Virginia Department of Social Services Foster Care

November 2010 Volume VII, Section III, Chapter B SECTION 15

TABLE OF CONTENTS

15. OTHER REQUIREMENTS .................................................................................... 326

15.0 Table of contents ....................................................................................... 326

15.1 Confidentiality of records ........................................................................... 327

15.2 Travel of children in foster care ................................................................ 328

15.2.1 Out-of-country travel ...................................................................... 328

15.2.2 Requirement for approved child restraint devices ......................... 328

15.3 Child Protective Services reporting ........................................................... 330

15.3.1 Responsibility to report .................................................................. 330

15.3.2 Investigating the CPS report.......................................................... 330

15.4 The minor child of a foster youth ............................................................. 330

15.5 Procedures and responsibility for youth in the custody of DJJ .................. 331

15.5.1 Youth committed to Department of Juvenile Justice ..................... 331

15.5.2 Post-release supervision ............................................................... 331

15.5.3 Children returned to LDSS and placed in out-of-home placement 331

15.5.4 Child Welfare Information System requirements ........................... 332

15.5.5 Submission of the Foster Care Service Plan to court .................... 333

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15. OTHER REQUIREMENTS

15.1 Confidentiality of records
The records of children in foster care are confidential and information about
children in foster care or their parents or relatives is confidential. (§ 63.2-104)
The LDSS may disclose information:

ƒ Upon order of the court; for instance, to the Guardian ad Litem and the
Court Appointed Special Advocate (CASA) who are appointed to a child as
the result of a court order;

ƒ When the LDSS determines that disclosure is in the best interest of the
child and the person has a legitimate interest in the records and information
in a child protective services (CPS) case, without a court order and without
the consent of the family. Persons with a legitimate interest include, but are
not limited to:

ƒ Persons responsible for investigating a report of known or suspected

abuse or neglect or for providing services to the child or family,
including multidisciplinary teams and family assessment and planning
teams, law-enforcement agencies and Commonwealth attorneys;

ƒ Child welfare or human services agencies in Virginia when they

request information to determine compliance with a child-protective
services plan or court order;

ƒ Personnel of the school or child day program as defined in § 63.2-100

that the child attends so the LDSS can receive ongoing information on
the child's health and behavior, and the activities of the child's
custodian;

ƒ Parent, grandparent, or potential caretaker of the child in the event the

LDSS has to remove the child from his custodian; and

ƒ The Commitment Review Committee and the Office of the Attorney

General for the purposes of sexually violent predator civil
commitments (§ 63.2-105).

ƒ When the LDSS refers the child and family to the Family Assessment and
Planning Team (FAPT) for assessment, services or funding, obtaining
proper consent to share information with the team if LDSS does not have
custody of the child (§ 2.2-5210).

For additional information, see the Child Protective Services Manual, Part IX
Confidentiality, Section F on Release of Information to Legitimate Interests.

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15.2 Travel of children in foster care
15.2.1 Out-of-country travel

Approval for such travel is the option of the LDSS.

ƒ The LDSS director must give written approval for a child going out of
the country.

ƒ The LDSS should obtain written approval from the parent(s) or

guardians if whereabouts are known and parental rights have not
been terminated.

ƒ The sponsor of the out-of-country trip (residential facility, school,

foster parent) must provide LDSS with the itinerary and telephone
numbers where the child and/or sponsor can be contacted.

ƒ Proper passports, visas or other requirements for traveling out of the

country must be obtained.

ƒ Written assurances that the sponsor will provide for the health, safety
and legal needs of the child during the trip must be obtained.

ƒ The LDSS should provide the sponsor with authorization to obtain

medical care.

15.2.2 Requirement for approved child restraint devices

15.2.2.1 Children through age seven (until their 8th birthday), transported in
a vehicle by LDSS staff, foster care providers, or any adult
transporting a child, must be properly secured in a child restraint
device of a type approved by the United States Department of
Transportation. There is no height or weight requirement, age is
the only requirement.

