REGULATIONS
Vol. 37 Iss. 19 - May 10, 2021

TITLE 22. SOCIAL SERVICES
DEPARTMENT OF SOCIAL SERVICES
Chapter 221
Proposed

Title of Regulation: 22VAC40-221. Additional Daily Supervision Rate Structure (amending 22VAC40-221-10, 22VAC40-221-20, 22VAC40-221-30, 22VAC40-221-50, 22VAC40-221-70; adding 22VAC40-221-80; repealing 22VAC40-221-25).

Statutory Authority: § 63.2-217 of the Code of Virginia; 42 USC § 673.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 9, 2021.

Agency Contact: Traci B. Jones, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7499, or email traci.jones@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia requires the State Board of Social Services to adopt such regulations as may be necessary to carry out the purpose of Title 63.2 of the Code of Virginia.

Purpose: The proposed regulatory action makes additional daily supervision (ADS) payments a requirement to be offered to all foster parents based on the needs of the child, regardless of whether the foster family is approved through a therapeutic foster care (TFC) agency or a local department of social services (LDSS). The uniform assessment tool is used to determine payments that are available for a child who has a clearly-defined need that requires a parent to provide increased support and supervision based on the child's needs. This proposed regulatory action is necessary to protect the welfare of citizens serving as foster and adoptive placements and those children being placed in foster and adoptive homes by ensuring that they receive any ADS payments that are due under the uniform rate assessment tool. Requiring the LDSS to offer ADS to all families will ensure fair and consistent treatment of foster families and provide the necessary support to ensure the health and well-being of children placed in their homes. The proposed regulatory action will also incorporate language specific to the administration of the uniform assessment tool for the purpose of adoption assistance by extending the timeframe for the readministration of the uniform rate assessment tool. The proposed regulatory change will increase the timeliness of adoptions because it will allow the LDSS and the adoptive parents to use an existing uniform assessment tool that was administered within the last six months instead of the previous requirement that the uniform assessment tool be readministered after three months. Finally, the proposed regulatory action will incorporate language specific to the kinship guardianship assistance program and the administration of the uniform assessment tool for the purpose of determining additional daily supervision payments for children who exit foster care to the custody of a relative through this recently enacted program.

Substance: The agency conducted a periodic review of the regulation. The greatest substantive changes are (i) the proposal that ADS be offered to all foster, adoptive, and kinship families regardless of their status of therapeutic or nontherapeutic and (ii) the amendment of the timeframe for the readministration of the uniform rate assessment tool from three to six months for the purpose of determining ADS payments for adoption assistance. Language has also been added to incorporate Virginia's kinship guardianship assistance program. Additionally, it was determined that all references to the Child and Family Services Manual must be removed to make this chapter consistent with other chapters of regulation.

Issues: This regulatory action poses both advantages and disadvantages to the public and the Commonwealth. The requirement to offer ADS to all foster families who have children placed in their home will have a financial impact on the LDSS that do not currently offer this to their non-therapeutic foster care families. However, the proposed change to regulation will ensure that all foster families are treated equally and are properly supported to ensure the safety and well-being of every child placed in a foster home in Virginia. This will likely lead to an increase in the number of foster families across the Commonwealth. The amendments to the Additional Daily Supervision Rate Structure regulation will extend the amount of time that the uniform rate assessment tool is readministered from three months to six months prior to establishing adoption assistance. The primary advantage to the Commonwealth and LDSS is that this c will decrease the timeframe of finalizing adoption assistance for eligible foster care children because the uniform assessment tool will not have to be readministered until six months instead of the previous timeframe of three months.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) proposes to 1) require all local departments of social services (LDSS) to offer additional daily supervision (ADS) payments, 2) extend the amount of time that the uniform rate assessment tool is re-administered from three months to six months prior to establishing adoption assistance, 3) add language to incorporate Virginia's kinship guardianship assistance program, and 4) to make numerous other changes to simplify, clarify, and update regulatory language.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact.

