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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 201. Permanency Services - Prevention, Foster Care, Adoption and Independent Living
11/21/2024

22VAC40-201-30. Entering foster care.

A. A child enters foster care through a court commitment, entrustment agreement, or noncustodial foster care agreement.

B. The entrustment agreement shall specify the rights and obligations of the child, the birth parent or custodian, and the local department. Entrustments shall not be used for educational purposes, to make the child eligible for Medicaid, or to obtain mental health treatment.

1. Entrustment agreements that are not for the termination of parental rights may be revoked by the birth parent or custodian or local board prior to the court's approval of the agreement.

2. Entrustment agreements that terminate parental rights shall only be entered into when the birth parent and the local board, after counseling about alternatives to permanent relinquishment, agree that voluntary relinquishment of parental rights and placement of the child for adoption are in the child's best interests. When a local board enters into a permanent entrustment agreement, the child-placing agency shall make diligent efforts to ensure the timely finalization of the adoption.

3. Submission of a petition for approval of the entrustment agreement to the juvenile and domestic relations court shall be in accordance with § 16.1-277.01 of the Code of Virginia.

C. A child may be placed in foster care by a birth parent or custodian entering into a noncustodial foster care agreement with the local department where the birth parent or custodian retains legal custody and the local department assumes placement and care of the child.

1. A noncustodial foster care agreement shall be signed by the local department and the birth parent or custodian and shall address (i) the conditions for care and control of the child and (ii) the rights and obligations of the child, birth parent or custodian, and the local department. Local departments shall enter into a noncustodial foster care agreement at the request of the birth parent or custodian when such an agreement is in the best interest of the child. When a noncustodial foster care agreement is executed, the permanency goal shall be reunification and continuation of the agreement is subject to the cooperation of the birth parent or custodian and child.

2. The plan for foster care placement through a noncustodial foster care agreement shall be submitted to the court for approval within 45 days of the child's entry into foster care. Submission of a petition for approval of a noncustodial agreement to the juvenile and domestic relations court shall be made in accordance with § 16.1-281 of the Code of Virginia.

3. When a child is placed in foster care through a noncustodial foster care agreement, all foster care requirements shall be met.

Statutory Authority

§§ 63.2-217, 63.2-319, and 63.2-900 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 2, eff. November 1, 2012; amended, Virginia Register Volume 33, Issue 8, January 11, 2017.

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