Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
3/29/2020

Chapter 221. Additional Daily Supervision Rate Structure

22VAC40-221-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Additional daily supervision" or "ADS" means a child's need for increased supervision and support. ADS is the basis for determining if an enhanced maintenance payment to a foster parent or an adoptive parent entering into an adoption assistance agreement is needed. The need for ADS is also the basis for increased expectations for the child-placing agency and the foster parent or the adoptive parent prior to the finalization of the adoption in meeting the needs of the child.

"Adoption assistance" means a money payment or services provided to adoptive parents on behalf of a child with special needs.

"Adoption assistance agreement" means a written agreement between the local department of social services (LDSS) and the adoptive parent that is binding on both parties and includes maintenance and, when applicable, additional daily supervision, Medicaid, services and nonrecurring fees.

"Adoptive placement" means the placement of a child for the purposes of adoption in a home with a signed adoptive placement agreement.

"ADS emergency placement" means the sudden, unplanned, or unexpected placement of a child who needs immediate care in a foster home and the placement occurs prior to the agency obtaining adequate information regarding the child's needs. ADS emergency placements require the foster parent to provide increased supervision and support to ensure the child's safety.

"Child-placing agency" means any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § 63.2-1819 of the Code of Virginia or a local board that places children in foster homes or adoptive homes pursuant to § 63.2-900, 63.2-903, or 63.2-1221 of the Code of Virginia. Officers, employees, or agents of the Commonwealth, or any locality, acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.

"CRAFFT" means Community Resource, Adoptive, and Foster Family Training. CRAFFT specialists are available to local departments of social services to provide assistance regarding training for foster families.

"Department" means the Virginia Department of Social Services.

"Enhanced maintenance payment" means the payment made to a foster parent over and above the basic foster care maintenance payment or to an adoptive parent when the adoption assistance agreement is negotiated. It is based on the needs of the child for additional daily supervision as identified by the uniform rate assessment tool.

"Foster care maintenance payment" means payments to cover the cost of food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child was enrolled at the time of placement.

"LDSS" means the local department of social services.

"Licensed" means licensed child-placing agencies; entities licensed by the Department of Behavioral Health and Developmental Services; licensed behavioral health professionals or behavioral health professionals working under the direct supervision of a licensed behavioral health professional.

"Treatment foster care" or "TFC" means a community-based program where services are designed to address the special needs of children and families. Services to children and youth are delivered primarily by treatment foster parents who are trained, supervised, and supported by agency staff. Treatment is primarily foster family based.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-20. Administration of the uniform rate assessment tool.

A. A department approved uniform rate assessment tool shall be used to determine the additional daily supervision component of the foster care maintenance payment or the adoption assistance payment. Use of the rate assessment tool shall be applied consistently regardless of the child's maintenance funding source.

1. The LDSS having care and responsibility for the child is responsible to ensure the tool is completed with input from a child-specific team of individuals who are knowledgeable about the child's characteristics.

2. The team shall include the caseworker, foster or adoptive parents, and an individual trained to administer the rate assessment tool. Other individuals with knowledge of the child shall be invited to participate in the meeting or provide input about the child's needs. This shall include family members and the child as appropriate, other significant individuals in the child's social support network, the private child-placing agency staff involved in the care of the child, and other providers.

3. LDSS staff or other public child-serving agency individuals may be trained in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011 to administer the tool.

4. The child's assigned caseworker, foster or adoptive parents, or private agency staff shall not administer the tool.

5. The rate assessment tool shall be administered according to the following criteria and in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011:

a. If the child is to be placed in a TFC home;

b. If the LDSS chooses to make enhanced maintenance payments for children in non-TFC homes;

c. At the time an adoption assistance agreement is negotiated when the child's needs prior to negotiating and signing the agreement indicate a need for ADS. A re-administration of the tool is not required if the adoption assistance agreement is signed within three months of a prior ADS assessment.

6. The rate assessment tool shall be re-administered:

a. When requested and there is evidence of significant behavioral, emotional, or medical changes and four or more weeks of additional support have become necessary to maintain the child in the home.

(1) Once requested, the rate assessment tool must be administered within 14 calendar days.

(2) If the rate assessment tool indicates a need for an increase or decrease in ADS, the increase or decrease takes effect on the first day of the subsequent month.

b. No more often than quarterly for any child unless the previously stated criteria apply.

c. A minimum of once per year.

