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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 141. Licensing Standards for Independent Foster Homes
12/31/2024

22VAC40-141-120. Transportation of children.

A. The provider shall have transportation available at all times in case of an emergency.

B. Any individual who transports children shall have a valid driver's license and vehicle liability insurance.

C. Providers and any individuals who transport children shall assure that all passengers use safety belts and child restraint devices in accordance with Virginia law.

D. The provider and assistant transporting children shall not have driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any offense which places other occupants of the vehicle at risk within the five years prior to the application, and thereafter as a condition of continued licensure.

E. A copy of the provider's and the assistant's driving record shall be provided to the licensing representative upon application and at the time of submitting a renewal application.

F. Driving violations as described in this section shall be reported to the licensing representative within 24 hours.

G. The provider shall not knowingly allow children to be transported by any person who has driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any other offense that places other occupants of the vehicle at risk within the previous five years.

Exception: The parents or legal guardians of a child shall not be prohibited from transporting their child as a result of this requirement unless it poses an immediate danger to the health and safety of that child.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

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