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Welfare (Social Services)

P Passed

P HB556

Adoption assistance; children with special needs. Requires the local board of social services or child-placing agency to give adoptive parents information about the child's eligibility for subsidy, the child's special needs, the current and potential impact of these needs and the appeal process. The bill clarifies that the local board that initiated the adoption assistance agreement continues to be responsible for subsidy payments if the adoptive parents move to another jurisdiction.

Patron - Darner

P HB740

Social services; Neighborhood Assistance Act. Changes the sunset clause for the authorization of tax credits under the Neighborhood Assistance Act from June 30, 2000, to June 30, 2002. The program is scheduled to expire on July 1, 2000.

Patron - Diamonstein

P HB836

Adult care residences; access. Provides that adult care residences shall provide reasonable access to staff of community services boards for the purpose of (i) assessment or evaluation, (ii) case management or other services or assistance, or (iii) monitoring the care for community services board clients in the facility, or to evaluate other facility residents who have previously requested services. This bill is a recommendation of the Joint Commission on Health Care.

Patron - Hamilton

P HB837

Adult care residences; disclosure of staffing levels. Requires licensed adult care residences, upon admission and upon request, to provide in writing a description of the types of staff working in the facility and the services provided, including the hours such services are available. This bill is a recommendation of the Joint Commission on Health Care.

Patron - Hamilton

P HB935

Child protective services; central registry. Deletes the requirement that the central registry of the names of those persons who have been found to have abused or neglected a child in an out-of-family situation also contain the name of the abused child when the parent or guardian is not the abuser. Current regulation requires that the name of the child or children also appear on the central registry along with the name of the abuser. If a child's name currently appears on the registry without consultation with and permission of the parents or guardians for a founded case of abuse and neglect that does not name the parents or guardians of the child as the abuser or neglector, such parents or guardians may have the child's name removed by written request to the Department.

Patron - Almand

P HB988

Vision impaired; Board and Department. Changes the name of the Department and Board for the Visually Handicapped to the Department and Board for the Blind and Vision Impaired.

Patron - Rhodes

P HB1051

Adult care residences. Directs the State Board of Social Services to implement emergency regulations for adult care residences that take into consideration cost constraints of smaller operations in complying with such regulations.

Patron - Cantor

P HB1168

Adult protective services; mandatory reporters. Requires nursing homes, certified nursing facilities and adult care residences to train all employees who are mandatory reporters of adult abuse, neglect and exploitation on the reporting procedures and the consequences for failing to report.

Patron - Deeds

P HB1169

Adult protective services. Requires that nursing homes, certified nursing facilities and adult care residences post the Adult Protective Services toll-free number in a place that is conspicuous and public.

Patron - Deeds

P HB1194

Adult care residences; training. Requires applicants for licensure of an adult care residence who have not previously owned or managed or do not currently own or manage an adult care residence in Virginia to undergo training by the Department of Social Services or other Commissioner-approved training program. The training will focus on health and safety issues and rights of residents and must be completed prior to the granting of an initial license, unless the Commissioner, at his discretion, grants the license conditioned upon the owner or manager's completion of the required training. The Commissioner may also approve for licensure applicants who meet requisite experience criteria as established by the Board. This bill is a recommendation of the Joint Commission on Health Care. Identical to SB 577.

Patron - Diamonstein

P HB1251

Adult care residence; revised definitions. Renames adult care residences as assisted living facilities, which are defined as congregate residential settings that provide or coordinate personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Exceptions are made for facilities licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Department of Social Services, and certain U.S. Department of Housing and Urban Development, U.S. Department of Agriculture, and Virginia Housing Development Authority projects that may fall within the definition of assisted living facilities. The bill permits a person meeting the qualifications of administrator of a nursing home, as defined by the State Board of Social Services (State Board), to be deemed qualified to serve as an administrator of an assisted living facility or a combined assisted living facility/nursing home provided they are part of the same building. The bill directs the State Board to promulgate regulations to enable assisted living facilities to provide safe, secure environments for residents having serious cognitive impairments. This bill is a recommendation of the Joint Commission on Health Care.

