VirginiaSB3052026 Regular SessionSenateWALLET

Kinship foster care; barrier crime waiver, report.

Sponsored By: Stella G. Pekarsky (Democratic)

Became Law

Summary

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.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Kinship foster approval blocked for some crimes

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.

Waiver path for some kinship caregivers

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.

Rules and annual reports on waivers

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.

Sponsors & Cosponsors

Sponsor

  • Stella G. Pekarsky

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0648)

    4/13/2026Governor
  2. Approved by Governor-Chapter 648 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB305)

    3/4/2026Senate
  6. Bill text as passed Senate and House (SB305ER)

    3/4/2026Senate
  7. Enrolled

    3/4/2026Senate
  8. Signed by President

    3/4/2026Senate
  9. Signed by Speaker

    3/4/2026House
  10. Fiscal Impact Statement from Department of Planning and Budget (SB305)

    2/27/2026Senate
  11. Passed House Block Vote (96-Y 0-N 0-A)

    2/27/2026House
  12. committee substitute rejected

    2/27/2026House
  13. Read third time

    2/27/2026House
  14. Read second time

    2/26/2026House
  15. Committee substitute printed 26108574D-H1

    2/24/2026House
  16. Reported from Health and Human Services with substitute (22-Y 0-N)

    2/24/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB305)

    2/18/2026Senate
  18. Referred to Committee on Health and Human Services

    2/18/2026House
  19. Read first time

    2/18/2026House
  20. Placed on Calendar

    2/18/2026House
  21. Floor offered

    2/13/2026Senate
  22. Read third time and passed Senate (37-Y 0-N 0-A)

    2/13/2026Senate
  23. Constitutional reading dispensed (on 3rd reading) (37-Y 0-N 0-A)

    2/13/2026Senate
  24. Senator Pekarsky Amendments #2-4 agreed to

    2/13/2026Senate
  25. Reading of amendment waived (Voice Vote)

    2/13/2026Senate

Bill Text

Related Bills

Back to State Legislation