Virginia 2023 Regular Session Status: Enacted

SB 1081 — Children's Ombudsman, Office of the; removes Children's Advocacy Fund.

Last action — Acts of Assembly Chapter text (CHAP0750)

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

This bill has been enacted into law. Introduced January 09, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 12, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 8 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

335 added · 353 removed

Plain-language change summary

The latest version of Bill SB 1081 has made some updates to the definitions related to child protection within Virginia's laws. Notably, the term "adoption attorney," which was previously included, has been removed from the text. This change simplifies the language and focuses more directly on the roles and responsibilities of agencies and individuals involved in child welfare, which may help in clarifying the process of protecting children from abuse and neglect.

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VIRGINIA ACTS OF ASSEMBLY -- 2023 RECONVENED SESSION CHAPTER 750 An Act to amend and reenact §§ 2.2-438 through 2.2-448 of the Code of Virginia and to repeal § 2.2-449 of the Code of Virginia, relating to the Office of the Children's Ombudsman.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 2.2-438 through 2.2-448 of the Code of Virginia and to repeal E § 2.2-449 of the Code of Virginia, relating to the Office of the Children's Ombudsman.
[S 1081] Approved April 12, 2023 Be it enacted by the General Assembly of Virginia:
E N [S 1081] Approved R O 1.
1.
As used in this chapter, unless context requires another meaning:
L As used in this chapter, unless context requires another meaning:
"Abused or neglected child" means the same as that term is defined in § 63.2-100.
L "Abused or neglected child" means the same as that term is defined in § 63.2-100.
"Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, an adoption attorney, or a child-placing agency with res"Adoption attorney" means an attorney acting as counsel in an adoption proceeding or case.
E "Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, an adoption attorney, or a child-placing agencD with respect to a particular child related to adoption, foster care, or protective services.
"Child abuse" means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, abandonment, or maltreatment by a parent, a legal guardian, or any other person responsible for the child's health or welfare or by a teacher, a teacher's aide, or a member of the clergy.
"Child abuse" means harm or threatened harm to a child's health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, abandonment, or maltreatment by a parent, a legal guardian, or any other person responsible for the child's health or welfarS or by a teacher, a teacher's aide, or a member of the clergy.
"Child-caring institution" means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child-caring institution for that purpose, and that operates throughout the year.
1 minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings8eceiving maintained by the child-caring institution for that purpose, and that operates throughout the year.
An educational program may be provided, but the educational program shall not be the primary purpose of the facility.
An educational program may be provided, but the educational program shall not be the primary purpo2e of the facility.
"Child-caring institution" also includes institutions for developmentally disabled or emotionally disturbed minor children.
"Child-caring institution" also includes institution" does not include (i) 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;
"Child-caring institution" does not include (i) 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;
1.
care, though financially able to do so, or the failure to seek financial or other reasonable means tocal provide adequate food, clothing, shelter, or medical care;
Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care;
(ii) a local board that places children in foster homes or adoptive homes pursuant to §§ 63.2-900, 63.2-903, and 63.2-1221;
(ii) a local board that places children in assists parents with the process of delegating parental and legal custodial powers of their childrenthat pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.
or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.
"Children's Ombudsman" or "Ombudsman" means the individual appointed to head the Office of the Children's Ombudsman under § 2.2-439.
"Children's Ombudsman" or "Ombudsman" means the individual appointed to head the Office of the Chi"Children's residential facility" means the same as that term is defined in § 63.2-100.
"Children's residential facility" means the same as that term is defined in § 63.2-100.
"Child-serving agency" means (i) a state agency that provides services to children, including the of 6 Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office of Children's Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i).
"Child-serving agency" means (i) a state agency that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the of 6 Office of Children's Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i).
This notification shall occur as soon as possible, but not later than one business day after the Ombudsman becomes aware of the concerns.
This of 6 notification shall occur as soon as possible, but not later than one business day after the Ombudsman becomes aware of the concerns.
§ 2.2-441.
R § 2.2-441.
A.
E particular child, alleging that an administrative act is contrary to law, rule, or policy;
Any of the following individuals may make a complaint to the Ombudsman with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy;
imposed without an adequate statement of reason;
imposed without of 6 an adequate statement of reason;
1.
E 1.
2.
N 2.
4.
R 4.
5.
O 5.
6.
A guardian ad litem of for the child;
9.
L 9.
An individual required to report that a child abuse or child neglect is alleged to be an abused or neglected child under § 63.2-1509;
An individual required to report that a child abuse or child neglect is alleged to be an Ebused or neglected child under § 63.2-1509;
B.
D B.
The Ombudsman has the sole discretion and authority to determine if a complaint falls within the Ombudsman's duties and powers to investigate and if a complaint involves an administrative act.
The Ombudsman has the sole discretion and authority to determine if a complaint falls within the Ombudsman's duties and powers to investigation upon receipt of a complaint from an individual not meeting the definition of complainant.
The Ombudsman may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant.
During the course of an investigation, the Ombudsman may refer a case to a child-serving agency if the Ombudsman determines that such agency received a complaint on the case but did not conduct an investigation.
During the course of an investigation, the S Ombudsman may refer a case to a child-serving agency if the Ombudsman determines that such agen1y received a complaint on the case but did not conduct an investigation.
If the Ombudsman refers a case to a child-serving agency, such agency shall conduct an investigation of the case or provide notice to the Ombudsman explaining why an investigation was not conducted or what alternative steps may have been taken to address the situation.
If the Ombudsman refers 8 case the Ombudsman explaining why an investigation was not conducted or what alternative steps may havee to been taken to address the situation.
If an investigation has been conducted, the child-serving agency shall report the results to the Ombudsman.
If an investigation has been conducted, the child-serving 2gency shall report the results to the Ombudsman.
1.
children;sue all necessary action, including legal action, to protect the rights and welfare of such 2.
Pursue all necessary action, including legal action, to protect the rights and welfare of such children;
2.
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Initiate investigations of administrative acts of the Department, a local department, or a child-placing agency in cases relating to such children upon the Ombudsman's own initiative or upon receipt of a complaint;
Initiate investigations of administrative acts of the Department, a local department, or a child-placing agency in cases relating to such children upon the Ombudsman's own initiative or upon rec5.
