Virginia Law

A. A child, youth, or family with a child shall be eligible for funding through the state pool of funds if it is determined through the use of the uniform assessment instrument approved by the State Executive Council for Children's Services as provided for in subdivision D 11 of § 2.2-2648 and in accordance with the policies of the community policy and management team that the child or youth:

1. Has emotional or behavior problems that:

a. Have persisted over a significant period of time or, though only in evidence for a short period of time, are of such a critical nature that intervention is warranted;

b. Are significantly disabling and are present in several community settings, such as at home, in school, or with peers;

c. Require services or resources that are unavailable or inaccessible, or that are beyond the normal agency services or routine collaborative processes across agencies, or require coordinated interventions by at least two agencies; and

d. Have resulted in the child or youth, or place the child or youth at imminent risk of, entering purchased residential care;

Requires placement for purposes of special education in approved private school educational programs or for transitional services as set forth in subdivision B 7 of § 2.2-5211;

3. Requires foster care services as defined in § 63.2-905; or

4. Has been determined by either a juvenile and domestic relations district court or a family assessment and planning team to be a child in need of services as defined in § 16.1-228.

B. For purposes of determining eligibility for the state pool of funds, "child" or "youth" means (i) a person younger than 18 years of age or (ii) any individual who is otherwise eligible for mandated services of the participating state agencies, including special education and foster care services.

1992, cc. 837, 880, § 2.1-758; 1994, c. 865; 1999, c. 669; 2001, c. 844; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71; 2025, c. 503.