HD65 - Children in Need of Services

  • Published: 1989
  • Author: General Assembly. Joint Subcommittee
  • Enabling Authority: House Joint Resolution 247 (Regular Session, 1987)

Executive Summary:
AUTHORITY FOR THE STUDY

The Joint Subcommittee was created in 1987 by House Joint Resolution No. 247, which authorized a study of methods by which state and local agencies may care for and manage children in need of services (CHINS), including runaway children. The study was to include consideration of the development, implementation, coordination and application of resources for such children. Because of the complexity of the issues presented and the need for additional data on which to base final recommendations, the Joint Subcommittee continued its work in 1988 pursuant to HJR 143, agreed to by the 1988 General Assembly (Attachment A).

BACKGROUND

The Youth Planning Council, serving in an advisory capacity to the Department of Corrections and composed of judges, representatives of the Virginia Council on Juvenile Detention, the Virginia Community Residential care Association, the Virginia Delinquency Prevention and Youth Development Association, the regional supervisors and other administrative personnel of the Division of Youth Services of the Department of Corrections, met during 1986 to address issues presented by children in need of services who fail to abide by the orders of the juvenile court. The Council's study responded to legislative efforts for several years to devise a solution to this problem. As a result of its study, the Council proposed legislation, enacted during the 1987 Session as HB 1219, which authorizes the detention of nondelinquent children over fourteen years old for violation of court orders. The Council offered a unanimous report supporting the legislation. (When HB 1219 was introduced in 1987, the Department of Corrections took no position on the legislation but had concerns about its detention provisions.) HB 1219, described in detail later in this report, establishes a new category of nondelinquent child--a "child in need of supervision"--who is subject to this sanction (Attachment B).

The Council also recommended a concurrent study of the issues related to disposition of CHINS generally, including lack of service coordination, overlapping services, and a shortage of resources in agencies with responsibility for dealing with CHINS. The Council identified the problem of CHINS who violate court orders as only one aspect of a larger problem' of serving CHINS adequately and meeting the needs of their families and the community. This recommendation was implemented by HJR 247.

HB 1219 was enacted in 1987 to take effect July 1, 1988. The 1988 General Assembly delayed its effective date to July 1, 1989, with the passage of SB 225, to allow the Joint Subcommittee additional time to thoroughly address these issues and agree on recommendations with the continued study.