Text Size:
Back to Virginia Law Help home page
Text Size:
Kinship Care and Placement Options in Virginia CPS Cases | Virginia Law Help

Kinship Care and Placement Options in Virginia CPS Cases

Read this in: Español

Reviewed by: Valerie L'Herrou, Anna Daniszewski

If someone reports that your child may be abused or neglected, Child Protective Services (CPS) will respond. Child Protective Services (CPS) is part of your local Department of Social Services (DSS).

If CPS says your child cannot stay with you right now, a family member or trusted adult close to your family may be able to care for your child during this time. This is called kinship care. It keeps your child connected to people who know and love them.

Kinship care can take several different forms, and the differences matter. Even if your goal is to get your child home, you have the right to ask that your child be placed with a specific person you trust while that process plays out. Talk with your lawyer to understand all of your options and how they affect your goals for your family.

Free legal help is available: 

What are the different types of kinship care? 

Informal kinship care

If you are having trouble caring for your child, and you ask a relative or close friend to care for your child, this is known as “informal kinship care.” 

It is a good idea to enter into a "power of lawyer" agreement with the relative, so they can seek medical care for the child, or enroll them in school if necessary. 

Once you make changes in your life and living situation, you can then bring the child home. Be aware: sometimes relatives will go to court and get a custody order. Then, you may have to file a petition in court to get your child back. Read more: Child Custody and Visitation in Virginia.

Kinship care through a "safety plan" or "Parental Child Safety Placement Agreement" 

If CPS decides not to file in court to remove your child, they may ask you to sign a Safety Plan or a Parental Child Safety Placement Agreement to have your child stay with a relative or trusted adult temporarily. This is explained in more detail below.

Relative or kinship foster care during a court case

If the court removes your child from your care and gives legal custody to DSS, a relative or trusted adult can become an approved foster home for your child. This means:

  • DSS stays involved in your case and provides services to you and your child.
  • DSS is still required to work toward returning your child to you.
  • The relative or trusted adult can receive financial assistance from DSS to help care for your child.
  • A judge continues to oversee the case.

Not everyone can qualify as a foster home. Certain criminal convictions or prior CPS history may disqualify someone, depending on how serious they were and how long ago they happened. DSS staff will consider these and may apply for a waiver of the rules. If the relative is denied the opportunity to become a foster home for their kin child, the relative may appeal that decision. Ask the foster care worker for a copy of the appeals form.

One important thing to know: any time your child is in foster care, even with a relative, the case is on a legal timeline. DSS may file to terminate your parental rights if the case goes on for roughly one to two years. DSS is not required to file to terminate your rights if a relative is caring for your child, but they still can.

 

Algo importante que debe saber: cada vez que su hijo está en cuidado tutelar, incluso con un familiar, el caso sigue un plazo legal. DSS puede presentar una solicitud para terminar sus derechos parentales si el caso continúa por aproximadamente uno o dos años. DSS no está obligado a presentar una solicitud para terminar sus derechos si un familiar está cuidando a su hijo, pero aun así puede hacerlo. 

Custody with a relative or trusted adult

The court can also grant custody of your child to a relative or trusted adult, either temporarily during the case or as a final outcome. A final custody order lasts until your child turns 18, unless it is amended.

If the court enters a final custody order granting custody to a relative, it ends the court case and usually ends DSS's active involvement. This means DSS services for the child and caregiver may stop.

Kinship caregivers do have access to supports for a child. The child may be eligible for TANF, SNAP, and child care assistance. If the child was in foster care, Virginia has two programs that allow financial assistance to continue when custody of the child is transferred from the DSS to the relative. These programs are called KinGAP. DSS is supposed to explain KinGAP to you before you take custody of the child, but this does not always happen, so be sure to ask about it. Check if KinGAP or other resources might be available for your family.

If a court grants custody to the relative, this means all your parental rights were not terminated. That matters. You and your child still have certain rights to each other:

  • You can later ask the court to change the custody or visitation arrangement.
  • Relatives whose connection to your child comes through you, like siblings or grandparents, still have the right to ask for visits or custody.
  • You can usually access your child's records.
  • Your child can inherit from you.

If returning home does not seem possible and you have a good relationship with the relative who has your child, a final custody order may let you maintain your relationship and work things out privately, without DSS's ongoing involvement.

What is a Parental Child Safety Placement Agreement? 

A Parental Child Safety Placement Agreement is a written agreement between you, your local DSS, and a relative or trusted adult to have your child live with that person temporarily. You have to agree to sign it. CPS cannot force you, but if you do not sign it, they may petition the court to remove your child to foster care.

This typically happens before a court case begins. If CPS investigates a report and decides your child cannot safely stay with you, they may offer a placement agreement instead of going to court. It is an alternative to a judge issuing a removal order or placing your child in foster care.

Going to court carries risks, but it also comes with protections: a judge oversees what happens and you have the right to a free lawyer. A placement agreement does not come with those protections. It is important to understand what you are signing before you do.

How long does the agreement last? 

Agreements can last up to 90 days and can be extended up to 90 more days in some cases. The agreement must include a date when the placement ends. Anyone, including you, can end the agreement at any time for any reason, and your child will come back to you. However, if DSS believes it is not safe for your child to return, they can go to court to get a removal order.

What happens when the agreement ends? 

When the 90 days are up, DSS must reassess the situation. They can:

  • Decide it is safe for your child to come home, and work with you and the caregiver on a return plan.
  • Return your child, with a condition that you continue receiving services.
  • Extend the agreement for up to 90 more days.
  • Decide your child cannot come home and file a case in court.
  • File for a "Child Protective Order" so your child can come home while you must follow certain rules or be found in contempt of court. A court may put you in jail if you violate the order.

What must the agreement include? 

The agreement must spell out:

  • Why your child cannot safely stay with you right now.
  • What you and the caregiver are each responsible for, including how the caregiver will get your child medical, mental health, and educational services.
  • How and when visits will happen, and how else you can contact your child.
  • What DSS is responsible for, including services for you, your child, and the caregiver.

The agreement must state that by signing, you are not admitting to abusing or neglecting your child. Even so, the agreement can be used against you later. 

Read everything carefully. If you disagree with any part of it, or do not think you can fully comply, ask DSS to reword it. 

If something is not relevant to your situation, ask DSS to take it out. 

You can also ask to add things, including services or responsibilities for DSS that are not already listed. The agreement is meant to hold DSS accountable too, so make sure anything they are supposed to do or pay for is written in.

You do not have to sign on the spot. The agreement must state that you have the right to seek legal advice first. Because there is no court case, you do not have the right to a free lawyer. Some legal aid organizations can help, and you can get a $35 consultation through the Virginia Lawyer Referral Service or ask a question at VA Free Legal Answers.

If you believe DSS is not handling your placement agreement properly, you can file a complaint with the Office of the Child's Ombudsman. This office investigates DSS practices and makes recommendations. It does not have authority over the courts, but it can address DSS's conduct.

Where can I find legal help?

Was this information helpful?