Administrative Code

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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

22VAC40-201-35. Reentry into foster care from commitment.

A. In the event the child was in the custody of the local board immediately prior to his commitment to the Department of Juvenile Justice (DJJ) and has not attained the age of 18 years, the local board shall resume custody upon the child's release from commitment, unless an alternative arrangement for the custody of the child has been made and communicated in writing to DJJ. At least 90 days prior to the child's release from commitment on parole supervision the local department shall consult with the court service unit on the child's return to the locality and collaborate to develop a foster care plan that prepares the child for successful transition back to the custody of the local department or to an alternative custody arrangement, if applicable. The plan shall identify services necessary for the transition and how the services are to be provided. If an alternative custody arrangement has been identified, such arrangement shall be described in the foster care plan to be considered and approved by the court. Any transfer of custody of the child must be by order of the court.

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

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 33, Issue 8, eff. January 11, 2017; amended, Virginia Register Volume 35, Issue 5, eff. December 1, 2018.

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