Va. Code Ann. § 63.2-1403 — Virginia Code / Title 63.2 / Subtitle III / Chapter 14 / Section 63.2-1403
Contents of compacts
Status: in_force

A. A compact entered into pursuant to the authority conferred by this chapter shall have the following content:

1. A provision making it available for joinder by all states.

2. A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal.

3. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.

4. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance.

5. Such other provisions as may be appropriate to implement the proper administration of the compact.

B. A compact entered into pursuant to the authority conferred by this chapter may contain the following provisions in addition to those required pursuant to subsection A:

1. Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.

2. Such other provisions as may be appropriate or incidental to the proper administration of the compact.

1988, c. 154, § 63.1-238.9; 2002, c. 747 .
Va. Code Ann. § 63.2-607 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-607
Eligibility for TANF; minor parent residency
Status: in_force

A. Except as provided in subsection B, an unemancipated minor custodial parent may receive TANF for himself and his child only if the individual and his child reside in the home maintained by his parent or person standing in loco parentis. For purposes of TANF eligibility determination, a minor who receives government-provided public assistance is not considered emancipated unless married.

B. The provisions of subsection A shall not apply if:

1. The individual has no parent or person standing in loco parentis who is living or whose whereabouts are known;

2. The local department determines that the physical or emotional health or safety of the individual or his dependent child would be jeopardized if the individual and dependent child lived in the same residence with the individual's parent or the person standing in loco parentis for the individual; or

3. The local department otherwise determines, in accordance with Board regulations, that there is good cause for waiving the requirements of subsection A.

C. If the individual and his dependent child are not required to live with the individual's parent or the person standing in loco parentis for the individual, the local department shall assist the individual in locating an appropriate adult supervised supportive living arrangement taking into consideration the needs and concerns of the minor and thereafter shall require that the individual and his child reside in such living arrangement or an alternative appropriate arrangement as a condition of the continued receipt of TANF. If the local department is unable, after making diligent efforts, to locate any such appropriate living arrangement, it shall provide case management and other social services consistent with the best interests of the individual and child who live independently.

1995, c. 450 , § 63.1-105.6; 2002, c. 747 .
Va. Code Ann. § 63.2-700 — Virginia Code / Title 63.2 / Subtitle II / Chapter 7 / Section 63.2-700
Repealed
Status: repealed

Repealed by Acts 2003, c. 428 .
Va. Code Ann. § 63.2-1720 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 3 / Section 63.2-1720
Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty
Status: in_force

A. No assisted living facility or adult day center shall hire for compensated employment or continue to employ persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02 . A child-placing agency or independent foster home licensed in accordance with the provisions of this chapter shall not hire for compensated employment or continue to employ persons who (i) have been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All applicants for employment shall undergo background checks pursuant to subsection C.

B. A licensed assisted living facility or adult day center may hire an applicant or continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect, or any substantially similar offense under the laws of another jurisdiction, if five years have elapsed following the conviction.

C. Background checks pursuant to subsection A require:

1. A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and, in the case of licensed child-placing agencies or independent foster homes, whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

2. A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389 ; and

3. In the case of licensed child-placing agencies or independent foster homes, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.

D. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor.

E. A licensed assisted living facility, licensed adult day center, licensed child-placing agency, or licensed independent foster home shall obtain for any compensated employees within 30 days of employment (i) an original criminal record clearance with respect to convictions for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (ii) in the case of licensed child-placing agencies or independent foster homes, (a) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (b) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee shall be permitted to work in a position that involves direct contact with a person or child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment because of information from the central registry or convictions appearing on his criminal history record, the licensed assisted living facility, adult day center, child-placing agency, or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.

F. No volunteer who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth shall be permitted to serve in a licensed child-placing agency or independent foster home. Any person desiring to volunteer at a licensed child-placing agency or independent foster home shall provide the agency, system, or home with a sworn statement or affirmation pursuant to subdivision C 1. Such licensed child-placing agency or independent foster home shall obtain for any volunteers, within 30 days of commencement of volunteer service, a copy of (a) the information from the central registry and (b) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor. If a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, such licensed child-placing agency or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the volunteer. The provisions of this subsection shall apply only to volunteers who will be alone with any child in the performance of their duties and shall not apply to a parent-volunteer of a child attending a licensed child-placing agency or independent foster home, whether or not such parent-volunteer will be alone with any child in the performance of his duties. A parent-volunteer is someone supervising, without pay, a group of children that includes the parent-volunteer's own child in a program that operates no more than four hours per day, provided that the parent-volunteer works under the direct supervision of a person who has received a clearance pursuant to this section.

G. No volunteer shall be permitted to serve in a licensed assisted living facility or licensed adult day center without the permission or under the supervision of a person who has received a clearance pursuant to this section.

H. Further dissemination of the background check information is prohibited other than to the Commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

I. Notwithstanding any other provision of law, a licensed adult day center that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been completed for an employee in accordance with this section and (ii) whether such employee is eligible for employment.

J. A licensed assisted living facility shall notify and provide all students a copy of the provisions of this article prior to or upon enrollment in a certified nurse aide program operated by such assisted living facility.

K. A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.

1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692, 693; 1992, cc. 746, 844, §§ 63.1-173.2, 63.1-194.13; 1993, cc. 17, 657, 730, 742, 957, 993; 1996, c. 747 ; 1998, cc. 551 , 581 ; 1999, cc. 637 , 740 ; 2001, c. 778 ; 2002, c. 747 ; 2005, c. 723 ; 2006, cc. 701 , 764 ; 2014, c. 129 ; 2015, cc. 758 , 770 ; 2016, c. 632 ; 2017, cc. 189 , 201 , 751 , 809 ; 2019, c. 89 ; 2020, cc. 860 , 861 ; 2024, cc. 37 , 150 .
Va. Code Ann. § 63.2-526 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-526
Statewide fraud control program
Status: in_force

A. The Department shall establish a statewide fraud control program to ensure that fraud prevention and investigation are pursued throughout the Commonwealth. The Board shall adopt regulations to implement the provisions of this section.

B. Each local department shall establish fraud prevention and investigation units only insofar as money is appropriated therefor, which shall be staffed with sufficient qualified personnel to fulfill the regulations adopted by the Board. Solely for the purposes of obtaining motor vehicle licensing and registration information from entities within and without the Commonwealth, each local department fraud prevention and investigation unit shall be deemed to be a criminal justice agency as defined in § 9.1-101 . The local departments may contract with other local departments to share a fraud prevention and investigation unit and may contract with private entities to perform fraud investigation. Any private entity performing fraud investigations shall comply with the requirements of § 30-138 and shall not be deemed to be a criminal justice agency.

C. The duties of fraud units may include but shall not be limited to (i) developing methods to prevent the fraudulent receipt of public assistance administered by the local board and (ii) investigating whether persons who receive public assistance through the local board are receiving it fraudulently. The fraud unit shall provide whatever assistance is necessary to attorneys for the Commonwealth in prosecuting cases involving fraud.

D. There is hereby created in the state treasury a special nonreverting fund to be known as the Fraud Recovery Special Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All overpayment moneys collected or recovered by local departments related to food stamp, Temporary Assistance for Needy Families, and other federal benefit programs administered by the Department net of any refunds due the federal government shall be paid into the state treasury and credited to the Fund, except as prohibited by federal law or regulation. Any moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of funding state and local fraud control programs.

Funding for local and state fraud control activities shall be comprised of (i) general funds appropriated for this activity, (ii) any federal funds available for this purpose, and (iii) balances in the Fund.

E. Local departments shall apply to the Commissioner for reimbursement from the Fund for the local share of direct costs. The Commissioner shall authorize reimbursements to the local departments from the Fund as provided in the general appropriation act. To receive or continue receiving reimbursements from the Fund, the local departments shall administer their fraud and investigation units in compliance with Board regulations. The number of local fraud workers for which the state will provide reimbursement in each locality shall be determined by Board regulations.

1992, c. 190, § 63.1-58.2; 1998, c. 775 ; 2000, c. 459 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1925 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 5 / Section 63.2-1925
Certain amount of income that may be withheld by lien or order
Status: in_force

Whenever a support lien, order to withhold and deliver property or order for withholding of income is served upon any person, firm, corporation, association, political subdivision or department of this Commonwealth asserting a support debt against income and there is any such income in the possession of such person, then that person shall withhold from the disposable income as defined in § 63.2-100 (i) the amount stated in the lien, the order to withhold and deliver property, or the order for withholding of income; or (ii) the maximum amount permitted under § 34-29 , whichever is less. The order shall show the maximum percentage of disposable income which may be withheld pursuant to § 34-29 . The lien or order to withhold and deliver shall continue to operate and require such person, firm, corporation, association, political subdivision, or department of this Commonwealth to withhold the nonexempt portion of income at each succeeding income disbursement interval until the entire amount of the support debt stated in the lien has been withheld. The order for withholding of income continues until further notice by first-class or certified mail, return receipt requested, or by electronic means from the Department is received by the employer.

1974, c. 413, § 63.1-257; 1976, c. 357; 1978, c. 564; 1982, c. 402; 1985, c. 488; 1998, c. 727 ; 2002, c. 747 ; 2003, c. 469 ; 2016, c. 29 .
Va. Code Ann. § 63.2-1953 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1953
Disposition of funds collected as debts to Department
Status: in_force

Funds collected as a debt to the Department pursuant to the provisions of this chapter shall be placed in a special fund of the Department for use in the enforcement of the provisions of this chapter.

1975, c. 302, § 63.1-251.1; 1988, c. 906, § 63.1-274.1; 2002, c. 747 .
Va. Code Ann. § 63.2-325.1 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-325.1
Criminal background checks required
Status: in_force

A. The local board shall require all employees, contractors, or final candidates for employment within the local department who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual's fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department shall conduct a criminal background check for any individual:

1. Who is responsible for the health, safety, and welfare of citizens;

2. With access to sensitive or confidential information, including access to federal tax information, in approved exchange agreements with the Internal Revenue Service or Social Security Administration; or

3. Who is otherwise required by state or federal law or local ordinance to be subject to criminal background checks.

The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists for that individual, shall make a report to the local board or local director.

B. Individuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child abuse and neglect database maintained by another jurisdiction. The Central Registry or other child abuse and neglect database shall report the results of such search to:

1. The local board or its designee if the search request concerns a local director or an applicant for local director; or

2. The local director if the search request concerns any other employment position at the local department.

C. No local department shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person's past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person's last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

D. If a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the employee or contractor that such information contributed to the suitability determination.

E. At the Commissioner's request, the local department shall provide any background check information obtained pursuant to this section to the Commissioner. Further dissemination of such information is prohibited by anyone other than the Commissioner or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

2024, c. 555 .
Va. Code Ann. § 63.2-208 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-208
Standards for personnel
Status: in_force

The Commissioner shall enforce the minimum education, professional and training requirements and performance standards as determined by the Board for personnel employed in the administration of this title and remove each employee who does not meet such standards.

Code 1950, § 63-46; 1968, cc. 578, 670, § 63.1-37; 2002, c. 747 .
Va. Code Ann. § 63.2-600 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-600
Temporary Assistance for Needy Families (TANF); purpose; administration
Status: in_force

A. There is hereby created the Temporary Assistance for Needy Families Program, hereinafter referred to as TANF or the "Program." The Program shall be administered by the Department in compliance with Titles IV-A and IV-F of the Social Security Act and related federal regulations (excluding 45 C.F.R. Parts 255 and 256), as such laws and regulations were in effect at the time of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 on August 22, 1996, to the extent that such laws and regulations do not conflict with (i) those sections of P.L. 104-193 which are mandatory; (ii) waivers granted by the Department of Health and Human Services to Virginia in effect as of January 1, 1997; (iii) state laws and regulations; (iv) the State Plan For Title IV-A of the Social Security Act: Financial Assistance Aid to Families with Dependent Children in effect as of September 30, 1996; or (v) the Title IV-F of the Social Security Act Job Opportunities and Basic Skills Training Program State Plan in effect as of September 30, 1996. Further, in any instance where a state law or regulation enacted pursuant to a waiver conflicts with the terms of P.L. 104-193 or the Title IV-A or IV-F State Plans, such state law or regulation shall control.

