The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Additional daily supervision" or "ADS" means
a child's need for increased supervision and support based on the identified
needs of the child.
ADS is the basis for determining if an enhanced
maintenance payment to a foster parent or an adoptive parent entering into an
adoption assistance agreement is needed. The need for ADS is also the basis for
increased expectations for the child-placing agency and the foster parent or
the adoptive parent prior to the finalization of the adoption in meeting the
needs of the child.
"Adoption assistance" means a money payment or services provided to adoptive parents on behalf of a child with special needs.
"Additional daily supervision payment" or "ADS payment" means a money payment included as part of a foster care maintenance payment, adoption assistance payment, or kinship guardianship assistance payment for the childs need for increased supervision and support.
"Adoption assistance agreement" means a written
agreement, binding on the parties to the agreement, the Department, and
other relative agencies, between the local department of social services
(LDSS) and the adoptive parent of a minor child
that is binding on
both parties and includes maintenance and, when applicable, additional daily
supervision, Medicaid, services and nonrecurring fees. that specifies
the nature and the amount of any payments, services, and assistance to be
provided under such agreement, and stipulates that the agreement shall remain
in effect regardless of the State in which the adoptive parents reside.
"Adoptive placement" means the placement of a child for the purposes of adoption in a home with a signed adoptive placement agreement.
"ADS emergency placement" means the sudden, unplanned, or unexpected placement of a child who needs immediate care in a foster home and the placement occurs prior to the agency obtaining adequate information regarding the child's needs. ADS emergency placements require the foster parent to provide increased supervision and support to ensure the child's safety.
"Child-placing agency" means any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § 63.2-1819 of the Code of Virginia or a local board that places children in foster homes or adoptive homes pursuant to § 63.2-900, 63.2-903, or 63.2-1221 of the Code of Virginia. Officers, employees, or agents of the Commonwealth, or any locality, acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.
"CRAFFT" means Community Resource, Adoptive, and Foster Family Training. CRAFFT specialists are available to local departments of social services to provide assistance regarding training for foster families.
"Department" means the Virginia Department of Social Services.
"Enhanced maintenance payment" means the payment
made to a foster parent over and above the basic foster care maintenance
payment or to an adoptive parent when the adoption assistance agreement is
negotiated. It is based on the needs of the child for additional daily
supervision as identified by the uniform rate assessment tool.
"Foster care maintenance payment" means payments to cover the cost of food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child was enrolled at the time of placement. Additional daily supervision is included when supported by the identified and documented needs of the child.
"Kinship Guardianship Assistance payment" means a money payment provided to a relative custodian on behalf of a child that was discharged from foster care to the relatives custody in accordance with the requirements of Virginia Code § 63.2-1305.
"Kinship Guardianship Assistance Agreement" means a written agreement, binding on the parties to the agreement, between the agency and the prospective relative custodian(s) of the minor child that specifies the nature and the amount of any payments and assistance to be provided under such agreement, and stipulates that the agreement shall remain in effect regardless of the State in which the relative custodian resides.
"LDSS" means the local department of social services.
"Licensed" means licensed child-placing agencies; entities licensed by the Department of Behavioral Health and Developmental Services; licensed behavioral health professionals or behavioral health professionals working under the direct supervision of a licensed behavioral health professional.
"Treatment foster care" or "TFC" means a community-based program where services are designed to address the special needs of children and families. Services to children and youth are delivered primarily by treatment foster parents who are trained, supervised, and supported by agency staff. Treatment is primarily foster family based.
"Uniform rate assessment tool" means a department-approved web-based tool to assess the childs behavioral, emotional, physical, and personal care needs to determine if an additional daily supervision payment is necessary to ensure the safety and well-being of the child.
Administration Utilization of the
uniform rate assessment tool.
A. A department approved uniform rate assessment tool shall be
used to determine the additional daily supervision component, if any, of
the foster care maintenance payment
or the adoption assistance payment,
or the kinship guardianship assistance payment. Use of the rate assessment
tool to assess the documented needs of the child shall be applied
consistently consistent regardless of the child's maintenance
1. The LDSS having care and responsibility for the child is responsible to ensure the assessment is completed for every child placed in a foster home, including both TFC homes and non-TFC homes.