Changes in Standards for Additional Daily Supervision Payments. This regulation establishes standards for LDSS to use when determining the amounts of ADS payments for foster and adoptive parents as well as prospective relative custodians who meet the criteria for kinship guardianship assistance. The purpose of the ADS payments is to cover higher than normal supervision and support needs of children who have special needs. Currently, ADS payments are offered in certain localities, but 29 localities do not offer this financial assistance to their non-therapeutic-foster-care families.

The Board proposes to require that ADS payments be offered to all foster parents based on the needs of the child across all localities regardless of the status of being therapeutic or non-therapeutic. The Board estimates that there are approximately 123 additional children who would be eligible for additional daily supervision in the 29 localities that do not offer this payment currently. Based on the average ages of children in the LDSS homes that do not currently provide an ADS payment and the average payments across the state, it is estimated that the localities affected would be responsible for an additional combined $130,129 a month ($74,824 from state funds/$32,532 from federal funds/$22,773 from local funds). This amount is the total amount that would be distributed among the 29 localities affected depending on the number of children they have in foster care. It is estimated that half of the children in foster care are eligible for federal funding through title IV-E and the other half will be reimbursed with Comprehensive Services Act general funds and local funds.

The main benefits of this change include ensuring that all foster families are treated equally across all localities and are properly supported to maintain the safety and well-being of every child placed in a foster home in Virginia. With this change, ADS payments would be established based on the needs of the child throughout the state. This change should also incentivize families to foster children with special needs across the Commonwealth.

Extension of Time for Administering Uniform Rate Assessment Tool. The Board also proposes to extend the amount of time that the uniform rate assessment tool is re-administered from three months to six months prior to establishing adoption assistance. The uniform assessment tool is used to determine payments that are available for a child that has a clearly-defined need that requires a parent to provide increased support and supervision based on the child's needs. Currently, some of the adoptions may be delayed if the uniform rate assessment has not been re-administered in the last three months.

The main benefits of this change include extending the timeframe that the assessment should be re-administered, which would allow LDSS to use an existing assessment from the last six months and expedite the adoption process as well as establishment of the payments for adoption assistance. As a result, timeliness of adoptions is expected to improve. The Board staff estimates that approximately 12 adoptions have been delayed in the past six months due to needing a new assessment completed under the current rules. Additionally, the use of an existing assessment does not result in any increase in adoption payments whereas a new assessment may result in higher payments. Under federal rules, an adoption assistance may be increased based on a new assessment, but may not be reduced even if the new assessment indicates a lower amount. Thus, there would also be some fiscal savings from the use of an existing assessment. Those savings would likely be limited to some extent because an adoptive parent may request a new assessment done anytime and would likely do so if he or she thinks it would increase the assistance amount. Finally, this change would reduce the number of times the uniform rate assessment tool needs to be re-administered and provide some staff-time savings to the LDSS.

Additional Changes that Are Not Expected to Have Significant Impacts. The proposed changes also add language to incorporate Virginia's kinship guardianship assistance program. This is a program that facilitates child placements with relatives and ensures permanency for children for whom adoption or being returned home are not appropriate permanency options. The program has been enacted by the 2018 General Assembly and payments have been made under that statutory authority.1 This regulation will incorporate language to reflect the operations of the program as currently followed in practice.

Since the proposed changes will not affect the current operations of the program, no significant economic effect is expected upon promulgation of the proposed amendments beyond providing the details of the rules and procedures that must be followed by LDSS as they apply to the kinship guardianship assistance program.

The Board also proposes to revise the stated ADS payment amount for emergency placements in the regulation from $1,600 to $1,120 monthly as that is the current payment made for emergency placements by LDSS. According to the Board staff, this amount was reduced by the Commissioner in 2012, but the regulatory language has not been updated until now to reflect that change. This change too is not expected to have a significant impact other than improving the accuracy of the language to reflect the correct amount that is paid.

Other nonsubstantive changes include removing all references to the Child and Family Services Manual to make this chapter consistent with other chapters of regulation and numerous changes to simplify, clarify, and update language to ensure the standards provide appropriate direction to the LDSS.

