Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                 ENROLLED
         Committee Substitute for House Bill 5151
   BY DELEGATES BURKHAMMER, PINSON, HECKERT,
    WINZENREID, HORNBY, RILEY, KIMBLE, PETITTO,
                      AND HALL
  [Passed March 9, 2024; in effect ninety days from passage.]
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  AN ACT to amend and reenact §49-1-206 of the Code of West Virginia, 1931, as amended,
         relating to adding former foster parents to the definition of fictive kin; and also relating to
         adding a definition for restorative justice program.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
                                             PART II. DEFINITIONS
     §49-1-206. Definitions related, but not limited to, child advocacy, care, residential, and treatment programs.
         When used in this chapter, the following terms have the following meanings, unless the
  context clearly indicates otherwise:
         "Child Advocacy Center (CAC)" means a community-based organization that is a member,
  in good standing, of the West Virginia Child Advocacy Network, Inc., as set forth in §49-3-101 of
  this code.
         "Child care" means responsibilities assumed and services performed in relation to a child’s
  physical, emotional, psychological, social, and personal needs and the consideration of the child’s
  rights and entitlements, but does not include secure detention or incarceration under the
  jurisdiction of the Division of Corrections and Rehabilitation pursuant to §49-2-901 et seq. of this
 code. It includes the provision of child care services or residential services.
        "Child care center" means a facility maintained by the state or any county or municipality
 thereof, or any agency or facility maintained by an individual, firm, corporation, association, or
 organization, public or private, for the care of 13 or more children for child care services in any
 setting, if the facility is open for more than 30 days per year per child.
        "Child care services" means direct care and protection of children during a portion of a
 24-hour day outside of the child’s own home which provides experiences to children that foster
 their healthy development and education.
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         "Child placing agency" means a child welfare agency organized for the purpose of placing
 children in private family homes for foster care or for adoption. The function of a child placing
 agency may include the investigation and certification of foster family homes and foster family
 group homes as provided in this chapter. The function of a child placing agency may also include
 the supervision of children who are 16 or 17 years of age and living in unlicensed residences.
         "Child welfare agency" means any agency or facility maintained by the state or any county
 or municipality thereof, or any agency or facility maintained by an individual, firm, corporation,
 association, or organization, public or private, to receive children for care and maintenance or for
 placement in residential care facilities, including, without limitation, private homes or any facility
 that provides care for unmarried mothers and their children. A child welfare agency does not
 include juvenile detention facilities or juvenile correctional facilities operated by or under contract
 with the Division of Corrections and Rehabilitation, pursuant to §49-2-901 et seq. of this code, nor
 any other facility operated by that division for the secure housing or holding of juveniles committed
 to its custody.
         "Community based" means a facility, program, or service located near the child’s home or
 family and involving community participation in planning, operation, and evaluation and which
 may include, but is not limited to, medical, educational, vocational, social, and psychological
 guidance, training, special education, counseling, substance abuse, and any other treatment or
 rehabilitation services.
         "Community-based juvenile probation sanctions" means any of a continuum of
 nonresidential accountability measures, programs, and sanctions in response to a technical
 violation of probation, as part of a system of community-based juvenile probation sanctions and
 incentives, that may include, but are not limited to:
         (A) Electronic monitoring;
         (B) Drug and alcohol screening, testing, or monitoring;
         (C) Youth reporting centers;
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           (D) Reporting and supervision requirements;
           (E) Community service; and
           (F) Rehabilitative interventions such as family counseling, substance abuse treatment,
 restorative justice programs, and behavioral or mental health treatment.
           "Community services" means nonresidential prevention or intervention services or
 programs that are intended to reduce delinquency and future court involvement.
           "Evidence-based practices" means policies, procedures, programs, and practices
 demonstrated by research to reliably produce reductions in the likelihood of reoffending.
           "Facility" means a place or residence, including personnel, structures, grounds, and
 equipment used for the care of a child or children on a residential or other basis for any number
 of hours a day in any shelter or structure maintained for that purpose. Facility does not include
 any juvenile detention facility or juvenile correctional facility operated by or under contract with
 the Division of Corrections and Rehabilitation for the secure housing or holding of juveniles
 committed to its custody.
