# Virginia SB305: Kinship foster care; barrier crime waiver, report.

Virginia SB305, Kinship foster care; barrier crime waiver, report., is a 2026 Regular Session Senate bill sponsored by Stella G. Pekarsky (Democratic); status signed, last action 2026-04-13 (Acts of Assembly Chapter text (CHAP0648)); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-SB305-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB305
- State: Virginia
- Session: 2026 Regular Session
- Title: Kinship foster care; barrier crime waiver, report.
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-13
- Last action: 2026-04-13, Acts of Assembly Chapter text (CHAP0648)
- Sponsor: Stella G. Pekarsky (Democratic)
- Cosponsors: 0
- Touches household money: yes
- Roll calls: 11 (276 yes, 0 no in all)
- Economic provisions PRIA read: 3

## 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.

## Bill overview: provisions PRIA read

- Waiver path for some kinship caregivers: benefit, medium. 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…
- Rules and annual reports on waivers: benefit, low. 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,…
- Kinship foster approval blocked for some crimes: cost, high. 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.

## Sponsors and cosponsors

- Sponsor: Stella G. Pekarsky (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-02-27 | House | Passed House Block Vote | pass | 96 | 0 |   |
| 2026-02-24 | House | Reported from Health and Human Services with substitute | pass | 22 | 0 |   |
| 2026-02-13 | Senate | Senator Pekarsky Amendments #2-4 agreed to | pass | 0 | 0 |   |
| 2026-02-13 | Senate | Reading of amendment waived (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-13 | Senate | Engrossment reconsidered by Senate | pass | 34 | 0 |   |
| 2026-02-13 | Senate | Read third time and passed Senate | pass | 37 | 0 |   |
| 2026-02-13 | Senate | Constitutional reading dispensed (on 3rd reading) | pass | 37 | 0 |   |
| 2026-02-10 | Senate | Rehabilitation and Social Services Amendments agreed to | pass | 0 | 0 |   |
| 2026-02-09 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-09 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 |   |
| 2026-02-06 | Senate | Reported from Rehabilitation and Social Services with amendments | pass | 10 | 0 | 5 |

## Actions (44)

- 2026-04-13: Acts of Assembly Chapter text (CHAP0648) (Governor)
- 2026-04-13: Approved by Governor-Chapter 648 (effective 7/1/2026) (Governor)
- 2026-03-10: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor)
- 2026-03-10: Enrolled Bill communicated to Governor on March 10, 2026 (Senate)
- 2026-03-04: Fiscal Impact Statement from Department of Planning and Budget (SB305) (Senate)
- 2026-03-04: Bill text as passed Senate and House (SB305ER) (Senate)
- 2026-03-04: Enrolled (Senate)
- 2026-03-04: Signed by President (Senate)
- 2026-03-04: Signed by Speaker (House)
- 2026-02-27: Fiscal Impact Statement from Department of Planning and Budget (SB305) (Senate)
- 2026-02-27: Passed House Block Vote (96-Y 0-N 0-A) (House)
- 2026-02-27: committee substitute rejected (House)
- 2026-02-27: Read third time (House)
- 2026-02-26: Read second time (House)
- 2026-02-24: Committee substitute printed 26108574D-H1 (House)
- 2026-02-24: Reported from Health and Human Services with substitute (22-Y 0-N) (House)
- 2026-02-18: Fiscal Impact Statement from Department of Planning and Budget (SB305) (Senate)
- 2026-02-18: Referred to Committee on Health and Human Services (House)
- 2026-02-18: Read first time (House)
- 2026-02-18: Placed on Calendar (House)
- 2026-02-13: Floor offered (Senate)
- 2026-02-13: Read third time and passed Senate (37-Y 0-N 0-A) (Senate)
- 2026-02-13: Constitutional reading dispensed (on 3rd reading) (37-Y 0-N 0-A) (Senate)
- 2026-02-13: Senator Pekarsky Amendments #2-4 agreed to (Senate)
- 2026-02-13: Reading of amendment waived (Voice Vote) (Senate)
- 2026-02-13: Engrossment reconsidered by Senate (Senate)
- 2026-02-13: Rules suspended (Senate)
- 2026-02-13: Reengrossed by Senate as amended (Senate)
- 2026-02-13: Senator Pekarsky Amendments withdrawn (Senate)
- 2026-02-12: Passed by for the day (Senate)
- 2026-02-12: Read third time (Senate)
- 2026-02-11: Passed by for the day (Senate)
- 2026-02-10: Rehabilitation and Social Services Amendments agreed to (Senate)
- 2026-02-10: Engrossed by Senate as amended (Voice Vote) (Senate)
- 2026-02-10: Read second time (Senate)
- 2026-02-09: Passed by for the day Block Vote (Voice Vote) (Senate)
- 2026-02-09: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate)
- 2026-02-09: Passed by for the day (Senate)
- 2026-02-09: Rules suspended (Senate)
- 2026-02-06: Senate committee offered (Senate)
- 2026-02-06: Reported from Rehabilitation and Social Services with amendments (10-Y 0-N 5-A) (Senate)
- 2026-01-28: Fiscal Impact Statement from Department of Planning and Budget (SB305) (Senate)
- 2026-01-13: Referred to Committee on Rehabilitation and Social Services (Senate)
- 2026-01-13: Prefiled and ordered printed; Offered 01-14-2026 26104727D (Senate)

## Bill text

- Chaptered, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1221562.HTML), [PDF](https://lis.blob.core.windows.net/files/1221561.PDF)
- Enrolled, 2026-03-04: [HTML](https://lis.blob.core.windows.net/files/1188217.HTML), [PDF](https://lis.blob.core.windows.net/files/1188216.PDF)
- Substitute, 2026-02-24: [HTML](https://lis.blob.core.windows.net/files/1178129.HTML), [PDF](https://lis.blob.core.windows.net/files/1178128.PDF)
- Amendment, 2026-02-13: [HTML](https://lis.blob.core.windows.net/files/1147949.HTML)
- Reengrossed, 2026-02-13: [HTML](https://lis.blob.core.windows.net/files/1147976.HTML), [PDF](https://lis.blob.core.windows.net/files/1147975.PDF)
- Engrossed, 2026-02-10: [HTML](https://lis.blob.core.windows.net/files/1136362.HTML), [PDF](https://lis.blob.core.windows.net/files/1136361.PDF)
- Amendment, 2026-02-06: [HTML](https://lis.blob.core.windows.net/files/1133324.HTML), [HTML](https://lis.blob.core.windows.net/files/1132330.HTML)
- Introduced, 2026-01-13: [HTML](https://lis.blob.core.windows.net/files/1088848.HTML), [PDF](https://lis.blob.core.windows.net/files/1088847.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1221562.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1221561.PDF)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1188217.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1188216.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1178129.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1178128.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1147949.HTML)
- [Reengrossed (HTML)](https://lis.blob.core.windows.net/files/1147976.HTML)
- [Reengrossed (PDF)](https://lis.blob.core.windows.net/files/1147975.PDF)
- [Engrossed (HTML)](https://lis.blob.core.windows.net/files/1136362.HTML)
- [Engrossed (PDF)](https://lis.blob.core.windows.net/files/1136361.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1133324.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1132330.HTML)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1088848.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1088847.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-SB305-2026 (as of 2026-10-12).