Businesses and Entities Affected. This regulation applies to 120 LDSS, prospective foster parents, prospective adoptive parents, prospective kinship guardianship assistance parents, children that are being adopted, and children who are discharged from foster care to the custody of a relative. The Board staff estimates that ADS payments would be provided to additional 123 children. The Board staff also estimates that the use of existing assessments would expedite approximately 12 adoptions per six-month period.

Localities Particularly Affected. This regulation would particularly affect the following LDSS that do not currently offer ADS to their nontherapeutic foster care homes: Fluvanna, Goochland, Lunenburg, Middlesex, Richmond County, Cumberland, Powhatan, King and Queen, Alleghany, Craig, Halifax, Mecklenburg, Nelson, Pittsylvania, Rockbridge, Shenandoah Valley, Bland, Floyd, Grayson, Giles, Radford, Washington, Gloucester, Clarke, Frederick, Rappahannock, Spotsylvania, Warren, and Winchester.

Projected Impact on Employment. The proposed extension of the time to re-administer the uniform assessment tool would provide some staff-time savings to the LDSS.

Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property.

Real Estate Development Costs. The proposed amendments would not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments would not have costs or other effects on small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments would not have adverse impacts on small businesses.

Adverse Impacts:

Businesses. The proposed amendments would not have adverse impacts on businesses.

Localities. The proposed amendments would adversely affect following localities by increasing their share of costs to provide ADS payments to additional 123 cases across the Commonwealth: Fluvanna, Goochland, Lunenburg, Middlesex, Richmond County, Cumberland, Powhatan, King and Queen, Alleghany, Craig, Halifax, Mecklenburg, Nelson, Pittsylvania, Rockbridge, Shenandoah Valley, Bland, Floyd, Grayson, Giles, Radford, Washington, Gloucester, Clarke, Frederick, Rappahannock, Spotsylvania, Warren, and Winchester.

Other Entities. The proposed amendments would increase the share of state funds to cover ADS payments to additional 123 children.

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1http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0769

Agency's Response to Economic Impact Analysis: The Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) require that additional daily supervision (ADS) payments be offered to all foster parents based on the needs of the child, regardless of whether the foster family is approved through a therapeutic foster care agency or local department of social services (LDSS); (ii) extend the amount of time permitted for the uniform rate assessment tool to be readministrated to six months prior to the establishment of adoption assistance; (iii) change the ADS payment amount for emergency placements to $1,120 monthly; (iv) incorporate the kinship guardianship assistance program; and (v) simplify, clarify, and update language to ensure the standards provide appropriate direction to the LDSS.

22VAC40-221-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Additional daily supervision" or "ADS" means a child's need for increased supervision and support based on the identified needs of the child. ADS is the basis for determining if an enhanced maintenance payment to a foster parent or an adoptive parent entering into an adoption assistance agreement is needed. The need for ADS is also the basis for increased expectations for the child-placing agency and the foster parent or the adoptive parent prior to the finalization of the adoption in meeting the needs of the child.

"Adoption assistance" means a money payment or services provided to adoptive parents on behalf of a child with special needs.

"Additional daily supervision payment" or "ADS payment" means a money payment included as part of a foster care maintenance payment, adoption assistance payment, or kinship guardianship assistance payment for the child's need for increased supervision and support.

"Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, the department, and other relative agencies, between the local department of social services (LDSS) and the adoptive parent that is binding on both parties and includes maintenance and, when applicable, additional daily supervision, Medicaid, services and nonrecurring fees of a minor child that specifies the nature and the amount of any payments, services, and assistance to be provided under such agreement and stipulates that the agreement shall remain in effect regardless of the state in which the adoptive parents reside.

"Adoptive placement" means the placement of a child for the purposes of adoption in a home with a signed adoptive placement agreement.

"ADS emergency placement" means the sudden, unplanned, or unexpected placement of a child who needs immediate care in a foster home and the placement occurs prior to the agency obtaining adequate information regarding the child's needs. ADS emergency placements require the foster parent to provide increased supervision and support to ensure the child's safety.

