2006 Code of Virginia § 63.2-1817 - Acceptance and control over children by licensed child-placing agency, children\'s residential facil...
63.2-1817. Acceptance and control over children by licensed child-placingagency, children's residential facility or independent foster home.
A licensed child-placing agency, children's residential facility orindependent foster home shall have the right to accept, for any purpose notcontrary to the limitations contained in its license, such children as may beentrusted or committed to it by the parents, guardians, relatives or otherpersons having legal custody thereof, or committed by any court of competentjurisdiction. The agency, facility or home shall, within the terms of itslicense and the agreement or order by which such child is entrusted orcommitted to its care, have custody and control of every child so entrustedor committed and accepted, until he is lawfully discharged, has been adopted,or has attained his majority. An entrustment agreement for the termination ofparental rights and responsibilities with respect to such child shall beexecuted in writing and notarized.
An agency that is licensed as a child-placing agency by the Department andcertified as a proprietary school for students with disabilities by theDepartment of Education shall not be required to take custody of any childplaced in its special education program but shall enter into a placementagreement with the parents or guardian of the child concerning the respectiveresponsibilities of the agency and the parents or guardian for the care andcontrol of the child. Such an agency shall conform with all other legalrequirements of licensed child-placing agencies including the provisions of 16.1-281 and 16.1-282.
A licensed private child-placing agency may accept placement of a childthrough an agreement with a local department where the local departmentretains legal custody of the child or where the parents or legal guardian ofthe child retain legal custody but have entered into a placement agreementwith the local department or the public agency designated by the communitypolicy and management team.
A children's residential facility licensed as a temporary emergency sheltermay accept a child for placement provided that verbal agreement for placementis obtained from the parents, guardians, relatives or other persons havinglegal custody thereof, within eight hours of the child's arrival at thefacility and provided that a written placement agreement is completed andsigned by the legal guardian and the facility representative within 24 hoursof the child's arrival or by the end of the next business day after thechild's arrival.
(2002, c. 747; 2004, c. 815.)
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