Part II. General Requirements for Providers
22VAC40-141-30. General requirements.
A. Children placed in independent foster homes by their parents or legal guardian shall not remain in care longer than 180 days.
Exception: A child's placement in the independent foster home may exceed 180 days for reasons of parental illness/recuperation or military deployment if that was the reason for the placement and the provider refers the child to the local department of social services and makes a request for an assessment of the care and custody of the child to determine if additional services or evaluations are necessary.
B. For a child placed in the independent foster home by a temporary entrustment agreement, if it appears that the child cannot be returned to the child's parent or guardian within 90 days of the date of placement, the provider shall petition the local juvenile and domestic relations court within 30 days of placement to request an assessment of the care and custody of the child.
C. Providers shall be at least 21 years of age.
D. Providers shall have either a bachelor's degree in a field related to family services, child care and development, social work or education or a high school diploma or a G.E.D. and at least one year of experience providing care to children in the age range to be placed in the home.
E. Providers who accept children with special needs shall have experience or training directly relevant to the developmental levels and special needs of the children in care.
F. The provider shall be responsible for the home's day-to-day operation and for meeting licensing requirements.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.
22VAC40-141-40. Background checks.
A. The applicant for licensure, the provider, assistant and adult household members, and any other adult who is involved in the day-to-day operations of the independent foster home or will be alone with, in control of, or supervising one or more children placed in the home shall receive and provide to the licensing representative:
1. The results of a criminal history record check conducted by the Virginia State Police through the Central Criminal Records Exchange and shall not have an offense as described in § 63.2-1719 of the Code of Virginia;
2. The results of a search of Virginia's Child Protective Services central registry and shall not have a founded child abuse or neglect record; and
3. A sworn disclosure statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether the person has been the subject of any founded complaint of child abuse or neglect within or outside the Commonwealth.
B. The provider shall not permit a known sex offender to reside in the home or to have contact with the children in care.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.
22VAC40-141-50. References and employment history.
A. The provider shall provide three references with the initial application from unrelated persons who have knowledge of the provider's character and reputation and ability, skill and experience in the provision of services to children.
B. The provider shall submit information on the provider's employment history.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999.
22VAC40-141-60. Assessment of knowledge, skills and abilities.
A. The provider and any assistants left alone with children shall be able to speak, read, and write in English sufficient to understand and carry out the responsibilities and requirements of this chapter to ensure the care, safety, and protection of children.
B. The provider and assistant shall be knowledgeable about and physically and mentally capable of providing the necessary care for children.
C. The provider and assistant shall be able to sustain positive and constructive relationships with children in care; shall relate to children with respect, courtesy, patience and affection; and shall demonstrate an understanding and respect for the families of children in care.
D. The provider and assistant shall be capable of handling emergencies with dependability and good judgment.
E. The provider shall have the financial income to meet the basic needs of the provider's own family as well as to meet the needs of each child in placement if the parents are unable to pay for the child's care.
F. The provider shall have knowledge, skills and abilities in parenting skills and behavior management of children in the age or special needs group of the children to be placed with the provider.
G. The provider and assistant shall respect the confidentiality of the child and his family in accordance with § 63.2-104 of the Code of Virginia.
H. The provider and assistant shall be responsible, of good character and reputation and shall display behavior that demonstrates stability and maturity.
I. The provider shall demonstrate marital stability, if married.
J. The provider shall complete the required Home Study Assessment form provided by the department and submit the completed form with the initial application for licensure.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.
22VAC40-141-70. Training.
A. When such training is available from the Department of Social Services, local departments of social services, or licensed child-placing agencies, the provider shall complete an initial foster parent orientation and training session within the first six months of initial licensure.
B. The provider, any assistants, and any other adult expected to be alone in the home with children shall receive, prior to licensure or employment, certification in first aid and cardiopulmonary resuscitation appropriate to the age of children in care, from an approved source such as the American Red Cross, the American Heart Association, National Safety Council or an equivalent resource approved by the department.
C. The provider, assistant, and any other adult expected to be alone in the home with children shall maintain current certificates in first aid and cardiopulmonary resuscitation, appropriate to the age of children in care, from an approved source such as the American Red Cross, the American Heart Association, the National Safety Council or an equivalent resource approved by the department.
D. The provider shall attend at least 20 hours of related training each year. The provider shall maintain documentation of training attended.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.
22VAC40-141-80. Medical requirements for provider, assistant and household members.
A. Within 90 days prior to the initial application, the applicant for licensure as an independent foster home provider, each assistant and each adult member of the household shall undergo an assessment for risk of tuberculosis infection and disease.
1. The applicant shall provide documentation from the health department, a physician, or a physician's designee that each individual is "free from tuberculosis in a communicable form."
2. Individuals needing additional testing to determine the absence of tuberculosis in a communicable form shall obtain a tuberculin skin test and:
a. The statement shall include the type of test used, the date of the test, and the test results.
b. The statement shall be signed and dated by a physician, the physician's designee, or an official of a local health department.
B. If an individual is not able to receive a tuberculin test for health reasons, this shall be documented by a physician.
1. The physician's statement shall also include the date when the test can be safely administered.
2. The individual shall obtain the tuberculin test no later than 30 days after the date indicated by the physician.
C. An individual who had a positive reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis shall obtain chest x-rays on an annual basis for the following two years.
1. The statement shall document the date of the x-rays.
2. The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.
D. Any individual who, upon examination or as a result of tests, shows indication of communicable tuberculosis or a physical condition that may jeopardize the safety of children in care shall be removed from contact with children and, where indicated, from food served to children.
E. Contact may resume when a licensed physician certifies that the risk to children has been eliminated or substantially reduced.
F. The provider, any assistants, and any adult household members shall undergo subsequent screening or testing, as appropriate, every two years thereafter.
G. Any individual who comes in contact with a known case of tuberculosis or develops chronic respiratory symptoms shall, within 30 days of exposure or development, receive an evaluation to indicate the absence of tuberculosis in a communicable form.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.