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Welfare (Social Services)

P Passed

P HB1581

Adult protective services; reports of exploitation by financial institution employees. Permits employees of banks, savings institutions, securities firms, insurance companies, and credit unions to report the suspected exploitation of incapacitated persons. Exploitation is defined as the illegal use of an incapacitated adult or his resources for another's profit or advantage. The reports may be filed with the local department of social services for the city or county where the adult resides or the exploitation is believed to have occurred.
Patron - Hamilton

P HB1595

Child welfare agencies; criminal background checks. Provides that a child-placing agency may approve as an adoptive parent an applicant convicted of not more than one misdemeanor simple assault conviction provided 10 years have elapsed following the conviction.
Patron - Black

P HB1639

Residential facilities for juveniles. Adds the Virginia Department of Military Affairs to the list of residential facilities for juveniles that require a criminal background check as a condition of employment, volunteering or providing services to juveniles.
Patron - Suit

P HB1660

Adult adoption. Reduces the five-year Commonwealth residency requirement in the adult adoption process to two years.
Patron - Parrish

P HB1717

Adult protective services; training. Requires the Department of Social Services to establish, and the State Board to approve by September 15, 2001, minimum standards for training for all adult protective services workers. The uniform training programs shall require all adult protective services workers to complete such training within one year from the date of implementation of the training program or within the first year of their employment. This bill is identical to SB 1199 and SB 827.
Patron - Hamilton

P HB1866

Child protective services; corporal punishment by school personnel. Clarifies within the child abuse and neglect statute that teachers, principals or other persons employed by a school board or employed in a school operated by the Commonwealth are prohibited from subjecting a student to corporal punishment. The bill distinguishes that the definitions of "corporal punishment" or "abused or neglected child" shall not include physical pain, injury or discomfort caused by the use of incidental, minor or reasonable physical contact or other actions designed to maintain order and control or the use of reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property, to prevent a student from inflicting physical harm on himself, for self-defense or the defense of others, or to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are upon the person of the student or within his control, or by participation in practice or competition in an interscholastic sport, or participation in physical education or an extracurricular activity. In determining whether a person was acting within these exceptions, the local department of social services shall examine whether the person's actions at the time of the event were reasonable.
Patron - Orrock

P HB2013

Child protective services. Requires the Department of Social Services to respond to requests for a search of the central registry of founded complaints of child abuse and neglect made by local departments of social services within 10 business days of receipt of such requests in cases where there is no match within the central registry and within 30 business days if there is a match. The bill contains technical amendments.
Patron - Jackson

P HB2202

Neighborhood assistance programs; tax credits. Extends the sunset provision from 2002 to 2004. The bill also makes tax credits for donations by individuals pursuant to the Neighborhood Assistance Program subject to a cap of $1 million per fiscal year beginning with the 2001-2002 fiscal year. Beginning January 1, 2002, donations by individuals under the Neighborhood Assistance Program shall be eligible for a tax credit in an amount equal to 45 percent of such monetary donation. A minimum monetary donation of $900 is required for eligibility for a tax credit beginning January 1, 2002, and the maximum tax credit that may be issued in a taxable year is capped at $750. Under current law, there is no fiscal year cap for tax credits and the tax credit issued is an amount equal to 100 percent of the monetary donation with $50 required as a minimum donation and $100 allowed as a maximum donation.
Patron - Almand

P HB2378

Child welfare agencies; criminal record waiver. Permits the Commissioner of the Department of Social Services to grant a waiver to an applicant for licensure or registration of a family day home if any other adult living in the home of the applicant has been convicted of misdemeanor simple or domestic assault, provided five years have elapsed following the conviction and the Department of Social Services has conducted a home study. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider.
Patron - Landes

P HB2473

Home Energy Assistance Program. Establishes the Home Energy Assistance Program in the Department of Social Services, which is designated as the state agency responsible for coordinating state efforts in furtherance of the policy to support the work of public agencies, private utility service providers, and charitable and community groups seeking to assist low-income Virginians in meeting their seasonal residential energy needs. The Department is charged with (i) administering distributions from the Home Energy Assistance Fund created by this measure; and (ii) reporting on the effectiveness of low-income energy assistance programs in meeting the needs of low-income Virginians. The Department is authorized to assume responsibility for administering all or any portion of any private, voluntary low-energy fuel assistance program, if requested by the administrator of such program. The Home Energy Assistance Fund will be used to supplement the federal Low Income Home Energy Assistance Program Block Grant and to assist the Commonwealth in maximizing the amount of federal funds available under the Low Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund matching requirements. The Fund shall consist of moneys appropriated by the General Assembly, donations, and contributions.The bill requires the State Board of Social Services to promulgate regulations to implement provisions of the bill within 280 days of its enactment, and the bill will become effective from its passage.
Patron - Plum