"Child-placing agency" means any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § 63.2-1819 of the Code of Virginia or a local board that places children in foster homes or adoptive homes pursuant to § 63.2-900, 63.2-903, or 63.2-1221 of the Code of Virginia. Officers, employees, or agents of the Commonwealth, or any locality, acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.

"CRAFFT" means Community Resource, Adoptive, and Foster Family Training. CRAFFT specialists are available to local departments of social services to provide assistance regarding training for foster families.

"Department" means the Virginia Department of Social Services.

"Enhanced maintenance payment" means the payment made to a foster parent over and above the basic foster care maintenance payment or to an adoptive parent when the adoption assistance agreement is negotiated. It is based on the needs of the child for additional daily supervision as identified by the uniform rate assessment tool.

"Foster care maintenance payment" means payments to cover the cost of food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child was enrolled at the time of placement. Additional daily supervision is included when supported by the identified and documented needs of the child.

"Kinship guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the agency and the prospective relative custodian of the minor child that specifies the nature and the amount of any payments and assistance to be provided under such agreement and stipulates that the agreement shall remain in effect regardless of the state in which the relative custodian resides.

"Kinship guardianship assistance payment" means a money payment provided to a relative custodian on behalf of a child that was discharged from foster care to the relative's custody in accordance with the requirements of § 63.2-1305 of the Code of Virginia.

"LDSS" means the local department of social services.

"Licensed" means licensed child-placing agencies; entities licensed by the Department of Behavioral Health and Developmental Services; licensed behavioral health professionals, or behavioral health professionals working under the direct supervision of a licensed behavioral health professional.

"Treatment foster care" or "TFC" means a community-based program where services are designed to address the special needs of children and families. Services to children and youth are delivered primarily by treatment foster parents who are trained, supervised, and supported by agency staff. Treatment is primarily foster family based.

"Uniform rate assessment tool" means a department-approved web-based tool to assess the child's behavioral, emotional, physical, and personal care needs to determine if an additional daily supervision payment is necessary to ensure the safety and well-being of the child.

22VAC40-221-20. Administration Utilization of the uniform rate assessment tool.

A. A department approved uniform rate assessment tool shall be used to determine the additional daily supervision component, if any, of the foster care maintenance payment or, the adoption assistance payment, or the kinship guardianship assistance payment. Use of the rate assessment tool to assess the documented needs of the child shall be applied consistently consistent regardless of the child's maintenance funding source.

1. The LDSS having care and responsibility for the child is responsible to ensure the assessment is completed for every child placed in a foster home, including both TFC homes and non-TFC homes.

2. The LDSS having care and responsibility for the child is responsible to ensure the tool assessment is completed with input from a child-specific team of individuals who are knowledgeable about the child's characteristics.

2. 3. The child-specific team shall include (i) the caseworker, (ii) foster or parent, adoptive parents parent, or relative custodian, and (iii) an individual trained to administer use the uniform rate assessment tool. Other individuals with knowledge of the child shall be invited to participate in the meeting or provide input about the child's needs. This shall may include family members and, the child as, if appropriate, other significant individuals in the child's social support network, the private child-placing agency staff involved in the care of the child, and other providers individuals providing care to the child.

3. 4. LDSS staff or other public child-serving agency individuals may shall be trained in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011 to administer use the uniform rate assessment tool in assessing the child's documented needs.

4. The child's assigned caseworker, foster or adoptive parents, or private agency staff shall not administer the tool 5. Only trained LDSS staff who are not associated with the case shall use the uniform rate assessment tool to assess the child's documented needs.

5. The rate assessment tool shall be administered according to the following criteria and in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011:

a. If the child is to be placed in a TFC home;

b. If the LDSS chooses to make enhanced maintenance payments for children in non-TFC homes;

c. At the time an adoption assistance agreement is negotiated when the child's needs prior to negotiating and signing the agreement indicate a need for ADS. A re-administration of the tool is not required if the adoption assistance agreement is signed within three months of a prior ADS assessment.