           "Family child care facility" means any facility which is used to provide nonresidential child
 care services for compensation for seven to 12 children, including children who are living in the
 household, who are under six years of age. A facility may be in a provider’s residence or a
 separate building.
           "Family child care home" means a facility which is used to provide nonresidential child
 care services for compensation in a provider’s residence. The provider may care for four to six
 children at one time, including children who are living in the household, who are under six years
 of age.
           "Family resource network" means:
           (A) A local community organization charged with service coordination, needs and resource
 assessment, planning, community mobilization, and evaluation, and which has met the following
 criteria:
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        (i) Has agreed to a single governing entity;
        (ii) Has agreed to engage in activities to improve service systems for children and families
 within the community;
        (iii) Addresses a geographic area of a county or two or more contiguous counties;
        (iv) Has, as the majority of the members of the governing body, nonproviders, which
 includes family representatives and other members who are not employees of publicly funded
 agencies, with family representatives as the majority of those members who are nonproviders;
        (v) Has members of the governing body who are representatives of local service agencies,
 including, but not limited to, the public health department, the behavioral health center, the local
 health and human resources agency, and the county school district; and
        (vi) Adheres to principles consistent with the cabinet’s mission as part of its philosophy.
        (B) A family resource network may not provide direct services, which means to provide
 programs or services directly to children and families.
        "Family support", for the purposes of §49-2-601 et seq. of this code, means goods and
 services needed by families to care for their family members with developmental disabilities and
 to enjoy a quality of life comparable to other community members.
        "Family support program" means a coordinated system of family support services
 administered by the Department of Health and Human Resources through contracts with
 behavioral health agencies throughout the state.
        "Fictive kin" means an adult of at least 21 years of age, who is not a relative of the child,
 as defined herein, but who has an established, substantial relationship with the child, including
 but not limited to teachers, coaches, ministers, parents or family members of the child’s friends,
 or foster parents with whom the child has previously been placed.
        "Foster family home" means a private residence which is used for the care on a residential
 basis of no more than six children who are unrelated, by blood, marriage, or adoption, to any adult
 member of the household.
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         "Foster parent" means a person with whom the department has placed a child and who
  has been certified by the department, a child placing agency, or another agent of the department
  to provide foster care.
         "Health care and treatment" means:
        (A) Developmental screening;
        (B) Mental health screening;
        (C) Mental health treatment;
        (D) Ordinary and necessary medical and dental examination and treatment;
        (E) Preventive care including ordinary immunizations, tuberculin testing, and well-child
 care; and
        (F) Nonemergency diagnosis and treatment. However, nonemergency diagnosis and
 treatment does not include an abortion.
        "Home-based family preservation services" means services dispensed by the Department
 of Health and Human Resources or by another person, association, or group who has contracted
 with that division to dispense services when those services are intended to stabilize and maintain
 the natural or surrogate family in order to prevent the placement of children in substitute care.
 There are two types of home-based family preservation services and they are as follows:
        (A) Intensive, short-term intervention of four to six weeks; and
        (B) Home-based, longer-term after care following intensive intervention.
        "Informal family child care" means a home that is used to provide nonresidential child care
 services for compensation for three or fewer children, including children who are living in the
 household who are under six years of age. Care is given in the provider’s own home to at least
 one child who is not related to the caregiver.
        "Kinship parent" means a person with whom the department has placed a child to provide
 a kinship placement.
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        "Kinship placement" means the placement of the child with a relative of the child, as
 defined herein, or a placement of a child with a fictive kin, as defined herein.
        "Needs Assessment" means an evidence-informed assessment which identifies the needs
 a child or family has, which, if left unaddressed, will likely increase the chance of reoccurring.
        "Nonsecure facility" means any public or private residential facility not characterized by
 construction fixtures designed to physically restrict the movements and activities of individuals
 held in lawful custody in that facility and which provides its residents access to the surrounding
 community with supervision.
        "Nonviolent misdemeanor offense" means a misdemeanor offense that does not include
 any of the following:
        (A) An act resulting in bodily injury or death;
        (B) The use of firearm or other deadly weapon in the commission of the offense;
        (C) A domestic abuse offense involving a significant or likely risk of harm to a family
 member or household member;
        (D) A criminal sexual conduct offense; or
        (E) Any offense for driving under the influence of alcohol or drugs.
