{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-100.html"}],"law_id":72379,"edition_id":1,"section_id":72379,"structure_id":16358,"section_number":"63.2-100","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 63-101, 63-222, 63-232, 63-347, 63-351; 1954, cc. 259, 290, 489; 1956, cc. 300, 641; 1960, cc. 331, 390; 1962, cc. 297, 603; 1966, c. 423; 1968, cc. 578, 585, \u00a7\u00a7 63.1-87, 63.1-172, 63.1-195, 63.1-220; 1970, c. 721; 1972, cc. 73, 540, 718; 1973, c. 227; 1974, cc. 44, 45, 413, 415, \u00a7 63.1-250; 1975, cc. 287, 299, 311, 341, 437, 507, 524, 528, 596, \u00a7\u00a7 63.1-238.1, 63.1-248.2; 1976, cc. 357, 649; 1977, cc. 105, 241, 532, 547, 559, 567, 634, 645, \u00a7\u00a7 63.1-55.2, 63.1-55.8; 1978, cc. 536, 730, 749, 750; 1979, c. 483; 1980, cc. 40, 284; 1981, cc. 75, 123, 359; 1983, c. 66; 1984, cc. 74, 76, 498, 535, 781; 1985, cc. 17, 285, 384, 488, 518; 1986, cc. 80, 281, 308, 437, 594; 1987, cc. 627, 650, 681; 1988, c. 906; 1989, cc. 307, 647; 1990, c. 760; 1991, cc. 534, 595, 651, 694; 1992 c. 356, \u00a7 63.1-194.1; 1993, cc. 730, 742, 957, 993, \u00a7 63.1-196.001; 1994, cc. 107, 837, 865, 940; 1995, cc. 401, 520, 649, 772, 826; 1997, cc. 796, 895; 1998, cc. 115, 126, 397, 552, 727, 850; 1999, c. 454; 2000, cc. 61, 290, 500, 830, 845, 1058, \u00a7 63.1-219.7; 2002, c. 747; 2003, c. 467; 2004, cc. 70, 196, 245, 753, 814; 2006, c. 868; 2007, cc. 479, 597; 2008, cc. 475, 483; 2009, cc. 705, 813, 840; 2011, cc. 5, 156; 2012, cc. 803, 835; 2013, cc. 5, 362, 564; 2015, cc. 502, 503, 758, 770; 2016, c. 631; 2017, c. 195; 2018, cc. 497, 769, 770; 2019, cc. 210, 282, 297, 688; 2020, cc. 95, 224, 366, 732, 829, 860, 861; 2021, Sp. Sess. I, c. 254; 2022, cc. 80, 81, 366; 2023, cc. 148, 149, 568; 2024, cc. 37, 150, 779, 829.","full_text":"As used in this title, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child less than 18 years of age:\n\n1\n\nWhose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;2\n\nWhose parents or other person responsible for his care neglects or refuses to provide care necessary for his health. However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4;3\n\nWhose parents or other person responsible for his care abandons such child;4\n\nWhose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;5\n\nWho is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian or other person standing in loco parentis;6\n\nWhose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902; or7\n\nWho has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services providers, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home” means any family home selected and approved by a parent, local board or a licensed child-placing agency for the placement of a child with the intent of adoption.\n\t\t\t“Adoptive placement” means arranging for the care of a child who is in the custody of a child-placing agency in an approved home for the purpose of adoption.\n\t\t\t“Adult abuse” means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult as defined in § 63.2-1603.\n\t\t\t“Adult day center” means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged or infirm or who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more adults who are aged or infirm or who have disabilities.\n\t\t\t“Adult exploitation” means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another’s profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. “Adult exploitation” includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult’s financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another’s profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services.\n\t\t\t“Adult foster care” means room and board, supervision, and special services to an adult who has a physical or mental condition. Adult foster care may be provided by a single provider for up to three adults. “Adult foster care” does not include services or support provided to individuals through the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9.\n\t\t\t“Adult neglect” means that an adult as defined in § 63.2-1603 is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. However, no adult shall be considered neglected solely on the basis that such adult is receiving religious nonmedical treatment or religious nonmedical nursing care in lieu of medical care, provided that such treatment or care is performed in good faith and in accordance with the religious practices of the adult and there is a written or oral expression of consent by that adult.\n\t\t\t“Adult protective services” means services provided by the local department that are necessary to protect an adult as defined in § 63.2-1603 from abuse, neglect or exploitation.\n\t\t\t“Assisted living care” means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require at least a moderate level of assistance with activities of daily living.\n\t\t\t“Assisted living facility” means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged or infirm or who have disabilities and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; (iii) a facility or portion of a facility serving individuals who are infirm or who have disabilities between the ages of 18 and 21, or 22 if enrolled in an educational program for individuals with disabilities pursuant to § 22.1-214, when such facility is licensed by the Department as a children’s residential facility under Chapter 17 (§ 63.2-1700 et seq.), but including any portion of the facility not so licensed; and (iv) any housing project for individuals who are 62 years of age or older or individuals with disabilities that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more adults who are aged or infirm or who have disabilities. Maintenance or care means the protection, general supervision and oversight of the physical and mental well-being of an individual who is aged or infirm or who has a disability.\n\t\t\t“Auxiliary grants” means cash payments made to certain aged, blind, or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive these benefits except for excess income.\n\t\t\t“Birth family” or “birth sibling” means the child’s biological family or biological sibling.\n\t\t\t“Birth parent” means the child’s biological parent and, for purposes of adoptive placement, means parent(s) by previous adoption.\n\t\t\t“Board” means the State Board of Social Services.\n\t\t\t“Child” means any natural person who is (i) under 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9, under 21 years of age and meets the eligibility criteria set forth in § 63.2-919.\n\t\t\t“Child-placing agency” means (i) any person who places children in foster homes, adoptive homes or independent living arrangements pursuant to § 63.2-1819, (ii) a local board that places children in foster homes or adoptive homes pursuant to §§ 63.2-900, 63.2-903, and 63.2-1221, or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. “Child-placing agency” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth, or any locality acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.\n\t\t\t“Child-protective services” means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. It also includes assessment, and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.\n\t\t\t“Children’s advocacy center” means a child-friendly facility that (i) enables law enforcement, child protection, prosecution, mental health, medical, and victim advocacy professionals to work together to investigate child abuse, help children heal from abuse, and hold offenders accountable; (ii) has completed, or is in the process of completing, certain accreditation obligations and requires any forensic interview conducted at such facility to only be conducted by a trained child forensic interviewer in a multidisciplinary team collaborative effort; and (iii) is a member in good standing of the Children’s Advocacy Centers of Virginia.\n\t\t\t“Children’s Advocacy Centers of Virginia” means the organizing entity for children’s advocacy centers in Virginia.\n\t\t\t“Child support services” means any civil, criminal or administrative action taken by the Division of Child Support Enforcement to locate parents; establish paternity; and establish, modify, enforce, or collect child support, or child and spousal support.\n\t\t\t“Child-welfare agency” means a child-placing agency, children’s residential facility, or independent foster home.\n\t\t\t“Children’s residential facility” means any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of foster care. Children’s residential facility shall not include:1\n\nA licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;2\n\nAn establishment required to be licensed as a summer camp by § 35.1-18; and3\n\nA licensed or accredited hospital legally maintained as such.\n\t\t\t“Commissioner” means the Commissioner of the Department, his designee or authorized representative.\n\t\t\t“Department” means the State Department of Social Services.\n\t\t\t“Department of Health and Human Services” means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.\n\t\t\t“Disposable income” means that part of the income due and payable of any individual remaining after the deduction of any amount required by law to be withheld.\n\t\t\t“Energy assistance” means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of P.L. 97-35), as amended.\n\t\t\t“Family and permanency team” means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members. In the case of a child who is 14 years of age or older, the family and permanency team shall also include any members of the child’s case planning team that were selected by the child in accordance with subsection A of § 16.1-281.\n\t\t\t“Federal-Funded Kinship Guardianship Assistance program” means a program consistent with 42 U.S.C. § 673 that provides, subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1305, payments to eligible individuals who have received custody of a child of whom they had been the foster parents.\n\t\t\t“Fictive kin” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care placement” means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency. “Foster care placement” does not include placement of a child in accordance with a power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.\n\t\t\t“Foster home” means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child’s legal guardian pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.\n\t\t\t“General relief” means money payments and other forms of relief made to those persons mentioned in § 63.2-802 in accordance with the regulations of the Board and reimbursable in accordance with § 63.2-401.\n\t\t\t“Independent foster home” means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person; (ii) a home in which is received a child or children committed under the provisions of subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8; and (iii) a home in which are received only children who are the subject of a properly executed power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.\n\t\t\t“Independent living” means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.\n\t\t\t“Independent living arrangement” means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities provided to a child in foster care 14 years of age or older who was committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. “Independent living services” may also mean services and activities provided to a person who (i) was in foster care on his 18th birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. Such services shall include counseling, education, housing, employment, and money management skills development, access to essential documents, and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Independent physician” means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence.