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Be it enacted by the General Assembly of Virginia: 1. That §§2.2-212, 2.2-2101, as it is currently effective and as it shall become effective, 2.2-2648, 2.2-2649, 2.2-4345, 2.2-5200, 2.2-5201, 2.2-5206, 2.2-5208, 2.2-5210, 2.2-5211.1, 2.2-5213, 2.2-5214, 16.1-286, 37.2-408, 63.2-226, 63.2-410, 63.2-1737, and 66-24 of the Code of Virginia are amended and reenacted as follows: §2.2-212. Position established; agencies for which responsible; additional powers. The position of Secretary of Health and Human Resources (the
Secretary) is created. The Secretary of Health and Human Resources shall be
responsible to the Governor for the following agencies: Department of Health,
Department for the Blind and Vision Impaired, Department of Health Professions,
Department of Behavioral Health and Developmental Services, Department for
Aging and Rehabilitative Services, Department of Social Services, Department of
Medical Assistance Services, Virginia Department for the Deaf and
Hard-of-Hearing, the Office of Unless the Governor expressly reserves such power to himself,
the Secretary shall (i) serve as the lead Secretary for the coordination and
implementation of the long-term care policies of the Commonwealth and for the
blueprint for livable communities 2025 throughout the Commonwealth, working
with the Secretaries of Transportation, Commerce and Trade, and Education, and
the Commissioner of Insurance, to facilitate interagency service development
and implementation, communication and cooperation, (ii) serve as the lead
Secretary for the §2.2-2101. (Effective until July 1, 2017) Prohibition against service by legislators on boards, commissions, and councils within the executive branch; exceptions. Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch of state government that is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position. The provisions of this section shall not apply to members of
the Board for Branch Pilots, who shall be appointed as provided for in §
54.1-901; to members of the Board of Trustees of the Southwest Virginia Higher
Education Center, who shall be appointed as provided for in §23-231.3; to
members of the Board of Trustees of the Southern Virginia Higher Education
Center, who shall be appointed as provided for in §23-231.25; to members of
the Board of Directors of the New College Institute who shall be appointed as
provided for in §23-231.31; to members of the Virginia Interagency
Coordinating Council who shall be appointed as provided for in §2.2-5204; to
members of the Board of Veterans Services, who shall be appointed as provided
for in §2.2-2452; to members appointed to the Board of Trustees of the Roanoke
Higher Education Authority pursuant to §23-231.15; to members of the Virginia
Geographic Information Network Advisory Board, who shall be appointed as
provided for in §2.2-2423; to members of the Standards of Learning Innovation
Committee, who shall be appointed as provided for in §22.1-253.13:10; to
members of the Opportunity Educational Institution Board, who shall be
appointed as provided for in §22.1-27.1; to members of the Board of Visitors
of the Virginia School for the Deaf and the Blind, who shall be appointed as
provided for in §22.1-346.2; to members of the Substance Abuse Services
Council, who shall be appointed as provided for in §2.2-2696; to members of
the Criminal Justice Services Board, who shall be appointed as provided in §
9.1-108; to members of the Council on Virginia's Future, who shall be appointed
as provided for in §2.2-2685; to members of the State Executive Council for §2.2-2101. (Effective July 1, 2017) Prohibition against service by legislators on boards, commissions, and councils within the executive branch; exceptions. Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch of state government that is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position. The provisions of this section shall not apply to members of
the Board for Branch Pilots, who shall be appointed as provided for in §
54.1-901; to members of the Board of Trustees of the Southwest Virginia Higher
Education Center, who shall be appointed as provided for in §23-231.3; to
members of the Board of Trustees of the Southern Virginia Higher Education
Center, who shall be appointed as provided for in §23-231.25; to members of
the Board of Directors of the New College Institute who shall be appointed as
provided for in §23-231.31; to members of the Virginia Interagency
Coordinating Council who shall be appointed as provided for in §2.2-5204; to
members of the Board of Veterans Services, who shall be appointed as provided
for in §2.2-2452; to members appointed to the Board of Trustees of the Roanoke
Higher Education Authority pursuant to §23-231.15; to members of the Virginia
Geographic Information Network Advisory Board, who shall be appointed as
provided for in §2.2-2423; to members of the Standards of Learning Innovation
Committee, who shall be appointed as provided for in §22.1-253.13:10; to
members of the Opportunity Educational Institution Board, who shall be
appointed as provided for in §22.1-27.1; to members of the Board of Visitors
of the Virginia School for the Deaf and the Blind, who shall be appointed as
provided for in §22.1-346.2; to members of the Substance Abuse Services
Council, who shall be appointed as provided for in §2.2-2696; to members of
the Criminal Justice Services Board, who shall be appointed as provided in §
9.1-108; to members of the State Executive Council for §2.2-2648. State Executive Council for Children's Services; membership; meetings; powers and duties. A. The State Executive Council for B. The Council shall consist of one member of the House of
Delegates to be appointed by the Speaker of the House and one member of the
Senate to be appointed by the Senate Committee on Rules; the Commissioners of
Health, of Behavioral Health and Developmental Services, and of Social
Services; the Superintendent of Public Instruction; the Executive Secretary of
the Virginia Supreme Court; the Director of the Department of Juvenile Justice;
the Director of the Department of Medical Assistance Services; a juvenile and
domestic relations district court judge, to be appointed by the Governor and
serve as an ex officio nonvoting member; five local government representatives
chosen from members of a county board of supervisors or a city council and a
county administrator or city manager, to be appointed by the Governor; two
private provider representatives from facilities that maintain membership in an
association of providers for children's or family services and receives funding
