Virginia Regulatory Town Hall
Health and Human Resources
Department of Social Services
State Board of Social Services
Mandate 984

Mandate Information
Mandate Title:
Temporary delegation of parental or legal custodial powers; child-placing agency.
Purpose of legislation
Allows a parent or legal custodian of a minor to delegate to another person by a properly executed power of attorney any powers regarding care, custody, or property of the minor for a period not exceeding 180 days. The bill provides that a parent or legal custodian who is a service member, as defined in the bill, may delegate such powers for a period of longer than 180 days while on active duty service, but specifies that such a period is not to exceed such active duty service plus 30 days. The bill provides that any such power of attorney shall be signed by all persons with authority to make decisions concerning the child, the person to whom powers are delegated under the power of attorney, and a representative of a licensed child-placing agency that assists parents and legal guardians with the process of delegating parental and legal custodial powers of their children. The bill specifies that such licensed child-placing agency will be subject to background checks and must develop and implement written policies for certain services and provide staff and provider training. The bill further requires that any person to whom any such powers are delegated shall comply with background check requirements established by regulations of the Board of Social Services or otherwise provided by law.
Legislation mandating a change Chap 297 (2019)
VAC chapters to be amended
22 vac 40 - 131 : Minimum Standards for Licensed Private Child-Placing Agencies
22 vac 40 - 141 : Minimum Standards for Licensed Independent Foster Homes
Associated Regulatory Actions
Action 5314: Amend Definition to Comply with Code Requirements
Latest Stage: Final
Action 5369: Amend Standards for Licensed Child-Placing Agencies
Latest Stage: NOIRA
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