{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-904.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-904.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-904.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-904.1.html"}],"law_id":55728,"edition_id":1,"section_id":55728,"structure_id":14390,"section_number":"63.2-904.1","catch_line":"Intervention by Commissioner; corrective action plans; assumption of temporary control","history":"2019, c. 446.","full_text":"A\n\nThe Commissioner shall have the authority to create and enforce a corrective action plan for any local board that, in the Commissioner’s discretion, (i) fails to provide foster care services or make placement and removal decisions in accordance with this title or Board regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of any child under its supervision and control. The corrective action plan shall (a) include specific objectives that the local board must meet in order to comply with applicable laws and regulations and ensure the health, safety, and well-being of all children in its supervision and control and (b) set the date by which such objectives must be completed, which shall not extend beyond 90 days after implementation of the corrective action plan unless the Commissioner determines that the objectives of the corrective action plan cannot be reasonably accomplished within such time frame. During the time the corrective action plan is in effect, the Commissioner may direct Department staff to provide assistance to the local board, monitor its progress in meeting the objectives stated in the plan, and take any measures necessary to protect the health, safety, and well-being of children in the local board’s supervision and control. The Commissioner shall provide regular updates to the chairman of the Board, chairman of the local board, and local director regarding the local board’s progress in meeting the objectives of the corrective action plan.\n\t\t\tPrior to implementing a corrective action plan, the Commissioner shall provide written notice of his intent to implement the corrective action plan and the reasons for which such plan was developed to the chairman of the Board, chairman of the local board, and local director. Upon request by the chairman of the Board, chairman of the local board, or local director, the Commissioner shall hold a hearing to determine whether a corrective action plan is appropriate.B\n\nIf the local board fails to timely comply with the corrective action plan, the Commissioner shall have the authority to temporarily assume control over all or part of the local board’s foster care services and associated funds. Upon assuming such control, the Commissioner may utilize Department staff or contract with private entities to provide foster care services in the locality served by the local board and manage funds appropriated for such purposes. For any period during which a local board is under the Commissioner’s control, the Commissioner shall work with the local board and local director to make any adjustments necessary to facilitate the local board’s resumption of control over its foster care services and funds. The Commissioner shall remit control of such foster care services and funds to the local board upon determining that the local board has made all adjustments necessary to ensure that foster care services are provided in compliance with state and federal law and regulations and in a manner that adequately protects the health, safety, and well-being of all children in its supervision and control.C\n\nWhenever the Commissioner assumes temporary control over a local board’s foster care services and funds pursuant to this section, the amount of local funding made available for such services shall remain equal to or greater than the amounts available immediately prior to the Commissioner’s assumption of temporary control. Additionally, the locality in which the local board is located shall be required to pay the local share of any costs associated with any services necessary to align the local board’s foster care services with state and federal laws and regulations.","order_by":null,"text":{"0":{"id":204247,"text":"The Commissioner shall have the authority to create and enforce a corrective action plan for any local board that, in the Commissioner’s discretion, (i) fails to provide foster care services or make placement and removal decisions in accordance with this title or Board regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of any child under its supervision and control. The corrective action plan shall (a) include specific objectives that the local board must meet in order to comply with applicable laws and regulations and ensure the health, safety, and well-being of all children in its supervision and control and (b) set the date by which such objectives must be completed, which shall not extend beyond 90 days after