SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.2-906 and 63.2-910 of the Code of Virginia are amended and reenacted as follows:
§ 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, child welfare 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 child welfare 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
child welfare agency placed the child. The representatives of such
department, child welfare 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, child welfare
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. Transition to 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.
§ 63.2-910. Child support for child placed in foster care where legal custody remains with parent or guardian.
Responsible persons shall pay child support for a child placed
in foster care through an agreement where legal custody remains with the parent
or guardian pursuant to subdivision 4 of § 16.1-278.2 or § 63.2-900, from the
date that the child was placed in foster care. The agreement between the
parents and the local board or public agency shall include provisions
for the payment of child support. In fixing the amount of support, the court,
the Division of Child Support Enforcement, and the local board or the
public agency shall consider the extent to which the payment of support by
the responsible person may affect the ability of such responsible person to
implement a foster care plan. If the responsible person fails or refuses to pay
such sum on a timely basis, the local board or public agency may
petition the juvenile court to order such payment.