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2018 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 19, 2018
Time and Place: 8:30 a.m. Senate Room A, Pocahontas

S.B. 93 Parole, eligibility for; at liberty between offenses.

Patron: Surovell

Eligibility for parole; at liberty between offenses. Provides that a person convicted of three separate felony offenses of murder, rape, or robbery by the presenting of firearms or other deadly weapon, or any combination of such offenses, shall be eligible for parole unless that person was at liberty between the three convictions and used a weapon during the commission of each offense. Under current law, such a person convicted of three separate felony offenses is ineligible for parole regardless of liberty status between offenses and the use of a weapon during the commission of each offense.

A BILL to amend and reenact § 53.1-151 of the Code of Virginia, relating to eligibility for parole; at liberty between offenses.

18101352D

S.B. 183 Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction.

Patron: Favola

Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction. Requires local departments of social services to notify the Superintendent of Public Instruction without delay when an individual holding a license issued by the Board of Education is the subject of a founded complaint of child abuse or neglect.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to child abuse and neglect; notice of founded reports to Superintendent of Public Instruction.

18101322D

S.B. 184 Child abuse and neglect; founded reports regarding former school employees.

Patron: Favola

Child abuse and neglect; founded reports regarding former school employees. Requires local departments of social services to notify the appropriate school board without delay if the subject of a founded complaint of child abuse or neglect was, at the time of the investigation or the conduct that led to the report, an employee of a school division located within the Commonwealth. Currently, such reporting is only required if the subject of the complaint is an employee of a school division at the time the complaint is determined to be founded.

A BILL to amend and reenact § 63.2-1505 of the Code of Virginia, relating to child abuse and neglect; founded reports regarding former school employees.

18101321D

S.B. 203 Food stamp eligibility; drug-related felonies.

Patron: Favola

Food stamp eligibility; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a first-time felony offense of possession with intent to distribute more than one-half ounce but not more than five pounds of marijuana, provided that he 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. Current law prohibits denial of such benefits only if such persons have been convicted of felony possession of a controlled substance.

A BILL to amend and reenact § 63.2-505.2 of the Code of Virginia, relating to food stamp eligibility; drug-related felonies.

18102659D

S.B. 204 TANF; eligibility, drug-related felonies.

Patron: Favola

Eligibility for TANF; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families (TANF) shall not be denied assistance solely because he has been convicted of a first-time 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 a substance abuse treatment program, and participates in drug screenings. The bill provides that a person who fails or refuses to participate in periodic drug testing or who tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, such person is given one opportunity during the 12-month period to comply with the testing requirement and be reinstated to eligibility for TANF benefits.

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

18102662D

S.B. 506 Child-caring institutions.

Patron: Carrico

Child-caring institutions. Provides that a child-caring institution (i) operated or conducted under the auspices of a religious institution established in 1978, (ii) located in Atkins, Virginia, at the intersection of Pierce Road and Freedom Tabernacle Lane, and (iii) granted licensure as a child-caring institution after January 1, 1987, that receives no public funds shall be licensed under minimum standards for licensed child-caring institutions as adopted by the Board of Social Services and in effect on January 1, 1987.

A BILL to amend and reenact § 63.2-1737 of the Code of Virginia, relating to child-caring institutions.

18103351D

S.B. 539 Child day programs; exemptions from licensure.