\n\t\t\t“Intercountry placement” means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under which it operates.\n\t\t\t“Interstate placement” means the arrangement for the care of a child in an adoptive home, foster care placement or in the home of the child’s parent or with a relative or nonagency guardian, into or out of the Commonwealth, by a child-placing agency or court when the full legal right of the child’s parent or nonagency guardian to plan for the child has been voluntarily terminated or limited or severed by the action of any court.\n\t\t\t“Kinship care” means the full-time care, nurturing, and protection of children by relatives.\n\t\t\t“Kinship guardian” means the adult relative of a child in a kinship guardianship established in accordance with § 63.2-1305 or 63.2-1306 who has been awarded custody of the child by the court after acting as the child’s foster parent.\n\t\t\t“Kinship guardianship” means a relationship established in accordance with § 63.2-1305 or 63.2-1306 between a child and an adult relative of the child who has formerly acted as the child’s foster parent that is intended to be permanent and self-sustaining as evidenced by the transfer by the court to the adult relative of the child of the authority necessary to ensure the protection, education, care and control, and custody of the child and the authority for decision making for the child.\n\t\t\t“Local board” means the local board of social services representing one or more counties or cities.\n\t\t\t“Local department” means the local department of social services of any county or city in the Commonwealth.\n\t\t\t“Local director” means the director or his designated representative of the local department of the city or county.\n\t\t\t“Merit system plan” means those regulations adopted by the Board in the development and operation of a system of personnel administration meeting requirements of the federal Office of Personnel Management.\n\t\t\t“Parental placement” means locating or effecting the placement of a child or the placing of a child in a family home by the child’s parent or legal guardian for the purpose of foster care or adoption.\n\t\t\t“Public assistance” means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind, and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief.\n\t\t\t“Qualified assessor” means an entity contracting with the Department of Medical Assistance Services to perform nursing facility pre-admission screening or to complete the uniform assessment instrument for a home and community-based waiver program, including an independent physician contracting with the Department of Medical Assistance Services to complete the uniform assessment instrument for residents of assisted living facilities, or any hospital that has contracted with the Department of Medical Assistance Services to perform nursing facility pre-admission screenings.\n\t\t\t“Qualified individual” means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child’s placement pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residential living care” means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with the activities of daily living. The definition of “residential living care” includes the services provided by independent living facilities that voluntarily become licensed.\n\t\t\t“Sibling” means each of two or more children having one or more parents in common.\n\t\t\t“Social services” means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. Social services also includes adult services pursuant to Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5 and adult protective services pursuant to Article 5 (§ 51.5-148) of Chapter 14 of Title 51.5 provided by local departments of social services in accordance with regulations and under the supervision of the Commissioner for Aging and Rehabilitative Services.\n\t\t\t“Special order” means an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner that has a stated duration of not more than 12 months. A special order shall be considered a case decision as defined in § 2.2-4001.\n\t\t\t“State-Funded Kinship Guardianship Assistance program” means a program that provides payments to eligible individuals who have received custody of a relative child subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1306.\n\t\t\t“Supervised independent living setting” means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, contracted supervision. “Supervised independent living setting” does not include residential facilities or group homes.\n\t\t\t“Temporary Assistance for Needy Families” or “TANF” means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children.\n\t\t\t“Temporary Assistance for Needy Families-Unemployed Parent” or “TANF-UP” means the Temporary Assistance for Needy Families program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § 63.2-609.\n\t\t\t“Title IV-E Foster Care” means a federal program authorized under §§ 472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on behalf of qualifying children.","order_by":null,"text":{"0":{"id":260729,"text":"As used in this title, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child less than 18 years of age:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":260730,"text":"Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":260731,"text":"Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health. However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":260732,"text":"Whose parents or other person responsible for his care abandons such child;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":260733,"text":"Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":260734,"text":"Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian or other person standing in loco parentis;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":260735,"text":"Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902; or","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":260736,"text":"Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services providers, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home” means any family home selected and approved by a parent, local board or a licensed child-placing agency for the placement of a child with the intent of adoption.\n\t\t\t“Adoptive placement” means arranging for the care of a child who is in the custody of a child-placing agency in an approved home for the purpose of adoption.\n\t\t\t“Adult abuse” means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult as defined in § 63.2-1603.\n\t\t\t“Adult day center” means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged or infirm or who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more adults who are aged or infirm or who have disabilities.\n\t\t\t“Adult exploitation” means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another’s profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. “Adult exploitation” includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult’s financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another’s profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services.\n\t\t\t“Adult foster care” means room and board, supervision, and special services to an adult who has a physical or mental condition. Adult foster care may be provided by a single provider for up to three adults. “Adult foster care” does not include services or support provided to individuals through the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9.\n\t\t\t“Adult neglect” means that an adult as defined in § 63.2-1603 is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. However, no adult shall be considered neglected solely on the basis that such adult is receiving religious nonmedical treatment or religious nonmedical nursing care in lieu of medical care, provided that such treatment or care is performed in good faith and in accordance with the religious practices of the adult and there is a written or oral expression of consent by that adult.\n\t\t\t“Adult protective services” means services provided by the local department that are necessary to protect an adult as defined in § 63.2-1603 from abuse, neglect or exploitation.\n\t\t\t“Assisted living care” means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require at least a moderate level of assistance with activities of daily living.\n\t\t\t“Assisted living facility” means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged or infirm or who have disabilities and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; (iii) a facility or portion of a facility serving individuals who are infirm or who have disabilities between the ages of 18 and 21, or 22 if enrolled in an educational program for individuals with disabilities pursuant to § 22.1-214, when such facility is licensed by the Department as a children’s residential facility under Chapter 17 (§ 63.2-1700 et seq.), but including any portion of the facility not so licensed; and (iv) any housing project for individuals who are 62 years of age or older or individuals with disabilities that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more adults who are aged or infirm or who have disabilities. Maintenance or care means the protection, general supervision and oversight of the physical and mental well-being of an individual who is aged or infirm or who has a disability.\n\t\t\t“Auxiliary grants” means cash payments made to certain aged, blind, or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive these benefits except for excess income.\n\t\t\t“Birth family” or “birth sibling” means the child’s biological family or biological sibling.\n\t\t\t“Birth parent” means the child’s biological parent and, for purposes of adoptive placement, means parent(s) by previous adoption.\n\t\t\t“Board” means the State Board of Social Services.\n\t\t\t“Child” means any natural person who is (i) under 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9, under 21 years of age and meets the eligibility criteria set forth in § 63.2-919.\n\t\t\t“Child-placing agency” means (i) any person who places children in foster homes, adoptive homes or independent living arrangements pursuant to § 63.2-1819, (ii) a local board that places children in foster homes or adoptive homes pursuant to §§ 63.2-900, 63.2-903, and 63.2-1221, or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. “Child-placing agency” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth, or any locality acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.\n\t\t\t“Child-protective services” means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. It also includes assessment, and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.\n\t\t\t“Children’s advocacy center” means a child-friendly facility that (i) enables law enforcement, child protection, prosecution, mental health, medical, and victim advocacy professionals to work together to investigate child abuse, help children heal from abuse, and hold offenders accountable; (ii) has completed, or is in the process of completing, certain accreditation obligations and requires any forensic interview conducted at such facility to only be conducted by a trained child forensic interviewer in a multidisciplinary team collaborative effort; and (iii) is a member in good standing of the Children’s Advocacy Centers of Virginia.\n\t\t\t“Children’s Advocacy Centers of Virginia” means the organizing entity for children’s advocacy centers in Virginia.