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2015 SESSION
15100962DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-2648 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-2648. State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership; meetings; powers and duties.
A. The State Executive Council for Comprehensive Services for At-Risk Youth and Families (the Council) is established as a supervisory council, within the meaning of § 2.2-2100, in the executive branch of state government.
B. The Council shall consist of one member of the House of Delegates to be appointed by the Speaker of the House and one member of the Senate to be appointed by the Senate Committee on Rules; the Commissioners of Health, of Behavioral Health and Developmental Services, and of Social Services; the Superintendent of Public Instruction; the Executive Secretary of the Virginia Supreme Court; the Director of the Department of Juvenile Justice; the Director of the Department of Medical Assistance Services; a juvenile and domestic relations district court judge, to be appointed by the Governor and serve as an ex officio nonvoting member; five local government representatives chosen from members of a county board of supervisors or a city council and a county administrator or city manager, to be appointed by the Governor; two private provider representatives from facilities that maintain membership in an association of providers for children's or family services and receives funding as authorized by the Comprehensive Services Act for At-Risk Youth and Families (§ 2.2-5200 et seq.), to be appointed by the Governor, who may appoint from nominees recommended by the Virginia Coalition of Private Provider Associations; and two parent representatives. The parent representatives shall be appointed by the Governor for a term not to exceed three years and neither shall be an employee of any public or private program that serves children and families. The Governor's appointments shall be for a term not to exceed three years and shall be limited to no more than two consecutive terms, beginning with appointments after July 1, 2009. Legislative members and ex officio members of the Council shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. Legislative members shall not be included for the purposes of constituting a quorum.
C. The Council shall be chaired by the Secretary of Health and Human Resources or a designated deputy who shall be responsible for convening the council. The Council shall meet, at a minimum, quarterly, to oversee the administration of this article and make such decisions as may be necessary to carry out its purposes. Legislative members shall receive compensation as provided in § 30-19.12 and nonlegislative citizen members shall receive compensation for their services as provided in §§ 2.2-2813 and 2.2-2825.
D. The Council shall have
the following be
responsible for the administration of the Comprehensive Services for At-Risk
Youth and Families program and shall promulgate
such regulations pursuant to the
provisions of the Administrative Process Act (§ 2.2-4000 et seq.)
and adopt such policies as may be necessary to carry out its
powers and duties, which shall include
provisions for:
1. Hire
and supervise Hiring
and supervising a director of the Office of Comprehensive
Services for At-Risk Youth and Families;
2. Appoint
the Appointing
members of the state and local advisory team in accordance with the
requirements of § 2.2-5201;
3. Provide
for the establishment of
Establishing interagency programmatic and fiscal policies developed by
the Office of Comprehensive Services for At-Risk Youth and Families, which that
support the purposes of the Comprehensive Services Act for
At-Risk Youth and Families (§ 2.2-5200 et seq.), through the promulgation of regulations by the
participating state boards or by administrative action, as appropriate;
4. Provide Providing
for a public participation process
for in
development of programmatic and fiscal guidelines policies
and dispute resolution procedures developed for administrative actions that
support the purposes of the Comprehensive Services Act for
At-Risk Youth and Families (§ 2.2-5200 et seq.). The public
participation process shall include, at a minimum, 60 days of public comment
and the distribution of these
guidelines and procedures
such policies to all interested parties;
5. Oversee Overseeing
the administration of and consult consulting
with the Virginia Municipal League and the Virginia Association of Counties
about state policies governing the use, distribution,
and monitoring of moneys in the state pool of funds and the state trust fund;