B. The General Assembly declares that it is the policy of the Commonwealth to support the efforts of public agencies and charitable and community groups seeking to assist low-income Virginians in their efforts to become self-sufficient. To this end, the Department is designated as the state agency responsible for coordinating state efforts in this regard.

1997, cc. 575 , 621 , § 63.1-86.1; 2002, c. 747 ; 2011, cc. 4 , 857 .
Va. Code Ann. § 63.2-1954 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 10 / Section 63.2-1954
Distribution of collection
Status: in_force

Support payments received by the Department pursuant to one or more judicial or administrative orders, or a combination thereof, shall be allocated among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department shall prorate the payments on the basis of any amounts due for current support under each such order. Upon satisfaction of any amounts due for current support, the Department shall prorate the remainder of the payments on the basis of accrued arrearages owed to the obligees under each such order. Payments received pursuant to federal tax refund offset shall be allocated pursuant to subsection h of 45 C.F.R. § 303.72.

All support payments received by the Department shall be distributed to the obligee within two business days of receipt, provided that sufficient information accompanies the payment or is otherwise available to the Department within that time to identify the obligee and the place to which distribution should be made. The term "business day" means any day that is not a Saturday, Sunday, legal holiday or other day on which state offices are closed.

1992, c. 199, § 63.1-251.2; 1997, c. 562 ; 2002, c. 747 ; 2015, c. 52 .
Va. Code Ann. § 63.2-1715 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 2 / Section 63.2-1715
Exemptions from licensure
Status: in_force

A. No person to whom parental and legal custodial powers have been delegated pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 shall be required to obtain a license to operate an independent foster home or approval as a foster parent from the Commissioner.

B. Officers, employees, or agents of the Commonwealth, or of any county, city, or town acting within the scope of their authority as such, who serve as or maintain a child-placing agency shall not be required to be licensed.

1993, cc. 730, 742, § 63.1-196.001; 1994, cc. 837 , 940 ; 1999, c. 454 ; 2000, cc. 61 , 1058 ; 2002, c. 747 ; 2003, c. 467 ; 2006, c. 725 ; 2011, c. 363 ; 2014, c. 130 ; 2016, c. 442 ; 2017, c. 748 ; 2018, cc. 189 , 244 , 810 ; 2019, cc. 297 , 667 ; 2020, cc. 860 , 861 .
Va. Code Ann. § 63.2-306 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-306
Local boards established by two or more political subdivisions
Status: in_force

The provisions of §§ 63.2-302 and 63.2-304 notwithstanding, the Board, with the prior consent of the Governor, may establish districts consisting of two or more counties or cities or combinations of cities and counties. Except as provided in § 63.2-307 , there shall be one district board of not less than three nor more than nine members for each such district. There shall be at least one member of the district board from each county and city in the district. Additional representation from one or more counties or cities within the stipulated maximum may be determined by the Board, with population being the principal factor in such determination. Appointments to the district board shall be made by the governing body of each county and city in the district, upon certification of the establishment of such district by the Board. The Board shall designate the initial term of each district board member to be not less than one nor more than four years in duration, so as to provide for a balanced overlapping of terms. Subsequent appointments shall be for terms of four years each, except appointments to fill a vacancy, which shall be for the unexpired term. Appointments to fill unexpired terms shall not be considered full terms, and such persons shall be eligible to be appointed to two consecutive full terms. No member shall serve for more than two consecutive full terms. A member who serves two consecutive full terms shall be ineligible for reappointment to the district board until the end of an intervening one-year period dating from the expiration of the last of the two consecutive terms. Before requesting the Governor's approval for establishment of any such district, the Board shall consult with the governing body of each county or city that would be included in the district. No county or city shall be included in any such district served by one board unless the local governing body so elects. The district board of any district consisting of two or more counties or cities or combinations of counties and cities shall be considered to be a local board.

Administrative costs of a district board shall be borne by the participating local governments on the basis of population and case load with equal weight being given to each factor or in such manner as the respective governing bodies provide by agreement.

In cases in which a district board includes a county, a member of the board of supervisors of such county may be a member of the local board.

In cases in which a district board includes a city, a member of the council of such city may be a member of the local board, notwithstanding any provision of the charter of any city in force on March 4, 1971.

Code 1950, § 63-51; 1952, c. 409; 1956, c. 126; 1968, cc. 578, 584, § 63.1-44; 1970, c. 465; 1971, Ex. Sess., c. 138; 1973, c. 201; 1980, cc. 377, 383; 1989, c. 356; 1992, c. 169; 1996, c. 481 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1520 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1520
Photographs and X-rays of child; use as evidence
Status: in_force

In any case of suspected child abuse, photographs and X-rays of the child may be taken without the consent of the parent or other person responsible for such child as a part of the medical evaluation. Photographs of the child may also be taken without the consent of the parent or other person responsible for such child as a part of the investigation or family assessment of the case by the local department or the court; however, such photographs shall not be used in lieu of medical evaluation. Such photographs and X-rays may be introduced into evidence in any subsequent proceeding.

The court receiving such evidence may impose such restrictions as to the confidentiality of photographs of any minor as it deems appropriate.

1975, c. 341, § 63.1-248.13; 1978, c. 553; 2000, c. 500 ; 2002, c. 747 .
Va. Code Ann. § 63.2-920 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 2 / Section 63.2-920
Continuing services and support
Status: in_force

Continuing services and support provided under the Fostering Futures program shall include the following, where necessary:

1. Medical care under the state plan for medical assistance;

2. Housing, placement, and support in the form of continued foster care maintenance payments in an amount not less than the rate set immediately prior to the program participant's exit from foster care. Policies and decisions regarding housing options shall take into consideration the program participant's autonomy and developmental maturity, and safety assessments of such living arrangements shall be age-appropriate and consistent with federal guidance on supervised settings in which program participants live independently. For program participants residing in an independent living setting, the local department may send all or part of the foster care maintenance payments directly to the program participant, as agreed upon by the local department and the program participant. For program participants residing in a foster family home, foster care maintenance payments shall be paid to the foster parents; and

3. Case management services, including a case plan that describes (i) the program participant's housing or living arrangement; (ii) the resources available to the program participant in the transition from the Fostering Futures program to independent adulthood; and (iii) the services and support to be provided to meet the program participant's individual goals, provided such services and support are appropriate for and consented to by the program participant. All case plans shall be developed in consultation with the program participant and, at the participant's option, with up to two members of the case planning team who are chosen by the program participant and are not a foster parent of or caseworker for such program participant. An individual selected by a program participant to be a member of the case planning team may be removed from the team at any time if there is good cause to believe that the individual would not act in the best interests of the program participant.

2020, cc. 95 , 732 .
Va. Code Ann. § 63.2-1706.1 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 1 / Section 63.2-1706.1
Inspections of child welfare agencies; prioritization
Status: in_force

The Commissioner shall prioritize inspections of child welfare agencies in the following order: (i) inspections conducted in response to a complaint involving a child welfare agency and (ii) inspections of child welfare agencies that are not conducted in response to a complaint.

2019, c. 273 ; 2020, cc. 860 , 861 .
Va. Code Ann. § 63.2-900 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-900
Accepting children for placement in homes, facilities, etc., by local boards
Status: in_force

A. Pursuant to § 63.2-319 , a local board shall have the right to accept for placement in suitable family homes, children's residential facilities or independent living arrangements, subject to the supervision of the Commissioner and in accordance with regulations adopted by the Board, such persons under 18 years of age as may be entrusted to it by the parent, parents or guardian, committed by any court of competent jurisdiction, or placed through an agreement between it and the parent, parents or guardians where legal custody remains with the parent, parents, or guardians.

The Board shall adopt regulations for the provision of foster care services by local boards, which shall be directed toward the prevention of unnecessary foster care placements and towards the immediate care of and permanent planning for children in the custody of or placed by local boards and that shall achieve, as quickly as practicable, permanent placements for such children. The local board shall first seek out kinship care options to keep children out of foster care and as a placement option for those children in foster care, if it is in the child's best interests, pursuant to § 63.2-900.1 . In cases in which a child cannot be returned to his prior family or placed for adoption and kinship care is not currently in the best interests of the child, the local board shall consider the placement and services that afford the best alternative for protecting the child's welfare. Placements may include but are not limited to family foster care, treatment foster care, and residential care; however, the local board shall seek to place the child with a foster family within the locality of the local board or a nearby locality through the collaborative local board placement program set forth in subsection F, provided that such placement is in the best interests of the child. Services may include but are not limited to assessment and stabilization, diligent family search, intensive in-home, intensive wraparound, respite, mentoring, family mentoring, adoption support, supported adoption, crisis stabilization or other community-based services. The Board shall also approve in foster care policy the language of the agreement required in § 63.2-902 . The agreement shall include at a minimum a Code of Ethics and mutual responsibilities for all parties to the agreement.

Within 30 days of accepting for foster care placement a person under 18 years of age whose father is unknown, the local board shall request a search of the Virginia Birth Father Registry established pursuant to Article 7 (§ 63.2-1249 et seq.) of Chapter 12 to determine whether any man has registered as the putative father of the child. If the search results indicate that a man has registered as the putative father of the child, the local board shall contact the man to begin the process to determine paternity.

The local board shall, in accordance with the regulations adopted by the Board and in accordance with the entrustment agreement or other order by which such person is entrusted or committed to its care, have custody and control of the person so entrusted or committed to it until he is lawfully discharged, has been adopted or has attained his majority.

Whenever a local board places a child where legal custody remains with the parent, parents or guardians, the board shall enter into an agreement with the parent, parents or guardians. The agreement shall specify the responsibilities of each for the care and control of the child.

The local board shall have authority to place for adoption, and to consent to the adoption of, any child properly committed or entrusted to its care when the order of commitment or entrustment agreement between the parent or parents and the agency provides for the termination of all parental rights and responsibilities with respect to the child for the purpose of placing and consenting to the adoption of the child.

The local board shall also have the right to accept temporary custody of any person under 18 years of age taken into custody pursuant to subdivision B of § 16.1-246 or § 63.2-1517 . The placement of a child in a foster home, whether within or without the Commonwealth, shall not be for the purpose of adoption unless the placement agreement between the foster parents and the local board specifically so stipulates.

B. Prior to the approval of any family for placement of a child, a home study shall be completed and the prospective foster or adoptive parents shall be informed that information about shaken baby syndrome, its effects, and resources for help and support for caretakers is available on a website maintained by the Department as prescribed in regulations adopted by the Board. Home studies by local boards and licensed child-placing agencies shall be conducted in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department. All home studies, including all related approval documentation other than background checks, conducted pursuant to this section, whether by a local board or a licensed child-placing agency, shall be transferable between all localities, local boards, and licensed child-placing agencies within the Commonwealth at the request of the prospective foster parent, subject to any time limitations or other requirements imposed by law or regulation.

C. Prior to placing any such child in any foster home or children's residential facility, the local board shall enter into a written agreement with the foster parents, pursuant to § 63.2-902 , or other appropriate custodian setting forth therein the conditions under which the child is so placed pursuant to § 63.2-902 . However, if a child is placed in a children's residential facility licensed as a temporary emergency shelter, and a verbal agreement for placement is secured within eight hours of the child's arrival at the facility, the written agreement does not need to be entered into prior to placement, but shall be completed and signed by the local board and the facility representative within 24 hours of the child's arrival or by the end of the next business day after the child's arrival.

Agreements entered into pursuant to this subsection shall include a statement by the local board that all reasonably ascertainable background, medical, and psychological records of the child, including whether the child has been the subject of an investigation as the perpetrator of sexual abuse, have been provided to the foster home or children's residential facility.

D. Within 72 hours of placing a child of school age in a foster care placement, as defined in § 63.2-100 , the local social services agency making such placement shall, in writing, (i) notify the principal of the school in which the student is to be enrolled and the superintendent of the relevant school division or his designee of such placement, and (ii) inform the principal of the status of the parental rights.

If the documents required for enrollment of the foster child pursuant to § 22.1-3.1 , 22.1-270 or 22.1-271.2 , are not immediately available upon taking the child into custody, the placing social services agency shall obtain and produce or otherwise ensure compliance with such requirements for the foster child within 30 days after the child's enrollment.

E. Every local board shall submit to the Department through its statewide automated system the names of all foster parents licensed to provide foster care services in the locality served by the local board and update such list quarterly.

