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2015 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Frank W. Wagner

Clerk: Eric Bingham
Staff: Sarah Stanton, David May
Date of Meeting: January 23, 2015
Time and Place: 8:30 AM, Senate Room B

S.B. 679

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.

15100158D

S.B. 788

Patron: Carrico

Public assistance; changes in custody. Requires any circuit or district court entering an order changing or establishing custody to forward a copy of the order to the local board of social services in the city or county in which any person receiving public assistance on behalf of the child resides. The bill also directs local boards of social services to reconsider public assistance grants upon receipt of such orders and, upon any change or withdrawal of public assistance, notify the new custodial parent of his potential eligibility for such assistance.

A BILL to amend and reenact §§ 20-124.2 and 63.2-514 of the Code of Virginia, relating to public assistance; changes in custody.

15100575D

S.B. 802

Patron: Favola

State Board of Social Services; annual review of payments made to Temporary Assistance for Needy Families program recipients and indexing of such payments to the Consumer Price Index. Requires the State Board of Social Services to develop and implement a process for annually reviewing the amount of assistance paid to eligible recipients through the Temporary Assistance for Needy Families (TANF) program and indexing the amount of such payments in an amount equal to the percentage change in the Consumer Price Index for the year immediately preceding the year in which the review occurs. The provisions of the bill are contingent on federal funding and inclusion in a general appropriation act. The bill requires the State Board of Social Services to report to the Governor and the General Assembly on its progress in implementing the provisions of the act no later than December 1, 2015.

A BILL to require the State Board of Social Services to annually review the amount of payments made to Temporary Assistance to Needy Families program recipients and index the amount of such payments to the Consumer Price Index.

15100855D

S.B. 804

Patron: Stanley

Weekend jail time. Replaces the provision limiting nonconsecutive days for the purpose of allowing the defendant to retain gainful employment with a good cause standard and allows the court to sentence the defendant to nonconsecutive days in jail only if the active portion of the sentence remaining to be served is 120 days or fewer. The bill allows the court to sentence felons to nonconsecutive days in jail if the felony was not an act of violence as defined in § 19.2-297.1.

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

15100715D

S.B. 819

Patron: Favola

TANF eligibility; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families benefits shall not be denied such benefits solely because he has been convicted of a felony offense of possession of a controlled substance, provided he is not using illegal drugs, complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. The provisions of the bill are contingent on funding in a general appropriation act.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-607.1, relating to TANF eligibility; drug-related felonies.

15100856D

S.B. 834

Patron: Martin

Post-adoption services. Requires the State Registrar of Vital Records, when issuing a new certificate of birth pursuant to an adoption, to provide adoptive parents with a document listing all post-adoption services available to adoptive families. The bill requires the Department of Social Services to create, annually update, and make this document available on its website.

A BILL to amend and reenact §§ 32.1-261 and 63.2-1220 of the Code of Virginia, relating to post-adoption services.

15101798D

S.B. 846

Patron: Stanley

Recipients of public assistance; access to financial literacy courses. Directs the Department of Social Services, in consultation with the Virginia Employment Commission and Virginia Community College System, to develop and implement a plan under which citizens receiving public assistance will be provided information on free financial literacy courses.

A BILL to amend and reenact § 63.2-226 of the Code of Virginia, relating to the Department of Social Services; statewide referral system; information on financial literacy courses.

15102925D

S.B. 850

Patron: Favola

Comprehensive Services Act for At-Risk Youth and Families; name change. Changes the name of the Comprehensive Services Act for At-Risk Youth and Families to the Children's Services Act.

A BILL to amend and reenact §§ 2.2-212, 2.2-2101, as it is currently effective and as it shall become effective, 2.2-2648, 2.2-2649, 2.2-4345, 2.2-5200, 2.2-5201, 2.2-5206, 2.2-5208, 2.2-5210, 2.2-5211.1, 2.2-5213, 2.2-5214, 16.1-286, 37.2-408, 63.2-226, 63.2-410, 63.2-1737, and 66-24 of the Code of Virginia, relating to the Comprehensive Services Act for At-Risk Youth and Families; name change.

