Part III. Services and Supervision
22VAC40-141-85. Temporary entrustment agreement requirements.
A. A written temporary entrustment agreement or placing agreement shall be received on every child placed directly by the child's parents or guardians in the independent foster home.
B. Prior to entering into a temporary entrustment agreement, the provider shall consider:
1. The needs of the child and whether the home can meet those needs;
2. The needs of any other children residing in the home; and
3. The impact of the individual child joining the household.
C. The temporary entrustment agreement shall be for placement of less than 180 days.
D. If the provider is aware at the time of admission that the placement will extend beyond 90 days, the provider shall petition the local juvenile and domestic relations court for approval of the entrustment agreement within 30 days of placement.
E. If the length of placement is not known at admission, the provider shall petition the court for approval as soon as the provider is aware that the placement will be for longer than 90 days.
F. Each subsequent entrustment agreement for the same child shall be considered placement for longer than 90 days and shall receive approval by the local juvenile and domestic relations court.
G. The entrustment agreement shall not extend beyond the child's 18th birthday.
H. The parents or guardians may request the return of a child at any time prior to the 90th day of placement without the court's approval.
I. The entrustment agreement shall be considered revoked upon the parents' or guardians' request.
J. If the provider opposes the request for the child to return home or to a prior custodian, the provider shall immediately file the appropriate petition with the local juvenile and domestic relations court.
K. When petitioning the local juvenile and domestic relations court for approval of an entrustment agreement, § 16.1-277.01 of the Code of Virginia requires that the licensed independent foster home, as a child welfare agency, file a foster care plan with the court.
L. The foster care plan shall meet the requirements established in § 16.1-281 of the Code of Virginia.
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.
22VAC40-141-87. Placing agreement requirements.
A. A written placing agreement or temporary entrustment agreement shall be received on every child placed directly by the child's parents or guardians in the independent foster home.
B. Prior to entering into a placing agreement, the provider shall consider:
1. The needs of the child and whether the home can meet those needs;
2. The needs of any other children residing in the home; and
3. The impact of the individual child joining the household.
C. A placing agreement shall:
1. Allow the child's parents or guardians to retain legal custody of the child during the placement in the independent foster home;
2. Be for a placement of less than 180 days. If the provider, at any time, becomes aware that the placement will exceed 179 days, the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed and to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court;
3. Include identifying information, including:
a. Proof of identity of the child;
b. The child's name;
c. Date of birth;
d. Sex; and
e. Date of placement;
4. Address the acquisition of and consent for medical treatments needed by the child and include Medicaid or other insurance information;
5. Address the rights and responsibilities of each party involved;
6. Address the responsibilities of the child's parents or legal guardians for financial support; and
7. Be signed by the child's parent or legal guardian and the foster parent no later than the child's placement in the independent foster home.
D. A placing agreement shall not extend beyond the child's 18th birthday.
E. The parents or guardians may request the return of a child at any time prior to the 180th day of a placing agreement.
F. The placing agreement shall be considered revoked upon the parents' or guardians' request.
G. Each subsequent placing agreement for the same child shall be considered an extension of the placement and whenever the child has been in the independent foster home for a total of 180 days the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 21, Issue 6, eff. February 1, 2005; amended, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.
22VAC40-141-90. Supervision of children in care.
A. The provider is responsible at all times for the safety and supervision of children placed in the home.
B. A responsible adult shall always be available to substitute in case of an emergency.
C. There shall be documentation of the name, address, telephone number of this adult, along with a signed statement of agreement to serve as a substitute.
D. Children shall be supervised in a manner which ensures that the caregiver is aware of what the children are doing at all times and can promptly assist or redirect activities when necessary.
E. In deciding how closely to supervise children, providers shall consider:
1. The ages of the children;
2. Individual differences and abilities of the children;
3. The layout of the house and play area, including neighborhood circumstances or hazards; and
4. Risk activities children are engaged in.
F. Children under the age of six and children with special needs shall be within sight or sound supervision at all times.
G. Providers shall not bathe with a child unless recommended by a physician.
H. Providers shall ensure the safety of children at all times during diapering.
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.
22VAC40-141-100. Capacity.
A. The provider shall not exceed the maximum capacity stipulated on the license.
B. The maximum number of children in an independent foster home shall be eight, including the children of the provider and any other children who reside in the home, with the following conditions: An exception may be granted by the licensing authority for sibling groups which may cause the home to exceed the licensed capacity.
