Code of Virginia

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Code of Virginia
Title 63.2. Welfare (Social Services)
Chapter 9. Foster Care
8/5/2020

§ 63.2-906.1. Qualified residential treatment programs.

A. In cases in which a child is placed by a local board or licensed child-placing agency in a qualified residential treatment program as defined in § 63.2-100, the foster care plan shall include (i) a description of the reasonable and good faith efforts made by the local department to identify and include on the child's family and permanency team all appropriate biological relatives, fictive kin, professionals, and, if the child is 14 years of age or older, members of the child's case planning team that were selected by the child in accordance with subsection A of § 16.1-281; (ii) contact information for all members of the child's family and permanency team and for other family members and fictive kin; (iii) evidence that all meetings of the family and permanency team are held at a time and place convenient for the child's family; (iv) if reunification is the goal for the child, evidence demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team; (v) the assessment report prepared pursuant to clause (viii) of the definition of qualified residential treatment program set forth in § 63.2-100 and evidence that such assessment was conducted in conjunction with the child's family and permanency team; (vi) the placement preferences of the child and the family and permanency team with recognition that the child should be placed with his siblings unless the court finds that such placement is contrary to the best interest of the child; and (vii) if the placement preferences of the child and the family and permanency team differ from the placement recommended in the assessment report prepared pursuant to clause (viii) of the definition of qualified residential treatment program set forth in § 63.2-100, the reasons why the preferences of the child and the family and permanency team were not recommended.

B. In all cases in which a child is placed by a local board or licensed child-placing agency in a qualified residential treatment program as defined in § 63.2-100, a hearing shall be held in accordance with the provisions of subsection E of § 16.1-281 within 60 days of such placement.

C. If any child 13 years of age or older is placed in a qualified residential treatment program for more than 12 consecutive months or 18 nonconsecutive months, or any child 12 years of age or younger is placed in a qualified residential treatment program for more than six consecutive or nonconsecutive months, the Commissioner shall submit to the federal Secretary of Health and Human Services (i) the most recent versions of the evidence and documentation required under subdivision E 2 of § 16.1-281 and (ii) a written approval, signed by the Commissioner, for the continued placement of the child in the qualified residential treatment program.

2019, cc. 282, 688.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.