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2019 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 25, 2019
Time and Place: 8:00 a.m. Senate Room A, Pocahontas

S.B. 1071 Central Virginia Training Center; closure prohibited.

Patron: Peake

Closure of the Central Virginia Training Center prohibited. Provides that the Central Virginia Training Center shall not be closed and shall instead remain open.

A BILL to prevent the closure of the Central Virginia Training Center.

19101145D

S.B. 1072 Training center; definition.

Patron: Peake

Training center; definition. Defines "training center" as a regional facility operated by the Department of Behavioral Health and Developmental Services that is certified by the Centers for Medicare and Medicaid Services (CMS) as an intermediate care facility for individuals with intellectual disability (ICF/IID). The bill provides that ICF/IID certification does not preclude additional CMS certifications as appropriate.

A BILL to amend and reenact § 37.2-100 of the Code of Virginia, relating to the definition of "training center."

19101146D

S.B. 1077 Assisted living facility; temporary emergency electrical power source.

Patron: Howell

Assisted living facility; temporary emergency electrical power source. Requires licensed assisted living facilities with six or more residents to have a temporary emergency electrical power source available on site and to be able to connect to and utilize such power source for the provision of electricity during an interruption of the normal electric power supply. The bill requires that such temporary emergency electrical power sources be sufficient to provide power for (i) any medical equipment necessary to protect the health of residents; (ii) refrigeration equipment necessary to preserve food and medications that require cold storage; (iii) heating, cooling, and lighting in an area that provides at least 60 square feet of floor space per resident; and (iv) at least one elevator if the assisted living facility is equipped with one or more elevators. Under current law, such assisted living facilities must be able to connect to a temporary emergency electrical power source but are not required to maintain such power source on site.

A BILL to amend and reenact § 63.2-1732 of the Code of Virginia, relating to assisted living facilities; temporary emergency electrical power source.

19100763D

S.B. 1085 Restrictive housing; data collection and reporting, report.

Patron: Marsden

Restrictive housing; data collection and reporting; report. Requires the Department of Corrections to submit an annual report to the General Assembly and the Governor containing specified statistical information regarding the Department's use of restrictive housing, as defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.1, relating to restrictive housing; data collection and reporting; report.

19102993D

S.B. 1129 Food stamps; eligibility, drug-related felonies.

Patron: Locke

Eligibility for food stamps; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, such individuals may not be denied food stamp benefits based on a felony conviction of possession of a controlled substance, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services.

A BILL to amend and reenact § 63.2-505.2 of the Code of Virginia, relating to eligibility for food stamps; drug-related felonies.

19102418D

S.B. 1135 Community Living Waiver wait list; DBHDS to amend criteria for determining priority status, etc.

Patron: Favola

DBHDS; Community Living Waiver wait list; Priority One status; individuals leaving foster care. Directs the Department of Behavioral Health and Developmental Services to amend the criteria for determining the priority status of individuals on the waiting list for services under the Community Living Waiver to include individuals with developmental disabilities who will exit foster care and require waiver services within one year in the Priority One status.

A BILL to require the Department of Behavioral Health and Developmental Services to grant individuals with developmental disabilities leaving foster care Priority One status for Community Living Waiver services.

19102930D

S.B. 1145 Virginia Initiative for Employment Not Welfare (VIEW); transitional child care.

Patron: Favola

Virginia Initiative for Employment Not Welfare (VIEW); transitional child care. Allows VIEW participants whose Temporary Assistance for Needy Families financial assistance is terminated to receive child care assistance for up to 12 months after termination if the individual is enrolled in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license. Under current law, such child care assistance is only available if it enables the individual to work.

A BILL to amend and reenact § 63.2-611 of the Code of Virginia, relating to Virginia Initiative for Employment Not Welfare; transitional child care.

19101901D

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. 1253 Foster care; security freeze on credit report.

Patron: Reeves

Foster care; security freeze on credit report. Requires local departments of social services to request the placement of a security freeze on the credit report or record of any child who has been in foster care for at least six months in order to prevent cases of identity theft and misuse of personal identifying information. The bill directs local departments to request the removal of such security freezes upon the child's removal from foster care. The bill allows local departments, with the child's consent, to request the removal of a security freeze placed on the credit report or record of a child who continues to receive foster care or independent living services beyond his eighteenth birthday; however, in such instances, the local department is required to conduct annual credit checks on the child.

A BILL to amend and reenact §§ 59.1-444.3 and 63.2-905.2 of the Code of Virginia, relating to foster care; security freeze on credit report.

19101851D

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. 1286 Persons with disabilities; auxiliary grants, supportive housing.

Patron: Barker

Persons with disabilities; auxiliary grants; supportive housing. Clarifies language surrounding receipt of auxiliary grants by individuals living in supportive housing and increases the maximum number of auxiliary grant recipients in supportive housing from 60 to 120.

A BILL to amend and reenact § 51.5-160 of the Code of Virginia, relating to persons with disabilities; auxiliary grants, supportive housing.

19102021D

S.B. 1326 Social Service, St. Bd.; regulations regarding bed limits for licensed assisted living facilities.

Patron: McClellan

State Board of Social Services; regulations regarding bed limits for licensed assisted living facilities. Requires the State Board of Social Services to amend its regulations to exempt all buildings in which a licensed assisted living facility was located as of February 1, 2018, from the requirement that no more than two residents reside in a bedroom.

A BILL to require the State Board of Social Services to amend its regulations regarding bed limits for licensed assisted living facilities.