1. The adult caretaker to child ratio shall be one to four for (i) preschool children during the regular waking hours and (ii) children with special needs, as indicated by a licensed physician or licensed clinical psychologist, during the regular waking hours.
2. The capacity of a home shall also be based on the physical accommodations of the home, the abilities and experience of the provider, the needs of the children already in the home and children to be placed, and the number of assistants.
3. An adult household member shall not be considered an adult caretaker unless the individual actively participates in the care and supervision of the children.
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.
22VAC40-141-110. Essentials for each child.
A. The diet for children shall be well-balanced and appropriate to the daily nutritional needs of each child.
B. Special diets shall be provided as prescribed by a physician or dentist for individual children and established religious dietary practices for each child shall be observed.
C. Clothing, towels, wash cloths, toothbrushes, combs and hair brushes, and other personal needs shall be provided for each child on an individual basis and shall be kept clean and replaced as needed.
D. Clothing shall be kept clean, in good repair, and appropriate for the age and size of each child.
E. Drinking water shall be available at all times unless prohibited by a physician's order.
F. Normal activities of daily living such as meals appropriate to the child's nutritional needs, time for sleep and rest appropriate to the child's age, bathing, etc., shall be opportunities for teaching and guiding behavior.
G. To the extent that normal activities of daily living are used to teach and guide behavior, the provider's actions shall not be extreme, unusual or abusive.
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.
22VAC40-141-120. Transportation of children.
A. The provider shall have transportation available at all times in case of an emergency.
B. Any individual who transports children shall have a valid driver's license and vehicle liability insurance.
C. Providers and any individuals who transport children shall assure that all passengers use safety belts and child restraint devices in accordance with Virginia law.
D. The provider and assistant transporting children shall not have driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any offense which places other occupants of the vehicle at risk within the five years prior to the application, and thereafter as a condition of continued licensure.
E. A copy of the provider's and the assistant's driving record shall be provided to the licensing representative upon application and at the time of submitting a renewal application.
F. Driving violations as described in this section shall be reported to the licensing representative within 24 hours.
G. The provider shall not knowingly allow children to be transported by any person who has driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any other offense that places other occupants of the vehicle at risk within the previous five years.
Exception: The parents or legal guardians of a child shall not be prohibited from transporting their child as a result of this requirement unless it poses an immediate danger to the health and safety of that child.
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.
22VAC40-141-130. Medical care of children.
A. The provider shall have the name, address and telephone number of each child's physician easily accessible.
B. The provider shall have first aid supplies easily accessible to adults in the home, but not accessible to children under the age of 13.
C. First aid supplies shall include:
1. Scissors;
2. Tweezers;
3. Sterile nonstick gauze pads;
4. Adhesive bandages in assorted sizes;
5. A sealed package of alcohol wipes or antiseptic cleansers;
6. A thermometer;
7. A chemical cold pack if an ice pack is not available;
8. First aid instruction manual or cards;
9. An insect bite or sting preparation;
10. One triangular bandage;
11. Current activated charcoal and syrup of ipecac to be used only when instructed by the regional poison control center or child's physician;
12. Flexible roller or stretch gauze;
13. Disposable nonporous gloves; and
14. An eye dressing or pad.
D. The provider shall receive medical history information, including:
1. Immunizations received; and
2. Documentation for each child at the time of placement of a physical examination of the child completed within 90 days before placement, or the child shall receive a physical examination within 30 days after placement. The current form required by the Virginia Department of Health or any other form which provides the same information to report immunizations received and the results of the physical examination shall be used.
Exception: If a child's parent objects to the child receiving immunizations or a physical examination on religious grounds, the parent must submit a signed statement noting the objection on religious grounds and certifying to the best of the parent's knowledge, the status of the child's health.
E. The provider shall ensure that the child receives necessary medical care and follow-up.
F. The provider shall:
1. Give prescription drugs to children in care only in accordance with an order signed by a licensed physician or authentic prescription label; and
2. Keep all prescription and nonprescription medications inaccessible to children under the age of 13 and stored as instructed by the physician or pharmacist.
a. The provider shall keep in the child's record daily documentation of all prescription and nonprescription medication administered to a child in care.
Exception: Providers are not required to record the amount of diaper ointment or sunscreen applied.
b. Out-of-date and unused medications shall be properly discarded or returned to the child's parent or guardian.
G. The provider may permit self-administration of medication by a child in care if:
1. The child is physically and mentally capable of properly taking medication without assistance.
2. The provider maintains a written statement from the parent or a physician documenting the child's capacity to take medication without assistance.
