Welfare (Social Services) Passed HB475 Social services boards. Allows cities to pay members of the social services boards an amount to be decided by the governing body for compensation for service on the board. This amount is in addition to reimbursement for actual expenses. This provision is permissive and discretionary for the local governing body. Current law provides unlimited compensation for members of county social services boards but limits compensation for members of city social services boards to $600 per year. All funds are local. Same as Senate Bill 169 and House Bill 370 Patron - Day HB697 Child support enforcement; privatization. Allows for the privatization of child support enforcement field work administrative functions and central office payment processing functions under the supervision of the State Department of Social Services, previously done only on a pilot basis beginning in 1996. The legislation continues to require the State Board of Social Services to establish guidelines regarding the privatization of such functions. The bill removes the "on a pilot basis" language in the provision that authorizes the Attorney General to contract with private attorneys for the provision of legal services to the Division of Child Support Enforcement. The Department and the Attorney General are to continue to submit annual reports to the Governor and the General Assembly providing a detailed summary and evaluation of the privatization of child support enforcement programs. This bill is identical to Senate Bill 289. Patron - McDonnell HB780 Adult care residences. Authorizes the Commissioner of the Department of Social Services to issue special orders to adult care residences that fail to comply with provisions of law or regulation, thereby causing an adverse impact on or imminent threat to the health, safety or welfare of the persons cared for therein. The special orders will be issued after a hearing and will be considered a case decision. The special order may include civil penalties of not more than $500 for each inspection resulting in a finding of violation, a freeze on admission of new residents and/or a reduction in licensed capacity. This bill was recommended by the Joint Commission on Health Care. Patron - DeBoer HB803 Child protective services; newborn infant neglect. Requires certain persons (e.g., physicians) subject to mandatory reporting of suspected abuse to file such a report with child protective services whenever (i) a finding is made by an attending physician within seven days of a child's birth that the results of a blood or urine test conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physician, (ii) a finding made by an attending physician made within 48 hours of a child's birth indicates that the child was born dependent on a controlled substance which was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms, (iii) a diagnosis by an attending physician is made within seven days of a child's birth that the child has an illness, disease or condition which, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance which was not prescribed by a physician for the mother or the child or (iv) a diagnosis by an attending physician is made within seven days of a child's birth that the child has fetal alcohol syndrome attributable to in utero exposure to alcohol. Upon receipt of such a report, CPS will commence an investigation and is authorized to petition the juvenile court and the juvenile court is authorized to enter any order it deems necessary for the protection of the child during the course of the CPS investigation and any subsequent proceedings. This bill is identical to Senate Bill 557. Patron - Howell HB927 Child care regulations. Provides that the State Board of Social Services or the Child Day Care Council shall not require the adoption of a specific teaching approach or doctrine for licensed child caring institutions, child day centers, child day center systems, child placing agencies and family day homes. Patron - Nixon HB946 Child care; proof of identity. Requires that all regulated child day programs obtain information from the person enrolling the child regarding the child's previous child care and school attendance and proof of identity and age. Regulated child day programs include licensed child day centers and family day homes, voluntarily registered family day homes and religiously exempt child day programs. Failure to obtain such information within seven business days of initial attendance of the child will trigger the regulated child day program to notify the local law-enforcement agency who will submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, determine if the child is missing. Patron - Almand HB1067 Child protective services; custody. Provides that a child protective services worker or law-enforcement officer may take a child into custody for up to seventy-two hours without the prior approval of parents or guardians if evidence of abuse is perishable or subject to deterioration before a hearing can be held and other factors are met. Patron - Stump HB1373 Administrative support orders. Provides the child support obligee the right to an administrative hearing if he or she wishes to contest the administrative support order issued by the Commissioner of the Department of Social Services. Patron - McDonnell HB1376 Administrative orders for support. Clarifies and standardizes the methods by which service of notice of a proposed change in a support order may be accomplished. The methods of service (personal service, service under the long-arm statute, acceptance or waiver of service) are currently authorized to initiate proceedings for an administrative support order. When service by mail is utilized, proof of actual receipt by the addressee is required. Patron - McDonnell HB1377 State Case Registry of child support records. Establishes a State Case Registry within the Department of Social Services which includes information concerning case records concerning services provided by the Division of Child Support Enforcement and all support