TITLE 63.2. WELFARE (SOCIAL SERVICES).
§ 63.2-100. See § 16.1-228; HB 1041.
§ 63.2-100. See § 16.1-228; SB 114.
§ 63.2-100 amended; § 63.2-905.1 added.
Independent living services. Provides local departments of social services with statutory authorization to provide independent living services to persons between 18 and 21 years of age in order to help them transition from foster care to self-sufficiency. Currently, there is no state or federal law against providing such services, and this bill serves to codify the existing policy of allowing local departments to do so, if they choose. Consistent with this intent, the bill adds the provision of independent living services to persons between 18 and 21 years of age who are transitioning out of foster care to the services that may be provided by a children's residential facility. HB 1109; CH. 196.
§ 63.2-100 amended; § 63.2-913 added.
Subsidized custody of children living with relative caregivers. Directs the Department of Social Services to establish a subsidized custody program for the benefit of children in the custody of a local board of social services on or after July 1, 2004, who are living with relative caregivers and for whom reunification with their natural parents and adoption by relatives are ruled out as placement options. A relative caregiver means a person, other than a natural parent, to whom the child is related by blood, marriage, or adoption. A relative caregiver shall obtain legal custody over such child. Within the limitations of federal funding and the subsidized custody appropriation to the Department, the subsidized custody program shall include (i) a one-time special-need payment, which shall be a lump sum payment for expenses resulting from the assumption of care of the child, (ii) services for the child, including but not limited to, short-term casework, information and referral, and crisis intervention, and (iii) a maintenance subsidy that shall be payable monthly to the relative caregiver equal to the prevailing foster care rate. The Department may establish an asset test for eligibility under the program. The subsidized custody payment shall be made pursuant to a subsidized custody agreement entered into between the local board and the relative caregiver. The relative caregiver receiving a custody subsidy shall submit annually to the local department a sworn statement that the child is still living with and receiving support from the relative. The parent of any child receiving assistance through the subsidized custody program shall remain liable for the support of the child. The bill requires the State Board of Social Services to promulgate emergency regulations and the Department to seek all federal waivers. The final enactment clause states the act shall not become effective unless federal funds are made available through a federal Title IV-E waiver and an appropriation of funds effectuating the purposes of the act is included in the biennial budget passed by the 2004 General Assembly and signed into law by the Governor. SB 35; CH. 814.
§§ 63.2-100 and 63.2-900 amended.
Kinship care. Defines the practice of kinship care as the full-time care, nurturing, and protection of children by relatives. The bill requires a local board of social services to seek out kinship care options to keep children out of foster care and as a placement option for those children in foster care, if it is in the child's best interest. SB 78; CH. 70.
§§ 63.2-105 and 63.2-1503 amended.
Child abuse and neglect; multidisciplinary investigation teams. Enables local social services departments to develop multidisciplinary teams to provide consultation to the local department during the investigation of selected cases involving child abuse or neglect and make recommendations regarding the prosecution of such cases. The teams may include members of the medical, mental health, legal and law-enforcement professions, including the attorney for the Commonwealth or his designee, a local child-protective services representative, and the guardian ad litem or other court-appointed advocate for the child. The bill also contains provisions regarding the confidentiality of information exchanged during such consultation. HB 420; CH. 220/SB 429; CH. 114
§ 63.2-219 amended.
Grievance procedures of state and local social services employees. Changes the law by requiring the application of locally adopted grievance procedures to local social services employees. Currently, the state grievance procedures apply to state and local social services employees, unless a locality chooses to apply local procedures. SB 595; CH. 208.
§ 63.2-405 amended.
Medical assistance services; application. Provides that an application for medical assistance services for a person admitted to a State Veteran's Care Center located in the Commonwealth may be filed and processed in the jurisdiction where such Care Center is located. HB 907; CH. 305.
§§ 63.2-903, 63.2-1200, 63.2-1221, 63.2-1222, and 63.2-1817 amended.
