This regulatory action is necessary to implement the requirements of legislation passed during the 2025 session of the General Assembly. Chapter 568 of the 2025 Acts of Assembly directs the State Board of Social Services to amend its regulation to (i) require local boards of social services to apply for federal benefits on behalf of children in foster care that they might be eligible for, (ii) prohibit use of military survivor benefits to pay the care and support of children in foster care, and (iii) require local departments of social services that are representative payees for children in foster care to conserve such military survivor benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits. 

The legislation provides the Board's adoption of such regulations is exempt from the Administrative Process Act (§§ 2.2-4000 et seq. of the Code of Virginia), except the Board shall provide an opportunity for public comment on such regulations prior to adoption. The State Board of Social Services will adopt the regulation at the October 15, 2025 meeting. 

The regulation can be viewed at the following link: 22VAC40-201_Exempt_Regulation-Applicication_of_Benefits_for_Children_in_Foster_Care.pdf