Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Foster and Adoptive Family Home Approval Standards [22 VAC 40 ‑ 211]
Action is Exempt from Article 2 of the Administrative Process Act
Amend Foster and Adoptive Home Approval Standards for 2020 Legislation
Action 5534
General Information
Action Summary This regulatory action is necessary to implement requirements of legislation passed during the 2020 session of the General Assembly and to make changes consistent with waiver and foster family home capacity standards as outlined in the Family First Prevention Services Act of 2018 and defined in the Social Security Act. Chapter 562 (SB 1025) of the 2020 Acts of Assembly clarifies that local departments of social services (LDSS) must submit a waiver request to the Commissioner when it is determined that training requirements are a barrier to placement with a kinship foster parent. LDSS may not remove a child from the physical custody of the kinship foster parent during the approval process. Waivers of any non-safety-related approval standard in kinship foster family homes may be made by LDSS on a case-by-case basis. A wavier may be granted by LDSS for kinship foster parents for the purpose of approval for training, completion of the mutual family assessment, tuberculosis assessment, screening or tests, and physical examinations for a period not to exceed six months. The Family First Prevention Services Act requires that the total number of children in foster care in a foster family home must not exceed six, unless specific exemptions apply. This is inconsistent with our current regulation, which states that the maximum number of children in a home must not exceed eight.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [006387]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8974 Final Stage complete. This regulation became effective on 10/15/2020.
Contact Information
Name / Title: Keisha Williams  / Program Consultant
Address: 801 E. Main Street
Richmond , VA 23219
Email Address:
Phone: (804)726-7550    FAX: (804)726-7173    TDD: ()-

This person is the primary contact for this chapter.