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2020 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Date of Meeting: January 17, 2020
Time and Place: 8:30 AM Senate Room A

S.B. 53 Social Work, Board of; licensure by endorsement.

Patron: Stanley

Board of Social Work; licensure by endorsement. Requires the Board of Social Work to establish in regulations the requirements for licensure by endorsement as a social worker. The bill allows the Board to issue licenses to persons licensed to practice social work under the laws of another state, the District of Columbia, or a United States possession or territory, if, in the opinion of the Board, the applicant meets the qualifications required of licensed social workers in the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-3707.2, relating to Board of Social Work; licensure by endorsement.

20100386D

S.B. 117 Family day homes; licensure threshold.

Patron: Favola

Family day homes; licensure threshold. Reduces from five to three the number of children for whom a family day home must obtain a license to provide child care services.

A BILL to amend and reenact §§ 15.2-2292 and 63.2-100 of the Code of Virginia, relating to family day homes; licensure threshold.

20102365D

S.B. 156 Fostering Futures program; established.

Patron: Favola

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

A BILL to amend and reenact §§ 9.1-151, 16.1-228, 16.1-241, and 63.2-100 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 63.2-917 through 63.2-923, relating to Fostering Futures program.

20101739D

S.B. 178 Kinship Guardianship Assistance program; expands eligibility, fictive kin.

Patron: Favola

Kinship Guardianship Assistance program; eligibility; fictive kin. Expands eligibility for the Kinship Guardianship Assistance program by allowing payments to be made to fictive kin who receive custody of a child of whom they had been the foster parent.

A BILL to amend and reenact §§ 63.2-100, 63.2-900.1, and 63.2-1305 of the Code of Virginia, relating to Kinship Guardianship Assistance program; eligibility; fictive kin.

20100618D

S.B. 297 Virginia Sexual and Domestic Violence Prevention Fund; created, report.

Patron: Favola

Virginia Sexual and Domestic Violence Prevention Fund; report. Creates the Virginia Sexual and Domestic Violence Prevention Fund, which shall be administered by the Department of Social Services, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, and used to develop and support programs that prevent sexual and domestic violence through strategies that (i) promote healthy practices related to relationships, sexuality, and social-emotional development and (ii) counteract the factors associated with the initial perpetration of sexual and domestic violence.

A BILL to amend the Code of Virginia by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, relating to Virginia Sexual and Domestic Violence Prevention Fund; report.

20103455D

S.B. 391 Adult abuse; financial exploitation, required report by financial institution.

Patron: McPike

Adult abuse; financial exploitation; required report by financial institution. Requires financial institution staff to report suspected financial exploitation of an adult client or customer to the local department of social services or the adult protective services hotline. Under current law, such reporting is permissible, but not mandatory.

A BILL to amend and reenact § 63.2-1606 of the Code of Virginia, relating to adult abuse; financial exploitation; required report by financial institution.

20101169D

S.B. 393 Child day programs; lead testing, potable water, effective date.

Patron: McPike

Child day programs; potable water; lead testing. Requires licensed child day programs and certain other programs that serve preschool-age children to develop and implement a plan to test potable water from sources identified by the U.S. Environmental Protection Agency as high priority. The bill requires such plan and the results of each such test to be submitted to and reviewed by the Commissioner of Social Services and the Department of Health's Office of Drinking Water. The bill stipulates that if the result of any such test indicates a level of lead in the potable water that is at or above 15 parts per billion, the program shall remediate the level of lead in the potable water to below 15 parts per billion, confirm such remediation by retesting the water, and submit the results of the retests to the Commissioner of Social Services and the Department of Health's Office of Drinking Water for review. The bill also provides such programs the option of using bottled water in lieu of testing or remediation. The bill has a delayed effective date of July 1, 2021.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-1705.1, relating to child day programs; potable water; lead testing.

20101167D

S.B. 395 Alcoholic beverage control; residency requirement for licensure.