F. The Department shall establish and implement a collaborative local board placement program to increase kinship placements and the number of locally approved foster homes. Such program shall require local boards within each Department of Social Services region to work collaboratively to (i) facilitate approval of kinship foster parents through engagement, assessment, and training and (ii) expand the pool of available foster homes within and across the localities of such local boards.

Code 1950, § 63-73; 1952, c. 409; 1960, c. 331; 1968, cc. 466, 578, § 63.1-56; 1975, cc. 248, 406; 1977, cc. 559, 562, 634, 645; 1978, c. 734; 1984, c. 734; 1986, c. 281; 1991, c. 34; 1994, c. 865 ; 1999, c. 889 ; 2002, c. 747 ; 2004, c. 70 ; 2005, cc. 343 , 653 ; 2006, c. 360 ; 2008, cc. 241 , 308 ; 2010, c. 551 ; 2011, cc. 9 , 170 ; 2015, c. 531 ; 2017, cc. 193 , 200 ; 2018, c. 694 ; 2019, c. 446 ; 2022, Sp. Sess. I, c. 10 ; 2023, c. 340 .
Va. Code Ann. § 63.2-1614 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 3 / Section 63.2-1614
Authority to receive and grant funds
Status: in_force

Subject to regulations of the Board and to the availability of state or federal funds for services to the victims of domestic violence, the Department is authorized to:

1. Receive state and federal funds for services to the victims of domestic violence;

2. Disperse funds through matching grants to local, public or private nonprofit agencies to provide service programs for the victims of domestic violence; and

3. Develop and implement grant mechanisms for funding such local services.

1980, c. 597, § 63.1-318; 2002, c. 747 .
Va. Code Ann. § 63.2-1807 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1807
Certification in cardiopulmonary resuscitation; do not resuscitate orders
Status: in_force

The owners or operators of any assisted living facility may provide that their employees who are certified in cardiopulmonary resuscitation (CPR) shall not be required to resuscitate any resident for whom a valid written order not to resuscitate in the event of cardiac or respiratory arrest has been issued by the attending physician and has been included in the resident's individualized service plan.

1996, c. 775 , § 63.1-174.3; 2002, c. 747 .
Va. Code Ann. § 63.2-100.1 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-100.1
Certified mail; subsequent mail or notices may be sent by regular mail
Status: in_force

Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.

2011, c. 566 .
Va. Code Ann. § 63.2-524 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-524
Denial of benefits upon finding of fraudulent acts
Status: in_force

Any individual applying for or receiving benefits under the federal Food Stamp program or the Temporary Assistance for Needy Families program may be denied such benefits in accordance with federal law if such person is found by a court or pursuant to an administrative hearing to have intentionally (i) made a false or misleading statement or misrepresented, concealed or withheld facts, or (ii) committed any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity, for the purpose of establishing or maintaining eligibility for such benefits.

The Board is authorized to adopt regulations governing conduct of administrative hearings and denial of benefits authorized by this section.

1989, c. 373, § 63.1-124.2; 1992, c. 189; 2002, c. 747 .
Va. Code Ann. § 63.2-601.1 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-601.1
Temporary Assistance for Needy Families Fund established
Status: in_force

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Temporary Assistance for Needy Families Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All donations and contributions to the Fund and such moneys as shall be appropriated by the General Assembly shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this section. Moneys in the Fund shall be used to:

1. Supplement the assistance provided through the Department's administration of the Temporary Assistance for Needy Families block grant; and

2. Assist the Commonwealth in maximizing the amount of funds available to serve the stated purposes of the TANF program by leveraging individual, corporate, and charitable donations.

B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to 10 percent of the Fund may be used to pay the Department's expenses in administering the Temporary Assistance for Needy Families Program.

C. The Department shall administer the Fund in accordance with the provisions of this section.

2011, cc. 4 , 857 .
Va. Code Ann. § 63.2-1220 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1220
Issuance of birth certificates for children adopted in the Commonwealth
Status: in_force

For the purpose of securing a new birth certificate for a child adopted pursuant to the laws of the Commonwealth, the procedures set forth in § 32.1-262 shall be followed. The Department shall furnish a document listing all post-adoption services available to adoptive families to the State Registrar of Vital Records for distribution to adoptive parents pursuant to § 32.1-261 .

The Department of Social Services shall update annually and make available on its website the document listing all post-adoption services available to adoptive families pursuant to this section.

1970, c. 672, § 63.1-221.1; 2000, c. 830 , § 63.1-219.27; 2002, c. 747 ; 2003, c. 985 ; 2011, c. 486 ; 2015, cc. 5 , 17 .
Va. Code Ann. § 63.2-209.1 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-209.1
Office of New Americans
Status: in_force

A. There is created in the Department an Office of New Americans (the Office) to assist immigrant integration within the Commonwealth on an economic, social, and cultural level.

B. The Office shall:

1. Implement a statewide strategy to promote the economic, linguistic, and civic integration of new Americans in the Commonwealth;

2. Work with localities to coordinate and support local efforts that align with the statewide strategy to promote the economic, linguistic, and civic integration of new Americans in the Commonwealth;

3. Provide advice and assistance to new Americans regarding (i) the citizenship application process and (ii) securing employment, housing, and services for which such persons may be eligible;

4. Provide advice and assistance to state agencies regarding (i) the coordination of relevant policies across state agencies responsible for education, workforce, and training programs, including professional licensure guidance, small business development, worker protection, refugee resettlement, citizenship and voter education or engagement programs, housing programs, and other related programs, and (ii) the dissemination of information to localities and immigration service organizations regarding state programs that help new Americans find and secure employment, housing, and services for which they may be eligible;

5. Educate localities and immigration service organizations on health epidemics and unlawful predatory actions, such as human trafficking, gang recruitment, and fraudulent financial and other schemes, to which communities of such persons may be especially vulnerable;

6. Serve as the primary liaison with external stakeholders, particularly immigrant-serving and refugee-serving organizations and businesses, on immigrant integration priorities and policies;

7. Partner with state agencies and immigrant-serving and refugee-serving organizations and businesses to identify and disseminate beneficial immigrant integration policies and practices throughout the Commonwealth;

8. Manage competitive grant programs that replicate beneficial practices or test new innovations that improve the effectiveness and efficacy of immigrant integration strategies; and

9. Advise the Governor, cabinet members, and the General Assembly on strategies to improve state policies and programs to support the economic, linguistic, and civic integration of new Americans throughout the Commonwealth.

2020, cc. 1078 , 1079 .
Va. Code Ann. § 63.2-503 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-503
Procedure upon receipt of application
Status: in_force

A. Upon receipt of the application for public assistance, the local director or Commissioner shall make or cause to be made promptly an investigation to determine the completeness and correctness of the statements contained in the application and to ascertain the facts supporting the application and such other information as the local department or the Commissioner may require to determine whether an applicant is eligible for public assistance.

B. In conducting the investigation required by subsection A, and only when consistent with federal law and regulations, the local director shall verify each applicant's identity, income, assets, and any other information necessary for the purpose of determining eligibility for public assistance, eliminating the duplication of assistance, and deterring fraud.

C. In cases in which information obtained as a result of the investigation required by subsection A is inconsistent with information provided by the applicant at the time of application or otherwise suggests that the applicant may not be eligible for public assistance, the local director shall notify the applicant in writing and provide opportunity for the applicant to explain the discrepancy. If the applicant fails to respond within 10 days of the date of such notice, the local director shall deny the application for public assistance. If the applicant responds within 10 days of such notice, upon receipt of such response, the local director shall conduct such further investigation as may be necessary to verify the applicant's response and resolve the discrepancy or other issue arising from comparing the information provided by the applicant with information obtained as a result of the investigation required by subsection A. If the local director determines that the information obtained as a result of the investigation required by subsection A is accurate, and that as a result the applicant is ineligible for public assistance, the local director shall so notify the applicant and public assistance shall be denied. In any case in which the local director believes that the applicant has obtained or attempted to obtain public assistance by means of willful false statements or representations, impersonation, or other fraudulent devices, the local director shall initiate a fraud investigation pursuant to § 63.2-526 .

D. The Department shall establish a means to obtain and provide the data necessary for the local departments to conduct the search required by subsection B in an automated electronic format. In doing so, the Department may use a third-party contractor. The local department shall immediately take action upon obtaining information indicating a change in a recipient's circumstances that could warrant reconsideration, cancellation, or changes in the amount of public assistance paid to the recipient in accordance with the provisions of § 63.2-514 .

E. The Department shall report to the General Assembly no later than December 1 of each year the following:

1. Which specific types or sources of information local directors used, either directly or through a third-party contractor, during the past year for the purpose of verifying applicants' identity, income, assets, and other information pursuant to subsection B; and

2. Any types or sources of information that the Department plans to make available to local directors to use in the future to verify applicants' identity, income, assets, and other information and the approximate date on which the local directors plan to begin using those types or sources of information.

F. The Department shall include in its report required pursuant to subsection E the number of applications for public assistance received in accordance with this section, the number of cases in which eligibility for public assistance was approved or denied, and the number of cases referred for investigation and the reasons in each case.

G. The Board may by regulation authorize the local directors to provide immediate and temporary assistance to persons pending action of the local departments.

H. In the event that any provision of this section conflicts with federal law or regulations, provisions of federal law shall prevail.

Code 1950, §§ 63-117, 63-140.4, 63-143, 63-181, 63-207, 63-212; 1960, c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 781, § 63.1-108; 1974, c. 422; 2002, c. 747 ; 2015, cc. 509 , 513 .
Va. Code Ann. § 63.2-1252 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 7 / Section 63.2-1252
Search of registry
Status: in_force

A. If no father-child relationship has been established pursuant to § 20-49.1 , a petitioner for adoption shall obtain from the Department a certificate that a search of the Virginia Birth Father Registry was performed. If the conception or birth of the child occurred in another state, a petitioner for adoption shall obtain a certificate from that state indicating that a search of the putative father registry was performed, if that state has a putative father registry.

B. The Department shall furnish to the requester a certificate of search of the registry upon the request of an individual, court, or agency listed in § 63.2-1251 . Any such certificate shall be signed on behalf of the Department and state that a search has been made of the registry and a registration containing the information required to identify the registrant has been found and is attached to the certificate of search or has not been found. Within four business days from the receipt of the request, the Department shall mail the certificate to the requestor by United States mail. Upon request of the requestor and payment of any additional costs, the Department shall have the certificate delivered to the requestor by overnight mail, in person, by messenger, by facsimile or other electronic communication. The Department's certificate or an appropriate certificate from another state shall be sufficient proof the registry was searched.

C. A petitioner shall file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.

D. A certificate of search of the Virginia Birth Father Registry is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.

2006, c. 825 ; 2015, c. 531 ; 2017, c. 200 .
Va. Code Ann. § 63.2-1216 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1216
Final order not subject to attack after six months
Status: in_force

After the expiration of six months from the date of entry of any final order of adoption from which no appeal has been taken to the Court of Appeals, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, for any reason, including but not limited to fraud, duress, failure to give any required notice, failure of any procedural requirement, or lack of jurisdiction over any person, and such order shall be final for all purposes.

Code 1950, § 63-361; 1954, c. 489; 1968, c. 578, § 63.1-237; 1984, c. 703; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.23; 2002, c. 747 .
Va. Code Ann. § 63.2-905.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-905.1
Independent living services
Status: in_force

Local departments and licensed child-placing agencies shall provide independent living services to any person between 18 and 21 years of age who is in the process of transitioning from foster care to self-sufficiency. Any person who was committed or entrusted to a local board or licensed child-placing agency may choose to discontinue receiving independent living services any time before his twenty-first birthday in accordance with regulations adopted by the Board. The local board or licensed child-placing agency shall restore independent living services at the request of that person provided that (i) the person has not yet reached 21 years of age and (ii) the person has entered into a written agreement, less than 60 days after independent living services have been discontinued, with the local board or licensed child-placing agency regarding the terms and conditions of his receipt of independent living services.

Local departments and licensed child-placing agencies shall provide independent living services to any person between 18 and 21 years of age who (a) was in the custody of the local department of social services immediately prior to his commitment to the Department of Juvenile Justice, (b) is in the process of transitioning from a commitment to the Department of Juvenile Justice to self-sufficiency, and (c) provides written notice of his intent to receive independent living services and enters into a written agreement for the provision of independent living services, which sets forth the terms and conditions of the provision of independent living services, with the local board or licensed child-placing agency within 60 days of his release from commitment to the Department of Juvenile Justice.

