Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department Of Social Services
Chapter 100. Minimum Standards for Licensed Child Caring Institutions

22VAC40-100-180. Request for service (intake) and alternative planning (discharge) of children.

Policies regarding the above shall be defined and periodically reviewed and changed as needs and conditions dictate.

1. No child shall be accepted for care until it is clearly established that he needs care apart from his family and is in need of the particular kind of care which the institution has to offer. This must be determined through mutual exploration involving all parties concerned with the child's welfare.

2. Acceptance for care shall be based upon:

a. Social data;

Full name of child;

Date and place of birth;

Sex of child;

Name and addresses of parents and their marital status;

Names, ages, and sex of siblings with addresses when possible;

Religion of parents;

Racial and national background; and

Custody status;

b. Medical history and current medical condition;

c. The child's approximate mental level, as determined by the grade ratio or a statement of a physician or psychologist or both;

d. Significant information to show why the child requires care apart from his family must be established.

3. On the basis of this study, an institution shall not admit:

a. A child whose needs it cannot meet. In determining whether the child's needs may be met, the following are some factors to be considered:

(1) Availability of educational facilities suitable to the child's needs;

(2) The age group of children presently in the institution relative to the age of the applicant;

(3) The mental, physical, or emotional condition of the other children in the institution relative to that of the applicant;

(4) The child's health needs relative to the capabilities of the institution to supply such needs;

(5) The lack of trained professional staff necessary to provide the child with maintenance, care, or treatment required by his physical, mental, or emotional condition.

b. A child whose presence would be undesirable or dangerous to other children in the institution. This should not be interpreted to exclude children who merely have behavior difficulties of a comparatively mild nature, but children whose health or behavior is such that association with them would be seriously detrimental to normal children.

4. Children shall be accepted only by court commitment or on written agreement with parents, legal guardian, or other person having legal authority to make such an agreement.

5. There shall be an entrustment between the child's parents or guardian and the institution through which written consent for the child's placement in the institution is given and a basis of cooperation between parent and administration is established. This shall not be interpreted to mean that the parent shall surrender all legal right to the child to the institution. Parental surrender shall not be required under usual circumstances.

6. Agreement forms shall be devised by the institution and shall recognize the mutual rights of the parties in placement, clearly defining areas of joint responsibility as they affect the institution's ability to serve or continue serving a child. Such forms shall be approved by the State Department of Social Services.

7. Both the institution and the parties to placement shall have a copy of the agreement.

8. An institution receiving children under emergency circumstances shall have staff and special facilities for reception, including if necessary, temporary isolation from other children in residence.

9. Institutions equipped to handle temporary placements shall emphasize the temporary nature of such placements in their written agreements with referring persons or agencies.

10. Satisfactory effort must be devoted to preparing the child for admission to the institution. It is essential that careful attention be given the child during the first two or three weeks in order that the initial adjustment may be as favorable as possible.

a. Preparation of a child for his admission shall be in a manner consistent with his age and ability to participate in the plan and to understand the reasons for the placement.

b. Whenever possible and feasible to do so, arrangements shall be made for the child to make at least one pre-placement visit to the institution. If a pre-placement visit is not possible or feasible, the child shall be given some detailed description or picture of the institution, staff, children, and activities that will be part of his daily living.

c. Timing of the child's admission shall be so planned that it will be least distressing to him and least disrupting to the staff and other children who will be sharing the same living unit.

11. Residence within the institution shall be considered continuous preparation for the time when the child no longer needs care therein.

a. Adequate attention shall be given to preparing the child for leaving the institution as the time therefore approaches.

b. Children under 18 years of age may be discharged only to the responsible person from whom they were accepted, except in cases where the legal responsibility for the child has been transferred from one person to another during the period of the child's stay in the institution. Discharge shall be to and with the planning of the responsible person, or upon order of a court of competent jurisdiction.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §VA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

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