General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Welfare (Social Services)

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Welfare (Social Services)

Passed

P HB3

Screened Family Day Home Provider List. Requires the Department of Social Services to establish and maintain, on a website created by the Department, the Screened Family Day Home Provider List. This bill provides that the List shall include the names of individuals who wish to offer their services as family day home providers, who are not required to be licensed or regulated, who voluntarily apply for inclusion on the List, and who have been found, after a national criminal history background check and review of the records maintained by the Child Protective Services registry, to have no convictions for certain offenses or founded complaints of child abuse or neglect. This bill also establishes a Screened Family Day Home Provider Fund to receive application fees and disburse funds for the administration of the List. The provisions of the bill are subject to the appropriation of funds by the 2008 General Assembly.
Patron - Tata

P HB138

Filing of petition for adoption. Provides that a petition filed while a child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption and that any final order of adoption entered after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the circuit court, provided the court has obtained the consent of the adoptee.
Patron - Peace

P HB149

Independent living services and independent living arrangements. Defines independent living arrangement as placement of a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency and has been placed by the local board or licensed child placing agency in a living arrangement which does not include daily parental supervision. Defines independent living services to include services and activities provided to a child in foster care who is 16 years of age or older or to a person who was in foster care on his 18th birthday and has not yet reached the age of 21. This bill requires, for children aged 14 years and older that the child's needs and goals in specified areas are included in the written foster care plan for that child. This bill is identical to SB 249.
Patron - Fralin

P HB251

Adult Fatality Review Team. Establishes the Adult Fatality Review Team to review suspicious deaths of any incapacitated adult aged 18 or older and any adult aged 60 or older (i) who was the subject of an adult protective services investigation, (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect, or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the team. The bill also creates a Freedom of Information Act exemption for information and records acquired during a review of any death conducted by a family violence fatality review team or during a review of any adult death conducted by the adult fatality review team to the extent made confidential by state law.
Patron - O'Bannon

P HB285

Consent revocation period for parental placement adoptions. Provides that consent to an adoption may be revoked by a birth parent for up to seven days after it is executed and that the seven day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period. This bill eliminates the provision barring revocation of consent after a child is 10 days old.
Patron - Toscano

P HB478

Child Day-Care Council. Appoints one representative of the YMCA to the Child Day-Care Council and removes one representative from a nonprofit child day center operator.
Patron - Cox

P HB811

TANF; waiver of ineligibility period. Provides that the 24-month period of ineligibility shall not apply when a child is removed from his parents' home as the result of a child protective services report or complaint as defined in regulations promulgated by the Board and placed with a relative. This bill provides that in such cases, the relative with whom the child is placed shall be eligible for TANF financial assistance immediately and without waiting for the 24-month period to run. This bill incorporates HB 1387.
Patron - Ward

P HB825

Foster and adoption workers; minimum training requirements. Requires the Department of Social Services to establish minimum training requirements and to provide educational programs for foster and adoption workers and their supervisors.
Patron - BaCote

P HB850

Foster care; Code of Ethics agreement. Requires Board of Social Services to approve, in foster care policy, the language of the written agreement to be entered into by local boards and licensed child-placing agencies. This bill also provides that such agreements shall include at a minimum a Code of Ethics and mutual responsibilities for all parties to the agreement. This bill is identical to SB 643.
Patron - Orrock

P HB861

Virginia Caregivers Grant Program application; allow physician assistant or nurse practitioner to certify. Allows that a licensed physician assistant or nurse practitioner may provide certification necessary for the Virginia Caregiver's Grant Program application.
Patron - Ebbin

P HB871

Healthy marriages and strong families. Authorizes the Department of Social Services to establish a program to support educational programs intended to promote healthy marriages and strong families. The bill also authorizes the Department, to the extent authorized by federal law, to allocate up to one percent of all funds received under the federal Temporary Assistance for Needy Families program to support this program.
Patron - Johnson

P HB946

Adoption; period of validity of home study. Provides that any home study conducted for the purpose of parental placement or agency placement shall be valid for a period of 36 months from the date of completion of the study. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.
Patron - Iaquinto

