Virginia Regulatory Town Hall
Agency
Department of Social Services
 
Board
State Board of Social Services
 
chapter
Permanency Services - Prevention, Foster Care, Adoption, and Independent Living [22 VAC 40 ‑ 201]

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1/9/23  10:10 am
Commenter: Eric Reynolds, Office of the Children's Ombudsman

OCO Recommendations for Amendments
 

1. 22VAC40-201-70, subsection A.2. should be amended to be consistent with language in Va. Code 63.2-906(B)(2): "Transfer custody of of the child to relative other than his prior family or to fictive kin for the purpose of establishing eligibility for the Federal-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1305 or the State-Funded Kinship Guardianship Assistance program pursuant to § 63.2-1306;"

2. 22VAC40-201-40, subsection A: Can it be clarified that adoptive parents of siblings of the child in foster care be considered as relatives requiring notice of the child's entry into foster care?

3. 22VAC40-201-10: The definition of "foster home" may be too inclusive and may include situations where a child is residing with a relative under an informal arrangement or other arrangements that would not be considered "foster care" as that term is defined in this same section. 

4. 22VAC40-201-40: The regulation should be amended to address the procedures required when an allegation of abuse or neglect is submitted against the child's foster care placement. Guidance provides some procedures but not all local agencies follow them consistently.

5. 22VAC40-201-50: The regulation should be amended to provide procedures local agencies must follow regarding any social security benefits to which the child is entitled, with such procedures being in compliance with federal law. 

6. 22VAC40-201-50: Subsection E should be amended to include in the notice to the child's school information regarding the parent's contact with the child and participation in school events or activities, including whether whether such contact and participation is prohibited or limited by court order or otherwise.

7. 22VAC40-201-80: Subsection C should be amended to require the visitation plan to include specific visitation arrangements describing the frequency, duration, and location of visits and any expected progression of the frequency, duration, or location of visits. The visitation plan should also include a provision addressing visits with siblings and relatives. 

8. 22VAC40-201-90: Subsection E should be amended to specify that the monthly face-to-face contact with the child be made by the assigned Family Services Specialist or with an approved service worker if the assigned FSS is unavailable. 

9. 22VAC40-201-110: Subsection K.3. should include language consistent with Va. Code 63.2-910.2(A)(2).

CommentID: 207855