15100962D
SENATE BILL NO. 1054
Senate Amendments in [ ] -- February 5, 2015
A BILL to amend and reenact §2.2-2648 of the Code of
Virginia, relating to State Executive Council for Comprehensive Services for
At-Risk Youth and Families; regulations.
----------
Patron Prior to Engrossment--Senator Hanger
----------
Referred to Committee on Rehabilitation and Social Services
----------
Be it enacted by the General Assembly of Virginia:
1. That §2.2-2648 of the Code of Virginia is amended and
reenacted as follows:
§2.2-2648. State Executive Council for Comprehensive Services
for At-Risk Youth and Families; membership; meetings; powers and duties.
A. The State Executive Council for Comprehensive Services for
At-Risk Youth and Families (the Council) is established as a supervisory
council, within the meaning of §2.2-2100, in the executive branch of state
government.
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 Comprehensive Services Act for At-Risk Youth and
Families (§2.2-5200 et seq.), to be appointed by the Governor, who may
appoint from nominees recommended by the Virginia Coalition of Private Provider
Associations; and two parent representatives. The parent representatives shall
be appointed by the Governor for a term not to exceed three years and neither
shall be an employee of any public or private program that serves children and
families. The Governor's appointments shall be for a term not to exceed three
years and shall be limited to no more than two consecutive terms, beginning
with appointments after July 1, 2009. Legislative members and ex officio
members of the Council shall serve terms coincident with their terms of office.
Appointments to fill vacancies, other than by expiration of a term, shall be
for the unexpired terms. Vacancies shall be filled in the same manner as the
original appointments. Legislative members shall not be included for the
purposes of constituting a quorum.
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 be
responsible for the administration of the Comprehensive Services for At-Risk
Youth and Families program and shall promulgate such regulations pursuant to
the provisions of the Administrative Process Act (§2.2-4000 et seq.) and adopt
such policies as may be necessary to carry out its powers and duties,
which shall include provisions for:
1. Hire and supervise Hiring and supervising a director
of the Office of Comprehensive Services for At-Risk Youth and Families;
2. Appoint the Appointing members of the state
and local advisory team in accordance with the requirements of §2.2-5201;
3. Provide for the establishment of Establishing
interagency programmatic and fiscal policies developed by the Office of
Comprehensive Services for At-Risk Youth and Families, which that
support the purposes of the Comprehensive Services Act for At-Risk Youth and
Families (§2.2-5200 et seq.), through the promulgation of regulations
by the participating state boards or by administrative action, as appropriate;
4. Provide Providing for a public
participation process for in development of programmatic and
fiscal guidelines policies and dispute resolution procedures
developed for administrative actions that support the purposes of the
Comprehensive Services Act for At-Risk Youth and Families (§2.2-5200 et
seq.). The public participation process shall include, at a minimum, 60 days of
public comment and the distribution of these guidelines and procedures
such policies to all interested parties;
5. Oversee Overseeing the administration of and
consult consulting 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 Administering
necessary functions that support the work of the Office of Comprehensive
Services for At-Risk Youth and Families;
7. Review Reviewing and take taking
appropriate action on issues brought before it by the Office of Comprehensive
Services for At-Risk Youth and Families, Community Policy and Management Teams
(CPMTs), local governments, providers, and parents;
8. Advise Advising the Governor and appropriate
Cabinet Secretaries on proposed policy and operational changes that facilitate
interagency service development and implementation, communication, and
cooperation;
9. Provide Providing administrative support and
fiscal incentives for the establishment and operation of local comprehensive
service systems;
10. Oversee coordination of Coordinating 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 Developing and
implementation of implementing a mandatory uniform assessment
instrument and process to be used by all localities to identify levels of risk
of Comprehensive Services Act (CSA) youth;
12. Oversee the development Developing and
implementation of implementing uniform guidelines to include
policies for 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 Developing and
implementation of implementing uniform guidelines policies
for documentation for CSA-funded services;
14. Review Reviewing and approve a request by
approving requests of 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 Developing and
implementation of implementing mandatory uniform guidelines
policies for utilization management; each locality receiving funds for
activities under the Comprehensive Services Act for At-Risk Youth and
Families shall have a locally determined utilization management plan
following the guidelines or use of a process approved by the Council for
utilization management, covering all CSA-funded services;
16. Oversee the development Developing and
implementation of implementing uniform data collection standards and
overseeing 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 Comprehensive
Services Act program. All client-specific information shall remain confidential
and only non-identifying aggregate demographic, service, and expenditure
information shall be made available to the public;
17. Oversee the development Developing and
implementation of a implementing uniform set of performance
measures for evaluating the Comprehensive Services Act program, including, but
not limited to, the number of youths served in their homes, schools, and
communities. Performance measures shall be based on information: (i) collected
in the client-specific database referenced in subdivision 16, (ii) from the
mandatory uniform assessment instrument referenced in subdivision 11, and (iii)
from available and appropriate client outcome data that is not prohibited from
being shared under federal law and is routinely collected by the state
child-serving agencies that serve on the Council. If provided client-specific
information, state child serving agencies shall report available and
appropriate outcome data in clause (iii) to the Office of Comprehensive
Services for At-Risk Youth and Families. Outcome data submitted to the Office
of Comprehensive Services for At-Risk Youth and Families shall be used solely
for the administration of the Comprehensive Services Act program. Applicable
client outcome data shall include, but not be limited to: (a) permanency
outcomes by the Virginia Department of Social Services, (b) recidivism
outcomes by the Virginia Department of Juvenile Justice, and (c)
educational outcomes by the Virginia Department of Education. All
client-specific information shall remain confidential and only non-identifying
aggregate outcome information shall be made available to the public;
18. Oversee the development Developing and
distribution of distributing 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 Comprehensive Services Act program.
