SB 305 Virginia Senate · 2026 Regular Session

Kinship foster care; barrier crime waiver, report.

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 status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Health and Human Services Substitute Chaptered · 3 edits
MINOR
The bill was approved and chaptered into law, formally enacting the new section on barrier crime waivers for kinship foster parents. The most significant substantive change is the addition of a new requirement for the Department of Social Services to file an annual report detailing waiver statistics and outcomes to specific legislative committees, starting in 2026. The text of the waiver process itself remains largely unchanged, though minor formatting adjustments were made to the legal citation.
Scope change
The bill's scope remains focused on kinship foster care eligibility and the waiver process for barrier crimes; no new populations or geographic areas were added.
REQUIREMENT

Added a mandatory annual reporting requirement for the Department of Social Services to submit waiver statistics and summaries to the Senate and House committees by December 1 of each year.

TECHNICAL

Converted the document from a House substitute amendment to a formally chaptered act of the Virginia General Assembly.

Adjusted the legal text to include specific exclusions for violent felonies and sex offender registration offenses within the barrier crime waiver criteria.

Floor votes · Senate Feb 9, 2026 · House of Delegates Feb 27, 2026

How they voted

390
Passed
Total votes 39
Feb 9, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
44
Key actions
15
Committee
5
Amendments
7
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 648 (effective 7/1/2026)
executive
Mar 4, 2026
Upper · Passed
Signed by President
upper
Mar 4, 2026
Lower · Passed
Signed by Speaker
lower
Mar 4, 2026
Upper · Passed
Bill text as passed Senate and House (SB305ER)
upper
Feb 27, 2026
Lower · Passed
Passed House (96-Y 0-N 0-A)
lower
Feb 24, 2026
Lower · Passed
Reported from Health and Human Services with substitute (22-Y 0-N)
lower
Feb 18, 2026
Committee
Referred to Committee on Health and Human Services
lower
Feb 13, 2026
Upper · Passed
Read third time and passed Senate (37-Y 0-N 0-A)
upper
Feb 13, 2026
Introduced
Reengrossed by Senate as amended
upper
Feb 13, 2026
Upper · Passed
Senator Pekarsky Amendments #2-4 agreed to
upper
Feb 13, 2026
Introduced
Reading of amendment waived (Voice Vote)
upper
Feb 13, 2026
Amended
Senator Pekarsky Amendments withdrawn
upper
Feb 13, 2026
Introduced
Floor offered Senator Pekarsky Amendments
upper
Feb 12, 2026
Upper · Passed
Passed by for the day
upper
Feb 11, 2026
Upper · Passed
Passed by for the day
upper
Feb 10, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 10, 2026
Upper · Passed
Rehabilitation and Social Services Amendments agreed to
upper
Feb 9, 2026
Upper · Passed
Passed by for the day
upper
Feb 9, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Feb 6, 2026
Upper · Passed
Reported from Rehabilitation and Social Services with amendments (10-Y 0-N 5-A)
upper
Feb 6, 2026
Upper · Passed
Senate committee offered
upper
Jan 13, 2026
Committee
Referred to Committee on Rehabilitation and Social Services
upper
1 primary · 1 co-sponsor

Sponsors