TITLE 22. SOCIAL SERVICES
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from the Administrative Process Act in accordance with Chapter 568 of the 2025 Acts of Assembly, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act; however, the board is required to provide an opportunity for public comment on any such regulations prior to their adoption.
Title of Regulation: 22VAC40-201. Permanency Services - Prevention, Foster Care, Adoption and Independent Living (amending 22VAC40-201-120).
Statutory Authority: §§ 63.2-217 and 63.2-319 of the Code of Virginia.
Effective Date: December 17, 2025.
Agency Contact: Em Parente, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7895, fax (804) 726-7538, or email em.parente@dss.virginia.gov.
Summary:
Pursuant to Chapter 568 of the 2025 Acts of Assembly, the amendments (i) require local boards of social services to apply for federal benefits on behalf of children in foster care for which the child in foster care may be eligible; (ii) prohibit the 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.
22VAC40-201-120. Funding.
A. The local department is responsible for establishing required to establish a foster child's eligibility for federal, state, or other funding sources and making required payments from such sources. This includes applying for all federal benefits for which a foster child may be eligible. Local departments shall seek state pool funds for a child's maintenance and service needs when other funding sources are not available.
B. The assessment and provision of services to the child and birth parents or prior custodians shall be made without regard to the funding source.
C. The child's eligibility for Title IV-E funding shall be redetermined upon a change in situation and in accordance with federal Title IV-E eligibility requirements.
D. The service worker is responsible for providing the eligibility worker information required for the annual redetermination of Medicaid eligibility and information related to changes in the child's situation.
E. If the child in foster care is eligible for military survivor benefits and the local board serves as the representative payee of the benefits, the following requirements apply:
1. The local board is prohibited from using the military survivor benefits to pay for the care and support of the child in foster care.
2. The local board shall conserve the child's military survivor benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits.
3. Upon exiting foster care, the funds shall be provided to the child's legal guardian or to the child if the child reaches 18 years of age while in foster care.
VA.R. Doc. No. R26-8357; Filed October 29, 2025