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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-281, 63.2-900, and 63.2-906 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-281. Foster care plan.
A. In any case in which (i) a local board of social services or a public agency designated by the community policy and management team places a child through an agreement with the parents or guardians where legal custody remains with the parents or guardian, or (ii) legal custody of a child is given to a local board of social services or a child welfare agency, the local department of social services, the public agency designated or child welfare agency or the family assessment and planning team established pursuant to § 2.2-5207 shall prepare a foster care plan for such child, as described hereinafter. The individual family service plan developed by the family assessment and planning team pursuant to § 2.2-5208 may be accepted by the court as the foster care plan if it meets the requirements of this section.
The representatives of such department, agency, or team shall consult
with involve the child's parent(s) in the development of the plan,
except when parental rights have been terminated or the local department of social
services or other designated agency has made diligent efforts to locate the
parent(s) and such parent(s) cannot be located, and any other person or persons
standing in loco parentis at the time the board or child welfare agency
obtained custody or the board or the public agency placed the child,
concerning the matters which should be included in such plan. The
representatives of such department, agency, or team shall involve the child in
the development of the plan, if such involvement is consistent with the best
interests of the child. In cases where either the parent(s) or child is not
involved in the development of the plan, the department, agency, or team shall
include in the plan a full description of the reasons therefor.
The department, public agency, child welfare agency or team
shall file the plan with the juvenile and domestic relations district court
within sixty 60 days following the transfer of custody or the
board's or public agency's placement of the child unless the court, for good
cause shown, allows an extension of time, which shall not exceed an additional
sixty 60 days. However, a foster care plan shall be filed in
accordance with the provisions of § 16.1-277.01 with a petition for approval of
an entrustment agreement. A foster care plan need not be prepared if the child
is returned to his prior family or placed in an adoptive home within sixty
60 days following transfer of custody to the board or agency or the board's
or public agency's placement of the child.
B. The foster care plan shall describe (i) the programs, care,
services and other support which will be offered to the child and his parents
and other prior custodians; (ii) the participation and conduct which will be
sought from the child's parents and other prior custodians; (iii) the
visitation and other contacts which will be permitted between the child and his
parents and other prior custodians; (iv) the nature of the placement or
placements which will be provided for the child; and (v) in writing and where
appropriate for children age sixteen 16 or over, the programs and
services which will help the child prepare for the transition from foster care
to independent living. If consistent with the child's health and safety, the
plan shall be designed to support reasonable efforts which lead to the return
of the child to his parents or other prior custodians within the shortest
practicable time which shall be specified in the plan. The child's health and
safety shall be the paramount concern of the court and the agency throughout
the placement, case planning, service provision and review process.
If the department, child welfare agency or team concludes that
it is not reasonably likely that the child can be returned to his prior family
within a practicable time, consistent with the best interests of the child, in
a separate section of the plan the department, child welfare agency or team
shall (a) include a full description of the reasons for this conclusion; (b)
provide information on the opportunities for placing the child with a relative
or in an adoptive home; (c) design the plan to lead to the child's successful
placement with a relative if a subsequent transfer of custody to the relative
is planned, or in an adoptive home within the shortest practicable time, and if
neither of such placements is feasible; (d) explain why permanent foster care,
independent living for a child sixteen 16 years of age or older,
or continued foster care is the plan for the child. "Independent
living" includes the services and programs needed to assist the child in
making a transition from foster care to self-sufficiency. The department or
agency may include with such proposed plan a petition seeking the termination
of residual parental rights pursuant to § 16.1-283.
The local board or other child welfare agency having custody
of the child shall not be required by the court to make reasonable efforts to
reunite the child with a parent if the court finds that (1) the residual
parental rights of the parent regarding a sibling of the child have previously
been involuntarily terminated; (2) the parent has been convicted of an offense
under the laws of this the Commonwealth or a substantially
similar law of any other state, the United States or any foreign jurisdiction
that constitutes murder or voluntary manslaughter, or a felony attempt,
conspiracy or solicitation to commit any such offense, if the victim of the
offense was a child of the parent, a child with whom the parent resided at the
time such offense occurred or the other parent of the child; (3) the parent has
been convicted of an offense under the laws of this the Commonwealth
or a substantially similar law of any other state, the United States or any
foreign jurisdiction that constitutes felony assault resulting in serious
bodily injury or felony bodily wounding resulting in serious bodily injury or
felony sexual assault, if the victim of the offense was a child of the parent
or a child with whom the parent resided at the time of such offense; or (4)
based on clear and convincing evidence, the parent has subjected any child to
aggravated circumstances, or abandoned a child under circumstances which would
justify the termination of residual parental rights pursuant to subsection D of
§ 16.1-283.
As used in this section:
"Aggravated circumstances" means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life, or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.
"Chronic abuse" or "chronic sexual abuse" means recurring acts of physical abuse that place the child's health, safety and well-being at risk.
"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
"Severe abuse" or "severe sexual abuse" may include an act or omission that occurred only once, but otherwise meets the definition of "aggravated circumstances."
Within thirty 30 days of making a determination
that reasonable efforts to reunite the child with the parents are not required,
the court shall hold a permanency planning hearing pursuant to § 16.1-282.1.
