Legislative Update

Adult Social Services

Bills Committee Last action Date
HB 105 - Herring - Criminal Justice Services, Department of; training standards, community engaged policing. (H) Committee on Militia, Police and Public Safety(H) Assigned MPPS sub: Subcommittee #201/15/18
notes: Expands the responsibilities of the Department of Criminal Justice Services regarding community policing by requiring the compulsory training standards for basic training and recertification of law-enforcement officers to include fair and impartial policing, verbal de-escalation, and needs of special populations. The bill changes the term "community policing" to "community engaged policing."
HB 196 - Bulova - Child abuse or neglect; extension of hearings to review findings by local depts. of social services. (H) Committee on Appropriations(H) Assigned App. sub: Health & Human Resources01/22/18
notes: Provides that a person who appeals a determination by a local department of social services related to child abuse or neglect to a hearing officer designated by the Commissioner of Social Services may request a maximum of two extensions of the hearing upon a showing of compelling reasons to justify the extensions, which shall not exceed 90 days after the date on which the hearing was first scheduled to be held.
HB 216 - Krizek - Guardians, licensed physician, etc.; annual reports. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #101/17/18
notes: Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.
HB 260 - Jones, J.C. - Virginia Critically Missing Adult Alert Program; created. (H) Committee on Militia, Police and Public Safety(H) Assigned MPPS sub: Subcommittee #201/15/18
notes: Creates a program for local, regional, or statewide notification of a critically missing adult, defined as an adult whose whereabouts are unknown, who is believed to have been abducted, and whose disappearance poses a credible threat to his health and safety.
HB 262 - Miyares - Protective orders; family abuse, cellular telephone numbers and service plans. (H) Committee for Courts of Justice(H) Assigned Courts sub: Subcommittee #201/16/18
notes: Provides that as a condition to be imposed by the court on the respondent, a petitioner with a protective order issued in a case that alleges family abuse and, where appropriate, any other family or household member may be granted exclusive rights to and use of a cellular telephone number utilized by the parties to the exclusion of the respondent. The bill further provides that a respondent may be enjoined from terminating any cellular telephone service plan containing such a cellular telephone number or, where appropriate, be ordered to restore or reinstate such terminated service plan.
HB 278 - Collins - Compensation guardian ad litem appointed to represent a child; adjustment by the court. (H) Committee for Courts of Justice(H) Assigned Courts sub: Subcommittee #201/16/18
notes: Provides that a court may adjust the costs of a guardian ad litem's services for good cause shown or upon the failure of the guardian ad litem to substantially comply with the standards adopted for attorneys appointed as guardians ad litem.
HB 285 - Murphy - Temporary Assistance for Needy Families Scholarship Pilot Program; VCCS shall establish, report. (H) Committee on Education(H) Assigned Education sub: Subcommittee #301/19/18
notes: Directs the Virginia Community College System (VCCS) to establish and administer a two-year Temporary Assistance for Needy Families (TANF) Scholarship Pilot Program (the Program) for the purpose of providing access to postsecondary educational opportunities to students living in poverty. The Program would provide scholarships to select comprehensive community colleges in the maximum amount of $4,000 per year, to be applied toward the costs of tuition and books, to 200 selected students who meet TANF eligibility requirements. The Program would be funded by the unexpended balance in federal TANF block grant funds. The bill directs VCCS to report to the Governor and the General Assembly no later than December 1 of each year regarding the effectiveness of and other information about the Program. The bill does not become effective unless an appropriation effectuating the purposes of the bill is included in an appropriation act passed in 2018 by the General Assembly that becomes law.
HB 291 - Collins - Social Services, Commissioner of; storage and preservation of adoption files. (H) Committee on Health, Welfare and Institutions(H) Read first time01/22/18
notes: Provides the Commissioner of Social Services with certain powers and duties related to the custody, storage, preservation, duplication, and certification of adoption files. The bill contains an emergency clause.
HB 309 - Watts - Nursing homes; standards of care. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/03/18
notes: Increases the staffing and care standards in nursing homes to require a minimum of specific direct care services to each resident per 24-hour period.
HB 338 - Miyares - Medicaid; work requirement. (H) Committee on Rules(H) Referred to Committee on Rules01/04/18
notes: Directs the Secretary of Health and Human Resources to apply for a waiver to implement a work requirement for able-bodied adult recipients of medical assistance services.