P HB2490

Assisted living facilities. Clarifies that assisted living facilities shall provide safe, secure environments for residents with serious cognitive impairments only if they have a primary psychiatric diagnosis of dementia.
Patron - Brink

P HB2533

Social services; adult protective services. Requires directors of local departments of social services to refer cases of alleged adult abuse, neglect and exploitation to the appropriate regulatory authority or agency for administrative or criminal investigation if the case involves a regulated facility and the person alleged to be in need of services leaves the facility or his safety is otherwise assured. The director, not later than 45 days after referral, shall follow-up with the investigating agency.
Patron - Phillips

P SB827

P SB1008

Child day care funding for low-income families. Requires the Department to identify strategies for Virginia to obtain the maximum amount of federal funds available for child day care services for TANF recipients and families whose incomes are at or below 185 percent of the federal poverty level. The Department shall provide an annual report to the chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and Senate Committees on Finance and Rehabilitation and Social Services by December 15.
Patron - Ticer

P SB1096

Confidentiality of public assistance and social services records and information. Clarifies the confidentiality provisions for records and information concerning public assistance and social services to and on behalf of individuals. The bill creates separate sections for the confidentiality of public assistance and social services programs administered by the Department of Social Services and local departments of social services. Except as provided by state and federal law and regulation, no records, information or statistical registries concerning applicants for and recipients of public assistance shall be made available except for purposes directly connected with the administration of the public assistance program. Such purposes include establishing eligibility, determining the amount of assistance, and providing social services for applicants and recipients. Social services records, information and statistical registries shall be confidential provided that they are accessible to persons having a legitimate interest in accordance with state and federal law and regulation. The bill requires the State Board of Social Services to adopt emergency regulations to implement these provisions. This bill is a recommendation of the Code Commission.
Patron - Mims

P SB1199

P SB1214

Neighborhood assistance programs; tax credits. Beginning January 1, 2002, donations by individuals under the Neighborhood Assistance Program shall be eligible for a tax credit in an amount equal to 45 percent of such monetary donation. A minimum monetary donation of $900 is required for eligibility for a tax credit beginning January 1, 2002, and the maximum tax credit that may be issued in a taxable year is capped at $750. Under current law, the tax credit issued is an amount equal to 100 percent of the monetary donation with $50 required as a minimum donation and $100 allowed as a maximum donation.
Patron - Whipple

F Failed

F HB1567

Public assistance benefits; standards of assistance. Requires the Boards of Medical Assistance Services and Social Services to promulgate emergency regulations taking into account the 2000 United States Census data to amend the standards of assistance to be used to determine Medicaid eligibility and Temporary Assistance to Needy Families payment amounts.
Patron - Landes

F HB1799

Social services; auxiliary grants. Makes the auxiliary grants program completely state-funded by eliminating the local share of the program.
Patron - Hamilton

F HB1871

Comprehensive services act; payment by responsible persons. Clarifies parents or guardians shall pay child support for children in noncustodial placements for Comprehensive Services Act (CSA) services. The bill requires the Division of Child Support Enforcement, at the request of the local board of social services or public agency designated by a community policy management team, to petition the juvenile court to recoup payment from responsible persons for all noncustodial placements for CSA services.
Patron - Cranwell

F HB1985

Social services; foster care. Provides that the marital status of prospective foster parents cannot be the sole criterion for the denial of a foster care placement.
Patron - Watts

F HB2062

Welfare and social services; department of social services enforcement of orders from other states. Provides that in enforcing any order of child support from another state, the statute of limitations for collecting such support of the applicant state shall apply; and, if the noncustodial parent against whom the support is sought presents himself to the agency or court in the applicant state, the Department shall remand the case to the applicant state for adjudication prior to enforcement.
Patron - McQuigg

