Virginia Regulatory Town Hall

Final Text

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Action:
Amend Permanency Services Regulation to Conform to 2025 ...
Stage: Final
 
22VAC40-201-120 Funding

A. The local department is responsible for establishing required to establish a foster child's eligibility for federal, state, or other funding sources and making required payments from such sources. This includes applying for all federal benefits for which a foster child may be eligible. Local departments shall seek state pool funds for a child's maintenance and service needs when other funding sources are not available.

B. The assessment and provision of services to the child and birth parents or prior custodians shall be made without regard to the funding source.

C. The child's eligibility for Title IV-E funding shall be redetermined upon a change in situation and in accordance with federal Title IV-E eligibility requirements.

D. The service worker is responsible for providing the eligibility worker information required for the annual redetermination of Medicaid eligibility and information related to changes in the child's situation.

E. If the child in foster care is eligible for military survivor benefits and the local board serves as the representative payee of the benefits, the following requirements apply:

1. The local board is prohibited from using the military survivor benefits to pay for the care and support of the child in foster care.

2. The local board shall conserve the child's military survivor benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits.

3. Upon exiting foster care, the funds shall be provided to the child's legal guardian or to the child if the child reaches 18 years of age while in foster care.