HB 348 - Sickles - Medical assistance; eligibility for state plan. (H) Committee on Rules(H) Referred to Committee on Rules01/04/18
notes: Requires the Board of Medical Assistance Services to include in the state plan for medical assistance provision for the payment of medical assistance on behalf of individuals described in 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) who are under 65 years of age and not otherwise eligible for medical assistance and whose household income does not exceed 133 percent of the federal poverty level for a family of that size. The bill provides that such provision shall expire on December 31 of any year in which the federal medical assistance percentage for such individuals falls below the percentages set forth in 42 C.F.R. 433.10(c)(6). This bill also repeals provisions of the Code of Virginia establishing the Medicaid Innovation and Reform Commission.
HB 389 - Keam - Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction. (H) Committee on Health, Welfare and Institutions(H) Subcommittee recommends reporting (10-Y 0-N)01/16/18
notes: Requires local departments of social services to notify the Superintendent of Public Instruction without delay when an individual holding a license issued by the Board of Education is the subject of a founded complaint of child abuse or neglect.
HB 406 - Levine - Guardianship; communication between incapacitated persons & others, notification of relatives. (H) Committee for Courts of Justice(H) Subcommittee recommends reporting with amendment (6-Y 1-N)01/17/18
notes: Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate with, visit, or interact with, or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify certain relatives of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such relative does not wish to be notified or if there exists between such relative and the incapacitated person a protective order or court order otherwise prohibiting contact.
HB 477 - Reid - Guardianship; communication between incapacitated persons and others. (H) Committee for Courts of Justice(H) Subcommittee recommends striking from docket (8-Y 0-N)01/17/18
notes: Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment.
HB 478 - Reid - Domestic violence-related misdemeanors; enhanced penalty. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/07/18
notes: Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged has been previously convicted of any of these offenses, however punished, or of assault or bodily wounding within the preceding 20 years and the victim of the prior and the instant offenses is the same.
HB 1074 - Heretick - Protective orders; reciprocal no contact provisions. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/10/18
notes: Provides that any protective order that prohibits contacts by the respondent with the petitioner may also include a provision prohibiting contacts by the petitioner with the respondent.
HB 1130 - Rasoul - Assisted living facilities, etc.; licensure of facilities operated by agencies of the Commonwealth. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/10/18
notes: Provides for licensure of assisted living facilities, adult day care centers, and child welfare agencies operated by the agencies of the Commonwealth.
HB 1207 - Heretick - Investigative and enforcement proceedings; information provided to individuals or business entities. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/18/18
notes: Provides that persons who are the subject of a complaint involving abuse or neglect have a right to be provided with (i) unredacted copies of notes and reports relating to the investigation and the names of the reporter and collateral witnesses and (ii) all other information that the Department of Social Services (Department) or local department intends to rely upon, in whole or in part, in reaching a determination regarding the complaint. The Department or local department may withhold from disclosure (a) the reporter's name, (b) the identity of a collateral witness, (c) the identity of any other person providing information, or (d) any other information connected to the investigation only upon a specific determination that such disclosure would endanger the well-being of a child or the life or safety of the reporter or collateral witness. The bill provides that the decision to withhold the name, identity, or other information may be appealed to the circuit court with the local department having the burden of proving by clear and convincing evidence that the disclosure would endanger the well-being of a child or the life or safety of the reporter or collateral witness or any other person providing information.
HB 1242 - Cline - View; substance abuse screening and assessment of public assistance applicants and recipients. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/10/18
notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal drugs, the Department of Social Services shall require drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year unless, in the case of a positive test result, such person enters into a drug treatment program.
HB 1280 - LaRock - Application for public assistance; eligibility; review of records. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/10/18
notes: Requires entities processing applications for medical assistance and other public assistance to conduct a review of death records and records relating to incarceration status, employment status, and income of the applicant to determine whether the applicant is eligible for assistance and to review the records of the Virginia Lottery to determine whether the applicant has received any winnings from the Virginia Lottery that may constitute income or resources for purposes of determining eligibility for medical assistance or public assistance.
