2006 Code of Virginia § 63.2-908 - Permanent foster care placement

63.2-908. Permanent foster care placement.

A. Permanent foster care placement means the place in which a child has beenplaced pursuant to the provisions of 63.2-900, 63.2-903 and this sectionwith the expectation and agreement between the placing agency and the placeof permanent foster care that the child shall remain in the placement untilhe reaches the age of majority unless modified by court order or unlessremoved pursuant to 16.1-251 or 63.2-1517. A permanent foster careplacement may be a place of residence of any natural person or persons deemedappropriate to meet a child's needs on a long-term basis.

B. A local department or a licensed child-placing agency shall have authoritypursuant to a court order to place a child over whom it has legal custody ina permanent foster care placement where the child shall remain untilattaining majority or thereafter, until the age of twenty-one years, if suchplacement is a requisite to providing funds for the care of such child, solong as the child is a participant in an educational, treatment or trainingprogram approved pursuant to regulations of the Board. No such child shall beremoved from the physical custody of the foster parents in the permanent careplacement except upon order of the court or pursuant to 16.1-251 or 63.2-1517. The department or agency so placing a child shall retain legalcustody of the child. A court shall not order that a child be placed inpermanent foster care unless it finds that (i) diligent efforts have beenmade by the local department to place the child with his natural parents andsuch efforts have been unsuccessful, and (ii) diligent efforts have been madeby the local department to place the child for adoption and such efforts havebeen unsuccessful or adoption is not a reasonable alternative for a long-termplacement for the child under the circumstances.

C. Unless modified by the court order, the foster parent in the permanentfoster care placement shall have the authority to consent to surgery,entrance into the armed services, marriage, application for a motor vehicleand driver's license, application for admission into college and any othersuch activities that require parental consent and shall have theresponsibility for informing the placing department or agency of any suchactions.

D. Any child placed in a permanent foster care placement by a localdepartment shall, with the cooperation of the foster parents with whom thepermanent foster care placement has been made, receive the same services andbenefits as any other child in foster care pursuant to 63.2-319, 63.2-900and 63.2-903 and any other applicable provisions of law.

E. The Board shall establish minimum standards for the utilization,supervision and evaluation of permanent foster care placements.

F. The rate of payment for permanent foster care placements by a localdepartment shall be in accordance with standards and rates established by theBoard. The rate of payment for such placements by other licensedchild-placing agencies shall be in accordance with standards and ratesestablished by the individual agency.

G. If the child has a continuing involvement with his natural parents, thenatural parents should be involved in the planning for a permanent placement.The court order placing the child in a permanent placement shall include aspecification of the nature and frequency of visiting arrangements with thenatural parents.

H. Any change in the placement of a child in permanent foster care or theresponsibilities of the foster parents for that child shall be made only byorder of the court which ordered the placement pursuant to a petition filedby the foster parents, local department, licensed child-placing agency orother appropriate party.

(1977, c. 559, 63.1-206.1; 1978, c. 671; 1984, c. 70; 2002, c. 747.)