ICPC State Pages
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About the ICPC
The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. The AAICPC has authority under ICPC to "promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." The AAICPC obtains its Secretariat Services, as an affiliate of the American Public Human Services Association (APHSA).
For more information, please visit the AAICPC website.
Contact the AAICPC
American Public Human Services Association
1133 Nineteenth Street, NW
Suite 400
Washington, DC 20036
(202) 682-0100
fax: (202) 289-6555
Web Manager: Carla Fults [cfults@aphsa.org]
Click on a state to see it's page:
Virginia
-
Adoption
- Age of Majority
- Appeals
- Border Agreements
- Criminal Background Checks/Abuse and Neglect Registry
- Custody Matters
- NON ICPC - Consultants/Specialists
- Definitions
- Education - Public Education Costs
- Financial Plans, Medicaid, IV-E, Daycare, Payments
- Foster Care
- Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
- ICPC Processing
- Licensing/Certification/Approval
- Parental Placements
- Relative Placements
- Residential Treatment Centers/Facilities
- Supervision/Reports/Guidelines
- Termination of Parental Rights (TPR)
Compact Administrators
| Compact Administrator Em Parente |
Deputy Compact Administrator Tameka Kelley, E-Mail: .(JavaScript must be enabled to view this email address) |
Consultants
| ICPC Specialist (A-H) Gail Rhodes Yolanda Best-Rance Laurie Pohler E-Mail: .(JavaScript must be enabled to view this email address) ICPC Referrals are assigned on a rotating basis, please submit all Non NEICE requests to .(JavaScript must be enabled to view this email address) |
Administrative Assistant (A-L) Heather Rogers ICPC Referrals are assigned on a rotating basis, please submit all Non NEICE requests to .(JavaScript must be enabled to view this email address)
|
| ICPC Specialist (I-Q) Chanda Yarborough Ericka Poli |
Administrative Assistant (M-Z) N/A |
| ICPC Specialist (R-Z) Tamika Henry Laurie Pohler Tyia Venable
|
Mailing Address
| Regular Mailing Address Attn: Deputy Compact Administrator |
Federal Express Address Attn: Deputy Compact Administrator |
Useful Telephone Numbers
| Child Abuse Hotline In State: (800) 552-7096 |
Juvenile Compact Office Department of Juvenile Justice Street Address: Main Street Centre, 20th Floor Mailing Address: P.O. Box 1110 |
| Mental Health Compact Office Department of Behavioral Health and Developmental Services |
Useful Websites
General Iinformation
Co-Located Compacts - ICPC, ICAMA, ICJ
Adoption
Independent /Private
Independent/Private Adoptive Placements:
Virginia permits private attorney, private agency and/or independent adoptions
| Adoption Type | Yes/No |
|---|---|
| Private Agency | Yes |
| Private Attorney | Yes |
| Independent | Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
- 63.2-1200
Public
Public Adoptive Placements-Requirements
63.2-1221
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
- At the time the child is placed
Sending State Adoption Subsidy Payments (Guidelines)
Virginia. Department of Social Services; Adoption Agency Placement; Volume VII; Section III, Chapter C, Section 8 (Subsidy/Adoption Assistance).
Special Needs
Virginia definition of "Special Needs"
Section 63.2-1300, Code of Virginia. A “child with special needs” shall mean any child (I) in the custody of a local board of social services which has the authority to place the child for adoption and consent thereto....or (ii) in the custody of a licensed child placing agency.....
has at least one of the following individual characteristics that make the child hard to place: a physical, mental, or emotional disability existing before legal adoption; a hereditary, congenital problem or birth injury that could lead to a future disability; being six years of age or older; being a member of a minority or mixed racial heritage; being a member of a sibling group that is ready for placement at the same time and that should not be separated; or having significant emotional ties with the foster parents with whom the child has resided for at least 12 months, when the adoption is in the best interest of the child and when the subsidy is necessary to consummate the adoption by these foster parents.
