Current through Register Vol. 41, No. 3, September 23, 2024
A. A child
enters foster care through a court commitment, entrustment agreement, or
noncustodial foster care agreement.
B. The entrustment agreement shall specify
the rights and obligations of the child, the birth parent or custodian, and the
local department. Entrustments shall not be used for educational purposes, to
make the child eligible for Medicaid, or to obtain mental health treatment.
1. Entrustment agreements that are not for
the termination of parental rights may be revoked by the birth parent or
custodian or local board prior to the court's approval of the
agreement.
2. Entrustment
agreements that terminate parental rights shall only be entered into when the
birth parent and the local board, after counseling about alternatives to
permanent relinquishment, agree that voluntary relinquishment of parental
rights and placement of the child for adoption are in the child's best
interests. When a local board enters into a permanent entrustment agreement,
the child-placing agency shall make diligent efforts to ensure the timely
finalization of the adoption.
3.
Submission of a petition for approval of the entrustment agreement to the
juvenile and domestic relations court shall be in accordance with §
16.1-277.01 of the Code of Virginia.
C. A child may be placed in foster care by a
birth parent or custodian entering into a noncustodial foster care agreement
with the local department where the birth parent or custodian retains legal
custody and the local department assumes placement and care of the child.
1. A noncustodial foster care agreement shall
be signed by the local department and the birth parent or custodian and shall
address (i) the conditions for care and control of the child and (ii) the
rights and obligations of the child, birth parent or custodian, and the local
department. Local departments shall enter into a noncustodial foster care
agreement at the request of the birth parent or custodian when such an
agreement is in the best interest of the child. When a noncustodial foster care
agreement is executed, the permanency goal shall be reunification and
continuation of the agreement is subject to the cooperation of the birth parent
or custodian and child.
2. The plan
for foster care placement through a noncustodial foster care agreement shall be
submitted to the court for approval within 45 days of the child's entry into
foster care. Submission of a petition for approval of a noncustodial agreement
to the juvenile and domestic relations court shall be made in accordance with
§ 16.1-281 of the Code of Virginia.
3. When a child is placed in foster care
through a noncustodial foster care agreement, all foster care requirements
shall be met.
Statutory Authority: §§ 63.2-217, 63.2-319, and
63.2-900 of the Code of Virginia.
