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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
12/26/2024

22VAC40-141-85. Temporary entrustment agreement requirements.

A. A written temporary entrustment agreement or placing agreement shall be received on every child placed directly by the child's parents or guardians in the independent foster home.

B. Prior to entering into a temporary entrustment agreement, the provider shall consider:

1. The needs of the child and whether the home can meet those needs;

2. The needs of any other children residing in the home; and

3. The impact of the individual child joining the household.

C. The temporary entrustment agreement shall be for placement of less than 180 days.

D. If the provider is aware at the time of admission that the placement will extend beyond 90 days, the provider shall petition the local juvenile and domestic relations court for approval of the entrustment agreement within 30 days of placement.

E. If the length of placement is not known at admission, the provider shall petition the court for approval as soon as the provider is aware that the placement will be for longer than 90 days.

F. Each subsequent entrustment agreement for the same child shall be considered placement for longer than 90 days and shall receive approval by the local juvenile and domestic relations court.

G. The entrustment agreement shall not extend beyond the child's 18th birthday.

H. The parents or guardians may request the return of a child at any time prior to the 90th day of placement without the court's approval.

I. The entrustment agreement shall be considered revoked upon the parents' or guardians' request.

J. If the provider opposes the request for the child to return home or to a prior custodian, the provider shall immediately file the appropriate petition with the local juvenile and domestic relations court.

K. When petitioning the local juvenile and domestic relations court for approval of an entrustment agreement, § 16.1-277.01 of the Code of Virginia requires that the licensed independent foster home, as a child welfare agency, file a foster care plan with the court.

L. The foster care plan shall meet the requirements established in § 16.1-281 of the Code of Virginia.

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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