\n\t\t\t“Child support services” means any civil, criminal or administrative action taken by the Division of Child Support Enforcement to locate parents; establish paternity; and establish, modify, enforce, or collect child support, or child and spousal support.\n\t\t\t“Child-welfare agency” means a child-placing agency, children’s residential facility, or independent foster home.\n\t\t\t“Children’s residential facility” means any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of foster care. Children’s residential facility shall not include:","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"1"},"8":{"id":260737,"text":"A licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7","next_prefix":"2"},"9":{"id":260738,"text":"An establishment required to be licensed as a summer camp by § 35.1-18; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"10":{"id":260739,"text":"A licensed or accredited hospital legally maintained as such.\n\t\t\t“Commissioner” means the Commissioner of the Department, his designee or authorized representative.\n\t\t\t“Department” means the State Department of Social Services.\n\t\t\t“Department of Health and Human Services” means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.\n\t\t\t“Disposable income” means that part of the income due and payable of any individual remaining after the deduction of any amount required by law to be withheld.\n\t\t\t“Energy assistance” means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of P.L. 97-35), as amended.\n\t\t\t“Family and permanency team” means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members. In the case of a child who is 14 years of age or older, the family and permanency team shall also include any members of the child’s case planning team that were selected by the child in accordance with subsection A of § 16.1-281.\n\t\t\t“Federal-Funded Kinship Guardianship Assistance program” means a program consistent with 42 U.S.C. § 673 that provides, subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1305, payments to eligible individuals who have received custody of a child of whom they had been the foster parents.\n\t\t\t“Fictive kin” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care placement” means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency. “Foster care placement” does not include placement of a child in accordance with a power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.\n\t\t\t“Foster home” means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child’s legal guardian pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.\n\t\t\t“General relief” means money payments and other forms of relief made to those persons mentioned in § 63.2-802 in accordance with the regulations of the Board and reimbursable in accordance with § 63.2-401.\n\t\t\t“Independent foster home” means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person; (ii) a home in which is received a child or children committed under the provisions of subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8; and (iii) a home in which are received only children who are the subject of a properly executed power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.\n\t\t\t“Independent living” means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.\n\t\t\t“Independent living arrangement” means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities provided to a child in foster care 14 years of age or older who was committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. “Independent living services” may also mean services and activities provided to a person who (i) was in foster care on his 18th birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. Such services shall include counseling, education, housing, employment, and money management skills development, access to essential documents, and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Independent physician” means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence.\n\t\t\t“Intercountry placement” means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under which it operates.\n\t\t\t“Interstate placement” means the arrangement for the care of a child in an adoptive home, foster care placement or in the home of the child’s parent or with a relative or nonagency guardian, into or out of the Commonwealth, by a child-placing agency or court when the full legal right of the child’s parent or nonagency guardian to plan for the child has been voluntarily terminated or limited or severed by the action of any court.\n\t\t\t“Kinship care” means the full-time care, nurturing, and protection of children by relatives.\n\t\t\t“Kinship guardian” means the adult relative of a child in a kinship guardianship established in accordance with § 63.2-1305 or 63.2-1306 who has been awarded custody of the child by the court after acting as the child’s foster parent.\n\t\t\t“Kinship guardianship” means a relationship established in accordance with § 63.2-1305 or 63.2-1306 between a child and an adult relative of the child who has formerly acted as the child’s foster parent that is intended to be permanent and self-sustaining as evidenced by the transfer by the court to the adult relative of the child of the authority necessary to ensure the protection, education, care and control, and custody of the child and the authority for decision making for the child.\n\t\t\t“Local board” means the local board of social services representing one or more counties or cities.\n\t\t\t“Local department” means the local department of social services of any county or city in the Commonwealth.\n\t\t\t“Local director” means the director or his designated representative of the local department of the city or county.\n\t\t\t“Merit system plan” means those regulations adopted by the Board in the development and operation of a system of personnel administration meeting requirements of the federal Office of Personnel Management.\n\t\t\t“Parental placement” means locating or effecting the placement of a child or the placing of a child in a family home by the child’s parent or legal guardian for the purpose of foster care or adoption.\n\t\t\t“Public assistance” means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind, and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief.\n\t\t\t“Qualified assessor” means an entity contracting with the Department of Medical Assistance Services to perform nursing facility pre-admission screening or to complete the uniform assessment instrument for a home and community-based waiver program, including an independent physician contracting with the Department of Medical Assistance Services to complete the uniform assessment instrument for residents of assisted living facilities, or any hospital that has contracted with the Department of Medical Assistance Services to perform nursing facility pre-admission screenings.\n\t\t\t“Qualified individual” means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child’s placement pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residential living care” means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with the activities of daily living. The definition of “residential living care” includes the services provided by independent living facilities that voluntarily become licensed.\n\t\t\t“Sibling” means each of two or more children having one or more parents in common.\n\t\t\t“Social services” means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. Social services also includes adult services pursuant to Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5 and adult protective services pursuant to Article 5 (§ 51.5-148) of Chapter 14 of Title 51.5 provided by local departments of social services in accordance with regulations and under the supervision of the Commissioner for Aging and Rehabilitative Services.\n\t\t\t“Special order” means an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner that has a stated duration of not more than 12 months. A special order shall be considered a case decision as defined in § 2.2-4001.\n\t\t\t“State-Funded Kinship Guardianship Assistance program” means a program that provides payments to eligible individuals who have received custody of a relative child subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1306.\n\t\t\t“Supervised independent living setting” means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, contracted supervision. “Supervised independent living setting” does not include residential facilities or group homes.\n\t\t\t“Temporary Assistance for Needy Families” or “TANF” means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children.\n\t\t\t“Temporary Assistance for Needy Families-Unemployed Parent” or “TANF-UP” means the Temporary Assistance for Needy Families program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § 63.2-609.\n\t\t\t“Title IV-E Foster Care” means a federal program authorized under §§ 472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on behalf of qualifying children.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":16358,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12790,"metadata":{},"date_created":"2026-06-26 04:14:55","date_modified":"2026-06-26 04:14:55","permalink":{"id":270665,"object_type":"structure","relational_id":16358,"identifier":"1","token":"63.2\/I\/1","url":"\/63.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12790,"edition_id":1,"name":"General Provisions Relating to Social Services","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270663,"object_type":"structure","relational_id":12790,"identifier":"I","token":"63.2\/I","url":"\/63.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72379,"structure_id":16358,"section_number":"63.2-100","catch_line":"Definitions","url":"\/63.2-100\/","token":"63.2\/I\/1\/63.2-100","metadata":false},{"id":82017,"structure_id":16358,"section_number":"63.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/63.2-100.1\/","token":"63.2\/I\/1\/63.2-100.1","metadata":false},{"id":68010,"structure_id":16358,"section_number":"63.2-101","catch_line":"Authority of Department to request and receive information from other agencies; use of information so obtained; provide access to information for medical assistance eligibility purposes","url":"\/63.2-101\/","token":"63.2\/I\/1\/63.2-101","metadata":false},{"id":72691,"structure_id":16358,"section_number":"63.2-102","catch_line":"Allowing access to records and information for public assistance programs and child support enforcement; penalty","url":"\/63.2-102\/","token":"63.2\/I\/1\/63.2-102","metadata":false},{"id":68267,"structure_id":16358,"section_number":"63.2-103","catch_line":"Confidential records and information concerning child support enforcement","url":"\/63.2-103\/","token":"63.2\/I\/1\/63.2-103","metadata":false},{"id":71351,"structure_id":16358,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","url":"\/63.2-104\/","token":"63.2\/I\/1\/63.2-104","metadata":false},{"id":75177,"structure_id":16358,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","url":"\/63.2-104.1\/","token":"63.2\/I\/1\/63.2-104.1","metadata":false},{"id":67203,"structure_id":16358,"section_number":"63.2-105","catch_line":"Confidential records and information concerning social services; child-protective services and child-placing agencies","url":"\/63.2-105\/","token":"63.2\/I\/1\/63.2-105","metadata":false},{"id":82118,"structure_id":16358,"section_number":"63.2-106","catch_line":"Failure to obey subpoena or charging illegal fees; penalty","url":"\/63.2-106\/","token":"63.2\/I\/1\/63.2-106","metadata":false}],"next_section":{"id":82017,"structure_id":16358,"section_number":"63.