TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Final Regulation

Title of Regulation: 22VAC40-211. Foster and Adoptive Home Approval Standards for Local Departments of Social Services (adding 22VAC40-211-140).

Statutory Authority: §§ 63.2-217 and 63.2-319 of the Code of Virginia.

Effective Date: November 10, 2022.

Agency Contact: Keisha Williams, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7550, FAX (804) 726-7173, or email k.williamson@dss.virginia.gov.

Summary:

Pursuant to Chapters 561 and 562 of the 2022 Acts of Assembly, the amendments 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 (i) that local boards must provide individuals who 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; (ii) that if the individual is denied the ability to become a kinship foster parent, the local board shall provide to the individual a clear and specific explanation of the reasons for such denial, a statement that such denial is appealable pursuant to § 63.2-915 of the Code of Virginia, and an explanation of the procedure for filing such appeal; and (iii) that upon receiving a request for an appeal regarding a kinship foster parent denial, the Office of Appeals and Fair Hearings must conduct a hearing as soon as practicable and a decision rendered within no more than 90 days from the date of receipt of the individual's written notice of the individual's intent to appeal.

22VAC40-211-140. Kinship foster parent appeals and notice.

A. Pursuant to §§ 63.2-900.1 and 63.2-915 of the Code of Virginia, any relative, as defined in § 63.2-900.1, whose request to become a kinship foster parent is denied shall have the right to file an appeal with the commissioner.

B. If a relative's request to become a kinship foster parent is denied, the local board shall provide the relative with the written notification of the decision by mail to the last known address of the relative within 14 calendar days of the denial, and a copy of the written notification shall be mailed to the Office of Appeals and Fair Hearings. The notification shall include (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 of the Code of Virginia, (iii) information regarding the procedure for filing such appeal, and (iv) contact information for the Office of Appeals and Fair Hearings.

C. If the relative chooses to appeal the denial, the relative must contact the Office of Appeals and Fair Hearings and disclose their intent to appeal. The relative's intent to appeal must be in writing and received by the Office of Appeals and Fair Hearings in no more than 30 calendar days from the date on the written notification from the local board.

D. Upon timely receipt of the relative's written notice of their intent to appeal the decision of the local board, the Office of Appeals and Fair Hearings shall accept the appeal and send a request to the local board for all documents related to the denial of the relative. The Office of Appeals and Fair Hearings will notify the relative in writing of the hearing date at least 10 calendar days prior to the hearing.

E. A hearing shall be conducted by the Office of Appeals and Fair Hearings as soon as practicable, and the relative shall be afforded the opportunity to testify on their behalf and produce witness testimony. The Office of Appeals and Fair Hearings shall render a decision in no more than 90 calendar days from the date of receipt of the relative's written notice of the relative's intent to appeal.

F. The Office of Appeals and Fair Hearings will notify the relative and the local board of the outcome of the appeal in writing. The decision of the local board may either be sustained or reversed. If the decision of the local board is reversed, the local board shall respond in writing to the Office of Appeals and Fair Hearings within 14 calendar days and confirm that the relative's request to become a kinship foster parent has been conditionally approved, so long as all approval requirements are completed timely pursuant to law and policy.