Virginia 2022 Regular Session Status: In Committee

HB 1207 — DARS; training, powers, and duties of guardian.

Last action — Left in Appropriations

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

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Department for Aging and Rehabilitative Services;training; powers and duties of guardian; annual reports by guardians;information required. Directs the Department for Aging and RehabilitativeServices to develop and provide training for court-appointed guardians.The bill requires an appointed guardian and any staff employed bysuch guardian to perform guardianship duties to complete the initialtraining developed by the Department within four months of the dateof the initial court order of appointment and to include certainadditional information in the annual report that the guardian is requiredunder current law to submit to the local department of social services.

Bill Text

What changed in the latest version

190 added · 190 removed

Plain-language change summary

The changes to Bill HB 1207 involve clarifying the roles and responsibilities of the Department for Aging and Rehabilitative Services regarding public guardianship. The revised version emphasizes the need for minimum training and experience requirements for both volunteer and professional staff who serve as guardians. This matters because it ensures that individuals appointed to care for those unable to make decisions for themselves are adequately trained, which can improve the quality of care and protection for vulnerable adults.

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SESSION INTRODUCED 22104547D I HOUSE BILL NO.
SESSION HOUSE SUBSTITUTE 22104894D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Health, Welfare and Institutions on February 8, 2022) (Patron Prior to Substitute––Delegate Roem) A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services;
1207 Offered January 18, 2022 N A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relaTing annual reports by guardians;
information required.s;
powers and duties of guardianR –––––––––– Patron––Roem O –––––––––– D Referred to Committee on Health, Welfare and Institutions –––––––––– U Be it enacted by the General Assembly of Virginia:
powers and duties of guardian;
C 1.
annual reports by guardians;
That §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia are amended and reenacted as § 51.5-150.
information required.
Powers and duties of the Department with respect to public guardian and E conservator program.
D A.
The Department shall fund from appropriations received for such purpose a statewide system of local or regional public guardian and conservator programs.
B.
The Department shall:
That §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia are amended and reenacted as follows:
§ 51.5-150.
Powers and duties of the Department with respect to public guardian and conservator program and court-appointed guardians for incapacitated adults.
A.
The Department shall fund from appropriations received for such purpose a statewide system of local or regional public guardian and conservator programs.
O 1.
conservators operating as local or regional Virginia public guardian and conservator programs in those cases in which a court, pursuant to §§ 64.2-2010 and 64.2-2015, determines that a person is eligible to have a public guardian or conservator appointed;
2.
2 3.
Contract with local or regional public or private entities to provide services as guardiaSs and conservators operating as local or regional Virginia public guardian and conservator programs in those cases in which a court, pursuant to §§ 64.2-2010 and 64.2-2015, determines that a person is eliEible to hav3.
Adopt reasonable regulations in accordance with the Administrative Process Act (§ 2.2-4007 et seq.) as appropriate to implement, administer, and manage the state and local or regional programs authorized by this article, including, but not limited to, the adoption of:
Adopt reasonable regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) as appropriate to implement, administer, and manage the state and local or regional programs authorized by this article, including, but not limited to, the adoption of:
a.
S a.
followed whenever a local or regional program falls below or exceeds the ideal range of staff to client ratios, which shall include, but not be limited to, procedures to ensure that services shall continue to be available to those in need and that appropriate notice is given to the courts, sheriffs, where appropriate, and the Department;
U b.
35 c.
An ideal range of staff to client ratios for the programs, and adoption of procedures to Be ratios, which shall include, but not be limited to, procedures to ensure that services shall continue to be available to those in need and that appropriate notice is given to the courts, sheriffs, where appropriate, and the Department;
Procedures governing disqualification of any program falling below or exceeding the ideal range of 36 staff to client ratios, which shall include a process for evaluating any program that has exceeded the 37 ratio to assess the effects falling below or exceeding the ideal range of ratios has, had, or is having upon 38 the program and upon the incapacitated persons served by the program.
T c.
shall continue until the staff to client ratio returns to within the ideal range;
Procedures governing disqualification of any program falling below or exceeding the idealIrange of :
and six months and d.
35 staff to client ratios, which shall include a process for evaluating any program that has exceeded the 36 ratio to assess the effects falling below or exceeding the ideal range of ratios has, had, or iT having upon / 38 theThe regulations shall require that evaluations occur no less frequently than every six months and / 39 shall continue until the staff to client ratio returns to within the ideal range;
and 40 d.
(1) Focus on the preferences and needs of the individual receiving public guardianship services;
T (1) Focus on the preferences and needs of the individual receiving public guardianship serviEes;
Establish procedures and administrative guidelines to ensure the separation of local or regional Virginia public guardian and conservator programs from any other guardian or conservator program operated by the entity with whom the Department contracts, specifically addressing the need for sep5.
Establish procedures and administrative guidelines to ensure the separation of local or regional operated by the entity with whom the Department contracts, specifically addressing the need form separation in programs that may be fee-generating;
Establish recordkeeping and accounting procedures to ensure that each local or regional program (i) maintains confidential, accurate, and up-to-date records of the personal and property matters over which it has control for each incapacitated person for whom it is appointed guardian or conservator and (ii) files with the Department an account of all public and private funds received;
5.
6.
Establish recordkeeping and accounting procedures to ensure that each local or regional program (i) maintains confidential, accurate, and up-to-date records of the personal and property matteHs over which it has control for each incapacitated person for whom it is appointed guardian or conserv1tor and (ii) files with the Department an account of all public and private funds received;
Establish criteria for the conduct of and filing with the Department and as otherwise required by law:
0 law:
Establish criteria to be used by the local and regional programs in setting priorities with regard to ser8.
Establish criteria to be used by the local and regional programs in setting priorities with regard to services to be provided;
Take such other actions as are necessary to ensure coordinated services and a reasonable review of HB1207 2 of 4 all local and regional programs;
8.
Take such other actions as are necessary to ensure coordinated services and a reasonable review of all local and regional programs;
Maintain statistical data on the operation of the programs and report such data to the General Assembly on or before January 1 of each even-numbered year as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents regarding the status of the Virginia Public Guardian and Conservator Program and the identified operational needs of the program.
Maintain statistical data on the operation of the programs and report such data to the General HB1207H1 2 of 4 Assembly on or before January 1 of each even-numbered year as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents regarding the status of the Virginia Public Guardian and Conservator Program and the identified operational needs of the program.
Recommend appropriate legislative or executive actions;
Recommend appropriate legislative or executive actions.
and 11.
Develop and provide training for guardians appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2, which shall include training on the responsibilities and duties of guardians, how to complete annual guardianship reports, how to involve and encourage participation of incapacitated adults in decisions made by such guardians, medical advocacy, and decision making on behalf of other persons.