Local departments shall provide any person who chooses to leave foster care or terminate independent living services before his twenty-first birthday written notice of his right to request restoration of independent living services in accordance with this section by including such written notice in the person's transition plan. Such transition plan shall be created within 90 days prior to the person's discharge from foster care. Local departments and licensed child-placing agencies may provide independent living services as part of the foster care services provided to any child 14 years of age or older. All independent living services shall be provided in accordance with regulations adopted by the Board.

2004, c. 196 ; 2008, cc. 187 , 475 , 483 ; 2010, c. 257 ; 2013, cc. 5 , 362 , 564 ; 2014, cc. 94 , 134 .
Va. Code Ann. § 63.2-2102 — Virginia Code / Title 63.2 / Subtitle VI / Chapter 21 / Section 63.2-2102
Powers and duties of the Board of Trustees
Status: in_force

The Board of Trustees shall have the authority to:

1. Encourage, approve, and accept gifts, contributions, bequests, or grants in cash or otherwise from any source, public or private, to carry out the purposes of the Family and Children's Trust Fund;

2. Administer and disburse any funds available to the Family and Children's Trust Fund;

3. Engage in fundraising activities to expand and perpetuate the Family and Children's Trust Fund;

4. Establish a nonprofit organization to assist in the details of administering its affairs and in raising funds;

5. Monitor the use of funds to ensure the accountability of the recipients of funds;

6. Advise the Department, the Board of Social Services, and the Governor on matters concerning programs for the prevention of child abuse and neglect and family violence, the treatment of abused and neglected children and their families, and such other issues related to child abuse and neglect and family violence as identified by the Commissioner;

7. Communicate to the Departments of Behavioral Health and Developmental Services, Corrections, Criminal Justice Services, Education, Health, and Juvenile Justice, other state agencies as appropriate, and the Attorney General activities of the Board of Trustees related to efforts to prevent and treat child abuse and neglect and violence within families;

8. Encourage public awareness activities concerning child abuse and neglect and violence within families;

9. Adopt bylaws and other internal rules for the efficient management of the Family and Children's Trust Fund; and

10. Administer all matters necessary and convenient to carry out the powers and duties expressly given in this chapter.

1986, c. 416, § 63.1-329; 2002, c. 747 ; 2012, cc. 803 , 835 ; 2024, c. 427 .
Va. Code Ann. § 63.2-330 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 2 / Section 63.2-330
Compensation
Status: in_force

The local director and other persons employed to administer the provisions of this title in each county or city shall be paid such compensation by such county or city as shall be fixed by the local board or other appointing authority within the compensation plan provided in the merit system plan. With the approval of the Board and the local governing body, the local board may provide that the local director and such other employees shall be paid compensation in excess of the maximums permitted in the compensation plan. Such excess compensation shall be paid wholly from the funds of such county or city and any federal funds that are available and appropriate for such use.

Code 1950, § 63-82; 1964, c. 359; 1968, cc. 467, 578, § 63.1-66; 2002, c. 747 .
Va. Code Ann. § 63.2-503.1 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-503.1
Legal presence required for public assistance; exceptions; proof of legal presence
Status: in_force

A. In addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance pursuant to this subtitle, except for state or local public assistance that is mandated by Federal Law pursuant to 8 U.S.C. § 1621.

B. In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is 19 years of age or older shall provide affirmative proof that he is a U.S. citizen or is legally present in the United States. Such affirmative proof shall consist of documentary evidence as required pursuant to § 46.2-328.1 or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide such affirmative proof; however, such person upon reaching the age of 19 years shall comply with the provisions of this section.

An applicant who cannot provide proof that he is a citizen or legally present at the time of application shall sign an affidavit under oath attesting that he is a U.S. citizen or legally present in the United States in order to receive temporary benefits as provided in this section. The affidavit shall be on or consistent with forms prepared by the Commissioner, and shall be subject to and include an explanation of the provisions of § 63.2-502 relating to penalties for knowingly providing false information on a public document. The agency shall report in writing to the appropriate attorney for the Commonwealth those who are determined to have falsely attested to lawful presence.

Once an applicant has provided the sworn affidavit required by this subsection, he shall be eligible to receive temporary benefits for either:

1. Ninety days or until such time that it is determined that he is not legally present in the United States, whichever is earlier, or

2. Indefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued in accordance with § 32.1-259 or 32.1-260 or any substantially similar law of another state, the District of Columbia, or United States territory or commonwealth. Such extension shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.

C. The provisions of subsection B shall not apply to persons applying for benefits exempted by subsection A of this section and subsection A of § 32.1-325.03 .

2005, cc. 867 , 876 .
Va. Code Ann. § 63.2-1305 — Virginia Code / Title 63.2 / Subtitle III / Chapter 13 / Section 63.2-1305
Federal-Funded Kinship Guardianship Assistance program
Status: in_force

A. The Federal-Funded Kinship Guardianship Assistance program is established to facilitate placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. Kinship guardianship assistance payments may include Title IV-E maintenance payments, state-funded maintenance payments, and nonrecurring expense payments made pursuant to this section.

B. A child is eligible for kinship guardianship assistance under the program if:

1. The child has been removed from his home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child;

2. The child was eligible for foster care maintenance payments under 42 U.S.C. § 672 or under state law while residing for at least six consecutive months in the home of the prospective kinship guardian;

3. Being returned home or adopted is not an appropriate permanency option for the child;

4. The child demonstrates a strong attachment to the prospective kinship guardian, and the prospective kinship guardian has a strong commitment to caring permanently for the child; and

5. The child has been consulted regarding the kinship guardianship if the child is 14 years of age or older.

C. If a child does not meet the eligibility criteria set forth in subsection B but has a sibling who meets such criteria, the child may be placed in the same kinship guardianship with his eligible sibling, in accordance with 42 U.S.C. § 671(a)(31), if the local department and kinship guardian agree that such placement is appropriate. In such cases, kinship guardianship assistance may be paid on behalf of each sibling so placed.

D. In order to receive payments under 42 U.S.C. § 674(a)(5) or pursuant to the Children's Services Act (§ 2.2-5200 et seq.), the local department and the prospective kinship guardian of a child who meets the requirements of subsection B shall enter into a written kinship guardianship assistance agreement negotiated by the Department and containing terms providing for the following:

1. The amount of each kinship guardianship assistance payment, the manner in which such payments will be provided, and the manner in which such payments may be adjusted periodically, in consultation with the kinship guardian, on the basis of the circumstances of the kinship guardian and the needs of the child;

2. The additional services or assistance, if any, for which the child and kinship guardian will be eligible under the agreement;

3. The procedure by which the kinship guardian may apply for additional services as needed;

4. Subject to 42 U.S.C. § 673(d)(1)(D), assurance that the local department shall pay the total cost of nonrecurring expenses associated with obtaining kinship guardianship of the child, to the extent that the total cost does not exceed $2,000; and

5. Assurance that the agreement shall remain in effect without regard to the state of residency of the kinship guardian.

E. A kinship guardianship assistance payment on behalf of a child pursuant to this section shall not exceed the foster care maintenance payment that would have been paid on behalf of the child had the child remained in a foster family home.

F. The Board shall promulgate regulations for the Federal-Funded Kinship Guardianship Assistance program that are necessary to comply with Title IV-E requirements, including those set forth in 42 U.S.C. § 673. The regulations may set forth qualifications for kinship guardians, the conditions under which a kinship guardianship may be established, the requirements for the development and amendment of a kinship guardianship assistance agreement, and the manner of payments on behalf of siblings placed in the same household.

G. For purposes of this section, "relative" means an adult who is (i) related to the child by blood, marriage, or adoption or (ii) fictive kin of the child.

2018, cc. 769 , 770 ; 2020, cc. 224 , 366 ; 2021, Sp. Sess. I, c. 254 .
Va. Code Ann. § 63.2-1225 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 2 / Section 63.2-1225
Determination of appropriate home
Status: in_force

A. In determining the appropriate home in which to place a child for adoption, a married couple or an unmarried individual shall be eligible to receive placement of a child for purposes of adoption. Prior to or after the acceptance of custody of a child placed for adoption, a licensed child-placing agency or a local board shall consider the recommendations of the birth parent(s), a physician or attorney licensed in the Commonwealth, or a clergyman who is familiar with the situation of the prospective adoptive parent(s) or the child. No birth parent, physician, attorney or clergyman shall advertise that he is available to make recommendations, nor shall he charge any fee for such recommendations to a board or agency, except that an attorney may charge for legal fees and services rendered in connection with such placement.

B. The agency or local board may give consideration to placement of the child with the recommended adoptive parent(s) if the agency or local board finds that such placement is in the best interest of the child. When the birth parent(s) has recommended such placement, the agency or local board shall provide the birth parent(s) the opportunity to be represented by independent legal counsel as well as the opportunity for counseling with a social worker, family-services specialist, or other qualified equivalent worker. The agency or board also shall advise the prospective adoptive parent(s) of the right to be represented by independent legal counsel. The parties may, but are not required to, exchange identifying information as provided for in subdivision A 3 of § 63.2-1232 .

1989, c. 647, § 63.1-220.2; 1990, c. 202; 1991, c. 364; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.32; 2002, c. 747 ; 2003, c. 779 ; 2006, cc. 654 , 825 ; 2009, c. 805 ; 2014, c. 285 .
Va. Code Ann. § 63.2-1930 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1930
Civil liability upon failure to comply with lien, order, etc
Status: in_force

Should any person, firm, corporation, association, political subdivision or department of this Commonwealth fail to answer an order to withhold and deliver within the time prescribed herein, or fail or refuse to deliver property pursuant to said order, or after actual notice of filing of a support lien, pay over, release, sell, transfer, or convey real or personal property subject to a support lien to or for the benefit of the debtor or any other person, or fail or refuse to surrender upon demand property distrained under § 63.2-1933 or fail or refuse to honor a voluntary assignment of wages under § 63.2-1945 presented by the Commissioner, such person, firm, corporation, association, political subdivision or department of this Commonwealth shall be liable to the Department in an amount equal to 100 percent of the value of the debt which is the basis of the lien, order to withhold and deliver, distraint, or an income withholding order or voluntary assignment of wages. A noncustodial parent's employer issued an income withholding order by first-class mail or electronic means pursuant to § 63.2-1923 or 63.2-1924 shall not be liable to the Department unless the Department shows that such employer had actual notice of the withholding order.

1974, c. 413, § 63.1-258; 1976, c. 357; 1985, c. 488; 2002, c. 747 ; 2003, c. 469 ; 2016, c. 29 .
Va. Code Ann. § 63.2-1211 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1211
Revocation of interlocutory order
Status: in_force

The circuit court may, by order entered of record, revoke its interlocutory order of adoption at any time prior to the entry of the final order, for good cause shown, on its own motion, or on the motion of the birth parents of the child, or of the petitioner, or of the child himself by his next friend, or of the child-placing agency, which placed the child with the petitioners or of the Commissioner; but, no such order of revocation shall be entered, except on motion of the petitioner, unless the petitioner is given ten days' notice of such motion in writing and an opportunity to be heard or has removed from the Commonwealth. The clerk of the circuit court shall forward an attested copy of every such order to the Commissioner and to the child-placing agency that placed the child.

When an interlocutory order has been entered and subsequently is revoked, the circuit court may proceed in the same manner as set forth in § 63.2-1209 to enter an order concerning the subsequent custody or guardianship of the child.

Code 1950, § 63-353; 1954, c. 489; 1964, c. 429; 1968, c. 578, § 63.1-227; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.18; 2002, c. 747 .
Va. Code Ann. § 63.2-1601 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 1 / Section 63.2-1601
Authority to provide adult foster care services
Status: in_force

Each local board is authorized to provide adult foster care services that may include recruitment, approval, and supervision subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5.

