2006 Code of Virginia § 63.2-906 - Foster care plans; permissible plan goals; court review of foster children

63.2-906. Foster care plans; permissible plan goals; court review of fosterchildren.

A. Each child, who is committed or entrusted to the care of a local board orto a licensed child-placing agency, or who is placed through an agreementbetween a local board or a public agency designated by the community policyand management team and the parent, parents or guardians where legal custodyremains with the parent, parents or guardians, shall have a foster care planprepared by the local department, the designated public or child welfareagency, or the family assessment and planning team established pursuant to 2.2-5207, as specified in 16.1-281. The representatives of such department,agency, or team shall involve the child's parent(s) in the development of theplan, except when parental rights have been terminated or the localdepartment of social services or other designated agency has made diligentefforts to locate the parent(s) and such parent(s) cannot be located, and anyother person or persons standing in loco parentis at the time the board orchild welfare agency obtained custody or the board or the public agencyplaced the child. The representatives of such department, agency, or teamshall involve the child in the development of the plan, if such involvementis consistent with the best interests of the child. In cases where either theparent(s) or child is not involved in the development of the plan, thedepartment, agency, or team shall include in the plan a full description ofthe reasons therefor.

A court may place a child in the care and custody of (i) a public agency inaccordance with 16.1-251 or 16.1-252, and (ii) a public or licensed privatechild-placing agency in accordance with 16.1-278.2, 16.1-278.4, 16.1-278.5,16.1-278.6 or 16.1-278.8. Children may be placed by voluntary relinquishmentin the care and custody of a public or private agency in accordance with 16.1-277.01 or 16.1-277.02 and 16.1-278.3. Children may be placed throughan agreement where legal custody remains with the parent, parents orguardians in accordance with 63.2-900 and 63.2-903 or 2.2-5208.

B. Each child in foster care shall be assigned a permanent plan goal to bereviewed and approved by the juvenile and domestic relations district courthaving jurisdiction of the child's case. Permissible plan goals are to:

1. Transfer custody of the child to his prior family;

2. Transfer custody of the child to a relative other than his prior family;

3. Finalize an adoption of the child;

4. Place the child in permanent foster care;

5. Achieve independent living; or

6. Place the child in another planned permanent living arrangement inaccordance with subsection A 2 of 16.1-282.1.

C. Each child in foster care shall be subject to the permanency planning andreview procedures established in 16.1-281, 16.1-282 and 16.1-282.1.

(2002, c. 747; 2005, c. 653.)