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2014 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Frank W. Wagner

Clerk: Eric Bingham
Staff: Sarah Stanton
Date of Meeting: January 24, 2014
Time and Place: 8:30am Senate Room B

S.B. 136 Department of Behavioral Health and Developmental Services; training center residents care.

Patron: Newman

Department of Behavioral Health and Developmental Services; training center residents; quality of care. Requires the Secretary of Health and Human Resources to ensure that, before any training center resident is transferred to another facility or placed in community-based care, adequate resources are in place to guarantee the receiving facility provides an equal or better quality of care as compared to the resident's current training center.

A BILL to ensure adequate resources are available to training center residents transferred to another facility or placed in community-based care.

14102442D

S.B. 153 Comprehensive Services for At-Risk Youth and Families; special education programs.

Patron: Stuart

Comprehensive Services for At-Risk Youth and Families; special education programs. Expands eligibility for services through the Comprehensive Services for At-Risk Youth and Families program to students placed in public school special educational programs established by a school division for the purpose of providing special education when the public school special educational program is able to provide services comparable to those of an approved private school special educational program, and the student would require placement in an approved private school special educational program but for the availability of the public school special educational program.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Comprehensive Services for At-Risk Youth and Families; special education programs.

14102664D

S.B. 167 Felons; weekend jail time.

Patron: Stanley

Weekend jail time. Allows the court to sentence a felon to nonconsecutive days or weekend jail time if the felony was not an "act of violence" as defined in § 19.2-297.1. The bill also eliminates the provision that nonconsecutive days or weekend jail time is for the purpose of allowing the defendant to retain employment. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact § 53.1-131.1 of the Code of Virginia, relating to nonconsecutive jail days.

14101436D

S.B. 177 Service dog; definition.

Patron: Reeves

Definition of "service dog." Expands the definition of "service dog" to include dogs trained to assist persons suffering from a physical, sensory, intellectual, developmental, or mental disability or mental illness. The current definition is limited to dogs assisting a mobility-impaired person. The definition affects the rights of persons with disabilities who use trained service dogs with regard to dog license taxes, public accommodations, and housing. The bill contains technical amendments.

A BILL to amend and reenact §§ 3.2-6528, 51.5-40 through 51.5-42, 51.5-44, and 51.5-45 of the Code of Virginia, relating to the definition of "service dog."

14100485D

S.B. 195 Child care; services for TANF and low-income families.

Patron: Stanley

Child care services for TANF and low-income families. Directs the Department of Social Services to provide financial assistance to offset the cost of child care for individuals receiving TANF and other individuals whose household incomes are less than 185% of the federal poverty level and who are employed or participating in job placement, job training, or education in accordance with the requirements of the Virginia Initiative for Employment Not Welfare program.

A BILL to amend and reenact § 63.2-620 of the Code of Virginia, relating to child care services for TANF and low-income families.

14100870D

S.B. 277 DSS; amend the state plan for foster care and adoption assistance to include payments.

Patron: Favola

DSS; amend the state plan for foster care and adoption assistance to include payments for individuals up to age 21. Directs the Department of Social Services to amend the state plan for foster care and adoption assistance to include payments for certain individuals up to the age of 21.

A BILL to require the Department of Social Services to amend the state plan for foster care and adoption assistance to include payments for individuals up to age 21.

14102208D

S.B. 278 Foster care; approval of applicant whose household includes certain individuals.

Patron: Favola

Foster care; approval of applicant whose household includes certain individuals convicted of an offense. Provides that a child-placing agency may approve an applicant as a foster care provider whose household includes an adult who has been convicted of burglary, provided that the adult was a juvenile when the offense occurred, was placed in foster care prior to turning 18 years of age, committed the offense prior to entering foster care, was placed in the home of the applicant for the purpose of foster care, and has not committed an offense since entering foster care, and the child-placing agency makes a specific finding that approving the applicant would not adversely affect the safety or well-being of any child placed with the applicant for purposes of foster care.

A BILL to amend and reenact §§ 63.2-901.1 and 63.2-1721 of the Code of Virginia, relating to foster care; approval of applicant whose household includes certain individuals convicted of an offense.

14100490D

S.B. 284 Kinship care; Board of Social Services to promulgate certain regulations within 280 days.

Patron: Howell

Kinship care; regulations. Directs the Board of Social Services to promulgate regulations governing kinship care placements within 280 days.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-900.01, relating to kinship care; regulations.

14100666D

S.B. 297 DMAS; work search requirements for newly eligible Medicaid enrollees.