as authorized by the C. The Council shall be chaired by the Secretary of Health and Human Resources or a designated deputy who shall be responsible for convening the council. The Council shall meet, at a minimum, quarterly, to oversee the administration of this article and make such decisions as may be necessary to carry out its purposes. Legislative members shall receive compensation as provided in §30-19.12 and nonlegislative citizen members shall receive compensation for their services as provided in §§2.2-2813 and 2.2-2825. D. The Council shall have the following powers and duties: 1. Hire and supervise a director of the Office of 2. Appoint the members of the state and local advisory team in accordance with the requirements of §2.2-5201; 3. Provide for the establishment of interagency programmatic
and fiscal policies developed by the Office of 4. Provide for a public participation process for programmatic
and fiscal guidelines and dispute resolution procedures developed for
administrative actions that support the purposes of the 5. Oversee the administration of and consult with the Virginia Municipal League and the Virginia Association of Counties about state policies governing the use, distribution and monitoring of moneys in the state pool of funds and the state trust fund; 6. Provide for the administration of necessary functions that
support the work of the Office of 7. Review and take appropriate action on issues brought before
it by the Office of 8. Advise the Governor and appropriate Cabinet Secretaries on proposed policy and operational changes that facilitate interagency service development and implementation, communication and cooperation; 9. Provide administrative support and fiscal incentives for the establishment and operation of local comprehensive service systems; 10. Oversee coordination of early intervention programs to promote comprehensive, coordinated service delivery, local interagency program management, and co-location of programs and services in communities. Early intervention programs include state programs under the administrative control of the state executive council member agencies; 11. Oversee the development and implementation of a mandatory
uniform assessment instrument and process to be used by all localities to
identify levels of risk of 12. Oversee the development and implementation of uniform guidelines to include initial intake and screening assessment, development and implementation of a plan of care, service monitoring and periodic follow-up, and the formal review of the status of the youth and the family; 13. Oversee the development and implementation of uniform guidelines for documentation for CSA-funded services; 14. Review and approve a request by a CPMT to establish a collaborative, multidisciplinary team process for referral and reviews of children and families pursuant to §2.2-5209; 15. Oversee the development and implementation of mandatory
uniform guidelines for utilization management; each locality receiving funds
for activities under the 16. Oversee the development and implementation of uniform data
collection standards and the collection of data, utilizing a secure electronic
client-specific database for CSA-funded services, which shall include, but not
be limited to, the following client specific information: (i) children served,
including those placed out of state; (ii) individual characteristics of youths
and families being served; (iii) types of services provided; (iv) service
utilization including length of stay; (v) service expenditures; (vi) provider
identification number for specific facilities and programs identified by the
state in which the child receives services; (vii) a data field indicating the
circumstances under which the child ends each service; and (viii) a data field
indicating the circumstances under which the child exits the 17. Oversee the development and implementation of a uniform
set of performance measures for evaluating the 18. Oversee the development and distribution of management
reports that provide information to the public and CPMTs to help evaluate child
and family outcomes and public and private provider performance in the
provision of services to children and families through the 19. Establish and oversee the operation of an informal review
and negotiation process with the Director of the Office of 20. Deny state funding to a locality, in accordance with
subdivision 19, where the CPMT fails to provide services that comply with the 21. Biennially publish and disseminate to members of the General Assembly and community policy and management teams a state progress report on comprehensive services to children, youth and families and a plan for such services for the next succeeding biennium. The state plan shall: a. Provide a fiscal profile of current and previous years' federal and state expenditures for a comprehensive service system for children, youth and families; b. Incorporate information and recommendations from local comprehensive service systems with responsibility for planning and delivering services to children, youth and families; c. Identify and establish goals for comprehensive services and the estimated costs of implementing these goals, report progress toward previously identified goals and establish priorities for the coming biennium; d. Report and analyze expenditures associated with children who do not receive pool funding and have emotional and behavioral problems; e. Identify funding streams used to purchase services in addition to pooled, Medicaid, and Title IV-E funding; and f. Include such other information or recommendations as may be necessary and appropriate for the improvement and coordinated development of the state's comprehensive services system; and 22. Oversee the development and implementation of mandatory uniform
guidelines for intensive care coordination services for children who are at
risk of entering, or are placed in, residential care through the §2.2-2649. Office of Children's Services established; powers and duties. A. The Office of B. The director of the Office of 1. Develop and recommend to the state executive council programs and fiscal policies that promote and support cooperation and collaboration in the provision of services to troubled and at-risk youths and their families at the state and local levels; 2. Develop and recommend to the Council state interagency policies governing the use, distribution and monitoring of moneys in the state pool of funds and the state trust fund; 3. Develop and provide for the consistent oversight for program administration and compliance with state policies and procedures; 4. Provide for training and technical assistance to localities in the provision of efficient and effective services that are responsive to the strengths and needs of troubled and at-risk youths and their families; 5. Serve as liaison to the participating state agencies that administratively support the Office and that provide other necessary services; 6. Provide an informal review and negotiation process pursuant to subdivision D 19 of §2.2-2648; 7. Implement, in collaboration with participating state agencies, policies, guidelines and procedures adopted by the State Executive Council; 8. Consult regularly with the Virginia Municipal League, the