Finalization
Adoption may be finalized in another state:
- Yes
Before finalization can occur in Virginia, child must be in adoptive placement:
- 6 months
Statutory code/cite for Adoption Petition
63.2-1201
Court Jurisdiction for Adoption Cases
Circuit Court
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
63.2-1208/63.2-1201
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Yes
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: No
- Independent Adoptions: No
Age of Majority
State's age of majority
- 18 years
Statutory code/cite and the age of majority:
- 63.2-100 (child)
Services (after Age of Majority)
As the Receiving State, the following services will be provided/continued at the age of majority:
- Supervision
Appeals
Appeals permitted:
- Home Study: No
- ICPC Decision: No
Border Agreements
Border Agreements permitted:
- Yes
Current Border Agreements with:
- Tennessee
Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Parent
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
- Other, specified below
The Office of Background Information (OBI) is responsible for conducting all backgrounds checks in Virginia.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
- National
- State
- Local
Background Screening
State or Local Criminal Record Checks Requirements/Process:
1. Sworn written statement of affirmation (disclosing any criminal and chld abuse and neglect history in Virginia and any other state of residence within the past 5 years.
2. National fingerprint record check
3. Child Protective Services (CPS) child abuse and neglect central registry search
4. Sex Offender Registry (Included in the natinoal criminal background check)
5. Name search if individual's fingerprints are not obtainable due to a disability or are of low quality and unable to be read
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
Please refer to the Code of Virginia § 63.2-1719.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Other, specified next
Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Adoption
- Parent
The Code of Virginia § 63.2-901.1 Criminal history and central registry check for placement of children.
“....Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child placing agency but shall not be disseminated further; and .......”
State agency refers to a Virginia state agency only.
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
- Other, specified below
The Office of Background Investigation (OBI) is responsible for providing all criminal background checks in Virginia. Fingerprints are taken by local agency staff or local law enforcement staff; the OBI processes the actual reports.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
- Other, specified below
The Office of Background Investigation (OBI) is responsible for providing this information at all levels.
Background Screening
State or Local Criminal Record Checks Requirements/Process:
The Office of Background Investigations (OBI) is responsible for all background investigation information in Virginia.
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
The Code of Virginia § 63.2-1719 lists all of the Barrier Crimes in Virginia.
Exceptions may be found in § 63.2-1720 and § 63.2-1721.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Verification of Criminal Records Results
Custody Matters - NON ICPC
(NOTE: These are private or domestic custody matters brought before the court for determination/decision)
Non-ICPC Requests - (i.e. private/domestic custody cases)
ICPC Office will not investigate a domestic or private custody matter.
- Parent vs. Parent: No
- Third Parties: No
ICPC Offices will assist with referral:
- Yes
Refer Cases To:Request is forwarded to local social services agency; ICPC Office will receive no feedback on the outcome and the ICPC Office does not provide follow-up services
Custody Investigation
Local department of social services decision
Definitions
Virginia Specific Definitions
If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).
Adoption-Same
Foster-Adopt-Fully approved means a decision by the local department that the provider has met all requirements to be approved as a resource, foster, adoptive or respite home provider.
Foster Care-means 24-hour substitute care for children placed away from their parents or guardians and for whom the local board has placement and care responsibility. Placements may be made in foster family homes, foster homes of relatives, pre-adoptive homes, group homes, emergency shelters, residential facilities, and child care institutions. Foster care also includes children under the placement and care of the local board who have not been removed from their home.Parent-means the birth or adoptive parent of a child
Relative
General Definitions
Adoption means the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
The types of adoptions permitted by each state are governed by state law:
- Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
- Independent - are adoptions facilitated by an attorney or other intermediary as defined by state law.
- Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.
Days means “Calendar” (not business) days.
Foster/Adopt - means an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.
Foster Care (Provider) means any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption. Foster home means and includes private residences that are licensed, or specialized group homes.
Foster Care Maintenance Payments means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel for the child to visit with family or other caretakers and to remain in the school in which the child was enrolled at the time of placement.
Legal Risk Adoption means a legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.
License/certification/approval means approval and or certification granted by the authority of a state regulatory agency.
Live Scan means an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.
Parent means a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.
Relative means a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.