3. The provider assures that the child's medications and any other medical supplies are not accessible to children under the age of 13.
H. The provider shall report all major illnesses, injuries, accidents, missing children, the death of a child, and any placement of a child outside of the foster home within 24 hours to:
1. The licensing representative; and
2. The child's parent.
I. If the provider is not able to contact the parent or guardian, attempted contacts shall be documented.
J. The provider shall receive written authorization for routine and emergency medical and dental care for each child.
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.
22VAC40-141-140. Disease prevention.
A. Children's hands shall be washed with soap and water before eating meals or snacks, after toileting, and after any contact with body fluids.
B. The provider and assistant shall wash their hands with soap or a germicidal cleansing agent after:
1. Diapering a child;
2. Helping a child with toileting, personal toileting, any contact with body fluids; and
3. Before handling food, feeding or helping a child with feeding.
C. When a child's clothing or diaper becomes wet or soiled, it shall be changed immediately.
D. When a child's diaper is changed, the soiled area shall be thoroughly cleaned with a disposable wipe.
E. Surfaces used for changing diapers shall be used for that purpose alone.
F. Diapering surfaces shall be washed with soap and water or a germicidal agent after each use.
G. The provider shall keep surfaces for preparing and eating food sanitary.
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 22, Issue 10, eff. February 22, 2006.
22VAC40-141-150. Discipline of children.
A. Discipline shall be constructive in nature and emphasize positive approaches to managing the child's behavior.
1. The provider shall establish rules and expectations that encourage and teach desired behaviors and discourage undesired behavior.
2. The provider shall explain the house rules and expectations and the behavior management approach to each child who is old enough to understand.
B. There shall be no physical punishment, rough play or severe disciplinary action administered to the body such as, but not limited to, spanking, striking or hitting with a part of the body or an implement, pinching, pulling or roughly handling a child, shaking a child, forcing a child to assume an uncomfortable position (e.g., standing on one foot, keeping arms raised above or horizontal to the body), restraining to restrict movement through binding or tying, enclosing in a confined space, or using exercise as punishment.
C. Physical restraint shall not be used on children in care. "Physical restraint" means restraining a child's body movements by means of "physical crisis intervention techniques" or a therapeutic intervention utilizing adult physical contact only, as a short-term, emergency means of managing out-of-control behavior. It is not intended to mean everyday, commonly-accepted parenting practices and interventions such as holding a child to prevent falling or crossing into the path of a moving vehicle, or holding a child's hand to prevent placing it on a hot stove, etc.
D. The provider shall not:
1. Make threats;
2. Make belittling remarks about any child, the child's family, the child's race, religion, or cultural background;
3. Use profanity; or
4. Make other statements that are frightening or humiliating to the child.
E. When separation or time-out is used as a discipline technique, it shall be brief and appropriate to the child's developmental level and circumstances.
F. The child who is separated from others shall be:
1. In a safe, lighted, and well-ventilated place;
2. Not confined or locked in a room or compartment; and
3. Within hearing and vision of the provider or assistant at all times if under the age of 13 or diagnosed with special needs.
G. Children age 13 and older shall be within hearing or vision of the provider or assistant at all times when separated from others for disciplinary reasons.
H. Children under the age of 13 or those with special needs shall not be placed in time-out for periods of time exceeding one minute for each year of age.
I. Time-out shall not be used for children under two years of age.
J. The provider shall not subject children to cruel, severe, humiliating, or unusual actions.
K. The provider shall not delegate discipline or permit punishment of a child by another child or by an adult not known to the child.
L. The provider shall not deny a child contact or visits with his family as a method of discipline.
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.
22VAC40-141-160. Activities for children.
A. The provider shall provide daily indoor and outdoor recreational and other activities appropriate to the needs, interests, and abilities of the children in care.
B. Each child shall also be permitted to have individual free time as appropriate to the child's age and ability.
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 22, Issue 10, eff. February 22, 2006.
22VAC40-141-170. Abuse and neglect reporting responsibilities of providers.
A. The provider shall immediately report any suspected abuse and neglect of any child in care to child protective services and to the licensing representative.
B. The provider shall comply with § 63.2-1509 of the Code of Virginia.
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.
22VAC40-141-180. Services to children.
A. The provider shall arrange for necessary services, as specified in the foster care service plan or individual service plan, and as recommended by a licensed physician or other professional working with the child, where applicable. These services may include, but are not limited to:
1. Professional evaluations and counseling;
2. Educational services and tutoring; and
3. Transportation to necessary appointments and services.
Note: Individually planned interventions intended to reduce or ameliorate any diagnosed physical, mental or emotional disabilities should be performed by, in conjunction with, or under the written direction of a licensed practitioner.
