1. A. A child caring institution, as provided for in subsection C of § 63.2-1737 of the Code of Virginia, is any facility, other than an institution operated by the state, a county, or a city, and maintained for the purpose of receiving children for full-time care, maintenance, protection, and guidance separated from their parents or guardians except:

   1. 1. A bona fide educational institution or boarding school whose pupils, in the ordinary course of events, return annually to the home of their parents or guardians for not less than two months of summer vacation;
   2. 2. An establishment required to be licensed as a summer camp; and
   3. 3. A bona fide hospital legally maintained as such.
2. B. A group home is a child caring institution operated by an individual other than in his private family home or by a corporation which does not exceed 12 children, including the group parents' own children.

3. C. An independent foster home is a private individual foster 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 legitimate children of personal friends of such person and (ii) a home in which are received a child or children committed under the provisions of, subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8 of the Code of Virginia.

   Any facility caring for more than 12 such children shall not be deemed an independent foster home.

   An independent foster home is subject to a different set of standards.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §IA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984; Volume 32, Issue 7, eff. January 15, 2016.