Administrative Code

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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

22VAC40-141-20. Legal Authority.

A. The licensed independent foster parent is permitted by law to accept children for care who are entrusted to the provider by the parents or legal guardians or whose parents have signed a placing agreement authorizing the child's temporary placement in the independent foster home. A temporary entrustment agreement transfers custody of the child from the parents or legal guardians to the independent foster parents. A placing agreement authorizes the child's placement in the independent foster home while allowing the parents or guardians to maintain legal custody.

B. The local juvenile and domestic relations court must approve the temporary entrustment agreement if the child is to remain in the placement for more than 90 days.

C. Individuals are exempt from licensure if they only provide care to children who are born to or adopted by the individual or children of relatives or personal friends.

D. Subdivision A 4 of § 16.1-278.2 of the Code of Virginia referenced in the definition of an independent foster home refers to the placement decisions for children by local boards of social services or a public agency designated by the community policy and management team. Subdivision 6 of § 16.1-278.4 of the Code of Virginia refers to the court transfer of legal custody from the parent to another individual or agency. Subdivision 13 of § 16.1-278.8 of the Code of Virginia refers to the court's disposition of delinquent juveniles. Individuals receiving children under these provisions are not subject to licensure under this regulation.

E. Section 63.2-1734 of the Code of Virginia establishes the authority of the State Board of Social Services to promulgate regulations for the activities, services and facilities to be employed by persons and agencies required to be licensed by § 63.2-1701 of the Code of Virginia. Regulations shall be designed to ensure that such activities, services and facilities are conducive to the welfare of the children under the custody or control of such persons or agencies. Section 63.2-1712 of the Code of Virginia states that it shall be a misdemeanor to operate or engage in the activities of a child welfare agency without first obtaining a license.

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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