{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1305.html"}],"law_id":65696,"edition_id":1,"section_id":65696,"structure_id":16254,"section_number":"63.2-1305","catch_line":"Federal-Funded Kinship Guardianship Assistance program","history":"2018, cc. 769, 770; 2020, cc. 224, 366; 2021, Sp. Sess. I, c. 254.","full_text":"A\n\nThe Federal-Funded Kinship Guardianship Assistance program is established to facilitate placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. Kinship guardianship assistance payments may include Title IV-E maintenance payments, state-funded maintenance payments, and nonrecurring expense payments made pursuant to this section.B\n\nA child is eligible for kinship guardianship assistance under the program if:1\n\nThe child has been removed from his home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child;2\n\nThe child was eligible for foster care maintenance payments under 42 U.S.C. &#xA7; 672 or under state law while residing for at least six consecutive months in the home of the prospective kinship guardian;3\n\nBeing returned home or adopted is not an appropriate permanency option for the child;4\n\nThe child demonstrates a strong attachment to the prospective kinship guardian, and the prospective kinship guardian has a strong commitment to caring permanently for the child; and5\n\nThe child has been consulted regarding the kinship guardianship if the child is 14 years of age or older.C\n\nIf a child does not meet the eligibility criteria set forth in subsection B but has a sibling who meets such criteria, the child may be placed in the same kinship guardianship with his eligible sibling, in accordance with 42 U.S.C. &#xA7; 671(a)(31), if the local department and kinship guardian agree that such placement is appropriate. In such cases, kinship guardianship assistance may be paid on behalf of each sibling so placed.D\n\nIn order to receive payments under 42 U.S.C. \u00a7 674(a)(5) or pursuant to the Children&#8217;s Services Act (\u00a7 2.2-5200 et seq.), the local department and the prospective kinship guardian of a child who meets the requirements of subsection B shall enter into a written kinship guardianship assistance agreement negotiated by the Department and containing terms providing for the following:1\n\nThe amount of each kinship guardianship assistance payment, the manner in which such payments will be provided, and the manner in which such payments may be adjusted periodically, in consultation with the kinship guardian, on the basis of the circumstances of the kinship guardian and the needs of the child;2\n\nThe additional services or assistance, if any, for which the child and kinship guardian will be eligible under the agreement;3\n\nThe procedure by which the kinship guardian may apply for additional services as needed;4\n\nSubject to 42 U.S.C. &#xA7; 673(d)(1)(D), assurance that the local department shall pay the total cost of nonrecurring expenses associated with obtaining kinship guardianship of the child, to the extent that the total cost does not exceed $2,000; and5\n\nAssurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian.E\n\nA kinship guardianship assistance payment on behalf of a child pursuant to this section shall not exceed the foster care maintenance payment that would have been paid on behalf of the child had the child remained in a foster family home.F\n\nThe Board shall promulgate regulations for the Federal-Funded Kinship Guardianship Assistance program that are necessary to comply with Title IV-E requirements, including those set forth in 42 U.S.C. &#xA7; 673. The regulations may set forth qualifications for kinship guardians, the conditions under which a kinship guardianship may be established, the requirements for the development and amendment of a kinship guardianship assistance agreement, and the manner of payments on behalf of siblings placed in the same household.G\n\nFor purposes of this section, &#8220;relative&#8221; means an adult who is (i) related to the child by blood, marriage, or adoption or (ii) fictive kin of the child.","order_by":null,"text":{"0":{"id":238776,"text":"The Federal-Funded Kinship Guardianship Assistance program is established to facilitate placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. Kinship guardianship assistance payments may include Title IV-E maintenance payments, state-funded maintenance payments, and nonrecurring expense payments made pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238777,"text":"A child is eligible for kinship guardianship assistance under the program if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":238778,"text":"The child has been removed from his home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":238779,"text":"The child was eligible for foster care maintenance payments under 42 U.S.C. &#xA7; 672 or under state law while residing for at least six consecutive months in the home of the prospective kinship guardian;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":238780,"text":"Being returned home or adopted is not an appropriate permanency option for the child;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":238781,"text":"The child demonstrates a strong attachment to the prospective kinship guardian, and the prospective kinship guardian has a strong commitment to caring permanently for the child; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":238782,"text":"The child has been consulted regarding the kinship guardianship if the child is 14 years of age or older.