SB 39 — Kinship foster care; placement of child with foster parent.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E662 An Act to amend and reenact § 63.2-900.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of sections numbered 63.2-1531 through 63.2-1536, relating to kinship foster care;

O L [S 39] L Approved EApril 8, 2024 Be it enacted by the General Assembly of Virginia:

D1. Virginia is amended by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of sections numbered 63.2-1531 through 63.2-1536, as follows:

That § 63.2-900.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of sections numbered 63.2-1531 through 63.2-1536, as follows:

A.

When placing a child, the local board shall first consider placement with a kinship foster parent.

The local board shall, in accordance with regulations adopted by the Board, determine whether thethe. child has any relative who may be eligible to become a kinship foster parent.

Searcheschild forhas relativesany eligiblerelative towho servemay as kinship foster parents shall be conductedeligible at the time the child enters fosBer care, at least annually thereafter, and prior to any subsequent changes to the child's placement setting9 The local become kinshipa foster parents and explain any opportunities such relatives may have to participate in theto placement and care of the child, including opportunities available through kinship foster careparent. or kinship guardianship.

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.

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) infB.information regarding the procedure for filing such appeal.

B.

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.

Upon request by a local board, the Commissioner shall review the local board's decision and reasoning to grant a waiver and Commissionershall grantsverify that the waiverfoster andhome allows approval ofstandard thebeing homewaived inis accordancenot withrelated Boardto regulations,safety. the child may be placed in the home immediately.

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.

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 chiE.child's best interest.

E.

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 of 4 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 of 4 family partnership meeting as defined by the Department;

The responsibilities of the local department, including (i) any services to be provided to the child, the child's parent, guardian, or legal custodian, and the caregiver and (ii) a requirement that the local department visitvisits the caregiver's home (a) within two weeks of the placement and (b) thereafter in accordance with Board regulations;

A statement that the child's parent, guardian, or legal custodian voluntarily consents to the parental child safety placement arrangement,arrangement and that such consent is not an admission of child abuse or neglect on such person's part;

A statement that the child's parent, guardian, or legal custodian and the caregiver may seek legal of 4 counsel prior to entering into the agreement;

A statement that the child's parent, guardian, or legal custodian and the caregiver have Ehethe right to refuse to enter into the agreement;

A statement that the local department has notified the child's parent, guardian, or legal custodian and the caregiver of the alternative option for the child to enter foster care and the potentiaRpotential for the of 4 caregiver to become an approved kinship foster parent.

theC. caregiver of any financial assistance available to the caregiver through the Program for the period of time that the agreement is in place.

LPrior D.to signing the parental child safety placement agreement, the local department shall notify the caregiver of any financial assistance available to the caregiver through the Program for the period of time that the agreement is in place.

D.

L E.

The local department shall provide a written copy of the parental child safety placement E agreement to the child's parent, guardian, or legal custodian and the caregiver.

The local department shall include a scanned copy of the parental child safety placement D agreement in the case record.

The term of the parental child safety placement agreement shall be no more than 90 days from the date the agreement is signed, which shall, as applicable, run concurrently with the time necessary to complete the child protective services investigation or family assessment.

A parental child safetysarysafety to placement agreement may be extended, but such extension shall not exceed one additional 90-day period and the reason for such extension shall be documented in the case record.

Prior to any extension, the local department shall conduct a facilitated meeting and perform a safety assessment to determiSedetermine whether (i) the child should be returned home, (ii) the agreement should be extended, or (iii) 3hethe local department should seek a child protective order or other court action.

E H.

The In-Home Services case shall remain open for the duration of the parental child safetyRsafety placement agreement.

The local department shall assess the proposed caregiver and determine whether the proposed continuouscaregiver relationship(i) withis willing and qualified to receive and care for the child;

and(ii) (iii) is willing and has the ability to protecthave thea childpositive, fromve,continuous abuserelationship andwith neglect.the child;

and (iii) is willing and has the ability to protect the child from abuse and neglect.

If, after conducting the assessment of the proposed caregiver, the local department determines that it is not in the child's best interests to be placed with the proposed caregiver, the local department shall notify the child's parent, guardian, or legal custodian and the proposed caregiver of the reasons for the local department's determination but may not disclose the results of any criminal or child protective services history unless the proposed caregiver consents to such disclosure.naldisclosure. or child § 63.2-1535.

§ 63.2-1535.