(Posted 2024 October)
After many years of effort by state advocacy groups, the Code of Virginia was amended this year to remove barriers and increase the percentage of children in child welfare that are placed with relatives or close family friends (fictive kin).
The new legislation, introduced by Senator Barbara Favola and Delegate Katrina Callsen, was enacted starting July 1, 2024. It establishes a new Parental Child Safety Placement Program that puts the focus on kinship care placements first and foremost.
Kinship care has become increasingly accepted as better for the child when compared to traditional foster care. Kinship care leads to fewer disruptions, increased stability, improved mental and behavioral health outcomes, a stronger sense of community and family belonging, and it supports the goal of family reunification.
The Parental Child Safety Placement Program puts structure and guidelines around the practice of placing children with relatives or fictive kin to avoid entry into foster care when a family separation is imminent.
The Code of Virginia outlines specific eligibility criteria for the Parental Child Safety Placement Program:
- The child is in the custody of a relative by a court order.
- The child’s parent or guardian voluntarily placed the child with a relative and has a written agreement with the local board of social services.
- The child demonstrates a strong attachment to the relative, and the relative has a strong commitment to caring for the child.
- The local department of social services has documented the need for the child’s placement with the relative, citing imminent risk of removal.
With the child's parent, guardian, or legal custodian’s consent, the local Department of Social Services (in Fairfax, the Department of Family Services) would facilitate a short term 90-day agreement with the caregiver, which outlines the legal rights and responsibilities of all parties. The kinship caregiver would become eligible to receive all the same benefits and supports for caring for the child that any other foster parent would.
During that 90-day period, the department would complete the Child Protective Services investigation or family assessment. If necessary, in certain circumstances, this process can be extended only once for an additional 90 days.
This legislation is another step forward in the commonwealth of Virginia toward a kin-first cultural evolution. Other recent legislation has included the establishment of the Kinship Guardianship Assistance Program, a kinship-only TANF financial assistance fund, and comprehensive kin-first guidance from the Virginia Department of Social Services.
As Virginia creeps closer toward the national average of 30% kinship care placements, it is important to remember that traditional foster parents are still needed to provide foster homes. Loving and caring foster parents play an important role in supporting children in care.
If you are interested in becoming a foster parent and making a difference in the life of a child, email our foster parent recruiter for more information.
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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