During the 2024 General Assembly, Senate Bill 39, introduced by Senator Favola and House Bill 27, introduced by Delegate Callsen, focused on increasing foster care prevention through kinship placements. The bills were passed and signed into law by the Governor on May 21, 2024.
The legislation offers protections for both the child and their family, reinforcing the goal of reunification.
This summary is based on information from Voices of Virginia’s Children.
Eligibility Criteria:
The proposed legislation outlines specific criteria for a child to be considered eligible for the foster care prevention program:
Key Provisions:
Once a child is deemed eligible, the local Department of Social Services and the relative with custody will enter into a written agreement. This agreement includes provisions for financial assistance under the Foster Care Prevention Program and may also include ongoing case management services, ensuring comprehensive support for kinship caregivers.
The local board is mandated to identify and provide necessary services and support for the child, the relative, and the child’s parent or guardian. Importantly, the legislation emphasizes due process, informing parents or guardians of their right to seek legal counsel before entering into the agreement.
Additional provisions in the agreement cover visitation arrangements, requirements for the child’s parent or guardian to meet for reunification, and safety plans in case of the child’s return home. The agreement is time-limited to an initial period up to 90 days, and provisions for extension, emphasizing the need for accountability and periodic review.
Amendments to § 63.2-900.1 of the Code of Virginia
From the Virginia Department of Aging and Rehabilitative Services, this guide offers Virginia-specific guidance and links to services and supports for kinship care families.
A program of the Virginia Department of Aging and Rehabilitative Services (DARS):
As of February 2024, this program is available to kinship/relative caregivers.
The Virginia Lifespan Respite Voucher Program (VLRVP) provides reimbursement vouchers to Virginia caregivers for the cost of temporary, short-term respite care provided to individuals of any age.
The goal of this program is to increase access and reduce barriers to respite care, as well as enhance education and awareness about respite care. Respite funding is limited to $595.00 per family through June 30, 2026, or until funds are exhausted. This program prohibits the use of these funds for rent, cleaning, medical supplies, food, or other household expenditures. Due to its limited funding, not all eligible applicants will be approved.
Virginia Lifespan Respite Voucher program DARS webpage
Fillable applications for the Lifespan Respite Voucher Program
Voucher Program Flyer Feb 2024
From the Virginia Department of Social Services, this guide overviews options for relatives and close family friends of children in foster care. Legal and financial implications of each option are reviewed. Includes links to other kinship care resources.
Kinship Care Guide
This federal letter from the US Office of Special Education and Rehabilitative Services issued 11/10/22 to State Special Education Directors clarifies requirements for highly mobile children and youth such as military-connected children, migratory children, children who are homeless, and children in the foster care system.
Specific issues addressed are:
Kinship Caregiving Options: Considerations for Caregivers was developed in partnership with the ABA Center on Children and the Law, Children’s Defense Fund, and Generations United, with support from Casey Family Programs. The publication provides a broad, national overview of choices that may be available to caregivers, along with related considerations, to help caregivers make more informed decisions about pathways to pursue.
Report
From Generations United, updated in 2021.
This chart is designed to help kinship foster parents compare adoption and transfer of legal custody as two options that kin caregivers and the children in their care can pursue to exit foster care and create permanent families. In Virginia, children can exit foster care with their kin caregiver through adoption or transfer of legal custody.
This white paper explores current barriers, evidence for the benefits of kinship care, historical information on the foster care system, best practices and principles, and highlights the kinship work currently being done at UMFS. It addresses Virginia-specific barriers to kinship care.
From JFS Connecting Hearts, this 25 minute video reviews the basics of kinship care in Virginia, including Family First Act implementation.
Video link
A column from Heidi Redlich Epstein, director of Kinship Policy and director of State Projects at the American Bar Association Center on Children and the Law.
Legal Issues column
Funded by Va Department of Social Services, the Northern Post Adoption Regional Consortium offers case management, crisis supports, training, and other services for post-adoptive families. It is a partnership between The Center for Adoption Support and Education (C.A.S.E.), enCircle, Children’s Home Society and NACAC to offer post adoption services and supports.
All families who have finalized adoptions of children ages birth through 18 years and reside in Virginia are eligible for services at no cost. This includes families that have adopted domestically, internationally and through foster care.
Consortium Flyer for families
Consortium Flyer for professionals
Website
Shared in June 2020, these presentations to the Virginia Commission on Youth cover legal and technical provisions for child custody cases in Virginia as well as Guardianship, Entrustment, and Kinship Arrangements in Virginia.
Overview of Guardianship, Entrustment, and Kinship Arrangements in Virginia presentation to Commission
Legal Framework for Child Custody Cases presentation to Commission
From Virginia Poverty Law Center, a review of kinship caregiver rights and benefits.
This one pager from the new Northern Virginia Family Network (NVFN) designed for professional staff who work with families and youth. It offers some brief, straightforward suggestions and reminders about effectively communicating and building partnerships with families who are in need of education, mental health, disability and other services and supports.
Members of the NVFN are found on the back of the flyer.
This Guide from Virginia Family Special Education Connection offers families and professionals links to state- and local-specific resources for enrolling students, education, medical care, mental health, transitioning students to post-secondary settings, courts, and other areas.
Updated Summer 2023
Website resource
Flyer
Signed into law in February 2018, the Family First Prevention Act reforms child welfare funding streams and focuses on prevention supports for families “at risk” of foster care, and adds supports for kinship navigation and other kinship initiatives.
Summary by First Focus Campaign for Children
Virginia Code section regarding enrolling kinship children in school: § 22.1-3. Persons to whom public schools shall be free.
Virginia Code § 22.1-3
Kinship Care and School Enrollment in Virginia, report for the Virginia Commission on Youth.
Introduction to Power of Attorney including answering what is a Power of Attorney, what are the benefits of executing (completing and signing) a Power of Attorney.
Instructions for Power Of Attorney including steps for the agent to perform.
Introduction to Powers of Attorney
Instructions for Power Of Attorney