{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-5211.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-5211.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-5211.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-5211.html"}],"law_id":79201,"edition_id":1,"section_id":79201,"structure_id":15095,"section_number":"2.2-5211","catch_line":"State pool of funds for community policy and management teams","history":"1992, cc. 837, 880, \u00a7 2.1-757; 1993, c. 567; 1994, cc. 854, 865; 1998, c. 534; 1999, c. 669; 2000, c. 914; 2001, c. 844; 2004, cc. 286, 631; 2009, c. 304; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71; 2025, c. 503.","full_text":"A\n\nThere is established a state pool of funds to be allocated to community policy and management teams in accordance with the appropriation act and appropriate state regulations. These funds shall be expended for the provision of public or private nonresidential or residential services for troubled youth and families. However, funds for private special education services shall only be expended on private educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. Effective July 1, 2022, funds for private special education services shall only be expended on private educational programs that the Office of Children’s Services certifies as having reported their tuition rates on a standard reporting template developed by the Office. The Office of Children’s Services shall consult with private special education services providers in developing the standard reporting template for tuition rates.\n\t\t\tThe state pool shall:1\n\nPlace authority for making program and funding decisions at the community level;2\n\nProvide flexibility in the use of funds to purchase services based on the strengths and needs of children, youth, and families; and3\n\nReduce disparity in accessing services and inadvertent fiscal incentives for serving children and youth according to differing required local match rates for funding streams.B\n\nThe state pool shall consist of funds that serve the following target populations:1\n\nChildren and youth placed for purposes of special education in approved private school educational programs;2\n\nChildren and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private special education day schools, if the individualized education program indicates such school is the appropriate placement while living in foster homes or child-caring facilities;3\n\nChildren and youth for whom foster care services, as defined by § 63.2-905, are being provided;4\n\nChildren and youth who are determined, by either a juvenile and domestic relations district court or a family assessment and planning team, to be a child in need of services as defined in § 16.1-228 and requiring (i) community-based services to prevent or eliminate the need for an out-of-home placement or (ii) placement outside of the home through an agreement between the public agency designated by the community policy and management team and the parents or legal guardians who retain legal custody of the child or youth;5\n\nChildren and youth placed by a juvenile and domestic relations district court, in accordance with the provisions of § 16.1-286, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsection B or C of § 16.1-284.1;6\n\nChildren and youth committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with § 66-14; and7\n\nChildren and youth previously placed pursuant to subdivision 1 in approved private school educational programs for at least six months who will receive transitional services in a public school setting. State pool funds for transitional services shall be allocated for no longer than 12 months. Local agencies may contract with a private school education program provider to provide transitional services in the public school.C\n\nThe General Assembly and the governing body of each county and city shall annually appropriate such sums of money as shall be sufficient to (i) provide special education services and foster care services for children and youth identified in subdivisions B 1 through 4 and 6 and 7 and (ii) meet relevant federal mandates for the provision of these services. The community policy and management team shall anticipate to the best of its ability the number of children and youth for whom such services will be required. Nothing in this section shall prohibit local governments from requiring parental or legal financial contributions, where not specifically prohibited by federal or state law or regulation, utilizing a standard sliding fee scale based upon ability to pay, as provided in the appropriation act.D\n\nReferral of a child and family to a family assessment and planning team, recommendation by that team of the proper level of treatment and services needed for the child and family, and determination by the team of the child’s eligibility for funding for services through the state pool of funds shall satisfy the fiscal responsibility of the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice with regard to services funded through the pool. However, the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice shall continue to be responsible for providing services identified in an individual family service plan that are within the agency’s scope of responsibility and funded separately from the state pool.