6. Provide
for the administration of Administering
necessary functions that support the work of the Office of Comprehensive
Services for At-Risk Youth and Families;
7. Review Reviewing
and take taking
appropriate action on issues brought before it by the Office of Comprehensive
Services for At-Risk Youth and Families, Community Policy and Management Teams
(CPMTs), local governments, providers,
and parents;
8. Advise Advising
the Governor and appropriate Cabinet Secretaries on proposed policy and
operational changes that facilitate interagency service development and
implementation, communication,
and cooperation;
9. Provide Providing
administrative support and fiscal incentives for the establishment and
operation of local comprehensive service systems;
10. Oversee coordination of Coordinating
early intervention programs to promote comprehensive, coordinated service
delivery, local interagency program management, and co-location of programs and
services in communities. Early intervention programs include state programs
under the administrative control of the state executive council member
agencies;
11. Oversee
the development Developing
and implementation of implementing
a mandatory uniform assessment instrument and process to be used by all
localities to identify levels of risk of Comprehensive Services Act (CSA)
youth;
12. Oversee
the development Developing
and implementation
of implementing
uniform guidelines to include policies for
initial intake and screening assessment, development and implementation of a
plan of care, service monitoring and periodic follow-up, and the formal review
of the status of the youth and the family;
13. Oversee
the development Developing
and implementation of implementing
uniform guidelines policies
for documentation for CSA-funded services;
14. Review Reviewing
and approve a
request by approving
requests of a CPMT to establish a collaborative,
multidisciplinary team process for referral and reviews of children and
families pursuant to § 2.2-5209;
15. Oversee
the development Developing
and implementation of implementing
mandatory uniform guidelines policies
for utilization management; each locality receiving funds for activities under
the Comprehensive Services Act for At-Risk Youth and
Families shall have a locally determined utilization
management plan following the guidelines or use of a
process approved by the Council for
utilization management,
covering all CSA-funded services;
16. Oversee
the development Developing
and implementation of implementing
uniform data collection standards and overseeing the
collection of data, utilizing a secure electronic client-specific database for
CSA-funded services, which shall include, but not be limited to, the following
client specific information: (i) children served, including those placed out of
state; (ii) individual characteristics of youths and families being served;
(iii) types of services provided; (iv) service utilization including length of
stay; (v) service expenditures; (vi) provider identification number for
specific facilities and programs identified by the state in which the child
receives services; (vii) a data field indicating the circumstances under which
the child ends each service; and (viii) a data field indicating the
circumstances under which the child exits the Comprehensive Services Act
program. All client-specific information shall remain confidential and only
non-identifying aggregate demographic, service, and expenditure information
shall be made available to the public;
17. Oversee
the development Developing
and implementation of a implementing
uniform set of performance measures for
evaluating the Comprehensive Services Act program, including, but not limited
to, the number of youths served in their homes, schools,
and communities. Performance measures shall be based on information: (i)
collected in the client-specific database referenced in subdivision 16, (ii)
from the mandatory uniform assessment instrument referenced in subdivision 11,
and (iii) from available and appropriate client outcome data that is not
prohibited from being shared under federal law and is routinely collected by
the state child-serving agencies that serve on the Council. If provided
client-specific information, state child serving agencies shall report
available and appropriate outcome data in clause (iii) to the Office of
Comprehensive Services for At-Risk Youth and Families. Outcome data submitted
to the Office of Comprehensive Services for At-Risk Youth and Families shall be
used solely for the administration of the Comprehensive Services Act program.
