Title 63.2. Welfare (Social Services)
Chapter 3. Local Social Services
§ 63.2-319.1. Intervention by Commissioner; corrective action plans; assumption of temporary control of local boards.
A. In cases where a local department of social services requests assistance, the Commissioner shall have the authority to utilize Department staff or contract with private entities to provide child welfare services in the locality served by the local board.
B. The Commissioner shall have the authority to create and enforce a corrective action plan for any local board that, in the Commissioner's discretion, (i) fails to provide child welfare services in accordance with applicable law or 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 a child. The corrective action plan shall (a) include specific objectives that the local board shall meet in order to comply with applicable laws and regulations and ensure the health, safety, and well-being of all children about whom a report of abuse or neglect was made or who is in the local board's supervision and control and (b) set the date by which such objectives shall 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 about whom a report of abuse or neglect was properly made or who are in the local board'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'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 that 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.
C. 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's child welfare services. Upon assuming such control, the Commissioner may utilize Department staff or contract with private entities to provide child welfare services in the locality served by the local board. For any period during which a local board is under the Commissioner's control, the Commissioner shall work with the local board and local director to make any adjustments necessary to facilitate the local board's resumption of control over its child welfare services. The Commissioner shall remit control of such child welfare services to the local board upon determining that the local board has made all adjustments necessary to ensure that child welfare 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 about whom a report of abuse or neglect was made in accordance with the provisions of this chapter or who are in the local board's supervision and control.
D. If the local board fails to timely comply with the corrective action plan, the Commissioner, in coordination with the Director of the Department of Planning and Budget, shall have the authority to withhold any funds of the Commonwealth otherwise appropriated for use by the local board until such time that it fully complies with the corrective action plan.
E. For any period during which the local board is under the Commissioner's control, the local board shall maintain the local share of funding for the local department at an unreduced amount.