\n\t\t\tIn any instance that local department of social services places an individual who is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from the state pool; and (iii) properly defined as a school-age child with disabilities pursuant to § 22.1-213 across jurisdictional lines in an approved foster care placement in the Commonwealth and the individual’s individualized education program (IEP), as prepared by the local educational authority in the jurisdiction where the individual resides, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual’s special education services and IEP shall remain with the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations.E\n\nIn any matter properly before a court for which state pool funds are to be accessed, the court shall, prior to final disposition, and pursuant to §§ 2.2-5209 and 2.2-5212, refer the matter to the community policy and management team for assessment by a local family assessment and planning team authorized by policies of the community policy and management team for assessment to determine the recommended level of treatment and services needed by the child and family. The family assessment and planning team making the assessment shall make a report of the case or forward a copy of the individual family services plan to the court within 30 days of the court’s written referral to the community policy and management team. The court shall consider the recommendations of the family assessment and planning team and the community policy and management team. If, prior to a final disposition by the court, the court requests a level of service not identified or recommended in the report submitted by the family assessment and planning team, the court shall ask the community policy and management team to submit a second report characterizing comparable levels of service to the requested level of service. Notwithstanding the provisions of this subsection, the court may make any disposition as is authorized or required by law. Services ordered pursuant to a disposition rendered by the court pursuant to this section shall qualify for funding as appropriated under this section.F\n\nAs used in this section, “transitional services” includes services delivered in a public school setting directly to students with significant disabilities or intensive support needs to facilitate their transition back to public school after having been served in a private special education day school or residential facility for at least six months. “Transitional services” includes one-on-one aides, speech therapy, occupational therapy, behavioral health services, counseling, applied behavior analysis, specially designed instruction delivered directly to the student, or other services needed to facilitate such transition that are delivered directly to the student in their public school over the 12-month period as identified in the child’s individualized education program.","order_by":null,"text":{"0":{"id":283608,"text":"There is established a state pool of funds to be allocated to community policy and management teams in accordance with the appropriation act and appropriate state regulations. These funds shall be expended for the provision of public or private nonresidential or residential services for troubled youth and families. However, funds for private special education services shall only be expended on private educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. Effective July 1, 2022, funds for private special education services shall only be expended on private educational programs that the Office of Children’s Services certifies as having reported their tuition rates on a standard reporting template developed by the Office. The Office of Children’s Services shall consult with private special education services providers in developing the standard reporting template for tuition rates.\n\t\t\tThe state pool shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":283609,"text":"Place authority for making program and funding decisions at the community level;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":283610,"text":"Provide flexibility in the use of funds to purchase services based on the strengths and needs of children, youth, and families; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":283611,"text":"Reduce disparity in accessing services and inadvertent fiscal incentives for serving children and youth according to differing required local match rates for funding streams.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":283612,"text":"The state pool shall consist of funds that serve the following target populations:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":283613,"text":"Children and youth placed for purposes of special education in approved private school educational programs;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":283614,"text":"Children and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private special education day schools, if the individualized education program indicates such school is the appropriate placement while living in foster homes or child-caring facilities;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":283615,"text":"Children and youth for whom foster care services, as defined by § 63.2-905, are being provided;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":283616,"text":"Children and youth who are determined, by either a juvenile and domestic relations district court or a family assessment and planning team, to be a child in need of services as defined in § 16.1-228 and requiring (i) community-based services to prevent or eliminate the need for an out-of-home placement or (ii) placement outside of the home through an agreement between the public agency designated by the community policy and management team and the parents or legal guardians who retain legal custody of the child or youth;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":283617,"text":"Children and youth placed by a juvenile and domestic relations district court, in accordance with the provisions of § 16.1-286, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsection B or C of § 16.1-284.1;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":283618,"text":"Children and youth committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with § 66-14; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"11":{"id":283619,"text":"Children and youth previously placed pursuant to subdivision 1 in approved private school educational programs for at least six months who will receive transitional services in a public school setting. State pool funds for transitional services shall be allocated for no longer than 12 months. Local agencies may contract with a private school education program provider to provide transitional services in the public school.