                                 CODE OF VIRGINIA

STATE-FUNDED KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM (§ 63.2-1306)

A. 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.

B. A child is eligible for kinship guardianship assistance under the program if:

   1. 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;

   2. The child has been in the custody of the local department for at least 90
   days;

   3. 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;

   4. The child has been consulted regarding the kinship guardianship if the
   child is 14 years of age or older;

   5. 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 &#xA7; 16.1-282.1 have been met; and

   6. The child is not eligible for the Federal-Funded Kinship Guardianship
   Assistance program set forth in &#xA7; 63.2-1305.

C. 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.

D. A prospective kinship guardian is eligible for kinship guardianship
assistance under the program if he:

   1. Completes the relative foster home approval process; or

   2. 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. &#xA7; 671(a)(20), and completes
   a home study in accordance with &#xA7; 63.2-904.

E. In order to receive payments pursuant to the Children&#8217;s Services Act
(§ 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. 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

   2. Assurance that the agreement shall remain in effect without regard to the
   state of residency of the kinship guardian.

F. 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.

HISTORY: 2021, Sp. Sess. I, c. 254.