RICHMOND, VA. — (Updated on April 8, 2026) Shineforth Child & Family Services celebrates House Bill 632 | Senate Bill 305, which was signed into law by Gov. Abigail Spanberger on April 6, and will take effect on July 1. The law creates potential pathways for Virginians who were charged in the past with minor, non-violent offenses to be granted the opportunity to become foster parents to relatives who are in foster care.
“Virginia currently has some of the strictest barrier crime laws, preventing many otherwise qualified relatives from becoming foster parents,” said Shineforth Vice President of Program Innovation & External Affairs Nina Marino, MSW, LCSW (pictured). “As a result, children may be placed with strangers or moved far from their communities, even when relatives are willing to care for them. A decades-old, non-violent or misdemeanor offense should not automatically disqualify someone from raising a child.”
When enacted, the law will allow local departments of social services to consider waivers for potential foster parents who previously committed barrier crimes. Each case will be assessed holistically to determine if past offenses impact current child safety. The new parameters don’t guarantee barrier crimes waivers; rather, they standardize kinship assessment criteria for the Virginia Department of Social Services
The newly passed kinship care reforms ultimately pave the way for more young people in foster care to be placed with relative. Specifically, the law enable kinship families to receive much-needed resources and support and helps more grandparents, siblings, cousins, aunts, uncles, and other relatives to become certified foster parents in Virginia.
Shineforth wishes to extend since gratitude to Del. Katrina Callsen (D-54) Sen. Stella Pekarsky (D-36) for sponsoring the legislation and to Governor Spanberger for signing the bill. Shineforth also wishes to thank the Virginia Department of Social Services for its technical support and the Virginia League of Social Services Executives.
About HB 632 + SB 305
Kinship foster care; barrier crime waiver. 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 is not included on the list of federal barrier crimes and 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.
HB 632 | Passed on February 5, 2026 | Click for full details
SB 305 | Passed on February 6, 2026 | Click for full details
Click here to watch the House Social Services subcommittee from Thursday, Feb. 5.
Kinship Reform Q&A with Shineforth’s Vice President of Program Innovation & External Affairs, Nina Marino, MSW, LCSW
- How might the passage of SB305/HB 632 improve the foster care experience for Virginia’s youth?
- Research indicates that youth placed with relatives experience more favorable outcomes compared to those placed with non-relatives. These benefits are attributed to greater placement stability, maintained familial relationships, and expedited transitions out of foster care toward permanency. The enactment of SB 305 and HB 632 enhances opportunities for more youth to reside with their family members.
- What’s the future of kinship care in Virginia, and what other enhancements are child welfare professionals advocating for?
- The future of kinship care in Virginia is to continue efforts to place as many youth in foster care with relatives as a first placement. VA has made huge strides in this area over the past several years, but we are still short of the national average of 35% of youth in foster care living with relatives. There will be more work in future years to continue to reduce barriers to placing youth with relatives.
- With SB305/HB 632 having passed into law, what are the implications for Virginia’s foster care system moving forward.
- SB 306 and HB 632 would allow local social services departments to consider waivers for barrier crimes, assessing each case holistically to determine if past offenses impact current child safety or suitability for placement. This legislation does not guarantee waivers but creates an assessment pathway with the VA Department of Social Services based on defined criteria.
* Below is an earlier version of this story, which was published on February 5, 2026 *
RICHMOND, VA. — Shineforth Child & Family Services was pleased to see that HB 632 | SB 305 kinship foster care; barrier crime waiver passed committee hearings on February 5 and February 6, respectively. Once signed into law, more relatives in Virginia who were charged in the past with misdemeanors and non-violent felonies will be granted the opportunity to become foster parents.
Shineforth wishes to extend since gratitude to Del. Katrina Callsen (D-54) Sen. Stella Pekarsky (D-36) for sponsoring the kinship care; barrier crime waiver. Shineforth also wishes to thank Virginia Department of Social Services for its technical support.
“Virginia’s extensive barrier crime list includes many nonviolent and misdemeanor offenses,” said Vice President of Program Innovation & External Affairs Nina Marino, MSW, LCSW (pictured). “A decades-old charge unrelated to child safety should not automatically disqualify a grandparent, an aunt, or an uncle from caring for a child they know.”
There are more than 5,500 children and teens in foster care in Virginia. When it’s appropriate and safe, children in care should be placed with family. Doing so promotes better outcomes, including seven fewer months in the foster care system and increased permanency, compared to placements with non-relative foster placements.
“Over the past two years, at least 118 families [in Virginia] were deemed ineligible to care for their relatives due to past barrier crimes,” Marino said. “But the true count is much higher, because many families don’t go through the process once they learn about the barrier crime list.”