Patron: McPike

Alcoholic beverage control; residency requirement for licensure. Eliminates the provision that allows the Board of Directors of the Alcoholic Beverage Control Authority to refuse to grant a retail license to any person who has not resided in the Commonwealth for at least one year immediately preceding application therefor.

A BILL to amend and reenact § 4.1-222 of the Code of Virginia, relating to alcoholic beverage control; residency requirement for licensure.

20102826D

S.B. 412 Family assessments; increases timeline for completion.

Patron: Marsden

Family assessments; timeline. Increases from 45 days to 60 days the allowable time for completing a family assessment by a local department of social services and removes the local department's opportunity to request a 15-day extension.

A BILL to amend and reenact § 63.2-1506 of the Code of Virginia, relating to family assessments; timeline.

20100615D

S.B. 472 Foster care; termination of parental rights, independent living needs assessments.

Patron: Reeves

Foster care; termination of parental rights; independent living needs assessments; supervisory spans of control. Requires local boards of social services and child-placing agencies to include in a petition for a permanency planning hearing a clear description of the reasons why a petition to terminate parental rights has not been filed if the child has been in the custody of a local board or child-placing agency for 15 months and no petition for termination of parental rights has been filed with the court. The bill requires that local boards and child-placing agencies provide information to birth parents regarding the parent's option to voluntarily terminate parental rights, and that the Commissioner of Social Services develop clear guidance documents regarding the manner in which such information should be relayed. The bill requires the Board of Social Services to promulgate regulations related to termination of parental rights, independent living needs assessments and plans, and reporting requirements for local boards and child-placing agencies. The bill requires the Commissioner to (i) provide training to local boards and child-placing agencies regarding common errors made related to termination of parental rights and (ii) establish a work group to assess the feasibility and costs of establishing supervisory spans of control for foster care supervisors.

A BILL to amend and reenact §§ 16.1-282.1 and 63.2-906 of the Code of Virginia, relating to foster care; termination of parental rights; independent living needs assessments; supervisory spans of control.

20102607D

S.B. 482 Developmental Disabilities Mortality Review Committee; created, report.

Patron: Favola

Developmental Disabilities Mortality Review Committee; penalty. Creates the Developmental Disabilities Mortality Review Committee to review the death of any person with a developmental disability who was receiving services from a provider licensed by the Department of Behavioral Health and Developmental Disabilities or in a training center or other state facility at the time of his death to ensure that the deaths of such persons are reviewed and analyzed in a systematic way.

A BILL to amend and reenact §§ 2.2-3705.5, 2.2-3711, and 2.2-4002 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, relating to the Developmental Disabilities Mortality Review Committee; penalty.

20104862D

S.B. 501 Adoption and foster care; persons authorized to conduct home studies.

Patron: Reeves

Adoption and foster care; persons authorized to conduct home studies. Allows home studies for purposes of adoption or foster care placements to be conducted by any person who has completed the home study training program established by regulations of the Board of Social Services. Under current law, such home studies must be conducted by a local board of social services or licensed child-placing agency.

A BILL to amend and reenact §§ 63.2-904 and 63.2-1231 of the Code of Virginia, relating to adoption and foster care; persons authorized to conduct home studies.

20103296D

S.B. 502 Child support enforcement; Department of Social Services to distribute support payments.

Patron: Reeves

Department of Social Services; child support enforcement; distribution of support payments. Requires the Department of Social Services, in cases in which the Department receives child support payments, to enter into an agreement with the obligee that shall include information regarding the Department's duty to disburse support payments to the obligee and establish a date by which such disbursements shall be made each month. The bill requires the Department, if it does not receive a support payment at least two days before the date scheduled for disbursement, to issue to the obligee a payment in the amount that would have been distributed had the obligor's support payment been timely received.

A BILL to amend and reenact § 63.2-1954 of the Code of Virginia, relating to Department of Social Services; child support enforcement; distribution of support payments.

20103993D

S.B. 570 State-Funded Kinship Guardianship Assistance program; created.

