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