SB1154: Juveniles; post-dispositional detention in secure local facility.
SENATE BILL NO. 1154
Be it enacted by the General Assembly of Virginia:
1. That 2.2-5211 and 16.1-284.1 of the Code of Virginia are amended and reenacted as follows:
2.2-5211. State pool of funds for community policy and management teams.
A. There is established a state pool of funds to be allocated to community policy and management teams in accordance with the appropriation act and appropriate state regulations. These funds, as made available by the General Assembly, shall be expended for public or private nonresidential or residential services for troubled youths and families.
The purposes of this system of funding are to:
1. Place authority for making program and funding decisions at the community level;
2. Consolidate categorical agency funding and institute community responsibility for the provision of services;
3. Provide greater flexibility in the use of funds to purchase services based on the strengths and needs of youths and families; and
4. Reduce disparity in accessing services and to reduce inadvertent fiscal incentives for serving children according to differing required local match rates for funding streams.
B. The state pool shall consist of funds that serve the target populations identified in subdivisions 1 through 5 of this subsection in the purchase of residential and nonresidential services for children. References to funding sources and current placement authority for the targeted populations of children are for the purpose of accounting for the funds in the pool. It is not intended that children be categorized by individual funding streams in order to access services. The target population shall be the following:
1. Children placed for purposes of special education in approved private school educational programs, previously funded by the Department of Education through private tuition assistance;
2. Children with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private, special education day schools, if the individualized education program indicates such school is the appropriate placement while living in foster homes or child-caring facilities, previously funded by the Department of Education through the Interagency Assistance Fund for Noneducational Placements of Handicapped Children;
3. Children for whom foster care services, as defined by 63.2-905, are being provided to prevent foster care placements, and children placed through parental agreements, entrusted to local social service agencies by their parents or guardians or committed to the agencies by any court of competent jurisdiction for purposes of placement in suitable family homes, child-caring institutions, residential facilities or independent living arrangements, as authorized by 63.2-900;
4. Children placed by a juvenile and domestic relations
district court, in accordance with the provisions of 16.1-286, in a private
or locally operated public facility or nonresidential program, or in a
community or facility-based treatment program in accordance with the provisions
of subsections subsection B or C D of
16.1-284.1; and
5. Children committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with 66-14.
C. The General Assembly and the governing body of each county and city shall annually appropriate such sums of money as shall be sufficient to (i) provide special education services and foster care services for children identified in subdivisions B 1, B 2 and B 3 and (ii) meet relevant federal mandates for the provision of these services. The community policy and management team shall anticipate to the best of its ability the number of children for whom such services will be required and reserve funds from its state pool allocation to meet these needs. Nothing in this section prohibits local governments from requiring parental or legal financial contributions, where not specifically prohibited by federal or state law or regulation, utilizing a standard sliding fee scale based upon ability to pay, as provided in the appropriation act.
D. When a community services board established pursuant to 37.2-501, local school division, local social service agency, court service unit, or the Department of Juvenile Justice has referred a child and family to a family assessment and planning team and that team has recommended the proper level of treatment and services needed by that child and family and has determined the child's eligibility for funding for services through the state pool of funds, then the community services board, the local school division, local social services agency, court service unit or Department of Juvenile Justice has met its fiscal responsibility for that child for the services funded through the pool. However, the community services board, the local school division, local social services agency, court service unit or Department of Juvenile Justice shall continue to be responsible for providing services identified in individual family service plans that are within the agency's scope of responsibility and that are funded separately from the state pool.
Further, in any instance that an individual 18 through 21 years of age, inclusive, who is eligible for funding from the state pool and is properly defined as a school-aged child with disabilities pursuant to 22.1-213 is placed by a local social services agency that has custody across jurisdictional lines in a group home in the Commonwealth and the individual's individualized education program (IEP), as prepared by the placing jurisdiction, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law, Article 2 ( 22.1-213) of Chapter 13 of Title 22.1, and Board of Education regulations, the responsibility of the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services. The financial and legal responsibility for such special education services shall remain with the placing jurisdiction, unless the placing jurisdiction has transitioned all appropriate services with the individual.
E. In any matter properly before a court for which state pool funds are to be accessed, the court shall, prior to final disposition, and pursuant to 2.2-5209 and 2.2-5212, refer the matter to the community policy and management team for assessment by a local family assessment and planning team authorized by policies of the community policy and management team for assessment to determine the recommended level of treatment and services needed by the child and family. The family assessment and planning team making the assessment shall make a report of the case or forward a copy of the individual family services plan to the court within 30 days of the court's written referral to the community policy and management team. The court shall consider the recommendations of the family assessment and planning team and the community policy and management team. If, prior to a final disposition by the court, the court is requested to consider a level of service not identified or recommended in the report submitted by the family assessment and planning team, the court shall request the community policy and management team to submit a second report characterizing comparable levels of service to the requested level of service. Notwithstanding the provisions of this subsection, the court may make any disposition as is authorized or required by law. Services ordered pursuant to a disposition rendered by the court pursuant to this section shall qualify for funding as appropriated under this section.
