Bill Text: VA SB435 | 2022 | Regular Session | Comm Sub
Bill Title: Children's Services Act; community policy and management teams and family assessment, etc.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0419) [SB435 Detail]
Download: Virginia-2022-SB435-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-5205 and 2.2-5207 of the Code of Virginia are amended and reenacted as follows:
§2.2-5205. Community policy and management teams; membership; immunity from liability.
The community policy and management team to be appointed by
the local governing body shall include, at a minimum, at least one elected
official or appointed official or his designee from the governing body of a
locality that is a member of the team, and the local agency heads or
their designees of the following community agencies: community services board
established pursuant to §37.2-501, juvenile court services unit, department of
health, department of social services, and the local school
division. The team shall also include a representative of a private organization
or association of providers for children's or family services if such
organizations or associations are located within the locality, and a
parent representative. Parent representatives who are employed by a public or
private program that receives funds pursuant to this chapter or agencies
represented on a community policy and management team may serve as a parent
representative provided that they do not, as a part of their employment,
interact directly on a regular and daily basis with children or supervise
employees who interact directly on a daily basis with children. Notwithstanding
this provision, foster parents may serve as parent representatives no
other parent representative is available. Those persons appointed to
represent community agencies shall be authorized to make policy and funding
decisions for their agencies.
The local governing body may appoint other members to the team, including, but not limited to, a local government official, a local law-enforcement official, and representatives of other public agencies.
When any combination of counties, cities or counties, and cities establishes a community policy and management team, the membership requirements previously set out shall be adhered to by the team as a whole.
Persons who serve on the team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in §2.2-3117 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.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children's or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in §2.2-3101 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
§2.2-5207. Family assessment and planning team; membership; immunity from liability.
Each community policy and management team shall establish and
appoint one or more family assessment and planning teams as the needs of the
community require. Each family assessment and planning team shall include
representatives of the following community agencies who have authority to
access services within their respective agencies: community services board
established pursuant to §37.2-501, juvenile court services unit, department of
social services, and local school division. Each family and planning team also
shall include a parent representative and may include a representative of the
department of health at the request of the chair of the local community policy
and management team. Parent representatives who are employed by a public or
private program that receives funds pursuant to this chapter or agencies
represented on a family assessment and planning team may serve as a parent
representative provided that they do not, as a part of their employment,
interact directly on a regular and daily basis with children or supervise
employees who interact directly on a regular basis with children.
Notwithstanding this provision, foster parents may serve as parent
representatives no other parent representative is available. The
family assessment and planning team may include a representative of a private
organization or association of providers for children's or family services and
of other public agencies.
Persons who serve on a family assessment and planning team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.2-3117 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.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children's or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in §2.2-3101 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
2. That the State Executive Council for Children's Services (SEC) shall inventory current efforts to recruit and retain parent representatives on local community policy and management teams (CPMTs) and family assessment and planning teams (FAPTs) and compile a list of best practices for including and elevating parent voices within CPMTs and FAPTs, particularly parents and caregivers with lived experience in child welfare, juvenile justice, special education, or behavioral health services, for distribution to local Children's Services Act programs. The SEC shall provide a copy of this report to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Health, Welfare and Institutions no later than November 1, 2022.
