Bill Text: VA HB317 | 2024 | Regular Session | Chaptered
Bill Title: Children's residential facility; Off. of Children's Ombudsman to interview children in foster care.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-04-02 - Governor: Acts of Assembly Chapter text (CHAP0280) [HB317 Detail]
Download: Virginia-2024-HB317-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-438, 2.2-442, 2.2-445, and 2.2-447 of the Code of Virginia are amended and reenacted as follows:
§2.2-438. Definitions.
As used in this chapter, unless context requires another meaning:
"Abused or neglected child" means the same as that term is defined in §63.2-100.
"Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, a children's residential facility, or a child-placing agency with respect to a particular child related to adoption, foster care, or protective services.
"Central registry" means the system maintained at the Department of Social Services pursuant to §63.2-1515.
"Child" means an individual under the age of 18.
"Child-placing agency" means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to §63.2-1819; (ii) a local board that places children in foster homes or adoptive homes pursuant to §§63.2-900, 63.2-903, and 63.2-1221; or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§20-166 et seq.) of Title 20. "Child-placing agency" does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth or any locality thereof, acting within the scope of their authority as such, who serve as or maintain a child-placing agency shall not be required to be licensed.
"Children's Ombudsman" or "Ombudsman" means the individual appointed to head the Office of the Children's Ombudsman under §2.2-439.
"Children's residential facility" means the same as that term is defined in §63.2-100.
"Child-serving agency" means (i) a state agency that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office of Children's Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i). "Child-serving agency" does not include any law-enforcement agency.
"Complainant" means an individual who makes a complaint pursuant to §2.2-441.
"Department" means the Department of Social Services.
"Foster care" means care provided to a child by a foster parent, children's residential facility, or group home licensed or approved by the Department under Chapter 9 (§63.2-900) of Title 63.2; care provided to a child in a relative's home under a court order; or any other care provided at the time the child's custody has been given to a government agency.
"Law-enforcement agency" means any crime victim and witness assistance program whose funding is provided in whole or in part by grants administered by the Department of Criminal Justice Services pursuant to §9.1-104, any state or local police or sheriff's department, any office of an attorney for the Commonwealth, or the Office of the Attorney General.
"Local department" means the local department of social services of any county or city in the Commonwealth.
"Office" means the Office of the Children's Ombudsman established under §2.2-439.
§2.2-442. Children's Ombudsman; powers and duties.
In addition to any powers described in this chapter, the Children's Ombudsman has the authority to do all of the following with regard to children receiving child-protective services, in foster care, or placed for adoption and children who may have died as a result of alleged abuse or neglect:
1. Pursue all necessary action, including legal action, to protect the rights and welfare of such children;
2. Pursue legislative advocacy in the best interest of such children;
3. Review policies and procedures relating to any child-serving agency's involvement with such children upon the Ombudsman's own initiative or upon receipt of a complaint and make recommendations for improvement;
4. Initiate investigations of administrative acts of the Department, a local department, a children's residential facility, or a child-placing agency in cases relating to such children upon the Ombudsman's own initiative or upon receipt of a complaint; and
5. Subject to an appropriation of funds, commence and conduct investigations into alleged violations of the rights of a foster parent.
§2.2-445. Department and child-placing agency; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks.
A. The Department or local department, a children's residential facility, and a child-placing agency shall do all of the following:
1. Upon the Ombudsman's request, grant the Ombudsman or the Office access to all information, records, and documents in the possession of the Department or local department, children's residential facility, or child-placing agency that the Ombudsman considers relevant and necessary in an investigation.
2. Assist the Ombudsman or the Office to obtain the necessary releases of those documents that are specifically restricted.
3. Upon the Ombudsman's request, provide the Ombudsman or the Office with progress reports concerning the administrative processing of a complaint.
4. Upon the Ombudsman's request, provide the Ombudsman or the Office the information requested under subdivision 1 or notification within 10 business days after the request that the Department or local department has determined that release of the information would violate federal or state law.
5. Upon the Ombudsman's request, grant access and provide consent to interview children in foster care who are the subject of or the complainant in an investigation.
B. The Department or local department, an attorney involved
with an adoption a children's residential facility, and a
child-placing agency shall provide information to a biological parent,
prospective adoptive parent, or foster parent regarding the provisions of this
chapter.
C. The Ombudsman and the Office shall have access, in the Ombudsman's own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, and the central registry, unless otherwise prohibited by state or federal law or if the release of the information to the Ombudsman would jeopardize federal funding. The cost of implementing this subsection shall be negotiated among the Office and the custodians of such networks.
§2.2-447. Report of findings; recommendations; consultation with individual, Department, local department, children's residential facility, or child-placing agency; publication of adverse report; notice of actions; information provided to complainant; child fatality investigation; report.
A. The Ombudsman shall prepare a report of the factual findings of an investigation and make recommendations to the Department, local department, children's residential facility, or child-placing agency if the Ombudsman finds any of the following:
1. A matter should be further considered by the Department, local department, children's residential facility, or child-placing agency.
2. An administrative act or omission should be modified, canceled, or corrected.
3. Reasons should be given for an administrative act or omission.
4. Other action should be taken by the Department, local department, children's residential facility, or child-placing agency.
B. At least 30 calendar days before publishing a report that is adverse to the Department, the local department, a children's residential facility, a child-placing agency, or the individual that is or was the subject of an investigation by the Ombudsman, the Ombudsman shall inform the Department, the local department, the children's residential facility, the child-placing agency, or the individual. When publishing a report adverse to the Department, local department, children's residential facility, child-placing agency, or individual, the Ombudsman shall include in the publication any statement of reasonable length made to the Ombudsman by the Department, local department, children's residential facility, child-placing agency, or individual in defense or mitigation of the action. The Ombudsman may request to be notified by the Department, local department, children's residential facility, child-placing agency, or individual, within a specified time, of any action taken on any recommendation presented.
C. The Ombudsman shall notify the complainant of the actions taken by the Ombudsman and by the Department, local department, children's residential facility, or child-placing agency.
D. The Ombudsman may provide to the complainant the following information:
1. A copy of the Ombudsman's report regarding the investigation's findings, recommendations to the Department or local department made according to the investigation, the Department or local department's response to the Ombudsman's findings and recommendations, and any epilogue to the Ombudsman's report and the Department or local department's response; or
2. Information that has otherwise been made public.
E. The Ombudsman shall not release information to the individual making the complaint if doing so could endanger the health or welfare of a child or another individual.
F. With respect to a child fatality case investigated under subsection B of §2.2-443 and upon review of records or other information received under subdivision A 3 or 4 of §2.2-443 in the course of a child fatality investigation, if there is no ongoing child protection proceeding involving a sibling of the child who died, the Ombudsman shall provide any necessary recommendations for improving systemic issues that are discovered during the investigation of the child fatality. The recommendations may be provided to the court of jurisdiction, the state court administrative office, the county child fatality review team, medical professionals, or attorneys or other legal professionals involved with the particular child who died. The recommendations shall also be summarized and included in the annual report referenced in subsection G.
G. The Ombudsman shall submit to the Governor, the director of the Department, and the General Assembly an annual report on the Ombudsman's activities, including any recommendations regarding the need for legislation or for a change in rules or policies.