P HB1141

Foster care; independent living services. Provides that any person who was committed or entrusted to a local board or licensed child-placing agency may choose to discontinue receiving independent living services any time before his 21st birthday in accordance with regulations adopted by the Board. The local board or licensed child-placing agency shall restore independent living services at the request of that person provided that (i) the person has not yet reached 21 years of age and (ii) the person has entered into a written agreement, less than 60 days after independent living services have been discontinued, with the local board or licensed child-placing agency regarding the terms and conditions of his receipt of independent living services. This bill incorporates HB 813.
Patron - Fralin

P HB1143

Foster care; visitation rights for birth siblings. Grants circuit courts and juvenile and domestic relations district courts the authority to grant visitation rights to siblings, in addition to the natural parents and grandparents, of any child entrusted or committed to foster care.
Patron - Fralin

P HB1257

Department of Social Services to establish Intensive Case Monitoring pilot programs for child support enforcement. Authorizes the Department of Social Services to establish Intensive Case Monitoring pilot programs in four judicial districts within the Commonwealth to provide case management and other services to persons referred to the program by the court after failure to pay child support as required by an administrative action. The provisions of this act shall not become effective unless general funds effectuating the purposes of this act are included in the general appropriation act passed by the 2008 Session of the General Assembly, which becomes law.
Patron - Marsden

P HB1382

Department of Social Services; petitions. Authorizes designated nonattorney employees of the Department of Social Services to complete, sign, and file petitions and motions in Department cases relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia. The bill also provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees. This bill is identical to SB 788.
Patron - Iaquinto

P HB1530

Relating to placement of siblings; visitation. Requires that all reasonable steps must be taken to place siblings together in the same foster home and requires that, where siblings are placed in separate foster homes, a plan shall be developed to encourage frequent and regular visitation or communication.
Patron - Nixon

P SB15

Notice to recipients; earned income tax credit. Requires the Department of Social Services to provide notice of the federal and state earned income tax credit to all recipients of Temporary Assistance for Needy Families (TANF), food stamps, or certain medical assistance. Notice shall be mailed to recipients annually and shall include information on the qualifying income levels, the amount of credit available, the process for applying for the credit, and the availability of assistance in applying for the credit.
Patron - Edwards

P SB171

Adoption by former stepparents. Allows former stepparents to adopt the child they were a stepparent to, if they stood in loco parentis to the child, as if they were still the step-parent of the child. Also allows parents who adopted a child in a foreign jurisdiction, who then divorced before the child was adopted in Virginia, to adopt or readopt the child.
Patron - Blevins

P SB228

Mandatory child abuse reporters; EMS personnel. Adds emergency medical services personnel certified by the Board of Health to the list of mandatory reporters of child abuse and neglect and requires emergency medical services personnel to report child abuse and neglect to the Department of Social Services, unless such personnel immediately reports the matter directly to the attending physician at the hospital to which the child is transported, who shall make such report forthwith.
Patron - McDougle

P SB249

Foster care; independent living services for children 14 and older. Requires that every foster care plan for a child 14 years of age or older include an independent living services plan. The bill defines the terms "independent living arrangement" and "independent living services," and replaces the term "independent living placement" with the term "independent living arrangement." The bill mandates children 14 years and older have a foster care plan that describes in writing their needs and goals in the areas of counseling, education, housing, employment, and money management skills. Local departments and licensed child placing agencies may provide independent living services to children over the age of 14 as part of foster care services or to persons between 18 and 21 years of age who are in the process of transitioning from foster care to self-sufficiency. The bill requires for children ages 16 and over, documentation of the services to be provided to assist the child in transitioning to an independent living arrangement. This bill is identical to HB 149.
Patron - Howell

P SB251

TANF; waiver of ineligibility period. Provides that the 24-month period of ineligibility shall not apply to a child who is removed from his parents' home as the result of a child protective services report or complaint as defined in regulations promulgated by the Board and placed with a relative. This bill provides that in such cases, the child shall be eligible for TANF financial assistance immediately and without waiting for the 24-month period to run.
Patron - Miller, Y.B.

