General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Welfare (Social Services)

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Welfare (Social Services)

Passed

P HB 1687

Criminal history and central registry check; birth parents. Exempts birth parents revoking an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817, or revoking a placement agreement, from criminal history and central registry checks.
Patron - Toscano

P HB 1692

Home Energy Assistance Program. Reduces the frequency of the reports required from the Department of Social Services regarding the effectiveness of low-income energy assistance programs in the Commonwealth. Currently, reports are due by October 1 of each year until October 1, 2007, on which date the reporting requirement is scheduled to cease. The measure provides that after October 1, 2007, reports will be due biennially.
Patron - Kilgore

P HB 1897

Adoption; records of child. Provides that the investigative report that must be made to the circuit court shall include a statement by the child-placing agency or local director of social services that all reasonably attainable background, medical and psychological records of the child have been provided to the prospective adoptive parents and a list of the records provided.
Patron - Albo

P HB 1905

Home study for adoption; simultaneous meeting. Changes the requirement that a social worker meet with the birth parent(s) and prospective adoptive parents simultaneously to an optional provision. Provides that such meetings may occur simultaneously or separately, upon the agreement of both parties.
Patron - Albo

P HB 1985

Adoption laws. Provides that a birth father, including one married to the birth mother, may consent to the termination of all of his parental rights prior to the birth of the child and that an executed denial of paternity by the putative father is sufficient to rebut the presumption that he is the father. The court is allowed to dispense with requirements regarding filing of the birth father's identifying information in certain instances. The bill provides that if a birth parent or legal guardian executing a consent, entrustment, or other document related to the adoption, cannot provide the identification required by a notary the birth parent may execute a self-authenticating affidavit as to his identity. Reduces from 21 to 15 days the amount of time a father has to object to an entrustment after notice to make it consistent with provisions changed in 2006. The bill allows a court to waive certain procedural provisions with regard to the spouse of an adoptive parent where the procedural provisions apply only to one adoptive parent. No notice or consent is required of any birth parent of a child whose adoption was finalized in a foreign country or for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption. When there has been an interstate transfer of the child in a parental placement adoption all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities. Clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates. The background check requirement is waived for a birth parent who revokes an entrustment or placement agreement. A number of the changes conform the law to changes made during the 2006 Session. This bill is identical to SB 1041.
Patron - Toscano

P HB 2319

Definition of abused or neglected child. Specifies that a decision by parent or another person with legal authority over a child to refuse a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority for the child, and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority, and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority, and the child believe in good faith that such decision is in the child's best interest. Stipulates that this test shall not be construed to limit the provisions of § 16.1-278.4 on children in need of services. This bill is identical to SB 905.
Patron - Welch

P HB 2504

Criminal history and central registry check for placements of children. Establishes mandatory background checks for prospective foster or adoptive parents that consist of three parts: (i) a sworn statement or affirmation disclosing whether an individual has a criminal conviction or pending charges or has been the subject of a founded case of child abuse or neglect; (ii) fingerprinting forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation to obtain criminal history information; and (iii) searches of the central child abuse and neglect registry maintained pursuant to § 63.2-1515 and similar registries required by federal law in any other state where a prospective parent or other adult in the home has resided in the preceding five years. Provides that in the case of an emergency, a local board must search the central registry and obtain a written affirmation from the individual prior to placement. Prohibits approval of foster or adoptive homes where an individual has record of an offense set forth in § 63.2-1719 or a founded complaint of child abuse or neglect as maintained in registries pursuant to § 63.2-1515 and the Adam Walsh Child Protection and Safety Act (42 U.S.C.S. 16901 et seq.). The bill has an effective date of April 1, 2007.
Patron - Toscano

P HB 2517

Child abuse or neglect; criminal history records; dissemination of such information. Authorizes dissemination of criminal history record information and search results from the child abuse and neglect registry of individuals and other adult household members to support removal of a child during an evaluation for placement or to support an investigation of child abuse or neglect. Such information may be admissible in court if an abuse or neglect petition is filed, however, if the individual who is the subject of such information contests its accuracy through testimony under oath, the court shall not receive the information without certified copies of the individual's conviction.
Patron - Iaquinto

P HB 3207

Assisted living facilities; aging in place. Provides that the Department shall not order the removal of a resident from an assisted living facility if (i) the resident, the resident's family, the resident's physician, and the facility consent to the resident's continued stay in the facility and (ii) the facility is capable of providing, obtaining or arranging for the provision of necessary services for the resident, including but not limited to home health care or hospice care.
Patron - Peace

P SB 790

Virginia Caregivers Grant Program. Modifies the definition of caregivers eligible to receive a grant under the program to include legal guardians and raises the Virginia adjusted gross income limit under the program from $50,000 to $75,000 for a married caregiver.
Patron - Stosch

