22 Va. Admin. Code § 40-705-200

Current through Register Vol. 41, No. 9, December 16, 2024

Section 22VAC40-705-200 - [Effective 1/15/2025] Parental Child Safety Placement Program

A. The local department must prevent the unnecessary entry of children into foster care by promoting and supporting placements with relatives and fictive kin. Parental child safety placements are protective interventions used when (i) a family assessment or investigation has been initiated in response to a valid complaint alleging that the child has been abused or neglected; (ii) the safety assessment conducted by the local department indicates that a child cannot remain safely in the home; and (iii) the child's parent, guardian, or legal custodian is in agreement with the parental child safety placement arrangement. The parent, guardian, or legal custodian must willingly agree to voluntarily place the child with a caregiver pursuant to a parental child safety placement agreement.

B. This program is only available if the local department determines that the parent, guardian, or legal custodian can remedy the identified safety factors within 90 calendar days.

C. The local department must determine that the proposed caregiver meets all of the following qualifications:

(i) is 18 years of age or older;

(ii) is a non-parent relative or fictive kin;

(iii) is willing to receive and care for the child in the proposed caregiver's home;

(iv) is willing to have a positive and continuous relationship with the child;

(v) is willing and able to protect the child from abuse and neglect;

(vi) is willing to use age-appropriate behavior management techniques;

(vii) agrees not to use corporal punishment; and

(viii) is willing to support the relationship and contact between the child and parent and the parent's efforts to remedy the safety issues.

D. Prior to the child's placement with the proposed caregiver identified by the parent, the local department must conduct an assessment of the proposed caregiver and the caregiver's home where the child will be placed. The proposed caregiver assessment must include:

1. Completion of a criminal history inquiry with the person locator tool identified by the department at https://www.accurint.com/ and a child welfare history inquiry with the child welfare information system established in § 63.2-1514 of the Code of Virginia on all individuals 18 years of age or older residing in the home.

a. If the inquiry results in the identification of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia or a negative child welfare history, including any validated child protective services referrals or founded child protective services dispositions, and the local department continues its consideration of the proposed caregiver, the local department must (i) conduct a further assessment, which must include a discussion with the individual about the circumstances surrounding each conviction and negative child welfare history and the current status of disposition, sentencing, probation, or other condition; and (ii) conduct a supervisory review of the information gathered from the further assessment described in clause (i) of this subdivision 1 a by the local department director, or, if the local department director is not available, the assistant director, program manager, or supervisor.

b. The results of the supervisory review and consultation must be documented in the child welfare information system.

2. An assessment and inquiry into substance use must be conducted. The local department must document the outcome of the assessment and screening deemed necessary or any refusal to consent to screening. This information must be used to evaluate the appropriateness of the proposed caregiver for the child's placement and recorded in the child welfare information system.

3. Completion and documentation of a visit to the home of the proposed caregiver to ensure the home environment is safe for the child, including an assessment of other children living in the home. The local department must complete the Permanency Assessment Tool form. The results must be used in making the best interest determination and documented in the child welfare information system.

4. A written determination that the placement is in the child's best interest and does not pose a threat to the child's safety or well-being, which must be completed and documented prior to the child's removal from the home of origin.

5. Written notification of the child's placement in the home to the Commissioner of the Department of Social Services and the local board within 72 hours of placement in circumstances when the caregiver has a barrier crime or founded child protective services disposition.

6. Notification to the child's parent, guardian, or legal custodian if the local department determines that it is not in the best interest of the child to be placed with the proposed caregiver. The local department is prohibited by law from disclosing the results of any criminal or child protective services history, unless the proposed caregiver provides consent for such disclosure.

E. The best interest determination assessment must be ongoing during the entire time the child is placed in the caregiver's home, as new information may be obtained at any time and must be documented in the child welfare information system.

F. The local department must schedule a facilitated meeting with the family within seven calendar days of the child's placement in the caregiver's home to discuss all potential options for the child, family, and caregiver. If the facilitated meeting cannot be scheduled prior to the change in living arrangements, the local department must discuss the benefits, requirements, advantages, and disadvantages of the available options, including (i) the child's entry into foster care and the potential for the caregiver to become an approved kinship foster parent and (ii) financial assistance that may be available to the caregiver if the child remains with the caregiver under the Parental Child Safety Placement Program, including the process for accessing such financial assistance.

Prior to the facilitated meeting with the family, the local department should hold an internal staffing within one business day of the child's placement to prepare for the facilitated meeting.

G. If it is determined at the facilitated meeting that the family is willing to participate in the Parental Child Safety Placement Program, the parent, guardian or legal custodian must enter into a parental child safety placement agreement using the designated form within four calendar days of the facilitated meeting. The parental child safety placement agreement must:

1. Be in writing and contain the terms outlined in § 63.2-1533 of the Code of Virginia;

2. Include the signatures of the child's parent, guardian, or legal custodian, the caregiver, and the local department;

3. Be provided to the child's parent, guardian, or legal custodian; and

4. Be scanned into the child welfare information system.

H. The local department must open an In-Home Services case, as defined in § 63.2-1531 of the Code of Virginia, at the time the parental child safety placement agreement is signed and keep the case open for the duration of the agreement. The local department must:

1. Complete another visit to the home of the caregiver within two weeks of the child's placement with the caregiver and at least once per month thereafter to ensure the home environment is safe for the child;

2. Complete routine assessments of the child's safety and progress made to safely return the child to the care of the parent, guardian, or legal custodian; and

3. Provide services and referrals for appropriate services to the child, parent, guardian, or legal custodian, and the caregiver to promote safety, permanence, and well-being.

