Chap. 227.—An ACT to regulate certain child welfare agencies; and to that end
to provide a system of licensing such agencies, to prescribe the conditions upon
which such licenses may be issued, refused and revoked, to prescribe the powers
and duties of the State Board and the Commissioner of Public Welfare, and of
the said child welfare agencies, to provide for judicial appeals and other reme-
dies, to prescribe penalties, and to repeal Chapters 103 and 487 of the Acts of
the General Assembly of 1922, relating, respectively, to the regulation and

. licensing of certain child welfare agencies and children’s boarding houses and
nurseries. [H B 17]
Approved March 14, 1942

1. Be it enacted by the General Assembly of Virginia as follows:
Section 1. Definitions—As used inthis act: : :
“Commissioner” means the Commissioner of Public Welfare;
cH. 227] ACTS OF ASSEMBLY. 33L

“Board” means the State Board of Public Welfare ;

“Person” means any natural person, or any association, partnership
or corporation ;

“Child” means any natural person under fourteen y years of age;

“Foster home” means the place of residence of any natural person
in which any child, other than a child by birth or adoption of such a, PREM,
resides as a member of the household ;

“Child placing agency” means any person, who places, or obtains
the placement of, or who negotiates or acts as intermediary for the cel
ment of, any child in a foster home, except:

(1) the parent or guardian of the child,

(2) a State, county, or city agency or officer, or an Officer or agent
of a State, county or city agency, acting within the scope of his authority as
such, and

(3) an officer or agent of a licensed child placing agency ;

“Children’s home” means—(a) any institution, other than an insti-
tution of the State niaintained for the purpose of receiving children for
care and maintenance separated from their parents or guardians, except :

(1) a day nursery,

(2) a bona fide educational institution whose pupils, in the ordinary
course of events, return annually to the homes of their parents or Beattie
ians for not less than two months of summer vacation,

(3) an establishment required to be licensed as a summer camp
by chapter three hundred and three of the Acts of nineteen hundred and
forty, and

(4) a bona fide hospital legally maintained; or (b) any private
family home in which any child is received for care and maintenance
separated from its parents, except:

(1) aday nursery,

(2) a home required to be licensed as a summer camp by chapter
three hundred and three of the Acts of nineteen hundred and forty,

(3) a home in which are received children related by consanguinity
or affinity to the person who maintains such home, and legitimate children
of personal friends of such person, and no other child or children, and

(4) a home in which are received for care and maintenance de-
pendent, delinquent or neglected children, committed by a court of com-
petent jurisdiction, provided that children of not more than one family,
or 1f of more than one family not more than two such children, are cared
for and maintained in such home at any one time, and no. other child or
children ;

“Day nursery” means (a) any institution operated for the purpose
of providing care and maintenance to children separated from their
parents or guardian during a part of the day only, but not for any period
between the hours of seven P. M. and six A. M., except a public school
or other bona fide educational institution, and (b) any private family
home which provides care and maintenance to children under the same
conditions as those set out in clause (a), except a home in which such
care and. maintenance is provided for children related by consanguinity
or affinity to the person who maintains such home, and for children as
occasional bona fide personal guests, and for no other child or children;
an

“Child welfare agency’
home, or day nursery.

Section 2. Licenses required—(a) Every person who, after
January first, nineteen hundred and forty-three constitutes, or who oper-
ates or maintains, a child placing agency, children’s home, or day nursery,
other than a children’s home operated or maintained under the super-
vision of the State Board of Public Welfare or of a licensed child placing
agency or of a county or city board or department of public welfare, shall
obtain an appropriate license, from the Commissioner, which he shall
have renewed annually.

(b) The Commissioner shall provide for the issuance and annual
renewal of three categories of licenses, namely, (1) child placing agency
licenses, (2) children home licenses, and (3) day nursery hcenses. The
licenses: shall be issued on forms prescribed by the Commissioner. Any
two or more such licenses may be issued for concurrent operation to the
‘same person but each license shall be issued upon a separate form. Each
license and renewal thereof shall expire at the end of one year from the
date of its issuance or renewal, unless sooner revoked or surrendered.

