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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Chairman: Frank W. Wagner
Clerk: Maryann Horch, Maribeth Turner
Staff: Sarah Stanton
Date of Meeting: January 27, 2012
Time and Place: 8:30 a.m., Senate Room B
Patron: Martin
Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program; however, an individual has one opportunity during the subsequent 12-month period to comply with the screening, assessment, or treatment requirements and be reinstated to eligibility for TANF benefits.
A BILL to amend the Code of Virginia by adding a section numbered 63.2-608.1, relating to eligibility for the Virginia Initiative for Employment Not Welfare Program; screening and assessment for use of illegal substances.12100189D
Patron: McWaters
Substance abuse screening and assessment of public assistance recipients. Requires local departments of social services to screen each participant in the Virginia Initiative for Employment Not Welfare (VIEW) to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. In cases in which drug testing is required, the participant shall pay the cost of such testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program; however, an individual has one opportunity during the subsequent 12-month period to comply with the screening, assessment, or treatment requirements and be reinstated to eligibility for TANF benefits.
A BILL to amend the Code of Virginia by adding a section numbered 63.2-608.1, relating to eligibility for the Virginia Initiative for Employment Not Welfare (VIEW); screening and assessment for use of illegal substances.12100217D
Patron: Favola
Foster care; independent living services. Extends the option of receipt of independent living services to any person who was in foster care on his eighteenth birthday and who has not reached the age of 21 years, regardless of whether the individual has previously terminated receipt of independent living services. Under current law, an individual who was receiving independent living services may request reestablishment of services if under age 21 and if less than 60 days has elapsed from when the individual initially terminated independent living services.
A BILL to amend and reenact § 63.2-905.1 of the Code of Virginia, relating to foster care; independent living services.12100792D
Patron: Favola
Adoption assistance. Increases the age at which adoption assistance for children with special needs terminates from 18 years to 21 years.
A BILL to amend and reenact § 63.2-1302 of the Code of Virginia, relating to adoption assistance.12100793D
Patron: Barker
School placement; children in foster care. Clarifies that the agreement as to where a child placed in foster care will attend school does not need to be made before placing the child in foster care.
A BILL to amend and reenact § 63.2-900.3 of the Code of Virginia, relating to school placement for children in foster care.12102275D
Patron: Stuart
Suspected child abuse and neglect; mandatory reporting; penalties. Reduces the time allowed for reporting suspected child abuse or neglect by a mandated reporter from 72 hours to 24 hours and provides that failure to report is punishable as a Class 3 misdemeanor for the first failure and a Class 1 misdemeanor for a second or subsequent offense. Current law is a fine of not more than $500 for a first offense and not less than $100 nor more than $1,000 for a second or subsequent offense.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to suspected child abuse and neglect; mandatory reporting; penalties.12103167D
Patron: Ebbin
Requirement that certain injuries to children be reported. Adds athletic coaches and directors in public or private schools or in institutions of higher education to the list of persons required to report child abuse or neglect to the Department of Social Services.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to requirement that certain injuries to children be reported by public and private school and college athletic coaches and directors.
12102710D
Patron: Puller
Suspected child abuse and neglect; mandatory reporting; penalties. Reduces the time allowed for reporting suspected child abuse or neglect by a mandated reporter from 72 hours to 24 hours and provides that failure to report is punishable as a Class 1 misdemeanor for the first failure and a Class 6 felony for a second or subsequent offense. Current law imposes a fine of not more than $500 for a first offense and not less than $100 nor more than $1,000 for a second or subsequent offense.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to suspected child abuse and neglect; mandatory reporting; penalties.12102178D
Patron: Howell
Kinship foster care placements. Provides that the Commissioner of Social Services may grant a variance from requirements governing approval of foster homes for children if the placement is a kinship foster care placement, the requirement would impose a hardship on the kinship foster care provider, and the variance will not adversely affect the safety and well-being of the child. The bill also provides that a local board of social services or child-placing agency may approve a kinship foster care provider who has been convicted of a felony related to the possession of drugs other than felony offenses related to possession with the intent to distribute drugs, a misdemeanor conviction for arson, or an equivalent offense in anther state, provided 10 years have elapsed since the date of the conviction and the local board or child-placing agency makes a specific finding that the placement would not endanger the safety or well-being of the child.
A BILL to amend and reenact §§ 63.2-900.1 and 63.2-901.1 of the Code of Virginia, relating to kinship foster care placements.12102966D
Patron: Howell
Mandatory reporting of suspected child abuse; public and private college employees. Adds any person employed by a public or private institution of higher education to the list of individuals required to report suspected abuse or neglect of a child.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to mandatory reporting of suspected child abuse; public and private college employees.12102963D
Patron: Carrico
Substance abuse screening and assessment of public assistance recipients. Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year.
