OCS Admin Memo - 25-09 Changes to the Code of Virginia and State Policy Regarding the Eligibility for Children In Need of Services

Sep 16, 2026

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Administrative Memorandum #25-09 communicates legislative and policy updates affecting eligibility determinations for children identified as CHINS (Children in Need of Services) under Virginia law. It explains 2025 General Assembly amendments that expand the CHINS definition and specify eligibility for CSA state pool funding, effective July 1, 2025. It also outlines the SEC’s repeal of prior Policy 4.1.1, interim documentation requirements, and the role of draft forms and guidance while revised policy proceeds through public comment. Two webinars and attached draft materials are provided for implementation.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Changes Effective July 1, 2025

Legislative Updates to CHINS Eligibility

SEC Policy Repeal and Revised Policy 4.1.1

Interim Documentation Requirements

Draft Forms, Practice Guidance, and Webinars

Scott Reiner, M. S. Executive Director OFFICE OF CHILDREN’S SERVICES Administering the Children’s Services Act Administrative Memorandum \#25-09 To: CPMT Chairs CSA Coordinators From: Kristi Schabo , Senior Policy and Planning Specialist Date: June 16 , 2025 Subject: Changes to the Code of Virginia and State Policy Regarding the Eligibility for Children In Need of Services (CHINS) The 2025 session of the General Assembly (SB801) modified Code of Virginia §2.2-5211 (State pool of funds for community policy and management teams) and §2.2-5212 (Eligibility for state pool of funds) . These changes established youth found to be a CHINS by a Juvenile and Domestic Court or a Family Assessment and Planning Team (FAPT) as an eligible, sum-sufficient population for the Children’s Services Act (CSA) . The General Assembly also passed HB2260, which modified §16 . 1-228 of the Code of Virginia (Definitions) , which expanded the definition of a CHINSto include “a child who remains away from or deserts or abandons his family or lawful custodian during one occasion and is demonstratively at risk of coercion, exploitation, abuse, or manipulation or has been lured from his parent or lawful custodian by means of trickery or misrepresentation or under false pretenses.” These changes are effective on July 1, 2025. At their June 12 , 2025 meeting, the State Executive Council for Children’s Services (SEC) repealed the existing Policy 4.1.1 (Children in Need of Services) and all supplemental related documentation (i.e. , CHINS Eligibility Checklist, CSA Parental Agreement Template, and the Interagency Guidelines on Foster Care Services for Specific CHINS) effective July 1, 2025. The SEC approved a revised Policy 4.1.1 for public comment. The revised policy is subject to the SEC’s Public Participation in Policy-Making Actions policy (Policy 2 .4) . This policy requires at least two periods for public comment, an initial 45-day window and a subsequent 60-day window. The repeal of the existing Policy 4.1.1 leaves a temporary resource gap as the revised policy progresses through the SEC’s policy-making process. Local CSA programs are still required to document eligibility for youth who are found eligible as a CHINS. Although the proposed Policy 4.1.1 and accompanying guidance documents have not been fully approved by the SEC, the draft policy does include a Documentation of CHINS Eligibility form (Appendix A) that provides adequate documentation of a youth’s eligibility as a CHINS and also contains the changes made to the CHINS definition in §16 .1-228. FAPTs must document a youth’s eligibility as a CHINS. While there is currently no requirement to utilize any of the supporting documents that accompany the revised Policy 4.1.1 while it is in the policy-making process , it is permissible for localities to use the draft supporting documentation to ensure the required documentation of a youth’s eligibility in the interim. A revised CSA Parental Agreement template is also part of the SEC review process. A CHINS Practice Guidelines document is also available. OCS will hold two (identical) webinars on this topicon June 18 , 2025 , at 2:00 PM and June 26 , 2025 , at 1:00 PM. Notice of these events has been distributed separately along with the registration process. A copy of the draft policy and supporting documents is attached to this Administrative Memo. Please direct any questions related to the content of this memo to Kristi Schabo ( [kristi.schabo@csa.virginia.gov](kristi.schabo@csa.virginia.gov) ) . Attachments

FAQs

What legislative changes affect CHINS eligibility under the Children’s Services Act?

The 2025 General Assembly modified Virginia Code sections §2.2-5211 and §2.2-5212 to make youth found CHINS by a Juvenile and Domestic Court or FAPT eligible for CSA state pool funding. It also expanded the CHINS definition in §16.1-228 to include additional circumstances involving desertion/abandonment and demonstrated risk.

When do the CHINS definition and eligibility changes take effect?

The changes are effective on July 1, 2025.

What happens to existing Policy 4.1.1 during the SEC’s policy-making process?

On June 12, 2025 the SEC repealed the existing Policy 4.1.1 and related supplemental documentation effective July 1, 2025. A revised Policy 4.1.1 is released for public comment with an initial 45-day period and a subsequent 60-day window, creating a temporary documentation gap addressed through draft materials.

How should local CSA programs document eligibility while the revised policy is pending approval?

Local CSA programs are still required to document eligibility for youth found eligible as CHINS. Even though supporting documents for the revised Policy 4.1.1 are not fully approved yet, localities may use the draft supporting documentation in the interim, including the Documentation of CHINS Eligibility form (Appendix A).

Sep 16, 2026

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