Relative-Foster Care means a person who meets the definition of a relative as noted above and has been approved as a
Public Education Costs
Virginia charges for public education:
- Other: The Code of Virginia allows local school districts to charge tuition for non-resident students
Virginia charges the sending state for specialized services (occupational, speech therapy)
- Other: The Code of Virginia allows local school districts to charge for specialized services
Virginia charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:
- Yes
Financial Plans, Medicaid, IV-E, Daycare, Payments
FINANCIAL PLANS
Virginia permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in Virginia as the Receiving State.
As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State’s Coverage for Medical Assistance
As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State Adoption Assistance
- Sending State’s Coverage for Medical Assistance
MEDICAID / MEDICAL ASSISTANCE
The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.
- Yes
Medicaid
The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Other: In Virginia, Title-IVE Medicaid will be approved only if the sending state agrees to make foster care payments.
WAITING PERIOD FOR MEDICAID BENEFITS
Waiting period to apply for benefit assistance:
- Other:
Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:
- Other: Cannot apply for benefits until custody has been transferred
STATE MEDICAL INSURANCE/COVERAGE
As the Sending State, Virginia will provide medical coverage if the child is NOT IV-E eligible
- Yes: If eligible, Virginia Medicaid
As the Sending State, Virginia will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.
- Yes
PAYMENTS MADE
TANF Payments
- Eligibility is determined after custody is transferred.
Adoption assistance payments begin:
- Other, please specify
Foster Care Payments
Basic maintenance payments are made on behalf of a foster care child for the following: food, clothing, shelter, daily supervision, school supplies,a child’s personal incidentals, liability insurance with respect to a child, and reasonable travel for the child to visit with family or other caretakers and to remain in his or her previous school placement.
Special Education Payments
- Other: In accordance with the Individual Education Plan (IEP)
Daycare Payments
- Other
Local department of social services option
Kinship Program
Virginia's subsidized guardianship program is being developed.
TITLE IV-E
Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Other: In Virginia, Title-IVE Medicaid will be approved only if the sending state agrees to make foster care payments.
Title IV-E documentation/verification required
- Yes: All supporting documentation that validates the child's eligibilty.
Foster Care
RATES (Foster Care)
Foster care rate paid at:
- Sending State’s rate
Unless receiving state's rate is higher
Virginia foster care rates:
| Service Level of Care | Amount per day |
|---|
REQUIREMENTS (Foster Care)
Foster Care Resource Requirements:
LINK - page 6 (Guidance)
Training (Education and Training)
- LINK - page 6 (Guidance)
Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
Types of Home Studies
Virginia conducts the following types of home studies:
- Foster Care
- Parent Care
- Foster- Adopt
- Adoption
Virginia designates staff in each county/region to conduct home studies and/or process interstate placements.
- Other: Virginia is a locally administered state. "State" processes interstate placement; local departments of social services conduct the home studies and provide services.
Virginia considers a home study as current/valid for:
- 3 years
Private Contract Services - Home Study
As the Sending State, Virginia will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Other: Contractors or private/independent agencies are used on an individual basis and not all localities will contract for home study services.
As the Receiving State, Virginia will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.
- Other: Local department of social services makes that decision but generally the family will be studied by the public agency if the children are coming from a public agency.
As the Receiving State, Virginia will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.
- Other: For private adoptions only
Adoptive Home Studies
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- No
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: No
- Independent Adoptions: No
DCPS contracts for Purchase of Services with private agencies in other states:
- Yes
Foster Care Home Study
Home study for foster care conducted prior to Termination of Parental Rights (TPR)
- Yes
Parent Home Study
If child has been removed from the parent, Virginia requires a home study evaluation before reunification.
The assessment process is a crucial element in permanency planning. When deciding whether to recommend to a court that children in placement should be returned home to their parents’ care, the LDSS should convene a Family Partnership Meeting where team members consider whether:
- The parents have made reasonable progress in correcting the conditions that led to the removal of their children from the home (this shall include a formal risk assessment).
- The parents have achieved the outcomes of the foster care service plan in such a manner that the conditions determined essential to the child’s safety and well-being have been met.
- Whether the family is ready to be reunified.
A Family Partnership Meeting should be scheduled when the risk level is reduced and parental progress and ability to protect and provide safety for the child is recognized. The team determines if the child can safely return to his or her own family and a reunification meeting should be held before overnight visits begin. Meetings shall be scheduled at a time and place where parents and other partners can attend.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
- A court does not have evidence before it that such parent is unfit;
- Does not seek such evidence; and
- Does not retain jurisdiction over the child after the court transfers the child.
