Virginia 2022 Regular Session Status: Enacted

HB 1334 — Child abuse and neglect; amends definition, valid complaint.

Last action — Approved by Governor-Chapter 366 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 80% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Child abuse and neglect; valid complaint. Amendsthe definition of "abused or neglected child" to include a childwho is sexually exploited or abused by an intimate partner of thechild's parent or caretaker and allows a complaint of child abuseor neglect to be deemed valid by a local department of social services(local department) in such instances. The bill allows a complaintof child abuse or neglect that alleges child trafficking to be deemedvalid regardless of who the alleged abuser is or whether the alleged abuser has been identified. The bill requires a local departmentthat receives a complaint or report of child abuse or neglect overwhich it does not have jurisdiction to forward such complaint orreport to the appropriate local department, if the local departmentthat does have jurisdiction is located in the Commonwealth.

Bill Text

What changed in the latest version

570 added · 545 removed

Plain-language change summary

The amendment to the bill clarifies the definition of "abused or neglected child" by removing the phrase "allows to be created or inflicted upon such child" in regard to physical or mental injury, while retaining the focus on actions by the caregiver that create or inflict harm or risk. Additionally, it simplifies the wording regarding the circumstances under which a child may be considered neglected. These changes aim to provide clearer criteria for identifying abuse and neglect in cases involving caregivers.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 16.1-228, 63.2-100, and 63.2-1508 of the Code of Virginia, relating to child abuse and neglect;
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 366 An Act to amend and reenact §§ 16.1-228, 63.2-100, and 63.2-1508 of the Code of Virginia, relating to child abuse and neglect;
R O [H 1334] Approved L L Be it enacted by the General Assembly of Virginia:
[H 1334] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 16.1-228, 63.2-100, and 63.2-1508 of the Code of Virginia are amended and reenacted Es follows:
That §§ 16.1-228, 63.2-100, and 63.2-1508 of the Code of Virginia are amended and reenacted as follows:
D As used in this chapter, unless the context requires a different meaning:
§ 16.1-228.
Definitions.
As used in this chapter, unless the context requires a different meaning:
Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlleH substance, or (ii) during the unlawful sale of such substance by that child's parents or other 1erson constitute a felony violation of § 18.2-248;ture, or attempted manufacture or unlawful sale wou3d 2.
Whose parents or other person responsible for his care creates or inflicts, threatens to create or accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;
2.
Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on theild;
Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child;
subject of his medical treatment;
(ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment;
Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in 5.
Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;
5.
or the federal Trafficking Victims Protection Act of 2000, 22 U.S.C.
or 7.
§ 7102 et seq., and in the federaled in Justice for Victims of Trafficking Act of 2015, 42 U.S.C.
Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000, 22 U.S.C.
§ 7102 et seq., and in the federal Justice for Victims of Trafficking Act of 2015, 42 U.S.C.
member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
of 10 "Adult" means a person 18 years of age or older.
"Adult" means a person 18 years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act that would be a felony if committed by an adult.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of 9 of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act that would be a felony if committed by an adult.
Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of of 10 Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
E "Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothersR sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that L individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, of 9 half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
E "Fictive kin" means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.
"Fictive kin" means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.
D "Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social servHces or child welfare agency, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Ki3ship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C4 § 673 or the State-Funded Kinship Guardianship Assistance program set forth in § 63.2-1306.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C.
R "Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
§ 673 or the State-Funded Kinship Guardianship Assistance program set forth in § 63.2-1306.
"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
(ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social committed to the Department of Juvenile Justice immediately prior to placement in an independent who was living arrangement.
(ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services;
or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the tra"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"Permanent foster care placement" means the place of residence in which a child resides and in and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless of 10 removed pursuant to § 16.1-251 or 63.2-1517.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or 63.2-1517.
"Qualified residential treatment program" means a program that (i) provides 24-hour residential placement services for children in foster care;
"Qualified residential treatment program" means a program that (i) provides 24-hour residential of 9 placement services for children in foster care;
However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious of 10 denomination shall for that reason alone be considered to be an abused or neglected child.
However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child.
Further, a decision by parents who have legal authority for the child or, in the absence of parents with lEgal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority aRd the child;
Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child;
(ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the considered alternative treatment options;
(ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment;
(iii) the parents or other person with legal authority and the child have considered alternative treatment options;
L 4.
of 9 4.
Whose parents or other person responsible for his care, or an intimate partner of such paEent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;
Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;
D 5.
5.
Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco par6.
Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco parentis;
Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense agaiHst a minor for which registration is required as a Tier III offender pursuant to § 9.1-902;
6.
or B 7.
Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902;
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Who has been identified as a victim of sex trafficking or severe forms of trafficking as 3efined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice for4Victims of Trafficking Act of 2015, 42 U.S.C.
or 7.
Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C.
R If a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely medical services agency that employs emergency medical services providers, within 14 days of thergency child's birth.
If a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services providers, within 14 days of the child's birth.
and that provides supplementary care and protection during only a part of the day to four or more aged,ure infirm or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage.
"Adult day care center" means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage.
"Adult exploitation" means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another's profit, adult of his rightful use of or access to such funds, property, benefits, resources, or other assets.
"Adult exploitation" means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets.
Adult foster care may be provided by a single provider for up to three Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9.duals through the "Adult neglect" means that an adult as defined in § 63.2-1603 is living under such circumstances that of 10 he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being.
Adult foster care may be provided by a single provider for up to three adults.
