                                 CODE OF VIRGINIA

ACCEPTANCE AND CONTROL OVER CHILDREN BY LICENSED CHILD-PLACING AGENCY,
CHILDREN&#8217;S RESIDENTIAL FACILITY OR INDEPENDENT FOSTER HOME (§ 63.2-1817)

A licensed child-placing agency, children&#8217;s residential facility or
independent foster home 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 custody thereof, or committed by any court of competent
jurisdiction. The agency, facility or home shall, within the terms of its
license and the agreement or order by which such child is entrusted or committed
to its care, have custody and control of every child 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 child shall be executed in writing and
notarized.
		An agency that is licensed as a child-placing agency by the Department and
certified as a proprietary school for students with disabilities by the
Department of Education shall not be required to take custody of any child
placed in its special education program but shall enter into a placement
agreement with the parents or guardian of the child concerning the respective
responsibilities of the agency and the parents or guardian for the care and
control of the child. Such an agency shall conform with all other legal
requirements of licensed child-placing agencies including the provisions of §§
16.1-281 and 16.1-282.
		A licensed private child-placing agency may accept placement of a child
through an agreement with a local department where the local department retains
legal custody of the child or where the parents or legal guardian of the child
retain legal custody but have entered into a placement agreement with the local
department or the public agency designated by the community policy and
management team.
		Whenever a licensed child-placing agency accepts legal custody of a child, the
agency shall comply with §§ 16.1-281 and 16.1-282.
		A children&#8217;s residential facility licensed as a temporary emergency
shelter may accept a child for placement provided that verbal agreement for
placement is obtained from the parents, guardians, relatives or other persons
having legal custody thereof, within eight hours of the child&#8217;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 child&#8217;s arrival or by the end of the next business day after the
child&#8217;s arrival.

HISTORY: 2002, c. 747; 2004, c. 815.