B. The provider shall enroll each school-age child in school within five days after placement when school is in session.
C. The provider shall promote the child's education by:
1. Giving the child educational guidance and counseling in the child's selection of courses;
2. Establishing contact with the child's school; and
3. Working with the child's school to promote academic achievement and to resolve any problems brought to the provider's attention by the school.
D. In accordance with § 16.1-281 of the Code of Virginia, the independent foster home, as a licensed child-welfare agency, shall prepare and submit to the local juvenile and domestic relations court a foster care service plan on every child entrusted to the provider by an entrustment agreement (i) within 30 days of signing the child's entrustment agreement for placements of 90 days or more or (ii) within 60 days of signing the entrustment agreement for placements for less than 90 days, unless the child is returned to the child's parents or guardians within 60 days of placement in the independent foster home.
E. The foster care service plan shall include:
1. The reasons the child is placed with the independent foster home;
2. A summary of the child's situation at the time of placement in relation to the child's family. The summary shall include information about:
a. The child's health; and
b. The child's educational status;
3. The permanency planning goal recommended for the child, including the projected length of stay in the home;
4. A description of the needs of the child and the child's family;
5. The programs, care, services, and other support that the independent foster home will offer or arrange for the child and the child's parents or guardians to meet those needs;
6. The target dates for completion of the services provided or arranged for the child and the child's family;
7. The participation, conduct, and financial support that will be sought from and the responsibilities of the child's parents or guardians;
8. The visitation or other contacts to be held between the child and the child's parents or guardians;
9. In writing and where appropriate for children age 16 and older, the programs and services which will help the child prepare for the transition from foster care to independent living; and
10. A copy of the independent foster home license.
F. For every child placed in the independent foster home by a placing agreement, the provider, with the assistance of the parents or legal guardians, shall prepare an individualized service plan at the time of admission.
G. Copies of the child's individualized service plan shall be provided to the parents or legal guardians, to the child, if age 13 or older or upon the child's request, and a copy filed in the child's record.
H. The written individualized service plan shall:
1. Outline the services needed and those that will be provided to the child and his family; and
2. Identify the goals and objectives designed to reunite the child with his family.
I. The individualized service plan shall describe:
1. The reasons why the child is placed in the independent foster home;
2. A summary of the child's situation at the time of placement in relation to the child's family, including a statement of the child's health and educational status;
3. A description of the child's needs;
4. The goals for the child, including the projected length of placement in the independent foster home;
5. The programs, care, services and other means of support that the independent foster home will offer or the arrangements for the child and the child's parent or guardian to provide services or supports;
6. Projected dates for completion of services provided or arranged for the child;
7. Projected level of involvement of the child's parents or guardians and visitation arrangements;
8. Where appropriate for children age 16 and older, the programs and services that will help the child prepare for independent living.
J. The individualized service plan shall be updated at least every 30 days.
K. In accordance with federal and state law, the provider shall ensure that the child's health and safety are the paramount concern throughout the placement, case planning, service provision and review process.
L. If consistent with the child's health and safety, the foster care plan or individualized service plan shall be designed to support reasonable efforts which lead to the return of the child to his parents or guardians within the shortest feasible time, which shall be specified in the plan.
M. If the provider determines that it is not reasonably likely that the child can be returned to the child's prior family within a feasible time, consistent with the best interests of the child, and in a separate section of the foster care plan or individualized service plan, the provider shall:
1. Describe the reasons for this conclusion; and
2. Determine and describe the opportunities for the court to consider placing the child with a relative or for the court to refer the child and the child's family to the local department of social services for further services and permanency planning.
N. The provider shall submit the child's foster care plan or individualized service plan at the time of petitioning the local juvenile and domestic relations court for approval of the entrustment agreement or to assess the care and custody of the child, whichever is appropriate.
O. The provider shall participate in all court hearings involving the child, as long as the child is placed in the independent foster home.
P. The provider shall include:
1. The child whenever possible and appropriate to the child's age and development;
2. The parents or prior guardians of the child; and
3. Professionals involved with the child in the development of the foster care service plan or individualized service plan.
Q. The provider shall follow the requirements of § 16.1-282 related to the review of the foster care service plan and shall petition the local juvenile and domestic relations court within five months of the court's approval of the entrustment agreement or within five months of the dispositional hearing at which the initial foster care plan was reviewed.
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.