Adoption; child-placing agencies outside the Commonwealth. Requires any child-placing agency outside the Commonwealth, or its agent, that executes an entrustment agreement in the Commonwealth with a birth parent for the termination of all parental rights and responsibilities with respect to a child to comply with the Commonwealth's laws regarding entrustment agreements, revocations of entrustment agreements and birth parent counseling. Any entrustment agreement that fails to follow such requirements shall be void. The bill adds the requirement that an entrustment agreement for the termination of all parental rights and responsibilities shall be executed in writing and notarized. SB 62; CH. 815.
§ 63.2-1502. See § 16.1-253.2; HB 1233/ SB 236.
§ 63.2-1502 amended; § 63.2-1516.01 added.
Child protective services; training and investigation procedures. Requires the Department of Social Services Child Protective Services Unit to include standards of training regarding the legal duties of child protective services workers in order to protect the constitutional and statutory rights and safety of children and families from the initial time of contact during investigation through treatment. The bill also requires local departments of social services, at the initial time of contact with the person subject to a child abuse and neglect investigation, to advise the person of the complaints or allegations made against the person, in a manner that is consistent with laws protecting the rights of the person making the report or complaint. HB 1135; CH. 233/SB 584; CH.93.
§ 63.2-1503 amended.
Child protective services; notification of parent. Requires the local department of social services to notify the custodial parent and make reasonable efforts to notify the noncustodial parent of a report of suspected abuse or neglect concerning a child who is the subject of an investigation or receiving family assessment, in those cases in which such custodial or noncustodial parent is not the subject of the investigation. SB 409; CH. 886.
§ 63.2-1515 amended.
Central registry of founded complaints; checks for certain volunteer organizations. Adds any Virginia affiliate of Childhelp USAŽ; to the list of organizations whose volunteer applicants shall be subject to a search of the central registry of founded complaints by the Department of Social Services for no cost. The central registry contains information obtained by the Department regarding a founded case of child abuse or neglect. Childhelp USAŽ; is a not-for-profit entity organized to meet the physical, emotional, educational, and spiritual needs of abused and neglected children, primarily through treatment, prevention, and research. Other organizations that receive free central registry checks include Virginia affiliates of Big Brother/Big Sisters of America and Compeer, volunteer fire companies or rescue squads, and court-appointed special advocates. SB 185; CH. 74.
§ 63.2-1527 amended.
Out-of-Family Investigations Advisory Committee. Establishes a set membership of 15 members for the Out-Of-Family Investigations Advisory Committee. Currently, the membership has no limit, but the committee must consist of at least nine members. Other changes to the makeup and operations of the committee conform to the Joint Rules Committee legislative guidelines for collegial bodies. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 1; CH. 103.
§ 63.2-1528 amended.
Duties of the Advisory Board on Child Abuse and Neglect. Adds to the general duties of the advisory board the duty of providing advice on child abuse and neglect issues identified by the Commissioner of the Department of Social Services. The additional duty will give the advisory board specific direction in fulfilling its broad mandate of providing advice on all programs concerning programs for the prevention and treatment of abused and neglected children and their families. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 50; CH. 69.
§§ 63.2-1603 through 63.2-1606, 63.2-1608, 63.2-1609, and 63.2-1610 amended; § 63.2-1607 repealed.
Adult Protective Services; reporting and investigation procedures; adult fatality review teams; penalties. Revises and adds new provisions to existing adult protective services law, including reporting and investigation procedures. The bill requires local departments of social services to initiate investigations of suspected adult abuse, neglect or exploitation within 24 hours of receiving a valid report, and requires them to notify the appropriate law-enforcement agency when in receipt of reports involving sexual abuse, serious bodily injury or disease believed to be the result of abuse or neglect, or criminal activity involving abuse or neglect that places the adult in imminent danger of death or serious bodily harm. When denied access to an adult in need of protective services, local departments are given authority to seek a court order, upon a showing of good cause, permitting such access.
The bill adds guardians, conservators and emergency medical services personnel to the list of persons who, acting in their official capacities, are required to report suspected cases of adult abuse, neglect or exploitation, and clarifies other mandated reporter provisions. Mandated reporters are required to report such matters to local departments or to the hotline immediately, and employers of mandated reporters must notify them of this requirement upon hiring. The bill adds employees of accounting firms to the financial personnel listed under the voluntary reporter provisions.