orders established or modified in the Commonwealth on or after October 1, 1998. The Supreme Court of Virginia shall provide information concerning judicial proceedings and orders relating to paternity establishment and support. The bill provides for information sharing with other state and federal agencies as required by the federal welfare reform legislation and its implementing regulations. Patron - McDonnell HB1386 Child care. Authorizes the Commissioner of the Department of Social Services to issue special orders to child welfare agencies that fail to comply with provisions of law or regulation, thereby causing an adverse impact on the health, safety or welfare of children in their care. The special orders will be issued after a hearing and will be considered a case decision. The special order may include civil penalties of not more than $500 for each violation, may require child welfare agencies to contact custodial parents or guardians in writing regarding health and safety violations, and may restrict such agencies from receiving public funds. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. This bill is identical to Senate Bill 417. Patron - Brink HB1387 Child care. Revises the statutory definition of family day homes to require that the person licensed or registered as a family day home provider shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Patron - Brink HB1388 Child care. Requires that no person shall be eligible to operate or work in a child welfare agency who is the subject of a founded complaint of child abuse or neglect listed in the Child Protective Services Central Registry. A Child Protective Services Central Registry clearance must be conducted prior to licensure or registration for all child welfare agencies or within 21 days of persons beginning compensated or voluntary employment. The bill expands the list of barrier crimes and provides that a person shall not be eligible to operate or work in a child welfare agency if he has been convicted of any felony within the last five years. However, the Commissioner of Social Services may grant a waiver of the prohibition on a nonbarrier crime conviction if the person is of good moral character and the waiver would not adversely affect the safety of children. Convicted child abusers and sex offenders shall be prohibited from providing family day home care. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. This bill is identical to Senate Bill 419. Patron - Brink SB169 Social services boards. Allows cities to pay members of the social services boards an amount to be decided by the governing body for compensation for service on the board. This amount is in addition to reimbursement for reasonable and necessary expenses. This provision is permissive and discretionary for the local governing body. Current law provides unlimited compensation for members of county social services boards but limits members of city social services boards to $600 per year. All funds are local. This bill is identical to House Bill 475. Patron - Reynolds SB192 Social services fraud control program. Establishes the statewide fraud control program to eliminate fraud in benefit programs. The State Board of Social Services is given the authority to promulgate emergency regulations to implement the program. Each local department shall establish fraud prevention and investigation units. The program is funded by a special fund, the Fraud Recovery Special Fund (the Fund). Funding for local and state fraud control activities shall be comprised of (i) general fund moneys appropriated for this activity, (ii) any federal funds available for this purpose, and (iii) balances in the Fund. Patron - Williams SB289 Child support enforcement; privatization. Allows for the privatization of child support enforcement field work administrative functions and central office payment processing functions under the supervision of the State Department of Social Services, previously done only on a pilot basis beginning in 1996. The legislation continues to require the State Board of Social Services to establish guidelines regarding the privatization of such functions. The bill removes the "on a pilot basis" language in the provision that authorizes the Attorney General to contract with private attorneys for the provision of legal services to the Division of Child Support Enforcement. The Department and the Attorney General are to continue to submit annual reports to the Governor and the General Assembly providing a detailed summary and evaluation of the privatization of child support enforcement programs. This bill is identical to House Bill 697. Patron - Williams SB293 Child support. Requires that amounts collected by DSS as a result of an offset under the Federal Tax Refund Offset Program to satisfy non-TANF past-due support from a federal tax return shall be made when the Department is notified that the unobligated spouse's proper share of the refund has been paid or 180 days following receipt of the offset, whichever is earlier. Currently, the statute provides 60 days after notification. Patron - Reynolds SB416 Child care. Requires that the State Board of Social Services shall include a member who is a licensed health care professional. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. Patron - Walker SB417 Child care. Authorizes the Commissioner of the Department of Social Services to issue special orders to child welfare agencies which fail to comply with provisions of law or regulation, thereby causing an adverse impact on the health, safety or welfare of children in their care. The special orders will be issued after a hearing and will be considered a case decision. The special order may include civil penalties of not more than $500 for each violation, may require child welfare agencies to contact custodial parents or guardians in writing regarding health and safety violations, and may restrict such agencies from receiving public funds. