An independent foster home as defined by §63.1-195 of the Code of Virginia means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person and (ii) a home in which is received a child or children committed under the provisions of subdivision four of §16.1-278.2, subdivision six of §16.1-278.4, or subdivision 13 of §16.1-278.8.
The subdivisions referenced in the Code refer to the placement decisions for children by local boards of social services or a public agency designated by the community policy and management team, the court transfer of legal custody from the parent to another individual or agency, and to the courts disposition of delinquent juveniles. Individuals receiving children under these provisions are not subject to licensure.
Licensed independent foster homes function independently of both local departments of social services and licensed private child-placing agencies. Licensed independent foster homes have the legal authority (through a temporary entrustment agreement) to accept children directly from parents or legal guardians. Independent foster parents are also required to have the entrustment agreement approved by the local juvenile court if the child will remain in the IFH 90 days or longer and must also file a service plan with the court in certain situations.
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