Patron: Watkins

DMAS; work search requirements for newly eligible Medicaid enrollees. Requires the Department of Medical Assistance Services to apply for a waiver of certain Medicaid program requirements to establish a work search requirement for newly eligible working-age unemployed and working-age underemployed enrollees and to report on its progress to the Governor and the General Assembly by December 1, 2014.

A BILL to require the Department of Medical Assistance Services to establish work search requirements for newly eligible Medicaid enrollees.

14100741D

S.B. 307 Alcoholic beverage control; composition of board.

Patron: Deeds

Alcoholic beverage control; composition of board. Changes the duties and compensation of the three-member Alcoholic Beverage Control Board. The bill provides that the chairman shall continue to serve full-time and receive a salary fixed by the General Assembly and redesignates the remaining two positions as part-time associate positions for which members shall receive per diem compensation.

A BILL to amend and reenact § 4.1-102 of the Code of Virginia, relating to alcoholic beverage control; composition of board.

14100376D

S.B. 331 Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator.

Patron: Howell

Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator. Prohibits any individual who has not previously participated in investigations of alleged abuse or neglect of a child from participating in investigations of cases of alleged sexual abuse of a child unless he has completed a training program for investigation of cases involving alleged sexual abuse of a child or is directly supervised by a person who has completed such training. The bill also prohibits individuals who have not completed training for investigation of cases involving alleged sexual abuse of a child from making dispositional findings in such cases.

A BILL to amend and reenact § 63.2-1505 of the Code of Virginia, relating to investigation of cases involving alleged sexual abuse of a child; qualifications of investigator.

14102912D

S.B. 332 Suspected abuse or neglect of a child; reports to law enforcement.

Patron: Howell

Suspected abuse or neglect of a child; reports to law enforcement. Requires the local department of social services to complete a written report on a form provided by the Board of Social Services for such purpose for each case in which a local law-enforcement agency is notified of a case of suspected child abuse or neglect.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to suspected abuse or neglect of a child; reports to law enforcement.

14102915D

S.B. 336 Adoption; person other than spouse of a parent may adopt child.

Patron: Howell

Adoption by person other than spouse of a parent. Provides that a person other than the spouse of a parent may adopt a child if the child has only one parent, the adoption would not terminate the parental rights of the parent, and the parent joins in the petition for the purpose of indicating his consent.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 63.2 an article numbered 4.2, consisting of a section numbered 63.2-1242.4, relating to adoption by person other than the spouse of a parent.

14101919D

S.B. 353 Criminal history record checks; sets out list of barrier crimes.

Patron: Edwards

Criminal history record checks; barrier crimes. Sets out the list of barrier crimes for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services by setting out each of the crimes included in the definition of "barrier crime." The bill also makes technical changes and updates obsolete language.

A BILL to amend and reenact §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-901.1, 63.2-1601.1, 63.2-1704, 63.2-1717, and 63.2-1720 through 63.2-1726 of the Code of Virginia and to repeal § 63.2-1719 of the Code of Virginia, relating to criminal history background checks; barrier crimes.

14103377D

S.B. 369 Comprehensive Services for At-Risk Youth and Families, State Executive Council for; membership.

Patron: Favola

State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership. Increases the membership of the State Executive Council for Comprehensive Services for At-Risk Youth and Families by adding a third private provider representative and a member who may be either a representative of a child advocacy group or organization or a representative of a mental health advocacy group with a specialization in children's mental health. The bill also provides that the members of the Council who are parent representatives may not be a current member of a county board of supervisors or city council or a county administrator or city manager.

A BILL to amend and reenact § 2.2-2648 of the Code of Virginia, relating to the State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership.

14103452D

S.B. 400 Kinship foster care; removal of child from physical custody of kinship foster parent.

Patron: Reeves

Kinship foster care; removal. Provides that a child placed in kinship foster care shall not be removed from the physical custody of the kinship foster parent, provided the child has been living with the kinship foster parent for six consecutive months and the placement continues to meet approval standards for foster care, unless the kinship foster parent consents to the removal; removal is agreed upon at a family partnership meeting; removal is ordered by a court of competent jurisdiction; or removal is warranted pursuant to § 63.2-1517 of the Code of Virginia.

A BILL to amend and reenact § 63.2-900.1 of the Code of Virginia, relating to kinship foster care; removal.

14100563D

S.B. 417 Local boards of social services; authority to employ in-house counsel.

Patron: Hanger

Authority of local boards of social services to employ in-house counsel. Authorizes local boards of social services to employ in-house counsel to provide general legal advice and representation related to specific actions.

A BILL to amend and reenact § 63.2-317 of the Code of Virginia, relating to the authority of local boards of social services to employ in-house counsel.

