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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
3/29/2020

22VAC40-141-87. Placing Agreement Requirements.

A. A written placing agreement or temporary entrustment 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 placing 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. A placing agreement shall:

1. Allow the child's parents or guardians to retain legal custody of the child during the placement in the independent foster home;

2. Be for a placement of less than 180 days. If the provider, at any time, becomes aware that the placement will exceed 179 days, the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed and to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court;

3. Include identifying information, including:

a. Proof of identity of the child;

b. The child's name;

c. Date of birth;

d. Sex; and

e. Date of placement;

4. Address the acquisition of and consent for medical treatments needed by the child and include Medicaid or other insurance information;

5. Address the rights and responsibilities of each party involved;

6. Address the responsibilities of the child's parents or legal guardians for financial support; and

7. Be signed by the child's parent or legal guardian and the foster parent no later than the child's placement in the independent foster home.

D. A placing agreement shall not extend beyond the child's 18th birthday.

E. The parents or guardians may request the return of a child at any time prior to the 180th day of a placing agreement.

F. The placing agreement shall be considered revoked upon the parents' or guardians' request.

G. Each subsequent placing agreement for the same child shall be considered an extension of the placement and whenever the child has been in the independent foster home for a total of 180 days the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court.

Statutory Authority

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

Historical Notes

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

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