Administrative Code

Virginia Administrative Code
3/5/2024

Article I. Permanent Foster Care

22VAC40-131-390. Applicability.

Article I
Permanent Foster Care

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide permanent foster care services shall also comply with the requirements of this article.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-400. Children placed in permanent foster care.

A. For a child placed in a permanent foster care placement, the licensee shall comply with the provisions of § 63.2-908 of the Code of Virginia.

B. The licensee shall have the authority to place a child in a permanent foster care placement under the following conditions:

1. Pursuant to a court order;

2. Legal custody of the child is retained by the licensee;

3. The placement is appropriate to meet the needs of the child; and

4. A written permanent foster care agreement signed by the licensee and the foster care parent documents the understanding and expectation the child will remain in the placement:

a. Until he reaches 18 years of age unless the court modifies the order or the child is removed from the foster home pursuant to § 16.1-251 or 63.2-1517 of the Code of Virginia; or

b. If he is between the ages of 18 and 21; participates in an educational, treatment or training program approved pursuant to regulations of the State Board; and his permanent foster care placement is a requisite to funds being provided for his care.

C. The child placed in a permanent foster care placement shall have available to him and receive, as needed, the same services as a child who is not placed in permanent foster care would receive.

D. The licensee shall follow the standards of this chapter for approving, monitoring, and re-evaluating foster care homes.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

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