Applicable client outcome data shall include, but not be limited to: (a)
permanency outcomes by the Virginia Department
of Social Services, (b) recidivism outcomes by the Virginia
Department of Juvenile Justice, and (c) educational
outcomes by the Virginia Department
of Education. All client-specific information shall remain confidential and
only non-identifying aggregate outcome information shall be made available to
the public;
18. Oversee
the development Developing
and distribution of distributing
management reports that provide information to the public and CPMTs to help
evaluate child and family outcomes and public and private provider performance
in the provision of services to children and families through the Comprehensive
Services Act program. Management reports shall include total expenditures on
children served through the Comprehensive Services Act program as reported to
the Office of Comprehensive Services for At-Risk Youth and Families by state
child-serving agencies on the Council and shall include, but not be limited to:
(i) client-specific payments for inpatient and outpatient mental health
services, treatment foster care services and residential services made through
the Medicaid program and reported by the Virginia
Department of Medical Assistance Services and (ii)
client-specific payments made through the Title IV-E foster care program
reported by the Virginia Department
of Social Services. The Office of Comprehensive Services shall provide
client-specific information to the state agencies for the sole purpose of the
administration of the Comprehensive Services Act program. All client-specific
information shall remain confidential and only non-identifying aggregate demographic,
service, expenditure, and outcome information shall be made available to the
public;
19. Establish Establishing
and oversee overseeing
the operation of an informal review and negotiation process with the Director
of the Office of Comprehensive Services and a formal dispute resolution
procedure before the State Executive Council, which include formal notice and
an appeals process, should the Director or Council find, upon a formal written
finding, that a CPMT failed to comply with any provision of this the Comprehensive
Services Act for At-Risk Youth
and Families (§ 2.2-5200 et eq.). "Formal notice"
means the Director or Council provides a letter of notification, which
communicates the Director's or the Council's finding, explains the effect of
the finding, and describes the appeal process, to the chief administrative
officer of the local government with a copy to the chair of the CPMT. The
dispute resolution procedure shall also include provisions for remediation by the
CPMT that shall include a plan of correction recommended by the Council and
submitted to the CPMT. If the Council denies reimbursement from the state pool
of funds, the Council and the locality shall develop a plan of repayment;
20. Deny Denying
state funding to a locality, in accordance with subdivision 19, where the CPMT
fails to provide services that comply with the Comprehensive Services Act for At-Risk Youth and Families (§
2.2-5200 et seq.), any other state law or policy, or any federal law pertaining
to the provision of any service funded in accordance with § 2.2-5211;
21. Biennially publish publishing
and disseminate disseminating
to members of the General Assembly and community policy and management teams a
state progress report on comprehensive services to children, youth, and families and a plan for
such services for the next succeeding biennium. The state plan shall:
a. Provide a fiscal profile of current and previous years' federal and state expenditures for a comprehensive service system for children, youth and families;
b. Incorporate information and recommendations from local comprehensive service systems with responsibility for planning and delivering services to children, youth and families;
c. Identify and establish goals for comprehensive services and the estimated costs of implementing these goals, report progress toward previously identified goals and establish priorities for the coming biennium;
d. Report and analyze expenditures associated with children who do not receive pool funding and have emotional and behavioral problems;
e. Identify funding streams used to purchase services in addition to pooled, Medicaid, and Title IV-E funding; and
f. Include such other information or recommendations as may be necessary and appropriate for the improvement and coordinated development of the state's comprehensive services system; and
22. Oversee
the development Developing
and implementation of implementing
mandatory uniform guidelines policies
for intensive care coordination services for children who are at risk of
entering, or are placed in, residential care through the Comprehensive Services
Act program. The guidelines policies
shall: (i) take into account differences among localities, (ii) specify
children and circumstances appropriate for intensive care coordination
services, (iii) define intensive care coordination services, and (iv)
distinguish intensive care coordination services from the regular case
management services provided within the normal scope of responsibility for the
child-serving agencies, including the community services board, the local
school division, local social services agency, court service unit, and
Department of Juvenile Justice. Such guidelines policies
shall address: (a) identifying the strengths and needs of the child and his
family through conducting or reviewing comprehensive assessments including, but
not limited to, information gathered through the mandatory uniform assessment
instrument; (b) identifying specific services and supports necessary to meet
the identified needs of the child and his family, building upon the identified
strengths; (c) implementing a plan for returning the youth to his home,
relative's home, family-like setting, or community at the earliest appropriate
time that addresses his needs, including identification of public or private
community-based services to support the youth and his family during transition
to community-based care; and (d) implementing a plan for regular monitoring and
utilization review of the services and residential placement for the child to
determine whether the services and placement continue to provide the most
appropriate and effective services for the child and his family.