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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
11/21/2024

22VAC40-131-30. Sponsorship.

Each licensed child-placing agency shall have a clearly identified sponsor. The sponsor may be an individual, corporation, partnership, association, limited liability company, trust, business trust, or any other legal entity recognized by the Virginia State Corporation Commission.

1. An individual sponsoring a child-placing agency shall serve as the licensee and shall have the legal and operational responsibility for the child-placing agency. The individual shall have knowledge and experience in the programs and services the child-placing agency offers.

2. A partnership sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The partners shall have a written partnership statement of agreement clearly delineating the responsibilities of each partner in the operation and maintenance of the licensed child-placing agency. When a partner is responsible for any of the operational responsibilities, he shall have knowledge of and experience in the programs and services offered by the child-placing agency.

3. An association sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The association shall have a governing board that shall maintain the legal and operational responsibility for the licensed child-placing agency. The association shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the licensed child-placing agency; and

b. A written constitution or bylaws that delineate responsibilities for the operation and maintenance of the licensed child-placing agency.

4. A corporation sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The corporation shall have a governing board that shall maintain the legal and operational responsibility for the licensed child-placing agency. The corporation shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the licensed child-placing agency;

b. A certificate of incorporation issued by the Virginia State Corporation Commission or, for corporations formed under the laws of a jurisdiction other than Virginia, a certificate of authority to transact business in the Commonwealth; and

c. Articles of incorporation that specify that at least one purpose of the corporation is to operate a licensed child-placing agency.

5. A limited liability company sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The limited liability company shall have a list of the names and addresses of each member of the company. The members shall maintain the legal and operational responsibility for the licensed child-placing agency. The limited liability company shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the child-placing agency;

b. A certificate of organization issued by the Virginia State Corporation Commission or, for limited liability companies formed under the laws of a jurisdiction other than Virginia, a certificate of registration to transact business in the Commonwealth; and

c. Articles of organization that specify that at least one purpose of the limited liability company is to operate a licensed child-placing agency.

6. A business trust sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The business trust shall have a list of the names and addresses of each trustee and beneficial owners of the trust. The trustee shall maintain the legal and operational responsibility for the licensed child-placing agency and the trustee must have knowledge and experience in the programs and services the child-placing agency offers. The business trust shall have articles of trust that specify at least one purpose of the trust is to operate a licensed child-placing agency.

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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