SB937 H JUD AM #1
Morgan 3345
The Committee on the Judiciary moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following language:
(a) This section shall be known, and may be cited as, Kyneddi’s Law.
(b) The Legislature finds and declares that child protective services within the Bureau for Social Services performs a critical governmental function in receiving reports of abuse and neglect, conducting investigations, and determining immediate child safety. Evidence from multiple states demonstrates that community-based child welfare systems improve child safety, permanency, and well-being by engaging local providers, reducing time in care, and maintaining children’s connections to families and communities. A phased and geographically limited approach allows the state to evaluate outcomes, fiscal accountability, and operational readiness before broader implementation.
(c) Initial implementation region and future implementation. —
(1) The Bureau for Social Services shall request bids for a lead or managing agency, as set forth in subsection (d) of this section, on or before January 1, 2027, with a contract awarded to a lead or managing agency on or before July 1, 2027.
(2) On or before December 1, 2026, the Bureau for Social Services shall provide to the Legislative Oversight Commission on Health and Human Resources an implementation plan that sets forth in detail a plan to effectuate the obligations created by this section.
(3) The community-based child welfare phased implementation shall begin on or before January 1, 2028 in the initial implementation region comprised of Berkeley County and Jefferson County.
(4) The community-based child welfare phased implementation shall expand to all social services regions within the state on July 1, 2029, absent prior legislation to the contrary.
(d) Roles and responsibilities. —
(1) The Bureau for Social Services shall retain exclusive authority for:
(A) Intake of abuse and neglect referrals;
(B) Child protective services investigations;
(C) Safety assessments and determinations;
(D) Emergency custody decisions during investigation;
(E) Court responsibility during investigation, emergency removal;
(F) All responsibilities related to the filing of a petition alleging abuse or neglect pursuant to §49-4-601 of this code;
(G) All court responsibilities related to a preliminary hearing conducted pursuant to the provisions of §49-4-601 and §49-4-602 of this code; and
(H) All court responsibilities related to an adjudicatory hearing conducted pursuant to §49-4-601 of this code.
(2) Case transfer. —
(A) Upon completion of the child protective services’ intake, investigation, and determination that a case requires removal of the child or children, ongoing court supervision, or services, the Bureau for Social Services shall transfer responsibility for case management, service coordination, and court-related functions to a contracted community-based provider: Provided, That the Department of Human Services shall be responsible for all court responsibilities relating to a preliminary hearing conducted pursuant to §49-4-601 and §49-4-602 of this code: Provided however, That the Department of Human Services shall be responsible for all court responsibilities relating to an adjudicatory hearing conducted pursuant to §49-4-601 of this code.
(B) No transfer of a case to a provider pursuant to the provisions of this subdivision may occur prior to the completion of the child protective services’ intake investigation, and no case shall remain with the department solely by reason of removal or placement status once the case has been opened for ongoing services.
(3) Nothing in this section shall be construed to delegate. privatize, or otherwise modify child protective services’ investigative authority.
(e) Contracted community-based providers. —
(1) Provider. — The Bureau for Social Services shall contract with one qualified private provider, as the lead or managing agency, to deliver community-based child welfare services within each implementation region.
(2) Provider qualifications. — Contracted providers shall:
(A) Be organizations in good standing with state and federal regulatory authorities;
(B) Hold relevant national accreditation or demonstrate equivalent capacity;
(C) Demonstrate financial solvency and operational readiness; and
(D) Demonstrate an ability to serve assigned cases.
(f) Subcontractors. — Providers shall deliver services directly or through the use of subcontractors.
(g) Contract Structure and Financing. —
(1) Case-rate payment model. — Contracts shall use a negotiated case-rate structure, including anticipated start-up costs covering the full continuum of care from case opening through permanency and aftercare. Rates shall reflect the provider’s assumption of:
(A) Case management responsibilities;
(B) Court-related obligations after the preliminary hearing in an abuse and neglect proceeding; and
(C) Service coordination and placement oversight. Case rates shall be actuarially sound, fiscally responsible, and mutually agreed upon, and shall be reviewed periodically to ensure alignment with service utilization and outcomes.
(2) Risk-based contracting. — Contracts shall include shared-risk provisions whereby:
(A) Providers may retain savings achieved through improved outcomes; and
(B) Providers assume responsibility for costs exceeding the case rate, subject to defined risk corridors.
(h) Workforce and practice standards. — Contracts shall:
(1) Define required functions and outcomes, rather than prescriptive staffing models; and
(2) Establish caseload expectations consistent with best practices.
(i) Oversight and accountability. — The Bureau for Social Services shall retain oversight authority for:
(1) Contract compliance;
(2) Performance measurement;
(3) Fiscal accountability; and
(4) Data reporting and audits.
(j) A contracted community-based provider retained pursuant to this section, and its officers, employees, and agents, are not liable for civil damages arising from acts or omissions undertaken in good faith and within the scope of responsibilities delegated pursuant to this section and the applicable contract with the department, except in cases of gross negligence, intentional deception, or willful misconduct.
The Bureau for Social Services shall not assume day-to-day operational or court case management functions once a case has been transferred to a provider.
(k) Evaluation and reporting. — Within 12 months of implementation, the Bureau for Social Services shall submit a report to the Joint Committee on Government and Finance which shall contain evaluations on:
(1) Child safety, permanency, and well-being outcomes;
(2) Fiscal performance and cost trends;
(3) Provider performance and system capacity; and
(4) Recommendations for continuation or expansion.
(l) Funding. — The Bureau for Social Services shall pay for the costs associated with this implementation of this legislation out of its existing appropriation.
(m) Rules. — The Bureau for Social Services shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code and procedural rules in accordance with the provisions of chapter 29A of this code in order to implement provisions of this section and to carry out the duties prescribed in this section. The Bureau for Social Services shall also promulgate emergency rules pursuant to §29A-3-15 of this code to effectuate the January 1, 2028, implementation of the program as set forth in subsection (b) of this section.
(a) The prosecuting attorney shall render to the Department of Human Services, without additional compensation, the legal services as the department may require: Provided, That the prosecuting attorney shall represent any community-based provider that entered into a contract with the Department of Human Services and the Bureau for Social Services pursuant to §49-2-131 of this code. This section shall not be construed to prohibit the department from developing plans for cooperation with courts, prosecuting attorneys, and other law-enforcement officials in a manner as to permit the state and its citizens to obtain maximum fiscal benefits under federal laws, rules and regulations.
(b) Nothing in this code may be construed to limit the authority of a prosecuting attorney to file an abuse or neglect petition, including the duties and responsibilities owed to its client the Department of Human Services, in his or her fulfillment of the provisions of this article.
(c) Whenever, pursuant to this chapter, a prosecuting attorney acts as counsel for the Department of Human Services, and a dispute arises between the prosecuting attorney and the department's representative because an action proposed by the other is believed to place the child at imminent risk of abuse or serious neglect, either the prosecuting attorney or the department's representative may contact the secretary of the department and the executive director of the West Virginia Prosecuting Attorneys Institute for prompt mediation and resolution. The secretary may designate either his or her general counsel or the director of social services to act as his or her designee and the executive director may designate an objective prosecuting attorney as his or her designee.
§49-4-503. Prosecuting attorney to represent petitioner in juvenile cases.
The prosecuting attorney shall represent the petitioner in all proceedings under this article before the court judge or magistrate having juvenile jurisdiction: Provided, That the prosecuting attorney shall represent any community-based provider that entered into a contract with the Department of Human Services and the Bureau for Social Services pursuant to §49-2-131 of this code
Adopted
Rejected