Juvenile detention legislation: SB 1432 (Marsden), which would have required the closure and consolidation of seven juvenile detention centers by January 1, 2026, failed to emerge from committee before crossover. VACo opposed this legislation, maintaining its position that any decisions regarding consolidation should be made by the affected local governments so that the full spectrum of community needs can be considered, to include opportunities for the reinvestment of savings into the provision of additional services, as well as potential drawbacks, such as housing youth farther from their families and communities. VACo thanks its members for their advocacy in raising concerns with legislators.
Children’s Services Act: SB 801 (Favola), which has passed the Senate and awaits final passage on the House floor, adds children and youth who are determined to be a “child in need of services” to the list of populations eligible to be served by the state pool of CSA funds. Since 2007, children and youth in this category have been eligible for CSA funding based on an opinion by the Attorney General that Family Assessment and Planning Teams (FAPTs) could use the statutory definition of a “child in need of services” to consider a child part of the mandated population and provide foster care services through parental agreements, without requiring the parents/guardians to relinquish custody. This opinion responded to situations in which some localities had interpreted state Code to mean that the only mechanism for a child to qualify for mandated CSA services was for the parents or guardians to relinquish custody to the local Department of Social Services.
Behavioral Health
HB 1895 (Willett) and SB 1094 (Jordan) expand the definition of a “psychiatric emergency department” to remove the requirement that a psychiatric emergency department be located adjacent to a facility licensed by the Department of Behavioral Health and Developmental Services (DBHDS) and to add requirements that a psychiatric emergency department (i) be licensed by either DBHDS or the Department of Health and (ii) provide that at least one physician who is primarily responsible for the emergency department be on duty and physically present at all times that the hospital is operating as an emergency service. Under a pilot program authorized in 2024 and set to expire in 2026, certified evaluators who meet certain criteria, but are not employees or designees of the local CSB, are authorized to conduct evaluations in hospitals with psychiatric emergency departments in the City of Hampton to determine whether individuals meet criteria for temporary detention orders. Both bills have passed their originating chambers and await a committee hearing in the Senate and House, respectively.
HB 2534 (Sewell) and SB 1304 (McPike) would allow more flexibility in providing crisis stabilization services in facilities with more than 16 beds by directing the Department of Medical Assistance Services (DMAS) to seek necessary federal approvals to remove the prohibition on providing crisis stabilization services for nonhospitalized individuals in “institutions for mental disease” and authorizing DMAS to make regulatory changes upon receiving federal approval. Generally, under federal law, Medicaid cannot cover services in these settings, which are defined to include hospitals, nursing facilities, or other institutions with more than 16 beds that are primarily engaged in providing diagnosis, treatment, or care of individuals with mental illness, including substance use disorders. This legislation would work in tandem with language and funding in the Governor’s introduced budget to allow DMAS to pursue a Medicaid waiver to allow coverage for services provided during short-term stays for acute care in psychiatric hospitals or residential treatment settings that qualify as Institutes of Mental Disease (such as crisis stabilization units). VACo supports these efforts. Both bills have passed their respective houses of origin.
HB 2714 (Wilt) allows DBHDS to reallocate developmental disability waiver slots among CSBs or regions if a waiver slot is unassigned and unused for a 30-day period, and no individual on the Priority One waitlist is identified within the CSB catchment area or region. This bill has passed the House.
HB 2754 (Singh) and SB 870 (Favola) allow certain records of incarcerated adults and youth who have been committed to the Department of Juvenile Justice to be shared for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services. The bills allow information sharing with DMAS for youth who have been committed to the Department of Juvenile Justice, for record information covering the period prior to and up to 30 days following release from commitment; for adults in local and regional jails, the bill allows information sharing with DMAS, the Virginia Department of Social Services, and the local department of social services. This legislation will facilitate coverage of these services via Medicaid; certain services are currently required under federal law for juveniles for 30 days prior to and 30 days after release, and limited coverage prior to release could be authorized for adults if a waiver request is submitted by the state and approved by the Centers for Medicare and Medicaid Services.
