Final Text
A. The licensee shall develop and implement written policy and procedures governing the plans for active and closed cases. The plan shall address the following:
1. Procedures the licensee will follow should the licensee cease operations, including:
a. Disposition of children in placement at the time of cessation, including procedures for assisting placing agencies in placing children; and
b. Notification to the placing agency, legal guardian, and the department of the licensee's closing; and
2. Disposing and storing active and closed case files, both written and electronic, on the children and providers. The disposition and storage schedule shall be consistent with requirements for local governments contained in the Library of Virginia's Record Retention and Disposition Schedule General Schedule No. 15 - County and Municipal Governments Social Services Records (May 2010).
B. The licensee shall develop and implement written admission policies and procedures for child-placing activities in each program provided by the licensee. The policies and procedures shall include:
1. A description of intake and admission processes and requirements;
2. Decision-making procedures for acceptance, matching, placement, and discharge from care; and
3. A statement that children with disabilities will be accepted for admission if the needs of the child can be reasonably accommodated.
C. The licensee shall develop and implement policies and procedures governing the licensee's responsibility to monitor the administration of medications by foster parents to ensure that foster parents:
1. Properly administer medication as prescribed to children placed in their home;
2. Have knowledge of intended and adverse side effects of medication prescribed;
3. Have knowledge about and take necessary actions when placed children experience adverse reactions to medication including notifying the licensee when such occurs; and
4. Have knowledge of methods for proper, safe, and secure storage; retention; and disposal of medications.
D. The licensee shall develop and implement written policies and procedures for:
1. Prohibiting corporal punishment, chemical and mechanical restraints, and seclusion;
2. Ensuring that children are not subjected to physical, mental, or sexual abuse; verbal abuse or remarks that belittle or ridicule the child or his the child's family; physical neglect or denied essential program or treatment services, meals, clothing, bedding, sleep, or personal care products; or any humiliating, degrading, or abusive actions;
3. Investigating, responding to, and reporting allegations of misconduct toward children, including reporting suspicions of child abuse or neglect to the local department of social services or the Child Abuse and Neglect Hotline;
4. Implementing the child's detailed back-up emergency care plan when the child's placement disrupts; and
5. Assigning designated casework staff to be available on call to foster parents 24 hours a day, 365 days a year.
E. The licensee shall develop and implement written policies and procedures for management of all records, written and electronic, that shall describe confidentiality, accessibility, security, and retention of records pertaining to the files of children, applicants for home provider, and approved home providers.
F. The licensee shall develop and implement written discharge policies and procedures governing children's planned and emergency discharges from the licensee's program and services.
G. The licensee shall develop and implement written policies and procedures governing foster parent's use of physical restraint. The policies and procedures shall include:
1. A description of all less intrusive behavior support and crisis management techniques approved by the licensee for use by foster parents;
2. A description of methods of restraint approved by the licensee;
3. A description of training required to be completed prior to use of each method of physical restraint;
4. A description of the licensee's method for determining that the foster care parent has the ability to apply the licensee's approved methods of physical restraint and crisis intervention;
5. A statement prohibiting the use of mechanical and chemical restraint for the purpose of behavior support; and
6. A statement prohibiting the use of seclusion of a child in a room or area secured by a door that is locked or held shut or secured by individuals physically blocking the door or using other physical or verbal means to block the door so that the child cannot leave the room or area.
H. The licensee shall develop and implement written policy and procedures to address the following:
1. Acceptable methods of behavior support; and
2. Specific unacceptable methods for behavior control and discipline.
I. The licensee shall have and implement licensee-approved written personnel polices including procedures to assure that persons employed in or designated to assume the responsibilities of each position possess the education, experience, knowledge, skills, and abilities specified in the job description for the position.
J. The licensee shall have and implement written policies and procedures for transferability of home studies, including addenda and all related approval documentation other than background checks, between local departments, local boards, and licensed child-placing agencies within the Commonwealth at the request of the provider. The policies and procedures shall include:
1. A description of the process for the provider to request a transfer of the provider's home study, including informing the provider the home study shall be transferred upon their request;
2. The timeframe to transfer the home study following the provider's request. The timeframe shall not exceed 30 days after receiving the request;
3. A description of the duration of time the provider can request a transfer of the home study, to include the initial home study and all current approval documents;