Patron: Mason

State-Funded Kinship Guardianship Assistance program. Creates the State-Funded Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives, including fictive kin, and ensure permanency for children in foster care. The bill sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements. The bill also expands eligibility for the Federal-Funded Kinship Guardianship Assistance program by allowing payments to be made to fictive kin who receive custody of a child of whom they have been the foster parent.

A BILL to amend and reenact §§ 63.2-100, 63.2-900.1, 63.2-905, and 63.2-1305 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1306, relating to State-Funded Kinship Guardianship Assistance program.

20100620D

S.B. 585 Guardianship; supported decision making.

Patron: Dunnavant


Guardianship; supported decision making. Creates the Supported Decision-Making Act, which allows an adult with an intellectual or developmental disability to enter into an agreement with another person, called a "supporter," for the purposes of having the supporter assist the adult in making decisions to manage his affairs, giving adults who need assistance a less restrictive means of receiving such assistance than being appointed a guardian or conservator by a court.

The bill further requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent, and it requires the guardian ad litem to include in his report to the court information as to whether a supported decision-making agreement is a viable option in lieu of guardianship or conservatorship.

The bill also provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court, and it requires the Superintendent of Public Instruction to prepare transitional materials, including information about supported decision-making agreements and guardianship to be provided to students and parents during the student's annual IEP meeting.

The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Finally, the bill sets out specific language to be included in all orders of appointment of a guardian.

This bill is a recommendation of the Joint Commission on Health Care.

A BILL to amend and reenact §§ 22.1-23, 64.2-2000, 64.2-2003, and 64.2-2007 of the Code of Virginia and to amend the Code of Virginia by adding in Title 37.2 a chapter numbered 12, consisting of sections numbered 37.2-1200 through 37.2-1207, relating to guardianship; supported decision making.

20103126D

S.B. 624 Geriatric prisoners; conditional release.

Patron: Spruill

Conditional release of geriatric prisoners. Allows any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who (i) is 55 years of age or older and has served at least 15 years of the sentence imposed or (ii) is 50 years of age or older and has served at least 20 years of the sentence imposed, to petition the Parole Board for conditional release.

A BILL to amend and reenact §§ 19.2-297.1 and 53.1-40.01 of the Code of Virginia, relating to conditional release of geriatric prisoners.

20105021D

S.B. 698 Alcoholic beverage control; distiller licenses; monthly revenue transfers.

Patron: Mason

Alcoholic beverage control; distiller licenses; monthly revenue transfers. Allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to include in any agreement it enters into with a licensed distiller for the sale of alcoholic beverages provisions that allow monthly revenue transfers from the distiller to the Board to be submitted electronically and to be limited to the amount due to the Board in applicable taxes and markups. Under law that is set to become effective on July 1, 2020, the Board is required to allow such electronic submission and to limit such monthly revenue transfers to the amount due to the Board in applicable taxes and markups. The bill also removes the provision, which would otherwise become effective on July 1, 2020, that requires the Board to waive any case fee charged to a licensed distiller for moving spirits when such spirits are moved by employees of the distiller.

A BILL to amend and reenact § 4.1-119, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; distiller licenses; monthly revenue transfers.

20104995D

S.B. 824 Alcoholic beverage control; distiller licenses; Internet orders and shipments.

Patron: Ruff

Alcoholic beverage control; distiller licenses; Internet orders and shipments. Allows the Virginia Alcoholic Beverage Control Authority to include provisions in its agency agreements with licensed distillers operating government stores that allow such distillers to sell spirits and low alcohol beverage coolers through Internet orders and ship such orders directly to consumers within the Commonwealth for personal consumption. The bill also clarifies the power of the Board of Directors of the Authority to sell alcoholic beverages through Internet orders and to ship such orders directly to consumers or licensees within the Commonwealth.

A BILL to amend and reenact §§ 4.1-103 and 4.1-119, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; distiller licenses; Internet orders and shipments.

20102485D