6. The rate assessment tool shall be re-administered:

a. When requested and there is evidence of significant behavioral, emotional, or medical changes and four or more weeks of additional support have become necessary to maintain the child in the home.

(1) Once requested, the rate assessment tool must be administered within 14 calendar days.

(2) If the rate assessment tool indicates a need for an increase or decrease in ADS, the increase or decrease takes effect on the first day of the subsequent month.

b. No more often than quarterly for any child unless the previously stated criteria apply.

c. A minimum of once per year.

B. The child's need for additional daily supervision shall be assessed when:

1. The child is placed in a TFC home;

2. The child is placed in a non-TFC home; or

3. An adoption assistance agreement or kinship guardianship assistance agreement is negotiated and the child's needs indicate a need for ADS prior to the negotiating and signing of the agreement. An assessment of the child's needs, through the use of the uniform rate assessment tool, is not required if the adoption assistance agreement or kinship guardianship assistance agreement is signed within the six months after the child's last assessment.

C. A child's needs shall be re-assessed through the use of the uniform rate assessment tool for additional daily supervision payments for children in foster care, as follows:

1. When requested by the foster parent and there is evidence of significant behavioral, emotional, or medical changes and four or more weeks of additional support have become necessary to maintain the child in the home.

a. Once requested, the child's needs must be assessed through the use of the uniform rate assessment tool within 14 calendar days.

b. If the uniform rate assessment tool indicates a need for an increase or decrease in ADS, the increase or decrease takes effect on the first day of the subsequent month.

2. At least annually, but no more often than once per quarter for any child unless the provisions of subdivision 1 of this subsection apply.

D. The individual administering using the rate assessment tool shall:

1. Consider all input from all sources regarding the emotional, behavioral, and medical characteristics of the child and will rate each item on the tool;

2. Make the final decision as to how to rate a child's characteristics based on the evidence as presented;

3. Issue a final score on the tool within five business days of the meeting; and

4. Share a copy of the scored tool with the foster or parent, adoptive parents parent, or relative custodian, and, if requested, review the tool assessment with them; and

5. Inform the foster parent, adoptive parent, or relative custodian in writing of the right to appeal decisions relating to the ADS payments and the applicable appeal process.

22VAC40-221-25. Determining the enhanced maintenance rate. (Repealed.)

The child-specific team shall consider the services provided to the child that reduce or eliminate any direct additional supervision or support provided to the child by the foster parent and reduce the enhanced maintenance payment based on these services.

22VAC40-221-30. Child-placing agency requirements for children in foster care.

A. The child-placing agency that approved the foster care home shall have face-to-face contacts with the foster parents at least monthly. Child-placing agencies may contract with licensed providers to conduct the in-home contacts with the foster parent.

B. Child-placing agencies shall have an appointed case worker on call and available to make face-to-face contact if necessary to provide services to the child and the foster family 24 hours per day, seven days per week.

1. Child-placing agencies may contract with licensed providers to perform this service.

2. Supervisory consultation to the on-call worker shall be available 24 hours per day, seven days per week and may be a service obtained through a contract with a licensed provider.

C. The child-placing agency shall monitor and document the contractor's performance if they choose it chooses to contract out the activities in subsections A and B of this section in accordance with the department's Child and Family Services Manual, Chapter E Foster Care, Section 14, July 2011.

D. Additional training shall be provided to the foster parents receiving an enhanced maintenance additional daily supervision payment based on the needs of the foster parent and the children in care. Foster parents and, adoptive parents prior to finalization of the adoption, and prospective relative custodians receiving enhanced maintenance payments that include additional daily supervision shall be consulted on their training needs. Adoptive parents and prospective relative custodians shall be consulted on their training needs prior to finalization of the adoption or kinship guardianship.

