{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-900.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-900.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-900.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-900.1.html"}],"law_id":64851,"edition_id":1,"section_id":64851,"structure_id":14390,"section_number":"63.2-900.1","catch_line":"Kinship foster care","history":"2006, c. 360; 2012, c. 568; 2014, c. 257; 2016, c. 25; 2019, cc. 437, 438, 446; 2020, cc. 224, 366, 562; 2022, cc. 561, 562; 2024, cc. 629, 662.","full_text":"A\n\nWhen placing a child, the local board shall first consider placement with a kinship foster parent.B\n\nThe local board shall, in accordance with regulations adopted by the Board, determine whether the child has any relative who may be eligible to become a kinship foster parent. Searches for relatives eligible to serve as kinship foster parents shall be conducted at the time the child enters foster care, at least annually thereafter, and prior to any subsequent changes to the child’s placement setting. The local board shall take all reasonable steps to provide notice to such relatives of their potential eligibility to become kinship foster parents and explain any opportunities such relatives may have to participate in the placement and care of the child, including opportunities available through kinship foster care or kinship guardianship.\n\t\t\tIf a relative requests to become the child’s kinship foster parent, the local board shall provide the relative with any forms or materials that must be submitted in order to become a kinship foster parent within no more than 15 days of such request. If the relative’s request to become a kinship foster parent is denied, the local board shall provide to the relative (i) a clear and specific explanation of the reasons for such denial, (ii) a statement that such denial is appealable pursuant to § 63.2-915, and (iii) information regarding the procedure for filing such appeal.C\n\n(Effective January 1, 2025) If a local board does not place a child with an approved kinship foster parent, the local board shall file an exception report with the Commissioner within 72 hours of placement. For the purposes of this section, an exception report is defined as a report that has been approved by a director of a local department prior to placing a child in a non-kinship foster care placement and documents all known relatives and fictive kin of the child, all efforts of the local board to locate relatives and fictive kin of the child, and the reasons why the child was not placed with relatives.D\n\nKinship foster care placements pursuant to this section shall be subject to all requirements of, and shall be eligible for all services related to, foster care placement contained in this chapter. Subject to approval by the Commissioner, a local board may grant a waiver of the Board’s standards for foster home approval, set forth in regulations, that are not related to safety. Training requirements may be waived for purposes of initial approval; however, such training requirements shall be completed within six months of the initial approval. If a local board determines that training requirements are a barrier to placement with a kinship foster parent and that placement with such kinship foster parent is in the child’s best interest, the local board shall submit a waiver request to the Commissioner. Waivers granted pursuant to this subsection shall be considered and, if appropriate, granted on a case-by-case basis and shall include consideration of the unique needs of each child to be placed. Upon request by a local board, the Commissioner shall review the local board’s decision and reasoning to grant a waiver and shall verify that the foster home approval standard being waived is not related to safety. If the Commissioner grants the waiver and allows approval of the home in accordance with Board regulations, the child may be placed in the home immediately. The approval or disapproval by the Commissioner of the local board’s waiver shall not be considered a case decision as defined in § 2.2-4001.E\n\nThe kinship foster parent shall be eligible to receive payment at the full foster care rate for the care of the child.F\n\nDuring the process of determining whether a person should be approved as a kinship foster parent, a local board shall not require that the child be removed from the physical custody of the kinship foster parent who is the subject of such approval process, provided the placement remains in the child’s best interest.G\n\nA child placed in kinship foster care pursuant to this section shall not be removed from the physical custody of the kinship foster parent, provided that the child has been living with the kinship foster parent for six consecutive months and the placement continues to meet approval standards for foster care, unless (i) the kinship foster parent consents to the removal; (ii) removal is agreed upon at a family partnership meeting