Section 3. Issuance of licenses——(a) Each application for a
license, or for a renewal thereof, shall be made to the Commissioner, in
such form as he may prescribe. It shall contain a statement of the name
and address of the applicant, and, if it be an association, partnership or
corporation, the names and addresses of its officers and agents. It shall
also contain a description of the activities proposed to be engaged in and
the facilities and services to be employed, together with such other perti-
nent information as the Commissioner may require.

(b) Upon receipt of the application the Commissioner shall cause
an investigation to be made of the activities, services and facilities of the
applicant, of the applicant’s financial responsibility, and of his character
and reputation or, if the applicant be an association, partnership or cor-
poration, the character and reputation of its officers and agents. The ap-
plicant shall afford the representatives of the Commissioner required to
make the investigation reasonable opportunity to inspect all of the appli-
cant’s facilities, books and records, and to interview his or its agents and
employees and any child or other person within his or its custody or
control. , _

(c) Upon completion of such investigation, the Commissioner shall
issue an appropriate license to the applicant if such applicant has made
adequate provision for such activities, services and facilities as are
reasonably conducive to the welfare of the children over whom he or it
may have custody or control, if his or its financial responsibility is such
as to give reasonable assurance of the continued maintenance of such
activities, services and facilities, and if he, or the officers and agents of
the applicant if it be an association, partnership or corporation, 1s or are
of good character and reputation ; otherwise, the license shall be refused.
Immediately upon his taking final action, the Commissioner shall notify

the applicant of such action.

’

means a child placing agency, children’s
Section 4. Delay in granting licenses; provisional licenses.—(a)
‘n case the Commissioner fails to take final action upon an application for
| license within sixty days after the application is made, either by way
£ issuance or refusal, or fails within such time to notify the applicant
hereof, it shall be lawful for the applicant to engage in the operations or
ctivities for which the license is desired, until the Commissioner has
aken final action and notified the applicant thereof.

(b) The Commissioner may issue a provisional license to any
.pplicant for any period not to exceed six months, if the applicant is
emporarily unable to comply with all of the requirements of this act.
Such provisional license may be renewed, but no person or agency shall
ngage in any operation or activity for which a license is required under
ny such provisional license and renewals thereof for a longer period
than two successive years.

Section 5. Commissioner and Board to prescribe limitations and
standards.—(a) The Commissioner may prescribe reasonable limita-
ions upon the activities and services of any licensee, including limitations
relating to the race, sex, age, and number of children and other persons
to be maintained, cared for, or placed out, as the case may be, and to the
buildings and premises to be used, and reasonable standards for the
activities, services and facilities to be employed. Such limitations and
standards shall be specified in each license and renewal thereof.

(b) The Board shall prescribe general standards and policies for
the activities, services and facilities to be employed by persons and
agencies required to be licensed under this act, which standards shall be
designed to ensure that such activities, services and facilities are con-
ducive to the welfare of the children under the custody or control of
such persons or agencies. In determining the qualifications of any appli-
cant for a license, and in prescribing limitations and standards with
reference to any particular licensee, as provided in the preceding para-
graph, the Commissioner shall conform to and be guided by the general
standards and policies prescribed by the Board.

Section 6. Records and reports.—Every licensed child welfare
agency shall keep such records and make such reports to the Commissioner
as he may require. The forms to be used in the making of such reports
shall be prescribed and furnished by the Commissioner.

Section 7. Acceptance and control over children, et cetera—A
licensed child welfare agency shall have the right to accept, for any
purpose not contrary to the limitations contained in its license, such
persons under eighteen years of age as may be entrusted or committed
to it by the parents, guardians, relatives or other persons having legal
custody thereof, or committed by any court of competent jurisdiction
The agency shall, within the terms of its license and the agreement o1
order by which such person is entrusted or committed to its care, have
custody and control of every such person so entrusted or committed anc
accepted, until he is lawfully discharged, has been adopted, or has at:
tained his majority.