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"12":{"id":283620,"text":"The General Assembly and the governing body of each county and city shall annually appropriate such sums of money as shall be sufficient to (i) provide special education services and foster care services for children and youth identified in subdivisions B 1 through 4 and 6 and 7 and (ii) meet relevant federal mandates for the provision of these services. The community policy and management team shall anticipate to the best of its ability the number of children and youth for whom such services will be required. Nothing in this section shall prohibit local governments from requiring parental or legal financial contributions, where not specifically prohibited by federal or state law or regulation, utilizing a standard sliding fee scale based upon ability to pay, as provided in the appropriation act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"13":{"id":283621,"text":"Referral of a child and family to a family assessment and planning team, recommendation by that team of the proper level of treatment and services needed for the child and family, and determination by the team of the child’s eligibility for funding for services through the state pool of funds shall satisfy the fiscal responsibility of the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice with regard to services funded through the pool. However, the community services board, local school division, local department of social services, court service unit, or Department of Juvenile Justice shall continue to be responsible for providing services identified in an individual family service plan that are within the agency’s scope of responsibility and funded separately from the state pool.\n\t\t\tIn any instance that local department of social services places an individual who is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from the state pool; and (iii) properly defined as a school-age child with disabilities pursuant to § 22.1-213 across jurisdictional lines in an approved foster care placement in the Commonwealth and the individual’s individualized education program (IEP), as prepared by the local educational authority in the jurisdiction where the individual resides, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual’s special education services and IEP shall remain with the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"14":{"id":283622,"text":"In any matter properly before a court for which state pool funds are to be accessed, the court shall, prior to final disposition, and pursuant to §§ 2.2-5209 and 2.2-5212, refer the matter to the community policy and management team for assessment by a local family assessment and planning team authorized by policies of the community policy and management team for assessment to determine the recommended level of treatment and services needed by the child and family. The family assessment and planning team making the assessment shall make a report of the case or forward a copy of the individual family services plan to the court within 30 days of the court’s written referral to the community policy and management team. The court shall consider the recommendations of the family assessment and planning team and the community policy and management team. If, prior to a final disposition by the court, the court requests a level of service not identified or recommended in the report submitted by the family assessment and planning team, the court shall ask the community policy and management team to submit a second report characterizing comparable levels of service to the requested level of service. Notwithstanding the provisions of this subsection, the court may make any disposition as is authorized or required by law. Services ordered pursuant to a disposition rendered by the court pursuant to this section shall qualify for funding as appropriated under this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"15":{"id":283623,"text":"As used in this section, “transitional services” includes services delivered in a public school setting directly to students with significant disabilities or intensive support needs to facilitate their transition back to public school after having been served in a private special education day school or residential facility for at least six months. “Transitional services” includes one-on-one aides, speech therapy, occupational therapy, behavioral health services, counseling, applied behavior analysis, specially designed instruction delivered directly to the student, or other services needed to facilitate such transition that are delivered directly to the student in their public school over the 12-month period as identified in the child’s individualized education program.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15095,"edition_id":1,"name":"Children's Services Act","identifier":"52","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:52:06","date_modified":"2026-06-26 03:52:06","permalink":{"id":177795,"object_type":"structure","relational_id":15095,"identifier":"52","token":"2.2\/II\/B\/52","url":"\/2.2\/II\/B\/52\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57520,"structure_id":15095,"section_number":"2.2-5200","catch_line":"Intent and purpose; definitions","url":"\/2.2-5200\/","token":"2.2\/II\/B\/52\/2.2-5200","metadata":false},{"id":64685,"structure_id":15095,"section_number":"2.2-5201","catch_line":"State and local advisory team; appointment; membership","url":"\/2.2-5201\/","token":"2.2\/II\/B\/52\/2.2-5201","metadata":false},{"id":60788,"structure_id":15095,"section_number":"2.2-5202","catch_line":"State and local advisory team; powers and duties","url":"\/2.2-5202\/","token":"2.2\/II\/B\/52\/2.2-5202","metadata":false},{"id":65891,"structure_id":15095,"section_number":"2.2-5203","catch_line":"Duties