F HB2092

Subsidized guardianship of children living with relative caregivers. Directs the Department of Social Services to establish a subsidized guardianship program for the benefit of children in the custody of a local board of social services or other child welfare agency who are living with relative caregivers and who have been in foster care or living with relatives other than natural parents for not less than 18 months. A relative caregiver means a person who is caring for a child related to such person for whom the option of reunification has been eliminated and termination of parental rights is not appropriate. The subsidized guardianship program shall include a special-need subsidy, which shall be a one-time lump sum payment for expenses resulting from the assumption of care of the child, a medical subsidy, and a monthly subsidy on behalf of the child payable to the relative caregiver that shall be equal to the prevailing foster care rate. The Department may establish an asset test for eligibility under the program. The relative caregiver receiving a guardianship subsidy shall submit annually to the Department a sworn statement that the child is still living with and receiving support from the guardian.
Patron - Devolites

F HB2166

Child protective services differential response system. Prohibits local departments who are responding to a report or complaint of child abuse or neglect by conducting a family assessment from petitioning the court for services deemed necessary, including, but not limited to, removal of the child or his siblings from their home.
Patron - Nixon

F HB2167

Child protective services differential response system. Requires an oral explanation of the family assessment procedure used by child protective services workers. The bill clarifies that reports handled by a family assessment shall not be entered into the central registry and families can decline services offered as a result of a family assessment. Finally, the bill requires the Department of Social Services to report on the turnover rate of child protective services workers and the effectiveness of the initial assessment in determining the appropriate level of intervention.
Patron - Nixon

F HB2256

Child abuse and neglect; animal control officers, et al., to report suspected child abuse. Requires animal control officers to receive, every three years, training in the recognition and reporting of suspected child abuse and neglect. The Department of Social Services will approve the content of such training.
Patron - Watts

F HB2260

Temporary Assistance to Needy Families (TANF) child support supplement. Returns to recipients of TANF cash assistance TANF child support supplements from child support payments collected on their behalf. The TANF child support supplement shall be in an amount equal to the current state share of child support collected by the Division of Child Support Enforcement, less any disregard passed through to such child pursuant to any other provision of law. The TANF child support supplement shall be paid to the recipient the month after child support is collected by the Division of Child Support Enforcement on his behalf. For purposes of determining eligibility for medical assistance services, the TANF child support supplement shall be disregarded. This bill incorporates HB 2571.
Patron - Watts

F HB2367

Kinship care. Defines the practice of kinship care as the full-time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child. This bill is a recommendation of the Youth Commission.
Patron - Darner

F HB2492

Child protective services. Establishes a regional child-protective services unit within each regional office of the Department of Social Services for the investigation of complaints and reports involving out-of-family investigations. This bill is a recommendation of the Out-of-Family Investigation Advisory Committee established pursuant to § 63.1-248.7:1, which was directed to review the process for investigating allegations of abuse and neglect of children in out-of-family situations in SB 259 (2000).
Patron - Brink

F HB2523

Lists of group homes and residential facilities. Requires the Departments of Mental Health, Mental Retardation and Substance Abuse Services, Social Services and Juvenile Justice to keep records of group homes and residential facilities for persons with mental illness, mental retardation and substance addiction and abuse, persons who are aged, infirm or disabled or juveniles; these records shall be arranged according to the counties and cities of the Commonwealth in which the group homes or residential facilities are located. The Departments shall provide for the publication and distribution of the lists or parts thereof to anyone who requests a copy. The list shall state the name and business address of each group home or residential facility on the list and may include other information determined appropriate by the Department.
Patron - Reid

F HB2571

F HB2669

Income tax; Neighborhood Assistance Act tax credit. Increases from 45 percent to 50 percent the percentage of the value of the money, property, professional services, and contracting services donated by a business firm for neighborhood programs approved under the Neighborhood Assistance Act that the business firm may take as a tax credit.
Patron - Diamonstein

F HB2698

Family and Children's Trust Fund. Removes the Commissioner of the Department of Social Services as a member of the Board of Trustees of the Family and Children's Trust Fund. The bill states that the Board shall report to the Governor or his designee and the Secretary of Health and Human Resources or his designee. The bill grants the Board authority to (i) maintain a checking account, (ii) employ qualified staff, and (iii) prepare and submit an annual budget to the Governor.
Patron - Callahan

