Agency
Department of Social Services
Board
State Board of Social Services
chapter
Background Checks for Child Welfare Agencies [22 VAC 40 ‑ 191]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Amend Background Checks for Child Welfare Agencies to Implement 2026 Legislation
Action 7007
 
General Information
Action Summary This regulatory action amends 22VAC40-191 to implement Chapter 726 of the 2026 Acts of Assembly, which consolidates existing barrier crimes exceptions applicable for foster or adoptive homes, including adult household members. This action also removes the kinship foster home barrier crime exception from the regulation, as licensed child-placing agencies do not have authority to approve kinship foster homes under ยงยง 63.2-900 and 63.2-900.1 of the Code of Virginia; only local boards of social services may approve kinship foster homes. These amendments are necessary to ensure alignment with the statutory requirements established by Chapter 726 that will become effective on July 1, 2026.
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  [8654]
Associated Mandates
Bill: HB1060 (2026)
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
11171 Final Submitted to the Registrar and awaiting publication (09/07/2026).
 
Contact Information
Name / Title: Alisa Foley  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address: alisa.foley@dss.virginia.gov
Phone: (804)726-7138    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.