of agencies represented on state and local advisory team","url":"\/2.2-5203\/","token":"2.2\/II\/B\/52\/2.2-5203","metadata":false},{"id":69913,"structure_id":15095,"section_number":"2.2-5204","catch_line":"Community policy and management team; appointment; fiscal agent","url":"\/2.2-5204\/","token":"2.2\/II\/B\/52\/2.2-5204","metadata":false},{"id":70138,"structure_id":15095,"section_number":"2.2-5205","catch_line":"Community policy and management teams; membership; immunity from liability","url":"\/2.2-5205\/","token":"2.2\/II\/B\/52\/2.2-5205","metadata":false},{"id":68602,"structure_id":15095,"section_number":"2.2-5206","catch_line":"Community policy and management teams; powers and duties","url":"\/2.2-5206\/","token":"2.2\/II\/B\/52\/2.2-5206","metadata":false},{"id":77897,"structure_id":15095,"section_number":"2.2-5207","catch_line":"Family assessment and planning team; membership; immunity from liability","url":"\/2.2-5207\/","token":"2.2\/II\/B\/52\/2.2-5207","metadata":false},{"id":84143,"structure_id":15095,"section_number":"2.2-5208","catch_line":"Family assessment and planning team; powers and duties","url":"\/2.2-5208\/","token":"2.2\/II\/B\/52\/2.2-5208","metadata":false},{"id":75622,"structure_id":15095,"section_number":"2.2-5209","catch_line":"Referrals to family assessment and planning team or collaborative, multidisciplinary team process","url":"\/2.2-5209\/","token":"2.2\/II\/B\/52\/2.2-5209","metadata":false},{"id":70802,"structure_id":15095,"section_number":"2.2-5210","catch_line":"Information sharing; confidentiality","url":"\/2.2-5210\/","token":"2.2\/II\/B\/52\/2.2-5210","metadata":false},{"id":79201,"structure_id":15095,"section_number":"2.2-5211","catch_line":"State pool of funds for community policy and management teams","url":"\/2.2-5211\/","token":"2.2\/II\/B\/52\/2.2-5211","metadata":false},{"id":78048,"structure_id":15095,"section_number":"2.2-5211.1","catch_line":"Certain restrictions on reimbursement and placements of children in residential facilities","url":"\/2.2-5211.1\/","token":"2.2\/II\/B\/52\/2.2-5211.1","metadata":false},{"id":71525,"structure_id":15095,"section_number":"2.2-5212","catch_line":"Eligibility for state pool of funds","url":"\/2.2-5212\/","token":"2.2\/II\/B\/52\/2.2-5212","metadata":false},{"id":84676,"structure_id":15095,"section_number":"2.2-5213","catch_line":"State trust fund","url":"\/2.2-5213\/","token":"2.2\/II\/B\/52\/2.2-5213","metadata":false},{"id":82734,"structure_id":15095,"section_number":"2.2-5214","catch_line":"Rates for purchase of services; service fee directory","url":"\/2.2-5214\/","token":"2.2\/II\/B\/52\/2.2-5214","metadata":false}],"previous_section":{"id":70802,"structure_id":15095,"section_number":"2.2-5210","catch_line":"Information sharing; confidentiality","url":"\/2.2-5210\/","token":"2.2\/II\/B\/52\/2.2-5210","metadata":false},"next_section":{"id":78048,"structure_id":15095,"section_number":"2.2-5211.1","catch_line":"Certain restrictions on reimbursement and placements of children in residential facilities","url":"\/2.2-5211.1\/","token":"2.2\/II\/B\/52\/2.2-5211.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-5211\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapters 837 and 880 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 567; in 1994, chapters 854<\/a> and 865<\/a>; in 1998, chapter 534<\/a>; in 1999, chapter 669<\/a>; in 2000, chapter 914<\/a>; in 2001, chapter 844<\/a>; in 2004, chapters 286<\/a> and 631<\/a>; in 2009, chapter 304<\/a>; in 2013, chapter 5<\/a>; in 2025, chapter 503<\/a>.<\/p>","references":[{"id":59126,"section_number":"16.1-309.6","catch_line":"How state appropriations for operating costs of Juvenile Community Crime Control Act programs determined; notice of financial aid","order_by":null,"url":"\/16.1-309.6\/"},{"id":68046,"section_number":"2.2-2648","catch_line":"State Executive Council for Children's Services; membership; meetings; powers and duties","order_by":null,"url":"\/2.2-2648\/"},{"id":68602,"section_number":"2.2-5206","catch_line":"Community policy and management teams; powers and duties","order_by":null,"url":"\/2.2-5206\/"},{"id":71525,"section_number":"2.2-5212","catch_line":"Eligibility for state pool of funds","order_by":null,"url":"\/2.2-5212\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":54157,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","order_by":null,"url":"\/16.1-284.1\/"},{"id":84274,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","order_by":null,"url":"\/16.1-286\/"},{"id":75622,"section_number":"2.2-5209","catch_line":"Referrals to family assessment and planning team or collaborative, multidisciplinary team process","order_by":null,"url":"\/2.2-5209\/"},{"id":71525,"section_number":"2.2-5212","catch_line":"Eligibility for state pool of funds","order_by":null,"url":"\/2.2-5212\/"},{"id":86043,"section_number":"22.1-213","catch_line":"Definitions","order_by":null,"url":"\/22.1-213\/"},{"id":72819,"section_number":"63.2-905","catch_line":"Foster care services","order_by":null,"url":"\/63.2-905\/"},{"id":83009,"section_number":"66-14","catch_line":"Allowance for maintenance of children placed by Commonwealth in private homes, etc","order_by":null,"url":"\/66-14\/"}],"permalink":{"id":177841,"object_type":"law","relational_id":79201,"identifier":"2.2-5211","token":"2.2\/II\/B\/52\/2.2-5211","url":"\/2.2-5211\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-5211\/","token":"2.2\/II\/B\/52\/2.2-5211","dublin_core":{"Title":"State pool of funds for community policy and management teams","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-5211","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is established a state pool of funds to be allocated to community policy and management teams in accordance with the appropriation act and appropriate state regulations. These funds shall be expended for the provision of public or private nonresidential or residential services for troubled youth and families. However, funds for private special education services shall only be expended on private educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. Effective July 1, 2022, funds for private special education services shall only be expended on private educational programs that the Office of Children’s Services certifies as having reported their tuition rates on a standard reporting template developed by the Office. The Office of Children’s Services shall consult with private special education services providers in developing the standard reporting template for tuition rates.