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2013 SESSION
13102314DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-5212 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-5212. Eligibility for state pool of funds.
A. In order to be eligible for funding for services through
the state pool of funds, a youth, or family with a child, shall meet one or
more of the criteria specified in subdivisions 1 through 4 5
and shall be determined through the use of a uniform assessment instrument and
process and by policies of the community policy and management team to have
access to these funds.
1. The child or youth has emotional or behavior problems that:
a. Have persisted over a significant period of time or, though only in evidence for a short period of time, are of such a critical nature that intervention is warranted;
b. Are significantly disabling and are present in several community settings, such as at home, in school or with peers; and
c. Require services or resources that are unavailable or inaccessible, or that are beyond the normal agency services or routine collaborative processes across agencies, or require coordinated interventions by at least two agencies.
2. The child or youth has emotional or behavior problems, or both, and currently is in, or is at imminent risk of entering, purchased residential care. In addition, the child or youth requires services or resources that are beyond normal agency services or routine collaborative processes across agencies, and requires coordinated services by at least two agencies.
3. The child or youth requires placement for purposes of special education in approved private school educational programs.
4. The child or youth has been placed in
foster care through a parental agreement between a local social services
agency or public agency designated by
the community policy and management team and his parents or guardians, placed in foster care through a parental agreement
between a local social services agency and his parents or guardians, entrusted
to a local social services agency by his parents or guardian guardians, or has been
committed to the agency by a court of competent jurisdiction for the purposes
of placement as authorized by § 63.2-900.
5. The child or youth is receiving foster care services, as defined in § 63.2-905, to prevent foster care placement.
B. For purposes of determining eligibility for the state pool
of funds, "child" or "youth" means (i) a person less younger
than eighteen 18
years of age and (ii) any individual through twenty-one 21 years of age who is
otherwise eligible for mandated services of the participating state agencies
including special education and foster care services.