{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1306.html"}],"law_id":77603,"edition_id":1,"section_id":77603,"structure_id":16254,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","history":"2021, Sp. Sess. I, c. 254.","full_text":"A\n\nThe State-Funded Kinship Guardianship Assistance program is established to facilitate placements with relatives and ensure permanency for children in foster care. Kinship guardianship assistance payments may include state-funded maintenance 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 has been in the custody of the local department for at least 90 days;3\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;4\n\nThe child has been consulted regarding the kinship guardianship if the child is 14 years of age or older;5\n\nThe requirements for a transfer of custody of the child to the prospective kinship guardian for the purpose of establishing eligibility for the State-Funded Kinship Guardianship Assistance program set forth in subsection A1 of § 16.1-282.1 have been met; and6\n\nThe child is not eligible for the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305.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 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\nA prospective kinship guardian is eligible for kinship guardianship assistance under the program if he:1\n\nCompletes the relative foster home approval process; or2\n\nQualifies for a waiver from one or more components of such process pursuant to Board regulations, completes a background check and has not been convicted of any barrier crime as outlined in 42 U.S.C. § 671(a)(20), and completes a home study in accordance with § 63.2-904.E\n\nIn order to receive payments pursuant to the Children’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 with 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; and2\n\nAssurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian.F\n\nFor purposes of this section, “relative” 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":278385,"text":"The State-Funded Kinship Guardianship Assistance program is established to facilitate placements with relatives and ensure permanency for children in foster care. Kinship guardianship assistance payments may include state-funded maintenance 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":278386,"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":278387,"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":278388,"text":"The child has been in the custody of the local department for at least 90 days;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":278389,"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;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":278390,"text":"The child has been consulted regarding the kinship guardianship if the child is 14 years of age or older;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":278391,"text":"The requirements for a transfer of custody of the child to the prospective kinship guardian for the purpose of establishing eligibility for the State-Funded Kinship Guardianship Assistance program set forth in subsection A1 of § 16.1-282.1 have been met; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":278392,"text":"The child is not eligible for the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":278393,"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 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":"B6","next_prefix":"D"},"9":{"id":278394,"text":"A prospective kinship guardian is eligible for kinship guardianship assistance under the program if he:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"10":{"id":278395,"text":"Completes the relative foster home approval process; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"11":{"id":278396,"text":"Qualifies for a waiver from one or more components of such process pursuant to Board regulations, completes a background check and has not been convicted of any barrier crime as outlined in 42 U.S.C. § 671(a)(20), and completes a home study in accordance with § 63.2-904.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"12":{"id":278397,"text":"In order to receive payments pursuant to the Children’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 with the Department and containing terms providing for the following:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"13":{"id":278398,"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; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"14":{"id":278399,"text":"Assurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"15":{"id":278400,"text":"For purposes of this section, “relative” 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1306\/","history_text":false,"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":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":57520,"section_number":"2.2-5200","catch_line":"Intent and purpose; definitions","order_by":null,"url":"\/2.2-5200\/"}],"permalink":{"id":271679,"object_type":"law","relational_id":77603,"identifier":"63.2-1306","token":"63.2\/III\/13\/63.2-1306","url":"\/63.2-1306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1306\/","token":"63.2\/III\/13\/63.2-1306","dublin_core":{"Title":"State-Funded Kinship Guardianship Assistance program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The State-Funded Kinship Guardianship Assistance program<\/span> is established to facilitate placements with relatives<\/span> and ensure permanency for children in foster care. Kinship guardianship assistance payments may include state-funded maintenance payments made pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A child<\/span> is eligible for kinship guardianship assistance under the program if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The 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 child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child<\/span> has been in the custody<\/span> of the local department<\/span> for at least 90 days; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The child<\/span> demonstrates a strong attachment<\/span> to the prospective kinship guardian<\/span>, and the prospective kinship guardian<\/span> has a strong commitment to caring permanently for the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The child<\/span> has been consulted regarding the kinship guardianship if the child<\/span> is 14 years of age or older; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The requirements for a transfer of custody<\/span> of the child<\/span> to the prospective kinship guardian<\/span> for the purpose of establishing eligibility for the State-Funded Kinship Guardianship Assistance program<\/span> set forth in subsection A1 of § 16.1-282.1<\/a> have been met; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The child<\/span> is not eligible for the Federal-Funded Kinship Guardianship Assistance program<\/span> set forth in § 63.2-1305<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a child<\/span> does not meet the eligibility criteria set forth in subsection B but has a sibling<\/span> who meets such criteria, the child<\/span> may be placed in the same kinship guardianship with his eligible sibling<\/span> if the local department<\/span> and kinship guardian<\/span> agree that such placement is appropriate. In such cases, kinship guardianship assistance may be paid on behalf of each sibling<\/span> so placed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A prospective kinship guardian<\/span> is eligible for kinship guardianship assistance under the program if he: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Completes the relative<\/span> foster home<\/span> approval process; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Qualifies for a waiver<\/span> from one or more components of such process pursuant to Board<\/span> regulations, completes a background check and has not been convicted of any barrier crime<\/span> as outlined in 42 U.S.C. § 671(a)(20), and completes a home study in accordance with § 63.2-904<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> to receive payments pursuant to the Children’s Services Act (\u00a7 2.2-5200<\/a> et seq.), the local department<\/span> and the prospective kinship guardian<\/span> of a child<\/span> who meets the requirements of subsection B shall enter into a written kinship guardianship assistance agreement with the Department and containing terms providing for the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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 kinship guardian<\/span>, on the basis of the circumstances of the kinship guardian<\/span> and the needs of the child<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Assurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section, “relative<\/span>” means an adult who is (i) related to the child<\/span> by blood, marriage, or adoption or (ii) fictive kin<\/span> of the child<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE-FUNDED KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM (\u00a7 63.2-1306)\n\nA. The State-Funded Kinship Guardianship Assistance program is established to\nfacilitate placements with relatives and ensure permanency for children in\nfoster care. Kinship guardianship assistance payments may include state-funded\nmaintenance payments made pursuant 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 has been in the custody of the local department for at least 90\n days;\n\n 3. 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;\n\n 4. The child has been consulted regarding the kinship guardianship if the\n child is 14 years of age or older;\n\n 5. The requirements for a transfer of custody of the child to the prospective\n kinship guardian for the purpose of establishing eligibility for the\n State-Funded Kinship Guardianship Assistance program set forth in subsection\n A1 of § 16.1-282.1 have been met; and\n\n 6. The child is not eligible for the Federal-Funded Kinship Guardianship\n Assistance program set forth in § 63.2-1305.\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 if the local department and\nkinship guardian agree that such placement is appropriate. In such cases,\nkinship guardianship assistance may be paid on behalf of each sibling so placed.\n\nD. A prospective kinship guardian is eligible for kinship guardianship\nassistance under the program if he:\n\n 1. Completes the relative foster home approval process; or\n\n 2. Qualifies for a waiver from one or more components of such process pursuant\n to Board regulations, completes a background check and has not been convicted\n of any barrier crime as outlined in 42 U.S.C. § 671(a)(20), and completes\n a home study in accordance with § 63.2-904.\n\nE. In order to receive payments pursuant to the Children’s Services Act\n(\u00a7 2.2-5200 et seq.), the local department and the prospective kinship guardian\nof a child who meets the requirements of subsection B shall enter into a written\nkinship guardianship assistance agreement with the Department and containing\nterms providing for the following:\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; and\n\n 2. Assurance that the agreement shall remain in effect without regard to the\n state of residency of the kinship guardian.\n\nF. For purposes of this section, “relative” 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: 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}}