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/63.2-100.1\/","token":"63.2\/I\/1\/63.2-100.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-100\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 52 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapters 259, 290, and 489; in 1956, chapters 300 and 641; in 1960, chapters 331 and 390; in 1962, chapters 297 and 603; in 1966, chapter 423; in 1968, chapters 578 and 585; in 1970, chapter 721; in 1972, chapters 73, 540, and 718; in 1973, chapter 227; in 1974, chapters 44, 45, 413, and 415; in 1975, chapters 287, 299, 311, 341, 437, 507, 524, 528, and 596; in 1976, chapters 357 and 649; in 1977, chapters 105, 241, 532, 547, 559, 567, 634, and 645; in 1978, chapters 536, 730, 749, and 750; in 1979, chapter 483; in 1980, chapters 40 and 284; in 1981, chapters 75, 123, and 359; in 1983, chapter 66; in 1984, chapters 74, 76, 498, 535, and 781; in 1985, chapters 17, 285, 384, 488, and 518; in 1986, chapters 80, 281, 308, 437, and 594; in 1987, chapters 627, 650, and 681; in 1988, chapter 906; in 1989, chapters 307 and 647; in 1990, chapter 760; in 1991, chapters 534, 595, 651, and 694; in 1993, chapters 730, 742, 957, and 993; in 1994, chapters 107<\/a>, 837<\/a>, 865<\/a>, and 940<\/a>; in 1995, chapters 401<\/a>, 520<\/a>, 649<\/a>, 772<\/a>, and 826<\/a>; in 1997, chapters 796<\/a> and 895<\/a>; in 1998, chapters 115<\/a>, 126<\/a>, 397<\/a>, 552<\/a>, 727<\/a>, and 850<\/a>; in 1999, chapter 454<\/a>; in 2000, chapters 61<\/a>, 290<\/a>, 500<\/a>, 830<\/a>, 845<\/a>, and 1058<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 467<\/a>; in 2004, chapters 70<\/a>, 196<\/a>, 245<\/a>, 753<\/a>, and 814<\/a>; in 2006, chapter 868<\/a>; in 2007, chapters 479<\/a> and 597<\/a>; in 2008, chapters 475<\/a> and 483<\/a>; in 2009, chapters 705<\/a>, 813<\/a>, and 840<\/a>; in 2011, chapters 5<\/a> and 156<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2013, chapters 5<\/a>, 362<\/a>, and 564<\/a>; in 2015, chapters 502<\/a>, 503<\/a>, 758<\/a>, and 770<\/a>; in 2016, chapter 631<\/a>; in 2017, chapter 195<\/a>; in 2018, chapters 497<\/a>, 769<\/a>, and 770<\/a>; in 2019, chapters 210<\/a>, 282<\/a>, 297<\/a>, and 688<\/a>; in 2020, chapters 95<\/a>, 224<\/a>, 366<\/a>, 732<\/a>, 829<\/a>, 860<\/a>, and 861<\/a>; in 2022, chapters 80<\/a>, 81<\/a>, and 366<\/a>; in 2023, chapters 148<\/a>, 149<\/a>, and 568<\/a>; in 2024, chapters 37<\/a>, 150<\/a>, 779<\/a>, and 829<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":72767,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; 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interference, retaliation, and reprisals against complainants","order_by":null,"url":"\/51.5-183\/"},{"id":73492,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","order_by":null,"url":"\/53.1-131\/"},{"id":75651,"section_number":"53.1-155.1","catch_line":"Participation in residential community program prior to final release","order_by":null,"url":"\/53.1-155.1\/"},{"id":87158,"section_number":"54.1-2410","catch_line":"Definitions","order_by":null,"url":"\/54.1-2410\/"},{"id":76718,"section_number":"54.1-3100","catch_line":"Definitions","order_by":null,"url":"\/54.1-3100\/"},{"id":81450,"section_number":"54.1-3102","catch_line":"License required","order_by":null,"url":"\/54.1-3102\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"},{"id":85058,"section_number":"56-484.19","catch_line":"Definitions","order_by":null,"url":"\/56-484.19\/"},{"id":57817,"section_number":"58.1-3","catch_line":"Secrecy of information; 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notification; provisional and conditional licenses","order_by":null,"url":"\/63.2-1707\/"},{"id":54845,"section_number":"63.2-1709","catch_line":"Enforcement and sanctions; assisted living facilities and adult day centers; interim administration; receivership, revocation, denial, summary suspension","order_by":null,"url":"\/63.2-1709\/"},{"id":79080,"section_number":"63.2-1925","catch_line":"Certain amount of income that may be withheld by lien or order","order_by":null,"url":"\/63.2-1925\/"},{"id":80175,"section_number":"63.2-1940","catch_line":"Reporting payment arrearage information to consumer credit reporting agencies","order_by":null,"url":"\/63.2-1940\/"},{"id":55490,"section_number":"63.2-1951","catch_line":"Interest on support payments collected","order_by":null,"url":"\/63.2-1951\/"},{"id":72902,"section_number":"63.2-326","catch_line":"Service at pleasure of local board or local director","order_by":null,"url":"\/63.2-326\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"},{"id":76064,"section_number":"63.2-900.3","catch_line":"School placement of children in foster care","order_by":null,"url":"\/63.2-900.3\/"},{"id":72819,"section_number":"63.2-905","catch_line":"Foster care services","order_by":null,"url":"\/63.2-905\/"},{"id":86904,"section_number":"63.2-906.1","catch_line":"Qualified residential treatment programs","order_by":null,"url":"\/63.2-906.1\/"},{"id":68598,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","order_by":null,"url":"\/63.2-911\/"},{"id":60482,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","order_by":null,"url":"\/64.2-2001\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"},{"id":72769,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","order_by":null,"url":"\/64.2-2019.1\/"},{"id":57595,"section_number":"9.1-165","catch_line":"Definitions","order_by":null,"url":"\/9.1-165\/"},{"id":72317,"section_number":"9.1-914","catch_line":"Automatic notification of registration to certain entities; electronic notification to requesting persons","order_by":null,"url":"\/9.1-914\/"}],"refers_to":[{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; 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As used in this title, unless the context requires a different meaning:\n\t\t“Abused or neglected child<\/span>” means any child less than 18 years of age:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony<\/span> violation of § 18.2-248<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health. However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child<\/span>. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion<\/span> on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child<\/span>, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whose parents or other person responsible for his care abandons such child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian or other person standing in loco parentis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000<\/a>, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense<\/span> against a minor<\/span> for which registration is required as a Tier III offender pursuant to § 9.1-902<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense<\/span> that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services providers, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283<\/a> and placement for adoption, the court<\/span> may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home<\/span>” means any family home selected and approved by a parent, local board<\/span> or a licensed child-placing agency<\/span> for the placement of a child with the intent<\/span> of adoption.\n\t\t\t“Adoptive placement<\/span>” means arranging for the care of a child who is in the custody<\/span> of a child-placing agency<\/span> in an approved home for the purpose of adoption.\n\t\t\t“Adult abuse<\/span>” means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult as defined in § 63.2-1603<\/a>.\n\t\t\t“Adult day center<\/span>” means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged or infirm or who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more adults who are aged or infirm or who have disabilities.\n\t\t\t“Adult exploitation<\/span>” means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603<\/a> or his funds, property, benefits, resources, or other assets<\/span> for another’s profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets<\/span>. “Adult exploitation<\/span>” includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession<\/span>, or control of an adult’s financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another’s profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services.\n\t\t\t“Adult foster care<\/span>” means room and board, supervision, and special services to an adult who has a physical or mental condition. Adult foster care<\/span> may be provided by a single provider for up to three adults. “Adult foster care<\/span>” does not include services or support provided to individuals through the Fostering Futures program set forth in Article 2 (§ 63.2-917<\/a> et seq.) of Chapter 9.\n\t\t\t“Adult neglect<\/span>” means that an adult as defined in § 63.2-1603<\/a> is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. However, no adult shall be considered neglected solely on the basis that such adult is receiving religious nonmedical treatment or religious nonmedical nursing care in lieu of medical care, provided that such treatment or care is performed in good faith and in accordance with the religious practices of the adult and there is a written or oral expression of consent by that adult.\n\t\t\t“Adult protective services<\/span>” means services provided by the local department<\/span> that are necessary to protect an adult as defined in § 63.2-1603<\/a> from abuse, neglect or exploitation.\n\t\t\t“Assisted living care<\/span>” means a level of service provided by an assisted living facility<\/span> for adults who may have physical or mental impairments and require at least a moderate level of assistance with activities of daily living.\n\t\t\t“Assisted living facility<\/span>” means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged or infirm or who have disabilities and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; (iii) a facility or portion of a facility serving individuals who are infirm or who have disabilities between the ages of 18 and 21, or 22 if enrolled in an educational program for individuals with disabilities pursuant to § 22.1-214<\/a>, when such facility is licensed by the Department as a children’s residential facility under Chapter 17 (§ 63.2-1700<\/a> et seq.), but including any portion of the facility not so licensed; and (iv) any housing project for individuals who are 62 years of age or older or individuals with disabilities that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more adults who are aged or infirm or who have disabilities. Maintenance or care means the protection, general supervision and oversight of the physical and mental well-being of an individual who is aged or infirm or who has a disability.\n\t\t\t“Auxiliary grants<\/span>” means cash payments made to certain aged, blind, or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive these benefits except for excess income.\n\t\t\t“Birth family<\/span>” or “birth sibling<\/span>” means the child’s biological family or biological sibling.\n\t\t\t“Birth parent<\/span>” means the child’s biological parent and, for purposes of adoptive placement<\/span>, means parent(s) by previous adoption.\n\t\t\t“Board” means the State Board of Social Services<\/span>.\n\t\t\t“Child” means any natural person who is (i) under 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917<\/a> et seq.) of Chapter 9, under 21 years of age and meets the eligibility criteria set forth in § 63.2-919<\/a>.