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2019 SESSION

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Senate Committee on Rehabilitation and Social Services
Subcommittee Subcommittee #2

Cosgrove (Chairman), Favola, Chafin, DeSteph, Spruill

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 21, 2019
Time and Place: 7:30 am Pocahontas, 5th Floor, Subcommittee room 1
updated to add SB 1570

S.B. 1175 Elder abuse; employees of financial institutions required to report.

Patron: McPike

Elder abuse; employees of financial institutions to report. Requires any employee, agent, qualified individual, or representative of a bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, investment company, investment advisor, securities firm, accounting firm, or insurance company to report a matter giving reason to suspect the financial exploitation by any person of an adult who is a client or customer of the financial institution. The report is required to be made to the local department of social services for the county or city wherein the adult resides or wherein the exploitation is believed to have occurred or to the adult protective services hotline, unless he notifies the person in charge of the financial institution or his designee, who shall report such information in accordance with the financial institution's policies and procedures for reporting such matters. This measure replaces an existing provision that authorizes any financial institution staff who suspects that an adult has been exploited financially to report the suspected exploitation.

A BILL to amend and reenact § 63.2-1606 of the Code of Virginia, relating to elder abuse; employees of financial institutions required to report suspected financial exploitation.

19103216D

S.B. 1224 Local multidisciplinary elder abuse response teams; establishment of teams.

Patron: Chafin

Local multidisciplinary elder abuse response teams. Allows the attorney for the Commonwealth in each political subdivision to coordinate the establishment of a multidisciplinary response to elder abuse, neglect, and financial exploitation of incapacitated adults to (i) conduct regular reviews of new and ongoing reports of elder abuse, neglect, and financial exploitation of incapacitated adults and, at the request of any member of the team, conduct reviews of any other reports of elder abuse, neglect, or financial exploitation in the jurisdiction involving an incapacitated or older adult and (ii) establish and review guidelines for the community's response to elder abuse, neglect, and financial exploitation of incapacitated adults.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1627.6, relating to local multidisciplinary elder abuse response teams.

19103368D

S.B. 1257 Child abuse and neglect; mandatory reporters.

Patron: Vogel

Child abuse and neglect; mandatory reporters. Adds to the list of persons who are required to report suspected child abuse or neglect ministers, priests, rabbis, imams, and duly accredited practitioners of any religious organization or denomination usually referred to as a church; however, the bill exempts such clergy members from the mandatory reporting requirement when the information supporting the suspicion of child abuse or neglect (i) is required by the doctrine of the religious organization or denomination to be kept confidential or (ii) would be subject to the exemptions set forth in § 8.01-400 or 19.2-271.3 if offered as evidence in court.

A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to child abuse and neglect; mandatory reporters.

19100850D

S.B. 1416 Child abuse or neglect; appeals from founded complaints, concurrent criminal investigations.

Patron: Mason

Appeals from founded complaints of child abuse or neglect; concurrent criminal investigations. Provides that whenever an appeal of a finding by a local department of social services is made and a criminal investigation is also commenced against the appellant for the same conduct involving the same victim as investigated by the local department, the appeal process shall automatically be stayed until the criminal investigation is closed or, in the case of a criminal investigation that is not completed within 180 days of the appellant's request for an appeal, for 180 days.

A BILL to amend and reenact § 63.2-1526 of the Code of Virginia, relating to appeals from founded complaints of child abuse or neglect; concurrent criminal investigations.

19102940D

S.B. 1436 Child abuse or neglect; prenatal substance exposure, mandatory reporters.

Patron: McClellan

Mandatory reporters of child abuse or neglect; prenatal substance exposure. Requires any health care provider in a licensed hospital who reports suspected child abuse or neglect resulting from prenatal substance exposure to (i) develop and document a written discharge plan and substance-abuse treatment referral for the mother and (ii) notify, subject to restrictions in federal law, the community services board of the jurisdiction in which the mother resides to appoint a discharge plan manager. The bill provides that such reports shall not constitute a per se finding of child abuse or neglect.

A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to mandatory reporters of child abuse or neglect; prenatal substance exposure.

19103210D

S.B. 1490 Aged or incapacitated adults; financial exploitation, authority to refuse transactions.

Patron: Obenshain

Financial exploitation of aged or incapacitated adults; authority to refuse transactions or disbursements. Authorizes financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department of social services or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult.

A BILL to amend and reenact § 63.2-1606 of the Code of Virginia, relating to financial exploitation of aged or incapacitated adults; authority to refuse transactions or disbursements.

19104181D

S.B. 1570 Adult protective services; creates central registry.

Patron: Lewis

Adult protective services; central registry. Creates a central registry of founded complaints of adult abuse, neglect, and exploitation to be maintained by the State Department of Social Services. The bill establishes (i) investigation requirements for local departments of social services related to complaints of adult abuse, neglect, and exploitation; (ii) record retention and disclosure requirements for the Department and local departments; (iii) notice requirements related to findings by local departments and central registry entries; and (iv) an appeals process to contest the findings of a local department related to founded reports of adult abuse, neglect, or exploitation.

A BILL to amend and reenact §§ 2.2-3802 and 63.2-1605 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-1605.1 and by adding in Article 2 of Chapter 16 of Title 63.2 sections numbered 63.2-1610.1 through 63.2-1610.4, relating to adult protective services; central registry.

19102290D

S.B. 1661 Child abuse and neglect; report or complaint, victims of sex trafficking, etc.

Patron: Peake

Child abuse and neglect report or complaint; victims of sex trafficking; taking child victim into custody. Provides that a valid report or complaint of child abuse or neglect where a local department of social services has evaluated the allegations and determined that the local department shall conduct an investigation or family assessment may be established if the alleged victim has been identified as a victim of sex trafficking or severe forms of trafficking and the abuser is the victim's parent, other caretaker, or any other person suspected to have caused such abuse and neglect. The bill requires the local department, when responding to such complaint, to perform a family assessment. The bill also allows a child-protective services worker of a local department responding to such complaint to take the child victim into custody and allows the local department to maintain custody of the child for up to 72 hours without prior approval of a parent or guardian. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 63.2-1506, 63.2-1508, and 63.2-1517 of the Code of Virginia, relating to child abuse and neglect; report or complaint; victims of sex trafficking; taking child victim into custody.

19104124D