Proof of Paternity is required:
- No
Relative/Kinship Home Study
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
Define Relative
Depends on the program
Relatives must be licensed:
- Yes
Proof of Paternity is required:
- No
Virginia considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
Regulation 7 Priority Placement
Virginia performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- Other: Criminal records checks are mandated for all home studies including parents.
Wait Time (ICPC Interstate Home Study) - Private
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- Other: 60 days - Criminal background checks are mandated on all home studies including parents.
Virginia determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | y |
| Send home study request to Local office | y | y | y | y |
| Send home study report to Sending State | y | y | y | y |
Criminal Record Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Criminal Record Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Adoption
- Parent
The Code of Virginia § 63.2-901.1 Criminal history and central registry check for placement of children.
“....Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child placing agency but shall not be disseminated further; and .......”
State agency refers to a Virginia state agency only.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
ICPC Processing And Data Collection
Virginia conducts the following types of home studies:
- Foster Care
- Parent Care
- Foster- Adopt
- Adoption
ICPC Placement Checklists
| Adoption | Foster | Foster-Adopt | Parent | Relative | Residential | Electronic Transmission Accepted * | |
|---|---|---|---|---|---|---|---|
| ICPC 100A (Placement Request) | y | y | y | y | y | y | L |
Date of Receipt - Home Study
Virginia determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Virginia designates staff in each county/region to conduct home studies and/or process interstate placements.
- Other: Virginia is a locally administered state. "State" processes interstate placement; local departments of social services conduct the home studies and provide services.
Private Contract Services - Home Study
As the Sending State, Virginia will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Other: Contractors or private/independent agencies are used on an individual basis and not all localities will contract for home study services.
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Adoption
- Parent
The Code of Virginia § 63.2-901.1 Criminal history and central registry check for placement of children.
“....Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child placing agency but shall not be disseminated further; and .......”
State agency refers to a Virginia state agency only.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Mailing Process - Interstate Home Study
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | y |
| Send home study request to Local office | y | y | y | y |
| Send home study report to Sending State | y | y | y | y |
Wait/Processing Times
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- Other: Criminal records checks are mandated for all home studies including parents.
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Local department of social services process
Length of time a license is valid before renewal required.
- 3 years
Virginia offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- OtherLocal departments of social services schedule all training
Wait Time for ICPC Decision
| Foster Care | Relative | Relative - Foster Care | Parent | Foster - Adopt | Adoption (Public) |
Adoption (Private) |
Adoption (Independent) |
|---|---|---|---|---|---|---|---|
| 1-2 months | 1-2 months | 1-2 months | 1-2 months | 1-2 months | 1-2 months | 1- 30 days | 1- 30 days |
Data Collection
Virginia collects, tracks and reports interstate data via:
- State System (SACWS or Other Computer System/Database)
Virginia collects, tracks and reports interstate home studies via
- State System (SACWS or Other Computer System/Database)
Licensing/Certification/Approval
Licensing
Dual Licensing state:
- Yes
Virginia uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:
- Approve (Adoption)
- Verified (Foster Home)
- Certified
Virginia requires the following types of placement resources to be licensed/approved/certified:
- Foster Care
- Relative-Foster Care
- Adoption
- Foster/Adopt
Virginia resource training program is as follows:
- PRIDE (Parents Resource Information Development Education)
Virginia will give full or partial credit for foster care and adoption education and training completed in another state:
- Adoption
OtherThis is a local department of social services decision and it is usually based on the modules that were used by another states and if they are comparable to Virginia's approved training - Foster Care
OtherThis is a local department of social services decision and it is usually based on the modules that were used by another states and if they are comparable to Virginia's approved training
Title IV-E documentation/verification required
- Yes: All supporting documentation that validates the child's eligibilty.
Requirements (Licensing)
Licensing Requirements
Proposed placement resource must complete the dual approval process.
Foster Care Placements
Proposed placement resource must complete the dual approval process.
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Local department of social services process
Length of time a license is valid before renewal required.