\n\t\t\t“Child-placing agency<\/span>” means (i) any person who places children in foster homes<\/span>, adoptive homes<\/span> or independent living arrangements<\/span> pursuant to § 63.2-1819<\/a>, (ii) a local board<\/span> that places children in foster homes<\/span> or adoptive homes<\/span> pursuant to §§ 63.2-900<\/a>, 63.2-903<\/a>, and 63.2-1221<\/a>, or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§ 20-166<\/a> et seq.) of Title 20. “Child-placing agency<\/span>” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§ 20-166<\/a> et seq.) of Title 20. Officers, employees, or agents of the Commonwealth, or any locality acting within the scope of their authority as such, who serve as or maintain a child-placing agency<\/span>, shall not be required to be licensed.\n\t\t\t“Child-protective services<\/span>” means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. It also includes assessment, and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.\n\t\t\t“Children’s advocacy center” means a child-friendly facility that (i) enables law<\/span> enforcement, child protection, prosecution<\/span>, mental health, medical, and victim advocacy professionals to work together to investigate child abuse, help children heal from abuse, and hold offenders accountable; (ii) has completed, or is in the process of completing, certain accreditation obligations and requires any forensic interview conducted at such facility to only be conducted by a trained child forensic interviewer in a multidisciplinary team collaborative effort; and (iii) is a member in good standing of the Children’s Advocacy Centers of Virginia.\n\t\t\t“Children’s Advocacy Centers of Virginia” means the organizing entity for children’s advocacy centers in Virginia.\n\t\t\t“Child support services<\/span>” means any civil, criminal or administrative action taken by the Division of Child Support Enforcement to locate parents; establish paternity; and establish, modify, enforce, or collect child support, or child and spousal support.\n\t\t\t“Child-welfare agency<\/span>” means a child-placing agency<\/span>, children’s residential facility, or independent foster home<\/span>.\n\t\t\t“Children’s residential facility” means any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services<\/span> to persons between 18 and 21 years of age who are in the process of transitioning out of foster care. Children’s residential facility shall not include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An establishment required to be licensed as a summer camp by § 35.1-18<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A licensed or accredited hospital legally maintained as such.\n\t\t\t“Commissioner<\/span>” means the Commissioner<\/span> of the Department, his designee or authorized representative.\n\t\t\t“Department” means the State Department of Social Services<\/span>.\n\t\t\t“Department of Health and Human Services<\/span>” means the Department of Health and Human Services<\/span> of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.\n\t\t\t“Disposable income<\/span>” means that part of the income due and payable of any individual remaining after the deduction of any amount required by law<\/span> to be withheld.\n\t\t\t“Energy assistance<\/span>” means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials<\/span> or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805<\/a>, or provided under the Virginia Energy Assistance<\/span> Program established pursuant to the Low-Income Home Energy Assistance<\/span> Act of 1981 (Title XXVI of P.L. 97-35), as amended.\n\t\t\t“Family and permanency team<\/span>” means the group of individuals assembled by the local department<\/span> to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin<\/span> of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members. In the case of a child who is 14 years of age or older, the family and permanency team<\/span> shall also include any members of the child’s case planning team that were selected by the child in accordance with subsection A of § 16.1-281<\/a>.\n\t\t\t“Federal-Funded Kinship Guardianship Assistance program<\/span>” means a program consistent with 42 U.S.C. § 673 that provides, subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1305<\/a>, payments to eligible individuals who have received custody<\/span> of a child of whom they had been the foster parents.\n\t\t\t“Fictive kin<\/span>” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care placement<\/span>” means placement of a child through (i) an agreement between the parents or guardians and the local board<\/span> where legal custody<\/span> remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board<\/span> or licensed child-placing agency<\/span>. “Foster care placement<\/span>” does not include placement of a child in accordance with a power of attorney<\/span> pursuant to Chapter 10 (§ 20-166<\/a> et seq.) of Title 20.\n\t\t\t“Foster home” means a residence approved by a child-placing agency<\/span> or local board<\/span> in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney<\/span> to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child’s legal guardian pursuant to Chapter 10 (§ 20-166<\/a> et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.\n\t\t\t“General relief<\/span>” means money payments and other forms of relief made to those persons mentioned in § 63.2-802<\/a> in accordance with the regulations of the Board and reimbursable in accordance with § 63.2-401<\/a>.\n\t\t\t“Independent foster home<\/span>” means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency<\/span> except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person; (ii) a home in which is received a child or children committed under the provisions of subdivision A 4 of § 16.1-278.2<\/a>, subdivision 6 of § 16.1-278.4<\/a>, or subdivision A 13 of § 16.1-278.8<\/a>; and (iii) a home in which are received only children who are the subject of a properly executed power of attorney<\/span> pursuant to Chapter 10 (§ 20-166<\/a> et seq.) of Title 20.\n\t\t\t“Independent living” means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.\n\t\t\t“Independent living arrangement<\/span>” means placement of (i) a child at least 16 years of age who is in the custody<\/span> of a local board<\/span> or licensed child-placing agency<\/span> by the local board<\/span> or licensed child-placing agency<\/span> or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services<\/span>” means services and activities provided to a child in foster care 14 years of age or older who was committed or entrusted to a local board<\/span> of social services<\/span>, child welfare agency, or private child-placing agency<\/span>. “Independent living services<\/span>” may also mean services and activities provided to a person who (i) was in foster care on his 18th birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody<\/span> of a local board<\/span> of social services<\/span>; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement<\/span>. Such services shall include counseling, education, housing, employment, and money management skills development, access to essential documents, and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Independent physician<\/span>” means a physician who is chosen by the resident of the assisted living facility<\/span> and who has no financial interest in the assisted living facility<\/span>, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence.\n\t\t\t“Intercountry placement<\/span>” means the arrangement for the care of a child in an adoptive home<\/span> or foster care placement<\/span> into or out of the Commonwealth by a licensed child-placing agency<\/span>, court<\/span>, or other entity authorized to make such placements in accordance with the laws<\/span> of the foreign country under which it operates.\n\t\t\t“Interstate placement<\/span>” means the arrangement for the care of a child in an adoptive home<\/span>, foster care placement<\/span> or in the home of the child’s parent or with a relative or nonagency guardian, into or out of the Commonwealth, by a child-placing agency<\/span> or court<\/span> when the full legal right of the child’s parent or nonagency guardian to plan for the child has been voluntarily terminated or limited or severed by the action of any court<\/span>.\n\t\t\t“Kinship care<\/span>” means the full-time care, nurturing, and protection of children by relatives.\n\t\t\t“Kinship guardian<\/span>” means the adult relative of a child in a kinship guardianship established in accordance with § 63.2-1305<\/a> or 63.2-1306<\/a> who has been awarded custody<\/span> of the child by the court<\/span> after acting as the child’s foster parent.\n\t\t\t“Kinship guardianship” means a relationship established in accordance with § 63.2-1305<\/a> or 63.2-1306<\/a> between a child and an adult relative of the child who has formerly acted as the child’s foster parent that is intended to be permanent and self-sustaining as evidenced by the transfer by the court<\/span> to the adult relative of the child of the authority necessary to ensure the protection, education, care and control, and custody<\/span> of the child and the authority for decision making for the child.\n\t\t\t“Local board<\/span>” means the local board<\/span> of social services<\/span> representing one or more counties or cities.\n\t\t\t“Local department<\/span>” means the local department<\/span> of social services<\/span> of any county or city in the Commonwealth.\n\t\t\t“Local director<\/span>” means the director or his designated representative of the local department<\/span> of the city or county.\n\t\t\t“Merit system plan<\/span>” means those regulations adopted by the Board in the development and operation of a system of personnel administration meeting requirements of the federal Office of Personnel Management.\n\t\t\t“Parental placement<\/span>” means locating or effecting the placement of a child or the placing of a child in a family home by the child’s parent or legal guardian for the purpose of foster care or adoption.\n\t\t\t“Public assistance<\/span>” means Temporary Assistance for Needy Families<\/span> (TANF<\/span>); auxiliary grants<\/span> to the aged, blind, and disabled; medical assistance; energy assistance<\/span>; food stamps; employment services; child care; and general relief<\/span>.\n\t\t\t“Qualified assessor<\/span>” means an entity contracting with the Department of Medical Assistance Services to perform nursing facility pre-admission screening or to complete the uniform assessment instrument for a home and community-based waiver<\/span> program, including an independent physician<\/span> contracting with the Department of Medical Assistance Services to complete the uniform assessment instrument for residents of assisted living facilities, or any hospital that has contracted with the Department of Medical Assistance Services to perform nursing facility pre-admission screenings.\n\t\t\t“Qualified individual<\/span>” means a trained professional or licensed clinician who is not an employee of the local board<\/span> of social services<\/span> or licensed child-placing agency<\/span> that placed the child in a qualified residential treatment program<\/span> and is not affiliated with any placement setting in which children are placed by such local board<\/span> of social services<\/span> or licensed child-placing agency<\/span>.\n\t\t\t“Qualified residential treatment program<\/span>” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings<\/span> and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin<\/span> of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual<\/span> that (a) assesses the strengths and needs of the child using an age-appropriate, evidence<\/span>-based, validated, and functional assessment tool approved by the Commissioner<\/span> of Social Services<\/span>; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program<\/span>, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court<\/span> prior to any hearing<\/span> on the child’s placement pursuant to § 16.1-281<\/a>, 16.1-282<\/a>, 16.1-282.1<\/a>, or 16.1-282.2<\/a>.