Virginia Coalition of Private Provider Associations, and the Virginia
Association of Counties about implementation and operation of the 9. Hire appropriate staff as approved by the Council; 10. Identify, disseminate, and provide annual training for CSA
staff and other interested parties on best practices and evidence-based
practices related to the 11. Perform such other duties as may be assigned by the State Executive Council; 12. Develop and implement uniform data collection standards and collect data, utilizing a secure electronic database for CSA-funded services, in accordance with subdivision D 16 of §2.2-2648; 13. Develop and implement a uniform set of performance
measures for the 14. Develop, implement, and distribute management reports in accordance with subdivision D 18 of §2.2-2648; 15. Report to the Council all expenditures associated with serving children who receive pool-funded services. The report shall include expenditures for (i) all services purchased with pool funding; (ii) treatment, foster care case management, community-based mental health services, and residential care funded by Medicaid; and (iii) child-specific payments made through the Title IV-E program; 16. Report to the Council on the nature and cost of all services provided to the population of at-risk and troubled children identified by the State Executive Council as within the scope of the CSA program; 17. Develop and distribute model job descriptions for the
position of 18. Develop and distribute guidelines, approved by the State Executive Council, regarding the development and use of multidisciplinary teams, in order to encourage utilization of multidisciplinary teams in service planning and to reduce Family Assessment and Planning Team caseloads to allow Family Assessment and Planning Teams to devote additional time to more complex and potentially costly cases. C. The director of the Office of 1. Develop and maintain a web-based statewide automated
database, with support from the Department of Information Technology or its
successor agency, of the authorized vendors of the 2. Develop, in consultation with the Department of General Services, CPMTs, and vendors, a standardized purchase of services contract, which in addition to general contract provisions when utilizing state pool funds will enable localities to specify the discrete service or services they are purchasing for the specified client, the required reporting of the client's service data, including types and numbers of disabilities, mental health and intellectual disability diagnoses, or delinquent behaviors for which the purchased services are intended to address, the expected outcomes resulting from these services and the performance timeframes mutually agreed to when the services are purchased. §2.2-4345. Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations. A. The following public bodies may enter into contracts without competitive sealed bidding or competitive negotiation: 1. The Director of the Department of Medical Assistance Services for special services provided for eligible recipients pursuant to subsection H of §32.1-325, provided that the Director has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public, or would constitute an imminent threat to the health or welfare of such recipients. The writing shall document the basis for this determination. 2. The State Health Commissioner for the compilation, storage, analysis, evaluation, and publication of certain data submitted by health care providers and for the development of a methodology to measure the efficiency and productivity of health care providers pursuant to Chapter 7.2 (§32.1-276.2 et seq.) of Title 32.1, if the Commissioner has made a determination in advance, after reasonable notice to the public and set forth in writing, that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public. The writing shall document the basis for this determination. Such agreements and contracts shall be based on competitive principles. 3. The Virginia Code Commission when procuring the services of a publisher, pursuant to §§30-146 and 30-148, to publish the Code of Virginia or the Virginia Administrative Code. 4. The Department of Alcoholic Beverage Control for the purchase of alcoholic beverages. 5. The Department for Aging and Rehabilitative Services, for the administration of elder rights programs, with (i) nonprofit Virginia corporations granted tax-exempt status under §501(c)(3) of the Internal Revenue Code with statewide experience in Virginia in conducting a state long-term care ombudsman program or (ii) designated area agencies on aging. 6. The Department of Health for (a) child restraint devices, pursuant to §46.2-1097; (b) health care services with Virginia corporations granted tax-exempt status under §501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery of primary health care services in a community (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; or (c) contracts with laboratories providing cytology and related services if competitive sealed bidding and competitive negotiations are not fiscally advantageous to the public to provide quality control as prescribed in writing by the Commissioner of Health. 7. Virginia Correctional Enterprises, when procuring materials, supplies, or services for use in and support of its production facilities, provided the procurement is accomplished using procedures that ensure as efficient use of funds as practicable and, at a minimum, includes obtaining telephone quotations. Such procedures shall require documentation of the basis for awarding contracts under this section. 8. The Virginia Baseball Stadium Authority for the operation of any facilities developed under the provisions of Chapter 58 (§15.2-5800 et seq.) of Title 15.2, including contracts or agreements with respect to the sale of food, beverages and souvenirs at such facilities. 9. With the consent of the Governor, the Jamestown-Yorktown Foundation for the promotion of tourism through marketing with private entities provided a demonstrable cost savings, as reviewed by the Secretary of Education, can be realized by the Foundation and such agreements or contracts are based on competitive principles. 10. The Chesapeake Hospital Authority in the exercise of any power conferred under Chapter 271, as amended, of the Acts of Assembly of 1966, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services. 11. Richmond Eye and Ear Hospital Authority, any authorities created under Chapter 53 (§15.2-5300 et seq.) of Title 15.2 and any hospital or health center commission created under Chapter 52 (§15.2-5200 et seq.) of Title 15.2 in the exercise of any power conferred under their respective authorizing legislation, provided that these entities shall not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services. 12. The Patrick Hospital Authority sealed in the exercise of any power conferred under the Acts of Assembly of 2000, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services. 13. Public bodies for insurance or electric utility services if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the insurance or electric utility services by use of competitive principles and provided that the public body has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination. 14. Public bodies administering public assistance and social