Rear facing child restraint devices shall be placed in the back

seat. If the vehicle does not have a back seat the child restraint
device may be placed in the front seat if the passenger side does
not have an air bag or if it has been deactivated (§ 46.2-1095).

Safety seat installation videos are available in English and

Spanish at the Virginia Department of Health website.

Exceptions for certain children who may be exempted from the

requirements for an approved restraint device in the following
situation:

ƒ If a physician states that use of a child restraint device would

be impractical because of the child's weight, physical

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unfitness, or other medical reasons. The driver must carry or
keep in the vehicle a statement signed by the physician giving
the child's name and the grounds for exemption (§ 46.2-1096).

ƒ A seat belt which is standard equipment in new automobiles

may be used for children at least four years old but less than
eight year old when the driver carries or keeps in the vehicle a
signed written statement of a physician that the child's weight,
physical fitness, or other medical reasons makes the use of a
child restraint system impractical. The statement must give
the child’s name and the grounds for exemption (§ 46.2-1100).

Penalties. Violation is sufficient for ticketing; no other violations

must be committed prior to ticketing. There is a civil penalty of
fifty dollars for failure to have a child in a child restraint device.
Subsequent violations on different dates will be fined up to five
hundred dollars.

There is an additional twenty dollars penalty for failure to carry a

physician's written statement for a child exempted from the law
due to medical reasons (§ 46.2-1098).

15.2.2.2 Children age eight and through age 17 (until their 18th birthday),
transported in a vehicle by LDSS staff, foster care providers, or
any other adults transporting the children shall be correctly
secured by an appropriate safety belt (§ 46.2-1095).

Penalties. Violation is sufficient for ticketing; no other violations

must be committed prior to ticketing. There is a civil penalty of
twenty-five dollars for failure to have a child correctly buckled.

Children through age 15 (until 16th birthday) shall not be

transported in the rear cargo area of a pickup truck, except for
certain parades and farming activities (§ 46.2-1156.1).

15.2.2.3 How to pay for restraint devices

Free child safety seats are available for eligible families who
cannot afford them. To qualify, applicants must meet all of the
following:

ƒ Parent, legal guardian, or foster parent of the child;

ƒ Medicaid or FAMIS eligible or meet program income eligibility

guidelines;

ƒ Resident of Virginia;

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ƒ Last trimester of pregnancy, or provided for children seven
years old or younger who fit within the program safety seat
manufacturer's guidelines;

ƒ Available to attend a safety seat installation and use class; and

ƒ Sign a waiver of liability release form.

Foster parents can learn how to apply for the program or obtain
technical assistance on child protection at their local distribution
site. For more information, contact the Office of Family Health
Services in the Virginia Department of Health either online or at 1-
800-732-8333.

Child restraint devices for LDSS use may be purchased from

administrative funds. Payment for devices to be used by foster
parents may be purchased from State Pool Funds in the name of
the child for whom the device is being purchased.

15.3 Child Protective Services reporting

15.3.1 Responsibility to report

Any person employed as a service worker who suspects a child has been
abused or neglected in foster care placement must report the matter
immediately to the LDSS holding custody or the agency in the locality
where the child is placed or the Child Protective Services hotline at 800-
552-7096. (§ 63.2-1509)

15.3.2 Investigating the CPS report

A protective service worker in the locality where the child resides shall be
responsible for conducting the investigation. The foster care service
worker must cooperate with the CPS investigation and be kept informed
and involved in any decision to remove the child. The LDSS holding
custody or having placed the child, if different than the agency of the
child's residence, must be notified of the report of abuse/neglect.

15.4 The minor child of a foster youth

ƒ The foster care provider is responsible for providing room and board and
ensuring that the payment is used to meet the child’s needs. (Refer to
Section 14.1.9 for payment information.)

ƒ The minor child of a foster youth remains the responsibility of his or her
parent, unless custody has been removed.

ƒ The minor child shall be listed in the Child Welfare Information System with
the foster youth (parent).