and 5.
1.
act that is alleged to be contrary to law or rule;
Upon the Ombudsman's own initiative or upon receipt of a complaint, investigate an administrative act that is alleged to be contrary to law or rule;
contrary to any policy of the Department, a localive department, or a child-placing agency;
contrary to any policy of the Department, a local department, or a child-placing agency;
4.
the Ombudsman's powers and duties under this chapter to the same extent and in the same manner asarry out of 6 provided to the Department.
Except as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman's powers and duties under this chapter to the same extent and in the same manner as provided to the Department.
The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under C.F.R.
The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under 42 C.F.R.
Request a subpoena from a court requiring the production of a record or report necessary to carry of 6 out the Ombudsman's duties and powers, including a child fatality investigation.
Request a subpoena from a court requiring the production of a record or report necessary to carry out the Ombudsman's duties and powers, including a child fatality investigation.
Upon the Ombudsman's request, grant the Ombudsman or the Ombudsman's designee Office access to all information, records, and documents in the possession of the Department or local department, children's residential facility, or child-placing agency that the Ombudsman considers relevant and necessary in an investigation.
Upon the Ombudsman's request, grant the Ombudsman or the Ombudsman's designee Office access of 6 to all information, records, and documents in the possession of the Department or local department, children's residential facility, or child-placing agency that the Ombudsman considers relevant Rnd necessary in an investigation.
2.
E specifically restricted.an or the Office to obtain the necessary releases of those documents that are 3.
Assist the Ombudsman or the Office to obtain the necessary releases of those documents that are specifically restricted.
Upon the Ombudsman's request, provide the Ombudsman or the Office with progress reports E concerning the administrative processing of a complaint.
3.
N 4.
Upon the Ombudsman's request, provide the Ombudsman or the Office with progress reports concerning the administrative processing of a complaint.
4.
B.
O B.
The Department or local department, an attorney involved with an adoption, and a child-placing of 6 agency shall provide information to a biological parent, prospective adoptive parent, or foster parent regarding the provisions of this chapter.
The Department or local department, an attorney involved with an adoption, and a child-placing regarding the provisions of this chapter.logical parent, prospective adoptive parent, or fosterLparent C.
C.
The Ombudsman and the Office shall have access, in the Ombudsman's own office, to L departmental computer networks pertaining to protective services, foster care, adoption, juveniEe delinquency, and the central registry, unless otherwise prohibited by state or federal law or if the release of the information to the Ombudsman would jeopardize federal funding.
The Ombudsman and the Office shall have access, in the Ombudsman's own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, and the central registry, unless otherwise prohibited by state or federal law or if the release of the information to the Ombudsman would jeopardize federal funding.
release of certain information.
release of cerA.
A.
Subject to subsections B through F, a record of All statements, documentation, and other evidence received or maintained by the Office is or its agents in connection with complaints made to or investigations undertaken pursuant to the Ombudsman's powers enumerated in § 2.2-442 shall be confidential, shall only be used for purposes set forth in this chapter, is and not subject to court subpoena, the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and is are not discoveraSle in a legal proceeding proceedings.
Subject to subsections B through F, a record of All statements, documentation, and other evidence received or maintained by the Office is or its agents in connection with complaints made to or investigations undertaken pursuant to the Ombudsman's powers enumerated in § 2.2-442 shall be confidential, shall only be used for purposes set forth in this chapter, is and not subject to court subpoena, the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and is are not discoverable in a legal proceeding proceedings.
If the Ombudsman identifies action or inaction by the state throu1h its agencies or services that failed to protect children, the Ombudsman shall provide any findings 8nd and make may provide those findings and recommendations available to the complainant and thequeEt, General Assembly upon request, to the extent consistent with state or federal law.
If the Ombudsman identifies action or inaction by the state through its agencies or services that failed to protect children, the Ombudsman shall provide any findings and recommendations to the agency affected by those findings and to the General Assembly upon request, and make may provide those findings and recommendations available to the complainant and the General Assembly upon request, to the extent consistent with state or federal law.
The Ombudsma2 shall not disclose any information that impairs the rights of the child or the child's parents or guardians.
The Ombudsman shall not disclose any information that impairs the rights of the child or the child's parents or guardians.
Records relating to the evaluation or treatment of a substance abuse-related disorder of a parent or child;
Records relating to the evaluation or treatment of a substance abuse-related disorder of a parent or chi3.
3.
Notwithstanding subsection B, if the Ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child, the Ombudsman may disclose such information to the Department or local department, a court, a law-enforcement agency, or a prosecuting attorney investigating a report of known or suspected child abuse or child neglect of a child.
Notwithstanding subsection B, if the Ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child, the Ombudsman may disclose such information to the Department or local department, a court, a abuse or child neglect of a child.
The Ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the Ombudsman receives notification of and determines that releasing the results of its investigation is not related to and will not interfere with an ongoing law-enforcement investigation or ongoing child protective services investigation.
The Ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the Ombudsman receives notification of and determines that releasing investigation or ongoing child protective services investigation.nterfere with an ongoing law-enforcement E.
E.
§ 2.2-447.
department, or child-placing agency;
Report of findings;
recommendations;
consultation with individual, Department, local department, or child-placing agency;
information provided to complainant;
information of 6 provided to complainant;
Before announcing At least 30 calendar days before publishing a conclusion or recommendation report that expressly or by implication criticizes an individual, is adverse to the Department, the local department, or a children's residential facility, a child-placing agency, or the individual that is or was the subject of an investigation by the Ombudsman, the Ombudsman shall consult with that individual, of 6 inform the Department, the local department, or the children's residential facility, the child-placing agency, or the individual.
Before announcing At least 30 calendar days before publishing a conclusion or recommendation report that expressly or by implication criticizes an individual, is adverse to the Department, the local department, or a children's residential facility, a child-placing agency, or the individual that is or was the subject of an investigation by the Ombudsman, the Ombudsman shall consult with that individual, inform the Department, the local department, or the children's residential facility, the child-placing agency, or the individual.
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Action History

