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2024 SESSION

24101609D
SENATE BILL NO. 40
Offered January 10, 2024
Prefiled December 18, 2023
A BILL to direct the State Board of Social Services to amend its regulations regarding the application for and use of foster care benefits.
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Patrons-- Favola and Carroll Foy
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. § 1. That the State Board of Social Services (the Board) shall amend its regulations by January 1, 2025, to (i) require local departments of social services to apply for federal benefits on behalf of children in foster care that they may be eligible for, (ii) prohibit the use of federal benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) require local departments of social services that are representative payees for children in foster care to conserve such federal benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits, such as an Achieving a Better Life Experience account. The Board's initial adoption of regulations necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the Board shall provide an opportunity for public comment on such regulations prior to adoption.