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ƒ The minor child is not subject to requirements for plans, reviews, or

hearings. However, the needs and safety of the minor child should be
considered and documented when developing the service plan for the
(foster youth) parent.

ƒ The minor child is eligible for Medicaid, services, and child support
services.

15.5 Procedures and responsibilities for youth in custody of the Department

of Juvenile Justice (DJJ)
The purpose of this section is to identify procedures for LDSS in order to provide
services for foster care youth committed to the Department of Juvenile Justice
(DJJ). These procedures will require coordination and cooperation between DJJ
and LDSS staff. These procedures chronologically outline the responsibilities of
a LDSS once a foster care youth is committed to DJJ. These procedures are in
compliance with §§ 16.1-291, 16.1-293, and 16.1-294.

15.5.1 Youth committed to Department of Juvenile Justice

At the time a youth in custody of LDSS is committed to DJJ, the juvenile

and domestic relations court service unit shall maintain contact with the
youth during commitment.

A youth committed to DJJ is no longer in the custody of LDSS and shall

be discharged from foster care. The date of the court order will be the
discharge date as documented in the Child Welfare Information System.

For more information, see Appendix C, Youth Committed to Corrections.

15.5.2 Post-release supervision

Post-release supervision is the period that begins after a youth who has
been committed to the DJJ returns to a local community for supervision.

Post-release supervision or parole supervision of a youth is the

responsibility of DJJ and not LDSS.

In the event that the youth was in the custody of LDSS immediately prior
to his commitment to DJJ and has not attained the age of 18 years, LDSS
shall resume custody upon the youth’s release, unless an alternative
arrangement for the custody has been made and communicated in writing
to DJJ. DJJ will consult with LDSS four weeks prior to the youth’s release
from commitment on parole supervision concerning return of the youth to
the locality and the placement of the youth. (§ 16.1-293).

15.5.3 Children returned to LDSS and placed in out-of-home placement

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ƒ The case shall be opened in the Child Welfare Information System to
foster care (See Section 15.4.4).

ƒ The youth is eligible for foster care maintenance and services. These
cases are subject to requirements governing service plans,
supervisory or panel reviews and dispositional hearings.

ƒ The service worker shall refer the youth and provide information on
the Title IV-E/Medicaid Eligibility Form to the eligibility worker. The
eligibility worker shall determine the youth is not eligible for Title IV-E
Foster Care and determine whether the youth is eligible for Medicaid.

15.5.4 Child Welfare Information System requirements

The day the youth returns to LDSS is the day of entry to foster care.
When the youth returns from DJJ to LDSS, the case may still be open if
other children are receiving services. If there are no other children
receiving services, the case is closed. To reactivate the youth in the
Child Welfare Information System:

• If the case is still open, delete the end date on the Client General
Information screen to reactivate the youth.

• If the case is closed, reopen the case:

• Select Reopen on the Summary screen.

• Enter Foster Care as the case type with the begin date as the date
the youth returned to LDSS responsibility.

• Delete the end date on the Client General Information screen to

reactivate the youth.

• Delete the end date on any other client who will be active in the
case.

The service worker shall then enter required information into the Physical
Removal Screen and Legal Basis for Custody Screen in the Child Welfare
Information System as follows:

Physical Removal Screen:

Date Child Removed from Home: Date left DJJ returned

to DSS custody
Child Removed From: Legal Guardian
Type of Removal: Court Ordered
Caretaker Family Structure: Unable to Determine
Conditions: Child’s Behavior Problem

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Legal Basis for Custody Screen:

Begin Date: Date left DJJ returned to

DSS custody
Official Custody: Court Ordered
Custody Disposition: DSS Custody
Legal Basis for Custody: Needs Services

15.5.5 Submission of the Foster Care Service Plan to court

LDSS shall file a CHINS petition and submit a service plan on the youth
to the court no later than 45 days after the youth’s return to the
community and placement outside of the youth’s own home. The service
worker is requesting the service plan be reviewed and a disposition be
made at the first court hearing upon the youth’s return to LDSS (See
Section 11.8.2).
 

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