1978, c. 180, § 63.1-55.1:1; 2002, c. 747 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 63.2-1916 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 4 / Section 63.2-1916
Notice of administrative support order; contents; hearing; modification
Status: in_force

The Commissioner may proceed against a noncustodial parent whose support debt has accrued or is accruing based upon subrogation to, assignment of, or authorization to enforce a support obligation. Such obligation may be created by a court order for support of a child or child and spouse or decree of divorce ordering support of a child or child and spouse. In the absence of such a court order or decree of divorce, the Commissioner may, pursuant to this chapter, proceed against a person whose support debt has accrued or is accruing based upon payment of public assistance or who has a responsibility for the support of any dependent child or children and their custodial parent. The administrative support order shall also provide that support shall continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until such child reaches the age of 19 or graduates from high school, whichever comes first. The Commissioner shall initiate proceedings by issuing notice containing the administrative support order which shall become effective unless timely contested. The notice shall be served upon the debtor (a) in accordance with the provisions of § 8.01-296 , 8.01-327 or 8.01-329 or (b) by certified mail, return receipt requested, or by electronic means, or the debtor may accept service by signing a formal waiver. A copy of the notice shall be provided to the obligee. The notice shall include the following:

1. A statement of the support debt or obligation accrued or accruing and the basis and authority under which the assessment of the debt or obligation was made. The initial administrative support order shall be effective on the date of service and the first monthly payment shall be due on the first of the month following the date of service and the first of each month thereafter. A modified administrative support order shall be effective the date that notice of the review is served on the nonrequesting party, and the first monthly payment shall be due on the first day of the month following the date of such service and on the first day of each month thereafter. In addition, an amount shall be assessed for the partial month between the effective date of the order and the date that the first monthly payment is due. The assessment for the initial partial month shall be prorated from the effective date through the end of that month, based on the current monthly obligation. All payments are to be credited to current support obligations first, with any payment in excess of the current obligation applied to arrearages, if any;

2. A statement of the name, date of birth, and last four digits of the social security number of the child or children for whom support is being sought;

3. A statement that support shall continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support, until such child reaches the age of 19 or graduates from high school, whichever comes first;

4. A demand for immediate payment of the support debt or obligation or, in the alternative, a demand that the debtor file an answer with the Commissioner within 10 days of the date of service of the notice stating his defenses to liability;

5. If known, the full name, date of birth, and last four digits of the social security number of each parent of the child; however, when a protective order has been issued or the Department otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, only the name of the party at risk shall be included in the order;

6. A statement that if no answer is made on or before 10 days from the date of service of the notice, the administrative support order shall be final and enforceable, and the support debt shall be assessed and determined subject to computation, and is subject to collection action;

7. A statement that the debtor may be subject to mandatory withholding of income, the interception of state or federal tax refunds, interception of payments due to the debtor from the Commonwealth, notification of arrearage information to consumer reporting agencies, passport denial or suspension, or incarceration and that the debtor's property will be subject to lien and foreclosure, distraint, seizure and sale, an order to withhold and deliver, or withholding of income;

8. A statement that the parents shall keep the Department informed regarding access to health insurance coverage and health insurance policy information and a statement that health care coverage shall be required for the parents' dependent children if available at reasonable cost as defined in § 63.2-1900 , or pursuant to subsection A of § 63.2-1903 . If a child is enrolled in Department-sponsored health care coverage, the Department shall collect the cost of the coverage pursuant to subsection E of § 20-108.2 ;

9. A statement of each party's right to appeal and the procedures applicable to appeals from the decision of the Commissioner;

10. A statement that the obligor's income shall be immediately withheld to comply with this order unless the obligee, or the Department, if the obligee is receiving public assistance, and obligor agree to an alternative arrangement;

11. A statement that any determination of a support obligation under this section creates a judgment by operation of law and as such is entitled to full faith and credit in any other state or jurisdiction;

12. A statement that each party shall give the Department written notice of any change in his address, including email address, or phone number, including cell phone number, within 30 days;

13. A statement that each party shall keep the Department informed of (i) the name, telephone number, and address of his current employer; (ii) any change to his employment status; and (iii) if he has filed a claim for or is receiving benefits under the provisions of Title 60.2. The statement shall further specify that any such change in employment status or filing of a claim shall be communicated to the Department in writing within 30 days of such change or filing;

14. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount applied toward arrearages) at the time of emancipation until all arrearages are paid;

15. A statement that a petition may be filed for suspension of any license, certificate, registration, or other authorization to engage in a profession, trade, business, occupation, or recreational activity issued by the Commonwealth to a parent as provided in § 63.2-1937 upon a delinquency for a period of 90 days or more or in amount of $5,000 or more. The order shall indicate whether either or both parents currently hold such an authorization and, if so, the type of authorization held;

16. A statement that the Department of Motor Vehicles may suspend or refuse to renew the driving privileges of any person upon receipt of notice from the Department of Social Services that the person (i) is delinquent in the payment of child support by 90 days or in an amount of $5,000 or more or (ii) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings; and

17. A statement that on and after July 1, 1994, the Department of Social Services, as provided in § 63.2-1921 and in accordance with § 20-108.2 , may initiate a review of the amount of support ordered by any court.

If no answer is received by the Commissioner within 10 days of the date of service or acceptance, the administrative support order shall be effective as provided in the notice. The Commissioner may initiate collection procedures pursuant to this chapter, Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 or Title 20. The debtor and the obligee have 10 days from the date of receipt of the notice to file an answer with the Commissioner to exercise the right to an administrative hearing.

Any changes in the amount of the administrative order must be made pursuant to this section. In no event shall an administrative hearing alter or amend the amount or terms of any court order for support or decree of divorce ordering support. No administrative support order may be retroactively modified, but may be modified from the date that notice of the review has been served on the nonrequesting party. Notice of each review shall be served on the nonrequesting party (1) in accordance with the provisions of § 8.01-296 , 8.01-327 , or 8.01-329 , (2) by certified mail, return receipt requested, (3) by electronic means, or (4) by the nonrequesting party executing a waiver. The existence of an administrative order shall not preclude either an obligor or obligee from commencing appropriate proceedings in a juvenile and domestic relations district court or a circuit court.

1985, c. 488, § 63.1-252.1; 1986, c. 594; 1987, cc. 640, 649; 1988, c. 906; 1991, cc. 651, 694; 1993, c. 534; 1994, c. 764 ; 1995, cc. 593 , 600 ; 1996, cc. 879 , 884 , 889 ; 1997, cc. 796 , 895 ; 1998, cc. 107 , 885 ; 2002, cc. 747 , 844 ; 2004, c. 204 ; 2006, cc. 720 , 869 ; 2007, c. 600 ; 2009, cc. 706 , 713 ; 2016, c. 29 ; 2020, cc. 1227 , 1246 ; 2021, Sp. Sess. I, c. 222 .
Va. Code Ann. § 63.2-1922 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 4 / Section 63.2-1922
Commissioner may set amount of debt accrued where no court order or final divorce decree
Status: in_force

The Commissioner may, at any time, consistent with the provisions of § 63.2-1918 , set or reset the amount of the debt accrued or accruing, due and owing under this chapter in those cases where there has been no court order for support or final decree of divorce ordering support entered.

1974, c. 413, § 63.1-264; 1977, c. 538; 1985, c. 488; 1988, cc. 906, 907; 2002, c. 747 .
Va. Code Ann. § 63.2-504 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-504
Decision of local department that applicant entitled to public assistance
Status: in_force

Upon completion of the investigation, the local department shall determine whether the applicant is eligible for public assistance under this subtitle, and, if eligible, the amount of such public assistance and the date upon which such public assistance shall begin. If the local department approves the payment of public assistance, such public assistance shall thereupon, until changed, modified, or revoked, be paid as hereinafter provided.

Code 1950, §§ 63-118, 63-144, 63-182, 63-208; 1968, cc. 578, 781, § 63.1-109; 1974, c. 422; 2002, c. 747 ; 2015, c. 513 .
Va. Code Ann. § 63.2-905 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-905
Foster care services
Status: in_force

Foster care services are the provision of a full range of casework, treatment, and community services, including but not limited to independent living services, for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or in need of services as defined in § 16.1-228 and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board or the public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board or licensed child placing agency, or (iv) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C. § 673 or the State-Funded Kinship Guardianship Assistance Program set forth in § 63.2-1306 . Foster care services also include the provision and restoration of independent living services to a person who is over the age of 18 years but who has not yet reached the age of 21 years, in accordance with § 63.2-905.1 .

1977, cc. 562, 634, § 63.1-55.8; 1986, c. 281; 1994, c. 865 ; 2002, c. 747 ; 2008, cc. 475 , 483 ; 2013, c. 5 ; 2018, cc. 769 , 770 ; 2021, Sp. Sess. I, c. 254 .
Va. Code Ann. § 63.2-1920 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 4 / Section 63.2-1920
Department may order exchange of financial information
Status: in_force

The Department may order the obligor and payee to notify each other at specified intervals of current gross income as defined in § 20-108.2 and any other pertinent information which may affect child support amounts. For good cause shown, the Department may order that such information be provided to the Department and made available to the parties for inspection in lieu of the parties' providing such information directly to each other.

1988, c. 907, § 63.1-264.1; 2002, c. 747 .
Va. Code Ann. § 63.2-102 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-102
Allowing access to records and information for public assistance programs and child support enforcement; penalty
Status: in_force

A. All records, information and statistical registries of the Department and local boards and other information that pertain to public assistance and child support enforcement provided to or on behalf of any individual shall be confidential and shall not be disclosed except to persons specified hereinafter and to the extent permitted by state and federal law and regulation. The local boards shall allow the Commissioner, at all times, to have access to the records of the local boards relating to the appropriation, expenditure and distribution of funds for, and other matters concerning, public assistance under this title.

Except as provided by state and federal law and regulation, no record, information or statistical registries concerning applicants for and recipients of public assistance and child support shall be made available except for purposes directly connected with the administration of such programs. Such purposes include establishing eligibility, determining the amount of the public assistance and child support, and providing social services for applicants and recipients. It shall be unlawful for any person to disclose, directly or indirectly, any such confidential information, and any person violating these provisions shall be guilty of a Class 1 misdemeanor.

B. If a request for a record or information concerning applicants for and recipients of public assistance or child support is made to the Department or a local department for a purpose not directly connected to the administration of such programs, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.

C. If a request for a record or information, including personally identifiable information, concerning 25 or more applicants for or recipients of public assistance or child support is made to the Department or a local department for a purpose not directly connected to the administration of such programs and the Commissioner determines that he must share the information under state or federal law, the Commissioner shall make a public notice available on the Department's website within 10 days of receiving the request. If a local department receives a request for a record or information, including personally identifiable information, concerning 25 or more applicants for or recipients of public assistance or child support, the local director shall forward such request to the Commissioner to evaluate whether compliance with such request is necessary and, if appropriate, issue a public notice in accordance with this section. Such notice shall include:

1. That the Department or local department received a request for information;

2. The type of record or information requested;

3. When the Department or local department received the request;

4. The identity of the requestor or requesting entity and the stated purpose for the request;

5. The public assistance program for which the requestor requested information;

6. Whether the Department or local department intends to comply with the request and, if applicable, the date by which such compliance will occur; and

7. Contact information for a representative of the Department or local department who shall respond to questions or concerns.

The public notice required by this subsection shall not include personally identifiable information for any applicant for or recipient of social services. The Commissioner or local director shall make such notice available regardless of whether information requested has previously been provided to the requesting entity or any other entity and regardless of whether the applicant or recipient previously consented to the sharing of their information. Requests for information requiring public notice pursuant to this subsection include requests from any federal agency, other state government, law-enforcement agency, or other agency whose principal obligation does not include providing public assistance to individuals and families in the Commonwealth, except where such requests are permitted pursuant to subsection A. Public notice pursuant to this subsection shall be required even when a request is made in compliance with state and federal law and regulation.

Code 1950, §§ 63-41, 63-68, 63-140, 63-140.15, 63-161, 63-204, 63-220; 1952, c. 287; 1962, c. 621; 1968, cc. 43, 466, 578, §§ 63.1-34, 63.1-53, 63.1-126; 1970, c. 233; 1972, c. 718; 1974, c. 417; 1975, c. 311; 1984, c. 498; 1986, c. 594; 1988, c. 906; 1996, c. 455 ; 2001, c. 518 ; 2002, c. 747 ; 2026, c. 689 .
Va. Code Ann. § 63.2-1808.2 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1808.2
(For contingent effective date, see Acts 2026, c. 496, cl. 2) Electronic monitoring in resident rooms
Status: in_force

A. As used in this section:

"Electronic monitoring" means the use of a surveillance device with a fixed position video camera or audio recording device, or a combination thereof, which is installed in a resident's room and broadcasts or records activities or sounds occurring within the confines of the room. "Electronic monitoring" does not include use of a device that enables audio communication into the resident's room from another source.