\n\t\t\t“Residential living care<\/span>” means a level of service provided by an assisted living facility<\/span> for adults who may have physical or mental impairments and require only minimal assistance with the activities of daily living. The definition of “residential living care<\/span>” includes the services provided by independent living facilities that voluntarily become licensed.\n\t\t\t“Sibling” means each of two or more children having one or more parents in common.\n\t\t\t“Social services<\/span>” means foster care, adoption, adoption assistance, child-protective services<\/span>, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. Social services<\/span> also includes adult services pursuant to Article 4 (§ 51.5-144<\/a> et seq.) of Chapter 14 of Title 51.5 and adult protective services<\/span> pursuant to Article 5 (§ 51.5-148<\/a>) of Chapter 14 of Title 51.5 provided by local departments<\/span> of social services<\/span> in accordance with regulations and under the supervision of the Commissioner<\/span> for Aging and Rehabilitative Services.\n\t\t\t“Special order<\/span>” means an order imposing an administrative sanction<\/span> issued to any party<\/span> licensed pursuant to this title by the Commissioner<\/span> that has a stated duration of not more than 12 months. A special order<\/span> shall be considered a case decision as defined in § 2.2-4001<\/a>.\n\t\t\t“State-Funded Kinship Guardianship Assistance program<\/span>” means a program that provides payments to eligible individuals who have received custody<\/span> of a relative child subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1306<\/a>.\n\t\t\t“Supervised independent living setting<\/span>” means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917<\/a> et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, contracted supervision. “Supervised independent living setting<\/span>” does not include residential facilities or group homes.\n\t\t\t“Temporary Assistance for Needy Families<\/span>” or “TANF<\/span>” means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children.\n\t\t\t“Temporary Assistance for Needy Families<\/span>-Unemployed Parent<\/span>” or “TANF<\/span>-UP<\/span>” means the Temporary Assistance for Needy Families<\/span> program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § 63.2-609<\/a>.\n\t\t\t“Title IV-E Foster Care<\/span>” means a federal program authorized under §§ 472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on behalf of qualifying children. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 63.2-100)\n\nAs used in this title, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child less than 18 years of\nage:\n\n1. Whose parents or other person responsible for his care creates or inflicts,\nthreatens to create or inflict, or allows to be created or inflicted upon such\nchild a physical or mental injury by other than accidental means, or creates a\nsubstantial risk of death, disfigurement, or impairment of bodily or mental\nfunctions, including, but not limited to, a child who is with his parent or\nother person responsible for his care either (i) during the manufacture or\nattempted manufacture of a Schedule I or II controlled substance, or (ii) during\nthe unlawful sale of such substance by that child’s parents or other\nperson responsible for his care, where such manufacture, or attempted\nmanufacture or unlawful sale would constitute a felony violation of §\n18.2-248;\n\n2. Whose parents or other person responsible for his care neglects or refuses to\nprovide care necessary for his health. However, no child who in good faith is\nunder treatment solely by spiritual means through prayer in accordance with the\ntenets and practices of a recognized church or religious denomination shall for\nthat reason alone be considered to be an abused or neglected child. Further, a\ndecision by parents who have legal authority for the child or, in the absence of\nparents with legal authority for the child, any person with legal authority for\nthe child, who refuses a particular medical treatment for a child with a\nlife-threatening condition shall not be deemed a refusal to provide necessary\ncare if (i) such decision is made jointly by the parents or other person with\nlegal authority and the child; (ii) the child has reached 14 years of age and is\nsufficiently mature to have an informed opinion on the subject of his medical\ntreatment; (iii) the parents or other person with legal authority and the child\nhave considered alternative treatment options; and (iv) the parents or other\nperson with legal authority and the child believe in good faith that such\ndecision is in the child’s best interest. No child whose parent or other\nperson responsible for his care allows the child to engage in independent\nactivities without adult supervision shall for that reason alone be considered\nto be an abused or neglected child, provided that (a) such independent\nactivities are appropriate based on the child’s age, maturity, and\nphysical and mental abilities and (b) such lack of supervision does not\nconstitute conduct that is so grossly negligent as to endanger the health or\nsafety of the child. Such independent activities include traveling to or from\nschool or nearby locations by bicycle or on foot, playing outdoors, or remaining\nat home for a reasonable period of time. Nothing in this subdivision shall be\nconstrued to limit the provisions of § 16.1-278.4;\n\n3. Whose parents or other person responsible for his care abandons such child;\n\n4. Whose parents or other person responsible for his care, or an intimate\npartner of such parent or person, commits or allows to be committed any act of\nsexual exploitation or any sexual act upon a child in violation of the law;\n\n5. Who is without parental care or guardianship caused by the unreasonable\nabsence or the mental or physical incapacity of the child’s parent,\nguardian, legal custodian or other person standing in loco parentis;\n\n6. Whose parents or other person responsible for his care creates a substantial\nrisk of physical or mental injury by knowingly leaving the child alone in the\nsame dwelling, including an apartment as defined in § 55.1-2000, with a\nperson to whom the child is not related by blood or marriage and who the parent\nor other person responsible for his care knows has been convicted of an offense\nagainst a minor for which registration is required as a Tier III offender\npursuant to § 9.1-902; or\n\n7. Who has been identified as a victim of sex trafficking or severe forms of\ntrafficking as defined in the Trafficking Victims Protection Act of 2000, 22\nU.S.C. § 7102 et seq., and in the Justice for Victims of Trafficking Act of\n2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this title is based solely on the parent having\nleft the child at a hospital or emergency medical services agency, it shall be\nan affirmative defense that such parent safely delivered the child within 30\ndays of the child’s birth to (i) a hospital that provides 24-hour\nemergency services, (ii) an attended emergency medical services agency that\nemploys emergency medical services providers, or (iii) a newborn safety device\nlocated at and operated by such hospital or emergency medical services agency.\nFor purposes of terminating parental rights pursuant to § 16.1-283 and\nplacement for adoption, the court may find such a child is a neglected child\nupon the ground of abandonment.\n\t\t\t“Adoptive home” means any family home selected and approved by a\nparent, local board or a licensed child-placing agency for the placement of a\nchild with the intent of adoption.\n\t\t\t“Adoptive placement” means arranging for the care of a child who\nis in the custody of a child-placing agency in an approved home for the purpose\nof adoption.\n\t\t\t“Adult abuse” means the willful infliction of physical pain,\ninjury or mental anguish or unreasonable confinement of an adult as defined in\n§ 63.2-1603.\n\t\t\t“Adult day center” means any facility that is either operated for\nprofit or that desires licensure and that provides supplementary care and\nprotection during only a part of the day to four or more adults who are aged or\ninfirm or who have disabilities and who reside elsewhere, except (i) a facility\nor portion of a facility licensed by the State Board of Health or the Department\nof Behavioral Health and Developmental Services, and (ii) the home or residence\nof an individual who cares for only persons related to him by blood or marriage.\nIncluded in this definition are any two or more places, establishments or\ninstitutions owned, operated or controlled by a single entity and providing such\nsupplementary care and protection to a combined total of four or more adults who\nare aged or infirm or who have disabilities.\n\t\t\t“Adult exploitation” means the illegal, unauthorized, improper,\nor fraudulent use of an adult as defined in § 63.2-1603 or his funds,\nproperty, benefits, resources, or other assets for another’s profit,\nbenefit, or advantage, including a caregiver or person serving in a fiduciary\ncapacity, or that deprives the adult of his rightful use of or access to such\nfunds, property, benefits, resources, or other assets. “Adult\nexploitation” includes (i) an intentional breach of a fiduciary obligation\nto an adult to his detriment or an intentional failure to use the financial\nresources of an adult in a manner that results in neglect of such adult; (ii)\nthe acquisition, possession, or control of an adult’s financial resources\nor property through the use of undue influence, coercion, or duress; and (iii)\nforcing or coercing an adult to pay for goods or services or perform services\nagainst his will for another’s profit, benefit, or advantage if the adult\ndid not agree, or was tricked, misled, or defrauded into agreeing, to pay for\nsuch goods or services or to perform such services.\n\t\t\t“Adult foster care” means room and board, supervision, and\nspecial services to an adult who has a physical or mental condition. Adult\nfoster care may be provided by a single provider for up to three adults.\n“Adult foster care” does not include services or support provided to\nindividuals through the Fostering Futures program set forth in Article 2 (§\n63.2-917 et seq.) of Chapter 9.\n\t\t\t“Adult neglect” means that an adult as defined in §\n63.2-1603 is living under such circumstances that he is not able to provide for\nhimself or is not being provided services necessary to maintain his physical and\nmental health and that the failure to receive such necessary services impairs or\nthreatens to impair his well-being. However, no adult shall be considered\nneglected solely on the basis that such adult is receiving religious nonmedical\ntreatment or religious nonmedical nursing care in lieu of medical care, provided\nthat such treatment or care is performed in good faith and in accordance with\nthe religious practices of the adult and there is a written or oral expression\nof consent by that adult.\n\t\t\t“Adult protective services” means services provided by the local\ndepartment that are necessary to protect an adult as defined in § 63.2-1603\nfrom abuse, neglect or exploitation.