Chapter 561 (HB 716) and Chapter 562 (SB 307) of the 2022 Acts of Assembly amend current Virginia Code and create a notice requirement and appeal structure when a local board denies an individual’s request to become a kinship foster parent. These new requirements mandate that local boards must provide individuals that have expressed interest in becoming a kinship foster parent with any forms or materials that must be submitted for the approval process within no more than 15 days of such request. If the individual is denied the ability to become a kinship foster parent, the local board shall provide to the individual (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) an explanation of the procedure for filing such appeal.  

The identical bills include an enactment clause requiring a public comment period prior to adoption. The State Board of Social Services will take action on this regulation on August 17, 2022.  The draft regulation can be viewed at https://www.dss.virginia.gov/geninfo/state_board/index.cgi

The draft is under Meeting Schedule & Details, August 17, 2022 and titled "22VAC40-211-140 Foster & Adoptive Home Standards Exempt."