Public Comments for 01/31/2023 Appropriations - Health and Human Resources Subcommittee
HB1534 - Loan repayment programs; creates program for mental health professionals.
No Comments Available
HB1550 - Child abuse or neglect; findings of local department of social services, appeal.
Last Name: Achin Organization: self Locality: Prince William

I support this bill. Teachers need far more protections from what has become a hyper-sexualized punish first, punish last system whereby one is guilty until proven innocent. When I was accused and subsequently found guilty absent "beyond a reasonable doubt" evidentiary standard, all appeals were effectively vacated. Appeal to the useless courts? Nope, courts are required to adhere to the trial court's view unless extraordinary circumstances are met (justice isn't one of them). A review before firing only allows the school to prove you were convicted of a felony, something a precocious 5th grader can do. We need to enact this, and far better safeguards for all those of us whose lives were destroyed on mere accusations and assumptions.

Last Name: Hunter Locality: Bedford County

I write in support of House Bill Number 1550 to allow teachers with a founded Child Protective Services Complaint a trial de novo in Circuit Court after state appeals are exhausted. Founded CPS dispositions can occur when teachers defend themselves or defend students in the good faith performance of their teaching duties. Our Virginia Circuit Court due process protections for the wrongly and falsely accused would safeguard teachers' good faith performance of their duties at a time when teachers' safety and the safety of the students are physically threatened. James G. Hunter, III Attorney, Lynchburg

Last Name: Lawrence Drombetta Organization: VEA Locality: Chesterfield

I am an attorney and have represented several individuals who are school personnel accused of abuse. An administrative hearing is very different than a trial. The review by a Circuit Court under the administrative process act is not a meaningful review and is only whether a reasonable fact-finder could have come to the conclusion of the administrative panel. School personnel who have a founded complaint lose their careers. They lose what they have spent years studying for, what they have dedicated their lives towards working for, what they define themselves as. The stakes are much higher for them than the general public. I don't foresee the additional protections of this bill being widely used or being burdensome on DSS or the Courts. While school personnel often have allegations of wrongdoing the majority of these reports are screened out or the initial determination will be unfounded. The small percent that have an initial determination of founded will then go to an informal hearing. These are conducted in a variety of manners around the state. Some allow you to questions witnesses, and present evidence, others do not. Some are conducted not by a neutral party but by the local director who may have been involved in making or approving the initial determination. However the process goes, many of the initial determinations do get reversed prior to going to the state level administrative appeal.

Last Name: Mroz Organization: Strelka Employment Law Locality: Roanoke

My name is Monica Mroz, and I am an attorney with Strelka Employment Law in Roanoke, Virginia. For the last 15 years, I have represented Virginia teachers in various administrative settings, including defending them against CPS complaints. Though CPS views itself as a non-penal agency, I have seen firsthand the devastating impact that an unwarranted CPS complaint can have on a teacher's livelihood. Complaints can be made anonymously and the threshold for screening in a complaint for investigation is extremely low. It is extraordinarily rare for a complaint to be screened out. Unlike the family setting, where CPS can choose to do a family assessment (a process designed to identify education opportunities and needed services) instead of an investigation, when the target of the complaint is an educator, there is only one track: investigation. Investigations have no end but a "finding." Findings are made by a preponderance of the evidence, only. The impact of a finding (after all appeals have been exhausted) against an educator results in licensure revocation (by operation of statute) and entry into a database for 3 to nearly 20 years, depending on the level of the finding. Presence in the database results in teachers being unable to work, or even volunteer to work, with children for the operative period. Initial findings are made by the investigator with a supervisor's approval. There are two intra-agency appeals--one to the Director of the local agency who is the decisionmaker, and one to a hearing officer. While the teacher can bring witnesses, there is no similar ability to compel witnesses, as one may do in court, and rules of evidence do not apply, which permits a great deal of unreliable evidence into the proceedings. As mandatory reporters, school systems have adopted a very cautious aspect, frequently exercising little critical judgment over whether a complaint actually constitutes abuse or neglect, and report as a matter of course. A teacher does have right to counsel, even in their initial interview with CPS during the investigation, but many school system administrations focus on "getting the process over with" once the report has been made, as during the investigation, the teacher is most often placed on administrative leave. The teacher is often pressured to participate in an interview with CPS, immediately, and frequently on school grounds with their administrator present. I have worked with many different local CPS agencies, and do believe the investigators do their best, but find that many are unprepared or overworked, and perhaps not cognizant of the far reaching effects of their investigations and conclusions. Ensuring a circuit court trial for teachers would provide a much needed extra layer of protection for our educators who devote their careers to caring for and securing our children. I have long thought this process, while no doubt conceived to protect children, has gone too far, and the unintended consequence has been to actually remove good and caring teachers from our schools. Thank you for allowing me to speak--please give our teachers this additional layer of process so that they may protect their livelihoods, and so that further miscarriages of justice may be prevented.

