 - Determining the enhanced maintenance rate

Current through Register Vol. 40, No. 24, July 15, 2024
The child-specific team shall consider the services provided
				  to the child that reduce or eliminate any direct additional supervision or
				  support provided to the child by the foster parent and reduce the enhanced
				  maintenance payment based on these services.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 673.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-30 - Child-placing agency requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				child-placing agency that approved the home shall have face-to-face contacts
				with the foster parents at least monthly. Child-placing agencies may contract
				with licensed providers to conduct the in-home contacts with the foster
				parent.
B. Child-placing agencies
				shall have an appointed case worker on call and available to make face-to-face
				contact if necessary to provide services to the child and the foster family 24
				hours per day, seven days per week.
1.
				Child-placing agencies may contract with licensed providers to perform this
				service.
2. Supervisory
				consultation to the on-call worker shall be available 24 hours per day, seven
				days per week and may be a service obtained through a contract with a licensed
				provider.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-40 - Foster and adoptive home requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The requirements
				for foster parents or adoptive parents, prior to a finalized adoption,
				receiving an ADS payment shall include but not be limited to:
1. Working with the child-placing agency to
				identify and participate in targeted training necessary to meet the support and
				supervision needs of the child;
2.
				Actively participating in the development and implementation of the foster care
				service plan;
3. Agreeing to accept
				and participate in services to prevent placement disruption; and
4. Monitoring and documenting the child's
				progress based on a schedule and in a format developed in consultation with the
				child-placing agency.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-50 - ADS emergency placement

Current through Register Vol. 40, No. 24, July 15, 2024
Enhanced maintenance payments for the initial emergency
				  placement of a child shall be based on a per diem not to exceed $1,600 per
				  month.
1. The department may change
				the maximum per diem for initial emergency placements upon approval from the
				State Board of Social Services.
2.
				The enhanced maintenance payment per diem for the initial emergency placement
				includes the day the uniform rate assessment tool is administered to determine
				the on-going enhanced maintenance rate.
3. The rate assessment tool shall be
				administered within 60 calendar days of the initial emergency placement of a
				child.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 673.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-60 - Reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A representative of the child, including the foster parent or
				  guardian ad litem, may request a review of the results of the rate assessment
				  tool by the director of the LDSS that holds custody, if he feels the tool did
				  not correctly identify the needs of the child. The director may not adjust the
				  rate but may request a new assessment.
1. The representative shall have five
				business days to request a review.
2. The LDSS director or designee has 15
				business days to conduct an administrative review of the request and may concur
				with the original decision or may order a new administration of the tool. The
				re-administration may occur by phone or videoconferencing.
3. The individual administering the rate
				assessment tool has 10 business days to re-administer the tool if requested by
				the director.
4. If the
				re-administration of the tool indicates a higher or lower payment rate, that
				rate shall take effect on the first day of the subsequent month .
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 673.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section 22VAC40-221-70 - Post-finalized adoptions

Current through Register Vol. 40, No. 24, July 15, 2024
Enhanced maintenance payments shall be made available to
				  adoptive parents after the adoption has been finalized pursuant to the
				  department's Child and Family Services Manual, Chapter E Foster Care, Section
				  17, April 2013.
1. The adoptive parent
				shall be required to submit an application for renegotiation of their adoption
				assistance agreement.
2. The
				documented needs of the child shall be the basis for a decision to provide an
				enhanced maintenance payment or a services payment.
3. Enhanced maintenance payments shall be
				documented in an adoption assistance agreement addendum.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 673.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 221 - ADDITIONAL DAILY SUPERVISION RATE STRUCTURE › Section - DOCUMENTS INCORPORATED BY REFERENCE (22VAC40-221)

Current through Register Vol. 40, No. 24, July 15, 2024
Child
				  and Family Services Manual, Chapter E Foster Care, Section 14, July
				  2011
Child
				  and Family Services Manual, Chapter E Foster Care, Section 17, April
				  2013
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 673.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 250 - AGENCY PLACEMENT ADOPTIONS - AREVA [REPEALED] › Section 22VAC40-250-20

Current through Register Vol. 40, No. 24, July 15, 2024
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 280 - NONAGENCY PLACEMENTS FOR ADOPTION - ADOPTIVE HOME STUDY [REPEALED] › Section 22VAC40-280-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 290 - EARNED INCOME DISREGARDS/STUDENT EARNINGS IN THE AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) PROGRAM [REPEALED] › Section 22VAC40-290-10

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 293 - LOCALITY GROUPINGS › Section 22VAC40-293-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Locality groupings" means the placement of a locality into
				  one of two groups, which determines the Temporary Assistance for Needy Families
				  (TANF) payment level for families residing in that locality.
"Standard of assistance" means the TANF payment standard that
				  is graduated by family size.
"State board" means the State Board of Social
				  Services.
Statutory Authority: §
											63.2-217
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 293 - LOCALITY GROUPINGS › Section 22VAC40-293-20 - Changing locality groupings

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				A locality may change standard of assistance locality groupings by approval of
				the state board. The local board of social services shall request the change in
				writing to the State Board of Social Services and shall provide:
1. The most recently available fair market
				rent data from the U.S. Department of Housing and Urban Development. Other data
				sources may be used upon approval of the state board. Such data shall include a
				comparison of shelter costs in the petitioning locality and adjacent
				localities;
2. Data showing the
				proportion of TANF recipients to the general population of the locality, in the
				case of a request to change to a lower locality grouping. Such data shall
				include a comparison of the proportion of TANF recipients in the petitioning
				locality and adjacent localities; and
3. In order to assure that the locality has
				sufficient funding to cover any increased costs that may result from a change
				in locality grouping in the General Relief program and to assure that the local
				governing body is aware of the proposed change in locality groupings,
				documentation that the request to change locality groupings has been reviewed
				by the local governing body.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 294 - APPLICATIONS FOR PUBLIC ASSISTANCE › Section 22VAC40-294-10 - Notice of advance directives