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. This bill is identical to House Bill 1386. Patron - Walker SB419 Child care. Requires that no person shall be eligible to operate or work in a child welfare agency who is the subject of a founded complaint of child abuse or neglect listed in the Child Protective Services Central Registry. A Child Protective Services Central Registry clearance must be conducted prior to licensure or registration for all child welfare agencies or within 21 days of persons beginning compensated or voluntary employment. The bill expands the list of barrier crimes and provides that person shall not be eligible to operate or work in a child welfare agency if he has been convicted of any felony within the last five years. However, the Commissioner of Social Services may grant a waiver of the prohibition on a nonbarrier crime conviction if the person is of good moral character and the waiver would not adversely affect the safety of children. Convicted child abusers and sex offenders shall be prohibited from providing family day home care. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. This bill is identical to Senate Bill 419. Patron - Walker SB420 Child care. Revises the statutory definition of family day homes to require that the person licensed or registered as a family day home provider actually provide care to children for a minimum of 75 percent of the time that the family day home is in operation, except for periods of vacation or illness not to exceed four weeks in any year. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. Patron - Walker SB438 Licensing of homes for incapacitated persons. Deletes the definitions of "independently mobile," "nonambulatory" and "semimobile." The bill adds a definition for "ambulatory" and provides that buildings licensed for ambulatory residents shall be classified by and meet the specifications for the proper use group as required by the Uniform Statewide Building Code. Patron - Norment SB481 Child support; retroactivity. Provides that judicial orders for support may be made retroactive to the date of delivery of an administrative support order to the process server. Administrative support orders may currently be made retroactive to that date. However, when an administrative support order is appealed, de novo, there is currently no authority for the court to make its order retroactive beyond the date on which the appeal was filed with the court. Patron - Edwards SB495 Membership of State Mental Health, Mental Retardation and Substance Abuse Services Board. Requires the State Mental Health, Mental Retardation and Substance Abuse Services Board to include one member who is an elected local government official. The bill changes the term of service from two successive four-year terms to no more than 12 years. Persons appointed to fill vacancies may serve two additional full four-year terms; however, no person shall serve more than a total of 12 years. This bill is a recommendation of the HJR 240 Joint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation and Substance Abuse Services. Patron - Gartlan SB498 Adult protective services. Creates the Adult Protective Services Unit within the Adult Services Program in the Department of Social Services. The Adult Protective Services Unit will (i) support, strengthen, and evaluate adult protective services programs at local departments of social services, (ii) assist in developing and implementing programs aimed at responding to and preventing abuse of elders and incapacitated adults, (iii) prepare, disseminate, and present educational programs and materials on adult abuse, neglect, and exploitation, (iv) develop and provide educational programs and materials to persons mandated to report adult abuse, (v) establish standards of training and provide educational opportunities to qualify workers in the field of adult protective services, (vi) develop policies and procedures to guide the work of persons in the field of adult protective services, (vii) prepare and disseminate statistical information on adult protective services in Virginia, (viii) provide training and technical assistance to the adult protective services hotline, and (ix) provide coordination between the adult protective services program and other state social services, medical and legal agencies. This bill was recommended by the Joint Commission on Health Care. Patron - Gartlan SB557 Child protective services; newborn infant neglect. Requires certain persons (e.g., physicians) subject to mandatory reporting of suspected abuse to file such a report with child protective services whenever (i) a finding is made by an attending physician within seven days of a child's birth that the results of a blood or urine test conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physician, (ii) a finding made by an attending physician made within 48 hours of a child's birth indicates that the child was born dependent on a controlled substance which was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms, (iii) a diagnosis by an attending physician is made within seven days of a child's birth that the child has an illness, disease or condition which, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance which was not prescribed by a physician for the mother or the child or (iv) a diagnosis by an attending physician is made within seven days of a child's birth that the child has fetal alcohol syndrome attributable to in utero exposure to alcohol. Upon receipt of such a report, CPS will commence an investigation and is authorized to petition the juvenile court and the juvenile court is authorized to enter any order it deems necessary for the protection of the child during the course of the CPS investigation and any subsequent proceedings. This bill is identical to HB 803. Patron - Barry SB676 State Board of Social Services; local impact analysis. Requires that before any regulation of the State Board of Social Services (State Board) or the Board of Medical Assistance Services is delivered to the Registrar of Regulations or a policy of the Department of Social Services is implemented, both Boards shall prepare an economic impact analysis