services programs as defined in §63.2-100, community services boards as
defined in §37.2-100, or any public body purchasing services under the 15. The Eastern Virginia Medical School in the exercise of any power conferred pursuant to Chapter 471, as amended, of the Acts of Assembly of 1964. B. No contract for the construction of any building or for an addition to or improvement of an existing building by any local government or subdivision of local government for which state funds of not more than $50,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or after competitive negotiation as provided under of subsection D of § 2.2-4303. The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this chapter. §2.2-5200. Intent and purpose; definitions. A. It is the intention of this law to create a collaborative system of services and funding that is child-centered, family-focused and community-based when addressing the strengths and needs of troubled and at-risk youths and their families in the Commonwealth. This law shall be interpreted and construed so as to effectuate the following purposes: 1. Ensure that services and funding are consistent with the Commonwealth's policies of preserving families and providing appropriate services in the least restrictive environment, while protecting the welfare of children and maintaining the safety of the public; 2. Identify and intervene early with young children and their families who are at risk of developing emotional or behavioral problems, or both, due to environmental, physical or psychological stress; 3. Design and provide services that are responsive to the unique and diverse strengths and needs of troubled youths and families; 4. Increase interagency collaboration and family involvement in service delivery and management; 5. Encourage a public and private partnership in the delivery of services to troubled and at-risk youths and their families; and 6. Provide communities flexibility in the use of funds and to authorize communities to make decisions and be accountable for providing services in concert with these purposes. B. As used in this chapter, unless the context requires a different meaning: "CSA" means the "Council" means the State Executive Council for §2.2-5201. State and local advisory team; appointment; membership. The state and local advisory team is established to better
serve the needs of troubled and at-risk youths and their families by advising
the Council by managing cooperative efforts at the state level and providing
support to community efforts. The team shall be appointed by and be responsible
to the Council. The team shall include one representative from each of the
following state agencies: the Department of Health, Department of Juvenile
Justice, Department of Social Services, Department of Behavioral Health and
Developmental Services, the Department of Medical Assistance Services, and the
Department of Education. The team shall also include a parent representative
who is not an employee of any public or private program which serves children
and families; a representative of a private organization or association of
providers for children's or family services; a local The team shall annually elect a chairman from among the local government representatives who shall be responsible for convening the team. The team shall develop and adopt bylaws to govern its operations that shall be subject to approval by the Council. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in §2.2-3117 of the State and Local Government Conflict of Interests Act (§2.2-3100 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. §2.2-5206. Community policy and management teams; powers and duties. The community policy and management team shall manage the cooperative effort in each community to better serve the needs of troubled and at-risk youths and their families and to maximize the use of state and community resources. Every such team shall: 1. Develop interagency policies and procedures to govern the provision of services to children and families in its community; 2. Develop interagency fiscal policies governing access to the state pool of funds by the eligible populations including immediate access to funds for emergency services and shelter care; 3. Establish policies to assess the ability of parents or legal guardians to contribute financially to the cost of services to be provided and, when not specifically prohibited by federal or state law or regulation, provide for appropriate parental or legal guardian financial contribution, utilizing a standard sliding fee scale based upon ability to pay; 4. Coordinate long-range, community-wide planning that ensures the development of resources and services needed by children and families in its community including consultation on the development of a community-based system of services established under §16.1-309.3; 5. Establish policies governing referrals and reviews of children and families to the family assessment and planning teams or a collaborative, multidisciplinary team process approved by the Council and a process to review the teams' recommendations and requests for funding; 6. Establish quality assurance and accountability procedures for program utilization and funds management; 7. Establish procedures for obtaining bids on the development of new services; 8. Manage funds in the interagency budget allocated to the community from the state pool of funds, the trust fund, and any other source; 9. Authorize and monitor the expenditure of funds by each family assessment and planning team or a collaborative, multidisciplinary team process approved by the Council; 10. Submit grant proposals that benefit its community to the state trust fund and enter into contracts for the provision or operation of services upon approval of the participating governing bodies; 11. Serve as its community's liaison to the Office of 12. Collect and provide uniform data to the Council as
