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2016 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Eric Bingham
Staff: Sarah Stanton, David May
Date of Meeting: January 29, 2016
Time and Place: 8:00 AM, Senate Room B
The meeting has been moved to 8am

S.B. 249 Financial exploitation of adults; documentation referred to State Police.

Patron: Black

Financial exploitation of adults. Provides that upon receipt of a report on or during an adult protective services investigation of suspected financial exploitation of an adult 60 years old or older or incapacitated in which financial losses to such adult resulting from the exploitation are suspected to be greater than $50,000, the local department of social services or adult protective services hotline shall immediately refer the matter to both the Department of State Police and local law enforcement.

A BILL to amend and reenact § 63.2-1605 of the Code of Virginia, relating to financial exploitation of adults.

16101899D

S.B. 253 Confidentiality of information about victims of certain crimes.

Patron: DeSteph

Confidentiality of information about victims of certain crimes. Provides that, in order to ensure the safety of any adult or child victim of a violation of § 18.2-48, 18.2-355, 18.5-356, 18.2-357, or 18.2-357.1 and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services by limiting the disclosure of information about such victims.

A BILL to amend and reenact § 63.2-104.1 of the Code of Virginia, relating to confidentiality of information about victims of certain crimes.

16102373D

S.B. 269 Social Services, State Board of; amends requirements governing composition of membership.

Patron: Chafin

State Board of Social Services; membership. Amends requirements governing the composition of the 11-member State Board of Social Services by replacing the requirement that one member be a representative of a stand-alone licensed child care center that meets the accountability standards of state recognized accreditation pursuant to § 22.1-19 and one member be a representative of a religiously exempt child care center with a requirement that two members be representatives of regulated child care providers.

A BILL to amend and reenact § 63.2-215 of the Code of Virginia, relating to State Board of Social Services; membership.

16101298D

S.B. 276 Child protective services, local; reporting.

Patron: Wexton

Local child protective services; reporting. Requires local departments of social services to report all active investigations and assessments related to child abuse or neglect to the Department of Social Services on a monthly basis.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to local child protective services; reporting requirements.

16101928D

S.B. 278 Child welfare agencies; background checks for volunteers and employees.

Patron: Wexton

Child welfare agencies; background checks. Requires that background checks for employees and volunteers of child welfare agencies include, among other existing requirements, a sworn statement or affirmation disclosing whether the person is currently the subject of a complaint of child abuse or neglect. The bill also prohibits child welfare agencies from continuing to employ or allowing to serve as a volunteer persons convicted of certain offenses.

A BILL to amend and reenact §§ 63.2-1720, as it is currently effective, 63.2-1720.1, as it shall become effective, 63.2-1721, as it is currently effective and as it shall become effective, and 63.2-1721.1, as it shall become effective, of the Code of Virginia, relating to child welfare agencies; background checks.

16102454D

S.B. 346 Family and Children's Trust Fund; exempt from taxation.

Patron: Dance

Family and Children's Trust Fund; exempt from taxation. Clarifies that the Family and Children's Trust Fund performs an essential governmental function and thus gifts, contributions, grants, devises, or bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund are exempt from all state and local taxes and regarded as the property of the Commonwealth for the purposes of all tax laws.

A BILL to amend and reenact § 63.2-2100 of the Code of Virginia, relating to Family and Children's Trust Fund; taxation.

16102823D

S.B. 385 Foster and adoptive parents; criminal conviction waiver process.

Patron: Hanger

Foster and adoptive parents; waiver. Provides the same criminal conviction waiver process for foster and adoptive parents that is currently available to persons who seek to operate, volunteer at, or work at child welfare agencies.

A BILL to amend and reenact § 63.2-1723 of the Code of Virginia, relating to foster and adoptive parents; waiver.

16102077D

S.B. 412 Financial exploitation of adults; documentation referred to State Police.

Patron: Barker

Financial exploitation of adults. Provides that upon receipt of a report of suspected financial exploitation of an adult 60 years old or older or incapacitated in which financial losses to such adult resulting from the exploitation are suspected to be greater than $50,000, the local department of social services or adult protective services hotline shall immediately refer the matter and all relevant documentation to both the Department of State Police and the local law-enforcement agency where the adult resides or where the alleged exploitation took place, or if these places are unknown, where the alleged exploitation was discovered, for investigation.

A BILL to amend and reenact § 63.2-1605 of the Code of Virginia, relating to financial exploitation of adults.

16102466D

S.B. 417 Social Services, Department of; unauthorized practice of law.

Patron: Vogel

Department of Social Services; unauthorized practice of law. Allows designated nonattorney employees of a local department of social services to (i) initiate a case on behalf of the local department by appearing before an intake officer and (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause. The bill also directs directors of local departments of social services to designate nonattorney employees who are authorized to perform such tasks.

A BILL to amend and reenact §§ 16.1-260, 54.1-3900, and 63.2-332 of the Code of Virginia, relating to Department of Social Services; unauthorized practice of law.

16101307D

S.B. 433 Kinship Guardianship Assistance program, established.

Patron: Favola

Kinship Guardianship Assistance program. Creates the Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. The bill sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements. The bill also requires the Board of Social Services to promulgate regulations for the program.

A BILL to amend and reenact §§ 63.2-100, as it is currently effective and as it shall become effective, and 63.2-905 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-1305, relating to creation of Kinship Guardianship Assistance program.

16101539D

S.B. 435 Immigrant Assistance, Office of; created.

Patron: Ebbin

Office of Immigrant Assistance created. Establishes in the Department of Social Services an Office of Immigrant Assistance (the Office) 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 the Office of Immigrant Assistance.

16100356D

S.B. 436 Fostering Futures program, established.