\n\t\t\tThe state pool shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place authority for making program and funding decisions at the community level; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide flexibility in the use of funds to purchase services based on the strengths and needs of children, youth, and families; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Reduce disparity in accessing services and inadvertent fiscal incentives for serving children and youth according to differing required local match rates for funding streams. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The state pool shall consist of funds that serve the following target populations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Children and youth placed for purposes of special education in approved private school educational programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Children and youth with disabilities placed by local social services agencies or the Department of Juvenile Justice in private residential facilities or across jurisdictional lines in private special education day schools, if the individualized education program indicates such school is the appropriate placement while living in foster homes or child-caring facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Children and youth for whom foster care services, as defined by § 63.2-905<\/a>, are being provided; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Children and youth who are determined, by either a juvenile and domestic relations district court<\/span> or a family assessment and planning team, to be a child in need of services as defined in § 16.1-228<\/a> and requiring (i) community-based services to prevent or eliminate the need for an out-of-home placement or (ii) placement outside of the home through an agreement between the public agency designated by the community policy and management team and the parents or legal guardians who retain legal custody<\/span> of the child or youth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Children and youth placed by a juvenile and domestic relations district court<\/span>, in accordance with the provisions of § 16.1-286<\/a>, in a private or locally operated public facility or nonresidential program, or in a community or facility-based treatment program in accordance with the provisions of subsection B or C of § 16.1-284.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Children and youth committed to the Department of Juvenile Justice and placed by it in a private home or in a public or private facility in accordance with § 66-14<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Children and youth previously placed pursuant to subdivision 1 in approved private school educational programs for at least six months who will receive transitional services<\/span> in a public school setting. State pool funds for transitional services<\/span> shall be allocated for no longer than 12 months. Local agencies may contract<\/span> with a private school education program provider to provide transitional services<\/span> in the public school. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The General Assembly and the governing body of each county and city shall annually appropriate such sums of money as shall be sufficient to (i) provide special education services and foster care services for children and youth identified in subdivisions B 1 through 4 and 6 and 7 and (ii) meet relevant federal mandates<\/span> for the provision of these services. The community policy and management team shall anticipate to the best of its ability the number of children and youth for whom such services will be required. Nothing in this section shall prohibit local governments from requiring parental or legal financial contributions, where not specifically prohibited by federal or state law<\/span> or regulation, utilizing a standard sliding fee scale based upon ability to pay, as provided in the appropriation act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Referral of a child and family to a family assessment and planning team, recommendation by that team of the proper level of treatment and services needed for the child and family, and determination by the team of the child’s eligibility for funding for services through the state pool of funds shall satisfy the fiscal responsibility of the community services<\/span> board, local school division, local department of social services, court<\/span> service unit, or Department of Juvenile Justice with regard to services funded through the pool. However, the community services<\/span> board, local school division, local department of social services, court<\/span> service unit, or Department of Juvenile Justice shall continue to be responsible for providing services identified in an individual family service plan that are within the agency’s scope of responsibility and funded separately from the state pool.