P SB472

Licensure of group homes and residential facilities for children. Eliminates the interdepartmental regulation of children's residential facilities and group homes, and provides that the Departments of Mental Health, Mental Retardation and Substance Abuse Services, Social Services, and Juvenile Justice shall regulate and license children's residential facilities and group homes for which they are the primary licensing agency. This bill provides that each licensing agency shall conduct background checks of persons working or volunteering at children's residential facilities and group homes. This bill further provides that the Department of Education shall be the sole entity responsible for licensure of educational programs in children's residential facilities and group homes.
Patron - Hanger

P SB493

Foster and adoption workers; minimum training requirements. Requires the Department of Social Services to establish minimum training requirements and to provide educational programs for foster and adoption workers and their supervisors. Under the bill the costs associated with establishing the training requirements are to be absorbed by the Department within the funds appropriated for training and assistance to local staff.
Patron - Puller

P SB637

Required reporting of child abuse; animal control officers. Adds animal control officers to the list of persons with the duty to report suspected child abuse. Animal control officers already receive training in the recognition of child abuse and neglect and information on how complaints are filed.
Patron - Ticer

P SB643

Foster care; Code of Ethics agreement. Requires the Board of Social Services to approve, in foster care policy, the language of the written agreement to be entered into by local boards and licensed child-placing agencies. This bill also provides that such agreements shall include at a minimum a Code of Ethics and mutual responsibilities for all parties to the agreement. This bill is identical to HB 850.
Patron - Ticer

P SB788

Failed

F HB276

Transitional benefits; TANF noncash benefits. Requires the Department of Social Services to continue to provide noncash TANF benefits for a period of five months after TANF cash benefits have been terminated.
Patron - Watts

F HB286

Notice to recipients; earned income tax credit. Requires the Department of Social Services to provide notice of the earned income tax credit to all applicants for or recipients of assistance.
Patron - Toscano

F HB365

Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to conduct a screening of all VIEW participants. This bill provides that, where a screening indicates reasonable cause to believe an applicant or recipient is using illegal drugs, the participant may be required to submit to drug testing. Where a drug test indicates that the participant is using illegal drugs, the person shall become ineligible for TANF payments for a period of twelve months. The person may reapply for TANF assistance once 12 months have elapsed from the date of initial ineligibility.
Patron - Carrico

F HB439

Eligibility of certain aliens for state and local public benefits. Provides that no state or local funds shall be awarded or otherwise disbursed to any organization when the award or disbursement is made to circumvent the requirement that organizations determine the legal status of applicants before granting assistance. This bill also provides that no organization receiving state or local funds shall use the funds to provide benefits or assistance to persons who are otherwise ineligible for them.
Patron - Miller, J.H.

F HB813

Independent living services. Provides that a person who is otherwise eligible for independent living services from the Department of Social Services shall not become ineligible for services upon refusing services. This bill provides that a person who is otherwise eligible and who refuses services may, following such refusal, request and receive services. This bill was incorporated into HB 1141.
Patron - Ward

F HB1387

F HB1401

Administrative support remedies; fees. Provides that the $25 annual fee charged by the State Board of Social Services for enforcing child support obligations on behalf of individuals who are not receiving public assistance shall be assessed against the noncustodial parent. Currently, the fee is assessed to the individual seeking enforcement of the support order.
Patron - Gear

F HB1461

Exempting certain assisted living facilities from the requirement to have a license. Provides that an assisted living facility that has not been found to be in violation of licensing requirements during the most recent five-year period shall be exempt from licensing requirements.
Patron - Spruill

F SB22

Foster care background checks; fingerprints. Provides that the requirement that an individual with whom a child in foster care may be placed submit fingerprints for the purpose of obtaining criminal history record information may be waived if an officer of the Department of State Police determines that it is impossible for the individual to submit fingerprints or impossible for him to submit fingerprints that are legible for identification purposes.
Patron - Reynolds