requested by the Office of 13. Review and analyze data in management reports provided by
the Office of 14. Administer funds pursuant to §16.1-309.3; 15. Have authority, upon approval of the participating governing bodies, to enter into a contract with another community policy and management team to purchase coordination services provided that funds described as the state pool of funds under §2.2-5211 are not used; 16. Submit to the Department of Behavioral Health and Developmental Services information on children under the age of 14 and adolescents ages 14 through 17 for whom an admission to an acute care psychiatric or residential treatment facility licensed pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, exclusive of group homes, was sought but was unable to be obtained by the reporting entities. Such information shall be gathered from the family assessment and planning team or participating community agencies authorized in §2.2-5207. Information to be submitted shall include: a. The child or adolescent's date of birth; b. Date admission was attempted; and c. Reason the patient could not be admitted into the hospital or facility; 17. Establish policies for providing intensive care
coordination services for children who are at risk of entering, or are placed
in, residential care through the 18. Establish policies and procedures for appeals by youth and their families of decisions made by local family assessment and planning teams regarding services to be provided to the youth and family pursuant to an individual family services plan developed by the local family assessment and planning team. Such policies and procedures shall not apply to appeals made pursuant to §63.2-915 or in accordance with the Individuals with Disabilities Education Act or federal or state laws or regulations governing the provision of medical assistance pursuant to Title XIX of the Social Security Act. §2.2-5208. Family assessment and planning team; powers and duties. The family assessment and planning team, in accordance with § 2.2-2648, shall assess the strengths and needs of troubled youths and families who are approved for referral to the team and identify and determine the complement of services required to meet these unique needs. Every such team, in accordance with policies developed by the community policy and management team, shall: 1. Review referrals of youths and families to the team; 2. Provide for family participation in all aspects of assessment, planning and implementation of services; 3. Provide for the participation of foster parents in the assessment, planning and implementation of services when a child has a program goal of permanent foster care or is in a long-term foster care placement. The case manager shall notify the foster parents of a troubled youth of the time and place of all assessment and planning meetings related to such youth. Such foster parents shall be given the opportunity to speak at the meeting or submit written testimony if the foster parents are unable to attend. The opinions of the foster parents shall be considered by the family assessment and planning team in its deliberations; 4. Develop an individual family services plan for youths and families reviewed by the team that provides for appropriate and cost-effective services; 5. Identify children who are at risk of entering, or are
placed in, residential care through the 6. Where parental or legal guardian financial contribution is not specifically prohibited by federal or state law or regulation, or has not been ordered by the court or by the Division of Child Support Enforcement, assess the ability of parents or legal guardians, utilizing a standard sliding fee scale, based upon ability to pay, to contribute financially to the cost of services to be provided and provide for appropriate financial contribution from parents or legal guardians in the individual family services plan; 7. Refer the youth and family to community agencies and resources in accordance with the individual family services plan; 8. Recommend to the community policy and management team expenditures from the local allocation of the state pool of funds; and 9. Designate a person who is responsible for monitoring and reporting, as appropriate, on the progress being made in fulfilling the individual family services plan developed for each youth and family, such reports to be made to the team or the responsible local agencies. §2.2-5210. Information sharing; confidentiality. All public agencies that have served a family or treated a child referred to a family assessment and planning team shall cooperate with this team. The agency that refers a youth and family to the team shall be responsible for obtaining the consent required to share agency client information with the team. After obtaining the proper consent, all agencies shall promptly deliver, upon request and without charge, such records of services, treatment or education of the family or child as are necessary for a full and informed assessment by the team. Proceedings held to consider the appropriate provision of services and funding for a particular child or family or both who have been referred to the family assessment and planning team and whose case is being assessed by this team or reviewed by the community management and planning team shall be confidential and not open to the public, unless the child and family who are the subjects of the proceeding request, in writing, that it be open. All information about specific children and families obtained by the team members in the discharge of their responsibilities to the team shall be confidential. Utilizing a secure electronic database, the CPMT and the
family assessment and planning team shall provide the Office of §2.2-5211.1. Certain restrictions on reimbursement and placements of children in residential facilities. Notwithstanding any provision of this chapter to the contrary
or any practice or previous decision-making process of the state executive
council, Office of 1. In the event that any group home or other residential facility in which CSA children reside has its licensure status lowered to provisional as a result of multiple health and safety or human rights violations, all children placed through CSA in such facility shall be assessed as to whether it is in the best interests of each child placed to be removed from the facility and placed in a fully licensed facility and no additional CSA placements shall be made in the provisionally licensed facility until and unless the violations and deficiencies relating to health and safety or human rights that caused the designation as provisional shall be completely remedied and full licensure status restored. 2. Prior to the placement of a child across jurisdictional