Anyone 14 years of age or older who knowingly makes a false report of adult abuse is guilty of a Class 4 misdemeanor, and a Class 2 misdemeanor for subsequent false reports. The bill also increases the initial time period in which involuntary adult protective services may be provided through an appropriate court order from five to 15 days.
Enactment clauses require (i) the Department of Social Services to develop a plan to educate newly mandated reporters on adult abuse, neglect and exploitation, and the delay of penalty provisions on newly mandated reporters until the delivery of such training; and (ii) the Secretary, in consultation with the Departments of Social Services and Health and other state and local entities, to establish procedures and cost estimates for the operation of adult fatality review teams to review suspicious deaths of vulnerable adults. HB 952; CH. 749/SB 318; CH. 1011.
§ 63.2-1716 amended.
Child day centers; religious exemption from licensure. Clarifies that a child day center, including a child day center that is a child welfare agency, operated or conducted under the auspices of a religious institution shall be exempt from licensure requirements. SB 417; CH. 113.
§ 63.2-1721 amended.
Criminal background check; foster parents. Provides that a child-placing agency may approve as a foster parent an applicant convicted of statutory burglary for breaking and entering to commit larceny, who has had his civil rights restored by the Governor, provided 25 years have elapsed following the conviction. SB 612; CH. 714.
§ 63.2-1732 amended.
Emergency electrical systems. Directs the State Board of Social Services to promulgate regulations for assisted living facilities with six or more residents to be able to connect by July 1, 2007, to a temporary emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply. The installation shall be in compliance with the Uniform Statewide Building Code. SB 181; CH. 673.
§ 63.2-1800. See § 32.1-126; HB 891.
§ 63.2-1805. See § 32.1-127.1:03; HB 633.
§ 63.2-1808. See § 32.1-46; HB 855.
§ 63.2-1809. See § 18.2-186.3; HB 872.
§ 63.2-1916. See § 20-74; SB 497.
§ 63.2-2002 amended.
Income tax; Neighborhood Assistance Act tax credit. Extends the sunset date for the tax credits allowed under the Neighborhood Assistance Act from the close of fiscal year 2004 to the close of fiscal year 2009. HB 237; CH. 216.
§ 63.2-2002 amended.
Neighborhood Assistance Act; sunset extension and tax credit increase. Extends the sunset for the Neighborhood Assistance Act from 2004 to 2009. SB 436; CH. 699.
§ 63.2-2004 amended.
Neighborhood Assistance Act; donation of professional services; tax credit. Stipulates that the tax credit available to certain health care professionals who donate services shall be available if the organization that operates the clinic where the services are donated has received an allocation of tax credits from the Commissioner of the Department of Social Services. Currently, the law provides such credit only if the clinic itself has received such allocation. HB 239; CH. 183.
§ 63.2-2004 amended.
Donations of health care services by certain professionals; tax credit. Stipulates that physicians, dentists, nurses, nurse practitioners, physician assistants, optometrists, dental hygienists, professional counselors, clinical social workers, clinical psychologists, marriage and family therapists, physical therapists, and pharmacists licensed pursuant to Title 54.1 who provide health care services within the scope of their licensure, without charge, to patients of certain free and not-for-profit clinics, shall be eligible for the income tax credit under the Neighborhood Assistance Act, regardless of where the services are delivered. Currently, the Act requires that such services be provided at the free or not-for-profit clinic in order for these health care professionals to be eligible for the tax credit. HB 285; CH. 725.
§ 63.2-2004 amended.
Donations of health care services by certain professionals; tax credit. Stipulates that physicians, chiropractors, dentists, nurses, nurse practitioners, physician assistants, optometrists, dental hygienists, professional counselors, clinical social workers, clinical psychologists, marriage and family therapists, physical therapists, and pharmacists licensed pursuant to Title 54.1 who provide health care services within the scope of their licensure, without charge, to patients of certain free and not-for-profit clinics, shall be eligible for the income tax credit under the Neighborhood Assistance Act, regardless of where the services are delivered. Currently, the Act requires that such services be provided at the free or not-for-profit clinic in order for these health care professionals to be eligible for the tax credit. SB 81; CH. 657.