C. A copy of the entire foster care plan shall be sent by the
court to the child, if he is twelve 12 years of age or older; the
guardian ad litem for the child, the attorney for the child's parents or for
any other person standing in loco parentis at the time the board or child
welfare agency obtained custody or the board or public agency placed the child,
to the parents or other person standing in loco parentis, and such other
persons as appear to the court to have a proper interest in the plan. However,
a copy of the plan shall not be sent to a parent whose parental rights
regarding the child have been terminated. A copy of the plan, excluding the
section of the plan describing the reasons why the child cannot be returned
home and the alternative chosen, shall be sent by the court to the foster
parents. A hearing shall be held for the purpose of reviewing and approving the
foster care plan. The hearing shall be held within seventy-five 75
days of (i) the child's initial foster care placement, if the child was placed
through an agreement between the parents or guardians and the local department
of social services, other public agency or a child welfare agency; (ii) the
original preliminary removal order hearing, if the child was placed in foster
care pursuant to § 16.1-252; (iii) the hearing on the petition for relief of
custody, if the child was placed in foster care pursuant to § 16.1-277.02; or
(iv) the dispositional hearing at which the child was placed in foster care and
an order was entered pursuant to §§ 16.1-278.2, 16.1-278.3, 16.1-278.4,
16.1-278.5, 16.1-278.6 or § 16.1-278.8. However, the hearing shall be
held in accordance with the provisions of § 16.1-277.01 with a petition for
approval of an entrustment agreement. If the judge makes any revision in any
part of the foster care plan, a copy of the changes shall be sent by the court
to all persons who received a copy of the original of that part of the plan.
C1. Any order transferring custody of the child to a relative other than the child's prior family shall be entered only upon a finding, based upon a preponderance of the evidence, that the relative is one who, after an investigation as directed by the court, (i) is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court's order transferring custody to a relative should further provide for, as appropriate, any terms or conditions which would promote the child's interest and welfare; ongoing provision of social services to the child and the child's custodian; and court review of the child's placement.
C2. Any order entered at the conclusion of the hearing that
has the effect of achieving a permanent goal for the child by terminating
residual parental rights pursuant to §§ 16.1-277.01, 16.1-277.02,
16.1-278.3 or § 16.1-283; by placing the child in permanent foster care pursuant
to subdivision A iv of § 16.1-282.1; or by directing the board or agency to
provide the child with services to achieve independent living status, if the
child has attained the age of sixteen 16 years, pursuant to
subdivision A v of § 16.1-282.1 shall state whether reasonable efforts have
been made to place the child in a timely manner in accordance with the foster
care plan and to complete the steps necessary to finalize the permanent
placement of the child.
D. The court in which the foster care plan is filed shall be notified immediately if the child is returned to his parents or other persons standing in loco parentis at the time the board or agency obtained custody or the board or public agency placed the child.
E. At the conclusion of the hearing at which the initial
foster care plan is reviewed, the court shall schedule a foster care review
hearing to be held within six months in accordance with § 16.1-282. However, if
an order is entered pursuant to subsection C2, the court shall schedule a foster
care review hearing to be held within twelve 12 months of the
entry of such order in accordance with the provisions of § 16.1-282.2. Parties
who are present at the hearing at which the initial foster care plan is
reviewed shall be given notice of the date set for the foster care review
hearing and parties who are not present shall be summoned as provided in §
16.1-263.
F. Nothing in this section shall limit the authority of the juvenile judge or the staff of the juvenile court, upon order of the judge, to review the status of children in the custody of local boards of social services or placed by local boards of social services or the public agency designated by the community policy and management team on its own motion. The court shall appoint an attorney to act as guardian ad litem to represent the child any time a hearing is held to review the foster care plan filed for the child or to review the child's status in foster care.
§ 63.2-900. Accepting children for placement in homes, facilities, etc., by local boards.
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 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
interest. 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 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 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.
§ 63.2-906. Foster care plans; permissible plan goals; court review of foster children.
A. Each child, who is committed or entrusted to the care of a local board or to a licensed child-placing agency, or who is placed through an agreement between a local board or a public agency designated by the community policy and management team and the parent, parents or guardians where legal custody remains with the parent, parents or guardians, shall have a foster care plan prepared by the local department, the designated public or child welfare agency, or the family assessment and planning team established pursuant to § 2.2-5207, as specified in § 16.1-281. The representatives of such department, agency, or team shall involve the child's parent(s) in the development of the plan, except when parental rights have been terminated or the local department of social services or other designated agency has made diligent efforts to locate the parent(s) and such parent(s) cannot be located, and any other person or persons standing in loco parentis at the time the board or child welfare agency obtained custody or the board or the public agency placed the child. The representatives of such department, agency, or team shall involve the child in the development of the plan, if such involvement is consistent with the best interests of the child. In cases where either the parent(s) or child is not involved in the development of the plan, the department, agency, or team shall include in the plan a full description of the reasons therefor.
A court may place a child in the care and custody of (i) a
public agency in accordance with § 16.1-251 or § 16.1-252, and (ii) a
public or licensed private child-placing agency in accordance with §§
16.1-278.2, 16.1-278.4, 16.1-278.5, 16.1-278.6 or § 16.1-278.8. Children
may be placed by voluntary relinquishment in the care and custody of a public
or private agency in accordance with § 16.1-277.01 or §§ 16.1-277.02 and
16.1-278.3. Children may be placed through an agreement where legal custody
remains with the parent, parents or guardians in accordance with §§ 63.2-900
and 63.2-903 or § 2.2-5208.
B. Each child in foster care shall be assigned a permanent plan goal to be reviewed and approved by the juvenile and domestic relations district court having jurisdiction of the child's case. Permissible plan goals are to:
1. Transfer custody of the child to his prior family;
2. Transfer custody of the child to a relative other than his prior family;
3. Finalize an adoption of the child;
4. Place the child in permanent foster care;
5. Achieve independent living; or
6. Place the child in another planned permanent living arrangement in accordance with subsection A 2 of § 16.1-282.1.
C. Each child in foster care shall be subject to the permanency planning and review procedures established in §§ 16.1-281, 16.1-282 and 16.1-282.1.
2. That the State Board of Social Services shall amend its home study regulations to allow homes to be dually approved as both foster and adoptive homes.