Bill Text: VA SB467 | 2024 | Regular Session | Prefiled
Bill Title: Foster care; diversionary placements, alternative living arrangements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-19 - Incorporated by Rehabilitation and Social Services [SB467 Detail]
Download: Virginia-2024-SB467-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 63.2-900.4 as follows:
§63.2-900.4. Alternative living arrangements.
A. For the purposes of this section:
"Alternative living arrangement" means a situation where a birth parent is willing to voluntarily place the birth parent's child in the physical custody of a relative or fictive kin due to an investigation by child-protective services or a family assessment conducted pursuant to §63.2-1506. "Alternative living arrangement" includes diversionary placement and foster care diversion.
"ALA caregiver" means any relative or fictive kin who provides care for a child voluntarily forfeited by the child's birth parent due to an investigation by child-protective services or a family assessment conducted pursuant to §63.2-1506.
B. A birth parent is permitted to identify an ALA caregiver with whom the birth parent would like his child to be placed in an alternative living arrangement, pursuant to approval of the placement by the local board. Prior to placement with the ALA caregiver, the local board shall conduct a background check on the ALA caregiver as well as any other adult who resides in the home of the ALA caregiver pursuant to §63.2-901.1. If any adult who resides with the ALA caregiver is found to be ineligible for placement under the requirements of §63.2-901.1, the local board shall not approve placement of the child with the ALA caregiver.
C. If the local board approves an ALA caregiver pursuant to subsection B, such ALA caregiver shall be granted physical custody and legal custody of the child. Legal custody granted pursuant to this subsection shall be limited such that the ALA caregiver may only make decisions regarding the child's school arrangements and medical care. Such legal custody shall be subject to termination at the discretion of the local board.
D. Upon placement of a child with an ALA caregiver, the local department shall conduct a safety and welfare check no later than 30 days after such placement. The local department shall conduct such safety and welfare check at least once during each subsequent 30-day period that the child is placed with an ALA caregiver. Such safety and welfare checks shall continue until termination of the alternative living arrangement. If an ALA caregiver fails to comply with a safety and welfare check, the ALA caregiver shall immediately forfeit custody of the child and the local board shall immediately terminate the alternative living arrangement. If such termination occurs, the birth parent may identify an alternative ALA caregiver pursuant to subsection B.
E. Upon placement of a child with an ALA caregiver, the local board shall establish an exit plan no later than 30 days after such placement. Such exit plan shall consist of concrete steps that the ALA caregiver and birth parent should take to work towards reunification of the child and the birth parent. If such reunification is not viable, the exit plan shall consist of concrete steps that the ALA caregiver and local board can follow in pursuit of a permanent outcome for the child. Local boards shall make efforts to effectuate permanent placement of a child under an alternative living arrangement no later than 12 months after placement of such child with an ALA caregiver.