"Adult foster care" does not include services or support provided to individuals through the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9.
"Adult neglect" means that an adult as defined in § 63.2-1603 is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being.
"Assisted living facility" means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed;
"Assisted living facility" means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for of 9 in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed;
of 10 Children's residential facility shall not include:
Children's residential facility shall not include:
A licensed or accredited educational institution whose pupils, in the ordinary course of Events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;
A licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;
N 2.
2.
and R 3.
and 3.
representative.r" means the Commissioner of the Department, his designee or authorized O "Department" means the State Department of Social Services.
"Commissioner" means the Commissioner of the Department, his designee or authorized representative.
L "Department of Health and Human Services" means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.
"Department" means the State Department of Social Services.
E "Disposable income" means that part of the income due and payable of any individual remaining after the deduction of any amount required by law to be withheld.
"Department of Health and Human Services" means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.
D "Energy assistance" means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of Public Law 97-35), as amended.
"Disposable income" means that part of the income due and payable of any individual remaining after the deduction of any amount required by law to be withheld.
"Family and permanency team" means the group of individuals assembled by the local departmenH to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have se3ved as a resource to the child or his family, such as teachers, medical or mental health providers, and 4lergy members.
"Energy assistance" means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or of 9 repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of Public Law 97-35), as amended.
In the case of a child who is 14 years of age or older, the family and permanency teamRshall also include any members of the child's case planning team that were selected by the child in accordance with subsection A of § 16.1-281.
"Family and permanency team" means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members.
U.S.C.
In the case of a child who is 14 years of age or older, the family and permanency team shall also include any members of the child's case planning team that were selected by the child in accordance with subsection A of § 16.1-281.
"Federal-Funded Kinship Guardianship Assistance program" means a program consistent with 42 U.S.C.
"Foster care placement" does not include placement of a child in accordance with a power of attorney pursuant to Cha"Foster home" means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child's legal guardian pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.
"Foster care placement" does not include placement of a child in accordance with a power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.
"Foster home" means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child's legal guardian pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.
birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person;
"Independent foster home" means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person;
the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was of 10 committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
"Intercountry placement" means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under which it operates.
"Intercountry placement" means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under of 9 which it operates.
(ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including of 10 any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition;
(ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition;
(iii) employs registered or licensed nursing and other clinical staff who provide cEre, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week;
(iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week;
anR maintains contact information for any known biological family and fictive kin of the child;
and maintains contact information for any known biological family and fictive kin of the child;
(v) whenever treatment program before and after discharge and documents the manner in which such participation ise child's facilitated;
(v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child's treatment program before and after discharge and documents the manner in which such participation is facilitated;
and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a quaEified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services;
and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services;
(b) D identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C.
(b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C.
§ 672(k)(2), including a qualified child in the least restrictive environment and be consistent with the short-term and long-term goalsor the established for the child in his foster care or permanency plan;
§ 672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan;
and (d) is documented in a written report to be filed with the court prior to any hearing on the child's placement pursuant to § 16.1-281, 1H.1-282, 16.1-282.1, or 16.1-282.2.
and (d) is documented in a written report to be filed with the court prior to any hearing on the child's placement pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.
B "Residential living care" means a level of service provided by an assisted living facility f3r adults who may have physical or mental impairments and require only minimal assistance with the activi4ies of daily living.
"Residential living care" means a level of service provided by an assisted living facility for adults of 9 who may have physical or mental impairments and require only minimal assistance with the activities of daily living.
The definition of "residential living care" includes the services provided by indRpendent living facilities that voluntarily become licensed.
The definition of "residential living care" includes the services provided by independent living facilities that voluntarily become licensed.
violence services, or any other services program implemented in accordance with regulations adopted bystic the Board.
"Social services" means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board.
"State-Funded Kinship Guardianship Assistance program" means a program that provides payments to assistance agreement developed in accordance with § 63.2-1306.hild subject to a kinship guardianship "Supervised independent living setting" means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, contracted supervision.
"State-Funded Kinship Guardianship Assistance program" means a program that provides payments to eligible individuals who have received custody of a relative child subject to a kinship guardianship assistance agreement developed in accordance with § 63.2-1306.
"Supervised independent living setting" means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, contracted supervision.
Temporary Assistance for Needy Families program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § 63.2-609.
"Temporary Assistance for Needy Families-Unemployed Parent" or "TANF-UP" means the Temporary Assistance for Needy Families program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § 63.2-609.
A valid report or complaint means the local department has evaluated the information and allegations of the report or complaint and determined that the local department shall conduct an investigation or, family assessment, or human trafficking assessment because the following elements are pre1.
A valid report or complaint means the local department has evaluated the information and allegations of the report or complaint and determined that the local department shall conduct an investigation or, family assessment, or human trafficking assessment because the following elements are present:
1.
of 10 2.
2.
A valid report or complaint regarding a child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L.
A valid report or complaint regarding a child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of (22 U.S.C § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L.
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View plain text versions (3)
  • CHAP0366 View text Current pdf April 11, 2022
  • HB1334ER View text pdf March 03, 2022
  • Presented and ordered printed 22104535D View text pdf January 21, 2022