19102464D

S.B. 1409 Assisted living facilities; requirement for licensed administrator.

Patron: Mason

Assisted living facilities; requirement for licensed administrator. Extends from immediately to within 14 days the time by which a licensed assisted living facility must notify the regional office of the Department of Social Services and the Board of Long-Term Care Administrators that the facility administrator has died, resigned, been discharged, or become unable to perform his duties. The bill also removes the provision that prohibits a licensed assisted living facility from operating under the supervision of an acting administrator more than one time during any two-year period unless authorized to do so by the Department of Social Services.

A BILL to amend and reenact §§ 54.1-3103.1 and 63.2-1803 of the Code of Virginia, relating to assisted living facilities; requirement for licensed administrator.

19101961D

S.B. 1410 Assisted living facilities; staffing during overnight hours.

Patron: Mason

Board of Social Services; regulations governing assisted living facilities; staffing during overnight hours. Directs the Board of Social services to amend regulations governing staffing of assisted living facility units with residents who (i) have serious cognitive impairment due to a primary psychiatric diagnosis of dementia or any other diagnosis and (ii) are unable to recognize danger or protect their own safety and welfare to create an exception to certain staffing requirements for overnight hours.

A BILL to require the Board of Social Services to amend regulations governing staffing of certain assisted living facility units during overnight hours.

19104074D

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. 1516 DOC; disclosure of information, delivery of controlled substances to prisoners.

Patron: Carrico

Department of Corrections; disclosure of information; delivery of controlled substances to prisoners. Requires the Director of the Department of Corrections, upon receiving a request for information, to disclose information relevant to a specific investigation of a prisoner confined under the authority of the Commonwealth of Virginia, or an allegation of misconduct by an employee of the Department of Corrections who has completed the Virginia State Police Drug Diversion School, for the delivery of a controlled substance to a prisoner.

A BILL to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Department of Corrections; disclosure of information; delivery of controlled substances to prisoners.

19101857D

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

S.B. 1683 Alcoholic beverage control; food-to-beverage ratio.

Patron: Cosgrove

Alcoholic beverage control; food-to-beverage ratio. Provides an alternative to the food-to-beverage ratio for mixed beverage restaurant licensees by allowing such licensees to meet applicable food sale requirements by demonstrating at least $500,000 in annual food sales.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio.

19104326D

S.B. 1709 Alcoholic beverage control; distiller licensees, commissions and fees.

Patron: Peake

Alcoholic beverage control; distiller licensees; commissions and fees. Requires the Board of Directors of the Virginia Alcoholic Beverage Control Authority to pay a licensed distiller a commission of 25 percent of the retail price of any spirits sold by the distiller at a government store on his licensed premises. The bill provides that monthly revenue transfers resulting from such sales (i) may be submitted electronically and through other methods approved by the Board and (ii) shall be limited to the amount due to the Board in applicable taxes and markups. The bill prohibits the Board from (a) imposing a markup on spirits sold during an organized tasting event, provided that such spirits are manufactured on the licensed premises or on contiguous premises of the licensed distillery conducting such tasting event, or (b) charging a case fee for moving spirits to the tasting area of a government store established on the premises of a licensed distillery when such spirits are moved by employees of the licensed distiller.

A BILL to amend and reenact §§ 4.1-119 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distiller licensees; commissions and fees.

19104621D

S.B. 1720 Kinship foster care; notice to relatives.

Patron: Mason

Kinship foster care; notice. Requires local boards of social services, when identifying foster care placement options, to (i) determine whether the child has any relatives who may be eligible to become a kinship foster parent, (ii) provide notice to such relatives of their potential eligibility to become a kinship foster parent, and (iii) explain to such relatives any opportunities they may have to participate in the placement and care of the child, including opportunities available through kinship foster care or kinship guardianship.

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

19104368D

S.B. 1772 Pregnant offenders; use of restraint.

Patron: Saslaw

Restraint of pregnant offenders. Provides that restraints shall not be used on any prisoner committed or transferred to the Department of Corrections or any inmate incarcerated in a local correctional facility who is known to be pregnant, unless an individualized determination is made that the prisoner is a flight risk or danger to herself or others or that the totality of the circumstances creates a serious security risk. The bill provides that if such individualized determination has been made, such prisoner or inmate shall be restrained in the least restrictive method necessary but in no instance shall waist chains or belts or leg or ankle restraints be used at any time. The bill also provides that any time it is determined that restraints are needed, security staff shall notify a supervisor as soon as reasonably possible, and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

A BILL to amend the Code of Virginia by adding sections numbered 53.1-36.1 and 53.1-70.2, relating to restraint of pregnant offenders.

19103986D

S.B. 1777 Restrictive housing; data collection by Department of Corrections.

Patron: Saslaw

Department of Corrections; restrictive housing; data collection and reporting; report. Requires the Department of Corrections to report to the General Assembly and the Governor on or before October 1 of each year certain population statistics of persons incarcerated in state correctional institutions, including certain statistics regarding offenders placed in and released from restrictive housing and Shared Allied Management Units, defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.1, relating to Department of Corrections; restrictive housing; data collection and reporting; report.

19104218D

S.B. 1786 Geriatric, terminally ill, or permanently physically disabled prisoners; conditional release.

Patron: Saslaw

Conditional release of geriatric, terminally ill, or permanently physically disabled prisoners.

A BILL to amend and reenact § 53.1-40.01 of the Code of Virginia, relating to conditional release of geriatric, terminally ill, or permanently physically disabled prisoners.

19105286D