(Posted 2023 August)
Several changes to laws related to Child Protective Services (CPS), Foster Care, and Resource Families took effect on July 1, 2023. Below is a summary of each bill and links to the legislation that passed during the 2023 Session of the Virginia General Assembly. Please access the links provided to review the complete legislation.
Foster Care
HB 1403: Requires Virginia’s public colleges and universities that offer housing during breaks to provide access to such housing at no cost to eligible students who were in foster care at the age of 18, are registered for the academic term immediately following the break, and meet certain other criteria. This amendment was added to the Code of Virginia in May 2023.
Resource Family
HB 1744: Starting January 1, 2024, home studies conducted by local social service boards or licensed child-placing agencies for foster care or adoption purposes must be transferable between all localities and agencies within the Commonwealth of Virginia at the request of the prospective foster or adoptive parents. The home studies must follow the Mutual Family Assessment home study template provided by the Department of Social Services, and the State Board of Social Services will establish market rates for such studies.
Child Protective Services
HB 1550: In instances when a licensed teacher employed by a local school board is the subject of a founded complaint of child abuse or neglect, that teacher has 30 days from receiving the hearing officer's decision to petition the circuit court in the jurisdiction of the local department for a new trial. However, filing any action for judicial review of the agency action or the hearing officer's decision is prohibited.
HB 1768: This bill allows local departments of social services (LDSS) to facilitate the interview of a child at a child advocacy center (CAC) in another jurisdiction if it cannot be completed within 14 days in the LDSS's jurisdiction.
SB 1367: This bill specifies that reasonable independent childhood activities should not be considered child abuse or neglect. Parents or caregivers will not be considered abusive or neglectful for allowing children to engage in age-appropriate independent activities without adult supervision, as long as the activities are not grossly negligent, do not endanger the child's health or safety, and are in alignment with the child’s maturity, physical, and mental abilities. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time.
SB 873: This bill allows the local Commonwealth's Attorney or a law enforcement officer to file a petition for a preliminary family abuse protective order on behalf of a minor when an emergency protective order was previously issued, has not expired or is within 24 hours of expiration, and the respondent is a parent, guardian, or person in loco parentis.
This article posting is part of the Foster Family News monthly newsletter designed to keep foster parents informed about all the new and notable happenings in Fairfax County.
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