                                 CODE OF VIRGINIA

UNACCOMPANIED HOMELESS YOUTHS; SERVICES; CONSENT (§ 63.2-806)

A. As used in this section,
			&#8220;Provider&#8221; means any person or organization that provides
housing, including emergency shelter, or other services to an unaccompanied
homeless youth and that receives funding from the Virginia Homeless Solutions
Program or any other grant program administered by the Homeless and Special
Needs Housing unit of the Department of Housing and Community Development.
			&#8220;Unaccompanied homeless youth&#8221; means a homeless child or youth
described in subdivision A 7 of &#xA7; 22.1-3 who is not in the physical custody
of a parent or guardian.

B. A child who is 14 years of age or older and who is an unaccompanied homeless
youth as evidenced by a statement so stating and signed by an employee of any
local education agency who serves as a liaison for homeless children and youths
designated pursuant to 42 U.S.C. &#xA7; 11432(g)(1)(J)(ii) shall be deemed an
adult for the purpose of consenting to housing or other services provided in
accordance with this section for himself or his minor child. A child who is 14
years of age or older who is an unaccompanied homeless youth who cannot produce
a statement signed by an employee of any local education agency who serves as a
liaison for homeless children and youths designated pursuant to 42 U.S.C. &#xA7;
11432(g)(1)(J)(ii) shall be deemed an adult for the purpose of consenting to
housing or other services provided in accordance with this section for himself
or his minor child for a period of up to 72 hours.

C. A provider that provides housing services, including emergency shelter, to an
unaccompanied homeless youth shall attempt to contact the parents or guardian of
such unaccompanied homeless youth to inform them of the whereabouts of such
unaccompanied homeless youth. If the provider is unable to contact the parent or
guardian of the unaccompanied homeless youth or if the provider determines that
contacting the parent or guardian is not in the best interests of the youth, the
provider shall (i) document the steps taken to identify and notify the parent or
guardian or the reasons for the determination that contact with the parent or
guardian is not in the best interests of the unaccompanied homeless youth and
(ii) immediately notify the local department of social services of the
whereabouts of the child. The provider shall report the child&#8217;s presence
to local law enforcement and the National Center for Missing and Exploited
Children in order to determine whether the child has been reported missing or
the National Center for Missing and Exploited Children has a record of the child
being reported missing by a legal guardian. The provider shall retain such
documentation for a period of not less than five years.

D. Any person who, in good faith, relies upon a written statement described in
subsection B shall not be liable in any civil or criminal action for delivering
services to an unaccompanied homeless youth pursuant to this section without the
consent of his parent or guardian, provided that such provider has complied with
the requirements of this section. However, no provider shall be relieved of
liability for any negligent or criminal acts on the basis of this section.

E. The Board shall adopt regulations to implement the provisions of this
section.

HISTORY: 2022, c. 801.