Virginia 2024 Regular Session Status: Passed Senate

SB 40 — Foster care; DSS to establish task force to assess use of benefits.

Last action — Tabled in Appropriations (21-Y 1-N)

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

This bill died with 2024 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 of Social Services; task force; application for and use of foster care benefits; report. Directs the Department of Social Services to establish a task force with relevant stakeholders to assess the feasibility of (i) requiring local departments of social services to apply for benefits administered by the U.S. Social Security Administration or the Department of Veterans Affairs on behalf of children in foster care, (ii) prohibiting the use of federal benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) requiring local departments of social services that are representative payees for children in foster care to conserve such federal benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits. The bill requires the Department of Social Services to report its findings to the Chairmen of the Senate Committees on Finance and Appropriations and Rehabilitation and Social Services and the Chairmen of the House Committees on Appropriations and Health and Human Services by November 1, 2024.

Bill Text

What changed in the latest version

31 added · 23 removed

Plain-language change summary

The revised version of Senate Bill 40 shifts the focus from directing the State Board of Social Services to amend its regulations to establishing a task force within the Department of Social Services. This task force will evaluate how local departments of social services can better apply for foster care benefits and manage federal aid more effectively. This change is significant because it allows for a collaborative approach with various stakeholders to assess the system and potentially improve support for children in foster care. The task force will also provide a report with recommendations, which could lead to more efficient use of available resources.

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SESSION INTRODUCED 24101609D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 24107476D SENATE BILL NO.
40 Offered January 10, 2024 N A BILL to direct the State Board of Social Services to amend its regulations regarding the application for and use of foster care benefits.
40 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Finance and Appropriations (Patron Prior to Substitute––Senator Favola) A BILL to direct the Department of Social Services to establish a task force to assess the application for and use of foster care benefits;
R –––––––––– Patrons––Favola and Carroll Foy O –––––––––– D Referred to Committee––––––––––litation and Social Services U Be it enacted by the General Assembly of Virginia:
report.
That the State Board of Social Services (the Board) shall amend its regulations by January 1, 2025, to (i) require local departments of social services to apply for federal benefits on behaEf of the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for,for and (iii) require local departments of social services that are representative payees for children in foster care to conserve such federal benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits, such as an Achieving a Better Life Experience account.
That the Department of Social Services shall establish a task force with relevant stakeholders to assess the feasibility of (i) requiring local departments of social services to apply for benefits children in foster care that they may be eligible for, (ii) prohibiting the use of federal benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) requiring local departments of social services that are representative payees for children in is exempt from federal asset and resource limits, such as an Achieving a Better Life Experience account.at The Department shall report its findings to the Chairmen of the Senate Committees on Finance and Appropriations and Rehabilitation and Social Services and the Chairmen of the House Committees on Appropriations and Health and Human Services by November 1, 2024.
exempt from the Administrative Process Act (§ 2.2-4000 et seq.
A T E S U B S T I T U T E S S 1
of the Code of Virginia), except that the Board shall provide an opportunity for public comment on such regulations prior to adoption.
B :
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Action History

  1. Tabled in Appropriations (21-Y 1-N)

  2. Referred to Committee on Appropriations

  3. Reported from Health and Human Services (21-Y 0-N)

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

  5. Assigned sub: Social Services

  6. Referred to Committee on Health and Human Services

  7. Read first time

  8. Placed on Calendar

  9. Impact statement from DPB (SB40S1)

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

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

  12. Engrossed by Senate - committee substitute SB40S1

  13. Committee substitute agreed to 24107476D-S1

  14. Reading of substitute waived

  15. Committee amendment rejected

  16. Read second time

  17. Constitutional reading dispensed (39-Y 0-N)

  18. Committee substitute printed 24107476D-S1

  19. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  20. Impact statement from DPB (SB40)

  21. Rereferred to Finance and Appropriations

  22. Reported from Rehabilitation and Social Services with amendment (15-Y 0-N)

  23. Senate committee, floor amendments and substitutes offered

  24. Referred to Committee on Rehabilitation and Social Services

  25. Prefiled and ordered printed; offered 01/10/24 24101609D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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

Tabled in Appropriations (21-Y 1-N)

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21100
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)
Member Party Vote
Alex Q. Askew — Yea
Anne Ferrell Tata — Nay
Betsy B. Carr — Yea
Bill Wiley — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Coyner, Carrie E. — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Ellen H. McLaughlin — Yea
James W. Morefield — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marshall, Daniel W., III — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea

Official roll call →

Reported from Health and Human Services (21-Y 0-N)

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Debra D. Gardner — Yea
Ennis, N. Baxter — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Irene Shin — Not Voting
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Kathy K.L. Tran — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Mike A. Cherry — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Phillip A. Scott — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Wendell S. Walker — Yea

Official roll call →

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
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — 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
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Not Voting
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations with substitute (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
Barbara A. Favola — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

Reported from Rehabilitation and Social Services with amendment (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
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Emily M. Jordan — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Timmy French — Yea

Official roll call →

Subjects

public-safety labor health-insurance
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Frequently asked questions

What does SB 40 do?
Department of Social Services; task force; application for and use of foster care benefits; report. Directs the Department of Social Services to establish a task force with relevant stakeholders to assess the feasibility of (i) requiring local departments of social services to apply for benefits administered by the U.S. Social Security Administration or the Department of Veterans Affairs on behalf of children in foster care, (ii) prohibiting the use of federal benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) requiring local departments of social services that are representative payees for children in foster care to conserve such federal benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits. The bill requires the Department of Social Services to report its findings to the Chairmen of the Senate Committees on Finance and Appropriations and Rehabilitation and Social Services and the Chairmen of the House Committees on Appropriations and Health and Human Services by November 1, 2024.
Who sponsors SB 40?
SB 40 is sponsored by Barbara A. Favola and Jennifer D. Carroll Foy.
What is the current status of SB 40?
This bill died with 2024 Regular Session. It reached “Passed Senate” 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 SB 40?
Track SB 40 free on One Click Politics — get push/email alerts when it moves.

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