15101145D

S.B. 947

Patron: Favola

Foster care plan. Removes the provision requiring that the Department of Social Services create a separate section within a foster care plan that describes the reasons why a child cannot be returned home and the alternative chosen and allows such information to be sent to foster parents.

A BILL to amend and reenact § 16.1-281 of the Code of Virginia, relating to foster care plan.

15101411D

S.B. 966

Patron: Barker

Temporary detention order; custody. Removes the requirement that a person subject to a temporary detention order remain in the custody of the community services board for the duration of the order. This requirement was in conflict with other Code sections that require that such person remain in the custody of law enforcement until custody is transferred to a facility (§ 37.2-809 (E)) or to an alternative transportation provider (§ 37.2-810 (B)).

A BILL to amend and reenact § 37.2-809.1 of the Code of Virginia, relating to temporary detention order; custody.

15101609D

S.B. 967

Patron: Favola

Extended foster care services and support. Creates the Extended Foster Care Services and Support Program to provide foster care services and support, including foster care maintenance payments, to qualifying individuals age 18 to 21 years who were formerly in the custody of a local board of social services.

A BILL to amend and reenact §§ 16.1-241, 63.2-100, and 63.2-1302 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-283.3 and by adding in Chapter 9 of Title 63.2 an article numbered 2, consisting of sections numbered 63.2-916 through 63.2-921, relating to extended foster care services and support.

15101695D

S.B. 970

Patron: Ruff

Child support; notice of administrative support order. Allows the Department of Social Services to serve notice of an administrative support order, or a review of such order, by electronic means. Under current law, absent a formal waiver, notice must be served in accordance with the provisions of § 8.01-296, 8.01-327, or 8.01-329 or by certified mail, return receipt requested.

A BILL to amend and reenact § 63.2-1916 of the Code of Virginia, relating to child support; notice of administrative support order.

15101557D

S.B. 1039

Patron: Hanger

Woodrow Wilson Rehabilitation Center; name change. Changes the name of the Woodrow Wilson Rehabilitation Center to the Wilson Workforce Readiness Center to reflect its mission.

A BILL to amend and reenact §§ 22.1-218, 22.1-220, 23-14, 32.1-102.1, 32.1-330, 51.1-209, 51.5-55, 51.5-131, and 51.5-132 of the Code of Virginia, relating to Woodrow Wilson Rehabilitation Center; name change.

15101419D

S.B. 1041

Patron: Hanger

Community policy and management teams. Directs community policy and management teams to establish as part of their policies governing referrals and reviews of children and families to the family assessment and planning teams or a collaborative, multidisciplinary team process approved by the State Executive Council for Comprehensive Services for At-Risk Youth and Families to include a process for parents and persons who have primary physical custody of a child to directly refer children in their care to the teams.

A BILL to amend and reenact § 2.2-5206 of the Code of Virginia, relating to community policy and management teams.

15102259D

S.B. 1049

Patron: McDougle

Regional jail construction and contracts; state reimbursement. Reduces from one-half to one-fourth the maximum state reimbursement for capital costs for construction, enlargement, or renovation of regional jails and jails where there is a regional contract for cooperative jailing.

A BILL to amend and reenact §§ 53.1-81 and 53.1-82 of the Code of Virginia, relating to reimbursement of capital costs; regional jails; regional contracts for cooperative jailing.

15101139D

S.B. 1054

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 shall 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.

15100962D

S.B. 1095

Patron: McEachin

Prospective foster parents; barrier crimes. Allows child-placing agencies to approve as an adoptive or foster parent an applicant convicted of felony possession of drugs with intent to distribute, provided the applicant has had his civil rights restored by the Governor and at least 20 years have elapsed since the conviction.