implementation of the corrective action plan unless the Commissioner determines that the objectives of the corrective action plan cannot be reasonably accomplished within such time frame. During the time the corrective action plan is in effect, the Commissioner may direct Department staff to provide assistance to the local board, monitor its progress in meeting the objectives stated in the plan, and take any measures necessary to protect the health, safety, and well-being of children in the local board’s supervision and control. The Commissioner shall provide regular updates to the chairman of the Board, chairman of the local board, and local director regarding the local board’s progress in meeting the objectives of the corrective action plan.\n\t\t\tPrior to implementing a corrective action plan, the Commissioner shall provide written notice of his intent to implement the corrective action plan and the reasons for which such plan was developed to the chairman of the Board, chairman of the local board, and local director. Upon request by the chairman of the Board, chairman of the local board, or local director, the Commissioner shall hold a hearing to determine whether a corrective action plan is appropriate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204248,"text":"If the local board fails to timely comply with the corrective action plan, the Commissioner shall have the authority to temporarily assume control over all or part of the local board’s foster care services and associated funds. Upon assuming such control, the Commissioner may utilize Department staff or contract with private entities to provide foster care services in the locality served by the local board and manage funds appropriated for such purposes. For any period during which a local board is under the Commissioner’s control, the Commissioner shall work with the local board and local director to make any adjustments necessary to facilitate the local board’s resumption of control over its foster care services and funds. The Commissioner shall remit control of such foster care services and funds to the local board upon determining that the local board has made all adjustments necessary to ensure that foster care services are provided in compliance with state and federal law and regulations and in a manner that adequately protects the health, safety, and well-being of all children in its supervision and control.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204249,"text":"Whenever the Commissioner assumes temporary control over a local board’s foster care services and funds pursuant to this section, the amount of local funding made available for such services shall remain equal to or greater than the amounts available immediately prior to the Commissioner’s assumption of temporary control. Additionally, the locality in which the local board is located shall be required to pay the local share of any costs associated with any services necessary to align the local board’s foster care services with state and federal laws and regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14390,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14389,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271971,"object_type":"structure","relational_id":14390,"identifier":"1","token":"63.2\/III\/9\/1","url":"\/63.2\/III\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14389,"edition_id":1,"name":"Foster Care","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271969,"object_type":"structure","relational_id":14389,"identifier":"9","token":"63.2\/III\/9","url":"\/63.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","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":87280,"structure_id":14390,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","url":"\/63.2-900\/","token":"63.2\/III\/9\/1\/63.2-900","metadata":false},{"id":64851,"structure_id":14390,"section_number":"63.2-900.1","catch_line":"Kinship foster care","url":"\/63.2-900.1\/","token":"63.2\/III\/9\/1\/63.2-900.1","metadata":false},{"id":70505,"structure_id":14390,"section_number":"63.2-900.2","catch_line":"Placement of sibling groups; visitation","url":"\/63.2-900.2\/","token":"63.2\/III\/9\/1\/63.2-900.2","metadata":false},{"id":76064,"structure_id":14390,"section_number":"63.2-900.3","catch_line":"School placement of children in foster care","url":"\/63.2-900.3\/","token":"63.2\/III\/9\/1\/63.2-900.3","metadata":false},{"id":72206,"structure_id":14390,"section_number":"63.2-901","catch_line":"Supervision of placement of children in homes","url":"\/63.2-901\/","token":"63.2\/III\/9\/1\/63.2-901","metadata":false},{"id":81648,"structure_id":14390,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","url":"\/63.2-901.1\/","token":"63.2\/III\/9\/1\/63.2-901.1","metadata":false},{"id":70305,"structure_id":14390,"section_number":"63.2-902","catch_line":"Agreements with persons taking children; dispute