of the proposed regulation or policy on the local boards of social services and provide copies of such analyses to the local boards. Patron - Reynolds Failed HB370 Social services boards. Allows counties to pay members of the social services boards an amount to be decided by the governing body for compensation for service on the board. This amount is in addition to reimbursement for actual expenses. This provision is permissive and discretionary for the local governing body. Current law provides unlimited compensation for members of county social services boards but limits compensation for members of city social services boards to $600 per year. All funds are local. Patron - Armstrong HB999 Child protective services central registry; penalty. Provides access for persons seeking child-minding or day-care services to information concerning both founded and unfounded complaints of child abuse and neglect in the child protective services central registry. The bill requires that records concerning unfounded complaints be maintained in the central registry rather than in a separate record that is not accessible to the public. The information shall be used only for the purposes of screening current or prospective employees or volunteers seeking to provide child-minding or day-care services. Patron - Croshaw HB1015 Board of Social Services; membership. Provides that the Board of Social Services shall have two members who are elected local government officials, one member who is a director of a local board of social services, and one who is a consumer of services. Patron - Scott HB1065 Confidentiality of adult protective services records. Provides that adult protective services records maintained by local departments of social services may be disclosed to researchers conducting bona fide research when the research can reasonably be expected to expand the knowledge base needed to increase the effectiveness of adult protective services. Patron - Griffith HB1139 Social services; child abuse. Expands the list of those who are required to report suspected child abuse or neglect to include the adult brothers, adult sisters, grandparents, or legal guardians of the child in question. Patron - Phillips HB1350 Public assistance fraud; finger imaging. Requires the Department of Social Services to establish a finger imaging program to combat public assistance fraud. As a condition of receipt of public assistance, all applicants and recipients of public assistance shall undergo electronic finger imaging to prevent multiple enrollments in assistance programs. The State Board of Social Services shall implement regulations to carry out the finger imaging program. Patron - Wilkins SB350 Public assistance; Virginia Initiative for Employment Not Welfare (VIEW). Provides that local departments of social services may place a VIEW participant in a vocational educational training program. The VIEW participant may continue in the training so long as he progresses satisfactorily. Patron - Edwards SB418 Child care. Abolishes the Child Day-Care Council, which was created by the 1987 General Assembly to promulgate regulations for child day programs (primarily child care centers). The responsibility for promulgating regulations for child day programs will revert to the State Board of Social Services, which promulgated such regulations prior to the establishment of the Child Day-Care Council. This bill does not affect family day homes, which will continue to be regulated by the State Board of Social Services. This bill was recommended by the Joint Legislative Audit and Review Commission in its 1997 Follow-Up Review of Child Day Care in Virginia. Patron - Walker SB576 Child protective services; newborn infant neglect. Expands the definition of "abused or neglected child" to include newborn infants testing positive for a controlled substance not prescribed by a physician, born dependent on such drugs, or diagnosed by a physician with (i) a condition which is attributable to in utero exposure to illegal drugs or (ii) fetal alcohol syndrome. Proof of such positive test or diagnosis shall be prima facie evidence of child abuse or neglect. Patron - Saslaw SB593 Licensed child day center staff-to-child ratios. Removes the sunset provision from the bill text that originally passed during the 1997 Session of the General Assembly. The bill provides that licensed child day centers shall employ staff personnel according to specific ratios of staff members to children. The ratio requirements do not apply to child day centers that are Montessori schools licensed under Part IX of Chapter 30 (22 VAC 15-30-680 et seq.) and Part IX of Chapter 40 (22 VAC 15-30-680 et seq.) of Title 22 of the Virginia Administrative Code, as in effect on December 1, 1996, for that portion of the day considered part of the instructional program, or to licensed child day centers exclusively serving children with disabilities. The bill codifies the existing regulations and responds to the proposed regulations promulgated by the Child Day-Care Council. Patron - Ticer SB596 Child care; supervision of aides. Requires that all aides in a licensed child day center be supervised at all times by senior staff members and at a 2:1 ratio. Patron - Ticer SB609 Public assistance; day care. Requires the Department of Social Services to provide the full state/federal share of funding for day care for the children of Temporary Assistance for Needy Families (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 the individual is employed; participating in a job placement; enrolled in, and making satisfactory progress toward completion of, job training or educational programs designed to result in self-sufficiency; or otherwise eligible for day care pursuant to Board of Social Services regulations. Patron - Miller, Y.B. SB689 Statewide human services information and referral system. Provides that the Council on Information Management or its successor agency or office shall require state agencies, boards, councils or commissions to collaborate with the statewide human services information