HB1827 - Autopsies; decedents in the custody of Department of Corrections.
Last Name: Van Arsdell Locality: Ashburn

Members of the Virginia House: I cannot fully express my absolutely heart-wrenching disappointment in the voting down of bills that are only meant to keep us safer here in the Commonwealth of Virginia. Your lack of awareness around how we here in VA feel day in and day out living in the communities you were elected to support is appalling. Guns have no business on our streets. Especially those designed for war and senseless murder. Our children go to school every day and have to practice lockdown drills because mass murders have tripled in this country over the last five years, many taking place in schools where our babies go every day to learn -- not to fear for their lives. Say that to yourself out loud: MASS MURDERS HAVE TRIPLED IN THE LAST FIVE YEARS. In AMERICA. Does that sound American? Does that make you proud of this country? To me, it feels like a lie. How can that reality apply to the great United States of America? How bout that - UNITED States? That isn't even valid today is it -- we have never been so divided. As a mother, I have never felt such unrelenting nagging anxiety. Why are you so hell-bent on keeping guns on our streets? Have enough lives not been lost? Despite the incessant violence taking place and destroying lives and communities every single day, you do nothing - and point fingers at mental health. Do you know what doesn't help someone mentally ill? Access to guns. You know that this problem is not fixed with one solution. You know that if we invest in mental health, public schools, AND enact common sense gun laws, we would see a huge difference - paying attention to just one piece of this will never get anywhere. I, and every single person I know, is begging you to stand up and do what is right by the American people – ban assault weapons and high-capacity magazines WHILE ALSO looking for ways to improve public schooling and mental health. Work together for once. Haven’t we had enough? Give us a fighting chance at peace and civility. How many more innocent lives must be stolen before elected officials yourself especially see the error of their ways? You are part of the problem if you are not working towards a solution that benefits EVERYONE, including law-abiding gun owners. PLEASE. I pray every night that those who are vehemently against passing measures that only stand to help have a change of heart and finally do what is right for the entire Virginia community so that fewer innocent lives are stolen thanks to shockingly - and dangerously - weak gun laws. ------ Maggie Van Arsdell (703) 485-6551 margaretmvanarsdell@gmail.com

HB1891 - Transcranial magnetic stimulation; DBHDS to establish pilot program.
No Comments Available
HB1904 - Emergency Department Care Management Grant Program and Fund; established and created, report.
Last Name: Wood Locality: Ashburn

HB 2276 Immunization; immunization of children against COVID-19 Informed consent is the basis of medical ethics. Parents should make decisions regarding the health and wellbeing of their children. COVID-19 vaccines do not prevent viral transmission so there is no justification for requiring these vaccines as a requirement for school attendance. This bill specifies that parents shall not be required to immunize their children against COVID-19 in the same manner current Virginia law allows them to determine whether to give them the Haemophilus Influenzae Type b vaccine. In 2020, when the legislature considered and passed HB 1090, which dealt with the manner in which future childhood vaccines would be considered, legislators and their experts confirmed the legislature’s support for keeping parents in charge of their child’s vaccination schedule. In 2021, the Virginia Department of Health proposed a regulation requiring the COVID-19 vaccine as a requirement for school attendance. More than 15,000 Virginians commented on the regulation, with overwhelming opposition (93%) to mandating the shot. Medical professionals around the world are in agreement that there is no scientific rationale for continuing any COVID-19 mandates in 2023 and beyond. HB 2280 Parental consent to surgical and medical treatment of certain minors This bill requires parents and guardians to consent to medical interventions concerning their children, including vaccination. It is important to amend current law to make it clear that parents are in control and make medical decisions for their children. Several cities have attempted to pass orders and laws that allow children as young as 11 years of age to consent to vaccination without parental knowledge! Please do not let this happen in Virginia. Please support this bill to send a clear message that in Virginia, parents are in control and they decide what medical interventions their children receive.

HB1906 - Auxiliary grants; independent community living.
Last Name: Hackler Organization: Virginia Assisted Living Association (VALA) Locality: Virginia

VALA opposes HB1906 expanding the AG program in its present form and funding levels to include another setting. Virginia's Auxiliary Grant (AG) program is not adequately funded or supported for the current eligible settings of assisted living facilities and supportive housing. The AG program needs to be fixed for the current settings before expanding it. Also, independent community living settings are not regulated, and there is confusion on which settings this would specifically pertain to. As per the 2018 report to the VA General Assembly on the Regulation of Independent Living Communities, "within the senior housing market, there is ambiguity surrounding the term 'independent living.' Consultants found the term used inconsistently to define everything from age 55 and-older senior apartments to assisted living facilities. This can lead to confusion among consumers looking for a community to meet their individual requirements." The fiscal impact on the bill may not provide a specific impact number on VDSS, but it would be substantial. VDSS has had difficulties in meeting inspection deadlines and timeframes for assisted living facilities leaving some ALFs operating past their license expirations waiting on inspections. Adding another setting for them to regulate as would be required by HB1906 per the language in 51.5-160.1 would further delay the crucial inspections process and could jeopardize health, safety, and continued operations. ALFs operating past their licensure date waiting on inspectors could be detrimental to their continued operations due to funding, insurance, and managerial oversight requirements. VDSS is already short staffed, and HB 1906 would further impact the availability of staff for licensure operations. Thank you for considering these concerns. Again, VALA opposes HB1906 expanding the AG program in its present form and funding levels to include another setting.