\n\t\t\tIn any instance that local department of social services places an individual who is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from the state pool; and (iii) properly defined as a school-age child with disabilities pursuant to § 22.1-213<\/a> across jurisdictional lines in an approved foster care placement in the Commonwealth and the individual’s individualized education program (IEP), as prepared by the local educational authority in the jurisdiction<\/span> where the individual resides, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual’s special education services and IEP shall remain with the placing jurisdiction<\/span> until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services, in compliance with the provisions of federal law<\/span>, Article 2 (§ 22.1-213<\/a> et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any matter properly before a court<\/span> for which state pool funds are to be accessed, the court<\/span> shall, prior to final disposition<\/span>, and pursuant to §§ 2.2-5209<\/a> and 2.2-5212<\/a>, refer the matter to the community policy and management team for assessment by a local family assessment and planning team authorized by policies of the community policy and management team for assessment to determine the recommended level of treatment and services needed by the child and family. The family assessment and planning team making the assessment shall make a report of the case or forward a copy of the individual family services plan to the court<\/span> within 30 days of the court<\/span>’s written referral to the community policy and management team. The court<\/span> shall consider the recommendations of the family assessment and planning team and the community policy and management team. If, prior to a final disposition<\/span> by the court<\/span>, the court<\/span> requests a level of service not identified or recommended in the report submitted by the family assessment and planning team, the court<\/span> shall ask the community policy and management team to submit a second report characterizing comparable levels of service to the requested level of service. Notwithstanding the provisions of this subsection, the court<\/span> may make any disposition<\/span> as is authorized or required by law<\/span>. Services ordered pursuant to a disposition<\/span> rendered by the court<\/span> pursuant to this section shall qualify for funding as appropriated under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As used in this section, “transitional services<\/span>” includes services delivered in a public school setting directly to students with significant disabilities or intensive support needs to facilitate their transition back to public school after having been served in a private special education day school or residential facility for at least six months. “Transitional services<\/span>” includes one-on-one aides, speech therapy, occupational therapy, behavioral health services, counseling, applied behavior analysis, specially designed instruction delivered directly to the student, or other services needed to facilitate such transition that are delivered directly to the student in their public school over the 12-month period as identified in the child’s individualized education program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE POOL OF FUNDS FOR COMMUNITY POLICY AND MANAGEMENT TEAMS (\u00a7 2.2-5211)\n\nA. There is established a state pool of funds to be allocated to community\npolicy and management teams in accordance with the appropriation act and\nappropriate state regulations. These funds shall be expended for the provision\nof public or private nonresidential or residential services for troubled youth\nand families. However, funds for private special education services shall only\nbe expended on private educational programs that are licensed by the Board of\nEducation or an equivalent out-of-state licensing agency. Effective July 1,\n2022, funds for private special education services shall only be expended on\nprivate educational programs that the Office of Children’s Services\ncertifies as having reported their tuition rates on a standard reporting\ntemplate developed by the Office. The Office of Children’s Services shall\nconsult with private special education services providers in developing the\nstandard reporting template for tuition rates.\n\t\t\tThe state pool shall:\n\n 1. Place authority for making program and funding decisions at the community\n level;\n\n 2. Provide flexibility in the use of funds to purchase services based on the\n strengths and needs of children, youth, and families; and\n\n 3. Reduce disparity in accessing services and inadvertent fiscal incentives\n for serving children and youth according to differing required local match\n rates for funding streams.\n\nB. The state pool shall consist of funds that serve the following target\npopulations:\n\n 1. Children and youth placed for purposes of special education in approved\n private school educational programs;\n\n 2. Children and youth with disabilities placed by local social services\n agencies or the Department of Juvenile Justice in private residential\n facilities or across jurisdictional lines in private special education day\n schools, if the individualized education program indicates such school is the\n appropriate placement while living in foster homes or child-caring facilities;\n\n 3. Children and youth for whom foster care services, as defined by §\n 63.2-905, are being provided;\n\n 4. Children and youth who are determined, by either a juvenile and domestic\n relations district court or a family assessment and planning team, to be a\n child in need of services as defined in § 16.1-228 and requiring (i)\n community-based services to prevent or eliminate the need for an out-of-home\n placement or (ii) placement outside of the home through an agreement between\n the public agency designated by the community policy and management team and\n the parents or legal guardians who retain legal custody of the child or youth;\n\n 5. Children and youth placed by a juvenile and domestic relations district\n court, in accordance with the provisions of § 16.1-286, in a private or\n locally operated public facility or nonresidential program, or in a community\n or facility-based treatment program in accordance with the provisions of\n subsection B or C of § 16.1-284.1;\n\n 6. Children and youth committed to the Department of Juvenile Justice and\n placed by it in a private home or in a public or private facility in\n accordance with § 66-14; and\n\n 7. Children and youth previously placed pursuant to subdivision 1 in approved\n private school educational programs for at least six months who will receive\n transitional services in a public school setting. State pool funds for\n transitional services shall be allocated for no longer than 12 months. Local\n agencies may contract with a private school education program provider to\n provide transitional services in the public school.