Patron: Favola

Fostering Futures program. Establishes the Foster Futures program to provide services and support to individuals between the ages of 18 and 21 who were formerly in foster care as a minor and are transitioning to full adulthood and self-sufficiency.

A BILL to amend and reenact §§ 16.1-228, 16.1-241, 63.2-100, as it is currently effective and as it shall become effective, 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 63.2-922, relating to Fostering Futures program.

16101846D

S.B. 455 Social Services, Department of; information sharing.

Patron: Dunnavant

Department of Social Services; information sharing. Requires the Department of Social Services to provide access to information regarding a medical assistance applicant's receipt of public assistance from programs administered by the Department to entities approved by the Board of Medical Assistance Services to receive applications and to determine eligibility for medical assistance.

A BILL to amend and reenact § 63.2-101 of the Code of Virginia, relating to Department of Social Services; providing access to the Department of Medical Assistance Services and certain other entities to public assistance information.

16102208D

S.B. 466 Guardianship; communication between incapacitated person and others.

Patron: Wagner

Guardianship; communication between incapacitated person and others. Provides that an incapacitated person for whom a guardian has been appointed has the right of communication, visitation, or interaction with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact. The bill provides that a guardian may place reasonable time, place, or manner restrictions on communication, visitation, or interaction between the incapacitated person and another person; however, the guardian may deny communication, visitation, or interaction only with consent of the court and upon good cause shown.

A BILL to amend the Code of Virginia by adding a section numbered 64.2-2019.1, relating to guardianship; communication between incapacitated person and others.

16100028D

S.B. 467 Child day programs; exemptions from licensure.

Patron: Wagner

Child day programs; exemptions from licensure. Exempts from licensure any child day program that is (i) an instructional program offered by a public or private school that serves preschool-age children and receives state funds or (ii) offered by a local school division, staffed by local school division employees, and attended by children who are enrolled in public school. The bill also removes the directive that any education and care programs provided by public schools that are not exempt from licensure be regulated by the State Board of Education using regulations that incorporate, but may exceed, the regulations for child day centers licensed by the Department of Social Services.

A BILL to amend and reenact §§ 19.2-392.02, 22.1-19, and 63.2-1715 of the Code of Virginia, relating to child day programs; exemptions from licensure.

16100972D

S.B. 601 Child care providers; criminal history background checks.

Patron: Wexton

Child care providers; criminal history background checks. Requires all applicants for licensure as a family day system, registration as a family day home, and approval as a family day home by a family day system, all child day centers that are exempt from licensure by the Department of Social Services, and all child day centers and family day homes that enter into a contract with the Department of Social Services or a local department of social services to provide child care services funded by the Child Care and Development Block Grant, as well as all applicants for employment, employees, applicants to volunteer, and volunteers at such child day centers, family day homes, and family day systems, to undergo fingerprint-based national criminal history background checks beginning July 1, 2017. The bill also requires individuals currently employed by or serving as volunteers at a licensed child day center, family day home, or family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, family day home approved by a family day system, or child day center or family day home that enters into a contract with the Department of Social Services or a local department of social services to provide child care services funded by the Child Care and Development Block Grant to undergo a national background check to be completed by July 1, 2017. In addition, every (i) person who is licensed as a child day center, family day home, or family day system, registered as a family day home, or approved as a family day home by a family day system; (ii) agent of a person who is licensed as a child day center, family day home, or family day system, registered as a family day home, or approved as a family day home by a family day system or who will be involved in the day-to-day operations of the child day center, family day home, or family day system or who is or will be alone with, in control of, or supervising one or more children in a child day center, family day home, or family day system; and (iii) adult living in a licensed child day center or family day home, registered family day home, or family day home approved by a family day system, shall undergo a national background check to be completed by July 1, 2017.

A BILL to amend and reenact §§ 63.2-1720 through 63.2-1721.1, as they shall become effective, 63.2-1722, 63.2-1724, and 63.2-1725 of the Code of Virginia, relating to child care providers; criminal history background check.

16103633D

S.B. 632 Guardianship; communication between incapacitated person and members of his family.

Patron: McEachin

Guardianship; communication between incapacitated person and members of his family. Provides that an incapacitated person for whom a guardian has been appointed has the right of communication, visitation, or interaction with family members with whom the incapacitated person has expressed a desire to communicate, visit, or interact. The bill provides that a guardian may place reasonable time, place, or manner restrictions on communication, visitation, or interaction between the incapacitated person and family members; however, the guardian may deny communication, visitation, or interaction only with consent of the court and upon good cause shown.

A BILL to amend the Code of Virginia by adding a section numbered 64.2-2019.1, relating to guardianship; communication between incapacitated person and members of his family.

16103378D

S.B. 635 TANF eligibility; drug-related felonies.

Patron: Favola

TANF eligibility; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families shall not be denied assistance solely because he has been convicted of a felony offense of possession of a controlled substance, provided that 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.

16103362D

S.B. 732 Assisted living facilities; hospice care.

Patron: Hanger

Assisted living facilities; hospice care. Provides that, to the extent allowed by federal law, no assisted living facility shall be required to provide or allow hospice care if such hospice care violates the assisted living facility's written religious or moral convictions or policies and such convictions or policies are included in a disclosure statement that is signed by the resident prior to admission.

A BILL to amend and reenact § 63.2-1806 of the Code of Virginia, relating to assisted living facilities; hospice care.

16104350D

S.B. 771 Confidentiality of information about victims of certain crimes.

Patron: Ebbin

Confidentiality of information about victims of certain crimes. Provides that, in order to ensure the safety of any adult or child victim of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1 and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services by limiting the disclosure of information about such victims.

A BILL to amend and reenact § 63.2-104.1 of the Code of Virginia, relating to confidentiality of information about victims of certain crimes.

16102142D