CHAPTER 585

An Act to amend and reenact §§ 63-232, 63-233, 68-234, 63-235, 63-237,
63-239, 63-241 as amended, of the Code of Virginia, relating to defini-
tions of, applications for licensing of, and standards for child welfare
homes, agencies and institutions and the acceptance and control over
children by such agencies.

[H 409]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 63-232, 63-238, 63-234, 63-235, 63-237, 63-239, 63-241 as
amended, of the Code of Virginia be amended and reenacted as follows:

§ 63-232. Definitions.—As used in this chapter:

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

“Child” means any natural person under * eighteen 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 person,
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 placement
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;

* “Child caring imstitution” means—(a) Any institution, other than
an institution * operated by the State, a county or city, and maintained for
the purpose of receiving children for fuil-time care, * maintenance, pro-
tection and guidance separated from their parents or guardians, except:

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

(3) An establishment required to be licensed as a summer camp by
§§ 35-43 to 35-53: and

(4) A bona fide hospital legally maintained, as such. *

“Independent Foster Home” 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 (1 ) a home in which are received only
children related by birth or adoption of the person who maintains such
home and legitimate children of personal friends of such person and (2)
a home in which are received a child or children committed under the
provisions of § 16.1-178 (2) or (414).

“Child care center” means (a) any * facility operated for the purpose
of providing care, protection and guidance * to a group of children sep-
arated from their parents or guardian during a part of the day only *
except (1) a facility required to be licensed as a summer camp under
S§ 35-48 through 35-53; (2) a public school or bona fRde educational in-
stitution; and (3) a school operated primarily for the ediucational instruc-
tion of children from three to five years of age at which children three or
four years of age do not attend in excess of four hours per day and chil-
aren five years of age do not attend in excess of six and one-half hours
per day.
“Child welfare agency’ means a child placing agency, * child caring
institution, independent foster home, child care center or family day care
home.

“Family day care home’ means any private family homes in which a
child or children are received for care, protection and guidance during
only a part of the twenty-four hour day, except children who are related
by blood or marriage to the person who maintains the home.

§ 63-233. Licenses required.—(a) Every person who constitutes,
or who operates or maintains, a child placing agency, child caring institu-
tion, independent foster home, child care center or family day care home,
* other than a child caring institution * operated or maintained under the
supervision of the Department or of a licensed child placing agency or of a
county or city board or department of public welfare, or a licensed child
placing agency, 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 * five categories of licenses, namely, (1) child placing agency
licenses, (2) * child caring institution licenses, (3) independent foster
home licenses, (4) child care center licenses and (5) family day care home
licenses. The licenses shall be issued on forms prescribed by the Commis-
sioner. Any two or more such licenses may be issued for concurrent opera-
tion 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 sur-
rendered.

(c) Such licenses shall be posted in a conspicuous place on the l-
censed premises.

§ 63-234. Form and requisites of application for license-——Each ap-
plication for a license, or for a renewal thereof, shall be made to the Com-
missioner, in such form as he may prescribe. It shall contain a statement
of the name and address of the applicant, and, if the applicant be an
association, partnership or corporation, the names and addresses of its
officers and agents. The application 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 pertinent information as the Com-
missioner may require. The Commissioner or his designated agents shall,
upon request, consult with, advise and assist any person interested in
securing any license prescribed in § 63-233.

§ 63-235. Investigation on receipt of application—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 corporation, the character and
reputation of its officers and agents. If such application is not complete in
every respect or if it is not in the form prescribed by the Commissioner,
the investigation may nevertheless be commenced immediately and such
investigation so commenced shall not affect the time limitation imposed
upon the Commissioner in § 63-237. The applicant shall afford the repre-
sentatives of the Commissioner required to make the investigation reason-
able opportunity to inspect all of the applicant’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.

§ 63-237. Delay in acting on application, or in notification.—In case
the Commissioner fails to take final action upon an application for a license
within sixty days after the application is made, either by way of issuance
or refusal, or fails within such time to notify the applicant thereof, it shall
be lawful for the applicant to engage in the operations or activities for
which the license is desired, until the Commissioner has taken final action
and notified the applicant thereof. Provided, however, that no applicatton
shall be deemed made until all the required information is submitted in
the form prescribed by the Commissioner.

§ 63-289. Commissioner and State Board to prescribe limitations
and standards.—(a) The Commissioner may prescribe reasonable limita-
tions upon the activities and services of any licensee, including limitations
relating to the * 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 build-
ings 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 State 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 chapter, 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 applicant
for a license, and in prescribing limitations and standards with reference
to any particular licensee, as provided in the preceding paragraph, the
Commissioner shall conform to and be guided by the general standards and
policies prescribed by the State Board.

§ 63-241. Acceptance and control over children.—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 or order by which such person
is entrusted or committed to its care, have custody and control of every
such person so entrusted or committed and accepted, until he is lawfully
discharged, has been adopted, or has attained his majority.

A licensed child placing agency may place for adoption, and is em-
powered to consent to the adoption of, any child who is properly com-
mitted or entrusted to its care when the order of commitment or the
entrustment agreement between the parent or parents and the agency
provides for the permanent separation of such child from his parent or
parents.

For the purposes of this section, a parent who 1s less than twenty-one
years of age shall be deemed fully competent and shall have legal capacity
to execute a valid entrustment agreement, including an agreement which
provides for permanent separation of the child from such parent, and
shall be as fully bound thereby as if such parent had attained the age of
twenty-one years.