16.1-284.1. Placement in secure local facility.
A. If a juvenile 14 years of age or older is found to have
committed an offense which that if committed by an adult
would be punishable by confinement in a state or local
correctional facility as defined in 53.1-1, and the court determines
(i) that the juvenile has not previously been and is not currently adjudicated
delinquent of a violent juvenile felony or found guilty of a violent juvenile
felony, (ii) that the juvenile has not been released from the custody of the Department
within the previous 18 months, (iii) that the interests of the juvenile and the
community require that the juvenile be placed under legal restraint or
discipline, and (iv) that other placements authorized by this title will not
serve the best interests of the juvenile, then the court may order the juvenile
confined in a detention home or other secure facility for juveniles for a
period not to exceed six months from the date the
order is entered, for a single offense or multiple offenses
that would be considered a misdemeanor if committed by an adult and not to
exceed 12 months for a single offense or multiple offenses that would be
considered a felony if committed by an adult.
The period of confinement ordered may exceed 30 calendar days if the juvenile has had an assessment completed by the secure facility to which he is ordered concerning the appropriateness of the placement.
B. If the period of confinement in a detention home or other
secure facility for juveniles is to exceed 30
calendar days, and the juvenile is eligible
for commitment pursuant to subdivision A 14 of
16.1-278.8, then the court shall order the juvenile
committed to the Department, if he is eligible
pursuant to subdivision A 14 of 16.1-278.8, but
suspend such commitment. In suspending the commitment to the Department as
provided for in this subsection, the court shall specify conditions for the
juvenile's satisfactory completion of one or more community or facility based
treatment programs as may be appropriate for the juvenile's rehabilitation. If the juvenile is not eligible for commitment
pursuant to subdivision A 14 of 16.1-278.8
and the period of confinement is to exceed 30 calendar days, he may be confined
in a detention home or other secure facility for juveniles
pursuant to this section.
C. Each juvenile placed pursuant to this section for a period that exceeds 90 calendar days shall have an individualized plan for the provision of educational, treatment, and rehabilitative services, as applicable.
D. During any period of confinement which exceeds 30 calendar days ordered pursuant to this section, the court shall conduct a mandatory review hearing at least once during each 30 days and at such other times upon the request of the juvenile's probation officer, for good cause shown. If it appears at such hearing that the purpose of the order of confinement has been achieved, the juvenile shall be released on probation for such period and under such conditions as the court may specify and remain subject to the order suspending commitment to the State Department of Juvenile Justice. If the juvenile's commitment to the Department has been suspended as provided in subsection B of this section, and if the court determines at the first or any subsequent review hearing that the juvenile is consistently failing to comply with the conditions specified by the court or the policies and program requirements of the facility, then the court shall order that the juvenile be committed to the State Department of Juvenile Justice. If the court determines at the first or any subsequent review hearing that the juvenile is not actively involved in any community facility based treatment program through no fault of his own, then the court shall order that the juvenile be released under such conditions as the court may specify subject to the suspended commitment.
C1. E. The
appearance of the juvenile before the court for a hearing pursuant to
subsection C D
may be by (i) personal appearance before the judge or (ii) use of two-way electronic
video and audio communication. If two-way electronic video and audio
communication is used, a judge may exercise all powers conferred by law and all
communications and proceedings shall be conducted in the same manner as if the
appearance were in person, and any documents filed may be transmitted by
facsimile process. A facsimile may be served or executed by the officer or
person to whom sent, and returned in the same manner, and with the same force,
effect, authority, and liability as an original document. All signatures
thereon shall be treated as original signatures. Any two-way electronic video
and audio communication system used for an appearance shall meet the standards
as set forth in subsection B of 19.2-3.1.
D. F. A
juvenile may only be ordered confined pursuant to this section to a facility in
compliance with standards established by the State Board for such placements.
Standards for these facilities shall require juveniles placed pursuant to this
section for a period which exceeds 30 calendar days
be provided separate services for their rehabilitation, consistent with the
intent of this section.
E. G. The
Department of Juvenile Justice shall assist the localities or combinations
thereof in implementing this section consistent with the statewide plan
required by 16.1-309.4 and pursuant to standards promulgated by the State
Board, in order to ensure the availability and reasonable access of each court
to the facilities the use of which is authorized by this section.