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 22VAC40-141-10 - 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:
"Assistant" means an individual 18 years of age or older
					 who is selected by the independent foster parent to assist the provider in the
					 care and supervision of the children in the home.
"Child" means any individual less than 18 years of
					 age.
"Child with special needs" means a child with diagnosed
					 physical, mental, or emotional disabilities such as, but not limited to,
					 cerebral palsy, sensory impairment, learning disabilities, behavior disorders,
					 chronic illnesses, a deficit in social functioning, mental retardation or
					 emotional disturbance and who may require special monitoring or specialized
					 programs, interventions or facilities.
"Commissioner" means the Commissioner of the Department of
					 Social Services, his designee, or authorized representative.
"Department" means the Virginia Department of Social
					 Services.
"Good character and reputation" means findings have been
					 established and knowledgeable and objective people agree that the individual
					 (i) maintains business, professional, family, and community relationships which
					 are characterized by honesty, fairness, truthfulness and dependability and (ii)
					 has a history or pattern of behavior that demonstrates that the individual is
					 suitable and able to care for, guide, supervise, and protect children.
					 Relatives by blood or marriage, and persons who are not knowledgeable of the
					 individual, such as recent acquaintances, shall not be considered objective
					 character and reputation references.
"Independent foster home" means a private family home in
					 which any child, other than a child by birth or adoption of such person,
					 resides as a member of the household and has been placed therein independently
					 of a child-placing agency except (i) a home in which are received only children
					 related by birth or adoption of the person who maintains such home and children
					 of personal friends of such person; (ii) a home in which are received children
					 committed under the provisions of subdivision A 4 of §
										16.1-278.2,
					 subdivision 6 of §
										16.1-278.4,
					 or subdivision A 13 of §
										16.1-278.8
					 of the Code of Virginia; and (iii) a home in which are received only children
					 who are the subject of a properly executed power of attorney pursuant to
					 Chapter 10 (§
										20-166
					 et seq.) of Title 20 of the Code of Virginia.
"Infant" means any child from birth up to 16 months of
					 age.
"Major injuries, illnesses and accidents" means injuries,
					 illnesses or accidents that require emergency medical care or treatment.
"Parent" means the legal parents or legal guardians of the
					 child.
"Placing agreement" means the written agreement signed by
					 the child's parents or guardians and the independent foster home parents in
					 which the parents or guardians authorize the child's placement in the
					 independent foster home for a period of 180 days or fewer. The placing
					 agreement specifies the rights and responsibilities of each party but does not
					 transfer legal custody to the independent foster home parent. The agreement
					 addresses acquisition of, and consent for, any medical treatment needed by the
					 child; financial responsibility for the placement; visitation with the child's
					 family; and if appropriate to the child's age, unauthorized absences from the
					 home. The parents or guardians may withdraw the placing agreement at any time
					 during the placement period.
"Provider" means independent foster parents who give
					 24-hour substitute family care, room and board, and services for up to eight
					 children who reside in the provider's home as members of the household. A
					 provider may be a husband and wife.
"Temporary entrustment agreement" means the agreement
					 signed by the child's parents or guardians and the licensed independent foster
					 parent in which the parents or guardians temporarily confer physical and legal
					 custody of their child to the licensed provider for less than 180 days. The
					 temporary entrustment agreement specifies the rights and obligations of the
					 child, the parents or guardians and the provider, includes the responsibilities
					 of the parents for financial support, and grants authority for medical care of
					 the child. Temporary entrustment agreements may be withdrawn by the parents or
					 guardians at any time during the 180-day period. Placements for longer than 90
					 days must be approved by the local juvenile and domestic relations
					 court.
"Time-out" means a discipline technique in which a child is
					 moved for a brief time away from the stimulation and reinforcement of ongoing
					 activities and other children to allow the child to regain composure when
					 losing self-control.
Statutory Authority: §§
												63.2-217
						and
						63.2-1734
						of the Code of Virginia.