Action History

  1. Approved by Governor-Chapter 366 (effective 7/1/22)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2022

  3. Enrolled Bill communicated to Governor on March 11, 2022

  4. Signed by President

  5. Impact statement from DPB (HB1334ER)

  6. Signed by Speaker

  7. Enrolled

  8. Passed Senate (40-Y 0-N)

  9. Read third time

  10. Constitutional reading dispensed (40-Y 0-N)

  11. Reported from Rehabilitation and Social Services (15-Y 0-N)

  12. Referred to Committee on Rehabilitation and Social Services

  13. Constitutional reading dispensed

  14. VOTE: Block Vote Passage (99-Y 0-N)

  15. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  16. Read second time and engrossed

  17. Read first time

  18. Reported from Health, Welfare and Institutions (22-Y 0-N)

  19. Subcommittee recommends reporting (9-Y 0-N)

  20. Impact statement from DPB (HB1334)

  21. Assigned HWI sub: Subcommittee #2

  22. Referred to Committee on Health, Welfare and Institutions

  23. Presented and ordered printed 22104535D

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 140 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Rehabilitation and Social Services (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Cosgrove, John A., Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
Mamie E. Locke — Yea
Mason, T. Montgomery "Monty" — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

VOTE: Block Vote Passage (99-Y 0-N)

Passed 98 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 98001
Total 98001
% of votes cast 99%0%0%1%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Not Voting
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Yea
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Health, Welfare and Institutions (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
March, Marie E. — Yea
Adams, Dawn M. — Yea
Bell, Robert B. — Yea
C.E. Cliff Hayes, Jr. — Yea
Christopher T. Head — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Mike A. Cherry — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Phillip A. Scott — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sickles, Mark D. — Yea
Wendell S. Walker — Yea

Official roll call →

Subcommittee recommends reporting (9-Y 0-N)

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
March, Marie E. — Yea
Bell, Robert B. — Yea
Hudson, Sally L. — Yea
Karrie K. Delaney — Yea
M. Keith Hodges — Yea
Orrock, Robert D., Sr. — Yea
Phillip A. Scott — Yea
Rodney T. Willett — Yea
Sickles, Mark D. — Yea
Wendell S. Walker — Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 1334 do?
Child abuse and neglect; valid complaint. Amendsthe definition of "abused or neglected child" to include a childwho is sexually exploited or abused by an intimate partner of thechild's parent or caretaker and allows a complaint of child abuseor neglect to be deemed valid by a local department of social services(local department) in such instances. The bill allows a complaintof child abuse or neglect that alleges child trafficking to be deemedvalid regardless of who the alleged abuser is or whether the alleged abuser has been identified. The bill requires a local departmentthat receives a complaint or report of child abuse or neglect overwhich it does not have jurisdiction to forward such complaint orreport to the appropriate local department, if the local departmentthat does have jurisdiction is located in the Commonwealth.
Who sponsors HB 1334?
HB 1334 is sponsored by Nadarius E. Clark, David A. Reid, Irene Shin, Shelly A. Simonds, Michelle Lopes Maldonado, Kory, Kaye, Avoli, G. "John", and Murphy, Kathleen.
What is the current status of HB 1334?
This bill has been enacted into law. Introduced January 21, 2022. Enacted.
Where can I track HB 1334?
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