E.
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The Department shall develop and provide training for guardians pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2, which shall include training on the responsibilities and duties of guardians, how to complete annual guardianship reports, how to involve and encourage participation of incapacitated adults in decisions made by such guardians, medical advocacy, and decision-making on behalf of other persons.
A guardian and any staff employed by such guardian to perform guardianship duties on behalf of the guardian shall complete the training developed by the Department for Aging and Rehabilitative Services pursuant to subdivision B 11 of § 51.5-150 within four months of the date of entry of the initial order of appointment pursuant to § 64.2-2009.
A guardian and any staff employed or contracted by such guardian to perform guardianship duties on behalf of the guardian shall complete the training developed by the Department for Aging and Rehabilitative Services pursuant to subsection E of § 51.5-150 within four months of the date of entry of the initial order of appointment pursuant to § 64.2-2009, unless such training was completed within the past 12 months in conjunction with another guardianship appointment made pursuant to § 64.2-2009.
of 4 F.
No guardian shall be required to complete such training more frequently than once every 36 months.
A guardian shall have authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the crImains, or some combination thereof, if the guardian is not aware of any person that has been otherwiseN make arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort to locate the next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish toRmake the arrangements or the next of kin cannot be located.
of 4 including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements as set forth in § 54.1-2825.
A guardian shall have authority to make arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort to locate the next of kin of the incapacitated person to the arrangements or the next of kin cannot be located.
The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, or guardian shall be Dmmune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for decisions, or omissions resulted from bad faith or malicious intent.section are met, unless sucU acts, § 64.2-2020.
The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, or guardian shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for burial, cremation, or other disposition when the provisions of this section are met, unless such acts, dec§ 64.2-2020.
Annual reports by guardians.
Annual reports by guardians.ith or malicious intent.
C A.
A.
A guardian shall file an annual report in compliance with the filing deadlines in § 64.2-E305 with the local department of social services for the jurisdiction where the incapacitated person then resides.
A guardian shall file an annual report in compliance with the filing deadlines in § 64.2-1305 with the local department of social services for the jurisdiction where the incapacitated person then resides.
To the extent practicable, the annual report shall be formatted in a manner to encourage standardized and detailed responses from guardians.
To the extent practicable, the annual report shall department shall retain the fee in the jurisdiction where the fee is collected for use in the pUovision of services to adults in need of protection.
The local services to adults in need of protection.
Within 60 days of receipt of the annual report, the local department shall file a copy of the annual report with the clerk of the circuit court that appoSnted the guardian, to be placed with the court papers pertaining to the guardianship case.
Within 60 days of receipt of the annual report, the localsion of department shall file a copy of the annual report with the clerk of the circuit court that appointed the guardian, to be placed with the court papers pertaining to the guardianship case.
Twice each year the local department shall file with the clerk of the circuit court a list of all guardians who areEmore than 90 conservator, a settlement of accounts shall also be filed with the commissioner of accounts as provided in § 64.2-1305.
Twice each year the local department shall file with the clerk of the circuit court a list of all guardians who are more than 90 days delinquent in filing an annual report as required by this section.
B.
If the guardian is alsoHa conservator, a settlement of accounts shall also be filed with the commissioner of accounts as 1rovided in § 64.2-1305.
The annual report to the local department of social services shall include:
0 1.
S 1.
A description of the current mental, physical, and social condition of the incapacitated person, including any change in diagnosis or assessment of any such condition of such incapacitated person by any medical provider since the last report;
A description of the current mental, physical, and social condition of the incapacitated person, including any change in diagnosis or assessment of any such condition of such incapacitated perUon by any2.
2.
3.
S 3.
The medical, educational, vocational, social, recreational, and any other professional services and activities provided to the incapacitated person and the guardian's opinion as to the adequacy of the names of the medical providers that have treated the incapacitated person and a description of theecific frequency or number of times the incapacitated person was seen by such providers;
The medical, educational, vocational, social, recreational, and any other professional services and activities provided to the incapacitated person and the guardian's opinion as to the adequacy of the incapacitated person's care.
The information required by this subdivision shall include (i) theIspecific frequency or number of times the incapacitated person was seen by such providers;
4.
T 4.
A statement of the frequency and nature of the guardian's visits with and activities on behalf of the incapacitated person, including the specific activities performed on behalf of the incapacitated person shall not be required if the incapacitated person lives with the guardian;
A statement of the frequency and nature of the guardian's visits with and activities on behalf of the5.
nature of the guardian's visits 5.
5.
7.
6.
A recommendation as to the need for continued guardianship, and any recommended changes in the scope of the guardianship, and any other information useful in the opinion of the guardian;
A recommendation as to the need for continued guardianship, and any recommended changes in the7.
and incapacitated person has been restricted, the reasons for such restriction, and a statement of whether the incapacitated person has been informed of the restriction;
The names of any persons whose access to communicate, visit, or interact with the incapacitated person has been restricted, the reasons for such restriction, and a statement of whether the incapacitated person has been informed of the restriction;
9.
B 8.
A self-assessment by the guardian as to whether he feels able to continue to carry out the powers and duties imposed upon him by § 64.2-2019 and as specified in the court's order of appointment pursuant to § 64.2-2009;
A self-assessment by the guardian as to whether he feels able to continue to carry out th2 powers and duties imposed upon him by § 64.2-2019 and as specified in the court's order of appointment7 pur9.
10.
90 days and a statement of the specific dates of each such visit.
10.
In any case where such a visit wasch HB1207 4 of 4 made virtually or by a designee, the guardian shall state as such, including the name of the designee performing the visit;
Unless the incapacitated person resides with the guardian, a statement of the frequency and nature of any (i) in-person visits from the guardian with the incapacitated person over the course of the previous year and (ii) visits over the course of the previous year from a designee who is directly supervised or contracted by the guardian, including the name of the designee performing such visit.
12.
If HB1207H1 4 of 4 any visit described in this section is made virtually, the guardian shall include such information in the annual report.
Unless the incapacitated person resides with the guardian, a statement on the frequency and nature of the guardian's other visits with the incapacitated person;
11.
13.
14.
12.
15.
13.
and 16.
and 14.
2.
That the Department for Aging and Rehabilitative Services shall develop and implement the training specified by § 51.5-150 of the Code of Virginia, as amended by this act, by July 1, 2023.
3.
That guardians appointed pursuant to § 64.2-2009 of the Code of Virginia prior to July 1, 2023, shall complete the training required by § 64.2-2019 of the Code of Virginia, as amended by this act, by January 1, 2025.
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Action History