as defined by the Department; (iii) removal is ordered by a court of competent jurisdiction; or (iv) removal is warranted pursuant to § 63.2-1517.H\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":236009,"text":"When placing a child, the local board shall first consider placement with a kinship foster parent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":236010,"text":"The local board shall, in accordance with regulations adopted by the Board, determine whether the child has any relative who may be eligible to become a kinship foster parent. Searches for relatives eligible to serve as kinship foster parents shall be conducted at the time the child enters foster care, at least annually thereafter, and prior to any subsequent changes to the child’s placement setting. The local board shall take all reasonable steps to provide notice to such relatives of their potential eligibility to become kinship foster parents and explain any opportunities such relatives may have to participate in the placement and care of the child, including opportunities available through kinship foster care or kinship guardianship.\n\t\t\tIf a relative requests to become the child’s kinship foster parent, the local board shall provide the relative with any forms or materials that must be submitted in order to become a kinship foster parent within no more than 15 days of such request. If the relative’s request to become a kinship foster parent is denied, the local board shall provide to the relative (i) a clear and specific explanation of the reasons for such denial, (ii) a statement that such denial is appealable pursuant to § 63.2-915, and (iii) information regarding the procedure for filing such appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":236011,"text":"(Effective January 1, 2025) If a local board does not place a child with an approved kinship foster parent, the local board shall file an exception report with the Commissioner within 72 hours of placement. For the purposes of this section, an exception report is defined as a report that has been approved by a director of a local department prior to placing a child in a non-kinship foster care placement and documents all known relatives and fictive kin of the child, all efforts of the local board to locate relatives and fictive kin of the child, and the reasons why the child was not placed with relatives.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":236012,"text":"Kinship foster care placements pursuant to this section shall be subject to all requirements of, and shall be eligible for all services related to, foster care placement contained in this chapter. Subject to approval by the Commissioner, a local board may grant a waiver of the Board’s standards for foster home approval, set forth in regulations, that are not related to safety. Training requirements may be waived for purposes of initial approval; however, such training requirements shall be completed within six months of the initial approval. If a local board determines that training requirements are a barrier to placement with a kinship foster parent and that placement with such kinship foster parent is in the child’s best interest, the local board shall submit a waiver request to the Commissioner. Waivers granted pursuant to this subsection shall be considered and, if appropriate, granted on a case-by-case basis and shall include consideration of the unique needs of each child to be placed. Upon request by a local board, the Commissioner shall review the local board’s decision and reasoning to grant a waiver and shall verify that the foster home approval standard being waived is not related to safety. If the Commissioner grants the waiver and allows approval of the home in accordance with Board regulations, the child may be placed in the home immediately. The approval or disapproval by the Commissioner of the local board’s waiver shall not be considered a case decision as defined in § 2.2-4001.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":236013,"text":"The kinship foster parent shall be eligible to receive payment at the full foster care rate for the care of the child.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":236014,"text":"During the process of determining whether a person should be approved as a kinship foster parent, a local board shall not require that the child be removed from the physical custody of the kinship foster parent who is the subject of such approval process, provided the placement remains in the child’s best interest.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":236015,"text":"A child placed in kinship foster care pursuant to this section shall not be removed from the physical custody of the kinship foster parent, provided that the child has been living with the kinship foster parent for six consecutive months and the placement continues to meet approval standards for foster care, unless (i) the kinship foster parent consents to the removal; (ii) removal is agreed upon at a family partnership meeting as defined by the Department; (iii) removal is ordered by a court of competent jurisdiction; or (iv) removal is warranted pursuant to § 63.2-1517.