P SB 818

Fee for testimonials; international adoptions. Provides that the Secretary of the Commonwealth may charge five dollars for each authentication after the first testimonial for documents bearing the testament of the same person on the same date.
Patron - Cuccinelli

P SB 888

Insurance notice requirements for family day homes. Requires any person who operates a family day home approved by a licensed family day system, a licensed family day home, or a voluntarily registered family day home to furnish a written notice to the parent or guardian of each child under care stating whether there is liability insurance in force to cover the operations of the family day home and to notify each parent or guardian in writing, within 10 business days, after termination of coverage.
Patron - Deeds

P SB 905

Definition of abused or neglected child. Specifies that a decision by parents or another person responsible to refuse a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person responsible and the child; (ii) the child has reached the age of 14 and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person responsible and the child have considered alternative treatment options; and (iv) the parents or other person responsible and the child believe in good faith that such decision is in the child's best interest.This bill is identical to HB 2319.
Patron - Rerras

P SB 944

Provision of health care coverage in child support orders. Amends relevant sections to authorize that either or both parents may provide health care coverage required by a child support order. Requires that, prior to referring any dependent children to the Family Access to Medical Insurance Security plan, the Department of Social Services shall confirm that neither parent has access to health care coverage for the dependent children through the parents' employment.
Patron - Quayle

P SB 985

Administrative support remedies available to individuals not receiving public assistance; fees. Establishes additional fees for individuals who authorize the Department of Social Services to enforce child support obligations but who do not receive public assistance. The bill has an effective date of October 1, 2007.
Patron - Edwards

P SB 1041

Adoption laws. Provides that a birth father, including one married to the birth mother, may consent to the termination of all of his parental rights prior to the birth of the child and that an executed denial of paternity by the putative father is sufficient to rebut the presumption that he is the father. The court is allowed to dispense with requirements regarding filing of the birth father's identifying information in certain instances. The bill provides that if a birth parent or legal guardian executing a consent, entrustment, or other document related to the adoption, cannot provide the identification required by a notary the birth parent may execute a self-authenticating affidavit as to his identity. Reduces from 21 to 15 days the amount of time a father has to object to an entrustment after notice to make it consistent with provisions changed in 2006. The bill allows a court to waive certain procedural provisions with regard to the spouse of an adoptive parent where the procedural provisions apply only to one adoptive parent. No notice or consent is required of any birth parent of a child whose adoption was finalized in a foreign country or for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption. When there has been an interstate transfer of the child in a parental placement adoption all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities. Clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates. The background check requirement is waived for a birth parent who revokes an entrustment or placement agreement. A number of the changes conform the law to changes made during the 2006 Session. This bill is identical to HB 1985.
Patron - O'Brien

P SB 1133

Virginia Initiative for Employment Not Welfare Program. Modifies the Temporary Assistance for Needy Families Program to increase Virginia Initiative for Employment Not Welfare (VIEW) requirements. This bill also eliminates food stamps from the subsidies replaced by the Full Employment Program, eliminates community work experience placement, and certain VIEW program exemptions. The bill authorizes posttermination payments of up to $50 per month for recipients who work at least 30 hours per week.
Patron - Deeds

P SB 1146

Neighborhood Assistance Act; eligibility requirements. Requires the State Board of Social Services to adopt regulations that provide that at least 50% of the persons served by the neighborhood organization are impoverished people.
Patron - Wagner

P SB 1208

Background check required; children's residential facilities. Strengthens criminal background check requirements for employees, volunteers, and providers of contractual services to children's residential facilities. Requires Departments to obtain the results of the background check before allowing an applicant to work with children. Adds numerous statutory offenses, including abduction, carjacking, threats, stalking, use of a machine gun, child pornography, incest, and felony drug possession, to the list of crimes that preclude employment at children's residential facilities. Additional offenses parallel those identified as "barrier crimes" in § 63.2-1719. Permits a children's residential facility to hire applicants with a misdemeanor conviction for assault and battery, provided 10 years have elapsed and the offense did not occur in the context of former employment or volunteer work. Prohibits state children's residential facilities from hiring employees or accepting volunteers who have a founded case of child abuse or neglect. The new requirements only apply to persons who did not work or volunteer at the facility prior to July 1, 2007.
Patron - Hanger

Failed

F HB 1688

Consent revocation period for parental placement adoptions. Removes the provision that prohibits a consenting birth parent from withdrawing an executed consent to parental placement adoption once the child is 10 days old. The bill also changes from 10 to seven days the time during which consent is revocable.
Patron - Toscano