Patron - Brink

P HB1344

Child day programs exempt from licensure. Permits on-duty, part-time employees who work less than two hours a day to participate in unlicensed child-minding services offered on site in commercial or recreational establishments. Identical to SB 380.

Patron - Drake

P HB1359

Child protective services; pilot multiple response system. Continues until July 1, 2002, the multiple response child protective services system pilot program that is underway in five jurisdictions of the Commonwealth. Pursuant to legislation passed by the 1996 General Assembly, the pilot project has been ongoing in the local child protective services agencies of Albemarle County, Loudoun County, Montgomery County, and the City of Portsmouth, and the combined agency of York-Poquoson. The pilot program provided an alternative response to reports of child abuse and neglect other than the current single investigatory track. For valid reports of possible child abuse and neglect, the pilot agencies decided whether to place the complaints in the investigation response track or the assessment response track. The investigation response track is reserved for complaints involving a serious safety issue and results in a finding. The assessment response track is for complaints where there was no immediate concern for child safety and no disposition is made. A family assessment is performed and the local agency offers services, when needed, to reduce the risk of abuse or neglect.

Patron - Van Yahres

P HB1360

Child protective services; statewide differential response system. Requires the Department of Social Services to implement a statewide child protective services differential response system ("system") for responding to reports of child abuse and neglect. Rather than requiring a full-scale investigation of every report, the reports would now be evaluated by the local department of social services and less serious reports would be subject to a family assessment. The emphasis is on offering services rather than on making a determination of abuse or neglect. In family assessments, no disposition would be entered into the central registry. The Department shall publish a plan to implement the system in local departments of social services by July 1, 2000, and complete implementation in all local departments by July 1, 2003.

Patron - Van Yahres

P HB1383

Economic and Employment Improvement Program for Disadvantaged Persons. Transfers the administrative responsibility for the Economic and Employment Improvement Program for Disadvantaged Persons from the Governor's Employment and Training Department to the Department of Social Services. The bill broadens the statutory provisions of the program to extend educational and job training services to persons who are (i) eligible to participate in vocational education and job skills training programs under state and federal welfare reform laws; (ii) ineligible to continue to receive assistance under state and federal welfare reform laws; and (iii) returning to the community from state and federal correctional facilities. Educational and job skills programs are required to be designed to assist eligible participants in moving from minimum wage jobs to college and to employment and occupations that will facilitate career development and economic independence. The bill also expands the awards committee to include persons with expertise in the delivery of adult literacy programs, job skills training and apprenticeships, and state and federal welfare reform laws. Currently, state and federal welfare reform laws do not include a required education component, which is essential to prepare persons who do not have an adequate educational foundation to succeed in vocational education and job skills training programs.

Patron - Baskerville

P SB141

Child day centers operated by religious institutions; criminal background checks. Permits child day centers operated by religious institutions that are exempt from licensure to allow employees or volunteers to work pending the outcome of their criminal background checks. The centers must, however, obtain the criminal background check on employees or volunteers within 21 days of employment or commencement of volunteer service, a practice which is consistent with the requirement for licensed child day centers. The bill also clarifies that the criminal background check for other persons who are not employees or volunteers is confined to only those who are expected to be alone with one or more children in the child day center. Identical to SB 228.

Patron - Martin

P SB228

Child day centers operated by religious institutions; criminal background checks. Permits child day centers operated by religious institutions that are exempt from licensure to allow employees or volunteers to work pending the outcome of their criminal background checks. The center must, however, obtain the criminal background check of employees or volunteers within 21 days of employment or commencement of volunteer service, which is consistent with the requirement for licensed child day centers. The bill also clarifies that the criminal background check for other persons who are not employees or volunteers is confined to only those who are expected to be alone with one or more children in the child day center. Identical to SB 141.

Patron - Potts

P SB259

Child protective services. Requires the State Board of Social Services to implement emergency regulations on out-of-family child protective services joint investigations to be accomplished in consultation with state agencies with oversight of the protection of children. The bill mandates a report by the Commissioner of DSS to the General Assembly standing committee overseeing these issues by September 30, 2000, outlining the recommendations of the state board advisory committee that was set up to address all such out-of-family investigations.