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":238783,"text":"If a child does not meet the eligibility criteria set forth in subsection B but has a sibling who meets such criteria, the child may be placed in the same kinship guardianship with his eligible sibling, in accordance with 42 U.S.C. &#xA7; 671(a)(31), if the local department and kinship guardian agree that such placement is appropriate. In such cases, kinship guardianship assistance may be paid on behalf of each sibling so placed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":238784,"text":"In order to receive payments under 42 U.S.C. \u00a7 674(a)(5) or pursuant to the Children&#8217;s Services Act (\u00a7 2.2-5200 et seq.), the local department and the prospective kinship guardian of a child who meets the requirements of subsection B shall enter into a written kinship guardianship assistance agreement negotiated by the Department and containing terms providing for the following:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"9":{"id":238785,"text":"The amount of each kinship guardianship assistance payment, the manner in which such payments will be provided, and the manner in which such payments may be adjusted periodically, in consultation with the kinship guardian, on the basis of the circumstances of the kinship guardian and the needs of the child;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"10":{"id":238786,"text":"The additional services or assistance, if any, for which the child and kinship guardian will be eligible under the agreement;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"11":{"id":238787,"text":"The procedure by which the kinship guardian may apply for additional services as needed;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"12":{"id":238788,"text":"Subject to 42 U.S.C. &#xA7; 673(d)(1)(D), assurance that the local department shall pay the total cost of nonrecurring expenses associated with obtaining kinship guardianship of the child, to the extent that the total cost does not exceed $2,000; and","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"13":{"id":238789,"text":"Assurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"14":{"id":238790,"text":"A kinship guardianship assistance payment on behalf of a child pursuant to this section shall not exceed the foster care maintenance payment that would have been paid on behalf of the child had the child remained in a foster family home.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5","next_prefix":"F"},"15":{"id":238791,"text":"The Board shall promulgate regulations for the Federal-Funded Kinship Guardianship Assistance program that are necessary to comply with Title IV-E requirements, including those set forth in 42 U.S.C. &#xA7; 673. The regulations may set forth qualifications for kinship guardians, the conditions under which a kinship guardianship may be established, the requirements for the development and amendment of a kinship guardianship assistance agreement, and the manner of payments on behalf of siblings placed in the same household.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"16":{"id":238792,"text":"For purposes of this section, &#8220;relative&#8221; means an adult who is (i) related to the child by blood, marriage, or adoption or (ii) fictive kin of the child.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16254,"edition_id":1,"name":"Adoption Assistance for Children with Special Needs","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 04:11:19","date_modified":"2026-06-26 04:11:19","permalink":{"id":271653,"object_type":"structure","relational_id":16254,"identifier":"13","token":"63.2\/III\/13","url":"\/63.2\/III\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77476,"structure_id":16254,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","url":"\/63.2-1300\/","token":"63.2\/III\/13\/63.2-1300","metadata":false},{"id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","metadata":false},{"id":76743,"structure_id":16254,"section_number":"63.2-1302","catch_line":"Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements","url":"\/63.2-1302\/","token":"63.2\/III\/13\/63.2-1302","metadata":false},{"id":83314,"structure_id":16254,"section_number":"63.2-1303","catch_line":"Application for adoption assistance payments","url":"\/63.2-1303\/","token":"63.2\/III\/13\/63.2-1303","metadata":false},{"id":68665,"structure_id":16254,"section_number":"63.2-1304","catch_line":"Appeal to Commissioner regarding adoption assistance","url":"\/63.2-1304\/","token":"63.2\/III\/13\/63.2-1304","metadata":false},{"id":65696,"structure_id":16254,"section_number":"63.2-1305","catch_line":"Federal-Funded Kinship Guardianship Assistance program","url":"\/63.2-1305\/","token":"63.2\/III\/13\/63.2-1305","metadata":false},{"id":77603,"structure_id":16254,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","url":"\/63.2-1306\/","token":"63.2\/III\/13\/63.2-1306","metadata":false}],"previous_section":{"id":68665,"structure_id":16254,"section_number":"63.2-1304","catch_line":"Appeal to Commissioner regarding adoption assistance","url":"\/63.2-1304\/","token":"63.2\/III\/13\/63.2-1304","metadata":false},"next_section":{"id":77603,"structure_id":16254,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","url":"\/63.2-1306\/","token":"63.2\/III\/13\/63.2-1306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1305\/","history_text":"<p>This law was first created in 2018. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0769\">769<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0770\">770<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0224\">224<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0366\">366<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":72819,"section_number":"63.2-905","catch_line":"Foster care services","order_by":null,"url":"\/63.2-905\/"},{"id":80427,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","order_by":null,"url":"\/63.2-906\/"}],"refers_to":[{"id":57520,"section_number":"2.2-5200","catch_line":"Intent and purpose; definitions","order_by":null,"url":"\/2.2-5200\/"}],"permalink":{"id":271675,"object_type":"law","relational_id":65696,"identifier":"63.2-1305","token":"63.2\/III\/13\/63.2-1305","url":"\/63.2-1305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1305\/","token":"63.2\/III\/13\/63.2-1305","dublin_core":{"Title":"Federal-Funded Kinship Guardianship Assistance program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Federal-Funded Kinship Guardianship Assistance program<\/span> is established to facilitate placements with <span class=\"dictionary\">relatives<\/span> and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. Kinship guardianship assistance payments may include Title IV-E maintenance payments, state-funded maintenance payments, and nonrecurring expense payments made pursuant to this section. <a id=\"paragraph-238776\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A <span class=\"dictionary\">child<\/span> is eligible for kinship guardianship assistance under the program if: <a id=\"paragraph-238777\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">child<\/span> has been removed from his home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the <span class=\"dictionary\">child<\/span>; <a id=\"paragraph-238778\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">child<\/span> was eligible for foster care maintenance payments under 42 U.S.C. &#xA7; 672 or under state <span class=\"dictionary\">law<\/span> while residing for at least six consecutive months in the home of the prospective <span class=\"dictionary\">kinship guardian<\/span>; <a id=\"paragraph-238779\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Being returned home or adopted is not an appropriate permanency option for the <span class=\"dictionary\">child<\/span>; <a id=\"paragraph-238780\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">child<\/span> demonstrates a strong <span class=\"dictionary\">attachment<\/span> to the prospective <span class=\"dictionary\">kinship guardian<\/span>, and the prospective <span class=\"dictionary\">kinship guardian<\/span> has a strong commitment to caring permanently for the <span class=\"dictionary\">child<\/span>; and <a id=\"paragraph-238781\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The <span class=\"dictionary\">child<\/span> has been consulted regarding the kinship guardianship if the <span class=\"dictionary\">child<\/span> is 14 years of age or older. <a id=\"paragraph-238782\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If a <span class=\"dictionary\">child<\/span> does not meet the eligibility criteria set forth in subsection B but has a <span class=\"dictionary\">sibling<\/span> who meets such criteria, the <span class=\"dictionary\">child<\/span> may be placed in the same kinship guardianship with his eligible <span class=\"dictionary\">sibling<\/span>, in accordance with 42 U.S.C. &#xA7; 671(a)(31), if the <span class=\"dictionary\">local department<\/span> and <span class=\"dictionary\">kinship guardian<\/span> agree that such placement is appropriate. In such cases, kinship guardianship assistance may be paid on behalf of each <span class=\"dictionary\">sibling<\/span> so placed. <a id=\"paragraph-238783\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> In <span class=\"dictionary\">order<\/span> to receive payments under 42 U.S.C. \u00a7&nbsp;674(a)(5) or pursuant to the Children&#8217;s Services Act (\u00a7&nbsp;<a class=\"law\" title=\"Intent and purpose; definitions\" href=\"\/2.2-5200\/\">2.2-5200<\/a> et seq.), the <span class=\"dictionary\">local department<\/span> and the prospective <span class=\"dictionary\">kinship guardian<\/span> of a <span class=\"dictionary\">child<\/span> who meets the requirements of subsection B shall enter into a written kinship guardianship assistance agreement negotiated by the Department and containing terms providing for the following: <a id=\"paragraph-238784\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The amount of each kinship guardianship assistance payment, the manner in which such payments will be provided, and the manner in which such payments may be adjusted periodically, in consultation with the <span class=\"dictionary\">kinship guardian<\/span>, on the basis of the circumstances of the <span class=\"dictionary\">kinship guardian<\/span> and the needs of the <span class=\"dictionary\">child<\/span>; <a id=\"paragraph-238785\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The additional services or assistance, if any, for which the <span class=\"dictionary\">child<\/span> and <span class=\"dictionary\">kinship guardian<\/span> will be eligible under the agreement; <a id=\"paragraph-238786\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The procedure by which the <span class=\"dictionary\">kinship guardian<\/span> may apply for additional services as needed; <a id=\"paragraph-238787\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Subject to 42 U.S.C. &#xA7; 673(d)(1)(D), assurance that the <span class=\"dictionary\">local department<\/span> shall pay the total cost of nonrecurring expenses associated with obtaining kinship guardianship of the <span class=\"dictionary\">child<\/span>, to the extent that the total cost does not exceed $2,000; and <a id=\"paragraph-238788\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Assurance that the agreement shall remain in effect without regard to the state of residency of the <span class=\"dictionary\">kinship guardian<\/span>. <a id=\"paragraph-238789\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#D5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A kinship guardianship assistance payment on behalf of a <span class=\"dictionary\">child<\/span> pursuant to this section shall not exceed the foster care