14101550D

S.B. 426 State Executive Council for Comprehensive Services for At-Risk Youth and Families; regulations.

Patron: Hanger

State Executive Council for Comprehensive Services for At-Risk Youth and Families; regulations. Provides that the State Executive Council for Comprehensive Services for At-Risk Youth and Families may promulgate regulations necessary to carry out its powers and duties. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-2648 of the Code of Virginia, relating to State Executive Council for Comprehensive Services for At-Risk Youth and Families; regulations.

14101838D

S.B. 430 Alcoholic beverage control; farm brewery license created, local regulation of certain activities.

Patron: Watkins

Alcoholic beverage control; farm brewery license created; local regulation of certain activities. Creates a new farm brewery license and sets out the privileges of this new license and the state and local license tax. The bill defines farm brewery. The bill also limits application of local zoning ordinances to farm breweries in the same manner as farm wineries and specifically provides that no local ordinance shall impose minimum parking, road access, or road upgrade requirements on any licensed farm brewery. The bill contains numerous technical amendments.

A BILL to amend and reenact §§ 4.1-100, 4.1-112.2, 4.1-119, 4.1-123, 4.1-128, 4.1-200, 4.1-201, 4.1-201.1, 4.1-208, 4.1-209.1, 4.1-212, 4.1-212.1, 4.1-215, 4.1-231, 4.1-233, 4.1-235, 4.1-238, 4.1-324, 4.1-325.2, 4.1-326, 4.1-500, and 15.2-2288.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-219.1, relating to alcoholic beverage control; farm brewery license created; local regulation of certain activities.

14103430D

S.B. 437 Child day programs; radon testing for those located in buildings that have basement.

Patron: Barker

Child day programs; radon testing. Requires certain child day programs to have the buildings in which they operate tested for radon and to make the test results available to the public.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-1811.1, relating to child day programs; radon testing.

14102242D

S.B. 502 Alcoholic beverage control; limited mixed-beverage restaurant licenses.

Patron: Favola

Alcoholic beverage control; limited mixed-beverage restaurant licenses. Allows limited mixed-beverage restaurant licensees to sell and serve wine, beer, and champagne for on-premises consumption.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; limited mixed-beverage restaurant licenses.

14100737D

S.B. 534 Local departments; consent to treatment and collection of evidence.

Patron: Barker

Local departments; consent to treatment and collection of evidence. Provides that a local director of social services or his designee may consent to (i) surgical or medical treatment of a minor in the custody of the local department of socials services in certain situations and (ii) the collection of forensic evidence on behalf of a minor in the custody of the local department in cases in which the minor is believed to be the victim of sexual assault.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 63.2 a section numbered 63.2-916, relating to local directors; consent to treatment and collection of evidence.

14102783D

S.B. 572 Long-Term Care Ombudsman, Office of State; access to certain records.

Patron: Barker

Office of the State Long-Term Care Ombudsman. Provides that the entity designated by the Department for Aging and Rehabilitative Services to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to facilities, clients, and the records of licensed assisted living facilities, licensed adult day care centers, home care organizations, hospice facilities, certified nursing facilities or nursing homes, providers, state hospitals or training centers operated by the Department of Behavioral Health and Developmental Services, and area agencies on aging or any entity providing services pursuant to a contract with an area agency on aging.

A BILL to amend and reenact § 51.5-140 of the Code of Virginia, relating to the Office of the State Long-Term Care Ombudsman.

14103211D

S.B. 604 Office of Immigrant Assistance created.

Patron: Ebbin

Office of Immigrant Assistance created. Establishes in the Department of Social Services an Office of Immigrant Assistance to assist persons lawfully entering the United States and the Commonwealth for the purpose of becoming citizens. The Office shall provide (i) advice and assistance regarding the citizenship application process and (ii) assistance with finding and securing employment, housing, and services for which such persons may be eligible.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-209.1, relating to Office of Immigrant Assistance.

14103707D

S.B. 607 Method of execution; Director of DOC certifies that lethal injection isn't available, electrocution.

Patron: Carrico

Method of execution. Provides that if the Director of the Department of Corrections certifies that lethal injection is not available as a method of execution, electrocution shall be used instead.

A BILL to amend and reenact § 53.1-234 of the Code of Virginia, relating to method of execution.

14103720D

S.B. 613 Juvenile delinquency prevention and youth development programs savings grants.

Patron: Locke

Juvenile delinquency prevention and youth development programs savings grants. Establishes the Juvenile Delinquency Prevention and Youth Development Program Savings Fund to provide grants in an amount equal to 50 percent of the total amount of savings to the Commonwealth resulting from operation of a juvenile delinquency prevention or youth development program by a local governing body or private nonprofit or for-profit organization to such local governing body or private organization.