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":236016,"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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14390,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14389,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271971,"object_type":"structure","relational_id":14390,"identifier":"1","token":"63.2\/III\/9\/1","url":"\/63.2\/III\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14389,"edition_id":1,"name":"Foster Care","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271969,"object_type":"structure","relational_id":14389,"identifier":"9","token":"63.2\/III\/9","url":"\/63.2\/III\/9\/","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":87280,"structure_id":14390,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","url":"\/63.2-900\/","token":"63.2\/III\/9\/1\/63.2-900","metadata":false},{"id":64851,"structure_id":14390,"section_number":"63.2-900.1","catch_line":"Kinship foster care","url":"\/63.2-900.1\/","token":"63.2\/III\/9\/1\/63.2-900.1","metadata":false},{"id":70505,"structure_id":14390,"section_number":"63.2-900.2","catch_line":"Placement of sibling groups; visitation","url":"\/63.2-900.2\/","token":"63.2\/III\/9\/1\/63.2-900.2","metadata":false},{"id":76064,"structure_id":14390,"section_number":"63.2-900.3","catch_line":"School placement of children in foster care","url":"\/63.2-900.3\/","token":"63.2\/III\/9\/1\/63.2-900.3","metadata":false},{"id":72206,"structure_id":14390,"section_number":"63.2-901","catch_line":"Supervision of placement of children in homes","url":"\/63.2-901\/","token":"63.2\/III\/9\/1\/63.2-901","metadata":false},{"id":81648,"structure_id":14390,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","url":"\/63.2-901.1\/","token":"63.2\/III\/9\/1\/63.2-901.1","metadata":false},{"id":70305,"structure_id":14390,"section_number":"63.2-902","catch_line":"Agreements with persons taking children; dispute resolution; appeals","url":"\/63.2-902\/","token":"63.2\/III\/9\/1\/63.2-902","metadata":false},{"id":83322,"structure_id":14390,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","url":"\/63.2-903\/","token":"63.2\/III\/9\/1\/63.2-903","metadata":false},{"id":76669,"structure_id":14390,"section_number":"63.2-904","catch_line":"Investigation, visitation, and supervision of foster homes or independent living arrangement; removal of child","url":"\/63.2-904\/","token":"63.2\/III\/9\/1\/63.2-904","metadata":false},{"id":55728,"structure_id":14390,"section_number":"63.2-904.1","catch_line":"Intervention by Commissioner; corrective action plans; assumption of temporary control","url":"\/63.2-904.1\/","token":"63.2\/III\/9\/1\/63.2-904.1","metadata":false},{"id":63460,"structure_id":14390,"section_number":"63.2-904.2","catch_line":"Complaint system","url":"\/63.2-904.2\/","token":"63.2\/III\/9\/1\/63.2-904.2","metadata":false},{"id":72819,"structure_id":14390,"section_number":"63.2-905","catch_line":"Foster care services","url":"\/63.2-905\/","token":"63.2\/III\/9\/1\/63.2-905","metadata":false},{"id":63664,"structure_id":14390,"section_number":"63.2-905.1","catch_line":"Independent living services","url":"\/63.2-905.1\/","token":"63.2\/III\/9\/1\/63.2-905.1","metadata":false},{"id":76451,"structure_id":14390,"section_number":"63.2-905.1:1","catch_line":" Housing services","url":"\/63.2-905.1_1\/","token":"63.2\/III\/9\/1\/63.2-905.1_1","metadata":false},{"id":59769,"structure_id":14390,"section_number":"63.2-905.2","catch_line":"Security freezes and annual credit checks for children in foster care","url":"\/63.2-905.2\/","token":"63.2\/III\/9\/1\/63.2-905.2","metadata":false},{"id":58742,"structure_id":14390,"section_number":"63.2-905.3","catch_line":"Documents provided to foster care youth","url":"\/63.2-905.3\/","token":"63.2\/III\/9\/1\/63.2-905.3","metadata":false},{"id":76193,"structure_id":14390,"section_number":"63.2-905.4","catch_line":"Individuals in foster care on eighteenth birthday; enrollment in Commonwealth's program of medical assistance","url":"\/63.2-905.4\/","token":"63.2\/III\/9\/1\/63.2-905.4","metadata":false},{"id":56947,"structure_id":14390,"section_number":"63.2-905.5","catch_line":"Survey of children aging out of foster care","url":"\/63.2-905.5\/","token":"63.2\/III\/9\/1\/63.2-905.5","metadata":false},{"id":73230,"structure_id":14390,"section_number":"63.2-905.6","catch_line":"Notice of eligibility for certain federal benefits","url":"\/63.2-905.6\/","token":"63.2\/III\/9\/1\/63.2-905.6","metadata":false},{"id":80427,"structure_id":14390,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","url":"\/63.2-906\/","token":"63.2\/III\/9\/1\/63.2-906","metadata":false},{"id":86904,"structure_id":14390,"section_number":"63.2-906.1","catch_line":"Qualified residential treatment