2.2-2648 - State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership; meetings; powers and duties.
§ 2.2-2648. State Executive Council for Comprehensive Servicesfor At-Risk Youth and Families; membership; meetings; powers and duties.
A. The State Executive Council for Comprehensive Services forAt-Risk Youth and Families (the Council) is established as a supervisorycouncil, within the meaning of § 2.2-2100, in the executive branch of stategovernment.
B. The Council shall consist of one member of the House ofDelegates to be appointed by the Speaker of the House and one member of theSenate to be appointed by the Senate Committee on Rules; the Commissioners ofHealth, of Behavioral Health and Developmental Services, and of SocialServices; the Superintendent of Public Instruction; the Executive Secretary ofthe Virginia Supreme Court; the Director of the Department of Juvenile Justice;the Director of the Department of Medical Assistance Services; the Governor'sSpecial Advisor on Children's Services, to serve as an ex officio non-votingmember; the chairman of the state and local advisory team established pursuantto § 2.2-5202; three local government representatives to include a member of acounty board of supervisors or a city council and a county administrator orcity manager, to be appointed by the Governor; one public provider, to beappointed by the Governor; two private provider representatives from facilitiesthat maintain membership in an association of providers for children's orfamily services and receives funding as authorized by the ComprehensiveServices Act (§ 2.2-5200 et seq.), to be appointed by the Governor, who mayappoint from nominees recommended by the Virginia Coalition of Private ProviderAssociations; and two parent representatives. The parent representatives shallbe appointed by the Governor for a term not to exceed three years and neithershall be an employee of any public or private program that serves children andfamilies. The Governor's appointments shall be for a term not to exceed threeyears and shall be limited to no more than two consecutive terms, beginningwith appointments after July 1, 2009. Appointments of legislative members shallbe for terms coincident with their terms of office. Legislative members shallnot be included for the purposes of constituting a quorum.
C. The Council shall be chaired by the Secretary of Health andHuman Resources or a designated deputy who shall be responsible for conveningthe council. The Council shall meet, at a minimum, quarterly, to oversee theadministration of this article and make such decisions as may be necessary tocarry out its purposes. Legislative members shall receive compensation asprovided in § 30-19.12 and nonlegislative citizen members shall receivecompensation for their services as provided in §§ 2.2-2813 and 2.2-2825.
D. The Council shall have the following powers and duties:
1. Hire and supervise a director of the Office ofComprehensive Services for At-Risk Youth and Families;
2. Appoint the members of the state and local advisory team inaccordance with the requirements of § 2.2-5201;
3. Provide for the establishment of interagency programmatic andfiscal policies developed by the Office of Comprehensive Services for At-RiskYouth and Families, which support the purposes of the Comprehensive ServicesAct (§ 2.2-5200 et seq.), through the promulgation of regulations by theparticipating state boards or by administrative action, as appropriate;
4. Provide for a public participation process for programmaticand fiscal guidelines and dispute resolution procedures developed foradministrative actions that support the purposes of the Comprehensive ServicesAct (§ 2.2-5200 et seq.). The public participation process shall include, at aminimum, 60 days of public comment and the distribution of these guidelines andprocedures to all interested parties;
5. Oversee the administration of and consult with the VirginiaMunicipal League and the Virginia Association of Counties about state policiesgoverning the use, distribution and monitoring of moneys in the state pool offunds and the state trust fund;
6. Provide for the administration of necessary functions thatsupport the work of the Office of Comprehensive Services for At-Risk Youth andFamilies;
7. Review and take appropriate action on issues brought beforeit by the Office of Comprehensive Services for At-Risk Youth and Families,Community Policy and Management Teams (CPMTs), local governments, providers andparents;
8. Advise the Governor and appropriate Cabinet Secretaries onproposed policy and operational changes that facilitate interagency servicedevelopment and implementation, communication and cooperation;
9. Provide administrative support and fiscal incentives forthe establishment and operation of local comprehensive service systems;
10. Oversee coordination of early intervention programs topromote comprehensive, coordinated service delivery, local interagency programmanagement, and co-location of programs and services in communities. Earlyintervention programs include state programs under the administrative controlof the state executive council member agencies;
11. Oversee the development and implementation of a mandatoryuniform assessment instrument and process to be used by all localities toidentify levels of risk of Comprehensive Services Act (CSA) youth;
12. Oversee the development and implementation of uniformguidelines to include initial intake and screening assessment, development andimplementation of a plan of care, service monitoring and periodic follow-up,and the formal review of the status of the youth and the family;
13. Oversee the development and implementation of uniformguidelines for documentation for CSA-funded services;
14. Review and approve a request by a CPMT to establish acollaborative, multidisciplinary team process for referral and reviews ofchildren and families pursuant to § 2.2-5209;
15. Oversee the development and implementation of mandatoryuniform guidelines for utilization management; each locality receiving fundsfor activities under the Comprehensive Services Act shall have a locallydetermined utilization management plan following the guidelines or use of aprocess approved by the Council for utilization management, covering allCSA-funded services;
16. Oversee the development and implementation of uniform datacollection standards and the collection of data, utilizing a secure electronicclient-specific database for CSA-funded services, which shall include, but notbe limited to, the following client specific information: (i) children served,including those placed out of state; (ii) individual characteristics of youthsand families being served; (iii) types of services provided; (iv) serviceutilization including length of stay; (v) service expenditures; (vi) provideridentification number for specific facilities and programs identified by thestate in which the child receives services; (vii) a data field indicating thecircumstances under which the child ends each service; and (viii) a data fieldindicating the circumstances under which the child exits the ComprehensiveServices Act program. All client-specific information shall remain confidentialand only non-identifying aggregate demographic, service, and expenditureinformation shall be made available to the public;