Patron - Barry

P SB380

Child day programs exempt from licensure. Permits on-duty, part-time employees who work less than two hours a day to participate in unlicensed child-minding services offered on site in commercial or recreational establishments. Identical to SB 1344.

Patron - Watkins

P SB506

Temporary assistance to needy families (TANF) benefits and services. Permits local departments of social services to provide TANF-related benefits and services to needy families in Virginia, with such funds as are appropriated therefor. Such TANF-related benefits and services may be provided to needy families for any purpose permitted by federal or state law. Such benefits and services include, but are not limited to, nonrecurrent, short-term benefits, work subsidies, child care and transportation to families who are employed, contributions to individual development accounts and employment related services. The bill directs the State Board of Social Services to promulgate emergency regulations to implement these provisions.

Patron - Reynolds

P SB510

Unlicensed child day centers; staff ratios. Changes the staff ratios in unlicensed child day centers to permit 16- and 17-year-olds to count as staff as long as they are under the supervision of an adult. An adult staff member shall supervise no more than two staff members under 18 years of age at any time. The bill requires that staff members shall be counted toward the ratio only when supervising children, and requires at least one adult staff member to be regularly present. These amendments are consistent with the requirements for licensed child day centers.

Patron - Reynolds

P SB577

Adult care residences; training. Requires applicants for licensure of an adult care residence who have not previously owned or managed or do not currently own or manage an adult care residence in Virginia to undergo training by the Department of Social Services or other Commissioner-approved training program. The training will focus on health and safety issues and rights of residents and must be completed prior to the granting of an initial license, unless the Commissioner, at his discretion, grants the license conditioned upon the owner or manager's completion of the required training. The Commissioner may also approve for licensure applicants who meet requisite experience criteria as established by the Board. This bill is a recommendation of the Joint Commission on Health Care. Identical to HB 1194.

Patron - Schrock

P SB628

Economic and Employment Improvement Program for Disadvantaged Persons. Transfers the administrative responsibility for the Economic and Employment Improvement Program for Disadvantaged Persons from the Governor's Employment and Training Department to the Department of Social Services. The bill broadens the statutory provisions of the program to extend educational and job training services to persons who are (i) eligible to participate in vocational education and job skills training programs under state and federal welfare reform laws; (ii) ineligible to continue to receive assistance under state and federal welfare reform laws; and (iii) returning to the community from state and federal correctional facilities. Educational and job skills programs are required to be designed to assist eligible participants in moving from minimum wage jobs to college and to employment and occupations that will facilitate career development and economic independence. The bill also expands the awards committee to include persons with expertise in the delivery of adult literacy programs, job skills training and apprenticeships, and state and federal welfare reform laws. Currently, state and federal welfare reform laws do not include a required education component, which is essential to prepare persons who do not have an adequate educational foundation to succeed in vocational education and job skills training programs.

Patron - Miller, Y.B.

P SB667

Neighborhood Assistance Act; donations. Expands the Neighborhood Assistance Act to allow individuals to receive a tax credit on monetary donations of at least $50 but not more than $200 to eligible programs. Traditionally, the Act has allowed businesses and professionals to donate money or in-kind services in return for a credit. The program is capped in statute at present to a total of eight million dollars in available tax credits.

Patron - Hanger

P SB685

Adoption. Repeals the current chapter on adoption (Chapter 11 of Title 63.1) and reorganizes the sections into six separate articles of a new chapter. The new articles are: general provisions, which applies to all types of adoptions; agency adoptions; parental placement adoptions; stepparent adoptions; adult adoptions; and records. Prior to this change, all of the types of adoptions were lumped into the same code sections, creating confusion among the courts, parties and agencies involved. These changes separate each type of adoption into individual articles, which clearly identify all of the procedures necessary to complete the process. Several of the larger code sections were split into the parts that apply to each specific type of adoption. There are no policy changes related to adoption in this bill, only a reorganization of the current law.

Patron - Reynolds

F Failed

F HB433

Child day centers operated by religious institutions; staff ratios. Provides that unlicensed child day centers operated by religious institutions shall employ staff personnel according to specific ratios of adults to children. This bill changes the adult-to-child ratio for children from zero to 24 months from 1:4 to 1:5 and the adult-to-child ratio for children from ages 24 months to six years from 1:10 to 1:12.