lines, the family assessment and planning teams shall (i) explore all
appropriate community services for the child, (ii) document that no appropriate
placement is available in the locality, and (iii) report the rationale for the
placement decision to the community policy and management team. The community
policy and management team shall report annually to the Office of 3. Community policy and management teams, family assessment and planning teams or other local entities responsible for CSA placements shall notify the receiving school division whenever a child is placed across jurisdictional lines and identify any children with disabilities and foster care children to facilitate compliance with expedited enrollment and special education requirements. §2.2-5213. State trust fund. A. There is established a state trust fund with funds appropriated by the General Assembly. The purposes of this fund are to develop: 1. Early intervention services for young children and their families, which are defined to include: prevention efforts for individuals who are at-risk for developing problems based on biological, psychological or social/environmental factors. 2. Community services for troubled youths who have emotional or behavior problems, or both, and who can appropriately and effectively be served in the home or community, or both, and their families. The fund shall consist of moneys from the state general fund, federal grants, and private foundations. B. Proposals for requesting these funds shall be made by
community policy and management teams to the Office of §2.2-5214. Rates for purchase of services; service fee directory. The rates paid for services purchased pursuant to this chapter
shall be determined by competition of the market place and by a process
sufficiently flexible to ensure that family assessment and planning teams and
providers can meet the needs of individual children and families referred to
them. To ensure that family assessment and planning teams are informed about
the availability of programs and the rates charged for such programs, the
Council shall oversee the development of and approve a service fee directory
that shall list the services offered and the rates charged by any entity,
public or private, which offers specialized services for at-risk youth or
families. The Council shall designate the Office of §16.1-286. Cost of maintenance; approval of placement; semiannual review. A. When the court determines that the behavior of a child
within its jurisdiction is such that it cannot be dealt with in the child's own
locality or with the resources of his locality, the judge shall refer the child
to the locality's family assessment and planning team for assessment and a
recommendation for services. Based on this recommendation, the court may take
custody and place the child, pursuant to the provisions of subdivision 5 of §
16.1-278.4 or subdivision A 13 b of §16.1-278.8, in a private or locally
operated public facility, or nonresidential program with funding in accordance
with the The Board shall establish a per diem allowance to cover the cost of such placements. This allowance may be drawn from funds allocated through the state pool of funds to the community policy and management team of the locality where the child resides as such residence is determined by the court. The cost, however, shall not exceed that amount which would be incurred if the services required by the child were provided in a juvenile facility operated by the Department of Juvenile Justice. However, when the court determines after an investigation and a hearing that the child's parent or other person legally obligated to provide support is financially able to contribute to support of the child, the court may order that the parent or other legally obligated person pay, pursuant to §16.1-290. If the parent or other obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt. Alternatively, the court, after reasonable notice to the obligor, may enter an order adjudicating that the obligor is delinquent and such order shall have the effect of a civil judgment when duly docketed in the manner prescribed for the docketing of other judgments for money provided. B. The court service unit of the locality which made the placement shall be responsible for monitoring and supervising all children placed pursuant to this section. The court shall receive and review, at least semiannually, recommendations concerning the continued care of each child in such placements. §37.2-408. Regulation of services delivered in group homes and residential facilities for children. A. The Department shall assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. The Board shall adopt regulations that shall allow the Department to so assist and cooperate with other state departments. The Board may adopt regulations to enhance cooperation and assistance among agencies licensing similar programs. B. The Board's regulations shall establish the Department as the single licensing agency, with the exception of educational programs licensed by the Department of Education, for group homes or residential facilities providing mental health, developmental, brain injury, or substance abuse services other than facilities operated or regulated by the Department of Juvenile Justice. Such regulations shall address the services required to be provided in group homes and residential facilities for children as it may deem appropriate to ensure the health and safety of the children. In addition, the Board's regulations shall include, but shall not be limited to (i) specifications for the structure and accommodations of such homes and facilities according to the needs of the children to be placed; (ii) rules concerning allowable activities, local government- and home- or facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large. C. Pursuant to the procedures set forth in subsection D, the Commissioner may issue a summary order of suspension of the license of a group home or residential facility for children licensed pursuant to the Board's regulations under subsection A, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner believes the operation should be suspended during the pendency of such proceeding. D. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Commissioner's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Department had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension. The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Commissioner may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of children who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to children. E. In addition to the requirements set forth above, the Board's regulations shall require, as a condition of initial licensure or, if appropriate, license renewal, that the applicant shall: (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, and community relations; and (iv) be required to screen children prior to admission to exclude children with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility. F. In addition, the Department shall: 1. Notify relevant local governments and placing and funding