2. The LDSS having care and responsibility for the child
is responsible to ensure the
tool assessment is completed with
input from a child-specific team of individuals who are knowledgeable about the
child's characteristics. 23. The child-specific team shall include (i)
the caseworker, (ii) foster or parent, adoptive parents
parent, or relative custodian, and (iii) an individual trained to
administer use the uniform rate assessment tool. Other
individuals with knowledge of the child shall be invited to participate in the
meeting or provide input about the child's needs. This shall may include
family members, and the child, as if appropriate,
other significant individuals in the child's social support network, the
private child-placing agency staff involved in the care of the child, and other
providers individuals providing care to the child. 34. LDSS staff or other public child-serving
agency individuals may shall be trained in accordance with the
department's Child and Family Services Manual, Chapter E Foster Care, Section
14, July 2011 to administer use the uniform rate
assessment tool in assessing the childs documented needs. 45. The child's assigned caseworker, foster or
adoptive parents, or private agency staff shall not administer the tool. Only
trained LDSS staff that are not associated with the case shall use the uniform
rate assessment tool to assess the childs documented needs. 5. The rate assessment tool shall be administered according
to the following criteria and in accordance with the department's Child and
Family Services Manual, Chapter E Foster Care, Section 14, July 2011: a. If the child is to be placed in a TFC home; b. If the LDSS chooses to make enhanced maintenance
payments for children in non-TFC homes; c. At the time an adoption assistance agreement is
negotiated when the child's needs prior to negotiating and signing the
agreement indicate a need for ADS. A re-administration of the tool is not
required if the adoption assistance agreement is signed within three months of
a prior ADS assessment. 6. The rate assessment tool shall be re-administered: a. When requested and there is evidence of significant
behavioral, emotional, or medical changes and four or more weeks of additional
support have become necessary to maintain the child in the home. (1) Once requested, the rate assessment tool must be
administered within 14 calendar days. (2) If the rate assessment tool indicates a need for an
increase or decrease in ADS, the increase or decrease takes effect on the first
day of the subsequent month. b. No more often than quarterly for any child unless the previously
stated criteria apply. c. A minimum of once per year.
B. The childs need for additional daily supervision shall be assessed when:
1. The child is placed in a TFC home;
2. The child is placed in a non-TFC home; or
3. An adoption assistance agreement or kinship guardianship assistance agreement is negotiated and the childs needs indicate a need for ADS prior to the negotiating and signing of the agreement. An assessment of the childs needs, through the use of the uniform rate assessment tool, is not required if the adoption assistance agreement or kinship guardianship assistance agreement is signed within the six months after the childs last assessment.
C. A childs needs shall be re-assessed through the use of the uniform rate assessment tool for additional daily supervision payments for children in foster care, as follows:
1. When requested by the foster parent and there is evidence of significant behavioral, emotional, or medical changes and four or more weeks of additional support have become necessary to maintain the child in the home;
a. Once requested, the childs needs must be assessed through the use of the uniform rate assessment tool within 14 calendar days.
b. If the uniform rate assessment tool indicates a need for an increase or decrease in ADS, the increase or decrease takes effect on the first day of the subsequent month.
2. At least annually, but no more often than once per quarter for any child unless the provisions of subsection C1 of this section apply; and
3. A minimum of once per year.
BD. The individual administering using
the rate assessment tool shall:
1. Consider all input from all sources regarding the emotional, behavioral, and medical characteristics of the child and will rate each item on the tool;
2. Make the final decision as to how to rate a child's characteristics based on the evidence as presented;
3. Issue a final score on the tool within five business days of
4. Share a copy of the scored tool with the foster
adoptive parents parent, or relative custodian and, if requested,
review the tool assessment with them; and
5. Inform the foster parent, adoptive parent, or relative custodian in writing of the right to appeal decisions relating to the ADS payments and the applicable appeal process.
22VAC40-221-25. Determining the enhanced maintenance rate. The child-specific team shall consider the services
provided to the child that reduce or eliminate any direct additional supervision
or support provided to the child by the foster parent and reduce the enhanced
maintenance payment based on these services.
22VAC40-221-30. Child-placing agency requirements for children in foster care.
A. The child-placing agency that approved the foster care home shall have face-to-face contacts with the foster parents at least monthly. Child-placing agencies may contract with licensed providers to conduct the in-home contacts with the foster parent.
B. Child-placing agencies shall have an appointed case worker on call and available to make face-to-face contact if necessary to provide services to the child and the foster family 24 hours per day, seven days per week.
1. Child-placing agencies may contract with licensed providers to perform this service.
2. Supervisory consultation to the on-call worker shall be available 24 hours per day, seven days per week and may be a service obtained through a contract with a licensed provider.
C. The child-placing agency shall monitor and document
the contractor's performance if
they choose it chooses to
contract out the activities in subsections A and B of this section in
accordance with the department's Child and Family Services Manual, Chapter E
Foster Care, Section 14, July 2011.
D. Additional training shall be provided to the foster
parents receiving an
enhanced maintenance additional daily supervision
payment based on the needs of the foster parent and the children in care.