I. The parental child safety placement agreement is limited to no more than 90 calendar days from the child's placement in the caregiver's home.

J. The parental child safety placement agreement may be extended an additional 90 calendar days, not to exceed 180 days total, if appropriate and mutually agreed upon by the caregiver, parent, and the local department, and the reasons for such extension must be documented. However, prior to such extension, the local department must complete a safety assessment and hold a facilitated meeting with the family to discuss options for the child's care and determine whether to:

1. Return the child to the care of the parent, guardian, or legal custodian with the continued provision of services;

2. Extend the parental child safety placement agreement for no longer than an additional 90 calendar days; or

3. Initiate court action deemed necessary to ensure the child's safety, permanence, and well-being.

K. Prior to the termination or conclusion of the parental child safety placement agreement, the local department must complete a safety assessment, which must be documented in the child welfare information system.

1. If it is determined that the child can be safely returned home, the local department must hold a facilitated meeting to develop a safety plan with the child's parent, guardian, or legal custodian and the caregiver for the safe return of the child to the child's parent, guardian, or legal custodian or to another legal custodian. Such safety plan must be documented in the child welfare information system. If continued services are required for the child to safely return home, the local department must:

a. Maintain the In-Home Services case for continued services with the agreement of the child's parent, guardian, or legal custodian; or

b. Seek a child protective order or other appropriate court action to order continued services if the child's parent, guardian, or legal custodian does not agree to the In-Home Services case remaining open for continued services.

2. If the child cannot be safely returned home, the local department must seek removal of the child from the child's parent, guardian, or legal custodian upon a petition alleging abuse or neglect pursuant to § 16.1-251 or 16.1-252 of the Code of Virginia. The local department must hold a facilitated meeting with the family in accordance with § 63.2-1535 of the Code of Virginia.

a. If temporary custody of the child is granted by the court to the caregiver, the local department must maintain the In-Home Services case to provide continued services pursuant to the Alternative Living Arrangement Service Plan developed with the family at the facilitated meeting. If, at the time of the disposition hearing, the child cannot be safely returned to the home, the local department must take such action as appropriate in accordance with § 63.2-1535 of the Code of Virginia.

b. If the court denies the removal of the child, the local department must seek a child protective order to provide continued services for the child and the child's parent, guardian, or legal custodian to ensure the child's safety and welfare. If the child protective order is granted, the case must remain open as an In-Home Services case.

L. A monthly maintenance payment may be available each fiscal year by application to the department from allocations established through the Appropriations Act for the caregiver to take care of the child as long as there is a current parental child safety placement agreement or an alternative living arrangement agreement. Each caregiver applicant must provide income information for the applicant's household to the department that may be subject to verification. Caregivers with household incomes over 400% of the federal poverty level may claim financial hardship by written declaration in the application and be placed in another countable income category. Temporary Assistance for Needy Families money may be used to fund a portion of the monthly maintenance payment for those caregivers who qualify as a relative of the child, but the monthly payment remains the same whether the caregiver is a relative or fictive kin. The department will monitor the funding on a monthly basis and will prioritize the available funding each fiscal year as follows:

1. Existing recipients of this financial assistance must continue to receive such payments unless otherwise ineligible or until funding is exhausted.

2. Payments will be available on a first-come, first-served basis without any consideration of income unless the department determines that more than 50% of the available funding will be expended before the sixth month of the fiscal year.

3. If the department determines that more than 50% of the available funding will be expended before the sixth month of the fiscal year, subsequent caregiver households will be prioritized based upon the following order:

(i) caregiver households that include an individual who receives a public assistance payment;

(ii) caregiver households with countable income less than 130% of the federal poverty level;

(iii) caregiver households with countable income less than 250% of the federal poverty level;

(iv) caregiver households with countable income less than 400% of the federal poverty level; and

(v) caregiver households with countable income greater than or equal to 400% of the federal poverty level.

M. Every applicant or recipient of this financial assistance has the right to request a hearing before a hearing officer. No hearing must be granted when the funds have been expended for the fiscal year. An opportunity for a hearing must be granted to any applicant or recipient who requests a hearing if financial assistance is denied or is not acted upon with reasonable promptness, and to any applicant or recipient who is aggrieved by any agency action resulting in suspension, reduction, or termination of assistance for reasons other than lack of available funding.

1. The department must provide a written notice of action to the caregiver of any denial or reduction action within 10 calendar days of its decision. The notice of action will inform the caregiver of the following:

(i) the right to a hearing;

(ii) the method by which to obtain a hearing; and

(iii) the right to be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or that caregivers may represent themselves.

2. The applicant or recipient must request in writing a hearing within 10 calendar days after receipt of the department's notice of action. Within 10 calendar days of receipt of the applicant's written request for a hearing, the department must inform the caregiver of a date and time for the virtual hearing, which must take place within 10 calendar days of the notice.

3. The department's hearing officer must render a final agency decision within 10 calendar days of the hearing, which is then subject to judicial review pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

22 Va. Admin. Code § 40-705-200

Derived from Virginia Register Volume 41, Issue 09, eff. 1/15/2025.

Statutory Authority: § 63.2-217 of the Code of Virginia.