B. The individual administering the rate assessment tool shall:

1. Consider all input from all sources regarding the characteristics of the child and will rate each item on the tool;

2. Make the final decision as to how to rate a child's characteristics based on the evidence as presented;

3. Issue a final score on the tool within five business days of the meeting; and

4. Share a copy of the scored tool with the foster or adoptive parents and, if requested, review the tool with them.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-25. Determining the enhanced maintenance rate.

The child-specific team shall consider the services provided to the child that reduce or eliminate any direct additional supervision or support provided to the child by the foster parent and reduce the enhanced maintenance payment based on these services.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-30. Child-placing agency requirements.

A. The child-placing agency that approved the home shall have face-to-face contacts with the foster parents at least monthly. Child-placing agencies may contract with licensed providers to conduct the in-home contacts with the foster parent.

B. Child-placing agencies shall have an appointed case worker on call and available to make face-to-face contact if necessary to provide services to the child and the foster family 24 hours per day, seven days per week.

1. Child-placing agencies may contract with licensed providers to perform this service.

2. Supervisory consultation to the on-call worker shall be available 24 hours per day, seven days per week and may be a service obtained through a contract with a licensed provider.

C. The child-placing agency shall monitor and document the contractor's performance if they choose to contract out the activities in subsections A and B of this section in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011.

D. Additional training shall be provided to the foster parents receiving an enhanced maintenance payment based on the needs of the foster parent and the children in care. Foster parents and adoptive parents prior to finalization of the adoption receiving enhanced maintenance payments shall be consulted on their training needs.

E. The foster care service plans developed for a child for whom enhanced maintenance is paid shall include but not be limited to:

1. Measurable goals, objectives, and strategies for the foster or adoptive parent and the child-placing agency in addressing the identified needs of the child;

2. Provisions for providing training for the foster or adoptive parents consistent with the identified needs of the child;

3. Provisions for services to prevent placement disruption and maintain a stable placement; and

4. The method developed jointly by the child-placing agency and the foster or adoptive parent to document the child's progress.

F. This section is not applicable in cases where a final order of adoption has been issued.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-40. Foster and adoptive home requirements.

A. The requirements for foster parents or adoptive parents, prior to a finalized adoption, receiving an ADS payment shall include but not be limited to:

1. Working with the child-placing agency to identify and participate in targeted training necessary to meet the support and supervision needs of the child;

2. Actively participating in the development and implementation of the foster care service plan;

3. Agreeing to accept and participate in services to prevent placement disruption; and

4. Monitoring and documenting the child's progress based on a schedule and in a format developed in consultation with the child-placing agency.

B. This section is not applicable in cases once a final order of adoption has been issued.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-50. ADS emergency placement.

Enhanced maintenance payments for the initial emergency placement of a child shall be based on a per diem not to exceed $1,600 per month.

1. The department may change the maximum per diem for initial emergency placements upon approval from the State Board of Social Services.

2. The enhanced maintenance payment per diem for the initial emergency placement includes the day the uniform rate assessment tool is administered to determine the on-going enhanced maintenance rate.

3. The rate assessment tool shall be administered within 60 calendar days of the initial emergency placement of a child.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-60. Reviews.

A representative of the child, including the foster parent or guardian ad litem, may request a review of the results of the rate assessment tool by the director of the LDSS that holds custody, if he feels the tool did not correctly identify the needs of the child. The director may not adjust the rate but may request a new assessment.

1. The representative shall have five business days to request a review.

2. The LDSS director or designee has 15 business days to conduct an administrative review of the request and may concur with the original decision or may order a new administration of the tool. The re-administration may occur by phone or videoconferencing.

3. The individual administering the rate assessment tool has 10 business days to re-administer the tool if requested by the director.

4. If the re-administration of the tool indicates a higher or lower payment rate, that rate shall take effect on the first day of the subsequent month.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

22VAC40-221-70. Post-finalized adoptions.

Enhanced maintenance payments shall be made available to adoptive parents after the adoption has been finalized pursuant to the department's Child and Family Services Manual, Chapter E Foster Care, Section 17, April 2013.

1. The adoptive parent shall be required to submit an application for renegotiation of their adoption assistance agreement.

2. The documented needs of the child shall be the basis for a decision to provide an enhanced maintenance payment or a services payment.

3. Enhanced maintenance payments shall be documented in an adoption assistance agreement addendum.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 673.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

Documents Incorporated by Reference (22VAC40-221)

Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011

Child and Family Services Manual, Chapter E Foster Care, Section 17, April 2013



Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.