Foster parents, and adoptive parents, and prospective relative
custodians prior to finalization of the adoption receiving enhanced
maintenance payments payments that include additional daily supervision
shall be consulted on their training needs. Adoptive parents and
prospective relative custodians shall be consulted on their training needs
prior to finalization of the adoption or kinship guardianship.
E. Foster parents receiving ADS payments shall be required to:
1. Participate in and cooperate with the LDSS in developing the foster care plan;
2. Participate in Family Partnership Meetings and Child and Family Team Meetings;
3. Participate in meetings as requested by the school or other service providers;
4. Discuss with the agency and follow through on all services provided or expected of them to ensure the childs well-being and progress;
5. Assume responsibility for managing the daily supervision and supportive tasks a child may need, including transportation to the childs appointments, visitation, school, and extra-curricular activities;
6. Attend and participate in court hearings, therapy, or other appointments; and
7. Accurately and consistently monitor and document the childs behaviors in the manner in which the LDSS has requested.
F. Failure of the foster parent receiving ADS payments to comply with the requirements of this section may result in termination of the ADS payments, removal of the child from the foster care placement, or other action by the LDSS pursuant to federal and state law unless the foster parent is able to provide good cause as to why he is unable to perform any of these duties.
EG. The foster care service plans
developed for a child for whom enhanced maintenance is additional
daily supervision payments are paid shall include but not be limited to:
1. Measurable goals, objectives, and strategies for the
or parent, adoptive parent, or prospective relative
custodian and the child-placing agency in addressing the identified needs
of the child;
2. Provisions for providing training for the foster
parent, adoptive parents parent, or prospective relative
custodian consistent with the identified needs of the child;
3. Provisions for services to prevent placement disruption and maintain a stable placement; and
4. The method developed jointly by the child-placing
agency and the foster
or parent, adoptive parent, or
prospective relative custodian to document the child's progress. FH. This section is does not applicable
in cases where a apply after entry of the final order of adoption has
been issued or final order from the court awarding custody to the
relative custodian for kinship guardianship.
22VAC40-221-50. ADS payments for emergency
foster care placements. Enhanced maintenance payments A. The additional
daily supervision portion of the foster care maintenance payment for the
initial emergency foster care placement of a child shall be based on a
per diem not to exceed $1,600 $1,120 per month. 1B. The department may change the maximum per
diem for initial emergency foster care placements upon approval from the
State Board of Social Services. 2. The enhanced maintenance payment per diem for the initial
emergency placement includes the day the uniform rate assessment tool is
administered to determine the on-going enhanced maintenance rate. 3C. The uniform rate assessment tool shall
be administered utilized to assess the childs needs within 60
calendar days of the initial emergency foster care placement of a child.
22VAC40-221-70. Post-finalized adoptions.
Enhanced maintenance Adoption assistance
payments based in whole or in part on a childs need for additional daily
supervision shall be made available to adoptive parents after the
adoption has been finalized pursuant to the department's Child and Family
Services Manual, Chapter E Foster Care, Section 17, April 2013. entry of
the final order of adoption if the following criteria are met:
1. The adoptive parent shall
be required to either
submit an application for renegotiation of their adoption assistance
agreement. Adoption assistance if there is not an adoption assistance
agreement or submit a request to amend the existing adoption assistance
The documented needs of the child shall be the basis for a
decision to provide an enhanced maintenance payment or a services payment.
All requests for adoption assistance shall be supported with documentation
from a licensed professional. Failure to provide written supporting documentation
from a licensed professional will result in denial of a request for adoption
assistance or an amendment to an adoption assistance agreement;
3. The uniform rate assessment tool shall be administered pursuant to 22VAC40-221-20; and
34. Enhanced maintenance payments shall be
documented in an The adoption assistance payment is documented in an
adoption assistance agreement or an adoption assistance agreement addendum if
an adoption assistance agreement existed at the time of the request for an
assessment of the childs need for additional daily supervision.
22VAC40-221-80. Post-finalized kinship guardianship..
Kinship guardianship assistance payments that are based in whole or in part on a childs need for additional daily supervision shall be made available to a relative custodian after custody is awarded by the court to the relative custodian, if all of the following criteria are met:
1. A valid kinship guardianship agreement that complies with the requirements of Virginia Code § 63.2-1305 exists;
2. The relative custodian has submitted a written request to amend the kinship guardianship assistance agreement;
3. The documented needs of the child have been assessed using the uniform rate assessment tool and, based on that assessment, it is necessary to amend the kinship guardianship assistance agreement concerning additional daily supervision; and
4. Any change to the kinship guardianship assistance agreement has been documented in a kinship guardianship assistance agreement addendum.