A BILL to amend and reenact § 63.2-1721 of the Code of Virginia, relating to prospective foster parents; barrier crimes.

15101597D

S.B. 1104

Patron: McWaters

Post-adoption services. Requires the State Registrar of Vital Records, when issuing a new certificate of birth pursuant to an adoption, to provide adoptive parents with a document listing all post-adoption services available to adoptive families. The bill requires the Department of Social Services to create, annually update, and make this document available on its website.

A BILL to amend and reenact §§ 32.1-261 and 63.2-1220 of the Code of Virginia, relating to post-adoption services.

15102070D

S.B. 1151

Patron: Wexton

State and local advisory team; membership. Expands membership of the state and local advisory team for the State Executive Council for Comprehensive Services for At-Risk Youth and Families to include (i) one parent representative who is not an employee of any public or private program that serves children and families and who has a child who has received services that are within the purview of the Comprehensive Services Act and (ii) one member from each of the five different geographical areas of the Commonwealth who is representative of one of the different participants of community policy and management teams pursuant to § 2.2-5205.

A BILL to amend and reenact § 2.2-5201 of the Code of Virginia, relating to the state and local advisory team; membership.

15101417D

S.B. 1152

Patron: Wexton

Criminal gang files. Allows the Department of Corrections to enter information into state and federal gang files on an offender who is incarcerated for more than one year at any time before the offender is released from incarceration. Current law requires such entry to be made "as soon as practicable" after determining that the person is a member of an organized criminal gang.

A BILL to amend and reenact § 52-8.6 of the Code of Virginia, relating to criminal street gang reporting; incarcerated persons.

15101812D

S.B. 1164

Patron: Watkins

Board of Corrections; Department of Corrections; powers and duties. Transfers certain powers and duties of the State Board of Corrections to the Department of Corrections, including establishing procedures for home incarceration, work release, and educational programs for state prisoners; establishing operating procedures for securing the confidentiality of prisoner medical and mental health records; applying good conduct credits for extraordinary assistance; determining the payment of prisoner keep; and determining facilities to be used for Boot Camp Incarceration. The bill gives the Department the authority to determine who may enter a correctional facility, as opposed to the Board granting such approval. The bill grants the Department the authority to issue directives and develop operating procedures in certain instances where current law requires regulations to be promulgated by the Board.

A BILL to amend and reenact §§ 19.2-316.3, 19.2-354, 53.1-1, 53.1-5, 53.1-5.1, 53.1-8, 53.1-10, 53.1-18, 53.1-19, 53.1-30, 53.1-32, 53.1-32.1, 53.1-37, 53.1-42, 53.1-43, 53.1-60, 53.1-67.1, 53.1-131, 53.1-131.2, 53.1-133.03, 53.1-145, 53.1-150.1, 53.1-154.1, 53.1-164, 53.1-191, 53.1-200, 53.1-202.4, and 53.1-266 of the Code of Virginia, relating to the Board of Corrections; Department of Corrections; powers and duties.

15103356D

S.B. 1224

Patron: Reeves

Commissioner for Aging and Rehabilitative Services; voluntary certification program for service dogs; penalty. Requires the Commissioner for Aging and Rehabilitative Services to establish a voluntary certification program for service dogs that have completed training from an accredited training provider. No person may represent a dog as a "certified service dog" unless the dog has been granted the certification by the Commission. Under the bill, any person who represents a dog as a "certified service dog" when it is not is guilty of a Class 4 misdemeanor punishable by a fine of not more than $250.

A BILL to amend the Code of Virginia by adding a section numbered 51.5-132.1, relating to Commissioner for Aging and Rehabilitative Services; voluntary certification program for service dogs; penalty.