HB 1429 - Carroll Foy - Department of Social Services; collection of data regarding substance abuse. (H) Committee on Health, Welfare and Institutions(H) Assigned HWI sub: Subcommittee #201/19/18
notes: Provides that whenever the primary reason for removing a child from his home by a local board of social services is categorized as substance abuse by his parent or guardian, including removal due to in utero drug exposure, the Department of Social Services shall, to the extent possible, collect and record information regarding the specific drugs taken by the parent or guardian. The bill requires the Department to develop a process and system to collect, collate, and report such data by July 1, 2019, and to implement such process and system by July 1, 2020.
HB 1439 - Sickles - Assisted living facilities; regulations governing staff. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/16/18
notes: Directs the State Board of Social Services to amend regulations governing staffing of assisted living facilities that provide care for adults with serious cognitive impairments to allow an exception to certain requirements for assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments.
HB 1461 - Tran - Office of Immigrant Assistance created. (H) Committee on Health, Welfare and Institutions(H) Referred to Committee on Health, Welfare and Institutions01/17/18
notes: Establishes in the Department of Social Services an Office of Immigrant Assistance (the Office) to assist persons lawfully entering the United States and the Commonwealth for the purpose of becoming citizens. The Office shall provide (i) advice and assistance regarding the citizenship application process; (ii) assistance with finding and securing employment, housing, and services for which such persons may be eligible; (iii) information to localities and immigrant service organizations about state programs that help such persons find and secure employment, housing, and services for which they may be eligible and the benefits of such programs; and (iv) information to localities and immigrant service organizations regarding health epidemics and unlawful predatory actions, such as human trafficking, gang recruitment, and fraudulent financial and other schemes, to which communities of such persons may be especially vulnerable.
HB 1580 - Cline - Violation of protective order or stalking; third or subsequent offense; penalty. (H) Committee for Courts of Justice(H) Referred to Committee for Courts of Justice01/19/18
notes: Expands the offenses for which a conviction of a third or subsequent offense, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence and the instant and prior offenses arise out of separate incidents, is a Class 6 felony with a mandatory minimum term of confinement of six months from violating a protective order to any combination of violating a protective order or stalking.
HJ 118 - Bell, Robert B. - Department of Social Services to study regulation of independent living communities. Report. (H) Committee on Rules(H) Assigned Rules sub: Subcommittee #101/19/18
notes: Department of Social Services to study regulation of independent living communities. Report.
SB 49 - Cosgrove - Sex offenders in emergency shelters; notification registration. (S) Committee for Courts of Justice(S) Reported from Courts of Justice with substitute (12-Y 2-N)01/22/18
notes: Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that the shelter's staff may access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information in making reasonable accommodations to ensure the safety of all persons in the shelter; however, no person shall be denied entry solely on the basis of his status as a sex offender unless such entry is otherwise prohibited by law. The bill also requires that such person register with the local law-enforcement agency where the shelter is located within three days of entering the shelter if such person continues to reside in the shelter at that time.
SB 81 - Hanger - Landowner liability; educational activity. (H) Committee on Agriculture, Chesapeake and Natural Resources

(S) Committee on Agriculture, Conservation and Natural Resources
(H) Referred to Committee on Agriculture, Chesapeake and Natural Resources01/23/18
notes: Provides that a landowner whose property is used for an educational activity shall owe no duty of care to a member of the public arising out of the educational use of the land. Current law provides such an exemption for recreational activities and certain other uses of land.
SB 156 - Edwards - Guardians, licensed physician, etc.; annual reports. (S) Committee for Courts of Justice(S) Rereferred to Courts of Justice01/12/18
notes: Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.
SB 797 - Howell - Protective orders; possession of firearms; penalty. (S) Committee on Finance(S) Rereferred to Finance01/17/18
notes: Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person.
SB 891 - Wagner - Assisted living facility administrator. (S) Committee on Education and Health(S) Referred to Committee on Education and Health01/19/18
notes: Exempts from licensure by the Board of Long-Term Care Administrators any assisted living facility administrator who is a licensed practical nurse and serves as the administrator of an assisted living facility that provides care for not more than 20 residents. The bill allows such assisted living facility administrators to serve as the administrator of record for more than one assisted living facility, provided that the combined total of residents at such assisted living facilities does not exceed 20 residents.
SB 952 - Stuart - Protective orders; issuance upon convictions for certain felonies; penalty. (S) Committee for Courts of Justice(S) Referred to Committee for Courts of Justice01/19/18
notes: Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 ( 18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 ( 18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 ( 18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 ( 18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
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