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.
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| Chapters Affected |
Only affects this chapter.
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| 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.
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| RIS Project |
Yes [8654] |
| Associated Mandates |
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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11171
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Final
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Submitted to the Registrar and awaiting publication (09/07/2026). |
Contact Information
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Name / Title:
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Alisa Foley
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Program Consultant
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Address:
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801 E. Main Street
Richmond, VA 23219
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Email Address:
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alisa.foley@dss.virginia.gov
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Phone:
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(804)726-7138
FAX: ()-
TDD: ()-
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This person is the primary contact for this chapter.