2.2-5211.1 - Certain restrictions on reimbursement and placements of children in residential facilities. - Virginia Statutes

§ 2.2-5211.1. Certain restrictions on reimbursement and placements ofchildren in residential facilities.

Notwithstanding any provision of this chapter to the contrary or any practiceor previous decision-making process of the state executive council, Office ofComprehensive Services, state and local advisory team, any community policyand management team, any family assessment and planning team or any otherlocal entity placing children through the Comprehensive Services Act (CSA),the following restrictions shall control:

1. In the event that any group home or other residential facility in whichCSA children reside has its licensure status lowered to provisional as aresult of multiple health and safety or human rights violations, all childrenplaced through CSA in such facility shall be assessed as to whether it is inthe best interests of each child placed to be removed from the facility andplaced in a fully licensed facility and no additional CSA placements shall bemade in the provisionally licensed facility until and unless the violationsand deficiencies relating to health and safety or human rights that causedthe designation as provisional shall be completely remedied and fulllicensure status restored.

2. Prior to the placement of a child across jurisdictional lines, the familyassessment and planning teams shall (i) explore all appropriate communityservices for the child, (ii) document that no appropriate placement isavailable in the locality, and (iii) report the rationale for the placementdecision to the community policy and management team. The community policyand management team shall report annually to the Office of ComprehensiveServices on the gaps in the services needed to keep children in the localcommunity and any barriers to the development of those services.

3. Community policy and management teams, family assessment and planningteams or other local entities responsible for CSA placements shall notify thereceiving school division whenever a child is placed across jurisdictionallines and identify any children with disabilities and foster care children tofacilitate compliance with expedited enrollment and special educationrequirements.

(2006, c. 781.)