Bill Explainer: SB 56 – Foster Care Prevention Program (Senator Favola)
Posted: - By:Allison Gilbreath
Senator Favola, Chair of the Senate Committee on Rehabilitation and Social Services, has introduced SB 56 to create a foster care prevention program in Virginia. The purpose of the program is to facilitate placements with relatives and ensure that these relatives are provided with the resources necessary to care for the children. Virginia has significantly increased kinship placements in the past few years, going from 5 percent of overall placements in 2016 to 18 percent in 2021 with the national average being around 30 percent. These increased placements have occurred because of several advancements such as, the creation of the kinship guardianship assistance program, creation of a kinship only TANF financial assistance fund, and kin first guidance from the Virginia Department of Social Services. The bill passed unanimously out of committee and is now waiting to be picked up in Senate Finance where the financial impact of the bill will be reviewed.
The bill would do the following:
A child is considered eligible for the foster care prevention program if:
The child is in the custody of a relative by a court order; The child’s parent or guardian voluntarily placed the child with such relative; The child demonstrates a strong attachment to the relative, and the relative has a strong commitment to caring for the child; and Had the relative not agreed to take custody of the child, the local department likely would have filed a petition with the court to remove the child from the home of his parent or guardian due to an imminent threat of child abuse or neglect
If a child is deemed eligible, the local department and the relative who has custody of an eligible child will enter into a written agreement with the Department. The agreement will include provisions regarding the amount of each Foster Care Prevention program payment. In addition, the local department will determine if the kin, in addition to financial assistance, needs ongoing case management services.
Foster Care Prevention program payments will be no more than the foster care maintenance payments that the relative would receive if the relative was the child’s foster parent, reduced by any monthly payments received through the Temporary Assistance for Needy Families program.
*For purposes of this section, “relative” means an adult who is either related to the child by blood, marriage, adoption or fictive kin of the child.*
How to Show Your Support
While we await the estimated cost of the program to be generated, we want to make sure legislators know individuals are in support of the proposed program.