F SB27

Social services; time limit on receipt of TANF. Allows the child of a VIEW participant to continue receiving TANF financial assistance beyond the initial 24-month period if (i) the VIEW-participating parent is no longer the child's legal guardian, (ii) legal custody of the child has been placed with a relative of the child after a complaint of child abuse or neglect filed against the child's parent has been deemed founded or after an order for removal of the child from the child's home has been issued pursuant to § 16.1-251 or 16.1-252, and (iii) the child otherwise meets the eligibility requirements set forth in §§ 63.2-602 through 63.2-607. This bill is contingent upon appropriation of funds.
Patron - Miller, Y.B.

F SB250

Foster care; independent living services for persons between the ages of 18 and 21. Establishes that children who are in foster care when they reach 18 years of age shall receive independent living services from the appropriate local board of social services or licensed child-placing agency until they reach 21 years of age. Currently, the provision of such services to children between the ages of 18 and 21 is discretionary. The bill also defines the terms "independent living services" and "independent living arrangement."
Patron - Howell

F SB296

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 incorporates SB 642.
Patron - Puller

F SB404

Substance abuse screening and assessment of VIEW applicants and participants. Requires local departments of social services to conduct a screening of all applicants and participants of VIEW. This bill provides that where a screening indicates probable cause to believe an applicant or participant is using illegal drugs, the applicant or participant may be required to submit to drug testing. Where a drug test indicates that the applicant or participant is using illegal drugs, the person shall be referred to a treatment program and all TANF payments shall be made to a third party payee for the benefit of members of the applicant's or recipient's household. If a person fails or refuses to participate in a screening, assessment, or required rehabilitation program, that person shall be ineligible for TANF assistance. Persons deemed ineligible for TANF assistance on the basis of failure or refusal to participate in a screening, assessment, or required rehabilitation program, will be ineligible for a period of twelve months but shall have one opportunity to comply and be reinstated once during the twelve month period.
Patron - Puckett

F SB482

Data collection; Title IV-E expenditures. Requires the State Executive Council to oversee the development and implementation of a program for the collection of data on (i) the cost of services purchased through the CSA program, (ii) treatment foster care services and residential services payments made through the Medicaid program, and (iii) child-specific payments made through the Title IV-E foster care program. This bill also requires the Department of Social Services to collect data on child-specific payments made through the Title IV-E foster care program and to report data collected to the Office of Comprehensive Services. This bill has been incorporated into SB 483.
Patron - Hanger

F SB497

Definition of abused or neglected child; Abraham's law. Removes language specifying that a decision by parents 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.
Patron - Northam

F SB630

Child support; accrual of interest on debts due. Provides that interest shall not accrue on child support debts due where an obligor is incarcerated in a state facility, during the period of incarceration.
Patron - Ticer

F SB642

Carried Over

C HB1174

Office of Immigrant Assistance; created. Establishes in the Department of Social Services an Office of Immigrant Assistance, to assist persons lawfully entering the United States and the Commonwealth for the purpose of becoming citizens. The Office shall provide (i) advice and assistance regarding the citizenship application process, and (ii) assistance with finding and securing employment, housing, and services for which such persons may be eligible.
Patron - Lingamfelter

C SB36

Child support; administrative fees. Eliminates the $25 fee that a person not receiving public assistance must pay each year if more than $500 of child support is collected by the Department of Social Services in order to utilize the support enforcement services of the Department.
Patron - Deeds

C SB387

Guardian ad litem; mandatory reporting of child abuse or neglect. Requires any guardian ad litem who has been appointed by a court to represent a child to report suspected child abuse or neglect to a local department of social services or to the Department of Social Services' toll-free child abuse and neglect hotline.
Patron - Martin

C SB738

Adult protective services; reports by financial institution employees of financial abuse of elder or dependent persons. Requires employees of banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions to report the suspected financial abuse of elder or dependent persons, based on information obtained in their professional or official capacity.
Patron - Edwards

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Welfare (Social Services)

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