Section 8. Child placing agencies to supervise homes in whicl
children are placed by them.—(a) Any licensed child placing agency
may place, or negotiate and arrange for the placement of, persons undet
eighteen years of age in any licensed children’s home, and, unless it:
license contains a limitation to the contrary, a licensed child placing
agency may also place or arrange for the placement of such persons ir
any other suitable home.

(b) Before placing, or arranging for the placement of, any suck
person in a home which is not licensed as a children’s home, the agency
shall cause a careful study to be made to determine the suitability of suct
home, and after placement shall cause such home and person to be visited
as often as necessary to protect the interests of such person.

(c) Every child placing agency which places any person in a
children’s home which is not licensed, and not required to be licensed
under this act, shall maintain such supervision over such home as shall
be required by the standards and policies established by the Board.

Section 9. Agreements with persons taking a child.—E very child
placing agency shall, with respect to each person placed by it in a foster
home, enter into a written agreement with the head of such home, which
agreement shall provide that the authorized representatives of the agency
shall have access at all times to such person and to the home, and that the
head of the home will release custody of the person so placed to the
authorized representatives of the agency whenever, in the opinion of the
agency, or in the opinion of the Commissioner, the best interests of the
person so placed shall require it.

Section 10. Children from other states, et cetera——(a) Any child
placing agency which brings or sends, or causes to be brought or sent, a
non-resident child, or other person under eighteen years of age, into
Virginia for the purpose of placement in a foster home shall first obtain
the consent of the Commissioner, which shall be given in accordance
with the regulations prescribed by the Board. The agency shall also com-
ply with all the regulations of the Board relating to non-resident children
so brought or sent into the State.

(b) The Board is authorized to prescribe such regulations for the
bringing or sending of such children or persons into the State by child
placing agencies for the purpose of placement in foster homes, and for
the care, maintenance, supervision and control of all persons so brought
or sent into the State until they have been adopted, attained their ma-
jority, or have been otherwise lawfully discharged or released, as are
reasonably conducive to the welfare of such children and persons.

(c) The Board may require any agency so bringing or sending a
non-resident child, or person under eighteen years of age, into Virginia, to
enter into a written agreement with the Commissioner providing, among
other reasonable things, that the agency will remove the child or person
from the State, or cause him to be so removed, at the request of the
Commissioner made at any time prior to the adoption of such child or
person, or his marriage, or his attaining his majority. The Commissioner
nay require of any agency entering any such agreement a bond with
satisfactory surety in an amount not in excess of twenty-five hundred
lollars, conditioned upon the fulfillment of the agreement.
Section 11. Sending children out of the State—-(a) /iny cnud
lacing agency which takes or sends, or causes to be taken or sent, any
esident child, or other person under eighteen years of age, out of the
State for the purpose of placement in a foster home, shall first obtain the
‘consent of the Commissioner, given in accordance with the regulations
srescribed by the Board. The agency shall also comply with all of the
-egulations of the Board relating to resident children or other persons
ander eighteen years of age, so taken or sent out of the State.

(b) The Board is authorized to prescribe such regulations for the
aking or sending of such resident children and persons out of the State
oy child placing agencies for the purpose of placement in foster homes
as are reasonably conducive to the welfare of such children.

Section 12. Confidential records——(a) The records of all child
welfare agencies regarding persons received or placed out by them, and
the facts learned by them concerning such persons and their parents or
relatives, shall be confidential information, provided that the Commis-
sioner, the Board and their agents shall have access to such information,
that it shall be disclosed upon the proper order of any court, and that it
may be disclosed to any person having a legitimate interest in the place-
ment of any such person. It shall be unlawful for any officer, agent or
employee of any child welfare agency, for the Commissioner, the Board
or their agents or employees, and for any person who has held any
such position, and for any other person to whom any such information is
disclosed as hereinabove provided, to disclose, directly or indirectly, any
such confidential information, except as herein provided. Every violation
of this section shall constitute a misdemeanor and be punishable as such.