"Family member" means the resident's spouse, parent, stepparent, child, stepchild, sibling, half-sibling, grandparent, or grandchild.

"Legal representative" means a person legally responsible for representing or standing in the place of the resident for the conduct of his affairs. This may include a guardian, conservator, attorney-in-fact under durable power of attorney, trustee, or other person expressly named by a court of competent jurisdiction or the resident as his agency in a legal document that specifies the scope of the representative's authority to act. A legal representative may only represent or stand in the place of a resident for the function for which he has legal authority to act.

B. All requests for electronic monitoring shall be made in writing and signed by the resident or, if the resident has been legally deemed incompetent, the resident's legal representative. Only electronic monitoring in accordance with this section is permitted.

Electronic monitoring shall be permitted only:

1. Upon the informed consent of the resident or resident's legal representative, which shall be obtained prior to the installation or use of any electronic monitoring device. Consent for electronic monitoring shall be kept in the resident's record;

2. When the resident resides:

a. In a room with no roommates; or

b. In a room with any roommates and obtains written consent to visual recording from such roommates or, if any roommate has been legally deemed incompetent, such roommate's legal representative. When a resident resides with any roommates, only video electronic monitoring shall be permitted pursuant to this subsection;

3. Upon execution of an agreement for the sharing and release of medical data and information protected by the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.) signed by the resident or resident's legal representative or, if applicable, any such agreement signed by any roommate or roommate's legal representative shall be kept in all consenting individuals' records; and

4. When the assisted living facility has secured and password-protected wireless internet access or other means available to operate the electronic monitoring device without modification to the assisted living facility or a change in level or capacity of internet access.

C. An assisted living facility shall allow electronic monitoring of a resident of an assisted living facility if the electronic monitoring is conducted in accordance with this section. An assisted living facility shall not refuse to admit an individual and shall not discharge or transfer a resident due to a request to conduct authorized electronic monitoring.

D. Family members shall not implement or activate electronic monitoring over the objections of or contrary to the instructions of the resident or the resident's legal representative. No electronic monitoring equipment may be installed over the objections of or contrary to the instructions of the resident or resident's legal representative.

E. Assisted living facilities shall designate one or more staff persons to be the point of contact for electronic monitoring requests and for providing information and policies upon request during normal business hours.

F. Except as provided in subsection O, assisted living facilities may assume custodial ownership of any recordings from electronic monitoring devices from the resident or resident's legal representative. Recordings from electronic monitoring devices shall not be considered part of the resident's record.

G. If an assisted living facility chooses to assume ownership of recordings from electronic monitoring devices pursuant to subsection F, the assisted living facility shall not permit viewings of recordings without consent of the resident or resident's legal representative except to the extent that disclosure is required by law or for quality assurance purposes.

H. An assisted living facility shall not be held liable for any breach of data or privacy related to the presence of the electronic monitoring device.

I. An assisted living facility shall require its staff to immediately report any incidents regarding safety or quality of care discovered or reported to staff as a result of viewing a recording from an electronic monitoring device to the administrator of the assisted living facility.

J. An assisted living facility shall have no obligation to seek access to a recording for which it has not assumed custodial ownership or to have knowledge of a recording's content unless (i) the assisted living facility is aware of a recorded incident of suspected abuse or neglect or of an accident or injury based upon a report received by the facility of such incident, accident, or injury or (ii) the resident, the resident's legal representative, or a government agency seeks to use a recording.

K. Unless an assisted living facility chooses to assume ownership of any recordings from an electronic monitoring device, the resident or resident's legal representative shall be responsible for all aspects of the operation of the electronic monitoring device, including the removal and replacement of recordings; adherence to local, state, and federal privacy laws; and use of firewall protections to prevent images that would violate obscenity laws from being inadvertently shown on the internet.

L. An assisted living facility shall prohibit assigned staff from refusing to enter a resident's room solely because of electronic monitoring.

M. An assisted living facility shall make reasonable physical accommodations for electronic monitoring devices, including:

1. Providing a reasonably secure place to mount the device; and

2. Providing reasonable access to power sources if already in proximity to the device.

N. An assisted living facility shall require a resident or resident's legal representative to pay for all costs, other than the cost of electricity, associated with the purchase and installation of the electronic monitoring device. In addition, an assisted living facility offering facility-managed electronic monitoring may charge a one-time fee not to exceed $150 when the electronic monitoring device is installed along with a security deposit not to exceed $250. An assisted living facility may charge a monthly fee not to exceed $10 to cover costs associated with the electronic monitoring device. Such costs may include equipment, secured and password-protected wireless internet and server capabilities, compliance with life safety and building and electrical codes, maintenance or removal of the equipment, posting and removal of any public notices, or structural repairs to the building resulting from the removal of the equipment. Assisted living facilities shall give 45 days' notice of an increase in monthly fees.

O. The resident or resident's legal representative of a room with an electronic monitoring device may verbally or in writing condition consent to the installation or use of the electronic monitoring device. Such conditions on consent may include (i) the ability of the resident, any roommate, or staff at the request of the resident or any roommate, to turn off or disable the audio or video electronic monitoring device during certain periods of time and (ii) a prohibition on the ability of the assisted living facility to, pursuant to subsection F, choose to assume custodial ownership of any recordings from the electronic monitoring device after the electronic monitoring device has been installed and is operational. If the resident or resident's legal representative or any roommate or roommate's legal representative places any such conditions on consent, the assisted living facility and staff shall ensure that the installation, use, and operation of the electronic monitoring device and any electronic monitoring or other activities conducted in connection therewith are conducted in compliance with such conditions.

P. The assisted living facility shall conspicuously post and maintain a notice at the entrance to the resident's room stating that an electronic monitoring device is in operation.

Q. Assisted living facilities shall notify assigned staff for the resident when electronic monitoring is in use in a resident's room pursuant to this section.

R. Each assisted living facility shall adopt policies and procedures for electronic monitoring consistent with this section.

S. Each assisted living facility shall adopt a policy prohibiting staff from willfully tampering with electronic monitoring devices in violation of this section. Adjusting or disabling an electronic monitoring device during the provision of patient care shall not constitute willful tampering if such adjusting or disabling is done in order to protect the dignity of a resident or at the direction of the resident or resident's legal representative.

T. If the placement or position of the electronic monitoring device creates risk to an assisted living facility employee, resident, or any roommate, or if the resident or resident's legal representative or family member violates the assisted living facility's policies and procedures for electronic monitoring, the equipment may be disabled and removed and the resident, resident's legal representative, or family member responsible for the electronic monitoring device shall be notified of the removal.

2026, c. 496 .
Va. Code Ann. § 63.2-1942 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 7 / Section 63.2-1942
Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to debtor; set-off debt collection
Status: in_force

The Commissioner may delegate authority to conduct any administrative hearing pursuant to this chapter to a duly qualified hearing officer. The hearing shall be held upon reasonable notice to the obligee and the debtor. In no event shall such hearing officer be legally competent to render a decision as to the validity of a court order or a defense of nonpaternity. A decision of the hearing officer shall be in writing and shall set forth the debtor's and payee's rights to appeal the decision of the hearing officer to the appropriate circuit or juvenile and domestic relations district court. The decision shall be served upon the debtor in accordance with the provisions of § 8.01-296 , 8.01-327 or 8.01-329 , mailed to the debtor at his last known address by certified mail, return receipt requested, or provided by electronic means, or the debtor may waive service of the decision at the time of the decision. A copy of such decision shall also be provided to the obligee. Such decision shall establish the liability of the debtor, if any, and the validity of the administrative action taken.

Action by the Commissioner under the provisions of this chapter to collect such support debt shall be valid and enforceable during the pendency of any appeal. The Commissioner may file and serve liens pursuant to §§ 63.2-1927 and 63.2-1928 during the pendency of the hearing or thereafter, whether or not appealed. Further action under § 63.2-1929 may be taken prior to any hearing or appeal. If the decision is in favor of the debtor, all money collected during the pendency of the appeal shall be returned to the debtor in accordance with procedures adopted by the Board.

1985, c. 488, § 63.1-267.1; 1986, c. 476; 1987, c. 640; 1988, c. 906; 1990, c. 896; 2002, c. 747 ; 2016, c. 29 .
Va. Code Ann. § 63.2-1816 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 2 / Section 63.2-1816
Municipal and county appropriations; contracts
Status: in_force

The governing bodies of the several cities and counties of this Commonwealth may, in their discretion, appropriate to incorporated charitable organizations licensed by the Commissioner for the purpose of receiving and caring for children, or placing or boarding them in private homes, such sums as to them may seem proper, for the maintenance and care of such dependent children as the charitable organizations may receive from the respective cities and counties. The governing body of any county may make contracts with such organizations.

Code 1950, § 63-256; 1968, c. 578, § 63.1-219; 2002, c. 747 .
Va. Code Ann. § 63.2-1909 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 2 / Section 63.2-1909
Receipt of public assistance for child as assignment of right in support obligation; Commissioner as attorney for endorsing drafts
Status: in_force

By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of any and all right, title, and interest in any support obligation and arrearages owed to or for such child or children or custodial parent up to the amount of public assistance money paid for or on behalf of such child or children or custodial parent for such term of time as such public assistance moneys are paid; provided, however, that the Department may thereafter continue to collect any outstanding support obligation or arrearage owed to the Department as a result of such assignment up to the amount of public assistance money paid for or on behalf of such child or children or custodial parent which has not been paid by the noncustodial parent. The recipient shall also be deemed, without the necessity of signing any document, to have appointed the Commissioner as his or her true and lawful attorney-in-fact to act in his or her name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders or other negotiable instruments representing support payments which are received on behalf of such child or children or custodial parent as reimbursement for the public assistance moneys previously paid to such recipient.

1974, c. 413, § 63.1-273; 1976, cc. 357, 549; 1977, c. 662; 2002, c. 747 .
Va. Code Ann. § 63.2-411 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-411
Construction and operation of children's residential facilities
Status: in_force

Subject to approval by the Governor, a local board is authorized and empowered (i) to operate, construct, purchase, renovate or enlarge children's residential facilities for children who are in the custody of such local board by reason of commitment, voluntary entrustment or temporary detention order or (ii) to contract for such services from other counties or cities operating such facilities or from individuals or private corporations whose facilities are licensed by the appropriate state agency. The cost of maintaining children in such facilities through purchase of service contracts shall be established in accordance with regulations of the Board. Any moneys paid by a local board of a county or city to another county or city for services purchased pursuant to this section shall be applied by that county or city to the establishment and operation of such children's residential facilities. Children's residential facilities established pursuant to the provisions of this section shall meet standards prescribed by the Board.

Within the limits of appropriations of state funds, the Department shall reimburse the local board one half the actual cost of the construction, purchase, renovation or enlargement of each such facility. The Commonwealth shall reimburse the local board for administrative costs of operations of such facilities, including the entire reasonable cost of food, medicines, disinfectants, beds and bedding, utilities, equipment and service maintenance, transportation, staff salaries and fringe benefits, insurance and other necessary supplies in accordance with the provisions of § 63.2-401 .

In the event that a local board requests and receives financial assistance for the costs of the local share of the construction, purchase, renovation or operation of children's residential facilities for children who are in the custody of such local board from any source other than reimbursement provided pursuant to this section, the total financial assistance and reimbursement shall not exceed the total cost of construction, purchase, renovation or operations, and such funds shall not be considered state funds.

1973, c. 383, § 63.1-56.1; 1974, cc. 44, 45; 1977, c. 571; 1978, c. 293; 2002, c. 747 .
Va. Code Ann. § 63.2-300 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-300
Local boards established by local governments
Status: in_force

There shall be a local board in each county and city of the Commonwealth. However, any combination of counties and cities may establish one local board for those jurisdictions as hereinafter provided in this article.

Code 1950, § 63-51; 1952, c. 409; 1956, c. 126; 1968, cc. 578, 584, § 63.1-38; 2002, c. 747 .
Va. Code Ann. § 63.2-221 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 2 / Section 63.2-221
Board to investigate institutions at direction of Governor
Status: in_force

Whenever the Governor considers it proper or necessary to investigate the management of any institution licensed by or required to be inspected by the Board under the provisions of this title, he may direct the Board, or any committee or agent thereof, to make the investigation. The Board, committee or agent designated by the Governor shall have power to administer oaths and to summon officers, employees or other persons to attend as witnesses and to enforce their attendance and to compel them to produce documents and give evidence.

