Kinship Rights

Five Actions for Supporting Students and Caregivers in Kinship/Grandfamilies Toolkit
December 10, 2024

From the Grandfamilies and Kinship Support Network, a national technical assistance center:

This toolkit contains five actions for K-12 school professionals and kinship service providers to better support students and caregivers in kinship/grandfamilies. The five actions each include specific steps and embedded tools to help children and their caregivers thrive in K-12 settings, and is a companion piece to Pathways to Success: K-12 Education Support for Kinship and Grandfamilies, the Generations United 2024 State of Grandfamilies & Kinship Care Report, which is available at www.gureport.org

  • Toolkit, Five Actions for Supporting Students and Caregivers in Kinship/Grandfamilies Toolkit

    Five Actions Toolkit


Virginia’s Kinship As Foster Care Prevention Program: 2024’s SB 39 and HB 27

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: 

  • The child is in the custody of a relative by a court order. 
  • The child’s parent or guardian voluntarily placed the child with a relative and has a written agreement with the local board of social services. 
  • The child demonstrates a strong attachment to the relative, and the relative has a strong commitment to caring for the child. 
  • The local department of social services has documented the need for the child’s placement with the relative, citing imminent risk of removal. 

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. 

  • PDF, Virginia’s Kinship As Foster Care Prevention Program: 2024’s SB 39 and HB 27

    Amendments to § 63.2-900.1 of the Code of Virginia


Federal letter to Special Education Directors on High Quality Education for Highly Mobile Children
November 10, 2022

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:

  1. Highly mobile children should have timely and expedited evaluations and eligibility determinations.
  2. Comparable services include services during the summer, such as Extended School Year (ESY) services.
  • PDF, Federal letter to Special Education Directors on High Quality Education for Highly Mobile Children


Kinship Caregiving Options: Considerations for Caregivers
December 30, 2021

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.

  • PDF, Kinship Caregiving Options: Considerations for Caregivers

    Report


Adoption and Transfer of Legal Custody for Children in Kinship Foster Care: Comparison Chart for Virginia

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.

  • PDF, Adoption and Transfer of Legal Custody for Children in Kinship Foster Care: Comparison Chart for Virginia


Introducing Kinship Care Primer video

From JFS Connecting Hearts, this  25 minute video reviews the basics of kinship care in Virginia, including Family First Act implementation.

  • Video, Introducing Kinship Care Primer video

    Video link


Ask An Expert: Grandparents Raising Grandchildren Family Issues

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.

  • Website, Ask An Expert: Grandparents Raising Grandchildren Family Issues

    Legal Issues column


Virginia Custody and Guardianship info from Commission on Youth

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.

  • PDF, Virginia Custody and Guardianship info from Commission on Youth

    Overview of Guardianship, Entrustment, and Kinship Arrangements in Virginia presentation to Commission

  • PDF, Virginia Custody and Guardianship info from Commission on Youth

    Legal Framework for Child Custody Cases presentation to Commission


Kinship Care: Know Your Rights as a Relative Caretaker

From Virginia Poverty Law Center, a review of kinship caregiver rights and benefits.

  • Document, Kinship Care: Know Your Rights as a Relative Caretaker


Raising and Working with Children and Youth in Foster Care or Living with Kin: Your Guide to Resources in Virginia

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, Raising and Working with Children and Youth in Foster Care or Living with Kin: Your Guide to Resources in Virginia

    Website resource

  • Document, Raising and Working with Children and Youth in Foster Care or Living with Kin: Your Guide to Resources in Virginia

    Flyer


Summary of Family First Prevention Act

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.

  • Website, Summary of Family First Prevention Act

    Summary by First Focus Campaign for Children


Virginia Code section regarding enrolling kinship children in school: Section § 22.1-3

Virginia Code section regarding enrolling kinship children in school: § 22.1-3. Persons to whom public schools shall be free.

  • PDF, Virginia Code section regarding enrolling kinship children in school:  Section § 22.1-3

    Virginia Code § 22.1-3

  • Website, Virginia Code section regarding enrolling kinship children in school:  Section § 22.1-3


Power of Attorneys: Introduction, from Legal Aid Justice Center

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.

  • Guide, Power of Attorneys: Introduction, from Legal Aid Justice Center

    Introduction to Powers of Attorney

  • Guide, Power of Attorneys: Introduction, from Legal Aid Justice Center

    Instructions for Power Of Attorney


Education for Immigrant Students and Children of Immigrants, from Legal Aid Justice Center
  • Guide, Education for Immigrant Students and Children of Immigrants, from Legal Aid Justice Center


National Resource Center for Diligent Recruitment

The National Resource Center for Diligent Recruitment, NRCDR website closed on September 29, 2017. The NRCDR website is not being maintained but resources on diligent recruitment remain available.

  • Website, National Resource Center for Diligent Recruitment


The Grandparent’s and Other Relative Caregiver’s Guide to Raising Children with Disabilities from the Children’s Defense Fund
  • Guide, The Grandparent’s and Other Relative Caregiver’s Guide to Raising Children with Disabilities from the Children’s Defense Fund


Children’s Defense Fund Guide to Resources for Kinship Families
  • Guide, Children’s Defense Fund Guide to Resources for Kinship Families


Kinship webpage from Child Welfare Information Gateway
  • Website, Kinship webpage from Child Welfare Information Gateway


Grandfamilies.org

Grandfamilies.org, a collaboration of Generations United, the American Bar Association Center for Children and the Law, and Casey Family Programs.

  • Website, Grandfamilies.org

    Grandfamilies

  • Website, Grandfamilies.org

    Generations United