63.2-900 - Accepting children for placement in homes, facilities, etc., by local boards.
§ 63.2-900. Accepting children for placement in homes, facilities, etc., bylocal boards.
A. Pursuant to § 63.2-319, a local board shall have the right to accept forplacement in suitable family homes, children's residential facilities orindependent living arrangements, subject to the supervision of theCommissioner and in accordance with regulations adopted by the Board, suchpersons under 18 years of age as may be entrusted to it by the parent,parents or guardian, committed by any court of competent jurisdiction, orplaced through an agreement between it and the parent, parents or guardianswhere legal custody remains with the parent, parents, or guardians.
The Board shall adopt regulations for the provision of foster care servicesby local boards, which shall be directed toward the prevention of unnecessaryfoster care placements and towards the immediate care of and permanentplanning for children in the custody of or placed by local boards and thatshall achieve, as quickly as practicable, permanent placements for suchchildren. The Board shall also approve in foster care policy the language ofthe agreement required in § 63.2-902. The agreement shall include at aminimum a Code of Ethics and mutual responsibilities for all parties to theagreement. The local board shall first seek out kinship care options to keepchildren out of foster care and as a placement option for those children infoster care, if it is in the child's best interest, pursuant to § 63.2-900.1.
The local board shall, in accordance with the regulations adopted by theBoard and in accordance with the entrustment agreement or other order bywhich such person is entrusted or committed to its care, have custody andcontrol of the person so entrusted or committed to it until he is lawfullydischarged, has been adopted or has attained his majority.
Whenever a local board places a child where legal custody remains with theparent, parents or guardians, the board shall enter into an agreement withthe parent, parents or guardians. The agreement shall specify theresponsibilities of each for the care and control of the child.
The local board shall have authority to place for adoption, and to consent tothe adoption of, any child properly committed or entrusted to its care whenthe order of commitment or entrustment agreement between the parent orparents and the agency provides for the termination of all parental rightsand responsibilities with respect to the child for the purpose of placing andconsenting to the adoption of the child.
The local board shall also have the right to accept temporary custody of anyperson 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, whetherwithin or without the Commonwealth, shall not be for the purpose of adoptionunless the placement agreement between the foster parents and the local boardspecifically so stipulates.
B. Prior to the approval of any family for placement of a child, a home studyshall be completed and the prospective foster or adoptive parents shall beinformed that information about shaken baby syndrome, its effects, andresources for help and support for caretakers is available on a websitemaintained by the Department as prescribed in regulations adopted by theBoard.
C. Prior to placing any such child in any foster home or children'sresidential facility, the local board shall enter into a written agreementwith the foster parents, pursuant to § 63.2-902, or other appropriatecustodian setting forth therein the conditions under which the child is soplaced pursuant to § 63.2-902. However, if a child is placed in a children'sresidential facility licensed as a temporary emergency shelter, and a verbalagreement for placement is secured within eight hours of the child's arrivalat the facility, the written agreement does not need to be entered into priorto placement, but shall be completed and signed by the local board and thefacility representative within 24 hours of the child's arrival or by the endof the next business day after the child's arrival.
D. Within 72 hours of placing a child of school age in a foster careplacement, as defined in § 63.2-100, the local social services agency makingsuch placement shall, in writing, (i) notify the principal of the school inwhich the student is to be enrolled and the superintendent of the relevantschool division or his designee of such placement, and (ii) inform theprincipal 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 takingthe child into custody, the placing social services agency shall obtain andproduce or otherwise ensure compliance with such requirements for the fosterchild within 30 days after the child's enrollment.
(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.)