Bill Text: VA SB5 | 2012 | Regular Session | Prefiled
Bill Title: Claims; Kenneth and Leslie VanAuken.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Senate: Stricken at request of Patron in Finance (15-Y 0-N) [SB5 Detail]
Download: Virginia-2012-SB5-Prefiled.html
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12100140D Whereas, on or about October 23, 2008, a family member of the VanAukens' household (the wrongly accused family member) was accused of abusing another member of the household; and Whereas, the accusation was made by a person outside of the household; and Whereas, on or about October 23, 2008, based upon the accusation, the Chesterfield-Colonial Heights Department of Social Services (Chesterfield-Colonial Heights DSS) began an investigation pursuant to § 63.2-1505 of the Code of Virginia to determine whether the alleged abuse occurred; and Whereas, in accordance with a safety plan devised by the Chesterfield-Colonial Heights DSS on or about October 23, 2008, the wrongly accused family member was required to move out of the VanAukens' home to be separated from the member of the household who was allegedly being abused; and Whereas, the wrongly accused family member did move out of the home; and Whereas, at the time of the accusation, the wrongly accused family member was unable to work because he was ill and he was preparing for back surgery; and Whereas, in March 2009 the wrongly accused family member was diagnosed with depression due to the extreme emotional duress he suffered because of the accusation; and Whereas, the wrongly accused family member did not have the financial means to support himself; and Whereas, the wrongly accused family member still suffers from post-traumatic stress disorder as a result of the accusation and investigation; and Whereas, it was left to the VanAukens to provide financial, emotional, and other support to the wrongly accused family member; and Whereas, during the investigation the VanAukens incurred rent and utility expenses to provide housing for the wrongly accused family member as well as additional expenses for food and other miscellaneous costs; and Whereas, such expenses were directly related to carrying out the Chesterfield-Colonial Heights DSS safety plan; and Whereas, the VanAukens incurred legal expenses relating to the accusation and investigation; and Whereas, §63.2-1505 of the Code of Virginia requires the investigation to be completed within 45 days; and Whereas, pursuant to subdivision B 5 of §63.2-1505 of the Code of Virginia such 45-day period to complete the investigation may be extended an additional 15 days (for a maximum of 60 days) upon written justification by the local social services agency; and Whereas, neither the VanAukens nor the wrongly accused family member received written notice of a need or justification to extend the investigation beyond such 45-day period; and Whereas, the accusation against the wrongly accused family member was determined to be unfounded by the Chesterfield-Colonial Heights DSS on April 2, 2009, which was approximately 162 days after the investigation began or approximately 102 days more than the maximum number of days allowed under §63.2-1505 of the Code of Virginia to complete the investigation; and Whereas, Mrs. VanAuken and the wrongly accused family member were forced to delay medical treatment due to the expenses incurred relating to the unfounded accusation; and Whereas, Mrs. VanAuken was forced to use annual leave time to defend the wrongly accused family member against the accusation; to meet with therapists for treatment of severe emotional distress suffered by her and the wrongly accused family member as a result of the accusation and investigation; and to obtain housing for the wrongly accused family member; and Whereas, Mrs. VanAuken and the wrongly accused family member have suffered extreme emotional distress necessitating treatment by professional therapists; and Whereas, the expenses delineated herein have been exacerbated and only increased because the investigation was not completed within the time frame allowed by subdivision B 5 of §63.2-1505 of the Code of Virginia; and Whereas, some of the expenses described herein, including but not limited to approximately 102 days of rent and utility expenses paid by the VanAukens on behalf of the wrongly accused family member, could have been altogether avoided had the investigation been completed within the time frame allowed by subdivision B 5 of §63.2-1505 of the Code of Virginia; and Whereas, in 2010 the VanAukens and the wrongly accused family member filed a claim for damages with the Chesterfield-Colonial Heights DSS relating to the expenses incurred by the VanAukens; and Whereas, the claim was for reimbursement of expenses relating to the investigation in the amount of $6,476; and Whereas, on February 24, 2010, the Chesterfield-Colonial Heights DSS denied the claim for reimbursement of expenses incurred by the VanAukens relating to the investigation because "the law does not require or provide for the Department to reimburse for expenses incurred during abuse investigations even when an unfounded determination results"; and Whereas, on March 26, 2010, the Chesterfield-Colonial Heights DSS referred the VanAukens' claim for reimbursement to the Department of Risk Management of Chesterfield County; and Whereas, on May 17, 2010, the Department of Risk Management of Chesterfield County provided written notice to Mrs. VanAuken that the claim was being denied; and Whereas, internal documents of Chesterfield County employees disclose that the investigation was not completed within the time frame allowed by subdivision B 5 of §63.2-1505 of the Code of Virginia and that the County determined that there was no legal remedy for the failure to complete the investigation within the statutory period allowed; and Whereas, the VanAukens and the wrongly accused family member have no other means to obtain adequate relief except by action of this body and have suffered unimaginable emotional distress, trauma, and humiliation and were forced to pay certain expenses that could have been altogether avoided or mitigated had the investigation been completed within the statutory time frame provided for the same; now, therefore, Be it enacted by the General Assembly of Virginia: 1. §1. That there is hereby appropriated from the balance of the general fund a compensation award in the amount of $6,476 for the relief of Mr. and Mrs. Kenneth and Leslie VanAuken upon the execution of a release by the VanAukens and the wrongly accused family member from any present or future claims they may have in connection with the aforesaid occurrence against the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof. The award shall be paid by check issued by the State Treasurer on warrant of the Comptroller within the 60 days immediately following the execution of such release. |
