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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

22VAC40-141-30. General requirements.

A. Children placed in independent foster homes by their parents or legal guardian shall not remain in care longer than 180 days.

Exception: A child's placement in the independent foster home may exceed 180 days for reasons of parental illness/recuperation or military deployment if that was the reason for the placement and the provider refers the child to the local department of social services and makes a request for an assessment of the care and custody of the child to determine if additional services or evaluations are necessary.

B. For a child placed in the independent foster home by a temporary entrustment agreement, if it appears that the child cannot be returned to the child's parent or guardian within 90 days of the date of placement, the provider shall petition the local juvenile and domestic relations court within 30 days of placement to request an assessment of the care and custody of the child.

C. Providers shall be at least 21 years of age.

D. Providers shall have either a bachelor's degree in a field related to family services, child care and development, social work or education or a high school diploma or a G.E.D. and at least one year of experience providing care to children in the age range to be placed in the home.

E. Providers who accept children with special needs shall have experience or training directly relevant to the developmental levels and special needs of the children in care.

F. The provider shall be responsible for the home's day-to-day operation and for meeting licensing requirements.

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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