Patron - Nixon

F HB703

Child abuse and neglect; animal control officers, etc., to report suspected child abuse. Requires animal control officers, humane investigators, and State Veterinarian's representatives to report suspected child abuse or neglect in the same manner as law-enforcement officers, teachers, etc.

Patron - Watts

F HB964

Child protective services. Removes employees of local school boards from the child protective services system. The bill provides that, if a complaint is made that an employee of a local school board has abused or neglected a child, the complaint will be made to the division superintendent and to the attorney for the Commonwealth. Reports of abuse and neglect by employees of local school boards will no longer be investigated by local departments of social services. The provisions regarding the central registry will no longer apply to teachers, so they will not be listed in the registry if they are convicted of child abuse in a criminal case. Persons who are mandatory reporters of child abuse and neglect will still be required to report suspected cases of abuse and neglect by teachers, and teachers will remain mandatory reporters, as well. Employees in private schools will still be subject to investigation.

Patron - Jackson

F HB1332

Child support. Allows the Department of Social Services to enter into consent orders with a party owing child support subject to current requirements for rebutting the presumptive guidelines and only to the extent allowed under federal law.

Patron - Phillips

F HB1452

Exemptions from certain work requirements for college attendance and apprenticeship training. Exempts persons participating in the Virginia Initiative for Employment Not Welfare (VIEW) program from job search and work requirements if the individuals are enrolled in an accredited two-year or four-year institution of higher education or are engaged in training and instruction in an apprenticeable occupation as defined in §40.1-120, for as long as the individual is continuously enrolled or engaged in such program of study or training. This bill is a recommendation of the Joint Subcommittee Studying the Status and Needs of African-American Males in Virginia.

Patron - Jones, D.C.

F SB222

Temporary Assistance to Needy Families (TANF) program. Provides that local departments of social services may place Virginia Initiative for Employment Not Welfare (VIEW) participants, subject to their consent, directly in a vocational educational program by exempting from VIEW job search requirements those participants meeting certain eligibility criteria. Eligible participants include those with employment-related problems, such as participants (i) with less than a high school education, (ii) whose reading or math skills are at or below the eighth grade level, (iii) who have not retained a job for a period of at least three consecutive months in a 12-month period, (iv) who are undergoing treatment for substance abuse or family violence, or (v) who are pregnant minors. The bill changes participant eligibility for such programs from two, to one, of the criteria. The bill also changes the requirement that the local department of social services have an individual memorandum of understanding with an employer for placement of each participant in a job, to a general agreement that has the training providers demonstrating to the local department that they have memoranda of understanding with employers to place participants who successfully complete the program in jobs in the local job market in which the employer does business.

Patron - Edwards

F SB496

Adult protective services registry. Establishes the adult protective services registry, which shall contain a listing of any person employed by a facility or program licensed or funded by the Departments of Health, Social Services, or Mental Health, Mental Retardation and Substance Abuse Services who has abused, neglected or exploited a person 60 years of age and older, when that abuse, neglect or exploitation resulted in a local department of social services' determination that such person had or has need of protective services. Applicants for employment at nursing homes, adult care residences, and mental health, mental retardation, and substance abuse programs and facilities are required to obtain a search of the adult protective services registry for a record of any investigation of adult abuse, neglect or exploitation undertaken on the applicant. The adult protective services registry is to be maintained by the Adult Protective Services Unit of the Department of Social Services. The bill contains an amendment to correct an internal inconsistency resulting from HB 2572 (1999) that a felon convicted of possession of drugs is barred from employment for five years or if he continues on probation or parole or failed to pay court costs rather than barred completely.

Patron - Edwards

F SB701

Licensed child day center personnel qualifications. Provides the qualifications for licensed child day center program leaders and child care supervisors.