resolution; appeals","url":"\/63.2-902\/","token":"63.2\/III\/9\/1\/63.2-902","metadata":false},{"id":83322,"structure_id":14390,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","url":"\/63.2-903\/","token":"63.2\/III\/9\/1\/63.2-903","metadata":false},{"id":76669,"structure_id":14390,"section_number":"63.2-904","catch_line":"Investigation, visitation, and supervision of foster homes or independent living arrangement; removal of child","url":"\/63.2-904\/","token":"63.2\/III\/9\/1\/63.2-904","metadata":false},{"id":55728,"structure_id":14390,"section_number":"63.2-904.1","catch_line":"Intervention by Commissioner; corrective action plans; assumption of temporary control","url":"\/63.2-904.1\/","token":"63.2\/III\/9\/1\/63.2-904.1","metadata":false},{"id":63460,"structure_id":14390,"section_number":"63.2-904.2","catch_line":"Complaint system","url":"\/63.2-904.2\/","token":"63.2\/III\/9\/1\/63.2-904.2","metadata":false},{"id":72819,"structure_id":14390,"section_number":"63.2-905","catch_line":"Foster care services","url":"\/63.2-905\/","token":"63.2\/III\/9\/1\/63.2-905","metadata":false},{"id":63664,"structure_id":14390,"section_number":"63.2-905.1","catch_line":"Independent living services","url":"\/63.2-905.1\/","token":"63.2\/III\/9\/1\/63.2-905.1","metadata":false},{"id":76451,"structure_id":14390,"section_number":"63.2-905.1:1","catch_line":" Housing services","url":"\/63.2-905.1_1\/","token":"63.2\/III\/9\/1\/63.2-905.1_1","metadata":false},{"id":59769,"structure_id":14390,"section_number":"63.2-905.2","catch_line":"Security freezes and annual credit checks for children in foster care","url":"\/63.2-905.2\/","token":"63.2\/III\/9\/1\/63.2-905.2","metadata":false},{"id":58742,"structure_id":14390,"section_number":"63.2-905.3","catch_line":"Documents provided to foster care youth","url":"\/63.2-905.3\/","token":"63.2\/III\/9\/1\/63.2-905.3","metadata":false},{"id":76193,"structure_id":14390,"section_number":"63.2-905.4","catch_line":"Individuals in foster care on eighteenth birthday; enrollment in Commonwealth's program of medical assistance","url":"\/63.2-905.4\/","token":"63.2\/III\/9\/1\/63.2-905.4","metadata":false},{"id":56947,"structure_id":14390,"section_number":"63.2-905.5","catch_line":"Survey of children aging out of foster care","url":"\/63.2-905.5\/","token":"63.2\/III\/9\/1\/63.2-905.5","metadata":false},{"id":73230,"structure_id":14390,"section_number":"63.2-905.6","catch_line":"Notice of eligibility for certain federal benefits","url":"\/63.2-905.6\/","token":"63.2\/III\/9\/1\/63.2-905.6","metadata":false},{"id":80427,"structure_id":14390,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","url":"\/63.2-906\/","token":"63.2\/III\/9\/1\/63.2-906","metadata":false},{"id":86904,"structure_id":14390,"section_number":"63.2-906.1","catch_line":"Qualified residential treatment programs","url":"\/63.2-906.1\/","token":"63.2\/III\/9\/1\/63.2-906.1","metadata":false},{"id":81818,"structure_id":14390,"section_number":"63.2-907","catch_line":"Administrative review of children in foster care","url":"\/63.2-907\/","token":"63.2\/III\/9\/1\/63.2-907","metadata":false},{"id":83951,"structure_id":14390,"section_number":"63.2-908","catch_line":"Permanent foster care placement","url":"\/63.2-908\/","token":"63.2\/III\/9\/1\/63.2-908","metadata":false},{"id":59063,"structure_id":14390,"section_number":"63.2-909","catch_line":"Child support for child placed in foster care by court","url":"\/63.2-909\/","token":"63.2\/III\/9\/1\/63.2-909","metadata":false},{"id":63433,"structure_id":14390,"section_number":"63.2-910","catch_line":"Child support for child placed in foster care where legal custody remains with parent or guardian","url":"\/63.2-910\/","token":"63.2\/III\/9\/1\/63.2-910","metadata":false},{"id":60943,"structure_id":14390,"section_number":"63.2-910.1","catch_line":"Acceptance of children by local departments of social services","url":"\/63.2-910.1\/","token":"63.2\/III\/9\/1\/63.2-910.1","metadata":false},{"id":56471,"structure_id":14390,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","url":"\/63.2-910.2\/","token":"63.2\/III\/9\/1\/63.2-910.2","metadata":false},{"id":68598,"structure_id":14390,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","url":"\/63.2-911\/","token":"63.2\/III\/9\/1\/63.2-911","metadata":false},{"id":82345,"structure_id":14390,"section_number":"63.2-912","catch_line":"Visitation of child placed in foster care","url":"\/63.2-912\/","token":"63.2\/III\/9\/1\/63.2-912","metadata":false},{"id":75827,"structure_id":14390,"section_number":"63.2-912.1","catch_line":"Notification of certain rights of foster parents of public school students","url":"\/63.2-912.1\/","token":"63.2\/III\/9\/1\/63.2-912.1","metadata":false},{"id":65725,"structure_id":14390,"section_number":"63.2-913","catch_line":"Establishment of minimum training requirements","url":"\/63.2-913\/","token":"63.2\/III\/9\/1\/63.2-913","metadata":false},{"id":57259,"structure_id":14390,"section_number":"63.2-913.1","catch_line":"Caseload