All Roll Calls
Yes: 276 • No: 0
Sponsored By: Stella G. Pekarsky (Democratic)
Became Law
Kinship foster care; barrier crime waiver; report. Establishes a process by which a local department of social services may apply for a barrier crime waiver on behalf of an individual who has been convicted of a Virginia barrier crime that (i) is not (a) included on the list of federal barrier crimes; (b) a violent felony offense; or (c) an offense requiring registration under the Sex Offender and Crimes Against Minors Registry Act and (ii) does not otherwise fall under a barrier crime exception for foster or adoptive homes for the purpose of approval of the individual's home as a kinship foster home. The bill creates a process by which such a local department of social services may apply to the Department of Social Services for a waiver and for the Department to conduct an assessment of such application. The bill also requires the Department of Social Services to file an annual report by December 1 of each year detailing the specifics of the waiver process to the Senate Committee on Rehabilitation and Social Services and the House Committee on Health and Human Services. This bill is identical to HB 632.
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3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Local boards cannot approve a kinship foster home when a background check shows a listed barrier crime. Approval is only allowed if the person fits one of the specific exceptions already in state law. This rule applies to kinship foster home reviews done by local departments.
The law creates a waiver process for certain barrier crime convictions. Waivers are not allowed for federal barrier crimes, violent felonies, or crimes that require offender registration. Your local department must assess you first and weigh factors like the type and number of crimes, your age then, time since the last offense, links to child safety, proof of rehabilitation, and community views. They must also decide if you can care for the child and if the placement supports the child’s permanency goals. If they find no safety concerns and it is in the child’s best interest, they must apply to the state for your waiver. The state reviews the application and gives a written approval or denial. If your application for a kinship foster home is denied because of a barrier crime, the Department must tell you how to seek a waiver.
The Department of Social Services must write rules to run the waiver program. The first set of rules can be issued without the usual Administrative Process Act steps. The Department must also file a report every year by December 1 on waiver requests and outcomes. The first report is due December 1, 2026.
Stella G. Pekarsky
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 276 • No: 0
House vote • 2/27/2026
Passed House Block Vote
Yes: 96 • No: 0
House vote • 2/24/2026
Reported from Health and Human Services with substitute
Yes: 22 • No: 0
Senate vote • 2/13/2026
Constitutional reading dispensed (on 3rd reading)
Yes: 37 • No: 0
Senate vote • 2/13/2026
Engrossment reconsidered by Senate
Yes: 34 • No: 0
Senate vote • 2/13/2026
Reading of amendment waived (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/13/2026
Senator Pekarsky Amendments #2-4 agreed to
Yes: 0 • No: 0
Senate vote • 2/13/2026
Read third time and passed Senate
Yes: 37 • No: 0
Senate vote • 2/10/2026
Rehabilitation and Social Services Amendments agreed to
Yes: 0 • No: 0
Senate vote • 2/9/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/9/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 40 • No: 0
Senate vote • 2/6/2026
Reported from Rehabilitation and Social Services with amendments
Yes: 10 • No: 0 • Other: 5
Acts of Assembly Chapter text (CHAP0648)
Approved by Governor-Chapter 648 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB305)
Bill text as passed Senate and House (SB305ER)
Enrolled
Signed by President
Signed by Speaker
Fiscal Impact Statement from Department of Planning and Budget (SB305)
Passed House Block Vote (96-Y 0-N 0-A)
committee substitute rejected
Read third time
Read second time
Committee substitute printed 26108574D-H1
Reported from Health and Human Services with substitute (22-Y 0-N)
Fiscal Impact Statement from Department of Planning and Budget (SB305)
Referred to Committee on Health and Human Services
Read first time
Placed on Calendar
Floor offered
Read third time and passed Senate (37-Y 0-N 0-A)
Constitutional reading dispensed (on 3rd reading) (37-Y 0-N 0-A)
Senator Pekarsky Amendments #2-4 agreed to
Reading of amendment waived (Voice Vote)
Chaptered
4/13/2026
Enrolled
3/4/2026
Substitute
2/24/2026
Amendment
2/13/2026
Reengrossed
2/13/2026
Engrossed
2/10/2026
Amendment
2/6/2026
Introduced
1/13/2026
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