E. Foster parents receiving ADS payments shall be required to:

1. Participate in and cooperate with the LDSS in developing the foster care plan;

2. Participate in family partnership meetings and child and family team meetings;

3. Participate in meetings as requested by the school or other service providers;

4. Discuss with the agency and follow through on all services provided or expected of them to ensure the child's well-being and progress;

5. Assume responsibility for managing the daily supervision and supportive tasks a child may need, including transportation to the child's appointments, visitation, school, and extra-curricular activities;

6. Attend and participate in court hearings, therapy, or other appointments; and

7. Accurately and consistently monitor and document the child's behaviors in the manner in which the LDSS has requested.

F. Failure of the foster parent receiving ADS payments to comply with the requirements of this section may result in termination of the ADS payments, removal of the child from the foster care placement, or other action by the LDSS pursuant to federal and state law unless the foster parent is able to provide good cause as to why the foster parent is unable to perform any of these duties.

E. G. The foster care service plans developed for a child for whom enhanced maintenance is additional daily supervision payments are paid shall include but not be limited to:

1. Measurable goals, objectives, and strategies for the foster or parent, adoptive parent, or prospective relative custodian, and the child-placing agency in addressing the identified needs of the child;

2. Provisions for providing training for the foster or parent, adoptive parents parent, or prospective relative custodian consistent with the identified needs of the child;

3. Provisions for services to prevent placement disruption and maintain a stable placement; and

4. The method developed jointly by the child-placing agency and the foster or parent, adoptive parent, or prospective relative custodian to document the child's progress.

F. H. This section is does not applicable in cases where a apply after entry of the final order of adoption has been issued or final order from the court awarding custody to the relative custodian for kinship guardianship.

22VAC40-221-50. ADS payments for emergency placement foster care placements.

Enhanced maintenance payments A. The additional daily supervision portion of the foster care maintenance payment for the initial emergency foster care placement of a child shall be based on a per diem not to exceed $1,600 $1,120 per month.

1. B. The department may change the maximum per diem for initial emergency foster care placements upon approval from the State Board of Social Services.

2. The enhanced maintenance payment per diem for the initial emergency placement includes the day the uniform rate assessment tool is administered to determine the on-going enhanced maintenance rate.

3. C. The uniform rate assessment tool shall be administered utilized to assess the child's needs within 60 calendar days of the initial emergency foster care placement of a child.

22VAC40-221-70. Post-finalized adoptions.

Enhanced maintenance Adoption assistance payments based in whole or in part on a child's need for additional daily supervision shall be made available to adoptive parents after the adoption has been finalized pursuant to the department's Child and Family Services Manual, Chapter E Foster Care, Section 17, April 2013. entry of the final order of adoption if the following criteria are met:

1. The adoptive parent shall be required to either submit an application for renegotiation of their adoption assistance agreement. adoption assistance if there is not an adoption assistance agreement or submit a request to amend the existing adoption assistance agreement;

2. The documented needs of the child shall be the basis for a decision to provide an enhanced maintenance payment or a services payment. All requests for adoption assistance shall be supported with documentation from a licensed professional. Failure to provide written supporting documentation from a licensed professional will result in denial of a request for adoption assistance or an amendment to an adoption assistance agreement;

3. The uniform rate assessment tool shall be administered pursuant to 22VAC40-221-20; and

3. Enhanced maintenance payments shall be documented in an 4. The adoption assistance payment is documented in an adoption assistance agreement or an adoption assistance agreement addendum if an adoption assistance agreement existed at the time of the request for an assessment of the child's need for additional daily supervision.

22VAC40-221-80. Post-finalized kinship guardianship.

Kinship guardianship assistance payments that are based in whole or in part on a child's need for additional daily supervision shall be made available to a relative custodian after custody is awarded by the court to the relative custodian if all of the following criteria are met:

1. A valid kinship guardianship agreement that complies with the requirements of § 63.2-1305 of the Code of Virginia exists;

2. The relative custodian has submitted a written request to amend the kinship guardianship assistance agreement;

3. The documented needs of the child have been assessed using the uniform rate assessment tool, and based on that assessment, it is necessary to amend the kinship guardianship assistance agreement concerning additional daily supervision; and

4. Any change to the kinship guardianship assistance agreement has been documented in a kinship guardianship assistance agreement addendum.

VA.R. Doc. No. R18-5241; Filed April 13, 2021