| Action Summary | This regulatory action will amend 22VAC40-211, Foster and Adoptive Home Approval Standards for Local Departments of Social Services, to ensure it complies with 2026 legislative changes and applicable federal law. Chapters 647 (HB 632) and 648 (SB 305) of the 2026 Acts of Assembly (House Bill 632 and Senate Bill 305) allow for a barrier crime waiver to be requested for prospective kinship foster parents and adult household members in the home. The amendments in this regulatory action are necessary to reflect these changes and to ensure that local departments perform a safety assessment, home inspection, and a permanency assessment before submitting a request for a waiver to the department. |
| 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: Pursuant to the enabling legislation, the Board's initial adoption of regulations to implement the provisions shall be exempt from the provisions of the Administrative Process Act (2.2-4000 et seq.). |
| RIS Project | Yes [8718] |
| Associated Mandates |
Bill: HB632 (2026)
Bill: SB305 (2026)
|
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Stage ID | Stage Type | Status |
|---|---|---|
| 11208 | Final | Submitted to the Registrar and awaiting publication (09/07/2026). |
| Name / Title: | Anya Horning / Program Consultant |
| Address: |
5600 Cox Road Glen Allen, VA 23060 |
| Email Address: | anya.horning9@dss.virginia.gov |
| Phone: | (804)389-1396 FAX: ()- TDD: ()- |