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
Foster and Adoptive Home Approval Standards Regulatory Action-2022 Legislative Changes
Action 5977
General Information
Action Summary This regulatory action is necessary to implement the requirements of legislation passed during the 2022 Session of the Virginia General Assembly and to conform the existing regulation to current state law. Chapter 561 (HB 716) and Chapter 562 (SB 307) of the 2022 Acts of Assembly amend current Virginia Code and create a notice requirement and appeal structure when a local board denies an individual’s request to become a kinship foster parent. These new requirements mandate that local boards must provide individuals that have expressed interest in becoming a kinship foster parent with any forms or materials that must be submitted for the approval process within no more than 15 days of such request. If the individual is denied the ability to become a kinship foster parent, the local board shall provide to the individual (i) a clear and specific explanation of the reasons for such denial, (ii) a statement that such denial is appealable pursuant to § 63.2-915, and (iii) an explanation of the procedure for filing such appeal.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7224]
Associated Mandates Kinship foster care; notice and appeal
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
9659 Final Stage complete. This regulation became effective on 11/10/2022.
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.