16.1-286 - Cost of maintenance; approval of placement; semiannual review.
§ 16.1-286. Cost of maintenance; approval of placement; semiannual review.
A. When the court determines that the behavior of a child within itsjurisdiction is such that it cannot be dealt with in the child's own localityor with the resources of his locality, the judge shall refer the child to thelocality's family assessment and planning team for assessment and arecommendation for services. Based on this recommendation, the court may takecustody and place the child, pursuant to the provisions of subdivision 5 of §16.1-278.4 or subdivision A 13 b of § 16.1-278.8, in a private or locallyoperated public facility, or nonresidential program with funding inaccordance with the Comprehensive Services Act for At-Risk Youth and Families(§ 2.2-5200 et seq.). No child shall be placed outside the Commonwealth by acourt without first complying with the appropriate provisions of Chapter 11(§ 63.2-1100 et seq.) of Title 63.2 or with regulations of the State Board ofSocial Services relating to resident children placed out of the Commonwealth.
The Board shall establish a per diem allowance to cover the cost of suchplacements. This allowance may be drawn from funds allocated through thestate pool of funds to the community policy and management team of thelocality where the child resides as such residence is determined by thecourt. The cost, however, shall not exceed that amount which would beincurred if the services required by the child were provided in a juvenilefacility operated by the Department of Juvenile Justice. However, when thecourt determines after an investigation and a hearing that the child's parentor other person legally obligated to provide support is financially able tocontribute to support of the child, the court may order that the parent orother legally obligated person pay, pursuant to § 16.1-290. If the parent orother obligated person willfully fails or refuses to pay such sum, the courtmay proceed against him for contempt. Alternatively, the court, afterreasonable notice to the obligor, may enter an order adjudicating that theobligor is delinquent and such order shall have the effect of a civiljudgment when duly docketed in the manner prescribed for the docketing ofother judgments for money provided.
B. The court service unit of the locality which made the placement shall beresponsible for monitoring and supervising all children placed pursuant tothis section. The court shall receive and review, at least semiannually,recommendations concerning the continued care of each child in suchplacements.
(Code 1950, § 16.1-181.1; 1976, c. 464; 1977, c. 559; 1978, c. 310; 1982, c.166; 1987, c. 667; 1989, c. 733; 1991, c. 534; 1992, cc. 732, 837, 880; 1995,cc. 696, 699; 1997, c. 347; 1999, c. 669; 2003, c. 579.)