17. Oversee the development and implementation of a uniformset of performance measures for evaluating the Comprehensive Services Actprogram, including, but not limited to, the number of youths served in theirhomes, schools and communities. Performance measures shall be based oninformation: (i) collected in the client-specific database referenced insubdivision 16, (ii) from the mandatory uniform assessment instrumentreferenced in subdivision 11, and (iii) from available and appropriate clientoutcome data that is not prohibited from being shared under federal law and isroutinely collected by the state child-serving agencies that serve on theCouncil. If provided client-specific information, state child serving agenciesshall report available and appropriate outcome data in clause (iii) to theOffice of Comprehensive Services for At-Risk Youth and Families. Outcome datasubmitted to the Office of Comprehensive Services for At-Risk Youth andFamilies shall be used solely for the administration of the ComprehensiveServices Act program. Applicable client outcome data shall include, but not belimited to: (a) permanency outcomes by the Virginia Department of SocialServices, (b) recidivism outcomes by the Virginia Department of JuvenileJustice, and (c) educational outcomes by the Virginia Department of Education.All client-specific information shall remain confidential and onlynon-identifying aggregate outcome information shall be made available to thepublic;
18. Oversee the development and distribution of managementreports that provide information to the public and CPMTs to help evaluate childand family outcomes and public and private provider performance in theprovision of services to children and families through the ComprehensiveServices Act program. Management reports shall include total expenditures onchildren served through the Comprehensive Services Act program as reported tothe Office of Comprehensive Services for At-Risk Youth and Families by statechild-serving agencies on the Council and shall include, but not be limited to:(i) client-specific payments for inpatient and outpatient mental health services,treatment foster care services and residential services made through theMedicaid program and reported by the Virginia Department of Medical AssistanceServices and (ii) client-specific payments made through the Title IV-E fostercare program reported by the Virginia Department of Social Services. The Officeof Comprehensive Services shall provide client-specific information to thestate agencies for the sole purpose of the administration of the ComprehensiveServices Act program. All client-specific information shall remain confidentialand only non-identifying aggregate demographic, service, expenditure, andoutcome information shall be made available to the public;
19. Establish and oversee the operation of an informal reviewand negotiation process with the Director of the Office of ComprehensiveServices and a formal dispute resolution procedure before the State ExecutiveCouncil, which include formal notice and an appeals process, should theDirector or Council find, upon a formal written finding, that a CPMT failed tocomply with any provision of this Act. "Formal notice" means theDirector or Council provides a letter of notification, which communicates theDirector's or the Council's finding, explains the effect of the finding, and describesthe appeal process, to the chief administrative officer of the local governmentwith a copy to the chair of the CPMT. The dispute resolution procedure shallalso include provisions for remediation by the CPMT that shall include a planof correction recommended by the Council and submitted to the CPMT. If theCouncil denies reimbursement from the state pool of funds, the Council and thelocality shall develop a plan of repayment;
20. Deny state funding to a locality where the CPMT fails toprovide services that comply with the Comprehensive Services Act (§ 2.2-5200 etseq.), in accordance with subdivision 19;
21. Biennially publish and disseminate to members of theGeneral Assembly and community policy and management teams a state progressreport on comprehensive services to children, youth and families and a plan forsuch services for the next succeeding biennium. The state plan shall:
a. Provide a fiscal profile of current and previous years'federal and state expenditures for a comprehensive service system for children,youth and families;
b. Incorporate information and recommendations from localcomprehensive service systems with responsibility for planning and deliveringservices to children, youth and families;
c. Identify and establish goals for comprehensive services andthe estimated costs of implementing these goals, report progress towardpreviously identified goals and establish priorities for the coming biennium;
d. Report and analyze expenditures associated with childrenwho do not receive pool funding and have emotional and behavioral problems;
e. Identify funding streams used to purchase services inaddition to pooled, Medicaid, and Title IV-E funding; and
f. Include such other information or recommendations as may benecessary and appropriate for the improvement and coordinated development ofthe state's comprehensive services system; and
22. Oversee the development and implementation of mandatoryuniform guidelines for intensive care coordination services for children whoare at risk of entering, or are placed in, residential care through theComprehensive Services Act program. The guidelines shall: (i) take into accountdifferences among localities, (ii) specify children and circumstancesappropriate for intensive care coordination services, (iii) define intensivecare coordination services, and (iv) distinguish intensive care coordinationservices from the regular case management services provided within the normalscope of responsibility for the child-serving agencies, including the communityservices board, the local school division, local social services agency, courtservice unit, and Department of Juvenile Justice. Such guidelines shalladdress: (a) identifying the strengths and needs of the child and his familythrough conducting or reviewing comprehensive assessments including, but notlimited to, information gathered through the mandatory uniform assessmentinstrument; (b) identifying specific services and supports necessary to meetthe identified needs of the child and his family, building upon the identifiedstrengths; (c) implementing a plan for returning the youth to his home,relative's home, family-like setting, or community at the earliest appropriatetime that addresses his needs, including identification of public or private community-basedservices to support the youth and his family during transition tocommunity-based care; and (d) implementing a plan for regular monitoring andutilization review of the services and residential placement for the child todetermine whether the services and placement continue to provide the mostappropriate and effective services for the child and his family.
(1992, cc. 837, 880, § 2.1-746; 1995, c. 800; 1996, c. 1024;1998, c. 622; 1999, c. 669; 2000, cc. 900, 937; 2001, c. 844; 2002, c. 410;2003, cc. 483, 498; 2004, c. 836; 2005, c. 930; 2008, cc. 39, 170, 277; 2009,cc. 274, 712, 813, 840; 2010, c. 346.)