maintenance payment that would have been paid on behalf of the <span class=\"dictionary\">child<\/span> had the <span class=\"dictionary\">child<\/span> remained in a foster family home. <a id=\"paragraph-238790\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">Board<\/span> shall promulgate regulations for the <span class=\"dictionary\">Federal-Funded Kinship Guardianship Assistance program<\/span> that are necessary to comply with Title IV-E requirements, including those set forth in 42 U.S.C. &#xA7; 673. The regulations may set forth qualifications for <span class=\"dictionary\">kinship guardians<\/span>, the conditions under which a kinship guardianship may be established, the requirements for the development and amendment of a kinship guardianship assistance agreement, and the manner of payments on behalf of <span class=\"dictionary\">siblings<\/span> placed in the same household. <a id=\"paragraph-238791\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> For purposes of this section, &#8220;<span class=\"dictionary\">relative<\/span>&#8221; means an adult who is (i) related to the <span class=\"dictionary\">child<\/span> by blood, marriage, or adoption or (ii) <span class=\"dictionary\">fictive kin<\/span> of the <span class=\"dictionary\">child<\/span>. <a id=\"paragraph-238792\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1305\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFEDERAL-FUNDED KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM (\u00a7 63.2-1305)\n\nA. The Federal-Funded Kinship Guardianship Assistance program is established to\nfacilitate placements with relatives and ensure permanency for children for whom\nadoption or being returned home are not appropriate permanency options. Kinship\nguardianship assistance payments may include Title IV-E maintenance payments,\nstate-funded maintenance payments, and nonrecurring expense payments made\npursuant to this section.\n\nB. A child is eligible for kinship guardianship assistance under the program if:\n\n   1. The child has been removed from his home pursuant to a voluntary placement\n   agreement or as a result of a judicial determination that continuation in the\n   home would be contrary to the welfare of the child;\n\n   2. The child was eligible for foster care maintenance payments under 42 U.S.C.\n   &#xA7; 672 or under state law while residing for at least six consecutive\n   months in the home of the prospective kinship guardian;\n\n   3. Being returned home or adopted is not an appropriate permanency option for\n   the child;\n\n   4. The child demonstrates a strong attachment to the prospective kinship\n   guardian, and the prospective kinship guardian has a strong commitment to\n   caring permanently for the child; and\n\n   5. The child has been consulted regarding the kinship guardianship if the\n   child is 14 years of age or older.\n\nC. If a child does not meet the eligibility criteria set forth in subsection B\nbut has a sibling who meets such criteria, the child may be placed in the same\nkinship guardianship with his eligible sibling, in accordance with 42 U.S.C.\n&#xA7; 671(a)(31), if the local department and kinship guardian agree that such\nplacement is appropriate. In such cases, kinship guardianship assistance may be\npaid on behalf of each sibling so placed.\n\nD. In order to receive payments under 42 U.S.C. \u00a7 674(a)(5) or pursuant to the\nChildren&#8217;s Services Act (\u00a7 2.2-5200 et seq.), the local department and\nthe prospective kinship guardian of a child who meets the requirements of\nsubsection B shall enter into a written kinship guardianship assistance\nagreement negotiated by the Department and containing terms providing for the\nfollowing:\n\n   1. The amount of each kinship guardianship assistance payment, the manner in\n   which such payments will be provided, and the manner in which such payments\n   may be adjusted periodically, in consultation with the kinship guardian, on\n   the basis of the circumstances of the kinship guardian and the needs of the\n   child;\n\n   2. The additional services or assistance, if any, for which the child and\n   kinship guardian will be eligible under the agreement;\n\n   3. The procedure by which the kinship guardian may apply for additional\n   services as needed;\n\n   4. Subject to 42 U.S.C. &#xA7; 673(d)(1)(D), assurance that the local\n   department shall pay the total cost of nonrecurring expenses associated with\n   obtaining kinship guardianship of the child, to the extent that the total cost\n   does not exceed $2,000; and\n\n   5. Assurance that the agreement shall remain in effect without regard to the\n   state of residency of the kinship guardian.\n\nE. A kinship guardianship assistance payment on behalf of a child pursuant to\nthis section shall not exceed the foster care maintenance payment that would\nhave been paid on behalf of the child had the child remained in a foster family\nhome.\n\nF. The Board shall promulgate regulations for the Federal-Funded Kinship\nGuardianship Assistance program that are necessary to comply with Title IV-E\nrequirements, including those set forth in 42 U.S.C. &#xA7; 673. The regulations\nmay set forth qualifications for kinship guardians, the conditions under which a\nkinship guardianship may be established, the requirements for the development\nand amendment of a kinship guardianship assistance agreement, and the manner of\npayments on behalf of siblings placed in the same household.\n\nG. For purposes of this section, &#8220;relative&#8221; means an adult who is\n(i) related to the child by blood, marriage, or adoption or (ii) fictive kin of\nthe child.\n\nHISTORY: 2018, cc. 769, 770; 2020, cc. 224, 366; 2021, Sp. Sess. I, c. 254.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}