Management reports shall include total expenditures on children served through
the Comprehensive Services Act program as reported to the Office of
Comprehensive Services for At-Risk Youth and Families by state child-serving
agencies on the Council and shall include, but not be limited to: (i)
client-specific payments for inpatient and outpatient mental health services,
treatment foster care services and residential services made through the
Medicaid program and reported by the Virginia Department of Medical
Assistance Services and (ii) client-specific payments made through the Title
IV-E foster care program reported by the Virginia Department of Social
Services. The Office of Comprehensive Services shall provide client-specific
information to the state agencies for the sole purpose of the administration of
the Comprehensive Services Act program. All client-specific information shall
remain confidential and only non-identifying aggregate demographic, service,
expenditure, and outcome information shall be made available to the public;
19. Establish Establishing and oversee
overseeing the operation of an informal review and negotiation process with
the Director of the Office of Comprehensive Services and a formal dispute
resolution procedure before the State Executive Council, which include formal
notice and an appeals process, should the Director or Council find, upon a
formal written finding, that a CPMT failed to comply with any provision of
this the Comprehensive Services Act for At-Risk Youth and
Families (§2.2-5200 et eq.). "Formal notice" means the Director
or Council provides a letter of notification, which communicates the Director's
or the Council's finding, explains the effect of the finding, and describes the
appeal process, to the chief administrative officer of the local government
with a copy to the chair of the CPMT. The dispute resolution procedure shall
also include provisions for remediation by the CPMT that shall include a plan
of correction recommended by the Council and submitted to the CPMT. If the
Council denies reimbursement from the state pool of funds, the Council and the
locality shall develop a plan of repayment;
20. Deny Denying state funding to a locality, in
accordance with subdivision 19, where the CPMT fails to provide services that
comply with the Comprehensive Services Act for At-Risk Youth and Families (§
2.2-5200 et seq.), any other state law or policy, or any federal law pertaining
to the provision of any service funded in accordance with §2.2-5211;
21. Biennially publish publishing and
disseminate disseminating 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 Developing and
implementation of implementing mandatory uniform guidelines
policies for intensive care coordination services for children who are at
risk of entering, or are placed in, residential care through the Comprehensive
Services Act program. The guidelines policies shall: (i) take
into account differences among localities, (ii) specify children and
circumstances appropriate for intensive care coordination services, (iii)
define intensive care coordination services, and (iv) distinguish intensive
care coordination services from the regular case management services provided
within the normal scope of responsibility for the child-serving agencies,
including the community services board, the local school division, local social
services agency, court service unit, and Department of Juvenile Justice. Such
guidelines policies shall address: (a) identifying the strengths and
needs of the child and his family through conducting or reviewing comprehensive
assessments including, but not limited to, information gathered through the
mandatory uniform assessment instrument; (b) identifying specific services and
supports necessary to meet the identified needs of the child and his family,
building upon the identified strengths; (c) implementing a plan for returning
the youth to his home, relative's home, family-like setting, or community at
the earliest appropriate time that addresses his needs, including
identification of public or private community-based services to support the
youth and his family during transition to community-based care; and (d)
implementing a plan for regular monitoring and utilization review of the
services and residential placement for the child to determine whether the
services and placement continue to provide the most appropriate and effective
services for the child and his family.
[ 2. That the provisions of this act shall not become
effective unless an appropriation effectuating the purposes of this act is included
in a general appropriation act passed in 2015 by the General Assembly that
becomes law. ]
| 