\n\t\t\t“Assisted living care” means a level of service provided by an\nassisted living facility for adults who may have physical or mental impairments\nand require at least a moderate level of assistance with activities of daily\nliving.\n\t\t\t“Assisted living facility” means any congregate residential\nsetting that provides or coordinates personal and health care services, 24-hour\nsupervision, and assistance (scheduled and unscheduled) for the maintenance or\ncare of four or more adults who are aged or infirm or who have disabilities and\nwho are cared for in a primarily residential setting, except (i) a facility or\nportion of a facility licensed by the State Board of Health or the Department of\nBehavioral Health and Developmental Services, but including any portion of such\nfacility not so licensed; (ii) the home or residence of an individual who cares\nfor or maintains only persons related to him by blood or marriage; (iii) a\nfacility or portion of a facility serving individuals who are infirm or who have\ndisabilities between the ages of 18 and 21, or 22 if enrolled in an educational\nprogram for individuals with disabilities pursuant to § 22.1-214, when such\nfacility is licensed by the Department as a children’s residential\nfacility under Chapter 17 (§ 63.2-1700 et seq.), but including any portion\nof the facility not so licensed; and (iv) any housing project for individuals\nwho are 62 years of age or older or individuals with disabilities that provides\nno more than basic coordination of care services and is funded by the U.S.\nDepartment of Housing and Urban Development, by the U.S. Department of\nAgriculture, or by the Virginia Housing Development Authority. Included in this\ndefinition are any two or more places, establishments or institutions owned or\noperated by a single entity and providing maintenance or care to a combined\ntotal of four or more adults who are aged or infirm or who have disabilities.\nMaintenance or care means the protection, general supervision and oversight of\nthe physical and mental well-being of an individual who is aged or infirm or who\nhas a disability.\n\t\t\t“Auxiliary grants” means cash payments made to certain aged,\nblind, or disabled individuals who receive benefits under Title XVI of the\nSocial Security Act, as amended, or would be eligible to receive these benefits\nexcept for excess income.\n\t\t\t“Birth family” or “birth sibling” means the\nchild’s biological family or biological sibling.\n\t\t\t“Birth parent” means the child’s biological parent and, for\npurposes of adoptive placement, means parent(s) by previous adoption.\n\t\t\t“Board” means the State Board of Social Services.\n\t\t\t“Child” means any natural person who is (i) under 18 years of age\nor (ii) for purposes of the Fostering Futures program set forth in Article 2\n(§ 63.2-917 et seq.) of Chapter 9, under 21 years of age and meets the\neligibility criteria set forth in § 63.2-919.\n\t\t\t“Child-placing agency” means (i) any person who places children\nin foster homes, adoptive homes or independent living arrangements pursuant to\n§ 63.2-1819, (ii) a local board that places children in foster homes or\nadoptive homes pursuant to §§ 63.2-900, 63.2-903, and 63.2-1221, or\n(iii) an entity that assists parents with the process of delegating parental and\nlegal custodial powers of their children pursuant to Chapter 10 (§ 20-166\net seq.) of Title 20. “Child-placing agency” does not include the\npersons to whom such parental or legal custodial powers are delegated pursuant\nto Chapter 10 (§ 20-166 et seq.) of Title 20. Officers, employees, or\nagents of the Commonwealth, or any locality acting within the scope of their\nauthority as such, who serve as or maintain a child-placing agency, shall not be\nrequired to be licensed.\n\t\t\t“Child-protective services” means the identification, receipt and\nimmediate response to complaints and reports of alleged child abuse or neglect\nfor children under 18 years of age. It also includes assessment, and arranging\nfor and providing necessary protective and rehabilitative services for a child\nand his family when the child has been found to have been abused or neglected or\nis at risk of being abused or neglected.\n\t\t\t“Children’s advocacy center” means a child-friendly\nfacility that (i) enables law enforcement, child protection, prosecution, mental\nhealth, medical, and victim advocacy professionals to work together to\ninvestigate child abuse, help children heal from abuse, and hold offenders\naccountable; (ii) has completed, or is in the process of completing, certain\naccreditation obligations and requires any forensic interview conducted at such\nfacility to only be conducted by a trained child forensic interviewer in a\nmultidisciplinary team collaborative effort; and (iii) is a member in good\nstanding of the Children’s Advocacy Centers of Virginia.\n\t\t\t“Children’s Advocacy Centers of Virginia” means the\norganizing entity for children’s advocacy centers in Virginia.\n\t\t\t“Child support services” means any civil, criminal or\nadministrative action taken by the Division of Child Support Enforcement to\nlocate parents; establish paternity; and establish, modify, enforce, or collect\nchild support, or child and spousal support.\n\t\t\t“Child-welfare agency” means a child-placing agency,\nchildren’s residential facility, or independent foster home.\n\t\t\t“Children’s residential facility” means any facility,\nchild-caring institution, or group home that is maintained for the purpose of\nreceiving children separated from their parents or guardians for full-time care,\nmaintenance, protection and guidance, or for the purpose of providing\nindependent living services to persons between 18 and 21 years of age who are in\nthe process of transitioning out of foster care. Children’s residential\nfacility shall not include:\n\n1. A licensed or accredited educational institution whose pupils, in the\nordinary course of events, return annually to the homes of their parents or\nguardians for not less than two months of summer vacation;\n\n2. An establishment required to be licensed as a summer camp by § 35.1-18;\nand\n\n3. A licensed or accredited hospital legally maintained as such.\n\t\t\t“Commissioner” means the Commissioner of the Department, his\ndesignee or authorized representative.\n\t\t\t“Department” means the State Department of Social Services.\n\t\t\t“Department of Health and Human Services” means the Department of\nHealth and Human Services of the United States government or any department or\nagency thereof that may hereafter be designated as the agency to administer the\nSocial Security Act, as amended.\n\t\t\t“Disposable income” means that part of the income due and payable\nof any individual remaining after the deduction of any amount required by law to\nbe withheld.\n\t\t\t“Energy assistance” means benefits to assist low-income\nhouseholds with their home heating and cooling needs, including, but not limited\nto, purchase of materials or substances used for home heating, repair or\nreplacement of heating equipment, emergency intervention in no-heat situations,\npurchase or repair of cooling equipment, and payment of electric bills to\noperate cooling equipment, in accordance with § 63.2-805, or provided under\nthe Virginia Energy Assistance Program established pursuant to the Low-Income\nHome Energy Assistance Act of 1981 (Title XXVI of P.L. 97-35), as amended.\n\t\t\t“Family and permanency team” means the group of individuals\nassembled by the local department to assist with determining planning and\nplacement options for a child, which shall include, as appropriate, all\nbiological relatives and fictive kin of the child, as well as any professionals\nwho have served as a resource to the child or his family, such as teachers,\nmedical or mental health providers, and clergy members. In the case of a child\nwho is 14 years of age or older, the family and permanency team shall also\ninclude any members of the child’s case planning team that were selected\nby the child in accordance with subsection A of § 16.1-281.\n\t\t\t“Federal-Funded Kinship Guardianship Assistance program” means a\nprogram consistent with 42 U.S.C. § 673 that provides, subject to a kinship\nguardianship assistance agreement developed in accordance with § 63.2-1305,\npayments to eligible individuals who have received custody of a child of whom\nthey had been the foster parents.\n\t\t\t“Fictive kin” means persons who are not related to a child by\nblood or adoption but have an established relationship with the child or his\nfamily.\n\t\t\t“Foster care placement” means placement of a child through (i) an\nagreement between the parents or guardians and the local board where legal\ncustody remains with the parents or guardians or (ii) an entrustment or\ncommitment of the child to the local board or licensed child-placing agency.\n“Foster care placement” does not include placement of a child in\naccordance with a power of attorney pursuant to Chapter 10 (§ 20-166 et\nseq.) of Title 20.\n\t\t\t“Foster home” means a residence approved by a child-placing\nagency or local board in which any child, other than a child by birth or\nadoption of such person or a child who is the subject of a power of attorney to\ndelegate parental or legal custodial powers by his parents or legal custodian to\nthe natural person who has been designated the child’s legal guardian\npursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 and who exercises\nlegal authority over the child on a continuous basis for at least 24 hours\nwithout compensation, resides as a member of the household.\n\t\t\t“General relief” means money payments and other forms of relief\nmade to those persons mentioned in § 63.2-802 in accordance with the\nregulations of the Board and reimbursable in accordance with § 63.2-401.\n\t\t\t“Independent foster home” means a private family home in which\nany child, other than a child by birth or adoption of such person, resides as a\nmember of the household and has been placed therein independently of a\nchild-placing agency except (i) a home in which are received only children\nrelated by birth or adoption of the person who maintains such home and children\nof personal friends of such person; (ii) a home in which is received a child or\nchildren committed under the provisions of subdivision A 4 of § 16.1-278.2,\nsubdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8;\nand (iii) a home in which are received only children who are the subject of a\nproperly executed power of attorney pursuant to Chapter 10 (§ 20-166 et\nseq.) of Title 20.\n\t\t\t“Independent living” means a planned program of services designed\nto assist a child age 16 and over and persons who are former foster care\nchildren or were formerly committed to the Department of Juvenile Justice and\nare between the ages of 18 and 21 in transitioning to self-sufficiency.\n\t\t\t“Independent living arrangement” means placement of (i) a child\nat least 16 years of age who is in the custody of a local board or licensed\nchild-placing agency by the local board or licensed child-placing agency or (ii)\na child at least 16 years of age or a person between the ages of 18 and 21 who\nwas committed to the Department of Juvenile Justice immediately prior to\nplacement by the Department of Juvenile Justice, in a living arrangement in\nwhich such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities\nprovided to a child in foster care 14 years of age or older who was committed or\nentrusted to a local board of social services, child welfare agency, or private\nchild-placing agency. “Independent living services” may also mean\nservices and activities provided to a person who (i) was in foster care on his\n18th birthday and has not yet reached the age of 21 years; (ii) is between the\nages of 18 and 21 and who, immediately prior to his commitment to the Department\nof Juvenile Justice, was in the custody of a local board of social services; or\n(iii) is a child at least 16 years of age or a person between the ages of 18 and\n21 who was committed to the Department of Juvenile Justice immediately prior to\nplacement in an independent living arrangement. Such services shall include\ncounseling, education, housing, employment, and money management skills\ndevelopment, access to essential documents, and other appropriate services to\nhelp children or persons prepare for self-sufficiency.