Code 1950, § 63-33; 1968, c. 465, § 63.1-28.1; 2002, c. 747 .
Va. Code Ann. § 63.2-1105 — Virginia Code / Title 63.2 / Subtitle III / Chapter 11 / Section 63.2-1105
Children placed out of Commonwealth
Status: in_force

A. Any child-placing agency, licensed pursuant to Subtitle IV (§ 63.2-1700 et seq.), local board or court that takes or sends, or causes to be taken or sent, any resident child out of the Commonwealth for the purpose of an interstate or intercountry placement shall comply with the appropriate provisions of the Interstate Compact on the Placement of Children (§ 63.2-1000 et seq.) or shall first obtain the consent of the Commissioner, given in accordance with regulations of the Board relating to resident children so taken or sent out of the Commonwealth.

B. The Board is authorized to adopt regulations for the placement of children out of the Commonwealth by licensed child-placing agencies, local boards or courts as are reasonably conducive to the welfare of such children and as comply with the Interstate Compact on the Placement of Children (§ 63.2-1000 et seq.). Provided, however, notwithstanding the provisions of subdivision (d) of Article II of the compact that exclude from the definition of "placement" those institutions that care for individuals with mental illness, intellectual disability, or epilepsy or any institution primarily educational in character and any hospital or other medical facility, the Board shall prescribe procedures and regulations to govern such placements out of the Commonwealth by licensed child-placing agencies, local boards or courts.

Code 1950, § 63-73; 1952, c. 409; 1960, c. 331; 1968, cc. 466, 578, § 63.1-56; 1975, cc. 248, 406; 1977, cc. 559, 562, 634, 645, § 63.1-207.1; 1980, c. 40; 1978, c. 734; 1981, c. 75; 1984, c. 734; 1986, c. 281; 1991, c. 34; 1994, c. 865 ; 1999, c. 889 ; 2002, c. 747 ; 2012, cc. 476 , 507 .
Va. Code Ann. § 63.2-1804 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1804
Uniform assessment instrument
Status: in_force

A uniform assessment instrument setting forth a resident's care needs shall be completed for all residents upon admission and at subsequent intervals as determined by regulations promulgated by the Commissioner of the Department for Aging and Rehabilitative Services. No uniform assessment instrument shall be required to be completed upon admission if a uniform assessment instrument was completed by a case manager or other qualified assessor within ninety days prior to such admission to the assisted living facility unless there has been a change in the resident's condition within that time which would affect the admission. Uniform assessment instruments shall not be required to be completed more often than once every twelve months on individuals residing in assisted living facilities except that uniform assessment instruments shall be completed whenever there is a change in the resident's condition that appears to warrant a change in the resident's approved level of care. At the request of the assisted living facility, the resident's representative, the resident's physician, the Department or the local department, an independent assessment, using the uniform assessment instrument shall be completed to determine whether the resident's care needs are being met in the current placement. The resident's case manager or other qualified assessor shall complete the uniform assessment instrument for public pay residents or, upon request by the private pay resident, for private pay residents. Unless a private pay resident requests the uniform assessment instrument be completed by a case manager or other qualified assessor, qualified staff of the assisted living facility or an independent private physician may complete the uniform assessment instrument for private pay residents; however, for private pay residents, social and financial information which is not relevant because of the resident's payment status shall not be required. The cost of administering the uniform assessment instrument pursuant to this section shall be borne by the entity designated pursuant to regulations promulgated by the Commissioner of the Department for Aging and Rehabilitative Services. Upon receiving the uniform assessment instrument prior to admission of a resident, the assisted living facility administrator shall provide written assurance that the facility has the appropriate license to meet the care needs of the resident at the time of admission.

1993, cc. 957, 993, § 63.1-173.3; 1995, c. 649 ; 2002, c. 747 ; 2014, c. 284 .
Va. Code Ann. § 63.2-307 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-307
Local boards serving certain districts
Status: in_force

Notwithstanding the provisions of § 63.2-306 :

1. The local board for the York County and City of Poquoson district may be, at the discretion of the governing bodies of the participating city and county, the local director. If such local director serves as the local board, he may designate a senior staff person in the local department to act on his behalf, in his absence, to approve, cancel or change grants made under the provisions of this title.

2. At the discretion of the governing bodies of the participating cities and counties, the local board for a district may be composed of the chief administrative officer of each political subdivision, who may designate his principal assistant to act on his behalf, in his absence, to approve, cancel or change grants made under the provisions of this title.

In addition, the provisions of § 63.2-305 shall apply.

1989, c. 356, § 63.1-44.1; 1995, cc. 262 , 313 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1714 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 1 / Section 63.2-1714
Duty of attorneys for the Commonwealth
Status: in_force

It shall be the duty of the attorney for the Commonwealth of every county and city to prosecute all violations of this subtitle.

Code 1950, §§ 63-227, 63-253; 1954, c. 259; 1968, c. 578, §§ 63.1-182, 63.1-216; 1973, c. 227; 1992, c. 356, § 63.1-194.12; 1993, cc. 957, 993; 2002, c. 747 .
Va. Code Ann. § 63.2-1938 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1938
Commissioner may release lien or order or return seized property
Status: in_force

The Commissioner may at any time release a support lien, or order to withhold and deliver, on all or part of the property of the debtor, or return seized property without liability, if assurance of payment is deemed adequate by the Commissioner, or if such action will facilitate the collection of the debt, but such release or return shall not operate to prevent future action to collect from the same or other property.

1974, c. 413, § 63.1-265; 1976, c. 357; 2002, c. 747 .
Va. Code Ann. § 63.2-1501 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 1 / Section 63.2-1501
Definitions
Status: in_force

As used in this chapter unless the context requires a different meaning:

"Court" means the juvenile and domestic relations district court of the county or city.

"Local department" means the local department of social services in the county or city in the Commonwealth where the alleged victim child resides or in which the alleged abuse or neglect is believed to have occurred. If neither of these is known, then the local department shall be the local department of social services in the county or city where the abuse or neglect was discovered.

"Prevention" means efforts that (i) promote health and competence in people and (ii) create, promote and strengthen environments that nurture people in their development.

1975, c. 341, § 63.1-248.2; 1981, c. 123; 1986, c. 308; 1990, c. 760; 1995, c. 520 ; 2000, c. 500 ; 2002, c. 747 ; 2026, cc. 835 , 900 .
Va. Code Ann. § 63.2-1234 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1234
When consent is revocable
Status: in_force

Consent shall be revocable as follows:

1. By either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth parent shall not affect the right of the second consenting birth parent to retain his seven-day revocation period.

a. Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party and shall be filed with the clerk of the juvenile and domestic relations district court in which the petition was filed during the business day of the juvenile and domestic relations district court, within the time period specified in this section. If the revocation period expires on a Saturday, Sunday, legal holiday or any day on which the clerk's office is closed as authorized by statute, the revocation period shall be extended to the next day that is not a Saturday, Sunday, legal holiday or other day on which the clerk's office is closed as authorized by statute.

b. Upon the filing of a valid revocation within the time period set out in this section, the juvenile and domestic relations district court shall order that any consent given for the purpose of such placement is void and, if necessary, the juvenile and domestic relations district court shall determine custody of the child as between the birth parents.

2. By any party prior to the final order of adoption (i) upon proof of fraud or duress or (ii) after placement of the child in an adoptive home, upon written, mutual consent of the birth parents and prospective adoptive parents.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.41; 2002, c. 747 ; 2006, cc. 825 , 848 ; 2008, c. 662 .
Va. Code Ann. § 63.2-323 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-323
Emergency payments
Status: in_force

In emergency situations or in the event of delay or error in a state issuance of payments for public assistance and social services to eligible recipients, or expenditures for administration and services, emergency payments shall be issued by local boards as authorized by Board regulations. In emergency situations that result from lost or stolen checks, the Department shall assume liability for losses incurred by local boards due to fraudulent acts by recipients; however, the local board shall make diligent efforts to recoup any such lost funds in accordance with Board regulations.

1975, c. 336, § 63.1-58.1; 1978, c. 296; 2002, c. 747 .
Va. Code Ann. § 63.2-806 — Virginia Code / Title 63.2 / Subtitle II / Chapter 8 / Section 63.2-806
Unaccompanied homeless youths; services; consent
Status: in_force

A. As used in this section,

"Provider" means any person or organization that provides housing, including emergency shelter, or other services to an unaccompanied homeless youth and that receives funding from the Virginia Homeless Solutions Program or any other grant program administered by the Homeless and Special Needs Housing unit of the Department of Housing and Community Development.

"Unaccompanied homeless youth" means a homeless child or youth described in subdivision A 7 of § 22.1-3 who is not in the physical custody of a parent or guardian.

B. A child who is 14 years of age or older and who is an unaccompanied homeless youth as evidenced by a statement so stating and signed by an employee of any local education agency who serves as a liaison for homeless children and youths designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) shall be deemed an adult for the purpose of consenting to housing or other services provided in accordance with this section for himself or his minor child. A child who is 14 years of age or older who is an unaccompanied homeless youth who cannot produce a statement signed by an employee of any local education agency who serves as a liaison for homeless children and youths designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) shall be deemed an adult for the purpose of consenting to housing or other services provided in accordance with this section for himself or his minor child for a period of up to 72 hours.

C. A provider that provides housing services, including emergency shelter, to an unaccompanied homeless youth shall attempt to contact the parents or guardian of such unaccompanied homeless youth to inform them of the whereabouts of such unaccompanied homeless youth. If the provider is unable to contact the parent or guardian of the unaccompanied homeless youth or if the provider determines that contacting the parent or guardian is not in the best interests of the youth, the provider shall (i) document the steps taken to identify and notify the parent or guardian or the reasons for the determination that contact with the parent or guardian is not in the best interests of the unaccompanied homeless youth and (ii) immediately notify the local department of social services of the whereabouts of the child. The provider shall report the child's presence to local law enforcement and the National Center for Missing and Exploited Children in order to determine whether the child has been reported missing or the National Center for Missing and Exploited Children has a record of the child being reported missing by a legal guardian. The provider shall retain such documentation for a period of not less than five years.

D. Any person who, in good faith, relies upon a written statement described in subsection B shall not be liable in any civil or criminal action for delivering services to an unaccompanied homeless youth pursuant to this section without the consent of his parent or guardian, provided that such provider has complied with the requirements of this section. However, no provider shall be relieved of liability for any negligent or criminal acts on the basis of this section.

E. The Board shall adopt regulations to implement the provisions of this section.

2022, c. 801 .
Va. Code Ann. § 63.2-1100 — Virginia Code / Title 63.2 / Subtitle III / Chapter 11 / Section 63.2-1100
Definitions
Status: in_force

For the purposes of Chapter 10 (§ 63.2-1000 et seq.) of this title, the following words shall have the meaning ascribed to them by this section:

A. "Appropriate public authorities" as used in Article III of the compact means, with reference to this Commonwealth, the Department.

B. "Appropriate authority in the receiving state" as used in subdivision (a) of Article V of the compact means, with reference to this Commonwealth, the Commissioner.

1975, c. 406, § 63.1-219.1; 2002, c. 747 .
Va. Code Ann. § 63.2-523 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-523
Unauthorized use of food stamps, electronic benefit transfer cards, and energy assistance prohibited; penalties
Status: in_force

Whoever knowingly and with intent to defraud transfers, acquires, alters, traffics in or uses, or aids or abets another person in transferring, acquiring, altering, trafficking in, using, or possessing food stamps, electronic benefit transfer cards or other devices subject to Consumer Financial Protection Bureau regulations regarding Electronic Fund Transfers, 12 C.F.R. § 1005.1 et seq., or benefits from energy assistance programs, or possesses food coupons, authorization to purchase cards, electronic benefit transfer cards or other devices subject to Consumer Financial Protection Bureau regulations regarding Electronic Fund Transfers, 12 C.F.R. § 1005.1 et seq., or benefits from energy assistance programs in any manner not authorized by law is guilty of larceny.