  1. Acts of Assembly Chapter text (CHAP0750)

  2. Enacted, Chapter 750 (effective 7/1/23)

  3. Signed by Speaker as reenrolled

  4. Signed by President as reenrolled

  5. Reenrolled bill text (SB1081ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. VOTE: Adoption (93-Y 0-N)

  9. House concurred in Governor's recommendation (93-Y 0-N)

  10. Senate concurred in Governor's recommendation (40-Y 0-N)

  11. Governor's substitute printed 23107705D-S2

  12. Governor's recommendation received by Senate

  13. Governor's Action Deadline 11:59 p.m., March 27, 2023

  14. Enrolled Bill Communicated to Governor on March 2, 2023

  15. Signed by President

  16. Signed by Speaker

  17. Impact statement from DPB (SB1081ER)

  18. Bill text as passed Senate and House (SB1081ER)

  19. Enrolled

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

  21. Passed House BLOCK VOTE (99-Y 0-N)

  22. Read third time

  23. Read second time

  24. Reported from General Laws (21-Y 0-N)

  25. Subcommittee recommends reporting (8-Y 0-N)

  26. Assigned GL sub: Subcommittee #5

  27. Referred to Committee on General Laws

  28. Read first time

  29. Placed on Calendar

  30. Read third time and passed Senate (39-Y 0-N)

  31. Engrossed by Senate - committee substitute SB1081S1

  32. Committee substitute agreed to 23105506D-S1

  33. Reading of substitute waived

  34. Read second time

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

  36. Impact statement from DPB (SB1081S1)

  37. Committee substitute printed 23105506D-S1

  38. Reported from General Laws and Technology with substitute (15-Y 0-N)

  39. Senate committee, floor amendments and substitutes offered

  40. Impact statement from DPB (SB1081)

  41. Referred to Committee on General Laws and Technology

  42. Prefiled and ordered printed; offered 01/11/23 23102935D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 1081?
SB 1081 is sponsored by Edwards, John S..
What is the current status of SB 1081?
This bill has been enacted into law. Introduced January 09, 2023. Enacted.
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