15101339D

S.B. 1258

Patron: Deeds

Department of Corrections; interstate transportation of prisoners. Authorizes corrections personnel of other states and the United States to retain jurisdiction over any prisoner they transport within the Commonwealth. The bill also authorizes staff of the Department of Corrections to transport prisoners across state lines and clarifies that they retain authority over such prisoners during such transport. In addition, the bill authorizes the Director of the Department of Corrections to enter into reciprocal agreements with other states' corrections agencies governing such transports.

A BILL to amend and reenact §§ 53.1-10 and 53.1-31.1 of the Code of Virginia, relating to Department of Corrections; interstate transportation of prisoners.

15101810D

S.B. 1268

Patron: Deeds

Adoption; child in custody of prospective adoptive parent(s) for five years or more. Allows the juvenile and domestic relations district court to waive the home study and counseling requirements in an adoption proceeding if the child has been in the continuous legal and physical custody of the prospective adoptive parent(s) for five or more years.

A BILL to amend the Code of Virginia by adding in Article 4.1 of Chapter 12 of Title 63.2 a section numbered 63.2-1242.4, relating to adoption; child in custody of prospective adoptive parent(s) for five years or more.

15102615D

S.B. 1269

Patron: Deeds

Alcoholic beverage control; privileges of holders of certain multiple licenses; distiller's remote license. Provides that a licensed distiller who is an agent of the ABC Board shall earn a 30 percent commission on all sales of spirits in closed containers sold on such agent's licensed premises. The bill also allows a person holding multiple licenses for the manufacture of wine, beer, spirits, or cider to provide samples of any alcoholic beverage produced on the licensed premises to persons under certain conditions. The bill creates a new Virginia distiller's remote license, which authorizes the owners, employees, or authorized representatives of licensed distillers whose premises are wholly contained within Virginia to sell or give samples of alcoholic beverages of the type specified in the license at licensed events held by the licensee or at a festival or event already authorized by a banquet, banquet special event, or manufacturer multi-day event license. The bill sets other privileges and limitations on this new license and sets the state and local license taxes. The bill also eliminates the volume limits on samples at distillery stores (agents of the ABC Board) or government stores and allows samples to be given so long as the person consuming the alcoholic beverages is not under age or intoxicated.

A BILL to amend and reenact §§ 4.1-119, 4.1-201, 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; privileges of holders of certain multiple licenses; distiller's remote license.

15103389D

S.B. 1272

Patron: Deeds

Alcoholic beverage control; limited distiller's license. Creates a limited distiller's license for distilleries that (i) manufacture no more than 36,000 gallons of spirits per calendar year, (ii) are located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such distillery or its owner, and (iii) grow agricultural products on the farm that are used in the manufacture of its alcoholic beverages. The bill also establishes local and state taxes for limited distillers' licenses and prevents local regulation of certain activities by such licensees.

A BILL to amend and reenact §§ 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2288.3:2, relating to alcoholic beverage control; limited distiller's license.

15102005D

S.B. 1273

Patron: Barker

Alcoholic beverage control; regulations of the Alcoholic Beverage Control Board relating to certain brewery personnel. Requires the ABC Board to adopt regulations that prescribe the terms and conditions under which tour guides employed by a licensed brewery that manufactures no more than 10,000 barrels of beer during the license year may consume samples of the beer manufactured on the licensed premises while conducting tours of the premises. The bill provides that the samples of beer shall not exceed four ounces, that no more than three product samples may be consumed by the tour guide, and that the purpose of the consumption is to feature and educate the consuming public visiting the licensed premises about the beer being tasted.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; regulations of the Alcoholic Beverage Control Board; certain brewery personnel.

15103307D

S.B. 1287

Patron: Watkins

Alcoholic beverage control; mixed beverage licenses. Provides that mixed beverage licenses may be granted to establishments located on property within the boundary of any town incorporated in 1911 located adjacent to the intersection of Route 63 and Route 58 Alternate (Town of Saint Paul).

A BILL to amend and reenact § 4.1-126 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licenses.

15102473D