SB 841 (Favola) is a recommendation of the Joint Commission on Health Care from its study of enhancing access to health care for vulnerable populations. The bill directs the Board of Pharmacy to collaborate with the Department of Behavioral Health and Developmental Services to develop and implement a process by which opioid treatment programs can apply for and receive the necessary permissions and waivers to allow dispensing of opioid use disorder treatment medications from mobile units. This bill has passed the Senate.
Social Services
HB 1617 (McClure) allows a copy of a vital record, or a driver’s license, driver privilege card, or special identification card, to be provided to a homeless youth at no charge. This bill is headed to the Senate floor.
HB 1733 (Cole)/SB 1372 (Suetterlein) are recommendations from the Commission on Youth from its 2024 study on relief of custody. These bills would require the local department of social services, as part of its investigation when a petition for relief of custody is filed, to refer the parent to the local family assessment and planning team and create a written report regarding the history of the child and family. The bills require the Department of Social Services, in collaboration with the Virginia League of Social Services Executives, to create a template for the written report, and direct the Office of the Children’s Ombudsman to convene a work group to determine the factors a court should consider for good cause shown to grant a petitioner’s petition for relief of care and custody of a child. HB 1733 is on the Senate floor and SB 1372 has passed both chambers.
SB 773 (Favola) directs local departments of social services to develop a housing plan for an individual who is aging out of foster care, in consultation with the individual and within 90 days of the individual’s 18th birthday (or 21st birthday, for participants in the Fostering Futures program). The housing plan is required to include a description of housing options being pursued for the individual, including an explanation as to why each option is in the individual’s best interest. If the housing plan does not contemplate the individual receiving a housing choice voucher, an explanation is required to be included in the housing plan explaining why the individual is (i) not at risk of homelessness, (ii) not prepared for independent living, or (iii) not otherwise in need of a primary residence for independent living. The bill authorizes the Virginia Department of Social Services to enter into a memorandum of understanding with local public housing authorities or housing programs to facilitate access to certain grant dollars. The bill also directs local departments of social services to collaborate with local housing authorities to secure certain housing vouchers for individuals aging out of foster care or individuals who have recently left foster care who are at risk of homelessness. This bill is in committee in the House.
SB 818 (Favola) requires a local department of social services, if it is serving as representative payee for a child receiving benefits from the Social Security Administration or the U.S. Department of Veterans Affairs, to provide notice to the child (if the child is 12 or older), the child’s parent, guardian, or next of kin, or guardian ad litem or counsel, if applicable, that it is acting as the child’s representative payee within 30 days after receiving the first benefit payment. This bill is on the House floor. A related bill, HB 2457 (Glass), would direct the State Board of Social Services to amend its regulations by January 1, 2026, to (i) require local departments of social services to apply for federal benefits on behalf of children in foster care, (ii) prohibit the use of military survivor benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to fund, and (iii) require local departments of social services that are representative payees for children in foster care to conserve such military survivor benefits in an appropriate trust instrument or protected account. This bill is on the House floor.
Failed bills of interest
HB 1710 (Gardner) would have directed DMAS to convene a stakeholder work group to assess and make recommendations related to reimbursement rates for the federal Early Intervention Program for Infants and Toddlers with Disabilities. VACo supported this legislation, which was reported from its originating committee but failed to report from House Appropriations.
HB 1964 (Tata) would have established the Future in Focus program to support young adults (ages 21-23) who participated in the Fostering Futures program. Participation would be voluntary and open to youth who are completing secondary education or an equivalent credential; enrolled in postsecondary or vocational education; employed for at least 80 hours per month; participating in a program or activity designed to promote employment or remove barriers to employment; or incapable of doing any of these activities due to a medical condition. Participants would be eligible for a monthly stipend and case management. The bill failed in the Senate Finance and Appropriations Committee due to concerns over its fiscal impact.
SB 1451 (Srinivasan) would have directed DMAS to seek necessary federal authority to provide supplemental payments to Medicaid members to be used for transportation to medical appointments when other transportation options are not available. The bill failed in Senate Finance and Appropriations. The House budget includes $1 million in FY 2026 for a pilot program to provide non-emergency medical transportation services for uninsured Virginians living in medically underserved or unserved areas in the catchment area of a federally qualified health center, with priority given to serving persons living in rural localities.
VACo Contact: Katie Boyle