A BILL to amend and reenact § 66-31 of the Code of Virginia and to add in Chapter 3 of Title 66 sections numbered 66-36 and 66-37, relating to a juvenile delinquency prevention and youth development programs savings grants.

14103732D

S.B. 620 Alcoholic beverage control; operation of government stores.

Patron: Vogel

Alcoholic beverage control; operation of government stores. Provides that the ABC Board may appoint the holder of a distiller's license or its officers and employees as agents of the Board for the sale of spirits, manufactured by or for, or blended by, such licensee on the licensed premises, at government stores established by the Board on the distiller's licensed premises, provided such licensee is employing traditional techniques, including the maceration of natural fruits, nuts, grains, beans, and spices in neutral grain spirits to extract natural flavors used to produce or blend liqueurs and spirits.

A BILL to amend and reenact § 4.1-119 of the Code of Virginia, relating to alcoholic beverage control; operation of government stores.

14103326D

S.B. 627 Department of Behavioral Health and Developmental Services; quality of care; disclosure.

Patron: Newman

Department of Behavioral Health and Developmental Services; training center residents; quality of care; disclosure. Requires the Department of Behavioral Health and Developmental Services to, before transferring any training center resident to another training center or to community-based care, provide written certification to the training center resident or his legally authorized representative that the receiving facility provides quality of care equal to or higher than that provided in the resident's current training center and that all permissible placement options have been disclosed.

A BILL to ensure adequate resources are available and disclosed to training center residents prior to their transfer to another training center or community-based care.

14103681D

S.B. 641 Exemption from reporting citizenship status of prisoners for certain correctional facilities.

Patron: McDougle

Exemption from reporting citizenship status of prisoners for certain correctional facilities. Exempts correctional facilities that make use of the Secure Communities program administered by U.S. Customs and Immigration Enforcement from notifying the Central Criminal Records Exchange as to the results of an inquiry of the immigration status of an inmate. Such results are automatically communicated through the Secure Communities program.

A BILL to amend and reenact § 53.1-218 of the Code of Virginia, relating to exemption from reporting citizenship status of prisoners for certain correctional facilities.

14104008D

S.B. 642 Alcoholic beverage control; temporary licenses for applicant for mixed beverage restaurant license.

Patron: McEachin

Alcoholic beverage control; temporary licenses for applicant for mixed beverage restaurant licenses; penalty. Sets out a process for the issuance of a temporary license to applicants for a new mixed beverage restaurant license beginning July 1, 2014, as a condition of the issuance of an annual mixed beverage restaurant license. The bill also requires the ABC to adopt regulations for the imposition of sanctions for violations of the mixed beverage ratio and for not meeting the monthly food sale requirements in ABC Board regulations. The bill requires the ABC Board to report to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services on the implementation of the bill by July 1, 2016. The bill contains technical amendments.

A BILL to amend and reenact §§ 4.1-111, 4.1-210, and 4.1-211 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-210.1, relating to alcoholic beverage control; temporary license for applicant for mixed beverage restaurant license; penalty.

14103800D

S.B. 661 Parole; hearing for nonviolent offenders whose crime was committed on or after January 1, 1995.

Patron: Puckett

Parole; nonviolent felons. Allows a parole hearing for nonviolent offenders whose crime was committed on or after January 1, 1995, and who have served 50% of their sentence. If the incarceration is the offender's second felony incarceration in Virginia or another state, the offender must serve 75% of the sentence before becoming eligible for a parole hearing.

A BILL to amend and reenact §§ 19.2-11.01, 19.2-299, 19.2-315, 19.2-316.2, 19.2-316.3, 19.2-390, 53.1-40.10, 53.1-67.6, 53.1-133.03, 53.1-136, and 53.1-165.1, and 53.1- of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 53.1 an article numbered 3.1, consisting of sections numbered 53.1-165.2 through 53.1-165.16, relating to parole for nonviolent felons.

14103522D

S.B. 662 Fairfax County; child-care subsidy.

Patron: Favola

Fairfax County; child-care subsidy. Allows Fairfax County to continue using a local sliding scale to determine copayment responsibilities for families receiving child-care subsidy. The local sliding scale imposes copayments in an amount between 2.5 and 10 percent of the families' countable monthly income. The statewide fee scale established by the Department of Social Services imposes copayments in an amount between five and 10 percent of the families' countable monthly income.

A BILL to allow Fairfax County to continue using a local sliding scale in determining copayment responsibilities for families receiving child-care subsidy.

14103514D