                                 CODE OF VIRGINIA

INTERVENTION BY COMMISSIONER; CORRECTIVE ACTION PLANS; ASSUMPTION OF TEMPORARY
CONTROL (§ 63.2-904.1)

A. The Commissioner shall have the authority to create and enforce a corrective
action plan for any local board that, in the Commissioner&#8217;s discretion,
(i) fails to provide foster care services or make placement and removal
decisions in accordance with this title or Board regulations or (ii) takes any
action or fails to act in a manner that poses a substantial risk to the health,
safety, or well-being of any child under its supervision and control. The
corrective action plan shall (a) include specific objectives that the local
board must meet in order to comply with applicable laws and regulations and
ensure the health, safety, and well-being of all children in its supervision and
control and (b) set the date by which such objectives must be completed, which
shall not extend beyond 90 days after implementation of the corrective action
plan unless the Commissioner determines that the objectives of the corrective
action plan cannot be reasonably accomplished within such time frame. During the
time the corrective action plan is in effect, the Commissioner may direct
Department staff to provide assistance to the local board, monitor its progress
in meeting the objectives stated in the plan, and take any measures necessary to
protect the health, safety, and well-being of children in the local
board&#8217;s supervision and control. The Commissioner shall provide regular
updates to the chairman of the Board, chairman of the local board, and local
director regarding the local board&#8217;s progress in meeting the objectives of
the corrective action plan.
			Prior to implementing a corrective action plan, the Commissioner shall
provide written notice of his intent to implement the corrective action plan and
the reasons for which such plan was developed to the chairman of the Board,
chairman of the local board, and local director. Upon request by the chairman of
the Board, chairman of the local board, or local director, the Commissioner
shall hold a hearing to determine whether a corrective action plan is
appropriate.

B. If the local board fails to timely comply with the corrective action plan,
the Commissioner shall have the authority to temporarily assume control over all
or part of the local board&#8217;s foster care services and associated funds.
Upon assuming such control, the Commissioner may utilize Department staff or
contract with private entities to provide foster care services in the locality
served by the local board and manage funds appropriated for such purposes. For
any period during which a local board is under the Commissioner&#8217;s control,
the Commissioner shall work with the local board and local director to make any
adjustments necessary to facilitate the local board&#8217;s resumption of
control over its foster care services and funds. The Commissioner shall remit
control of such foster care services and funds to the local board upon
determining that the local board has made all adjustments necessary to ensure
that foster care services are provided in compliance with state and federal law
and regulations and in a manner that adequately protects the health, safety, and
well-being of all children in its supervision and control.

C. Whenever the Commissioner assumes temporary control over a local
board&#8217;s foster care services and funds pursuant to this section, the
amount of local funding made available for such services shall remain equal to
or greater than the amounts available immediately prior to the
Commissioner&#8217;s assumption of temporary control. Additionally, the locality
in which the local board is located shall be required to pay the local share of
any costs associated with any services necessary to align the local
board&#8217;s foster care services with state and federal laws and regulations.

HISTORY: 2019, c. 446.