GOVERNOR'S VETO

Virginia's foster care policy strives to preserve families and require family members be considered first when out-of home placements are sought. Research shows that diverting children from the foster care system to family members for temporarily care produces the best outcomes for these children. However, an informal custody arrangement is legally questionable.

I offered an amendment to SB 217 that in cases of an informal kinship arrangement, local school divisions may require that the adult caregiver obtain a court order, rather than rely on a power of attorney, to provide adequate assurance for the schools that the child is being enrolled for appropriate reasons. Virginia law only allows custody and parenting authority to be legally transferred via a court order, except in very limited circumstances. School divisions must have assurance that the adult enrolling the child has legal authority to make educational decisions for that child. The school divisions should be able to assure that it does not become entangled in conflicts regarding custody disputes after a kinship care arrangement is finalized.

A power of attorney may be revoked at any time. A court order may only be modified by a judge. Given the often fluid and tragic circumstances that typically generate kinship custody arrangements, a court order provides children and families with the stability, certainty and oversight to ensure that kinship arrangements are necessary or appropriate in light of changing circumstances while protecting Virginia's school divisions from being entangled in custody disputes.

This issue was studied extensively by the Commission on Youth, and its recommendation was to have the State Executive Council for Comprehensive Services for At-Risk Youth and Families develop a plan to ensure school stability for children in out-of-home care, including children in formal and informal kinship care arrangements. After extensive study, the Commission was unable to reach consensus on this complicated issue and the Commission did not endorse any legislation for the 2012 Session.

The Commission on Youth has created a Kinship Care Advisory Group to examine the broader policy implications of kinship care this year. This group will review Virginia law as well as policies and practices to ensure kinship care is a viable placement option for children when the family is in crisis.

Accordingly, I veto this bill.

GOVERNOR'S RECOMMENDATION

1. Line 26, enrolled, after as well as a

strike

power of attorney

insert

court order