                                 CODE OF VIRGINIA

PERMANENT FOSTER CARE PLACEMENT (§ 63.2-908)

A. Permanent foster care placement means the place in which a child has been
placed pursuant to the provisions of &#xA7;&#xA7; 63.2-900, 63.2-903 and this
section with the expectation and agreement between the placing agency and the
place of permanent foster care that the child shall remain in the placement
until he reaches the age of majority unless modified by court order or unless
removed pursuant to &#xA7; 16.1-251 or &#xA7; 63.2-1517. A permanent foster care
placement may be a place of residence of any natural person or persons deemed
appropriate to meet a child&#8217;s needs on a long-term basis.

B. A local department or a licensed child-placing agency shall have authority
pursuant to a court order to place a child who is 16 years of age or older over
whom it has legal custody in a permanent foster care placement where the child
shall remain until attaining majority or thereafter, until the age of 21 years,
if such placement is a requisite to providing funds for the care of such child,
so long as the child is a participant in an educational, treatment or training
program approved pursuant to regulations of the Board. No such child shall be
removed from the physical custody of the foster parents in the permanent care
placement except upon order of the court or pursuant to &#xA7; 16.1-251 or
&#xA7; 63.2-1517. The department or agency so placing a child shall retain legal
custody of the child. A court shall not order that a child be placed in
permanent foster care unless it finds that (i) diligent efforts have been made
by the local department to place the child with his natural parents and such
efforts have been unsuccessful, and (ii) diligent efforts have been made by the
local department to place the child for adoption and such efforts have been
unsuccessful or adoption is not a reasonable alternative for a long-term
placement for the child under the circumstances.

C. Unless modified by the court order, the foster parent in the permanent foster
care placement shall have the authority to consent to surgery, entrance into the
armed services, marriage, application for a motor vehicle and driver&#8217;s
license, application for admission into an institution of higher education, and
any other such activities that require parental consent and shall have the
responsibility for informing the placing department or agency of any such
actions.

D. Any child placed in a permanent foster care placement by a local department
shall, with the cooperation of the foster parents with whom the permanent foster
care placement has been made, receive the same services and benefits as any
other child in foster care pursuant to &#xA7;&#xA7; 63.2-319, 63.2-900 and
63.2-903 and any other applicable provisions of law.

E. The Board shall establish minimum standards for the utilization, supervision
and evaluation of permanent foster care placements.

F. The rate of payment for permanent foster care placements by a local
department shall be in accordance with standards and rates established by the
Board. The rate of payment for such placements by other licensed child-placing
agencies shall be in accordance with standards and rates established by the
individual agency.

G. If the child has a continuing involvement with his natural parents, the
natural parents should be involved in the planning for a permanent placement.
The court order placing the child in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements with the
natural parents.

H. Any change in the placement of a child in permanent foster care or the
responsibilities of the foster parents for that child shall be made only by
order of the court which ordered the placement pursuant to a petition filed by
the foster parents, local department, licensed child-placing agency or other
appropriate party.

HISTORY: 1977, c. 559, § 63.1-206.1; 1978, c. 671; 1984, c. 70; 2002, c. 747;
2016, c. 631.