2006 Code of Virginia § 2.2-5211 - State pool of funds for community policy and management teams

2.2-5211. State pool of funds for community policy and management teams.

A. There is established a state pool of funds to be allocated to communitypolicy and management teams in accordance with the appropriation act andappropriate state regulations. These funds, as made available by the GeneralAssembly, shall be expended for public or private nonresidential orresidential services for troubled youths and families.

The purposes of this system of funding are to:

1. Place authority for making program and funding decisions at the communitylevel;

2. Consolidate categorical agency funding and institute communityresponsibility for the provision of services;

3. Provide greater flexibility in the use of funds to purchase services basedon the strengths and needs of youths and families; and

4. Reduce disparity in accessing services and to reduce inadvertent fiscalincentives for serving children according to differing required local matchrates for funding streams.

B. The state pool shall consist of funds that serve the target populationsidentified in subdivisions 1 through 5 of this subsection in the purchase ofresidential and nonresidential services for children. References to fundingsources and current placement authority for the targeted populations ofchildren are for the purpose of accounting for the funds in the pool. It isnot intended that children be categorized by individual funding streams inorder to access services. The target population shall be the following:

1. Children placed for purposes of special education in approved privateschool educational programs, previously funded by the Department of Educationthrough private tuition assistance;

2. Children with disabilities placed by local social services agencies or theDepartment of Juvenile Justice in private residential facilities or acrossjurisdictional lines in private, special education day schools, if theindividualized education program indicates such school is the appropriateplacement while living in foster homes or child-caring facilities, previouslyfunded by the Department of Education through the Interagency Assistance Fundfor Noneducational Placements of Handicapped Children;

3. Children for whom foster care services, as defined by 63.2-905, arebeing provided to prevent foster care placements, and children placed throughparental agreements, entrusted to local social service agencies by theirparents or guardians or committed to the agencies by any court of competentjurisdiction for purposes of placement in suitable family homes, child-caringinstitutions, residential facilities or independent living arrangements, asauthorized by 63.2-900;

4. Children placed by a juvenile and domestic relations district court, inaccordance with the provisions of 16.1-286, in a private or locallyoperated public facility or nonresidential program, or in a community orfacility-based treatment program in accordance with the provisions ofsubsections B or C of 16.1-284.1; and

5. Children committed to the Department of Juvenile Justice and placed by itin a private home or in a public or private facility in accordance with 66-14.

C. The General Assembly and the governing body of each county and city shallannually appropriate such sums of money as shall be sufficient to (i) providespecial education services and foster care services for children identifiedin subdivisions B 1, B 2 and B 3 and (ii) meet relevant federal mandates forthe provision of these services. The community policy and management teamshall anticipate to the best of its ability the number of children for whomsuch services will be required and reserve funds from its state poolallocation to meet these needs. Nothing in this section prohibits localgovernments from requiring parental or legal financial contributions, wherenot specifically prohibited by federal or state law or regulation, utilizinga standard sliding fee scale based upon ability to pay, as provided in theappropriation act.

D. When a community services board established pursuant to 37.2-501, localschool division, local social service agency, court service unit, or theDepartment of Juvenile Justice has referred a child and family to a familyassessment and planning team and that team has recommended the proper levelof treatment and services needed by that child and family and has determinedthe child's eligibility for funding for services through the state pool offunds, then the community services board, the local school division, localsocial services agency, court service unit or Department of Juvenile Justicehas met its fiscal responsibility for that child for the services fundedthrough the pool. However, the community services board, the local schooldivision, local social services agency, court service unit or Department ofJuvenile Justice shall continue to be responsible for providing servicesidentified in individual family service plans that are within the agency'sscope of responsibility and that are funded separately from the state pool.

Further, in any instance that an individual 18 through 21 years of age,inclusive, who is eligible for funding from the state pool and is properlydefined as a school-aged child with disabilities pursuant to 22.1-213 isplaced by a local social services agency that has custody acrossjurisdictional lines in a group home in the Commonwealth and the individual'sindividualized education program (IEP), as prepared by the placingjurisdiction, indicates that a private day school placement is theappropriate educational program for such individual, the financial and legalresponsibility for the individual's special education services and IEP shallremain, in compliance with the provisions of federal law, Article 2 (22.1-213) of Chapter 13 of Title 22.1, and Board of Education regulations,the responsibility of the placing jurisdiction until the individual reachesthe age of 21, inclusive, or is no longer eligible for special educationservices. The financial and legal responsibility for such special educationservices shall remain with the placing jurisdiction, unless the placingjurisdiction has transitioned all appropriate services with the individual.

E. In any matter properly before a court for which state pool funds are to beaccessed, the court shall, prior to final disposition, and pursuant to 2.2-5209 and 2.2-5212, refer the matter to the community policy andmanagement team for assessment by a local family assessment and planning teamauthorized by policies of the community policy and management team forassessment to determine the recommended level of treatment and servicesneeded by the child and family. The family assessment and planning teammaking the assessment shall make a report of the case or forward a copy ofthe individual family services plan to the court within 30 days of thecourt's written referral to the community policy and management team. Thecourt shall then consider the recommendations. However, the court may makesuch other disposition as is authorized or required by law, and servicesordered pursuant to such disposition shall qualify for funding asappropriated under this section.

(1992, cc. 837, 880, 2.1-757; 1993, c. 567; 1994, cc. 854, 865; 1998, c.534; 1999, c. 669; 2000, c. 914; 2001, c. 844; 2004, cc. 286, 631.)