F HB 1839

Child Care Provider Registry. Creates the Virginia Child Care Provider Registry. Allows child care providers to voluntarily register with the Registry, to authorize the Registry to run checks to determine whether registrants are the subject of founded complaints of child abuse or neglect and to make the results of such searches public. Requires local departments to report founded complaints to the Department of Social Services and the Department to update the Registry upon receipt of such reports.
Patron - Fralin

F HB 1911

Requirements of parental placement adoption; legal counsel. Authorizes legal counsel to appear on behalf of birth parents or adoptive parents for purposes of consent hearings required for parental placement adoptions.
Patron - Albo

F HB 1912

Requirements of parental placement adoption; exchange of identifying information. Eliminates requirement that parents shall exchange identifying information and makes the exchange of information including full names and addresses optional for birth and adoptive parents.
Patron - Albo

F HB 2046

Adoption laws; administrative changes. Changes the adoption laws to bring them up to date with the amendments made last session. Makes the change regarding notice of the entrustment and adoption from 21 to 15 days consistent throughout the adoption statutes and clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates. This bill was incorporated into HB 1985.
Patron - McQuigg

F HB 2612

Public Assistance; eligibility for TANF benefits. Provides that a person shall not be ineligible for Temporary Assistance for Needy Families (TANF) benefits solely as the result of a felony drug possession conviction.
Patron - Watts

F HB 2987

Foster care children; tobacco products. Directs the Board of Social Services to adopt regulations restricting the use of tobacco products by and around children receiving foster care services. The regulations shall include but need not be limited to provisions (i) forbidding the use or possession of tobacco products by children; (ii) limiting use of tobacco products in the children's living quarters; and (iii) limiting the use of tobacco products in motor vehicles when transporting children.
Patron - Eisenberg

F HB 3105

Program directors at licensed child day centers; approved credentials. Adds program directors to the list of individuals who may possess an approved credential. Adds requirement that the Department of Social Services, State Board of Social Services, Child Care Council, or State Board of Education shall recognize individuals who possess an approved credential as being fully qualified to hold the position of program leader, program director, or child care supervisor in any private licensed child day center or private preschool.
Patron - Nixon

F SB 757

Neighborhood Assistance Act. Makes several changes to the program including (i) increasing the annual cap for tax credits allowed under the program from $8 million to $12 million, (ii) providing that $1 million of the cap increase would be dedicated for education programs and $3 million for providing grants to private schools for students with disabilities, and (iii) reducing the tax credit percentage for donations made by corporations and individuals from 45% to 40% along with eliminating the restriction placed upon individuals from claiming a tax credit for the donation if a charitable contribution deduction is also taken. The Department of Education would administer the Schools for Students with Disabilities Fund from which grants would be made to private schools for students with disabilities. The Department would be required to establish an application process for such schools seeking grants from the Fund. The Department would review the application and make a determination of whether to award a grant, based in part on the intended use of grant moneys by the applicant. The Fund would be funded from monetary donations for which the Department would allocate the annual $3 million in tax credits. The Board of Education would be required to establish regulations for the grants program, including regulations for procedures to allocate the $3 million in tax credits in fiscal years in which more than $3 million in monetary donations were made to the Fund.
Patron - Stosch

F SB 835

Eligibility for Temporary Assistance for Needy Families (TANF) and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and fully comply with criminal court orders and treatment programs, as permitted by federal law. This bill incorporates SB 934 and is contingent upon an appropriation of funds.
Patron - Devolites Davis

F SB 865

Social services; time limit on receipt of TANF. Allows the children of VIEW participants to continue receiving TANF financial assistance beyond the initial 24-month period if (i) the VIEW-participating parent is no longer the children's legal guardian, (ii) another relative of the children now has legal custody, and (iii) the children otherwise meet the eligibility requirements set forth in §§ 63.2-602 through 63.2-607. This bill is contingent upon appropriation of funds.
Patron - Miller

F SB 934

Eligibility for TANF and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law. This bill was incorporated into SB 835.
Patron - Ticer

F SB 935

Mandatory cross-reporting by protective services agencies. Adds animal control officers to the list of persons required to report known or suspected child or adult abuse or neglect. Requires mandatory cross-reporting of known or suspected animal abuse by individuals required to report child or adult abuse or neglect.
Patron - Ticer

F SB 1017

Adoption; exception to requirement that spouses file a joint petition. Provides that in its discretion, upon good cause shown, a court may exempt any spouse from the requirement to file a joint petition.
Patron - Norment

F SB 1353

Child day-care regulations. Establishes staff-to-child ratios, activity space guidelines, and training and qualification guidelines for program directors, program leaders, and general staff for regulated child day-care centers.
Patron - Wagner

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Welfare (Social Services)

© 2007 Division of Legislative Services.

E-mail Webmaster