CHAPTER 648
An Act to amend the Code of Virginia by adding a section numbered 63.2-901.2 , relating to kinship foster care; barrier crime waiver.
[S 305]
Approved April 13, 2026
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 63.2-901.2 as follows:
§ 63.2-901.2 . Barrier crime waivers for kinship foster parents.
A. No local board shall approve a kinship foster home, as permitted pursuant to 63.2-900.1 , if any individual's background check conducted pursuant to § 63.2-901.1 returns a conviction for a barrier crime as defined in § 19.2-392.02 and the individual does not meet the exceptions in subsection E, F, or G of § 63.2-901.1 or subsection G or H of § 63.2-1721 . However, if an individual or adult household member has been convicted of a barrier crime as defined in § 19.2-392.02 that is not (i) identified as a federal barrier crime pursuant to 42 U.S.C. § 671(a)(20); (ii) a violent felony offense as defined in subsection C of § 17.1-805 ; or (iii) an offense requiring registration pursuant to § 9.1-902 , the local department may apply to the Department on behalf of such individual for a barrier crime waiver.
B. Upon completion of a background check pursuant to § 63.2-901.1 for which a kinship foster home is rejected due to an individual's conviction for a barrier crime as defined in § 19.2-392.02 , the Department shall provide information on the process for applying for a barrier crime waiver pursuant to this section with the notification of rejection.
C. In evaluating whether to submit an application for a barrier crime waiver pursuant to subsection A, the local department shall consider the following factors:
1. The type of crime for which the individual was convicted;