standard","url":"\/63.2-913.1\/","token":"63.2\/III\/9\/1\/63.2-913.1","metadata":false},{"id":80392,"structure_id":14390,"section_number":"63.2-914","catch_line":"Not in effect","url":"\/63.2-914\/","token":"63.2\/III\/9\/1\/63.2-914","metadata":false},{"id":61194,"structure_id":14390,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","url":"\/63.2-915\/","token":"63.2\/III\/9\/1\/63.2-915","metadata":false},{"id":57653,"structure_id":14390,"section_number":"63.2-916","catch_line":"Notice of developmental disabilities","url":"\/63.2-916\/","token":"63.2\/III\/9\/1\/63.2-916","metadata":false}],"previous_section":{"id":76669,"structure_id":14390,"section_number":"63.2-904","catch_line":"Investigation, visitation, and supervision of foster homes or independent living arrangement; removal of child","url":"\/63.2-904\/","token":"63.2\/III\/9\/1\/63.2-904","metadata":false},"next_section":{"id":63460,"structure_id":14390,"section_number":"63.2-904.2","catch_line":"Complaint system","url":"\/63.2-904.2\/","token":"63.2\/III\/9\/1\/63.2-904.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-904.1\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 446<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":272009,"object_type":"law","relational_id":55728,"identifier":"63.2-904.1","token":"63.2\/III\/9\/1\/63.2-904.1","url":"\/63.2-904.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-904.1\/","token":"63.2\/III\/9\/1\/63.2-904.1","dublin_core":{"Title":"Intervention by Commissioner; corrective action plans; assumption of temporary control","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-904.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall have the authority to create and enforce a corrective action plan for any local board<\/span> that, in the Commissioner<\/span>’s discretion, (i) fails to provide foster care services or make placement and removal decisions in accordance with this title or Board regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of any child<\/span> under its supervision and control. The corrective action plan shall (a) include specific objectives that the local board<\/span> must meet in order<\/span> to comply with applicable laws<\/span> and regulations and ensure the health, safety, and well-being of all children in its supervision and control and (b) set the date by which such objectives must be completed, which shall not extend beyond 90 days after implementation of the corrective action plan unless the Commissioner<\/span> determines that the objectives of the corrective action plan cannot be reasonably accomplished within such time frame. During the time the corrective action plan is in effect, the Commissioner<\/span> may direct Department<\/span> staff to provide assistance to the local board<\/span>, monitor its progress in meeting the objectives stated in the plan, and take any measures necessary to protect the health, safety, and well-being of children in the local board<\/span>’s supervision and control. The Commissioner<\/span> shall provide regular updates to the chairman of the Board, chairman of the local board<\/span>, and local director<\/span> regarding the local board<\/span>’s progress in meeting the objectives of the corrective action plan.\n\t\t\tPrior to implementing a corrective action plan, the Commissioner<\/span> shall provide written notice of his intent<\/span> to implement the corrective action plan and the reasons for which such plan was developed to the chairman of the Board, chairman of the local board<\/span>, and local director<\/span>. Upon request by the chairman of the Board, chairman of the local board<\/span>, or local director<\/span>, the Commissioner<\/span> shall hold a hearing<\/span> to determine whether a corrective action plan is appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the local board<\/span> fails to timely comply with the corrective action plan, the Commissioner<\/span> shall have the authority to temporarily assume control over all or part of the local board<\/span>’s foster care services and associated funds. Upon assuming such control, the Commissioner<\/span> may utilize Department<\/span> staff or contract<\/span> with private entities to provide foster care services in the locality served by the local board<\/span> and manage funds appropriated for such purposes. For any period during which a local board<\/span> is under the Commissioner<\/span>’s control, the Commissioner<\/span> shall work with the local board<\/span> and local director<\/span> to make any adjustments necessary to facilitate the local board<\/span>’s resumption of control over its foster care services and funds. The Commissioner<\/span> shall remit control of such foster care services and funds to the local board<\/span> upon determining that the local board<\/span> has made all adjustments necessary