Section 40. Foster care placements

A. The local department shall ensure a child in foster care is placed in a licensed or approved home or facility that complies with all federal and state requirements for safety. Placements shall be made subject to the requirements of § 63.2-901.1 of the Code of Virginia. The following requirements shall be met when placing a child in a licensed or approved home or facility:

1. The local department shall make diligent efforts to locate and assess relatives as a foster home placement for the child, including in emergency situations.

2. The local department shall place the child in the least restrictive, most family like setting consistent with the best interests and needs of the child.

3. The local department shall attempt to place the child in as close proximity as possible to the birth parent's or prior custodian's home to facilitate visitation, provide continuity of connections, and provide educational stability for the child.

4. The local department shall make diligent efforts to place the child with siblings.

5. The local department shall, when appropriate, consider placement with a resource parent so that if reunification fails, the placement is the best available placement to provide permanency for the child.

6. The local department shall not delay or deny placement of a child into a foster family placement on the basis of race, color, or national origin of the foster or resource parent or child.

7. When a child being placed in foster care is of native American heritage and is a member of a nationally recognized tribe, the local department shall follow all federal laws, regulations, and policies regarding the referral of a child of native American heritage. The local department may contact the Virginia Council on Indians for information on contacting Virginia tribes and shall consider tribal culture and connections in the placement and care of a child of Virginia Indian heritage.

B. A service worker shall make a preplacement visit to any out-of-home placement to observe the environment where the child will be living and ensure that the placement is safe and capable of meeting the needs of the child. The preplacement visit shall precede the placement date except in cases of emergency. In cases of emergency, the visit shall occur on the same day as the placement.

C. Foster, adoptive, or resource family homes shall meet standards established by the board and shall be approved by child-placing agencies. Group homes and residential facilities shall be licensed by the appropriate licensing agency. Local departments shall verify the licensure status of the facility prior to placement of the child.

D. Local departments shall receive approval from the department's office of the ICPC prior to placing a child out of state.

E. When a child is to be placed in a home in another local department's jurisdiction within Virginia, the local department intending to place the child shall notify the local department that approved the home that the home is being considered for the child's placement. The local department shall also verify that the home is still approved and shall consult with the approving local department about placement of the child.

F. When a foster, adoptive, or resource family is moving from one jurisdiction to another, the local department holding custody shall notify the local department in the jurisdiction to which the foster, adoptive, or resource family is moving.

G. When a child moves with a foster, adoptive, or resource family from one jurisdiction to another in Virginia, the local department holding custody shall continue supervision of the child unless supervision is transferred to the other local department.

H. A local department may petition the court to transfer custody of a child to another local department when the birth parent or prior custodian has moved to that locality.

I. In planned placement changes or relocation of foster parents, birth parents with residual parental rights or prior custodians and all other relevant parties shall be notified that a placement change or move is being considered if such notification is in the best interest of the child. The birth parent or prior custodian shall be involved in the decision-making process regarding the placement change prior to a final decision being made.

1. The service worker shall consider the child's best interest and safety needs when involving the birth parent or prior custodian and all other relevant parties in the decision-making process regarding placement change or notification of the new placement.

2. In the case of an emergency placement change, the birth parent with residual parental rights or prior custodian and all other relevant parties shall be notified immediately of the placement change. The child-placing agency shall inform the birth parent or prior custodian why the placement change occurred and why the birth parent or prior custodian and all other relevant parties could not be involved in the decision-making process.

Historical Notes

Derived from Volume 29, Issue 02, eff. November 1, 2012.

Statutory Authority

§§ 63.2-217 and 63.2-900 of the Code of Virginia.