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1995 SESSION
LD8823144Patrons--Howell, Barry, Gartlan, Saslaw, Waddell and Woods; Delegates: Callahan, Connally, Darner, Fisher and Puller
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-751 and 2.1-753, as thay are effective and as they may become effective, of the Code of Virginia are amended and reenacted as follows:
§ 2.1-751. (For effective date - See note) Community policy and management teams; membership; immunity from liability.
The community policy and management team to be appointed by the local
governing body shall include, at a minimum, the local agency heads or their
designees of the following community agencies: community services board
established pursuant to § 37.1-195, juvenile court services unit, department
of health, department of social services and the local school division. The
team shall also include a representative of a private organization or
association of providers for children's or family services if such
organizations or associations are located within the locality, and
a parent representative who is not an employee of any public or private
program which serves children and families receives funds
pursuant to this chapter or is represented on a community policy and
management team. Those persons appointed to represent community
agencies shall be authorized to make policy and funding decisions for their
agencies.
The local governing body may appoint other members to the team including, but not limited to, a local government official, a local law-enforcement official and representatives of other public agencies.
When any combination of counties, cities or counties and cities establishes a community policy and management team, the membership requirements previously set out shall be adhered to by the team as a whole.
Persons who serve on the team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.1-639.15 of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children’s or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.1-639.2 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
§ 2.1-751. (Delayed effective date - See notes) Community policy and management teams; membership; immunity from liability.
The community policy and management team to be appointed by the local
governing body shall include, at a minimum, the local agency heads or their
designees of the following community agencies: community services board
established pursuant to § 37.1-195, family court services unit, department
of health, department of social services and the local school division. The
team shall also include a representative of a private organization or
association of providers for children's or family services if such
organizations or associations are located within the locality, and
a parent representative who is not an employee of any public or private
program which serves children and families receives funds
pursuant to this chapter or is represented on a community policy and
management team. Those persons appointed to represent community
agencies shall be authorized to make policy and funding decisions for their
agencies.
The local governing body may appoint other members to the team including, but not limited to, a local government official, a local law-enforcement official and representatives of other public agencies.
When any combination of counties, cities or counties and cities establishes a community policy and management team, the membership requirements previously set out shall be adhered to by the team as a whole.
Persons who serve on the team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.1-639.15 of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children’s or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.1-639.2 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
§ 2.1-753. (For effective date - See note) Family assessment and planning team; membership; immunity from liability.
Each community policy and management team shall establish and appoint one or
more family assessment and planning teams as the needs of the community
require. Each family assessment and planning team shall include
representatives of the following community agencies who have authority to
access services within their respective agencies: community services board
established pursuant to § 37.1-195, juvenile court services unit, department
of health, department of social services, local school division and a parent
representative who is not an employee of any public or private program
which serves children and families receives funds pursuant to
this chapter, or is represented on a family assessment and planning
team. The family assessment and planning team may include a
representative of a private organization or association of providers for
children's or family services and of other public agencies.
Persons who serve on a family assessment and planning team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.1-639.15 of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children’s or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.1-639.2 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
§ 2.1-753. (Delayed effective date - See notes) Family assessment and planning team; membership; immunity from liability.
Each community policy and management team shall establish and appoint one or
more family assessment and planning teams as the needs of the community
require. Each family assessment and planning team shall include
representatives of the following community agencies who have authority to
access services within their respective agencies: community services board
established pursuant to § 37.1-195, family court services unit, department
of health, department of social services, local school division and a parent
representative who is not an employee of any public or private program
which serves children and families receives funds pursuant to
this chapter, or is represented on a family assessment and planning
team. The family assessment and planning team may include a
representative of a private organization or association of providers for
children's or family services and of other public agencies.
Persons who serve on a family assessment and planning team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.1-639.15 of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children’s or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.1-639.2 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.