\n\nC. The General Assembly and the governing body of each county and city shall\nannually appropriate such sums of money as shall be sufficient to (i) provide\nspecial education services and foster care services for children and youth\nidentified in subdivisions B 1 through 4 and 6 and 7 and (ii) meet relevant\nfederal mandates for the provision of these services. The community policy and\nmanagement team shall anticipate to the best of its ability the number of\nchildren and youth for whom such services will be required. Nothing in this\nsection shall prohibit local governments from requiring parental or legal\nfinancial contributions, where not specifically prohibited by federal or state\nlaw or regulation, utilizing a standard sliding fee scale based upon ability to\npay, as provided in the appropriation act.\n\nD. Referral of a child and family to a family assessment and planning team,\nrecommendation by that team of the proper level of treatment and services needed\nfor the child and family, and determination by the team of the child’s\neligibility for funding for services through the state pool of funds shall\nsatisfy the fiscal responsibility of the community services board, local school\ndivision, local department of social services, court service unit, or Department\nof Juvenile Justice with regard to services funded through the pool. However,\nthe community services board, local school division, local department of social\nservices, court service unit, or Department of Juvenile Justice shall continue\nto be responsible for providing services identified in an individual family\nservice plan that are within the agency’s scope of responsibility and\nfunded separately from the state pool.\n\t\t\tIn any instance that local department of social services places an individual\nwho is (i) 18 through 21 years of age, inclusive; (ii) eligible for funding from\nthe state pool; and (iii) properly defined as a school-age child with\ndisabilities pursuant to § 22.1-213 across jurisdictional lines in an\napproved foster care placement in the Commonwealth and the individual’s\nindividualized education program (IEP), as prepared by the local educational\nauthority in the jurisdiction where the individual resides, indicates that a\nprivate day school placement is the appropriate educational program for such\nindividual, the financial and legal responsibility for the individual’s\nspecial education services and IEP shall remain with the placing jurisdiction\nuntil the individual reaches the age of 21, inclusive, or is no longer eligible\nfor special education services, in compliance with the provisions of federal\nlaw, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board\nof Education regulations.\n\nE. In any matter properly before a court for which state pool funds are to be\naccessed, the court shall, prior to final disposition, and pursuant to\n§§ 2.2-5209 and 2.2-5212, refer the matter to the community policy and\nmanagement team for assessment by a local family assessment and planning team\nauthorized by policies of the community policy and management team for\nassessment to determine the recommended level of treatment and services needed\nby the child and family. The family assessment and planning team making the\nassessment shall make a report of the case or forward a copy of the individual\nfamily services plan to the court within 30 days of the court’s written\nreferral to the community policy and management team. The court shall consider\nthe recommendations of the family assessment and planning team and the community\npolicy and management team. If, prior to a final disposition by the court, the\ncourt requests a level of service not identified or recommended in the report\nsubmitted by the family assessment and planning team, the court shall ask the\ncommunity policy and management team to submit a second report characterizing\ncomparable levels of service to the requested level of service. Notwithstanding\nthe provisions of this subsection, the court may make any disposition as is\nauthorized or required by law. Services ordered pursuant to a disposition\nrendered by the court pursuant to this section shall qualify for funding as\nappropriated under this section.\n\nF. As used in this section, “transitional services” includes\nservices delivered in a public school setting directly to students with\nsignificant disabilities or intensive support needs to facilitate their\ntransition back to public school after having been served in a private special\neducation day school or residential facility for at least six months.\n“Transitional services” includes one-on-one aides, speech therapy,\noccupational therapy, behavioral health services, counseling, applied behavior\nanalysis, specially designed instruction delivered directly to the student, or\nother services needed to facilitate such transition that are delivered directly\nto the student in their public school over the 12-month period as identified in\nthe child’s individualized education program.\n\nHISTORY: 1992, cc. 837, 880, \u00a7 2.1-757; 1993, c. 567; 1994, cc. 854, 865; 1998,\nc. 534; 1999, c. 669; 2000, c. 914; 2001, c. 844; 2004, cc. 286, 631; 2009, c.\n304; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71; 2025, c. 503.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}