programs","url":"\/63.2-906.1\/","token":"63.2\/III\/9\/1\/63.2-906.1","metadata":false},{"id":81818,"structure_id":14390,"section_number":"63.2-907","catch_line":"Administrative review of children in foster care","url":"\/63.2-907\/","token":"63.2\/III\/9\/1\/63.2-907","metadata":false},{"id":83951,"structure_id":14390,"section_number":"63.2-908","catch_line":"Permanent foster care placement","url":"\/63.2-908\/","token":"63.2\/III\/9\/1\/63.2-908","metadata":false},{"id":59063,"structure_id":14390,"section_number":"63.2-909","catch_line":"Child support for child placed in foster care by court","url":"\/63.2-909\/","token":"63.2\/III\/9\/1\/63.2-909","metadata":false},{"id":63433,"structure_id":14390,"section_number":"63.2-910","catch_line":"Child support for child placed in foster care where legal custody remains with parent or guardian","url":"\/63.2-910\/","token":"63.2\/III\/9\/1\/63.2-910","metadata":false},{"id":60943,"structure_id":14390,"section_number":"63.2-910.1","catch_line":"Acceptance of children by local departments of social services","url":"\/63.2-910.1\/","token":"63.2\/III\/9\/1\/63.2-910.1","metadata":false},{"id":56471,"structure_id":14390,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","url":"\/63.2-910.2\/","token":"63.2\/III\/9\/1\/63.2-910.2","metadata":false},{"id":68598,"structure_id":14390,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","url":"\/63.2-911\/","token":"63.2\/III\/9\/1\/63.2-911","metadata":false},{"id":82345,"structure_id":14390,"section_number":"63.2-912","catch_line":"Visitation of child placed in foster care","url":"\/63.2-912\/","token":"63.2\/III\/9\/1\/63.2-912","metadata":false},{"id":75827,"structure_id":14390,"section_number":"63.2-912.1","catch_line":"Notification of certain rights of foster parents of public school students","url":"\/63.2-912.1\/","token":"63.2\/III\/9\/1\/63.2-912.1","metadata":false},{"id":65725,"structure_id":14390,"section_number":"63.2-913","catch_line":"Establishment of minimum training requirements","url":"\/63.2-913\/","token":"63.2\/III\/9\/1\/63.2-913","metadata":false},{"id":57259,"structure_id":14390,"section_number":"63.2-913.1","catch_line":"Caseload standard","url":"\/63.2-913.1\/","token":"63.2\/III\/9\/1\/63.2-913.1","metadata":false},{"id":80392,"structure_id":14390,"section_number":"63.2-914","catch_line":"Not in effect","url":"\/63.2-914\/","token":"63.2\/III\/9\/1\/63.2-914","metadata":false},{"id":61194,"structure_id":14390,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","url":"\/63.2-915\/","token":"63.2\/III\/9\/1\/63.2-915","metadata":false},{"id":57653,"structure_id":14390,"section_number":"63.2-916","catch_line":"Notice of developmental disabilities","url":"\/63.2-916\/","token":"63.2\/III\/9\/1\/63.2-916","metadata":false}],"previous_section":{"id":87280,"structure_id":14390,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","url":"\/63.2-900\/","token":"63.2\/III\/9\/1\/63.2-900","metadata":false},"next_section":{"id":70505,"structure_id":14390,"section_number":"63.2-900.2","catch_line":"Placement of sibling groups; visitation","url":"\/63.2-900.2\/","token":"63.2\/III\/9\/1\/63.2-900.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-900.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 360<\/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 7 times. 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. Those modifications are as follows: in 2012, chapter 568<\/a>; in 2014, chapter 257<\/a>; in 2016, chapter 25<\/a>; in 2019, chapters 437<\/a>, 438<\/a>, and 446<\/a>; in 2020, chapters 224<\/a>, 366<\/a>, and 562<\/a>; in 2022, chapters 561<\/a> and 562<\/a>; in 2024, chapters 629<\/a> and 662<\/a>.<\/p>","references":[{"id":60778,"section_number":"63.2-1531","catch_line":"Definitions","order_by":null,"url":"\/63.2-1531\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"},{"id":61194,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","order_by":null,"url":"\/63.2-915\/"}],"refers_to":[{"id":61194,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","order_by":null,"url":"\/63.2-915\/"}],"permalink":{"id":271977,"object_type":"law","relational_id":64851,"identifier":"63.2-900.1","token":"63.2\/III\/9\/1\/63.2-900.1","url":"\/63.2-900.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-900.1\/","token":"63.2\/III\/9\/1\/63.2-900.1","dublin_core":{"Title":"Kinship foster care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-900.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When placing a child<\/span>, the local board<\/span> shall first consider placement with a kinship foster parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The local board<\/span> shall, in accordance with regulations adopted by the Board, determine whether the child<\/span> has any relative<\/span> who may be eligible to become a kinship foster parent. Searches for relatives<\/span> eligible to serve as kinship foster parents shall be conducted at the time the child<\/span> enters foster care, at least annually thereafter, and prior to any subsequent changes to the child<\/span>’s placement setting. The local board<\/span> shall take all reasonable steps to provide notice to such relatives<\/span> of their potential eligibility to become kinship foster parents and explain any opportunities such relatives<\/span> may have to participate in the placement and care of the child<\/span>, including opportunities available through kinship foster care or kinship guardianship<\/span>.