Current through Register Vol. 40, No. 24, July 15, 2024
The local department of social services or the Commissioner
				  of the Virginia Department of Social Services shall provide each Medicaid
				  applicant with information on advance directives, including the purpose,
				  benefits, and how to make an advance directive.
Statutory Authority: §§
											63.2-217,
					 63.2-501, and
					 63.2-501.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 294 - APPLICATIONS FOR PUBLIC ASSISTANCE › Section 22VAC40-294-20 - Alternative contact information

Current through Register Vol. 40, No. 24, July 15, 2024
The local department of social services shall collect from
				  each Medicaid applicant alternative contact information, such as the
				  applicant's email address and cell phone number, and the applicant's preferred
				  method of contact, including direct mail, email, text message, or cell
				  phone.
Statutory Authority: §§
											63.2-217,
					 63.2-501, and
					 63.2-501.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-20 - Specified relatives

Current through Register Vol. 40, No. 24, July 15, 2024
The relative with whom the child is living who is designated
				  as the caretaker must be a relative by blood, marriage, or
				  adoption.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-30 - Assistance unit

Current through Register Vol. 40, No. 24, July 15, 2024
A. With respect to
				a dependent child, the assistance unit shall include, if living in the same
				household and otherwise eligible for assistance:
1. The natural or adoptive parent;
				and
2. The blood-related or
				adoptive brother or sister, including those emancipated.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-40 - Minor children who are absent from the home

Current through Register Vol. 40, No. 24, July 15, 2024
A child who is absent from the home for 60 consecutive days
				  shall be ineligible for TANF, unless the absence is due to a good cause. When a
				  child is placed in foster care, the period of temporary absence for purposes of
				  TANF and TANF maintenance of effort shall not exceed 180 days unless a local
				  department of social services determines that return of the child to the home
				  would pose an unnecessary risk to the child's health, safety, or well-being and
				  that a longer period of temporary absence is warranted.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-60 - Beginning date of assistance and application processing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A decision on TANF eligibility shall be
				made by the thirtieth day following the date the application was
				filed.
B. The eligible assistance
				unit shall receive TANF benefits beginning with the date of
				application.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-70 - Redetermination of benefits

Current through Register Vol. 40, No. 24, July 15, 2024
Where an individual has been determined eligible, eligibility
				  will be reconsidered or redetermined:
1. When required on the basis of information
				the agency has obtained previously about anticipated changes in the
				individual's situation;
2. Promptly
				after a report is obtained that indicates changes in the individual's
				circumstances that may affect the amount of assistance to which he is entitled
				or that may make him ineligible; and
3. Periodically on all factors subject to
				change. All factors of eligibility will be redetermined at least every 12
				months.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-80 - Reporting changes

Current through Register Vol. 40, No. 24, July 15, 2024
The eligible person who receives temporary assistance, or
				  the person who is caring for or otherwise acting on behalf of such eligible
				  person, shall report promptly to the local department of social services any
				  event or circumstance that would cause such assistance to be changed in amount
				  or terminated.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-90 - Notice of adverse action

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Prior to any action to reduce or terminate an assistance unit's TANF
				assistance, the agency shall provide a notice of adverse action before the
				adverse action is taken.
B. The
				notice of adverse action shall be issued at least 10 days before the date upon
				which the action to reduce or terminate assistance would become effective. If a
				recipient requests a hearing before the effective date of such action, his
				assistance may not be reduced or terminated until a decision is rendered after
				a hearing unless the recipient requests that he not receive continued
				assistance pending a hearing decision. If the effective date of the action
				falls on a weekend or holiday, and a request for a hearing is received the day
				after the weekend or holiday, the hearing request shall be considered to have
				been made prior to the effective date of the action.
C. The notice of adverse action shall explain
				in easily understandable language:
1. The
				proposed action;
2. The reason for
				the proposed action;
3. The
				assistance unit's right to request a hearing;
4. The telephone number of the office, to
				include a toll-free number or a number where collect calls will be accepted for
				recipients outside the local calling area;
5. The availability of continued
				benefits;
6. The liability of the
				assistance unit for any overpayments received while awaiting a hearing if the
				hearing officer's decision is adverse to the assistance unit; and
7. The availability of an individual or
				organization that provides free legal representation, if such a service is
				available.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-100 - Mass changes

Current through Register Vol. 40, No. 24, July 15, 2024
When the agency makes a mass change in eligibility or
				  benefits, it shall notify all assistance units whose benefits are reduced or
				  terminated as follows:
1. The agency
				shall inform the assistance unit of:
a. The
				general nature of the change;
b.
				Examples of the change's effect on assistance unit payment levels;
c. The month in which the change will take
				effect;
d. The assistance unit's
				right to a fair hearing;
e. The
				assistance unit's right to continue benefits and under what circumstances
				benefits will be continued pending a fair hearing;
f. General information on whom to contact for
				additional information; and
g. The
				liability the assistance unit will incur for any overpayment if the fair
				hearing is adverse.