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New Virginia law prioritizes placing children in foster care with relatives

Gov. Glenn Youngkin signed House Bill 27 and Senate Bill 39. The measures aim to ensure better homes and outcomes for children across the Commonwealth.

RICHMOND, Va. — Virginia has historically grappled with the practice of kinship care, or placing children with relatives when they enter foster care. New legislation that will soon take effect seeks to address the issue.

On May 21, Gov. Glenn Youngkin signed House Bill 27 and Senate Bill 39, creating the Parental Child Safety Placement Program.

"It's an effort by the state of Virginia to have kids who are either at risk of foster care or in foster care be placed with a family member", said Ronnie Gehring, the executive director of Embrace Treatment Foster Care

Gehring attended the bill signing ceremony. He said the new legislation not only offers a framework for social services departments to place children with relatives but also supports caregivers in providing the best possible homes and environments.

"I have been around family members who were caring for children. And, you know, they want to do it but they need help," Gehring said. "They don't know how to access resources. They don't know how to do certain things. And now, this legislation is requiring, you know, Virginia to put those services in place."

The measures come as the Commonwealth works to prioritize kinship care. Only 16% of Virginia's children in foster care are placed with relatives, which is well below the national average of 35%.

Gehring said outcomes are better for children who are staying with relatives instead of going through the traditional foster care system.

"They're more likely to achieve permanency, they're less likely to stay in the system as long, and plus, they maintain those family connections," Gehring said.

The legislation also puts safeguards in place for children while honoring the rights of the parents.

"It's not as challenging for them to have visits or whatever their case requires," Gehring said.

The measures require social services departments to follow up with family members after children have been placed or submit exception reports if they cannot stay with relatives. Kinship caregivers will also receive financial support to cover the costs of caring for children and addressing additional needs in the home.

In a news release following the bill signing ceremony, Gov. Youngkin called the legislation "a milestone more than a decade in the making" in establishing a "Kin First" child welfare system in the Commonwealth. 

Gehring said he's been pushing for stronger kinship care practices in Virginia for several years. 

"It's just been a big effort for a long time to get this in place," Gehring said. "And so, those of us who have advocated for it are just very happy to see it finally come to fruition."

The legislation goes into effect on July 1. A provision mandating social services departments submit exception reports becomes effective on Jan. 1, 2025.

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