- 3 years
Virginia offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- OtherLocal departments of social services schedule all training
Parent Studies
Virginia conducts the following types of home studies:
- Foster Care
- Parent Care
- Foster- Adopt
- Adoption
Custodial Parent Evaluated Per Reunification
If child has been removed from the parent, Virginia requires a home study evaluation before reunification.
The assessment process is a crucial element in permanency planning. When deciding whether to recommend to a court that children in placement should be returned home to their parents’ care, the LDSS should convene a Family Partnership Meeting where team members consider whether:
- The parents have made reasonable progress in correcting the conditions that led to the removal of their children from the home (this shall include a formal risk assessment).
- The parents have achieved the outcomes of the foster care service plan in such a manner that the conditions determined essential to the child’s safety and well-being have been met.
- Whether the family is ready to be reunified.
A Family Partnership Meeting should be scheduled when the risk level is reduced and parental progress and ability to protect and provide safety for the child is recognized. The team determines if the child can safely return to his or her own family and a reunification meeting should be held before overnight visits begin. Meetings shall be scheduled at a time and place where parents and other partners can attend.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
- A court does not have evidence before it that such parent is unfit;
- Does not seek such evidence; and
- Does not retain jurisdiction over the child after the court transfers the child.
Proof of Paternity is required:
- No
Regulation 7 Priority Placement
Virginia performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- Other: Criminal records checks are mandated for all home studies including parents.
Virginia determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | y |
| Send home study request to Local office | y | y | y | y |
| Send home study report to Sending State | y | y | y | y |
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Adoption
- Parent
The Code of Virginia § 63.2-901.1 Criminal history and central registry check for placement of children.
“....Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child placing agency but shall not be disseminated further; and .......”
State agency refers to a Virginia state agency only.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Other, specified next
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Local department of social services process
Length of time a license is valid before renewal required.
- 3 years
Virginia offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- OtherLocal departments of social services schedule all training
Relative Placements
Virginia conducts the following types of home studies:
- Foster Care
- Parent Care
- Foster- Adopt
- Adoption
Relative Home Study
Define Relative
Depends on the program
Relatives must be licensed:
- Yes
Proof of Paternity is required:
- No
Virginia considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
Regulation 7 Priority Placement
Virginia performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Wait time to complete Home Study, only (without criminal records check):
- Other: Criminal records checks are mandated for all home studies including parents.
Virginia determines the "Date of Receipt" for an interstate home study as:
- Date stamped in the ICPC Office.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | y | y | y |
| Send home study request to Local office | y | y | y | y |
| Send home study report to Sending State | y | y | y | y |
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Parent
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Criminal Records Checks
Virginia requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Adoption
- Parent
The Code of Virginia § 63.2-901.1 Criminal history and central registry check for placement of children.
“....Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child placing agency but shall not be disseminated further; and .......”
State agency refers to a Virginia state agency only.
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 8-14 days
- Local/County: 8-14 days
Manually - Fingerprint Card
- State: 8-14 days
- Local/County: 8-14 days
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 60 days
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Adoption | y | y | y | ||
| Parent | y | y | y |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
- Other, specified next
Type of Checks (Crim. & Abuse Neglect Registry)
Virginia requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent | y | y | y |
Verification of Criminal Records Results
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Local department of social services process
Length of time a license is valid before renewal required.
- 3 years
Virginia offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- OtherLocal departments of social services schedule all training
Residential Treatment Centers/Facilities
Before Virginia will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).
- Yes
Residential Placements
Supervisory Reports
Virginia Requires face-to-face supervision:
- Once a month
Virginia will provide supervision of an interstate placement:
- Until the ICPC case is closed
Virginia Submits a supervisory report to the Sending State
- Quarterly
Virginia will send a supervision report to:
- The ICPC in the Sending State
Supervision Guidelines
Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):
Termination of Parental Rights (TPR)
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- No
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.
- Yes
Relative Home Study
Define Relative
Depends on the program
Relatives must be licensed:
- Yes
Proof of Paternity is required:
- No
Virginia considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
- 4th Degree (great, great-grandmother, great, great-grandfather, great, great aunt, great, great aunt, great, great uncle, great grand-niece, great grand nephew, third cousin)
- Godmother, Godfather
- Other
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