and referral system before development or implementation of a human service hotline, helpline, or information service. The bill also provides for staggered terms on the Human Services Information and Referral Advisory Council. Patron - Walker Carried Over HB775 Child care; records checks; penalty. Provides that whenever any unlicensed or unregistered child day center or family day home applies to enter into a contract with a local department of social services to provide child care services to clients of the local department of social services, the local department shall require both criminal records and child protective services central registry checks of the applicant, his employees, volunteers, agents and any other adult living in a family day home. Patron - Parrish HB910 Adoption; consent of the birth father. Nullifies paternal consent-to-adoption requirement if the father has been convicted of sex crimes or child abuse and neglect crimes. Currently, the father's consent to adoption is waived only if the child was conceived when he raped its mother. Patron - Sherwood HB965 Child care; records checks; penalty. Provides that whenever any unlicensed or unregistered child day center or family day home applies to enter into a contract with a local department of social services to provide child care services to clients of the local department of social services, the local department shall require both criminal records and child protective services central registry checks of the applicant, his employees, volunteers, agents and any other adult living in a family day home. Patron - Rollison HB1165 Child care; family day homes. Authorizes the Commissioner of Social Services to grant a variance to the minimum standards for licensed family day homes concerning ratios of adults to children when the Commissioner, with input from the director of the local department of social services, determines that (i) a licensee or applicant has demonstrated that the regulation regarding staffing ratios diminishes the availability of necessary child care and imposes financial hardship and (ii) the variance would not adversely affect the safety and well-being of children in care. The provision applies only in counties with a population of less than 40,000. Patron - Ruff HB1272 Public assistance; eligibility. Incorporates the Wellstone-Murray Family Violence Exemption as an exemption for participation in the VIP/VIEW program. The exemption is an optional hardship exemption from the work requirement and five-year assistance limit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for persons who have been battered or subjected to extreme cruelty. PRWORA gives states the option to enable persons fleeing domestic violence to receive public assistance without the fear of termination of assistance compelling them to return to an abusive situation, but limits the number of such families each year to no more than 20 percent of the average monthly number of the state's TANF families. For persons who fall into this exemption category, the average utilization of public programs is two years. Section 408 (a) (7) (C) (iii) of PRWORA defines "battered or subjected to extreme cruelty" as (i) physical acts that resulted in, or threatened to result in, physical injury to the individual; (ii) sexual abuse; (iii) sexual activity involving a dependent child; (iv) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; (v) threats of, or attempts at, physical or sexual abuse; (vi) mental abuse; or (vii) neglect or deprivation of medical care. Patron - Crittenden SB333 Adult protective services; false reports; penalties. Provides that any person 14 years of age or older who makes a report of abuse or neglect of aged or incapacitated adults which he knows to be false shall be guilty of a Class 4 misdemeanor for a first offense and a Class 2 misdemeanor for any subsequent offense. The custodian of the adult protective services record, upon presentation of a certified copy of any such conviction, shall purge the record and notify the person alleged to have committed the abuse or neglect of such fact. This provision is comparable to the false report penalty provision for child protective services. Patron - Miller, Y.B. SB459 Public assistance fraud; finger imaging. Requires the Department of Social Services to establish a finger imaging program to combat public assistance fraud. As a condition of receipt of public assistance, all applicants and recipients of public assistance shall undergo electronic finger imaging to prevent multiple enrollments in assistance programs. The State Board of Social Services shall implement regulations to carry out the finger imaging program. Patron - Barry SB592 Child care; family day homes. Requires the registration of all family day homes serving one through five children, exclusive of the provider's own children, nieces and nephews, and any children who reside in the home, except that registration is not required for a home where the provider operates on a nonregular basis for fewer than 20 hours a month total for all children in care. Previously, registration of family day homes serving this number of children was voluntary. The Commissioner of Social Services is still required to contract with qualified local agencies and community organizations to register family day homes pursuant to regulations promulgated by the State Board of Social Services. However, if no qualified agency or organization is available, the Commissioner must conduct the registration. Any family day home operating without being registered may be enjoined from operation. Patron - Ticer SB594 Licensed child day center personnel qualifications. Provides the qualifications for licensed child day center administrators, programs directors, program leaders and child-care supervisors. The qualifications do not apply to personnel in child day centers licensed under 22 VAC 15-30-680 et seq. and 22 VAC 15-40-680 et seq., as in effect on December 1, 1996. This bill codifies the existing regulations. Patron - Ticer < PREVIOUS | CONTENTS | NEXT >