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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
3/28/2020

22VAC40-141-180. Services to Children.

A. The provider shall arrange for necessary services, as specified in the foster care service plan or individual service plan, and as recommended by a licensed physician or other professional working with the child, where applicable. These services may include, but are not limited to:

1. Professional evaluations and counseling;

2. Educational services and tutoring; and

3. Transportation to necessary appointments and services.

Note: Individually planned interventions intended to reduce or ameliorate any diagnosed physical, mental or emotional disabilities should be performed by, in conjunction with, or under the written direction of a licensed practitioner.

B. The provider shall enroll each school-age child in school within five days after placement when school is in session.

C. The provider shall promote the child's education by:

1. Giving the child educational guidance and counseling in the child's selection of courses;

2. Establishing contact with the child's school; and

3. Working with the child's school to promote academic achievement and to resolve any problems brought to the provider's attention by the school.

D. In accordance with § 16.1-281 of the Code of Virginia, the independent foster home, as a licensed child-welfare agency, shall prepare and submit to the local juvenile and domestic relations court a foster care service plan on every child entrusted to the provider by an entrustment agreement (i) within 30 days of signing the child's entrustment agreement for placements of 90 days or more or (ii) within 60 days of signing the entrustment agreement for placements for less than 90 days, unless the child is returned to the child's parents or guardians within 60 days of placement in the independent foster home.

E. The foster care service plan shall include:

1. The reasons the child is placed with the independent foster home;

2. A summary of the child's situation at the time of placement in relation to the child's family. The summary shall include information about:

a. The child's health; and

b. The child's educational status;

3. The permanency planning goal recommended for the child, including the projected length of stay in the home;

4. A description of the needs of the child and the child's family;

5. The programs, care, services, and other support that the independent foster home will offer or arrange for the child and the child's parents or guardians to meet those needs;

6. The target dates for completion of the services provided or arranged for the child and the child's family;

7. The participation, conduct, and financial support that will be sought from and the responsibilities of the child's parents or guardians;

8. The visitation or other contacts to be held between the child and the child's parents or guardians;

9. In writing and where appropriate for children age 16 and older, the programs and services which will help the child prepare for the transition from foster care to independent living; and

10. A copy of the independent foster home license.

F. For every child placed in the independent foster home by a placing agreement, the provider, with the assistance of the parents or legal guardians, shall prepare an individualized service plan at the time of admission.

G. Copies of the child's individualized service plan shall be provided to the parents or legal guardians, to the child, if age 13 or older or upon the child's request, and a copy filed in the child's record.

H. The written individualized service plan shall:

1. Outline the services needed and those that will be provided to the child and his family; and

2. Identify the goals and objectives designed to reunite the child with his family.

I. The individualized service plan shall describe:

1. The reasons why the child is placed in the independent foster home;

2. A summary of the child's situation at the time of placement in relation to the child's family, including a statement of the child's health and educational status;

3. A description of the child's needs;

4. The goals for the child, including the projected length of placement in the independent foster home;

5. The programs, care, services and other means of support that the independent foster home will offer or the arrangements for the child and the child's parent or guardian to provide services or supports;

6. Projected dates for completion of services provided or arranged for the child;

7. Projected level of involvement of the child's parents or guardians and visitation arrangements;

8. Where appropriate for children age 16 and older, the programs and services that will help the child prepare for independent living.

J. The individualized service plan shall be updated at least every 30 days.

K. In accordance with federal and state law, the provider shall ensure that the child's health and safety are the paramount concern throughout the placement, case planning, service provision and review process.

L. If consistent with the child's health and safety, the foster care plan or individualized service plan shall be designed to support reasonable efforts which lead to the return of the child to his parents or guardians within the shortest feasible time, which shall be specified in the plan.

M. If the provider determines that it is not reasonably likely that the child can be returned to the child's prior family within a feasible time, consistent with the best interests of the child, and in a separate section of the foster care plan or individualized service plan, the provider shall:

1. Describe the reasons for this conclusion; and

2. Determine and describe the opportunities for the court to consider placing the child with a relative or for the court to refer the child and the child's family to the local department of social services for further services and permanency planning.

N. The provider shall submit the child's foster care plan or individualized service plan at the time of petitioning the local juvenile and domestic relations court for approval of the entrustment agreement or to assess the care and custody of the child, whichever is appropriate.

O. The provider shall participate in all court hearings involving the child, as long as the child is placed in the independent foster home.

P. The provider shall include:

1. The child whenever possible and appropriate to the child's age and development;

2. The parents or prior guardians of the child; and

3. Professionals involved with the child in the development of the foster care service plan or individualized service plan.

Q. The provider shall follow the requirements of § 16.1-282 related to the review of the foster care service plan and shall petition the local juvenile and domestic relations court within five months of the court's approval of the entrustment agreement or within five months of the dispositional hearing at which the initial foster care plan was reviewed.

Statutory Authority

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

Historical Notes

Derived from Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 06, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

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