                                 CODE OF VIRGINIA

AGREEMENTS WITH PERSONS TAKING CHILDREN; DISPUTE RESOLUTION; APPEALS (§
63.2-902)

A. Every local board and licensed child-placing agency shall, with respect to
each child placed by it in a foster home or children&#8217;s residential
facility, enter into a written agreement contained in an approved foster care
policy with the head of such home or facility, which agreement shall provide
that the authorized representatives of the local board or agency shall have
access at all times to such child and to the home or facility, and that the head
of the home or facility will release custody of the child so placed to the
authorized representatives of the local board or agency whenever, in the opinion
of the local board or agency, or in the opinion of the Commissioner, it is in
the best interests of the child.

B. Local boards and licensed child-placing agencies shall implement and
publicize a dispute resolution process through which a foster parent may contest
an alleged violation of the regulations governing the collaboration,
communication, access, and transparency between the local boards and licensed
child-placing agencies and foster parents. Prior to filing a complaint through
such dispute resolution process, the foster parent shall contact the family
services specialist assigned to the foster home, provide a detailed description
of the conduct constituting the alleged violation of the regulations governing
collaboration, communication, access, and transparency between the local boards
and licensed child-placing agencies and foster parents, and attempt to resolve
the dispute. Family services specialists shall respond within five business days
and explain any corrective action to be taken in response to the foster
parent&#8217;s complaint. If the foster parent and family services specialist
are unable to resolve the complaint informally, the foster parent may file a
written complaint through the dispute resolution process with the local
board&#8217;s foster care supervisor or assigned designee. The complaint shall
include a detailed description of the conduct constituting the alleged violation
of the regulations governing collaboration, communication, access, and
transparency between the local boards and licensed child-placing agencies and
foster parents, along with any other information required by Department
regulation. The foster care supervisor or assigned designee shall respond to the
complaint in writing within five business days, setting forth all findings
regarding the alleged violation and any corrective action to be taken.
			If the foster parent disagrees with the findings or corrective actions
proposed by the foster care supervisor or assigned designee, the foster parent
may appeal the decision to the local director by filing a written notice of
appeal. The notice of appeal shall include a detailed description of the conduct
constituting the alleged violation of the regulations governing collaboration,
communication, access, and transparency between the local boards and licensed
child-placing agencies and foster parents, a copy of the foster care supervisor
or assigned designee&#8217;s findings and recommendations, and any other
information required by Department regulation. The local director shall hold a
meeting between all parties within seven business days to gather any information
necessary to determine the validity of the alleged violation of the regulations
governing collaboration, communication, access, and transparency between the
local boards and licensed child-placing agencies and foster parents and the
appropriateness of any recommendations for corrective action made by the family
services specialist and foster care supervisor or assigned designee. A summary
of the meeting shall be documented in writing by the family services specialist
after approval by the foster care supervisor or assigned designee. Following
such meeting and documentation, the local director shall issue to all parties
written findings and, when applicable, recommendations for corrective action.

HISTORY: Code 1950, § 63-243; 1968, c. 578, § 63.1-206; 2002, c. 747; 2008,
cc. 241, 308; 2019, c. 336.