agencies, including the Office of 2. Post on the Department's website information concerning the application for initial licensure of or renewal, denial, or provisional licensure of any residential facility for children located in the locality; 3. Require all licensees to self-report lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of children receiving services; 4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the children receiving services in accordance with the facility's operational plan; 5. Modify the term of the license at any time during the term of the license based on a change in compliance; and 6. Disseminate to local governments, or post on the Department's website, an accurate (updated weekly or monthly as necessary) list of licensed and operating group homes and other residential facilities for children by locality with information on services and identification of the lead licensure agency. §63.2-226. Duties of Department. The Department shall assume administrative responsibilities for the statewide system. In this capacity, the Department shall establish an office to: 1. Develop a plan for the design and implementation of a statewide human services information and referral program; 2. Coordinate and supervise the implementation and operation of the information and referral program; 3. Coordinate funding for the system; 4. Select regional providers of information and referral services; 5. Supervise coordination of information management among information and referral regions across the Commonwealth; 6. Encourage effective relationships between the system and state and local agencies and public and private organizations; 7. Develop and implement a statewide publicity effort; 8. Provide training, technical assistance, research, and consultation for regional and local information and referral centers, and to localities interested in developing information and referral services; 9. Determine a core level of services to be funded from state government resources; 10. Coordinate standardization of resource data collection, maintenance and dissemination; 11. Stimulate and encourage the availability of statewide information and referral services; 12. Develop and implement a program for monitoring and assessing the performance and success of the information and referral program; and 13. Collect information on child-specific payments made
through the Title IV-E foster care program and submit information, when
available, to the Office of §63.2-410. State pool of funds under the Children's Services Act. The General Assembly and the governing body of each county and city shall appropriate such sum or sums of money for use by the community policy and management teams through the state pool of funds established in Chapter 52 (§2.2-5200 et seq.) of Title 2.2 as shall be sufficient to provide basic foster care services for children who are identified as being at risk, as determined by policy developed by the Board, or who are under the custody and control of the local board. The local governing body of each county and city shall appropriate such sums of money as necessary for the purchase of such other essential social services to children and adults under such conditions as may be prescribed by the Board in accordance with federally reimbursed public assistance and social service programs. §63.2-1737. Licensure of group homes and residential facilities for children. A. Notwithstanding any other provisions of this subtitle, the Department shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities of children's residential facilities. The Board shall adopt regulations establishing the Department as the single licensing agency for the regulation of children's residential facilities, including group homes, which provide social services programs, with the exception of educational programs licensed by the Department of Education and facilities regulated by the Department of Juvenile Justice. Notwithstanding any other provisions of this chapter, licenses issued to children's residential facilities may be issued for periods of up to 36 successive months. B. The Board's regulations for the regulation of children's residential facilities shall address the services required to be provided in such facilities as it may deem appropriate to ensure the health and safety of the children. In addition, the Board's regulations shall include, but shall not be limited to (i) specifications for the structure and accommodations of such facilities according to the needs of the children; (ii) rules concerning allowable activities, local government- and facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large. C. Notwithstanding any other provisions of this chapter, any facility licensed by the Commissioner as a child-caring institution as of January 1, 1987, and that receives no public funds shall be licensed under minimum standards for licensed child-caring institutions as adopted by the Board and in effect on January 1, 1987. Effective January 1, 1987, all children's residential facilities shall be licensed under the regulations for children's residential facilities. D. Pursuant to the procedures set forth in subsection E and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a summary order of suspension of the license of any group home or residential facility for children, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner believes the operation of the home or facility should be suspended during the pendency of such proceeding. E. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Commissioner's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Commissioner had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension. The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Commissioner may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of children who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to such residents. F. In addition to the requirements set forth in subsection B, the Board's regulations shall require, as a condition of initial licensure or, if appropriate, license renewal, that the applicant shall: (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, community relations, and shaken baby syndrome and its effects; and (iv) be required to screen residents prior to admission to exclude individuals with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility. G. In addition, the Department shall: 1. Notify relevant local governments and placing and funding
