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2001 SESSION

013496480
SENATE BILL NO. 888
Offered January 10, 2001
Prefiled January 4, 2001
A BILL to amend the Code of Virginia by adding in Title 63.1 a chapter numbered 22, consisting of sections numbered 63.1-336 through 63.1-340, relating to the kinship care grant program.
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Patron-- Miller, Y.B.
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 63.1 a chapter numbered 22, consisting of sections numbered 63.1-336 through 63.1-340, as follows:

CHAPTER 22.
VIRGINIA KINSHIP CARE GRANT PROGRAM.

§ 63.1-336. Definitions.

As used in this chapter, unless the context requires otherwise:

"Community kinship care organization" mean a local subdivision of the Commonwealth, a combination of political subdivisions, a separate public agency or a private nonprofit agency exempt under § 501 (c)(3) of the Internal Revenue Code, which has the authority under its applicable charter, laws or articles of organization to receive funds to support kinship care activities.

"Department" means the Department of Social Services.

"Fund" means the Virginia Kinship Care Grant Fund established by § 63.1-338.

"Kinship care" means 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.

§ 63.1-337. Kinship Care Grant Program established.

Beginning January 1, 2002, any community kinship care organization shall be eligible to receive an annual kinship care grant in the amount of up to $100,000 for the development, expansion, or start-up of services to support kinship caregivers that may include, but are not limited to, child care, legal services, counseling, information and referrals, respite care for kinship care providers, mentoring programs, emergency financial assistance, transportation, clothing allowances, school supply allowances and training for kinship caregivers. The grants under this chapter shall be paid from the Fund, as provided in this chapter, to the community kinship caregiver organization. As a condition of a grant, money appropriated from the Fund shall be matched by community kinship care organization funds (in-kind or cash) earmarked for the development or expansion of kinship care services. The total amount of grants to be paid under this chapter for any year shall not exceed the amount appropriated by the General Assembly to the Fund for payment to community kinship care organizations for such year. Only one grant shall be allowed annually for each community kinship care organization under the provisions of this section.

§ 63.1-338. Virginia Kinship Care Grant Fund established.

There is hereby established a special fund in the state treasury to be known as the Virginia Kinship Care Grant Fund, which shall be administered by the Department. The Funds shall include such moneys as may be appropriated by the General Assembly from time to time and designated for the Fund. The Fund shall be used solely for the payment of grants to community kinship care organizations pursuant to this chapter. Unallocated moneys in the Fund in any year shall remain in the Fund and be available for allocation for grants under this chapter in ensuing fiscal years.

§ 63.1-339. Grant application process; administration.

A. Grant applications shall be submitted by community kinship care organizations to the Department between December 1 and March 1. Failure to meet the application deadline shall render the community kinship care organization ineligible to receive a grant during such calendar year. For filings by mail, the postmark cancellation shall govern the date of the filing determination.

B. Applications for grants shall include (i) identification of the community kinship care organization, (ii) identification of the matching funds, and (ii) such other relevant information as the Department may require. As a condition of receipt of a grant, a community kinship care organization shall agree to make available for inspection upon the Department’s request all relevant and applicable documents to determine whether the community kinship care organization meets the requirements for the receipt of grants as set forth in this chapter, and to consent to the use by the Department, for official purposes, of all relevant information relating to eligibility for the requested grant.

C. The Department shall review applications for grants and determine the amount of the grant to be allocated to each community kinship care organization in accordance with the Virginia Public Procurement Act (§ 11-35 et seq.).

D. A community kinship care organization shall have no claim against the Commonwealth with respect to any grant authorized by this chapter.

E. The Department shall certify to the Comptroller the amount of the grant to be allocated to eligible applicants. Payments shall be made by check issued by the State Treasurer on warrant of the Comptroller. The Comptroller shall not draw any warrants to issue checks for this program without a specific legislative appropriation as specified in conditions and restrictions on expenditures in the appropriation act.

F. Actions of the Department relating to the review, allocation and awarding of grants shall be exempt from the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) pursuant to subdivision B. 4. of § 9-6.14:4.1. Decisions of the Department shall be final and not subject to review or appeal.

G. The Department may examine the records, books, and other applicable documents to determine whether the community kinship care organization has satisfied the requirements for grants as set forth in this chapter.

§ 63.1-340. Interagency Advisory Committee on Kinship Care.

There is hereby established an Interagency Advisory Committee on Kinship Care to be composed of the Directors or Commissioners of the Department for the Aging, the Department of Health, the Department of Juvenile Justice, and the 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.