{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-915.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-915.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-915.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-915.html"}],"law_id":61194,"edition_id":1,"section_id":61194,"structure_id":14390,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","history":"2013, c. 437; 2022, cc. 561, 562.","full_text":"A\n\nThe following individuals shall have the right to file an appeal with the Commissioner: (i) pursuant to § 63.2-900.1, any individual whose request to become a kinship foster parent or (ii) pursuant to 42 U.S.C. § 671(a)(12), any individual whose claim for benefits available pursuant to 42 U.S.C. § 670 et seq. or whose claim for benefits pursuant to § 63.2-905 is denied or is not acted upon by the local department with reasonable promptness.B\n\nThe Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to testimony of witnesses, or other evidence produced at the hearing, reports by the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts that the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).C\n\nThe Commissioner may delegate the duty and authority to consider and make determinations on any appeal filed in accordance with this section to duly qualified officers.D\n\nThe Board shall promulgate regulations to implement the provisions of this section. Such regulations shall require that upon receiving a request for an appeal regarding kinship foster care, (i) a hearing be conducted as soon as practicable and (ii) a decision be rendered within no more than 90 days.","order_by":null,"text":{"0":{"id":223634,"text":"The following individuals shall have the right to file an appeal with the Commissioner: (i) pursuant to § 63.2-900.1, any individual whose request to become a kinship foster parent or (ii) pursuant to 42 U.S.C. § 671(a)(12), any individual whose claim for benefits available pursuant to 42 U.S.C. § 670 et seq. or whose claim for benefits pursuant to § 63.2-905 is denied or is not acted upon by the local department with reasonable promptness.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223635,"text":"The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to testimony of witnesses, or other evidence produced at the hearing, reports by the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts that the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223636,"text":"The Commissioner may delegate the duty and authority to consider and make determinations on any appeal filed in accordance with this section to duly qualified officers.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223637,"text":"The Board shall promulgate regulations to implement the provisions of this section. Such regulations shall require that upon receiving a request for an appeal regarding kinship foster care, (i) a hearing be conducted as soon as practicable and (ii) a decision be rendered within no more than 90 days.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-915\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 437<\/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 2022, chapters 561<\/a> and 562<\/a>.<\/p>","references":[{"id":68602,"section_number":"2.2-5206","catch_line":"Community policy and management teams; powers and duties","order_by":null,"url":"\/2.2-5206\/"},{"id":64851,"section_number":"63.2-900.1","catch_line":"Kinship foster care","order_by":null,"url":"\/63.2-900.1\/"},{"id":64720,"section_number":"63.2-922","catch_line":"Termination of voluntary continuing services and support agreement; notice; appeal","order_by":null,"url":"\/63.2-922\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":64851,"section_number":"63.2-900.1","catch_line":"Kinship foster care","order_by":null,"url":"\/63.2-900.1\/"},{"id":72819,"section_number":"63.2-905","catch_line":"Foster care services","order_by":null,"url":"\/63.2-905\/"}],"permalink":{"id":272105,"object_type":"law","relational_id":61194,"identifier":"63.2-915","token":"63.2\/III\/9\/1\/63.2-915","url":"\/63.2-915\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-915\/","token":"63.2\/III\/9\/1\/63.2-915","dublin_core":{"Title":"Appeals to Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-915","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following individuals shall have the right to file an appeal<\/span> with the Commissioner<\/span>: (i) pursuant to § 63.2-900.1<\/a>, any individual whose request to become a kinship foster parent or (ii) pursuant to 42 U.S.C. § 671(a)(12), any individual whose claim for benefits available pursuant to 42 U.S.C. § 670 et seq. or whose claim for benefits pursuant to § 63.2-905<\/a> is denied or is not acted upon by the local department<\/span> with reasonable promptness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall provide an opportunity for a hearing<\/span>, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board<\/span> in such manner and form as the Commissioner<\/span> may prescribe. The Commissioner<\/span> may make or cause to be made an investigation of the facts<\/span>. The Commissioner<\/span> shall give fair and impartial consideration to testimony<\/span> of witnesses, or other evidence<\/span> produced at the hearing<\/span>, reports by the local board<\/span> and local director<\/span> or of investigations made or caused to be made by the Commissioner<\/span>, or any facts<\/span> that the Commissioner<\/span> may deem proper to enable him to decide fairly the appeal<\/span> or review. The decision of the Commissioner<\/span> shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> may delegate the duty and authority to consider and make determinations on any appeal<\/span> filed in accordance with this section to duly qualified officers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board shall promulgate regulations to implement the provisions of this section. Such regulations shall require that upon receiving a request for an appeal<\/span> regarding kinship foster care, (i) a hearing<\/span> be conducted as soon as practicable and (ii) a decision be rendered within no more than 90 days. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS TO COMMISSIONER (\u00a7 63.2-915)\n\nA. The following individuals shall have the right to file an appeal with the\nCommissioner: (i) pursuant to § 63.2-900.1, any individual whose request to\nbecome a kinship foster parent or (ii) pursuant to 42 U.S.C. § 671(a)(12),\nany individual whose claim for benefits available pursuant to 42 U.S.C. §\n670 et seq. or whose claim for benefits pursuant to § 63.2-905 is denied or\nis not acted upon by the local department with reasonable promptness.\n\nB. The Commissioner shall provide an opportunity for a hearing, reasonable\nnotice of which shall be given in writing to the applicant or recipient and to\nthe proper local board in such manner and form as the Commissioner may\nprescribe. The Commissioner may make or cause to be made an investigation of the\nfacts. The Commissioner shall give fair and impartial consideration to testimony\nof witnesses, or other evidence produced at the hearing, reports by the local\nboard and local director or of investigations made or caused to be made by the\nCommissioner, or any facts that the Commissioner may deem proper to enable him\nto decide fairly the appeal or review. The decision of the Commissioner shall be\nbinding and considered a final agency action for purposes of judicial review of\nsuch action pursuant to the provisions of the Administrative Process Act (§\n2.2-4000 et seq.).\n\nC. The Commissioner may delegate the duty and authority to consider and make\ndeterminations on any appeal filed in accordance with this section to duly\nqualified officers.\n\nD. The Board shall promulgate regulations to implement the provisions of this\nsection. Such regulations shall require that upon receiving a request for an\nappeal regarding kinship foster care, (i) a hearing be conducted as soon as\npracticable and (ii) a decision be rendered within no more than 90 days.\n\nHISTORY: 2013, c. 437; 2022, cc. 561, 562.","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}}