4. The transfer of the home study does not transfer approval of the provider;
5. The licensee provides written notification to the provider of the date the home study was transferred; and
6. Background check information and results shall not be disseminated when the home study is transferred.
A. The licensee shall maintain a current written program statement for child-placing activities that shall include a description of:
1. The purpose of each program provided by the licensee including, as applicable, foster care services; short-term foster care services; treatment foster care services; independent living arrangements; independent living services; and all categories of adoption services, including domestic, intercountry, and parental placement;
2. The population to be served in each program provided by the licensee including, as applicable, foster care services; short-term foster care services; treatment foster care services; independent living arrangements; independent living services; and all categories of adoption services, including domestic, intercountry, and parental placement;
3. Services provided to:
a. Adult adopted persons, if the licensee provides adoption search services;
b. Children and families served by the licensee, and including, as applicable, birth families, foster families, and adoptive families;
c. Children placed in independent living arrangements and, if the licensee provides services to the families of those placed children, a description of the services provided to the families; and
d. Persons 18 years of age to 21 years of age who receive independent living services;
4. Adoption services provided to children, birth families, and adoptive families prior to the final order of adoption, if the child-placing agency is licensed to provide adoption services;
5. Preadmission eligibility requirements for children to be served by each program provided by the licensee;
6. Procedures for conducting the home study and the decision-making process for approval and selection of families to receive children;
7. Procedures for placement of children and discharge of child from care or services;
8. Intercountry services and identification of the licensee's roles and responsibilities regarding the provision of services, if the licensee is licensed to provide intercountry adoption services;
9. Parental placement adoption services and identification of the licensee's roles and responsibilities regarding the provision of services, if the licensee is licensed to provide parental placement adoption services;
10. Orientation and training the licensee provides to families;
11. Policy related to the fees for activities and services provided by the licensee; and
12. 11. Procedures for accepting emergency and short-term foster care placements. If such services are not provided by the licensee, the program statement shall identify that the licensee does not accept these placements.; and
12. Policy related to the fees for activities and services provided by the licensee. The fee for the initial home study assessment shall not exceed $3,800.
B. The licensee shall prohibit acts of discrimination based on race, color, or national origin to:
1. Delay or deny a child's placement; or
2. Deny an individual the opportunity to become a foster or adoptive parent.
C. The licensee shall give a copy of either (i) the full program statement and description or (ii) a summary of the statement and description to agencies and individuals who inquire about the services provided by the licensee.
D. When changes and updates to the program statement and description are made, the licensee shall provide a copy of the updated statement to the department.
A. Prior to the placement of a child in a home, the licensee shall:
1. Document that the applicants are at least 18 years of age;
2. Complete and document all required components of the home study, including the completion of orientation training;
3. Consider all information gathered when assessing the applicant's capabilities to care for children;
4. Determine that the home and provider meet the requirements to be approved;
5. Ensure that approved providers have received necessary training for the types of children they will receive; and
6. Make available to the provider information necessary for the provider to make an informed decision as to whether a particular child is appropriate for them.
B. When the licensee determines that the prospective provider and the home meet the requirements for approval, the licensee shall document the type of approval. Nothing in this chapter shall prohibit the provider from being approved to serve multiple roles as a resource, foster, adoptive, treatment foster, or short-term foster parent unless the provider desires not to serve as a resource parent. If the provider chooses, the licensee shall allow the provider to be approved as a foster parent, adoptive parent, or short-term foster parent. Providers approved as treatment foster care parents shall have successfully completed specific and additional treatment foster care training as required by this chapter.
C. The licensee shall recommend approval or disapproval based on careful assessment of the requirements for providers specified in this chapter, using the mutual family assessment home study model form or an assessment consistent with the model form. including The licensee shall include in the assessment information received through the home study process, the applicants' participation in the home study process, and in any orientation and pre-service training.
D. The decision to approve or disapprove the applicant shall be made in consultation with the child-placing supervisor, and the date of the decision shall be recorded in the applicants' record.
E. Within seven business days of the decision of approval or disapproval of an applicant, the licensee shall notify the applicant in writing of the decision.
F. If home approval is recommended, the licensee shall document:
1. The age and gender of children who can be placed in the home; and
2. The basis for the approval recommendation.
G. Following approval of an applicant, the licensee shall issue a certificate of approval to the provider and maintain a copy of the certificate in the provider's file. The certificate shall address each of the following:
1. Type of family home approval (resource, foster, adoptive, treatment foster care, short-term foster care, or a combination of types);
2. Issuance and expiration dates for the approval;
3. Gender, age, and number of children recommended for placement in the home; and
4. The signatures and titles of the individuals approving the home.
H. Following approval of an applicant, the licensee shall provide the following services and requirements:
1. The licensee shall provide on-going training for each provider.
2. The licensee shall supply the provider with written procedures for handling emergencies during and outside the child-placing agency's regular office hours.