October 11, 2024

Don Carey, Chair 

State Board of Social Services

Office of Legislative and Regulatory Affairs

5600 Cox Road

Glen Allen, VA  23060

Chairman Carey:

The Fairfax County Department of Social Services submits the following comments regarding the draft regulations for implementation of the Parental Child Safety Placement Program (PCSPP).

The Department is supportive of the Program which aims to offer jurisdictions expanded options for parental choice related to safe options for children and families involved with child protective services.  However, there are changes needed to the PCSPP to ensure parents have a reasonable opportunity to address identified safety concerns, and to strengthen permanence and stability for children and youth impacted by these placements while minimizing the potential for negative impact to Title IV-E funding

Inadeguuate Time to Meet Complex Safety Challenges 

While many parents can address safety concerns in 90 or 180 days, there are some challenges that parents face including substance us or mental health disorders and homelessness, which often cannot be ameliorated within that timeframe.  Consideration should be given for the impact this timeframe has on parents facing these difficult challenges and the time needed to properly address them in a way that promotes child and family safety.  In practice, many kin caregivers are willing and/or are able to continue caring for the child beyond the 90 or 180 days when parents are making reasonable efforts to address these and other complex safety challenges.

Current Removal Language Caused Disruption to Safe Placement

The proposed timeline does not align with VA Code 16.1-252.  That section requires that the LDSS must prove (i) an imminent threat to life or health to remove a child from a caregiver and (ii) that reasonable efforts have been made to prevent removal and there are no alternatives less drastic than removal. When the PCSPP expires, there is no imminent threat to the child's life or health because they are not living with the person that caused them harm.  The current language in the PCSPP provides that the child must be removed from a safe placement with a kin caregiver if the child cannot be safely returned home after 180 days.

Under VA Code 16.1-252 (E)(2), the issuance of a preliminary order is included as one of the alternatives less drastic than removal and supports safety and continuity in placement for the child.

Potential for Negative Title IV-E Implications

The 180-day timeframe negatively impacts the child's eligibility for IV-E funding if removed.  Eligibility is based on the removal home--the home in which the child has been residing for the immediate previous six months.  Therefore, the home of the safety resource would be the removal home thereby impacting eligibility.  Additionally, the child would face removal even though the child's safety and well-being needs are being met.

Conclusion 

We support the intent of the PCSPP but seek changes to the proposed regulation to remove unintended negative consequences on parents, children and foster care funding reimbursements.

Sincerely,

Michael Becketts, Director

Fairfax County Department of Family Services