Del. Jackie Glass

Kinship as Foster Care Prevention Program established. Establishes the Kinship as Foster Care Prevention Program to promoteand support placements of children with relatives by local boardsof social services in order to avoid foster care. The bill providesthat a child is eligible to participate in the Program if the localboard determines that (i) the child is at imminent risk of beingremoved from his home and a preliminary protective order is insufficientto address the child's immediate safety concerns and (ii) the child'sparent or guardian consents to the placement of the child with arelative pursuant to an agreement with the local board developedin accordance with the provisions of the bill.

Public school staffing ratios; teachers; Englishlanguage learner students. Requires state funding to be providedpursuant to the general appropriation act to support divisionwideratios of English language learner students in average daily membershipto full-time equivalent teaching positions as follows: (i) for eachEnglish language learner identified as proficiency level one or two,one position per 20 students; (ii) for each English language learneridentified as proficiency level three or four, one position per 40 students; and (iii) for each English language learner identifiedas proficiency level five or in monitor status, one position per100 students. Current law requires state funding to be provided pursuantto the general appropriation act to support one such teaching positionper 50 English language learner students, regardless of the identifiedEnglish proficiency level of such students.

Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances provided that such conviction occurred more than four years prior to the application date for employment. This bill is identical to SB 626.

Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.

Manufactured home parks; resident rights.Provides that a rental agreement with a term of one year or more will not be automatically renewed if the tenant notifies the landlord60 days prior to the expiration date of such tenant's intent to notrenew the agreement. The bill permits a tenant to not renew a rentalagreement due to a change in terms of the agreement by the landlordif such tenant notifies the landlord of his intent to not renew therental agreement within 30 days of receiving the notice of the changein terms. The bill allows a landlord to include in a written rentalagreement a late fee, not to exceed 10 percent of the amount of therent due and owed, for unpaid rental payments. The bill increasesfrom 60 days or more to less than one year the term of a rental agreementthat may be terminated by written notice at least 60 days prior tothe termination date of the agreement. Finally, the bill removes theright of a landlord to evict a tenant for two or more violationsof any rule or provision of the rental agreement occurring withina six-month period.

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record. The bill directs DMAS to evaluate the possibility of allowing for respite services under certain 1915(c) Home and Community Based Services Medicaid Waivers and submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the General Assembly no later than November 1, 2024. This bill is identical to SB 488.

Conduct of elections; electoral board to meetto ascertain results; permitted period of adjournment. Permitslocal electoral boards, when meeting after an election to ascertainthe results of such election, to adjourn as needed for a period notto exceed seven calendar days from the deadline for timely postmarkedabsentee ballots to be returned in order to be counted. Under currentlaw, the local electoral boards are permitted to adjourn for a periodnot to exceed seven calendar days from the date of the election.The bill contains technical amendments for organizational purposes.

Research and development expenses tax credits. Creates a step-rate reimbursement structure for the major research and development expenses tax credit in an amount equal to (i) 10 percent, up to the first $1 million, of the difference between (a) Virginia qualified research and development expenses paid or incurred by the taxpayer during the taxable year and (b) 50 percent of the average Virginia qualified research and development expenses paid or incurred by the taxpayer for the three taxable years immediately preceding the taxable year for which the credit is being determined and (ii) five percent of such difference in excess of $1 million. Beginning in taxable year 2023, the bill also (a) imposes an annual per taxpayer major research and development expenses tax credit cap of $300,000, except that such cap increases to $400,000 if the Virginia qualified research was conducted in conjunction with a public or private institution of higher education in the Commonwealth, (b) reduces from $24 million to $16 million the aggregate cap on the major research and development expenses tax credit granted for each fiscal year, and (c) increases from $7.77 million to $15.77 million the aggregate cap on the research and development expenses tax credit granted for each fiscal year beginning in taxable year 2023.

Social Work Licensure Compact. Authorizes Virginia to become a signatory to the Social Work Licensure Compact. The Compact allows social workers who have or are eligible for an active, unencumbered license in the compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license that authorizes practice in all other compact member states. The Compact takes effect when it is enacted by a seventh member state. This bill is identical to SB 239.

Commissioner of Behavioral Health and Developmental Services; inclusive housing plan; individuals with disabilities. Directs the Commissioner of Behavioral Health and Developmental Services (the Commissioner) to work with stakeholders to develop a plan to ensure that people with disabilities across the Commonwealth, including individuals affected by the Settlement Agreement entered into on August 23, 2012, pursuant to U.S. of America v. Commonwealth of Virginia, have an opportunity to access affordable and inclusive housing, as defined in the bill. The bill requires the Commissioner to present the plan to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2025.