A BILL to amend the Code of Virginia by adding a section numbered 63.2-608.1, relating to eligibility for the Virginia Initiative for Employment Not Welfare Program; screening and assessment for use of illegal substances.12100633D
Patron: McWaters
Child-placing agency; conscience clause. Provides that no private child-placing agency shall be required to consider or consent to any placement of a child for foster care or adoption if such placement would conflict with the religious tenets of the agency's sponsor or any organization or institution with which the agency is associated or affiliated. The bill also provides that such refusal shall not form the basis of any claim for damages for such refusal.
A BILL to amend the Code of Virginia by adding a section numbered 63.2-1709.3, relating to child-placing agencies; conscience clause.12100766D
Patron: Deeds
Virginia Child Protection Accountability System. Requires the Virginia Criminal Sentencing Commission to report information about sentences imposed in cases involving certain criminal violations and requires the Office of the Executive Secretary of the Supreme Court to submit information about emergency and preliminary removal and protective orders for publication on the Internet and in print as part of the Virginia Child Protection Accountability System. The bill also requires the Office of the Executive Secretary of the Supreme Court to work with the Department of Social Services to develop a plan for the submission of additional information related to petitions for and issuance of emergency and preliminary removal and protective orders.
A BILL to amend and reenact § 63.2-1530 of the Code of Virginia, relating to the Virginia Child Protection Accountability System.12103646D
Patron: Hanger
Comprehensive Services for At-Risk Youth and Families; State Executive Council; membership. Adds two local government representatives to the State Executive Council for Comprehensive Services for At-Risk Youth and Families, increasing the number of local government representatives from three to five.
A BILL to amend and reenact § 2.2-2648 of the Code of Virginia, relating to Comprehensive Services for At-Risk Youth and Families; State Executive Council; membership.12100986D
Patron: Vogel
Child abuse in infants; time periods for testing and diagnosis. Eliminates (i) the requirement that a physician's determination of in utero child abuse be made within seven days of birth, (ii) the requirement that toxicology tests be administered to infants within 48 hours of birth, and (iii) the requirement that drug withdrawal in infants be diagnosed within 48 hours of birth. The bill also clarifies that any toxicology test, rather than just blood or urine, may be the basis of a physician's suspicion of abuse.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to child abuse in infants.12100670D
Patron: Favola
Eligibility for TANF; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families assistance shall not be denied assistance solely because he has been convicted of a felony offense of possession of a controlled substance provided he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings.
A BILL to amend the Code of Virginia by adding a section numbered 63.2-607.1, relating to TANF eligibility; drug-related felonies.12103128D
Patron: Ebbin
Contracts with child-placing agencies. Prohibits the Department of Social Services from contracting with or funding child-placing agencies that discriminate in providing placement services to children or prospective parents.
A BILL to amend the Code of Virginia by adding § 63.2-229 prohibiting contracts with or funding of child-placing agencies that engage in discrimination.12104338D
Patron: Howell
Auxiliary grants; third-party payments. Provides that assisted living facilities may accept payments from third parties for certain goods and services provided to auxiliary grant recipients, and that the Department of Social Services shall not count such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant.
A BILL to amend and reenact § 63.2-800 of the Code of Virginia, relating to auxiliary grants; third-party payments.12103060D
Patron: Petersen
Mandatory reporting of child abuse; penalty; damages. Adds individuals associated with or employed by any public organization responsible for the care, custody, or control of children, any person employed by a public or private institution of higher education, and any other person with responsibility for the care, control, or custody of children to the list of individuals required to report suspected child abuse or neglect. The bill increases the penalty for failure of a person required to make a mandatory report of suspected child abuse or neglect from $500 for the first failure and not less than $100 nor more than $1,000 for any subsequent failures to a Class 1 misdemeanor, except that in cases involving sexual abuse or that result in serious bodily injury to or death of a child, the individual is guilty of a Class 6 felony. The bill also provides that any individual who suffers a loss as a result of the failure of a person required to make a mandatory report to make the required report shall be entitled to a civil action to recover damages, attorney fees, and court costs.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to mandatory reporting of child abuse; penalties; damages.12104181D
Patron: McEachin
Contracts with child-placing agencies. Prohibits the Department of Social Services from contracting with or funding child-placing agencies that discriminate in providing placement services to children or prospective parents.
A BILL to amend the Code of Virginia by adding § 63.2-229 prohibiting contracts with or funding of child-placing agencies that engage in discrimination.12104503D