VirginiaSB1712026 Regular SessionSenateWALLET

Minor elementary or secondary school students admitted to inpatient treatment; discl. of discharge.

Sponsored By: Barbara A. Favola (Democratic)

Signed by Governor

Summary

Minor elementary or secondary school students admitted to inpatient treatment; certain disclosures to certain school personnel upon discharge. Provides that in the event that the facility to which a minor elementary or secondary school student is admitted to inpatient treatment determines that such minor student requires additional educational services upon discharge from the facility, the parents of such student may opt in to the disclosure, prior to or at the time of such minor student's discharge from the facility, of such determination by the facility to a mental health professional employed in such minor student's school or, if applicable, by the school division in which the student is enrolled. The bill also provides that, in the event that the facility to which a minor elementary or secondary school student is admitted to inpatient treatment determines, based on communications from such minor student to a mental health service provider at such facility, that the student poses a specific and immediate threat to cause serious bodily injury or death to an identified or readily identifiable person or persons at the time of the student's discharge from the facility, the facility shall disclose, prior to or at the time of discharge in accordance with the requirements set forth in relevant law, such determination to a mental health professional employed in such minor student's school or, if applicable, by the school division. The bill also prohibits any such facility from withholding discharge of such a student for the purpose of making any such disclosure. The provisions of the bill have a delayed effective date of January 1, 2027.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Families receive plans before inpatient discharge

Beginning January 1, 2027, facilities must prepare, give, and explain a discharge plan to minors before leaving inpatient treatment. Plans must list needed community services for treatment, housing, nutrition, physical care, and safety. They must identify eligible income subsidies, involved local and state agencies, and needed services that are unavailable. Facilities must send copies to parents and, for children in local social services custody, the department director or designee. For a detention-home placement, copies must go to the petition court and facility superintendent; social services also receives plans for children in its custody. The minor's attorney and guardian ad litem can receive copies upon request. State facilities must use a uniform discharge document developed by Virginia's Department of Behavioral Health and Developmental Services. Minors previously in detention or shelter care must return to that setting or another facility approved by the Department of Juvenile Justice. The sheriff for the jurisdiction where the minor was detained must return them within 24 hours of release. This return rule has an exception when the juvenile court gives written authorization for release before the scheduled date.

School alerts with safeguards for children

Beginning January 1, 2027, parents can opt in before or at discharge to sharing a facility's finding that their child needs extra educational services. The facility shares that finding with a mental health professional employed by the child's school or, when applicable, school division. Facilities must also report a specific, immediate threat at discharge of serious bodily injury or death to an identified or readily identifiable person. That finding must be based on the child's communications to a facility mental health provider. The threat report must reach a school or school-division mental health professional before or at discharge and follow § 54.1-2400.1. Facilities cannot delay discharge solely to make either disclosure. Virginia's Department of Education must create guidelines for proper use of this information and prevent further sharing beyond its original purpose.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 258 • No: 0

Senate vote • 3/10/2026

House substitute agreed to by Senate

Yes: 39 • No: 0 • Other: 1

House vote • 3/9/2026

Passed House with substitute Block Vote

Yes: 96 • No: 0

House vote • 3/4/2026

Reported from Education with substitute

Yes: 21 • No: 0

House vote • 3/3/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Senate vote • 1/27/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote • 1/26/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/26/2026

Education and Health Substitute agreed to

Yes: 0 • No: 0

Senate vote • 1/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/23/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 1/22/2026

Reported from Education and Health with substitute

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0884)

    4/13/2026Governor
  2. Approved by Governor-Chapter 884 (Effective 1/1/2027)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB171)

    3/31/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB171ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. House substitute agreed to by Senate (39-Y 0-N 1-A)

    3/10/2026Senate
  11. Fiscal Impact Statement from Department of Planning and Budget (SB171)

    3/10/2026Senate
  12. Passed House with substitute Block Vote (96-Y 0-N 0-A)

    3/9/2026House
  13. Engrossed by House - committee substitute

    3/9/2026House
  14. committee substitute agreed to

    3/9/2026House
  15. Read third time

    3/9/2026House
  16. Read second time

    3/6/2026House
  17. Committee substitute printed 26108179D-H1

    3/4/2026House
  18. Reported from Education with substitute (21-Y 0-N)

    3/4/2026House
  19. House subcommittee offered

    3/3/2026House
  20. Subcommittee recommends reporting with substitute (10-Y 0-N)

    3/3/2026House
  21. Assigned HED sub: K-12 Subcommittee

    2/26/2026House
  22. Referred to Committee on Education

    2/3/2026House
  23. Read first time

    2/3/2026House
  24. Placed on Calendar

    2/3/2026House
  25. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    1/27/2026Senate

Bill Text

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