  1. Left in Appropriations

  2. Subcommittee recommends laying on the table (5-Y 3-N)

  3. Assigned App. sub: Health & Human Resources

  4. Referred to Committee on Appropriations

  5. Committee substitute printed 22104894D-H1

  6. Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)

  7. House committee, floor amendments and substitutes offered

  8. House subcommittee amendments and substitutes offered

  9. Subcommittee recommends referring to Committee on Appropriations

  10. Subcommittee recommends reporting with substitute (9-Y 0-N)

  11. Assigned HWI sub: Subcommittee #2

  12. Impact statement from DPB (HB1207)

  13. Referred to Committee on Health, Welfare and Institutions

  14. Presented and ordered printed 22104547D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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

Reported from Health, Welfare and Institutions with substitute (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 with substitute (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 labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1207 do?
Department for Aging and Rehabilitative Services;training; powers and duties of guardian; annual reports by guardians;information required. Directs the Department for Aging and RehabilitativeServices to develop and provide training for court-appointed guardians.The bill requires an appointed guardian and any staff employed bysuch guardian to perform guardianship duties to complete the initialtraining developed by the Department within four months of the dateof the initial court order of appointment and to include certainadditional information in the annual report that the guardian is requiredunder current law to submit to the local department of social services.
Who sponsors HB 1207?
HB 1207 is sponsored by Danica A. Roem.
What is the current status of HB 1207?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1207?
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