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2022 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Clerk: Sean Sukol, Warda Asif
Staff: David May
Date of Meeting: January 14, 2022
Time and Place: 8:00 AM / Senate Room A. Virtual public comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 48

Patron: Favola

Commonwealth Council on Aging; reports. Requires the Commonwealth Council on Aging to submit to the Governor, General Assembly, and Department for Aging and Rehabilitative Services by October 1 of each year an electronic report regarding the activities and recommendations of the Council.

A BILL to amend and reenact § 51.5-128 of the Code of Virginia, relating to Commonwealth Council on Aging; reports.

22100587D

S.B. 49

Patron: Favola

Critically missing adult; definition. Removes from the definition of critically missing adult, under the Virginia Critically Missing Adult Alert Program, the requirement that the adult is believed to have been abducted.

A BILL to amend and reenact § 52-34.10 of the Code of Virginia, relating to critically missing adult; definition.

22101581D

S.B. 56

Patron: Favola

Foster Care Prevention program. Establishes the Foster Care Prevention program to facilitate placements with relatives and ensure that such relatives are provided with the resources necessary to provide care for the child. The bill provides that a child is eligible to participate in the Foster Care Prevention program if the local department of social services (local department) determines that (i) the child is in the custody of a relative pursuant to a court order; (ii) the child's parent or guardian voluntarily placed the child with such relative; (iii) the child demonstrates a strong attachment to the relative, and the relative has a strong commitment to caring for the child; and (iv) had the relative not agreed to take custody of the child, the local department likely would have filed a petition to remove the child from his home due to an imminent threat of child abuse or neglect. The bill requires relatives seeking to receive Foster Care Prevention program payments to enter into an agreement with the local department and Department of Social Services that describes the manner in which payments will be provided and establishes the amount of such payments. The bill requires the juvenile and domestic relations court, in any custody case involving the Foster Care Prevention program wherein a relative is awarded custody of a child, to establish the timelines of the custody order and allows the court to order the local department to provide case management services.

A BILL to amend and reenact § 16.1-278.15 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1307, relating to Foster Care Prevention program.

22100669D

S.B. 108

Patron: Morrissey

Correctional facilities; use of isolated confinement. Prohibits the use of isolated confinement in state correctional facilities and juvenile correctional centers, subject to certain exceptions. Isolated confinement is defined in the bill as confinement of an incarcerated person or juvenile to a cell, alone or with another incarcerated person or juvenile, for 20 hours or more per day, other than for the purpose of providing medical or mental health treatment. The bill has a delayed effective date of July 1, 2023.

A BILL to amend the Code of Virginia by adding sections numbered 53.1-39.2 and 66-20.1, relating to correctional facilities; use of isolated confinement.

22100980D

S.B. 307

Patron: Mason

Kinship foster care; notice and appeal. Requires local boards of social services (local boards), upon receiving a request from a child's relative to become a kinship foster parent, to provide the relative with an application to become a kinship foster parent within 15 days. The bill requires local boards, upon denying a relative's application to become a kinship foster parent, to provide to the relative (i) a clear and specific explanation of the reasons for denial, (ii) a statement that such denial is appealable, and (iii) an explanation of the procedure for filing such appeal. The bill allows relatives to file an appeal regarding such decisions with the Commissioner of Social Services and requires the Board of Social Services to adopt certain regulations regarding the timeline of such appeals.

A BILL to amend and reenact §§ 63.2-900.1 and 63.2-915 of the Code of Virginia, relating to kinship foster care; notice and appeal.

22100568D

S.B. 316

Patron: Marsden


Juvenile records; identification of children receiving coordinated services. Provides that for the purpose of disclosing records, information, and statistical registries of the Department of Social Services, local departments of social services, and all child-welfare agencies concerning social services, a person having a legitimate interest in child-protective services records includes the staff of (i) a court services unit, (ii) the Department of Juvenile Justice, (iii) a local community services board, or (iv) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children. The bill provides that such formal agreements may allow the local agencies and the Department of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice. The bill also provides that the Department of Juvenile Justice shall develop and biennially update a model memorandum of understanding setting forth the respective roles and responsibilities of the Department, the Department of Behavioral Health and Developmental Services, the Department of Social Services, the court service units, the local departments of social services, and the community services boards or behavioral health authorities regarding the sharing of information derived from juvenile records for purposes of identifying juveniles who may be receiving or who have received treatment, services, or care from the local agencies, the Department of Juvenile Justice, or the Department of Behavioral Health and Developmental Services. The bill provides that the model memorandum of understanding developed by the Department of Juvenile Justice may satisfy the requirement for a formal agreement, but it shall be reviewed by the chief judge of the circuit court, or his designee, where such local agencies are located before such agreement takes effect. This bill is a recommendation of the Commission on Youth.

A BILL to amend and reenact §§ 63.2-104 and 63.2-105 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 66-10.3, relating to juvenile records; identification of children receiving coordinated services.

22103886D