CODE OF VIRGINIA

ACCEPTING CHILDREN FOR PLACEMENT IN HOMES, FACILITIES, ETC., BY LOCAL BOARDS (§
63.2-900)

A. Pursuant to § 63.2-319, a local board shall have the right to accept for
placement in suitable family homes, children’s residential facilities or
independent living arrangements, subject to the supervision of the Commissioner
and in accordance with regulations adopted by the Board, such persons under 18
years of age as may be entrusted to it by the parent, parents or guardian,
committed by any court of competent jurisdiction, or placed through an agreement
between it and the parent, parents or guardians where legal custody remains with
the parent, parents, or guardians.The Board shall adopt regulations for the
provision of foster care services by local boards, which shall be directed
toward the prevention of unnecessary foster care placements and towards the
immediate care of and permanent planning for children in the custody of or
placed by local boards and that shall achieve, as quickly as practicable,
permanent placements for such children. The local board shall first seek out
kinship care options to keep children out of foster care and as a placement
option for those children in foster care, if it is in the child’s best
interests, pursuant to § 63.2-900.1. In cases in which a child cannot be
returned to his prior family or placed for adoption and kinship care is not
currently in the best interests of the child, the local board shall consider the
placement and services that afford the best alternative for protecting the
child’s welfare. Placements may include but are not limited to family
foster care, treatment foster care and residential care. Services may include
but are not limited to assessment and stabilization, diligent family search,
intensive in-home, intensive wraparound, respite, mentoring, family mentoring,
adoption support, supported adoption, crisis stabilization or other
community-based services. The Board shall also approve in foster care policy the
language of the agreement required in § 63.2-902. The agreement shall include
at a minimum a Code of Ethics and mutual responsibilities for all parties to the
agreement.Within 30 days of accepting for foster care placement a person under
18 years of age whose father is unknown, the local board shall request a search
of the Putative Father Registry established pursuant to Article 7 (§ 63.2-1249
et seq.) of Chapter 12 to determine whether any man has registered as the
putative father of the child. If the search results indicate that a man has
registered as the putative father of the child, the local board shall contact
the man to begin the process to determine paternity.The local board shall, in
accordance with the regulations adopted by the Board and in accordance with the
entrustment agreement or other order by which such person is entrusted or
committed to its care, have custody and control of the person so entrusted or
committed to it until he is lawfully discharged, has been adopted or has
attained his majority.Whenever a local board places a child where legal custody
remains with the parent, parents or guardians, the board shall enter into an
agreement with the parent, parents or guardians. The agreement shall specify the
responsibilities of each for the care and control of the child.The local board
shall have authority to place for adoption, and to consent to the adoption of,
any child properly committed or entrusted to its care when the order of
commitment or entrustment agreement between the parent or parents and the agency
provides for the termination of all parental rights and responsibilities with
respect to the child for the purpose of placing and consenting to the adoption
of the child.The local board shall also have the right to accept temporary
custody of any person under 18 years of age taken into custody pursuant to
subdivision B of § 16.1-246 or § 63.2-1517. The placement of a child in a
foster home, whether within or without the Commonwealth, shall not be for the
purpose of adoption unless the placement agreement between the foster parents
and the local board specifically so stipulates.

B. Prior to the approval of any family for placement of a child, a home study
shall be completed and the prospective foster or adoptive parents shall be
informed that information about shaken baby syndrome, its effects, and resources
for help and support for caretakers is available on a website maintained by the
Department as prescribed in regulations adopted by the Board.

C. Prior to placing any such child in any foster home or children’s
residential facility, the local board shall enter into a written agreement with
the foster parents, pursuant to § 63.2-902, or other appropriate custodian
setting forth therein the conditions under which the child is so placed pursuant
to § 63.2-902. However, if a child is placed in a children’s residential
facility licensed as a temporary emergency shelter, and a verbal agreement for
placement is secured within eight hours of the child’s arrival at the
facility, the written agreement does not need to be entered into prior to
placement, but shall be completed and signed by the local board and the facility
representative within 24 hours of the child’s arrival or by the end of the
next business day after the child’s arrival.

D. Within 72 hours of placing a child of school age in a foster care placement,
as defined in § 63.2-100, the local social services agency making such
placement shall, in writing, (i) notify the principal of the school in which the
student is to be enrolled and the superintendent of the relevant school division
or his designee of such placement, and (ii) inform the principal of the status
of the parental rights.If the documents required for enrollment of the foster
child pursuant to § 22.1-3.1, 22.1-270 or 22.1-271.2, are not immediately
available upon taking the child into custody, the placing social services agency
shall obtain and produce or otherwise ensure compliance with such requirements
for the foster child within 30 days after the child’s enrollment.

HISTORY: Code 1950, § 63-73; 1952, c. 409; 1960, c. 331; 1968, cc. 466, 578, §
63.1-56; 1975, cc. 248, 406; 1977, cc. 559, 562, 634, 645; 1978, c. 734; 1984,
c. 734; 1986, c. 281; 1991, c. 34; 1994, c. 865; 1999, c. 889; 2002, c. 747;
2004, c. 70; 2005, cc. 343, 653; 2006, c. 360; 2008, cc. 241, 308; 2010, c. 551;
2011, cc. 9, 170; 2015, c. 531.