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2012 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Frank W. Wagner

Date of Meeting: February 3, 2012
Time and Place: 8:00 a.m., Senate Room B

S.B. 6

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.

S.B. 83

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.

S.B. 204

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.

S.B. 239

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.

S.B. 265

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.

S.B. 296

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.

S.B. 303

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.

S.B. 318

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.

S.B. 349

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.

S.B. 396

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.

S.B. 448

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.

S.B. 552

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.

S.B. 569

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.

S.B. 575

Patron: Stuart

Alcoholic beverage control; transfers of wine or beer.  Allows a retail off-premises or on-and-off-premises licensee to transfer any wine or beer from one licensed place of business to another licensed place of business under certain circumstances.

S.B. 586

Patron: Northam

Crimes by prisoners; penalties.  Provides that a prisoner may be charged under both the crimes by prisoners Code section and carrying a concealed weapon without a permit and possession of a firearm by a felon.

S.B. 603

Patron: McWaters

Nonpayment of jail fees; suspension of driver's licenses.   Allows suspension of or refusal to renew the driver's license of persons who do not pay fees that local correctional facilities or regional jails are allowed to charge to defray the cost of their keep. The bill also divides existing § 46.2-320 of the Code of Virginia, relating to other grounds for refusal to issue or renew a driver's license, into two sections; grounds relating to nonpayment of child support (subsections B through E) are moved verbatim to new § 46.2-320.1.

S.B. 622

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.

S.B. 647

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.