Last Name: Wood Locality: Ashburn

HB 2276 Immunization; immunization of children against COVID-19 Informed consent is the basis of medical ethics. Parents should make decisions regarding the health and wellbeing of their children. COVID-19 vaccines do not prevent viral transmission so there is no justification for requiring these vaccines as a requirement for school attendance. This bill specifies that parents shall not be required to immunize their children against COVID-19 in the same manner current Virginia law allows them to determine whether to give them the Haemophilus Influenzae Type b vaccine. In 2020, when the legislature considered and passed HB 1090, which dealt with the manner in which future childhood vaccines would be considered, legislators and their experts confirmed the legislature’s support for keeping parents in charge of their child’s vaccination schedule. In 2021, the Virginia Department of Health proposed a regulation requiring the COVID-19 vaccine as a requirement for school attendance. More than 15,000 Virginians commented on the regulation, with overwhelming opposition (93%) to mandating the shot. Medical professionals around the world are in agreement that there is no scientific rationale for continuing any COVID-19 mandates in 2023 and beyond. HB 2280 Parental consent to surgical and medical treatment of certain minors This bill requires parents and guardians to consent to medical interventions concerning their children, including vaccination. It is important to amend current law to make it clear that parents are in control and make medical decisions for their children. Several cities have attempted to pass orders and laws that allow children as young as 11 years of age to consent to vaccination without parental knowledge! Please do not let this happen in Virginia. Please support this bill to send a clear message that in Virginia, parents are in control and they decide what medical interventions their children receive.

HB1919 - Pregnant inmates; coverage through state plan for medical assistance.
Last Name: Phipps-Hawkins Organization: Birth in Color RVA Locality: Richmond

Good morning Chair and Members of the Committee. My name is Sequoi Phipps-Hawkins and I am the Director of Communications and Marketing for Birth in Color RVA. I am also a Virginia State Certified Community Based Doula. As a doula, I have seen firsthand the immense need for adequate support during pregnancy and birth that our communities have. Our organization, and our Director Kenda Sutton-EL specifically, have met and interacted with people during the postpartum period and beyond who have previously been incarcerated during pregnancy. They have shared their stories with us and the burden they unknowingly took upon themselves by taking medical furlough in order to birth their babies – because they were not made aware of their right to access emergency Medicaid coverage during medical furlough. This oversight leaves new mothers and parents with medical bills that they are faced with immediately when they are no longer incarcerated. This means that a parent who is reentering the community may simultaneously be finding a job, acclimating to the parenthood of a newborn, and figuring out how to pay the medical bills they did not know they acquired. On behalf of the nearly 100 birth workers who make up the Birth in Color Doula Collective and our organization as a whole, we ask that you would support HB 1919 Pregnant Incarcerated Persons On Medical Furlough Preventing Gaps Medicaid Coverage so that it is required and ensured that pregnant persons on medical furlough are informed of their right to Medicaid Coverage.

HB1963 - Individuals with developmental disabilities; financial flexibility, report.
Last Name: Nicholls Locality: Chesapeake

HB1963 - thank you for looking out on the behalf of disabled persons and helping them to function and be self sufficient. Please report this bill.

HB2093 - State plan for medical assistance services; payment for cranial prostheses.
Last Name: Willis Organization: self Locality: Roanoke City

I am a Certified Peer Support Specialist. I have a barrier crime for a charge I committed in 2014 was charged in 2016. I got clean 12/30/2015. I have completely changed my life and am not the person I was. I worked for NRVCS in Radford Va. I was a CPRS with a Qualified Mental Health Para professional. I worked primarily as a case manager. I trained some case managers that have college degrees, I applied for a position as a Peer Support Specialist Supervisor. The other agency really wanted to hire me and they did only to reject their offer due to my barrier crime. The then called me back 2 weeks later still wanting to hire me. They contacted NRVCS to find out how they hired me, hoping to find a loop hole. They could not. I now work for a non profit that the barrier crime is not a barrier at and I am grateful. My job at NRVCS was then in jeopardy due to being hired illegally. When trying to go through the process with DBHDS I was told by my supervisor at NRVCS that they did not want to rock the boat. I had already started the process however I had no back up to complete the process. This crime has held me back on many different career moves. If you have read this I appreciate you. Thank you! WE need some changes in this bill. I understand there should be some recommendations however it should not be this hard and stressful. Most addicts are going to have drug charges. Thats a given. That does not make me a bad person however my experience, strength, and hope have helped more people than most that do not. If you would like to talk with me my phone number is 5402504804.

HB2232 - State plan for medical assistance services; violence prevention services.
Last Name: Mitchell Organization: Sentara Norfolk General Hospital Locality: Norfolk

We will speak to what the HVIP does in broad terms and its importance in reducing crimes and retaliation/ hospital reentry in the community. This bill would help to keep HVIPs sustainable in the Commonwealth, instead of relying on state grants.

End of Comments