October 10, 2024

Don Carey, Chair

State Board of Social Services

VDSS/Office of Legislative and Regulatory Affairs

5600 Cox Road Glen Allen, VA 23060

Dear Chairman Carey,

The staff of Campbell County Department of Social Services respectfully submits the following comments on the draft regulation for implementing the Parental Child Safety Placement Program (PCSPA) (22VAC40-705, sections 60 & 200). We raise several concerns regarding the current structure of the program, particularly related to timelines, procedures, and the potential unintended consequences for the families and children we serve.

While we support the extension from five to 14 days, which provides a more reasonable timeframe for decision-making, we have significant concerns about the use of Accurint for background checks. In our experience, Accurint often fails to provide comprehensive criminal history information, which compromises the reliability of assessments and raises concerns about making decisions based on incomplete data. Additionally, the complexity of barrier crimes can lead to gaps in understanding among staff, increasing the risk of critical errors in judgment.

We are also concerned that the program's current structure may result in unnecessary foster care placements, particularly in cases where children could remain safely with their families. This approach could increase family separations, which we believe should be avoided whenever possible.

Conflicting guidance on whether to pursue a child protective order or a removal order when a child cannot return home after a PCSPA further complicates the program. While section 22VAC40-705-200(K)(2) specifies that Local Department of Social Services (LDSS) must seek removal, the Virginia Department of Social Services agreement suggests that LDSS can seek a child protective order instead. This inconsistency may lead to varied practices across localities, creating uncertainty in the decision-making process.

Additionally, the five-day timeframe for holding a Family Partnership Meeting (FPM) is insufficient to ensure the participation of all relevant parties, such as noncustodial parents and relatives. Rushing to meet this deadline often results in the exclusion of key individuals. The subsequent transfer to in-home services within this short period is unnecessary and may create duplicative efforts, causing confusion for families.

Requiring a full caregiver assessment during on-call situations, especially at night, presents significant challenges. Logistically, many resources, such as support staff and necessary databases, may be unavailable, making timely assessments difficult. The safety risks associated with nighttime home visits further complicate this, alongside potential staffing shortages that can lead to rushed or incomplete evaluations. The pressure of tight time constraints may force workers to make quick decisions about a child's safety, often resulting in unnecessary removals. Additionally, conducting assessments during odd hours can heighten family stress and disrupt dynamics, potentially eroding trust in the system. The legal and ethical implications of rushed assessments also raise concerns about caregivers' rights to due process. A more flexible approach to off-hour assessments is needed to balance thoroughness with child safety.

We are particularly concerned that the 90-day timeframe for substance use cases is unrealistic. Substance use recovery is often a long process, frequently involving relapses, and the compressed timeline risks setting parents up for failure. This could result in premature foster care placements or placement with relatives or fictive kin. We recommend that protective orders be pursued in substance use cases where concerns cannot be resolved within the 90-day timeframe or with an extension.

Lastly, if the PCSPA is not a viable option that a child cannot safely return home within the 90 days (or with an extension), we suggest allowing agencies to pursue protective orders or court action rather than limiting the alternative to removal.

We value your commitment to ensuring the safety and well-being of children, as well as your ongoing support for Local Departments of Social Services.

With kind regards, I am

                                                                                    Truly yours

Lisa C. Linthicum

Director                                                                                  

Timothy D. Heck

                                                                                    Assistant Director