Relating to temporary increase in payment to kinship parent

SB 544 Text

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Senate Bill 544 History

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WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 544
By Senators Deeds, Grady, M. Maynard, Roberts, Tarr, and Rucker
[Reported January 23, 2026, from the Committee on Health and Human Resources]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §49-2-815, relating to the temporary increase in subsidy payment to a kinship parent; requiring background check; requiring home screening; requiring Department of Human Services to provide a list of child-placing agencies; setting forth time frames; and providing authority for department to conduct background check.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN
.

§49-2-815. Temporary increase in kinship payment subsidy.

(a)
Temporary increase in subsidy amount
— Notwithstanding any other provision to the contrary, a kinship parent shall be eligible for a temporary increase in the subsidy amounts equal to that of the foster parent subsidy if at the time of initial placement, the following conditions are satisfied:
(1) The kinship parent shall submit to state and national criminal history record check which shall be submitted within five days of the initial date of placement;
(2) The kinship parent shall pass the state and national criminal history record check;
(3) The kinship placement shall pass an initial home screening to identify and to correct fatal life safety issues; and
(4) The Department of Human Services shall provide a list of available child placing agencies to the kinship parents that can assist them with obtaining certification as a foster parent and compliance with all other aspects of certification.
(b)
Time frame for temporary increase
— The temporary increase in subsidy amounts shall become payable to the kinship parent within 30 days of the initial kinship placement and will continue for a period of no more than six months at the temporary rate to allow the kinship parent to become certified. The subsidy will be payable to the kinship placement each month on the first business day of the month. If the kinship parent is unable or unwilling to become certified at the end of the six-month period, the temporary increase will be removed and is no longer payable.
(c)
Authority to conduct background check
. — The Department of Human Services is hereby authorized to conduct a state and national criminal history criminal record check as set forth in this section, including:
(1) Submitting fingerprints for the purposes set forth in this subsection; and
(2) Authorizing the board, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for the kinship placement.
(d) The results of the state and national criminal history record check may not be released to or by a private entity except:
(1) To the individual who is the subject of the criminal history record check;
(2) With the written authorization of the individual who is the subject of the criminal history record check; or
(3) Pursuant to a court order.
(e) The criminal history record check and related records are not public records for the purposes of §29B-1-1
et seq.
of this code.
(f) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the initial placement for prompt processing of the temporary increase in the kinship subsidy.
(g) The kinship parent shall pay the actual costs of the fingerprinting and criminal history record check.

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