\n\t\t\t“Independent physician” means a physician who is chosen by the\nresident of the assisted living facility and who has no financial interest in\nthe assisted living facility, directly or indirectly, as an owner, officer, or\nemployee or as an independent contractor with the residence.\n\t\t\t“Intercountry placement” means the arrangement for the care of a\nchild in an adoptive home or foster care placement into or out of the\nCommonwealth by a licensed child-placing agency, court, or other entity\nauthorized to make such placements in accordance with the laws of the foreign\ncountry under which it operates.\n\t\t\t“Interstate placement” means the arrangement for the care of a\nchild in an adoptive home, foster care placement or in the home of the\nchild’s parent or with a relative or nonagency guardian, into or out of\nthe Commonwealth, by a child-placing agency or court when the full legal right\nof the child’s parent or nonagency guardian to plan for the child has been\nvoluntarily terminated or limited or severed by the action of any court.\n\t\t\t“Kinship care” means the full-time care, nurturing, and\nprotection of children by relatives.\n\t\t\t“Kinship guardian” means the adult relative of a child in a\nkinship guardianship established in accordance with § 63.2-1305 or\n63.2-1306 who has been awarded custody of the child by the court after acting as\nthe child’s foster parent.\n\t\t\t“Kinship guardianship” means a relationship established in\naccordance with § 63.2-1305 or 63.2-1306 between a child and an adult\nrelative of the child who has formerly acted as the child’s foster parent\nthat is intended to be permanent and self-sustaining as evidenced by the\ntransfer by the court to the adult relative of the child of the authority\nnecessary to ensure the protection, education, care and control, and custody of\nthe child and the authority for decision making for the child.\n\t\t\t“Local board” means the local board of social services\nrepresenting one or more counties or cities.\n\t\t\t“Local department” means the local department of social services\nof any county or city in the Commonwealth.\n\t\t\t“Local director” means the director or his designated\nrepresentative of the local department of the city or county.\n\t\t\t“Merit system plan” means those regulations adopted by the Board\nin the development and operation of a system of personnel administration meeting\nrequirements of the federal Office of Personnel Management.\n\t\t\t“Parental placement” means locating or effecting the placement of\na child or the placing of a child in a family home by the child’s parent\nor legal guardian for the purpose of foster care or adoption.\n\t\t\t“Public assistance” means Temporary Assistance for Needy Families\n(TANF); auxiliary grants to the aged, blind, and disabled; medical assistance;\nenergy assistance; food stamps; employment services; child care; and general\nrelief.\n\t\t\t“Qualified assessor” means an entity contracting with the\nDepartment of Medical Assistance Services to perform nursing facility\npre-admission screening or to complete the uniform assessment instrument for a\nhome and community-based waiver program, including an independent physician\ncontracting with the Department of Medical Assistance Services to complete the\nuniform assessment instrument for residents of assisted living facilities, or\nany hospital that has contracted with the Department of Medical Assistance\nServices to perform nursing facility pre-admission screenings.\n\t\t\t“Qualified individual” means a trained professional or licensed\nclinician who is not an employee of the local board of social services or\nlicensed child-placing agency that placed the child in a qualified residential\ntreatment program and is not affiliated with any placement setting in which\nchildren are placed by such local board of social services or licensed\nchild-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that\n(i) provides 24-hour residential placement services for children in foster care;\n(ii) has adopted a trauma-informed treatment model that meets the clinical and\nother needs of children with serious emotional or behavioral disorders,\nincluding any clinical or other needs identified through assessments conducted\npursuant to clause (viii) of this definition; (iii) employs registered or\nlicensed nursing and other clinical staff who provide care, on site and within\nthe scope of their practice, and are available 24 hours a day, 7 days a week;\n(iv) conducts outreach with the child’s family members, including efforts\nto maintain connections between the child and his siblings and other family;\ndocuments and maintains records of such outreach efforts; and maintains contact\ninformation for any known biological family and fictive kin of the child; (v)\nwhenever appropriate and in the best interest of the child, facilitates\nparticipation by family members in the child’s treatment program before\nand after discharge and documents the manner in which such participation is\nfacilitated; (vi) provides discharge planning and family-based aftercare support\nfor at least six months after discharge; (vii) is licensed in accordance with 42\nU.S.C. § 671(a)(10) and accredited by an organization approved by the\nfederal Secretary of Health and Human Services; and (viii) requires that any\nchild placed in the program receive an assessment within 30 days of such\nplacement by a qualified individual that (a) assesses the strengths and needs of\nthe child using an age-appropriate, evidence-based, validated, and functional\nassessment tool approved by the Commissioner of Social Services; (b) identifies\nwhether the needs of the child can be met through placement with a family member\nor in a foster home or, if not, in a placement setting authorized by 42 U.S.C.\n§ 672(k)(2), including a qualified residential treatment program, that\nwould provide the most effective and appropriate level of care for the child in\nthe least restrictive environment and be consistent with the short-term and\nlong-term goals established for the child in his foster care or permanency plan;\n(c) establishes a list of short-term and long-term mental and behavioral health\ngoals for the child; and (d) is documented in a written report to be filed with\nthe court prior to any hearing on the child’s placement pursuant to §\n16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residential living care” means a level of service provided by an\nassisted living facility for adults who may have physical or mental impairments\nand require only minimal assistance with the activities of daily living. The\ndefinition of “residential living care” includes the services\nprovided by independent living facilities that voluntarily become licensed.\n\t\t\t“Sibling” means each of two or more children having one or more\nparents in common.\n\t\t\t“Social services” means foster care, adoption, adoption\nassistance, child-protective services, domestic violence services, or any other\nservices program implemented in accordance with regulations adopted by the\nBoard. Social services also includes adult services pursuant to Article 4\n(§ 51.5-144 et seq.) of Chapter 14 of Title 51.5 and adult protective\nservices pursuant to Article 5 (§ 51.5-148) of Chapter 14 of Title 51.5\nprovided by local departments of social services in accordance with regulations\nand under the supervision of the Commissioner for Aging and Rehabilitative\nServices.\n\t\t\t“Special order” means an order imposing an administrative\nsanction issued to any party licensed pursuant to this title by the Commissioner\nthat has a stated duration of not more than 12 months. A special order shall be\nconsidered a case decision as defined in § 2.2-4001.\n\t\t\t“State-Funded Kinship Guardianship Assistance program” means a\nprogram that provides payments to eligible individuals who have received custody\nof a relative child subject to a kinship guardianship assistance agreement\ndeveloped in accordance with § 63.2-1306.\n\t\t\t“Supervised independent living setting” means the residence of a\nperson 18 years of age or older who is participating in the Fostering Futures\nprogram set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where\nsupervision includes a monthly visit with a service worker or, when appropriate,\ncontracted supervision. “Supervised independent living setting” does\nnot include residential facilities or group homes.\n\t\t\t“Temporary Assistance for Needy Families” or “TANF”\nmeans the program administered by the Department through which a relative can\nreceive monthly cash assistance for the support of his eligible children.\n\t\t\t“Temporary Assistance for Needy Families-Unemployed Parent” or\n“TANF-UP” means the Temporary Assistance for Needy Families program\nfor families in which both natural or adoptive parents of a child reside in the\nhome and neither parent is exempt from Virginia Initiative for Education and\nWork (VIEW) participation under § 63.2-609.\n\t\t\t“Title IV-E Foster Care” means a federal program authorized under\n§§ 472 and 473 of the Social Security Act, as amended, and\nadministered by the Department through which foster care is provided on behalf\nof qualifying children.\n\nHISTORY: Code 1950, \u00a7\u00a7 63-101, 63-222, 63-232, 63-347, 63-351; 1954, cc. 259,\n290, 489; 1956, cc. 300, 641; 1960, cc. 331, 390; 1962, cc. 297, 603; 1966, c.\n423; 1968, cc. 578, 585, \u00a7\u00a7 63.1-87, 63.1-172, 63.1-195, 63.1-220; 1970, c.\n721; 1972, cc. 73, 540, 718; 1973, c. 227; 1974, cc. 44, 45, 413, 415, \u00a7\n63.1-250; 1975, cc. 287, 299, 311, 341, 437, 507, 524, 528, 596, \u00a7\u00a7\n63.1-238.1, 63.1-248.2; 1976, cc. 357, 649; 1977, cc. 105, 241, 532, 547, 559,\n567, 634, 645, \u00a7\u00a7 63.1-55.2, 63.1-55.8; 1978, cc. 536, 730, 749, 750; 1979, c.\n483; 1980, cc. 40, 284; 1981, cc. 75, 123, 359; 1983, c. 66; 1984, cc. 74, 76,\n498, 535, 781; 1985, cc. 17, 285, 384, 488, 518; 1986, cc. 80, 281, 308, 437,\n594; 1987, cc. 627, 650, 681; 1988, c. 906; 1989, cc. 307, 647; 1990, c. 760;\n1991, cc. 534, 595, 651, 694; 1992 c. 356, \u00a7 63.1-194.1; 1993, cc. 730, 742,\n957, 993, \u00a7 63.1-196.001; 1994, cc. 107, 837, 865, 940; 1995, cc. 401, 520,\n649, 772, 826; 1997, cc. 796, 895; 1998, cc. 115, 126, 397, 552, 727, 850; 1999,\nc. 454; 2000, cc. 61, 290, 500, 830, 845, 1058, \u00a7 63.1-219.7; 2002, c. 747;\n2003, c. 467; 2004, cc. 70, 196, 245, 753, 814; 2006, c. 868; 2007, cc. 479,\n597; 2008, cc. 475, 483; 2009, cc. 705, 813, 840; 2011, cc. 5, 156; 2012, cc.\n803, 835; 2013, cc. 5, 362, 564; 2015, cc. 502, 503, 758, 770; 2016, c. 631;\n2017, c. 195; 2018, cc. 497, 769, 770; 2019, cc. 210, 282, 297, 688; 2020, cc.\n95, 224, 366, 732, 829, 860, 861; 2021, Sp. Sess. I, c. 254; 2022, cc. 80, 81,\n366; 2023, cc. 148, 149, 568; 2024, cc. 37, 150, 779, 829.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}