        "Out-of-home placement" means a post-adjudication placement in a foster family home,
 kinship parent home, group home, nonsecure facility, emergency shelter, hospital, psychiatric
 residential treatment facility, staff secure facility, hardware secure facility, detention facility, or
 other residential placement other than placement in the home of a parent, custodian, or guardian.
        "Out-of-school time" means a child care service which offers activities to children before
 and after school, on school holidays, when school is closed due to emergencies, and on school
 calendar days set aside for teacher activities.
        "Placement" means any temporary or permanent placement of a child who is in the
 custody of the state in any foster home, kinship parent home, group home, or other facility or
 residence.
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        "Pre-adjudicatory community supervision" means supervision provided to a youth prior to
 adjudication, for a period of supervision up to one year for an alleged status or delinquency
 offense.
        "Regional family support council" means the council established by the regional family
 support agency to carry out the responsibilities specified in §49-2-601 et seq. of this code.
        "Relative family child care" means a home that provides nonresidential child care services
 only to children related to the caregiver. The caregiver is a grandparent, great-grandparent, aunt,
 uncle, great-aunt, great-uncle, or adult sibling of the child or children receiving care. Care is given
 in the provider’s home.
        "Relative of the child" means an adult of at least 21 years of age who is related to the
 child, by blood or marriage, within at least three degrees.
        "Residential services" means child care which includes the provision of nighttime shelter
 and the personal discipline and supervision of a child by guardians, custodians, or other persons
 or entities on a continuing or temporary basis. It may include care or treatment, or both, for
 transitioning adults. Residential services does not include or apply to any juvenile detention facility
 or juvenile correctional facility operated by the Division of Corrections and Rehabilitation, created
 pursuant to this chapter, for the secure housing or holding of juveniles committed to its custody.
        “Restorative justice program” means a voluntary, community based program which utilizes
 evidence-based practices that provide an opportunity for a juvenile to accept responsibility for and
 participate in setting consequences to repair harm caused by the juvenile against the victim and
 the community by means of facilitated communication including, but not limited to, mediation,
 dialogues, or family group conferencing, attended voluntarily by the victim, the juvenile, a
 facilitator, a victim advocate, community members, or supporters of the victim or the juvenile.
        "Risk and needs assessment" means a validated, standardized actuarial tool which
 identifies specific risk factors that increase the likelihood of reoffending and the factors that, when
 properly addressed, can reduce the likelihood of reoffending.
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         "Scattered-site living arrangement" means a living arrangement where youth, 17 to 26
 years of age, live in a setting that allows staff to be available as needed, depending on the youth’s
 level of autonomy. Sites for such living arrangements shall be in community environments to allow
 the youth full access to services and resources in order to fully develop independent living skills.
         "Secure facility" means any public or private residential facility which includes construction
 fixtures designed to physically restrict the movements and activities of juveniles or other
 individuals held in lawful custody in such facility.
         "Staff secure facility" means any public or private residential facility characterized by staff
 restrictions of the movements and activities of individuals held in lawful custody in such facility,
 and which limits its residents’ access to the surrounding community, but is not characterized by
 construction fixtures designed to physically restrict the movements and activities of residents.
         "Standardized screener" means a brief, validated nondiagnostic inventory or
 questionnaire designed to identify juveniles in need of further assessment for medical, substance
 abuse, emotional, psychological, behavioral, or educational issues, or other conditions.
         "State family support council" means the council established by the Department of Health
 and Human Resources pursuant to §49-2-601 et seq. of this code to carry out the responsibilities
 specified in §49-2-101 et seq. of this code.
         "Supervised group setting" means a setting where youth, 16 to 21 years of age, live with
 staff onsite or are available 24 hours per day and seven days per week. In this setting, staff
 provide face to face daily contact with youth.
         "Time-limited reunification services" means individual, group, and family counseling,
 inpatient, residential, or outpatient substance abuse treatment services, mental health services,
 assistance to address domestic violence, services designed to provide temporary child care, and
 therapeutic services for families, including crisis nurseries and transportation to or from those
 services, provided during 15 of the most recent 22 months a child or juvenile has been in foster
 or in a kinship placement, as determined by the earlier date of the first judi