Patron: Hanger


Child day programs; exemptions from licensure. Removes certain programs from the list of child day programs exempt from licensure and clarifies that such programs are not considered child day programs and therefore are not subject to licensure. The bill also modifies the terms of certain child day programs that remain listed as exempt from licensure and requires that such programs (i) file with the Commissioner of Social Services (the Commissioner), prior to beginning operation of a child day program and annually thereafter, a statement indicating the intent to operate a child day program, identifying the Code provision relied upon for exemption from licensure, and certifying that the child day program has disclosed to the parents of children in the program the fact that it is exempt from licensure; (ii) report to the Commissioner all incidents involving serious injury or death to children attending the child day program; (iii) have a person trained and certified in first aid and cardiopulmonary resuscitation (CPR) present at the child day program; (iv) comply with background check requirements established by regulations of the Board of Social Services (the Board); (v) maintain daily attendance records; (vi) have an emergency preparedness plan in place; (vii) comply with all applicable laws and regulations governing transportation of children; (viii) comply with certain safe sleep practices for infants; and (ix) post in a visible location notice that the program is not licensed by the Department of Social Services and only certifies basic health and safety requirements. The bill exempts from licensure any program offered by a local school division, operated for no more than four hours per day, staffed by local school division employees, and attended by school-age children who are enrolled in public school within such school division. The bill also modifies staffing ratios for religious-exempt child day centers. The bill directs (a) the Board to promulgate regulations to implement the provisions of the bill and (b) the Commissioner to establish a process to inspect child day programs exempt from licensure and a process to gather and track aggregate data regarding child injuries and deaths that occur at such child day programs. The bill has a delayed effective date of July 1, 2019.

A BILL to amend and reenact §§ 19.2-392.02, 63.2-1715, and 63.2-1716 of the Code of Virginia, relating to child day programs; exemptions from licensure.

18100827D

S.B. 555 Barrier crimes; adult substance abuse and mental health treatment providers.

Patron: Mason

Barrier crimes; adult substance abuse and mental health treatment providers. Provides that a substance abuse or mental health treatment provider licensed by the Department of Behavioral Health and Developmental Services may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of burglary.

A BILL to amend and reenact § 37.2-416 of the Code of Virginia, relating to barrier crimes; adult substance abuse and mental health treatment providers.

18102507D

S.B. 636 Kinship Guardianship Assistance program; established.

Patron: Dunnavant

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 and 63.2-905 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1305, relating to Kinship Guardianship Assistance program.

18103106D

S.B. 682 Child day programs; exemptions from licensure.

Patron: Deeds

Child day programs; exemptions from licensure. Exempts from licensure any child day program that is offered by a local school division, staffed by local school division employees, and attended by preschool-age children or children who are enrolled in public school within such school division. The bill provides that such programs shall be subject to safety and supervisory standards established by the local school board.

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

18102263D

S.B. 702 Private preschool programs; licensure exemptions.

Patron: Chase

Licensure exemptions; private preschool programs. Modifies the licensure exemption requirements for certified preschool programs operated by a private school that is accredited by an organization recognized by the Board of Education. The bill allows children below the age of eligibility for kindergarten to attend the preschool program for more than five hours per day if the preschool maintains an enrollment ratio of five children age five or above to one four-year-old child and no child in attendance is under age four.

A BILL to amend and reenact § 63.2-1717 of the Code of Virginia, relating to licensure exemptions; private preschool programs.

18101755D

S.B. 704 Private preschool programs; background checks.

Patron: Chase

Private preschool programs; background checks. Provides that any employee of a certified preschool or nursery school program operated by an accredited private school who has submitted to fingerprinting and provided personal descriptive information for purposes of a criminal history check at the request of the governing board or administrator of the private school within the last five years and after July 1, 2017, shall be exempt from the requirement that they submit to a fingerprint background check by the Department of Social Services.

A BILL to amend and reenact § 63.2-1720.1, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to private preschool programs; background checks.

18101757D

S.B. 716 Background checks; Department of State Police to recommend options to expedite process.

Patron: Chase

Department of State Police; recommend options to expedite the process of performing background checks; report. Requests that the Department of State Police (the Department) identify, analyze, and recommend options to expedite and improve the efficiency of its process for performing requested background checks. The bill requires the Department to report its findings and recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Rehabilitation and Social Services by November 1, 2018.

A BILL to request that the Department of State Police recommend options to expedite the process of performing background checks; report.

18103563D

S.B. 851 Correctional Officer Procedural Guarantee Act; created.

Patron: Marsden

Correctional Officer Procedural Guarantee Act. Creates the Correctional Officer Procedural Guarantee Act to establish procedural guarantees for correctional officers when allegations are made against such officers involving matters that may lead to their dismissal, demotion, suspension, or transfer for punitive reasons.

33A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.1, consisting of sections numbered 9.1-508 through 9.1-511, relating to creation of Correctional Officer Procedural Guarantee Act.

18104855D