HB 778

            
2020 SESSION

20100614D

HOUSE BILL NO. 778


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 63.2-1506 of the Code of 
 Virginia, relating to family assessments; timeline.
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Patrons-- Jones and Keam

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Referred to Committee on Health, Welfare and Institutions

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 63.2-1506 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 63.2-1506. Family assessments by local departments.
 
 
A. A family assessment requires the collection of information 
 necessary to determine:
 
 
1. The immediate safety needs of the child;
 
 
2. The protective and rehabilitative services needs of the 
 child and family that will deter abuse or neglect;
 
 
3. Risk of future harm to the child;
 
 
4. Whether the mother of a child who was exposed in utero to a 
 controlled substance sought substance abuse counseling or treatment prior to 
 the childs birth; and
 
 
5. Alternative plans for the childs safety if protective and 
 rehabilitative services are indicated and the family is unable or unwilling to 
 participate in services.
 
 
B. When a local department has been designated as a 
 child-protective services differential response system participant by the 
 Department pursuant to � 63.2-1504 and responds to the report or complaint by 
 conducting a family assessment, the local department shall:
 
 
1. Conduct an immediate family assessment and, if the report 
 or complaint was based upon one of the factors specified in subsection B of � 
 63.2-1509, the local department may file a petition pursuant to � 16.1-241.3;
 
 
2. Obtain and consider the results of a search of the child 
 abuse and neglect registry for any individual who is the subject of a family 
 assessment. The local board shall determine whether the individual has resided 
 in another state within at least the preceding five years, and, if he has 
 resided in another state, the local board shall request a search of the child 
 abuse and neglect registry or equivalent registry maintained by such state. The 
 local board also may obtain and consider, in accordance with regulations of the 
 Board, statewide criminal history record information from the Central Criminal 
 Records Exchange for any individual who is the subject of a family assessment;
 
 
3. Immediately contact the subject of the report and the 
 family of the child alleged to have been abused or neglected and give each a 
 written and an oral explanation of the family assessment procedure. The family 
 assessment shall be in writing and shall be completed in accordance with Board 
 regulation;
 
 
4. Complete the family assessment within 45 60 days and transmit a report 
 to such effect to the Department and to the person who is the subject of the 
 family assessment. However, upon written 
 justification by the local department, the family assessment may be extended, 
 not to exceed a total of 60 days;
 
 
5. Consult with the family to arrange for necessary protective 
 and rehabilitative services to be provided to the child and his family. 
 Families have the option of declining the services offered as a result of the 
 family assessment. If the family declines the services, the case shall be 
 closed unless the local department determines that sufficient cause exists to 
 redetermine the case as one that needs to be investigated. In no instance shall 
 a case be redetermined as an investigation solely because the family declines 
 services;
 
 
6. Petition the court for services deemed necessary;
 
 
7. Make no disposition of founded or unfounded for reports in 
 which a family assessment is completed. Reports in which a family assessment is 
 completed shall not be entered into the central registry contained in � 
 63.2-1515; and
 
 
8. Commence an immediate investigation, if at any time during 
 the completion of the family assessment, the local department determines that 
 an investigation is required.
 
 
C. When a local department has been designated as a 
 child-protective services differential response agency by the Department, the 
 local department may investigate any report of child abuse or neglect, but the 
 following valid reports of child abuse or neglect shall be investigated: (i) 
 sexual abuse, (ii) child fatality, (iii) abuse or neglect resulting in serious 
 injury as defined in � 18.2-371.1, (iv) cases involving a childs being left 
 alone in the same dwelling with a person to whom the child is not related by 
 blood or marriage and who has been convicted of an offense against a minor for 
 which registration is required as a violent sexual offender pursuant to � 
 9.1-902, (v) child has been taken into the custody of the local department, or 
 (vi) cases involving a caretaker at a state-licensed child day center, 
 religiously exempt child day center, licensed, registered or approved family 
 day home, private or public school, hospital or any institution. If a report or 
 complaint is based upon one of the factors specified in subsection B of � 
 63.2-1509, the local department shall (a) conduct a family assessment, unless 
 an investigation is required pursuant to this subsection or other provision of 
 law or is necessary to protect the safety of the child, and (b) develop a plan 
 of safe care in accordance with federal law, regardless of whether the local 
 department makes a finding of abuse or neglect.
 
 
D. Any individual who is the subject of a family assessment 
 conducted under this section shall notify the local department prior to 
 changing his place of residence and provide the local department with the 
 address of his new residence.