Virginia Law

A. This chapter applies to local department-approved providers and shall not apply to facilities or organizations licensed or regulated by the Virginia Department of Health . A local department shall not approve a provider that does not meet the standards set forth in this chapter.

B. This chapter is applicable to the following providers:

1. Adult foster care providers; and

2. In-home providers.

C. The local department may accept provider applications even when the local department has a sufficient number of approved providers for that service or does not offer the type of service. If the local department chooses to contract with an agency or organization licensed or regulated by the Virginia Department of Health to provide in-home providers , the local department shall inform the provider applicant of the local department's choice to contract with a licensed or regulated agency or organization. However, if the local department approves its own providers and the adult identifies an individual to be a provider, the local department shall initiate the approval process for that individual as long as the service is offered by that locality. The individual identified by the adult shall meet the standards set forth in this chapter.

D. Prior to approving an adult foster care provider that is not approved by the local department in the jurisdiction where the provider is located, the local department wanting to approve the provider shall seek written permission from the local department in the jurisdiction where the adult foster care provider is located.

E. Local departments may use an approved in-home or adult foster care provider from another jurisdiction without initiating the approval process when the local department obtains written permission and a copy of the approval documents from the local department that approved the in-home or adult foster care provider.