Related bills that would allow the Commissioner of Social Services to create and enforce corrective action plans for local departments that fail to administer public assistance or child welfare services and to centralize child protective services intake at the state level are headed to conference. Although there appears to be broad support in the legislature for provisions allowing greater state oversight of local departments, the bills dealing with centralized intake take substantially different approaches.
HB 1366 (Callsen), as passed by the House, would allow the Commissioner of Social Services to create and enforce a corrective action plan for local departments of social services that fail to administer public assistance and social services programs in accordance with applicable laws and regulations, or act or fail to act in a manner that poses a substantial risk to the health, safety, or well-being of a child or adult. (The bill also provides explicit authority for the Commissioner to use state staff or contract with private entities to assist local departments when they request help in administering programs.) The bill allows the Commissioner to temporarily assume control over the local department’s operations if the department fails to comply with the corrective action plan. This legislation is patterned after existing authority granted to the Commissioner to establish corrective action plans for local departments for foster care services. SB 640 (Pillion), as passed by the Senate, contains similar provisions, although under this bill, the next step for a department that fails to comply with the corrective action plan would be the Commissioner’s withholding of state funds until the department complies.
HB 1490 (Tran), as passed by the House, would centralize intake of complaints of child abuse and neglect at the state level, with staff at the Virginia Department of Social Services assessing reports for validity and referring valid complaints to the appropriate local department. Under current law, local departments receive complaints and validity determinations are the responsibility of local departments. Under the bill, centralization would be implemented on a phased-in basis, and the state Department of Social Services would convene a workgroup to assist with statewide implementation. The Department would also be required to contract with a third party for a comprehensive study of the screening process of child protective services complaints. The bill also requires the State Board of Social Services to promulgate regulations requiring local departments of social services to respond to valid reports and complaints of suspected abuse and neglect of a child under the age of three within 24 hours of receipt; current law requires this expedited response for children under the age of two.
As passed by the Senate, SB 640 would also centralize the intake process, although these provisions are subject to reenactment, meaning that the General Assembly would have to pass the bill again at a future session. The bill also requires a comprehensive study of the screening process, with a workgroup to be convened to evaluate the third party’s study and recommendations. Additional language requires the Secretary of Health and Human Resources to convene a Social Services Task Force to develop a comprehensive improvement plan for the state Department and local departments; topics to be reviewed include eligibility determination and administration of benefits and the funding methodology used to allocate administrative funds. This bill would also require an expedited response to valid reports of abuse and neglect of a child younger than three.
These bills are moving toward a conference committee to resolve differences among their provisions. Funding for the Department’s ability to develop and implement corrective action plans, centralized intake, and expedited response for young children was included in the introduced budget, but the House and Senate have modified the funding for centralized intake based on their approaches to the implementation timeline.
VACo Contact: Katie Boyle