(b) Any person who has attained his majority, and who believes
that he has been placed out by a child placing agency, shall have the right
to demand and receive from the Commissioner, the Board, or any such
agency, such information as any of them may have concerning his own
parents or relatives.

Section 13. Inspections, et cetera—The Commissioner, the Board,
and their agents, shall have the right, at all reasonable times, to inspect
all of the facilities, books and records of every child welfare agency, and
to interview any agent or employee thereof or any person under its
custody, control, direction or supervision. Such agencies shall afford the
Commissioner, the Board and their agents every reasonable opportunity
and facility for such inspections and interviews.

Section 14. Removals.—Whenever any person placed out by a
child placing agency and still under its control or supervision is subject,
in the home in which he is placed, to unwholesome influences or to neglect
or mistreatment, or whenever the Commissioner shall so order, suck
agency shall cause the person to be removed from such home and shal.
make for him such other arrangements as may be approved by the
Commissioner.

Section 15. Revocation—The Commissioner may revoke or deny
the renewal of the license of any child welfare agency who violates any
provision of this act or fails to comply with the limitations and standard:
set forth in its license.
Section 16. Appeals—(a) Any child welfare agency to whon
the Commissioner refuses to issue or renew a license, or whose licens
has been revoked, as hereinabove provided, shall have the right of appea
to any court of record of the county or city in which the residence o:
principal office of such agency is located, provided that notice to institut.
such an appeal be served upon the Commissioner within thirty days afte:
the date upon which such agency receives notice of such refusal ot
revocation. ,

(b) The court, or judge thereof in vacation, may hear such ar
appeal after ten days notice to the Commissioner, which notice shall be
given in writing and served and returned in the manner prescribed by
section six thousand and forty-one of the Code of Virginia. After hear-
ing the evidence the Court shall render a decision upholding the refusa
or revocation, or ordering the issuance or reinstatement of the license ot
renewal thereof, according to the requirements of justice. In every suck
proceeding the Commissioner shall be named defendant. From the de.
cision of the trial court a petition for a writ or error shall lie in the
Supreme Court of Appeals at the suit of either party.

(c) An appeal, taken as provided in this section, shall operate to
stay any criminal prosecution for operation without a license and to
suspend the operation of any injunction against Operation without a
license, pending a final disposition of such appeal.

Section 17. Penalties —(a) Any person who operates or engages
in the activities of a child welfare agency without first obtaining a license
as required by this act, or after such license has been revoked or has
expired and not been renewed, and each officer, and each member of the
governing board, of any association or corporation which operates a child
welfare agency without obtaining such license or after such revocation
or expiration, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars,
or by imprisonment for not more than twelve months, or by both such
fine and imprisonment. Every day’s violation of this section shall consti-
tute a separate offense.

Section 18. Duty of Attorneys for the Commonwealth.—It shall
be the duty of the Attorney for the Commonwealth of every county and
city to prosecute all violations of this act.

Section 19. Injunctions—Any court of record, having chancery
jurisdiction in the county or city where the principal office of any child
welfare agency is located shall, at the suit of the Commissioner, have
jurisdiction to enjoin the operation of any child welfare agency operated
without a license required by this act.

Section 20. Duties of Commissioner and Board.—It shall be the
luty of the Commissioner to administer this act under administrative
‘ules and regulations which shall be prescribed by the Board.

2. Be it further enacted, That chapter one hundred and three, and
hapter four hundred and eighty-seven, of the Acts of the General
Assembly of nineteen hundred and twenty-two, approved, respectively,
mn February twenty-seventh and March twentv-seventh nineteen humdecd
and twenty-two, and relating, respectively, to the regulation and licensing
of certain child welfare agencies and children’s boarding houses and
nurseries, are repealed.