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2026 SESSION RECAP: CHILD WELFARE

  • Child Welfare
  • Foster Care
  • Kinship
  • Recap Blog

By Jordan Roberts

Child welfare and family-centered advocacy visual

The Moment

Virginia’s child welfare system exists to protect children and support families during some of the most vulnerable moments in their lives.

At its best, it connects families in crisis to the resources they need, keeps children with relatives who know and love them, and creates accountability when systems fall short. At its worst, it separates children unnecessarily, moves too slowly when safety is at risk, and leaves young people in foster care without the stability and support they deserve.

The 2026 legislative session reflected both of these realities.

This was a year of significant activity and meaningful progress across child welfare policy. Bipartisan coalitions advanced legislation to expand kinship care, strengthen oversight through the Children’s Ombudsman, and address the intersection of substance use and family stability through a public health lens.

At the same time, key bills focused on basic supports for children in foster care did not move forward, not because of disagreement, but because of funding constraints.

That distinction matters. When policy has support but lacks funding, the path forward becomes clear. The work shifts to budget advocacy.

Policy alone does not change outcomes.
Investment is what turns intention into stability for children and families.

This session also made clear that there is strong bipartisan agreement around protecting children and supporting families. Many of the most impactful bills passed with broad or unanimous support, signaling that the foundation for continued progress is already in place.

For a full breakdown of legislation from this session, check out our full bill tracker.


Key Takeaways

This session showed real progress in strengthening systems and accountability, while also highlighting gaps in direct support for children and families.


Strengthening Accountability and Oversight

SB 125 expands the powers and duties of the Children’s Ombudsman and requires reporting on its work.

Why It Matters

The Children’s Ombudsman serves as an independent voice for children and families navigating the child welfare system. Strengthening this office ensures that concerns are investigated, patterns are identified, and the system continues to improve over time.

Expanding Kinship Care

SB 305, HB 632, and HB 1060 expand the use of barrier crime waivers for relatives seeking to become foster caregivers.

Why It Matters

Research consistently shows that children do better when they are placed with family members rather than strangers.

These policies give local agencies more flexibility to make case-by-case decisions, rather than relying on blanket restrictions that can separate children from relatives who are capable of providing safe and stable care.

Addressing Substance Use Through a Public Health Lens

SB 133 and HB 652 direct a study on services available to address parental prenatal substance use.

Why It Matters

This reflects an important shift in approach. Instead of defaulting to punitive responses, the focus is on understanding and strengthening the services families need to stay together and healthy.

Navigating Complex Family Dynamics

HB 942 addresses how authorized substance use is considered in custody and visitation decisions.

Why It Matters

This bill highlights the complexity of balancing child safety with the rights of parents. Getting this balance right is critical to avoiding unnecessary family separation.

System-Level Improvements

Several additional bills will shape how the system operates moving forward:

SB 640, HB 1490, and HB 1366
Establish centralized intake and strengthen state oversight of local departments.

HB 1327
Updates the definition of fictive kin.

HB 1222
Requires recording of child welfare interviews.

HB 224
Establishes processes for determining paternity.

Why It Matters

These changes aim to create more consistency, transparency, and accountability across the system, regardless of where a family lives.

Missed Opportunities in Direct Support

Several important bills did not pass this session:

HB 775
Strengthening legal protections for families in removal and termination proceedings.

HB 76, HB 578, and HB 1174
Foster care supports including luggage, financial protections, and clothing allowances.

HB 1511
Establishing a Fatherhood Initiative.

What stands out is that these bills did not fail due to disagreement on the need. They stalled because of cost.

Progress in child welfare is not just about policy design. It is about whether resources follow.



Impact

Family and community support in everyday life

The child welfare system shapes some of the most critical moments in a young person’s life.

It determines whether a child can stay connected to family.

Whether they move through the system with stability or disruption.

Whether families receive support or face separation.

Policies that expand kinship care and strengthen oversight move the system in the right direction.

But without investments in the day-to-day needs of children in foster care, gaps remain and Virginia’s young people are left without the resources they need to thrive.

When children enter care without basic resources, when families navigate the system without representation, and when support systems are underfunded, outcomes and studies reflect those gaps.

This is where policy meets lived experience, and where meaningful change must begin with real investment.


Looking Ahead

Much of the impact of this session will depend on the final state budget.

Both chambers proposed meaningful investments, including:

  • Funding for legal representation for parents in child dependency proceedings
  • Expanded support for Court Appointed Special Advocates (CASA)

Additional proposals include investments in workforce support and system modernization, though not all were included across both chambers.

Virginia will finalize the budget during the special session beginning April 23.

Looking ahead, several priorities remain clear:

  • Securing funding for foster care supports that did not pass this session
  • Advancing legal representation for parents in child welfare proceedings
  • Strengthening and retaining the child welfare workforce
  • Ensuring successful implementation of centralized intake and oversight systems

These are the next steps required to build on the progress made this year.


What’s Still at Stake

This session showed that Virginia is capable of making meaningful progress in child welfare. But progress without investment has limits. Without funding for essential supports, too many children and families will continue to experience gaps in care, stability, and access to resources. The opportunity now is to match policy momentum with the resources needed to make these changes real.

Virginia has the tools to do more. And the work continues.


Policy. People. Progress.

Stay connected to the work shaping Virginia’s future


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