HOUSE CONCURRENT RESOLUTION 78

(By Delegates Toney, Howell, Hanshaw (Mr. Speaker), Rowan, Higginbotham and Ellington )

[Originating in the Committee on Education; Reported on March 25, 2021]

Requesting the West Virginia Department of Health and Human Resources, the West Virginia Department of Education and the West Virginia Supreme Court of Appeals to examine, jointly, the multidisciplinary treatment team process for advising the court on the types of services and placement, if any, it determines will best serve the needs of a child subject to juvenile proceedings under the law and to report the results of their examination to the Joint Committee on Government and Finance prior to the 2022 legislative session.  

Whereas, The multidisciplinary treatment team for juvenile proceedings conducted pursuant to §49-4-701 of the Code of West Virginia, 1931, as amended, is delineated in §49-4-406 of the code and includes representatives of the Department of Health and Human Resources, the county superintendent of schools and the Court among the members who shall serve and attend each meeting of the multidisciplinary treatment team so long as they receive notice at least seven days prior to the meeting; and

Whereas, In advising the court as to the types of services the multidisciplinary treatment team has determined are needed and type of placement, if any, which will best serve the needs of the child, the team may determine that an out-of-home placement is best. The team is required to first consider placement at facilities or programs located within the state and may only recommend placement in an out-of-state facility if it concludes that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the child. The team is further required to monitor the progress of the child’s plan, review progress at the regular meetings held at least every three months and report to the court on the progress or if additional modification is necessary; and

Whereas, If a child who is receiving or requires services under an individualized education plan is placed in a residential facility, the costs of providing the educational services are invoiced to the Department of Education and are allocated to the county school system in which the child was last enrolled for at least 45 school days, exclusive of any enrollment documented as due solely to placement in an in-state residential shelter, treatment facility or correction facility. Based on the latest information received from the Department of Education, it is apparent that the tuition costs from out-of-state placements consume 52% of the State Board of Education – Aid for Exceptional Children line item allocated to the county school systems for special education. For many school systems the out-of-state tuition costs allocation consume a large portion of the county’s allocated funds. For seven county school systems, the out-of-state tuition costs allocated to the county exceed the allocated funds; and

Whereas, Best serving the needs of the child through the multidisciplinary treatment team process delineated in §49-4-406 is the paramount objective of the statute and in practice it requires that all team members are adequately noticed of team meetings, well informed of the available options for services and able to participate with authority in representing their area of expertise; therefore be it:

Resolved by the Legislature of West Virginia:

That the West Virginia Department of Health and Human Resources, the West Virginia Department of Education and the West Virginia Supreme Court of Appeals are hereby requested to examine, jointly, the multidisciplinary treatment team process for advising the court on the types of services and placement, if any, it determines will best serve the needs of a child subject to juvenile proceedings under the law and to report the results of their examination to the Joint Committee on Government and Finance prior to the 2022 legislative session; and be it:

Further Resolved,

That the examination shall include the practices used in calling, notice and attendance at meetings of the multidisciplinary treatment team and the processes within the respective jurisdictions of the Departments and Court to ensure that their representatives at the meetings are well informed of the available options for services and are able to participate with authority in representing their area of expertise; and be it:

Further Resolved,

That, subject to the findings of their examination, the West Virginia Department of Health and Human Resources, the West Virginia Department of Education and the West Virginia Supreme Court of Appeals are hereby requested to take such actions within or among their respective jurisdictions as they may determine prudent to improve the processes and communication with respect to the importance of meaningful participation as members of a multidisciplinary treatment team to best serve the needs of the child while first considering placement at facilities or programs located within the state and only recommending placement in an out-of-state facility if the team concludes that there are no available and suitable in-state facilities. The report of the examination shall include any actions taken by the West Virginia Department of Health and Human Resources, the West Virginia Department of Education and the West Virginia Supreme Court of Appeals with respect to improving the multidisciplinary treatment team processes along with any other recommendations they deem prudent for meeting the objectives of the statute; and be it:

Further Resolved,

That the Clerk of the House of Delegates shall transmit a copy of this Resolution to the presiding officers of the West Virginia Department of Health and Human Resources, the West Virginia Department of Education and the West Virginia Supreme Court of Appeals.