Patron - Ticer

F SB742

Economic and Employment Improvement Program for Disadvantaged Persons. Transfers the administrative responsibility for the Economic and Employment Improvement Program for Disadvantaged Persons from the Governor's Employment and Training Department to the Department of Social Services. The bill broadens the statutory provisions of the program to extend educational and job training services to persons who are (i) eligible to participate in vocational education and job skills training programs under state and federal welfare reform laws; (ii) ineligible to continue to receive assistance under state and federal welfare reform laws; and (iii) returning to the community from state and federal correctional facilities. Educational and job skills programs are required to be designed to assist eligible participants in moving from minimum wage jobs to college and to employment and occupations that will facilitate career development and economic independence. The bill also expands the awards committee to include persons with expertise in the delivery of adult literacy programs, job skills training and apprenticeships, and state and federal welfare reform laws. Currently, state and federal welfare reform laws do not include a required education component, which is essential to prepare persons who do not have an adequate educational foundation to succeed in vocational education and job skills training programs. This bill is a recommendation of the Joint Subcommittee Studying the Status and Needs of African-American Males in Virginia. Incorporated into SB 628.

Patron - Maxwell

C Carried Over

C HB891

Adult protective services registry. Establishes the adult protective services registry, which shall contain a listing of any person employed by a facility or program licensed or funded by the Departments of Health, Social Services, or Mental Health, Mental Retardation and Substance Abuse Services who has abused, neglected or exploited a person 60 years of age and older, when that abuse, neglect or exploitation resulted in a local department of social services' determination that such person had or has need of protective services. Applicants for employment at nursing homes, adult care residences, and mental health, mental retardation, and substance abuse programs and facilities are required to obtain a search of the adult protective services registry for a record of any investigation of adult abuse, neglect or exploitation undertaken on the applicant. The adult protective services registry is to be maintained by the Adult Protective Services Unit of the Department of Social Services. The bill contains an amendment to correct an internal inconsistency resulting from HB 2572 (1999) that a felon convicted of possession of drugs is barred from employment for five years or if he continues on probation or parole or failed to pay court costs rather than barred completely.

Patron - Rollison

C HB965

Social services; child abuse and neglect. Requires that the person mandated by law to report suspected incidents of child abuse or neglect make the report directly to the local department of social services or the child abuse hot line. Reports to the heads of institutions or their designees shall not be required nor shall it serve as a substitute for the report. Current law states that if teachers, certain staff members, and others working in certain institutions observe potential abuse or neglect, a report to the head of the institution relieves that person of making a report. The head of the institution receiving the report is then required to make such report.

Patron - Jackson

C HB986

Temporary assistance to needy families (TANF) benefits and services. Permits local departments of social services to provide TANF-related benefits and services to needy families in Virginia, with such funds as are appropriated therefor. TANF-related benefits and services may be provided to needy families for any purpose permitted by federal or state law. Such benefits and services include, but are not limited to, nonrecurrent, short-term benefits, work subsidies, child care and transportation to families who are employed, contributions to individual development accounts and employment related services. The bill directs the State Board of Social Services to promulgate emergency regulations to implement these provisions. Finally, the bill adds up to an additional year of day care and transportation transitional services for persons whose TANF financial assistance is terminated.

Patron - Rhodes

C HB1476

Advisory Council on Adult Care Residences. Creates a 24-member Advisory Council on Adult Care Residences to advise the Board of Social Services on the review and enforcement of regulations promulgated by the Board. The 16 citizen members of the Advisory Council are voting members and the eight members representing state government entities are ex officio members with no voting power.

Patron - Hall

C SB629

Temporary Assistance to Needy Families (TANF) day care. Requires the Department of Social Services to provide child day care services for the children of TANF recipients, participants in the Virginia Initiative for Employment Not Welfare (VIEW), and former VIEW participants for 12 months after termination of TANF financial assistance if such services are needed to (i) fulfill a VIEW requirement, (ii) enable the individual to seek or retain employment, or (iii) attend a job training or educational program, which has been approved by the local department of social services as likely to result in self-sufficiency, unless the local department subsequently determines that the recipient is not making satisfactory progress toward completion of such job training or educational program. The bill also requires such services for those individuals who are otherwise eligible for child day care pursuant to State Board of Social Services regulations.

Patron - Miller, Y.B.

C SB703

Temporary Assistance to Needy Families. Provides for up to 24 months of transitional child care for persons whose TANF financial assistance is terminated, either voluntarily or involuntarily, if such assistance enables the individual to work.

Patron - Ticer