HB2538 H SI AM #1
Leslie 3357
The Committee on Seniors, Families and Children moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, licensing and approval of programs, except in those instances where a different meaning is provided or the context in which the word used clearly indicates that a different meaning is intended.
"Approval" means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued.
"Certification of approval" or "certificate of operation" means a statement issued by the Secretary of the Department of Health and Human Resources that a facility meets all of the necessary requirements for operation.
"Certificate of license" means a statement issued by the Secretary of the Department of Health and Human Resources authorizing an individual, corporation, partnership, voluntary association, municipality, or county, or any agency thereof, to provide specified services for a limited period of time in accordance with the terms of the certificate.
"Certificate of registration" means a statement issued by the Secretary of the Department of Health and Human Resources to a family childcare home, informal family childcare home, or relative family childcare home to provide specified services for a limited period in accordance with the terms of the certificate.
"License" means the grant of official permission to a facility to engage in an activity which would otherwise be prohibited.
“Child welfare information technology systems” means an operational web-based care communications system which shall facilitate communications amongst designed stakeholders.
“Stakeholder” means the commissioner for the Bureau for Medical Services, or a designee; the State the Executive Director of the Prosecuting Attorney's Institute, or a designee; a representative of the managed care organization contracted by the Bureau for Medical Services to serve foster children; at least two current or former foster parents; a representative of a foster parent advocacy organization; a representative of the West Virginia Office of Technology; at least two child placement agency representatives; the foster care ombudsman, or a designee; a representative from the Court Appointed Special Advocate program; and an individual actively serving as a Guardian Ad Litem. At the discretion of the West Virginia Supreme Court of Appeals, circuit and family court judges and other court personnel, including the Administrator of the Supreme Court of Appeals, may serve as a stakeholder. The bureau may further designate additional persons in their respective offices who may serve as stakeholders as determined appropriate and necessary.
"Registration" means the grant of official permission to a family childcare home, informal family childcare home, or a relative family childcare home determined to be in compliance with the legislative rules promulgated pursuant to this chapter.
"Rule" means legislative rules promulgated by the Secretary of the Department of Health and Human Resources or a statement issued by the Secretary of the Department of Health and Human Resources of the standards to be applied in the various areas of childcare.
"Variance" means a declaration that a rule may be accomplished in a manner different from the manner set forth in the rule.
"Waiver" means a declaration that a certain legislative rule is inapplicable in a particular circumstance.
(a) Subject to appropriations by the Legislature, the department is authorized and directed to:
(1) Enhance and increase efforts to provide services to prevent the removal of children from their homes;
(2) Identify relatives and fictive kin of children in need of placement outside of the home;
(3) Train kinship parents to become certified foster parents;
(4) Expand a tiered foster care system that provides higher payments for foster parents providing care to, and child placing agencies providing services to, foster children who have severe emotional, behavioral, or intellectual problems or disabilities, with particular emphasis upon removing children in congregate care and placing them with suitable foster parents; and
(5) Develop a pilot program to increase payment to uncertified kinship parents for the purpose of further helping families who have accepted kinship placements.
(b) During fiscal year 2021, the department shall expend at least $16,900,000 for the purposes of implementing the priorities and objectives listed in this section.
(c) On or before July 1, 2022 and on or before July 1 of every year thereafter, the secretary of the department shall present a report to the Joint Standing Committee on Government and Finance regarding the expenditures made pursuant to subsection (b) of this section and the department’s progress in meeting the priorities and objectives listed in subsection (a) of this section: Provided, That the secretary shall provide the information described in this subsection and updates to previous reports at any time, upon request of the Joint Standing Committee on Government and Finance.
(d) The bureau shall:
(1) incorporate into child welfare information technology (IT) systems or through the purchase of additional products an operational web-based communications system which shall facilitate communications including, but not limited to, foster parent requests and responses to requests to staff of the Bureau for Social Services and their contractual designees; updates regarding foster child movement, visitation, and travel; scheduled court, guardian ad litem, and multidisciplinary team hearings and meetings; and other communications that may improve care for the foster child amongst designated parties with legal responsibilities to care for the foster child. This purchase is subject to §5A-3A-1 et seq. of this code;
(2) ensure that permission access to utilize the foster communications system about a foster child is granted to only those parties with legal responsibilities to care for and support the foster child;
(3) ensure that the foster care communication system has the capacity to archive communications amongst stakeholders for the purpose of running reports on responsiveness by actors in the child welfare system;
(4) conduct publicly held stakeholder meetings starting no later than April1, 2023, to gain input regarding specific functions, systems interactions, and reporting tools to be built into the foster care technology systems;
(5) release a request for information by May 1, 2023, to assist in the refinement of technical specifications;
(6) release a procurement for the foster care communications system by December 31, 2023; and,
(7) provide LOCHHRA with a report on the status of the foster care communications system by December 1, 2023, and annually thereafter for five years.
(e) The bureau may add additional components to the foster care communications system as deemed necessary to enhance the stated purposes or to address other communication and managerial accountability needs of the bureau and child welfare stakeholders.
(f) The bureau shall promulgate and propose rules and regulations under §29A-1-1 et seq. of this code to carry out the intent and purposes of this article. The bureau shall promulgate an emergency rule by January 1, 2024. The emergency rule shall effectuate the provisions of this article.
Adopted
Rejected