\n\t\t\tIf a relative<\/span> requests to become the child<\/span>’s kinship foster parent, the local board<\/span> shall provide the relative<\/span> with any forms or materials<\/span> that must be submitted in order<\/span> to become a kinship foster parent within no more than 15 days of such request. If the relative<\/span>’s request to become a kinship foster parent is denied, the local board<\/span> shall provide to the relative<\/span> (i) a clear and specific explanation of the reasons for such denial, (ii) a statement that such denial is appealable pursuant to § 63.2-915<\/a>, and (iii) information regarding the procedure for filing such appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> (Effective January 1, 2025) If a local board<\/span> does not place a child<\/span> with an approved kinship foster parent, the local board<\/span> shall file an exception report with the Commissioner<\/span> within 72 hours of placement. For the purposes of this section, an exception report is defined as a report that has been approved by a director of a local department<\/span> prior to placing a child<\/span> in a non-kinship foster care placement<\/span> and documents all known relatives<\/span> and fictive kin<\/span> of the child<\/span>, all efforts of the local board<\/span> to locate relatives<\/span> and fictive kin<\/span> of the child<\/span>, and the reasons why the child<\/span> was not placed with relatives<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Kinship foster care placements<\/span> pursuant to this section shall be subject to all requirements of, and shall be eligible for all services related to, foster care placement<\/span> contained in this chapter. Subject to approval by the Commissioner<\/span>, a local board<\/span> may grant a waiver<\/span> of the Board’s standards for foster home<\/span> approval, set forth in regulations, that are not related to safety. Training requirements may be waived for purposes of initial approval; however, such training requirements shall be completed within six months of the initial approval. If a local board<\/span> determines that training requirements are a barrier to placement with a kinship foster parent and that placement with such kinship foster parent is in the child<\/span>’s best interest, the local board<\/span> shall submit a waiver<\/span> request to the Commissioner<\/span>. Waivers<\/span> granted pursuant to this subsection shall be considered and, if appropriate, granted on a case-by-case basis and shall include consideration of the unique needs of each child<\/span> to be placed. Upon request by a local board<\/span>, the Commissioner<\/span> shall review the local board<\/span>’s decision and reasoning to grant a waiver<\/span> and shall verify that the foster home<\/span> approval standard being waived is not related to safety. If the Commissioner<\/span> grants the waiver<\/span> and allows approval of the home in accordance with Board regulations, the child<\/span> may be placed in the home immediately. The approval or disapproval by the Commissioner<\/span> of the local board<\/span>’s waiver<\/span> shall not be considered a case decision as defined in § 2.2-4001<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The kinship foster parent shall be eligible to receive payment at the full foster care rate for the care of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> During the process of determining whether a person should be approved as a kinship foster parent, a local board<\/span> shall not require that the child<\/span> be removed from the physical custody<\/span> of the kinship foster parent who is the subject of such approval process, provided the placement remains in the child<\/span>’s best interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A child<\/span> placed in kinship foster care pursuant to this section shall not be removed from the physical custody<\/span> of the kinship foster parent, provided that the child<\/span> has been living with the kinship foster parent for six consecutive months and the placement continues to meet approval standards for foster care, unless (i) the kinship foster parent consents to the removal; (ii) removal is agreed upon at a family partnership meeting as defined by the Department; (iii) removal is ordered by a court<\/span> of competent jurisdiction<\/span>; or (iv) removal is warranted pursuant to § 63.2-1517<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/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\nKINSHIP FOSTER CARE (\u00a7 63.2-900.1)\n\nA. When placing a child, the local board shall first consider placement with a\nkinship foster parent.