Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Social Services
 
Board
State Board of Social Services
 
chapter
Minimum Standards for Licensed Private Child-Placing Agencies [22 VAC 40 ‑ 131]
Action Adopt new standards for licensed private child-placing agencies.
Stage Proposed
Comment Period Ends 4/1/2011
spacer
Previous Comment     Next Comment     Back to List of Comments
3/28/11  3:39 pm
Commenter: Stanton Phillips - Adoption Attorney

Unintentional Error Resulting in Private Agencies Going to Court Frequently
 
 
 
 
 
 
 
 

The following section needs to be corrected as underlined, otherwise private agencies will need to bring court actions to terminate parental rights where the law does not currently require them. This will add an unecessary expense on private agencies.

 

 
22VAC40-131-250. Intake, acceptance, and placement.
E. Prior to placement of a child for adoption, the licensee shall secure written authority to make the placement. The written authority shall be in the form of one of the following:
1. An order issued by a court of competent jurisdiction documenting the termination of parental rights and responsibilities of each parent;
2. A notarized entrustment agreement signed by both parents or other person having legal authority to consent to the adoption (STRIKE:custody) of the child;
3. A notarized entrustment agreement signed by one parent no other parent or individual has the legal right to consent to the adoption;
4. An order issued by a court of competent jurisdiction approving the transfer of the child's custody from one agency to another; or
5. When allowed by law, a notarized written agreement approving the transfer of the child's custody from one agency to another.
REASON: (2) Custody is not legally enough. (3) Need to add, otherwise agencies forced to pursue court action for termination of parental rights when an individual’s consent is not required by law. (5) Court approval is not normally required when a child is transferred between private agencies; also no court order required in common practice of Korean agency transferring custody to US Agency.

.

CommentID: 16298