HB 4021 — Bring them Home Fund.

(7) Strategies and methods to promote and sustain cooperation and collaboration between the courts, state and local agencies, families and service providers, including the use of inter- agency memoranda of understanding, pooled funding arrangements and sharing of information and staff resources;

(8) The advisability of including no-refusal clauses in contracts with in-state providers for placement of children whose treatment needs match the level of licensure held by the provider;

(9) Identification of in-state service gaps and the feasibility of developing services to fill those gaps, including funding;

(10) Identification of fiscal, statutory and regulatory barriers to developing needed services in-state in a timely and responsive way;

(11) Ways to promote and protect the rights and participation of parents, foster parents and children involved in out-of-home care;

(12) Ways to certify out-of-state providers to ensure that children who must be placed out- of-state receive high quality services consistent with this state’s standards of licensure and rules of 3 CS for HB 4021 operation;

and (13) Any other ancillary issue relative to foster care placement.

(e) The commission shall report annually to the Legislative Oversight Commission on Health and Human Resources Accountability its conclusions and recommendations, including an implementation plan whereby:

(1) Out-of-state placements shall be reduced by at least ten percent per year and by at least fifty percent within three years;

(2) Child-serving agencies shall develop joint operating and funding proposals to serve the needs of children and families that cross their jurisdictional boundaries in a more seamless way;

(3) Steps shall be taken to obtain all necessary federal plan waivers or amendments in order for agencies to work collaboratively while maximizing the availability of federal funds;

(4) Agencies shall enter into memoranda of understanding to assume joint responsibilities;

(5) System of care components and cooperative relationships shall be incrementally established at the local, state and regional levels, with links to existing resources, such as family resource networks and regional summits, wherever possible;

and (6) Recommendations for changes in fiscal, statutory and regulatory provisions are included for legislative action.

(f) There is created a special account which shall be designated and known as the "Bring Them Home Fund", to be administered by the Secretary of the Department of Human Services.

Expenditures from the fund shall be for the purposes set forth in this section, and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq.

of this code and upon fulfillment of the provisions of §11B-2-1 et seq.

of this code.

4 CS for HB 4021 (3) All income earned on moneys, properties, and assets held in the fund, or from any investments;

and Intr HB 2026R2805H 2026R2804S (4) Any funds generated through a revolving funding structure.

(b)(5) AnyThe funds received by the Secretary of the Department of Human Services for the purpose of the Bring Them Home Fund shall be paidtreated intoby the BringAuditor Themand HomeTreasurer Fund,as anda shallspecial berevenue disbursedfund and otherwisenot managedas inpart of the mannergeneral setrevenues forthof inthe thisstate. article, unless such a transfer is not allowable by law.

(c) The Bring Them Home Fund shall be treated by the Auditor and Treasurer as a special revenue fund and not as part of the general revenues of the state.

§49-13-103.(6) The Secretary of the Department of Human Services is authorized to disburse funds from the Bring Them Home Fund, at his or her discretion, for any of the following purposes:

Disbursements(A) fromTo therenovate Bringexisting Themstate Homeproperties Fund.to expand high-acuity psychiatric, neurodevelopmental, and trauma services for children residing in West Virginia;

(a)(B) TheTo Secretarydevelop oftreatment theprograms, Departmentincluding ofin-patient Humanprograms Servicesand isaftercare authorizedprograms, tothat disbursematch fundsclinical fromprofiles the Bring Them Home Fund, at his or her discretion, for any of theyouth followinghistorically purposes:placed out-of-state;

(1)(C) To renovateexpand existingthe statechild propertieswelfare toprovider expandnetwork high-acuityin psychiatric,West neurodevelopmental,Virginia and traumabuild servicesa foundation for childrenhigh residingquality, inspecialty Westcare; Virginia;

(2)(D) To developcause treatmentto programs,be includingoperated in-patientby programsa andnonstate aftercaregovernment programs,entity thatan matchin-state clinicalin-patient profilesfacility ofthat youthis historicallyon placedproperty out-of-state;owned by the state;

(3)or (E) To expandrenovate theexisting childprivate welfarefacilities providerto networkprovide ina Westpsychiatric Virginiaresidential andtreatment buildlevel aof foundationcare for highchildren quality,currently specialtybeing care;treated out of state.

or(g) (4)The ToSecretary operate,of orthe causeDepartment toof beHuman operated,Services anis in-statenot in-patientlimited childcareto facilityusing thatstate isproperties ownedwhich byare already within the state.possession of the Department of Human Services.

(b)Instead, Thethe Secretary ofis theauthorized Departmentto ofcoordinate Humanwith Servicesother isstate notagencies limitedand tothe usingState stateBoard propertiesof whichEducation areto alreadydetermine withinwhat theexisting possessionstate ofproperties thecould Departmentbe ofused Humanfor Services.a facility.

Instead,Recognizing the Secretarysocial isand authorizedeconomic tovalue coordinateof withplacing children at in-state facilities, other state agencies andshould theact Statecollaboratively Boardwith the Department of EducationHuman Services to determineidentify what existing state properties couldcan beserve used5 CS for HB 4021 a childcarebetter facility.public need through repurposing in accordance with this article.

Recognizing(h) theThe socialSecretary andof economicthe valueDepartment of placingHuman childrenServices atmay in-stateenter facilities,into otheroperating stateor Intrmanagement HBagreements 2026R2805Hwith 2026R2804Sprivate agenciesentities shouldto acteffectuate collaboratively with the Departmentpurposes of Humanthis Servicessection, toand identifymay whatdisburse statefunds propertiesto cando serveso. a better public need through repurposing in accordance with this article.

(c) The Secretary of the Department of Human Services may enter into operating or management agreements with private entities to effectuate the purposes of this section, and may disburse funds to do so.

§49-13-104.(i) The Secretary shall report to the Legislative Oversight Commission on Health and Resources Accountability by December 1 of each year concerning the reinvestment of the savings from decreased numbers of out-of-state placements.

Legislative(j) Rulemaking.The provisions of this section expire on July 1, 2030.

The Secretary of the Department of Human Services is authorized to promulgate legislative rules, emergency legislative rules, and procedural rules pursuant to the requirements of §29A-3-1 et seq.

of this code.