\n\nB. The local board shall, in accordance with regulations adopted by the Board,\ndetermine whether the child has any relative who may be eligible to become a\nkinship foster parent. Searches for relatives eligible to serve as kinship\nfoster parents shall be conducted at the time the child enters foster care, at\nleast annually thereafter, and prior to any subsequent changes to the\nchild’s placement setting. The local board shall take all reasonable steps\nto provide notice to such relatives of their potential eligibility to become\nkinship foster parents and explain any opportunities such relatives may have to\nparticipate in the placement and care of the child, including opportunities\navailable through kinship foster care or kinship guardianship.\n\t\t\tIf a relative requests to become the child’s kinship foster parent, the\nlocal board shall provide the relative with any forms or materials that must be\nsubmitted in order to become a kinship foster parent within no more than 15 days\nof such request. If the relative’s request to become a kinship foster\nparent is denied, the local board shall provide to the relative (i) a clear and\nspecific explanation of the reasons for such denial, (ii) a statement that such\ndenial is appealable pursuant to § 63.2-915, and (iii) information\nregarding the procedure for filing such appeal.\n\nC. (Effective January 1, 2025) If a local board does not place a child with an\napproved kinship foster parent, the local board shall file an exception report\nwith the Commissioner within 72 hours of placement. For the purposes of this\nsection, an exception report is defined as a report that has been approved by a\ndirector of a local department prior to placing a child in a non-kinship foster\ncare placement and documents all known relatives and fictive kin of the child,\nall efforts of the local board to locate relatives and fictive kin of the child,\nand the reasons why the child was not placed with relatives.\n\nD. Kinship foster care placements pursuant to this section shall be subject to\nall requirements of, and shall be eligible for all services related to, foster\ncare placement contained in this chapter. Subject to approval by the\nCommissioner, a local board may grant a waiver of the Board’s standards\nfor foster home approval, set forth in regulations, that are not related to\nsafety. Training requirements may be waived for purposes of initial approval;\nhowever, such training requirements shall be completed within six months of the\ninitial approval. If a local board determines that training requirements are a\nbarrier to placement with a kinship foster parent and that placement with such\nkinship foster parent is in the child’s best interest, the local board\nshall submit a waiver request to the Commissioner. Waivers granted pursuant to\nthis subsection shall be considered and, if appropriate, granted on a\ncase-by-case basis and shall include consideration of the unique needs of each\nchild to be placed. Upon request by a local board, the Commissioner shall review\nthe local board’s decision and reasoning to grant a waiver and shall\nverify that the foster home approval standard being waived is not related to\nsafety. If the Commissioner grants the waiver and allows approval of the home in\naccordance with Board regulations, the child may be placed in the home\nimmediately. The approval or disapproval by the Commissioner of the local\nboard’s waiver shall not be considered a case decision as defined in\n§ 2.2-4001.\n\nE. The kinship foster parent shall be eligible to receive payment at the full\nfoster care rate for the care of the child.\n\nF. During the process of determining whether a person should be approved as a\nkinship foster parent, a local board shall not require that the child be removed\nfrom the physical custody of the kinship foster parent who is the subject of\nsuch approval process, provided the placement remains in the child’s best\ninterest.\n\nG. A child placed in kinship foster care pursuant to this section shall not be\nremoved from the physical custody of the kinship foster parent, provided that\nthe child has been living with the kinship foster parent for six consecutive\nmonths and the placement continues to meet approval standards for foster care,\nunless (i) the kinship foster parent consents to the removal; (ii) removal is\nagreed upon at a family partnership meeting as defined by the Department; (iii)\nremoval is ordered by a court of competent jurisdiction; or (iv) removal is\nwarranted pursuant to § 63.2-1517.\n\nH. 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: 2006, c. 360; 2012, c. 568; 2014, c. 257; 2016, c. 25; 2019, cc. 437,\n438, 446; 2020, cc. 224, 366, 562; 2022, cc. 561, 562; 2024, cc. 629, 662.","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}}