§ 63.2-1533 — Parental child safety placement agreement; terms

Virginia § 63.2-1533

• Jurisdiction: Virginia
• Title 63.2: Welfare (Social Services)
• Subtitle III: Social Services Programs
• Ch. 15: Child Abuse and Neglect
• Art. 7: Parental Child Safety Placement Program

Text

A. A parental child safety placement agreement shall include provisions describing the following:

1. The facts and circumstances that provide the basis for the safety assessment indicating that the child cannot remain safely in the home;

2. The responsibilities of the child's parent, guardian, or legal custodian and the caregiver, including a plan for how the caregiver will access necessary medical treatment, mental health services, and appropriate educational services for the child;

3. Visitation arrangements for the child's parent, guardian, or legal custodian, including supervised visitation as necessary, and other methods by which the child's parent, guardian, or legal custodian may contact the child;

4. The responsibilities of the local department, including (i) any services to be provided to the child, the child's parent, guardian, or legal custodian, and the caregiver and (ii) a requirement that the local department visits the caregiver's home (a) within two weeks of the placement and (b) thereafter in accordance with Board regulations;

5. The date on which the agreement will terminate unless terminated sooner or extended to a subsequent date as provided in this article; and

6. Any other terms the local department determines necessary for the safety and welfare of the child.

B. A parental child safety placement agreement shall contain the following:

1. A statement that the child's parent, guardian, or legal custodian voluntarily consents to the parental child safety placement arrangement and that such consent is not an admission of child abuse or neglect on such person's part;

2. A statement that the agreement may be terminated by any party, at any time, and for any reason and a statement that, upon such termination, the local department may take actions to protect the child, including the removal of the child pursuant to the provisions of this title;

3. A statement that the child's parent, guardian, or legal custodian and the caregiver may seek legal counsel prior to entering into the agreement;

4. A statement that the child's parent, guardian, or legal custodian and the caregiver have the right to refuse to enter into the agreement; and

5. A statement that the local department has notified the child's parent, guardian, or legal custodian and the caregiver of the alternative option for the child to enter foster care and the potential for the caregiver to become an approved kinship foster parent.

C. Prior to signing the parental child safety placement agreement, the local department shall notify the caregiver of any financial assistance available to the caregiver through the Program for the period of time that the agreement is in place.

D. A parental child safety placement agreement shall be in writing and signed by the child's parent, guardian, or legal custodian, the caregiver, and the local department.

E. The local department shall provide a written copy of the parental child safety placement agreement to the child's parent, guardian, or legal custodian and the caregiver.

F. The local department shall include a scanned copy of the parental child safety placement agreement in the case record.

G. The term of the parental child safety placement agreement shall be no more than 90 days from the date the agreement is signed, which shall, as applicable, run concurrently with the time necessary to complete the child protective services investigation or family assessment. A parental child safety placement agreement may be extended, but such extension shall not exceed one additional 90-day period and the reason for such extension shall be documented in the case record. Prior to any extension, the local department shall conduct a facilitated meeting and perform a safety assessment to determine whether (i) the child should be returned home, (ii) the agreement should be extended, or (iii) the local department should seek a child protective order or other court action.

H. The In-Home Services case shall remain open for the duration of the parental child safety placement agreement.

Legislative History

2024, cc. 629, 662.