to ensure that foster care services are provided in compliance with state and federal law<\/span> and regulations and in a manner that adequately protects the health, safety, and well-being of all children in its supervision and control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever the Commissioner<\/span> assumes temporary control over a local board<\/span>’s foster care services and funds pursuant to this section, the amount of local funding made available for such services shall remain equal to or greater than the amounts available immediately prior to the Commissioner<\/span>’s assumption of temporary control. Additionally, the locality in which the local board<\/span> is located shall be required to pay the local share of any costs associated with any services necessary to align the local board<\/span>’s foster care services with state and federal laws<\/span> and regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERVENTION BY COMMISSIONER; CORRECTIVE ACTION PLANS; ASSUMPTION OF TEMPORARY\nCONTROL (\u00a7 63.2-904.1)\n\nA. The Commissioner shall have the authority to create and enforce a corrective\naction plan for any local board that, in the Commissioner’s discretion,\n(i) fails to provide foster care services or make placement and removal\ndecisions in accordance with this title or Board regulations or (ii) takes any\naction or fails to act in a manner that poses a substantial risk to the health,\nsafety, or well-being of any child under its supervision and control. The\ncorrective action plan shall (a) include specific objectives that the local\nboard must meet in order to comply with applicable laws and regulations and\nensure the health, safety, and well-being of all children in its supervision and\ncontrol and (b) set the date by which such objectives must be completed, which\nshall not extend beyond 90 days after implementation of the corrective action\nplan unless the Commissioner determines that the objectives of the corrective\naction plan cannot be reasonably accomplished within such time frame. During the\ntime the corrective action plan is in effect, the Commissioner may direct\nDepartment staff to provide assistance to the local board, monitor its progress\nin meeting the objectives stated in the plan, and take any measures necessary to\nprotect the health, safety, and well-being of children in the local\nboard’s supervision and control. The Commissioner shall provide regular\nupdates to the chairman of the Board, chairman of the local board, and local\ndirector regarding the local board’s progress in meeting the objectives of\nthe corrective action plan.\n\t\t\tPrior to implementing a corrective action plan, the Commissioner shall\nprovide written notice of his intent to implement the corrective action plan and\nthe reasons for which such plan was developed to the chairman of the Board,\nchairman of the local board, and local director. Upon request by the chairman of\nthe Board, chairman of the local board, or local director, the Commissioner\nshall hold a hearing to determine whether a corrective action plan is\nappropriate.\n\nB. If the local board fails to timely comply with the corrective action plan,\nthe Commissioner shall have the authority to temporarily assume control over all\nor part of the local board’s foster care services and associated funds.\nUpon assuming such control, the Commissioner may utilize Department staff or\ncontract with private entities to provide foster care services in the locality\nserved by the local board and manage funds appropriated for such purposes. For\nany period during which a local board is under the Commissioner’s control,\nthe Commissioner shall work with the local board and local director to make any\nadjustments necessary to facilitate the local board’s resumption of\ncontrol over its foster care services and funds. The Commissioner shall remit\ncontrol of such foster care services and funds to the local board upon\ndetermining that the local board has made all adjustments necessary to ensure\nthat foster care services are provided in compliance with state and federal law\nand regulations and in a manner that adequately protects the health, safety, and\nwell-being of all children in its supervision and control.\n\nC. Whenever the Commissioner assumes temporary control over a local\nboard’s foster care services and funds pursuant to this section, the\namount of local funding made available for such services shall remain equal to\nor greater than the amounts available immediately prior to the\nCommissioner’s assumption of temporary control. Additionally, the locality\nin which the local board is located shall be required to pay the local share of\nany costs associated with any services necessary to align the local\nboard’s foster care services with state and federal laws and regulations.\n\nHISTORY: 2019, c. 446.","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}}