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 (amending 22VAC40-211-90).

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

Effective Date: October 7, 2026.

Agency Contact: Anya Horning, Program Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 389-1396, or email anya.horning9@dss.virginia.gov.

Summary:

Pursuant to Chapters 647 and 648 of the 2026 Acts of Assembly, the amendments (i) allow for a barrier crime waiver to be requested for prospective kinship foster parents and adult household members in the home and (ii) require that local departments of social services perform a safety assessment, home inspection, and a permanency assessment before submitting a request for a waiver to the department.

22VAC40-211-90. Allowing a waiver.

A. The local department may request and the provider may receive a permanent or temporary waiver from the department on a standard if the waiver does not jeopardize the safety and proper care of the child or violate federal or state laws or local ordinances.

B. To allow children to be placed with kinship foster parents, temporary waivers may be granted for preservice training, completion of a mutual family assessment, tuberculosis assessment, screening, or tests and physical examinations for a period not to exceed six months. Permanent waivers related to standards for the home of a provider as referenced in 22VAC40-211-70 may be granted to kinship foster parents.

C. If a provider is granted a waiver and is in compliance with all other requirements of this chapter, the provider is considered fully approved.

D. Any temporary waivers granted are for a period not to exceed six months. Before the end of the six-month period, the kinship foster parent must have completed all requirements that had previously been waived under subsection B of this section.

E. Any permanent waivers granted are considered on a case-by-case basis and must be reviewed on an annual basis by the department.

F. A local department may request a barrier crime waiver for prospective kinship foster parents and adult household members in accordance with § 63.2-901.2 of the Code of Virginia.

1. No child shall be placed in a home where a prospective kinship foster parent or an adult household member has a conviction for a barrier crime as defined in § 19.2-392.02 of the Code of Virginia and the individual does not meet the exceptions in § 63.2-901.1 E, F, G, H, or I of the Code of Virginia, unless the barrier crime waiver has been approved by the department.

2. The local department must complete the following before submitting an application to request a barrier crime waiver:

a. A safety assessment that includes the factors in § 63.2-901.2 C of the Code of Virginia;

b. An in-person inspection of the home; and

c. A permanency assessment on the department-issued template.