F HB2771

Child protective services. Provides that the standard of proof for a local department of social services to use in determining whether a reported case of child abuse or neglect is founded or unfounded is by clear and convincing evidence. Currently, the standard of proof is preponderance of the evidence and is set by State Board of Social Services' regulation. The bill requires that any determination that a complaint or report is founded shall be based primarily on first source evidence; in no instance shall a determination that a complaint or report is founded be based solely on indirect evidence or an anonymous complaint.
Patron - Katzen

F HB2839

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

F SB829

F SB864

Temporary Assistance to Needy Families (TANF); day care. Requires the Department of Social Services to provide child day care services for (i) the children of TANF recipients engaged in employment or education, (ii) participants in the Virginia Initiative for Employment Not Welfare (VIEW), and (iii) former VIEW participants for 12 months after termination of TANF financial assistance if such services are needed to (a) fulfill a VIEW requirement, (b) enable the individual to seek or retain employment, or (c) 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 child day care services for those individuals who are eligible pursuant to State Board of Social Services regulations. Such services shall only be for TANF recipients, VIEW participants and former VIEW participants who are unable to obtain suitable child day care at no cost.
Patron - Miller, Y.B.

F SB865

Foster care; corporal punishment. Requires all public and private child-placing agencies to have a written agreement with any foster home, child-caring institution, residential facility or group home that shall include an agreement not to use corporal punishment or give others permission to do so. Corporal punishment is defined as the infliction of, or causing the infliction of, pain or discomfort. Prohibited actions include, but are not limited to, hitting with any part of the body or with an implement, pinching, pulling, shaking, binding a child, forcing a child to assume an uncomfortable position, or locking a child in a room or closet. This prohibition on corporal punishment shall exist whether punishment is spontaneous or a deliberate technique for effecting behavioral change or part of a behavior management program.
Patron - Miller, Y.B.

F SB888

Grant program for kinship care services. Provides up to $100,000 in matching funds to organizations for the development or expansion of kinship care services. Kinship care is defined as the full-time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adults who have kinship bonds with the children. The bill sets out the process for applying for grants, and authorizes the Department of Social Services to examine the books and records of the community kinship care organization to verify that it has satisfied the grant requirements. The bill establishes the Interagency Advisory Committee on Kinship Care composed of the Directors or Commissioners of the Department for the Aging, Department of Health, Department of Juvenile Justice, and Department of Social Services, and a representative of the Office of the Executive Secretary of the Supreme Court. The Committee shall provide oversight of the Virginia Kinship Care Grant Program and promote interagency leadership for comprehensive planning and coordinated implementation of proposals to provide support to kinship caregivers and technical assistance to localities. The Committee shall report on the status and effectiveness of the Virginia Kinship Care Grant Program by November 1 of each year.
Patron - Miller, Y.B.

F SB900

Social Services; Caregiver Grant Fund. Clarifies that the failure to file a complete application, including supporting documentation, would disqualify the applicant for grant care that year. The bill also deletes the provision that created a priority system whereby applicants who were not allocated the full grant to which they were entitled in a given year would be given first priority for allocations in the next year.
Patron - Stosch

F SB1145

Adoption registry. Establishes within the State Department of Social Services a voluntary adoption registry to facilitate voluntary contact between mutually consenting adopted adults and their adult birth relatives. An adult adoptee or an adult birth relative of an adoptee who requests disclosure of identifying information concerning the other would receive this information if the other has filed a form consenting to his disclosure. An authorization for disclosure may be revoked at any time. The bill further provides that the act shall not become effective unless an appropriation effectuating its purposes is included in the 2001 Appropriations Act.
Patron - Puller

F SB1352

Child abuse and neglect training for mandated reporters. Requires mandated reporters to complete two hours of training regarding the identification and reporting of child abuse and neglect within one year of the establishment of the training program by the Department or within six months after other persons become mandated reporters. Training shall be obtained from an agency, institution or other public or private organization approved by the Department of Social Services to provide such training. The training shall include information regarding the physical and behavioral indicators of child abuse and neglect and the mandatory reporting requirements, including, but not limited to, when and how a report shall be made, what other actions the person is mandated or authorized to take, the legal protections afforded such persons and the consequences for failing to report. Mandated reporters shall provide the body authorized to license, register, accredit, hire, appoint or designate them with documentation verifying the completion of the required child abuse identification and reporting training program. The cost of obtaining the training shall be borne by the mandated reporter, unless the body authorized to license, register, accredit, hire, appoint or designate them, at its option, decides to pay such cost.
Patron - Howell

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