agencies, including the Office of 2. Post on the Department's website information concerning the application for initial licensure of or renewal, denial, or provisional licensure of any residential facility for children located in the locality; 3. Require all licensees to self-report lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of residents; 4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan; 5. Disseminate to local governments, or post on the Department's website, an accurate (updated weekly or monthly as necessary) list of licensed and operating group homes and other residential facilities for children by locality with information on services and identification of the lead licensure agency; and 6. Modify the term of the license at any time during the term of the license based on a change in compliance. §66-24. Community group homes and other residential facilities for certain juveniles; licensure; personnel; summary suspension under certain circumstances; penalty. A. The Department of Juvenile Justice shall cooperate with other state departments in fulfilling their respective licensing and certification responsibilities of children's residential facilities. The Board shall promulgate regulations that shall allow the Department to so assist and cooperate with other state departments. The Board's regulations shall establish the Department as the single licensing agency, with the exception of educational programs licensed by the Department of Education, for group homes or residential facilities providing care of juveniles in direct state care. B. The Department is authorized to establish and maintain such a system of community group homes or other residential care facilities as the Department may from time to time acquire, construct, contract for or rent for the care of juveniles in direct state care, pending development of more permanent placement plans. Any community group home or other residential care facility that the Department may contract for or rent for the care of juveniles in direct state care shall be licensed or certified in accordance with the regulations of the Board. Any more permanent placement plans shall consider adequate care and treatment, and suitable education, training and employment for such juveniles, as is appropriate. C. The Department is further authorized to employ necessary personnel for community group homes or other residential care facilities or to contract with private entities for their operation. The Department shall conduct background checks of any individual who (i) accepts a position of employment at a community group home or other residential care facility, (ii) volunteers at a community group home or other residential care facility on a regular basis and will be alone with a juvenile in the performance of his duties, or (iii) provides contractual services directly to a juvenile in a community group home or other residential care facility on a regular basis and will be alone with a juvenile in the performance of his duties, pursuant to § 63.2-1726. D. The Board shall promulgate regulations for licensure or certification of community group homes or other residential care facilities that contract with or are rented for the care of juveniles in direct state care pursuant to subsection B. The Board's regulations shall address the services required to be provided in such facilities as it may deem appropriate to ensure the welfare and safety of the juveniles. In addition, the Board's regulations shall include, but need not be limited to (i) specifications for the structure and accommodations of such facilities according to the needs of the juveniles to be placed in the home or facility; (ii) rules concerning allowable activities, local government- and group home- or residential care facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large. E. Pursuant to the procedures set forth in subsection F and in addition to any other legally authorized disciplinary actions, the Director may issue a summary order of suspension of the license or certificate of any group home or residential facility so regulated by the Department, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the juveniles who are residents and the Director believes the operation of the home or facility should be suspended during the pendency of such proceeding. F. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or certificate holder or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee or certificate holder. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Director or his designee. After such hearing, the Director may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee or certificate holder may appeal the Director's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Director had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension. The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Director may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of the juveniles who are residents of a home or facility whose license or certificate has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to such residents. G. In addition to the requirements set forth above, the Board's regulations shall require, as a condition of initial licensure or, if appropriate, license renewal, that the applicant shall: (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, and community relations; and (iv) be required to screen residents prior to admission to exclude individuals with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility. H. In addition, the Department shall: 1. Notify relevant local governments and placing and funding
agencies, including the Office of 2. Post on the Department's website information concerning the application for initial licensure or certification of or renewal, denial, or provisional licensure or certification of any residential facility for children located in the locality; 3. Require all licensees or certificate holders to self-report lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of residents; 4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan; 5. Modify the term of the license or certificate at any time during the term of the license or certificate based on a change in compliance; and 6. Disseminate to local governments, or post on the Department's website, an accurate (updated weekly or monthly as necessary) list of licensed and operating group homes and other residential facilities for children by locality with information on services and identification of the lead licensure agency. |