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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64749</law_id><section_number>63.2-1817</section_number><catch_line>Acceptance and control over children by licensed child-placing agency, children&amp;#8217;s residential facility or independent foster home</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-241</reference><reference>16.1-277.01</reference><reference>63.2-1221</reference><reference>63.2-901.1</reference><reference>63.2-903</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Licensure</unit><unit label="chapter" level="3" order_by="1" identifier="18">Facilities and Programs</unit><unit label="article" level="4" order_by="1" identifier="2">Child Welfare Agencies</unit></structure><text>
						<section><p>A licensed <span class="dictionary"><span class="dictionary">child</span>-placing agency</span>, children&#x2019;s residential facility or <span class="dictionary">independent foster home</span> shall have the right to accept, for any purpose not contrary to the limitations contained in its license, such children as may be entrusted or committed to it by the parents, guardians, relatives or other persons having legal <span class="dictionary">custody</span> thereof, or committed by any <span class="dictionary">court</span> of competent <span class="dictionary">jurisdiction</span>. The agency, facility or home shall, within the terms of its license and the agreement or <span class="dictionary">order</span> by which such <span class="dictionary">child</span> is entrusted or committed to its care, have <span class="dictionary">custody</span> and control of every <span class="dictionary">child</span> so entrusted or committed and accepted, until he is lawfully discharged, has been adopted, or has attained his majority. An entrustment agreement for the termination of parental rights and responsibilities with respect to such <span class="dictionary">child</span> shall be executed in writing and notarized.
		An agency that is licensed as a <span class="dictionary"><span class="dictionary">child</span>-placing agency</span> by the Department and certified as a proprietary school for students with disabilities by the Department of Education shall not be required to take <span class="dictionary">custody</span> of any <span class="dictionary">child</span> placed in its special education program but shall enter into a placement agreement with the parents or guardian of the <span class="dictionary">child</span> concerning the respective responsibilities of the agency and the parents or guardian for the care and control of the <span class="dictionary">child</span>. Such an agency shall conform with all other legal requirements of licensed <span class="dictionary">child</span>-placing agencies including the provisions of &#xA7;&#xA7;&#xA0;<a class="law" title="Foster care plan" href="/16.1-281/">16.1-281</a> and <a class="law" title="Foster care review" href="/16.1-282/">16.1-282</a>.
		A licensed private <span class="dictionary"><span class="dictionary">child</span>-placing agency</span> may accept placement of a <span class="dictionary">child</span> through an agreement with a <span class="dictionary">local department</span> where the <span class="dictionary">local department</span> retains legal <span class="dictionary">custody</span> of the <span class="dictionary">child</span> or where the parents or legal guardian of the <span class="dictionary">child</span> retain legal <span class="dictionary">custody</span> but have entered into a placement agreement with the <span class="dictionary">local department</span> or the public agency designated by the community policy and management team.
		Whenever a licensed <span class="dictionary"><span class="dictionary">child</span>-placing agency</span> accepts legal <span class="dictionary">custody</span> of a <span class="dictionary">child</span>, the agency shall comply with &#xA7;&#xA7;&#xA0;<a class="law" title="Foster care plan" href="/16.1-281/">16.1-281</a> and <a class="law" title="Foster care review" href="/16.1-282/">16.1-282</a>.
		A children&#x2019;s residential facility licensed as a temporary emergency shelter may accept a <span class="dictionary">child</span> for placement provided that verbal agreement for placement is obtained from the parents, guardians, relatives or other persons having legal <span class="dictionary">custody</span> thereof, within eight hours of the <span class="dictionary">child</span>&#x2019;s arrival at the facility and provided that a written placement agreement is completed and signed by the legal guardian and the facility representative within 24 hours of the <span class="dictionary">child</span>&#x2019;s arrival or by the end of the next business day after the <span class="dictionary">child</span>&#x2019;s arrival.</p></section></text><history>2002, c. 747; 2004, c. 815.</history><metadata></metadata></law>
