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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 131. Standards for Licensed Child-Placing Agencies
12/21/2024

22VAC40-131-240. Capacity of provider home.

A. The number of children in an approved resource, foster, or short-term foster care home shall not exceed eight. An exception to the eight capacity may be made only when an approved home can accept the placement of a sibling group. The approved home shall have the appropriate space and furnishings for each child in care as required by 22VAC40-131-190.

B. The number of children placed in an approved treatment foster care home shall not exceed two without written justification approved by a child-placing supervisor. The justification shall be written and approved prior to the placement of additional children and it shall (i) contain the name of approving supervisor, his title, the date of approval; and (ii) address the impact that the additional placement may have on the other children currently in the home.

C. The licensee shall consider the following elements when determining the capacity for a provider home:

1. The physical accommodations of the home;

2. The capabilities and skills of the applicant to manage the number of children;

3. The needs and special requirements of the child;

4. Whether the child's best interest requires placement in a certain type of home;

5. Whether any individuals in the home, including the applicant's children, require special attention or services of the applicant that interfere with the applicant's ability to ensure the safety of all children in the home; and

6. Whether the foster care provider is also a day care provider.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

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