A violation of this section may be prosecuted either in the county or city where the public assistance was granted or in the county or city where the violation occurred.

1975, c. 388, § 63.1-124.1; 1978, c. 731; 1984, c. 535; 1994, c. 249 ; 2002, c. 747 ; 2016, c. 501 .
Va. Code Ann. § 63.2-213 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-213
Powers, duties, titles and functions of agents and employees
Status: in_force

The functions, duties, powers and titles of the agents and employees provided for in § 63.2-212 , and their salaries and remuneration, not in excess of the amount provided therefor by law, shall be fixed by the Commissioner, subject to the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2.

Code 1950, § 63-11; 1968, c. 578, § 63.1-11; 1981, c. 21; 2002, c. 747 ; 2003, c. 467 .
Va. Code Ann. § 63.2-318 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-318
Payment of legal fees and expenses for certain local department employees
Status: in_force

If any employee of a local department is arrested, indicted or otherwise prosecuted on any criminal charge arising out of an act committed in the discharge of his official duties, and the charge is subsequently terminated by entry of an order of dismissal, or nolle prosequi or upon trial he is found not guilty, the local board by which he is employed may reimburse such employee for all or part of the legal fees and expenses incurred by the employee in defense of such charge. The Department may reimburse the local board all or any part of such expenditures at the same rate in effect for all other administrative costs at the time of the expenditure to the extent that funds are available.

1977, c. 82, § 63.1-54.2; 1985, c. 438; 2002, c. 747 .
Va. Code Ann. § 63.2-204 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-204
Cooperation with local authorities
Status: in_force

The Commissioner shall assist and cooperate with local authorities in the administration of this title. He shall encourage and direct the training of all personnel of local boards and local departments engaged in the administration of any program within the purview of this title or Chapter 11 (§ 16.1-226 et seq.) of Title 16.1. The Commissioner shall collect and publish statistics and such other data as may be deemed of value in assisting the public authorities and other social agencies of the Commonwealth in improving the care of these persons and in correcting conditions that contribute to dependency and delinquency. The Commissioner shall also, in his discretion, initiate and conduct conferences designed to accomplish such ends and to further coordination of effort in this field.

Code 1950, § 63-39; 1968, cc. 578, 670, § 63.1-32; 1974, cc. 44, 45; 2002, c. 747 .
Va. Code Ann. § 63.2-505.1 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-505.1
Transitional food stamp benefits
Status: in_force

To the extent permitted by federal law, the Department shall provide transitional food stamp benefits for a period of not more than five months after the date on which Temporary Assistance for Needy Families (TANF) cash assistance is terminated. However, no household shall be eligible for transitional food stamp benefits if TANF cash assistance was terminated because all children in the assistance unit were removed from the home as a result of a child protective services investigation.

2005, c. 463 .
Va. Code Ann. § 63.2-1242.2 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 4.1 / Section 63.2-1242.2
Close relative adoption; child in home less than two years
Status: in_force

A. When the child has continuously resided in the home or has been in the continuous physical custody of the prospective adoptive parent(s) who is a close relative for less than two years, the adoption proceeding, including court approval of the home study, shall commence in the juvenile and domestic relations district court pursuant to the parental placement adoption provisions of this chapter with the following exceptions:

1. The birth parent(s)' consent does not have to be executed in juvenile and domestic relations district court in the presence of the prospective adoptive parents.

2. The simultaneous meeting specified in § 63.2-1231 is not required.

3. No hearing is required for this proceeding.

B. Upon the juvenile and domestic relations district court issuing an order accepting consents or otherwise dealing with birth parents rights and appointing the close relative(s) custodians of the child, the close relative(s) may file a petition in the circuit court as provided in Article 1 (§ 63.2-1200 et seq.) of this chapter.

C. For adoptions under this section:

1. An order of reference, an investigation and a report shall not be made if the home study report is filed with the circuit court unless the circuit court in its discretion requires an investigation and report to be made.

2. The circuit court may omit the probationary period and the interlocutory order and enter a final order of adoption when the court is of the opinion that the entry of an order would otherwise be proper.

3. If the circuit court determines that there is a need for an additional investigation, it shall refer the matter to the licensed child-placing agency that drafted the home study report for an investigation and report, which shall be completed within such times as the circuit court designates.

4. The circuit court may waive appointment of a guardian ad litem for the child.

2006, cc. 825 , 848 ; 2010, c. 306 ; 2018, c. 4 .
Va. Code Ann. § 63.2-310 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-310
Compensation and expenses
Status: in_force

Each member of the local board of a county or a city or of a district shall be paid his reasonable and necessary expenses incurred in attendance at meetings and while otherwise engaged in the discharge of his duties. In addition to such expenses, the governing body of each city or county may, out of its general fund, pay to each member of the local board, as compensation for his services, an amount to be fixed by the governing body of such city or county. No such county or city shall be reimbursed out of either state or federal funds for any part of such compensation paid.

Code 1950, § 63-59; 1954, c. 258; 1962, c. 491; 1966, c. 478; 1968, c. 578, § 63.1-47; 1972, c. 11; 1973, c. 201; 1978, c. 754; 1998, cc. 80 , 192 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1913 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 3 / Section 63.2-1913
Administrative establishment of paternity
Status: in_force

The Department may establish the parent and child relationship between a child and a man upon request, verified by oath or affirmation, filed by a child, a parent, a person claiming parentage, a person standing in loco parentis to the child or having legal custody of the child, or a representative of the Department or the Department of Juvenile Justice. The request may be filed at any time before the child attains the age of eighteen years.

Pursuant to subsection F of § 63.2-1903 , the Department may summons a parent or putative parent to appear in the office of the Division of Child Support Enforcement to provide such information as may be necessary to the proceeding.

Paternity may be established by a written statement of the father and mother made under oath acknowledging paternity or scientifically reliable genetic tests, including blood tests, which affirm at least a ninety-eight percent probability of paternity. The Department may order genetic testing and shall pay the costs of such tests, subject to recoupment from the father, if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant.

Before a voluntary acknowledgment of paternity is accepted by the Department as the basis for establishing paternity, the Department shall provide to both the mother and the putative father a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences that arise from a signed acknowledgment, including the right to rescind the acknowledgment within the earlier of (i) sixty days from the date of signing or (ii) the date of entry of an order in an administrative or judicial proceeding relating to the child in which the signatory is a party.

A genetic test result affirming at least a ninety-eight percent probability of paternity shall have the same legal effect as a judgment entered pursuant to § 20-49.8 . When sixty days have elapsed from its signing, a voluntary statement acknowledging paternity shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress or a material mistake of fact. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown.

The order of the Department in proceedings pursuant to this section shall be served upon the putative father in accordance with the provisions of Chapter 8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title 8.01. The Department shall file a copy of its order determining paternity, including the information required by subsection D of § 20-49.8 , with the State Registrar of Vital Records within thirty days after the acknowledgment becomes binding and conclusive or the order otherwise becomes final. No judicial or administrative proceeding shall be required to ratify an unchallenged acknowledgment of paternity nor shall the Department or the courts have any jurisdiction over proceedings to ratify an unchallenged acknowledgment.

1997, cc. 792 , 896 , § 63.1-250.1:2; 2002, c. 747 ; 2023, cc. 570 , 571 .
Va. Code Ann. § 63.2-1912 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 2 / Section 63.2-1912
Minor noncustodial parents whose child receives TANF; child support obligations
Status: in_force

If a minor noncustodial parent whose child receives TANF is not in compliance with compulsory school attendance laws in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, he shall be required to pay child support as if he were an adult, and child support shall be collected.

1995, c. 450 , § 63.1-105.5; 2002, c. 747 .
Va. Code Ann. § 63.2-216 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 2 / Section 63.2-216
Powers and duties of Board in general
Status: in_force

In addition to such other duties as are assigned to it, the Board shall act in a capacity advisory to the Commissioner, and when requested shall confer and advise with him upon such matters as may arise in the performance of his duties. When requested by the Commissioner, or by the Governor, the Board shall investigate such questions and consider such problems as they, or either of them, may submit and shall report their findings and conclusions. The Board may also initiate investigations and consider problems and make recommendations to the Commissioner or to the Governor, of its own motion.

Code 1950, § 63-24; 1968, c. 578, § 63.1-24; 1981, c. 21; 1999, cc. 737 , 763 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1734 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 5 / Section 63.2-1734
Regulations for child welfare agencies
Status: in_force

A. The Board shall adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under this subtitle, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the custody or control of such persons or agencies.

B. Such regulations shall be developed in consultation with representatives of the affected entities and shall include, but need not be limited to, matters relating to the sex, age, and number of children and other persons to be maintained, cared for, or placed out, as the case may be, and to the buildings and premises to be used, and reasonable standards for the activities, services, and facilities to be employed. Such limitations and standards shall be specified in each license and renewal thereof. Such regulations shall not require the adoption of a specific teaching approach or doctrine or require the membership, affiliation, or accreditation services of any single private accreditation or certification agency.

C. All home studies of prospective adoptive parents by local boards or child-placing agencies licensed for adoption services shall be conducted in accordance with the Mutual Family Assessment home study template and any addenda thereto developed by the Department. Such home studies, including all related approval documentation other than background checks, conducted pursuant to this section, whether by a local board or a licensed child-placing agency, shall be transferable between all localities, local boards, and licensed child-placing agencies within the Commonwealth at the request of the prospective adoptive parent, subject to any time limitations or other requirements imposed by law or regulation.

Code 1950, § 63-239; 1968, cc. 578, 585, § 63.1-202; 1970, c. 721; 1987, c. 698; 1993, cc. 730, 742; 1998, c. 237 ; 2002, cc. 298 , 747 ; 2011, c. 139 ; 2012, cc. 803 , 835 ; 2013, c. 416 ; 2018, c. 11 ; 2019, c. 604 ; 2020, cc. 860 , 861 ; 2023, c. 340 .
Va. Code Ann. § 63.2-1515 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 3 / Section 63.2-1515
Central registry; disclosure of information
Status: in_force

The central registry shall contain such information as shall be prescribed by Board regulation; however, when the founded case of abuse or neglect does not name the parents or guardians of the child as the abuser or neglector, and the abuse or neglect occurred in a licensed or unlicensed child day center as defined in § 22.1-289.02 ; licensed, registered, or approved home-based child care as defined in § 22.1-289.02 ; a private or public school; or a children's residential facility, the child's name shall not be entered on the registry without consultation with and permission of the parents or guardians. If a child's name currently appears on the registry without consultation with and permission of the parents or guardians for a founded case of abuse and neglect that does not name the parents or guardians of the child as the abuser or neglector, such parents or guardians may have the child's name removed by written request to the Department. The information contained in the central registry shall not be open to inspection by the public. However, appropriate disclosure may be made in accordance with Board regulations.

The Department shall respond to requests for a search of the central registry made by (i) local departments, (ii) local school boards, and (iii) governing boards or administrators of private schools accredited pursuant to § 22.1-19 regarding applicants for employment, pursuant to § 22.1-296.4 , in cases where there is no match within the central registry within 10 business days of receipt of such requests. In cases where there is a match within the central registry regarding applicants for employment, the Department shall respond to requests made by local departments, local school boards, and governing boards or administrators within 30 business days of receipt of such requests. The request and response may be sent electronically or by first-class mail or facsimile transmission.

The Department shall disclose information in the central registry to the Chairmen of the House and Senate Committees for Courts of Justice for the purpose of determining if any person being considered for election to any judgeship has been the subject of any founded complaint of child abuse or neglect.

Any central registry check of a person who has applied to be a volunteer with a (a) Virginia affiliate of Big Brothers/Big Sisters of America, (b) Virginia affiliate of Compeer, (c) Virginia affiliate of Childhelp USA, (d) volunteer fire company or volunteer emergency medical services agency, or (e) court-appointed special advocate program pursuant to § 9.1-153 shall be conducted at no charge.

1975, c. 341, § 63.1-248.8; 1993, cc. 48, 348, 955; 1994, cc. 700 , 830 ; 2000, cc. 95 , 734 , 805 ; 2001, c. 321 ; 2002, cc. 371 , 747 ; 2004, c. 74 ; 2015, cc. 502 , 503 ; 2016, c. 454 ; 2018, c. 578 ; 2020, cc. 300 , 860 , 861 ; 2026, c. 917 .
Va. Code Ann. § 63.2-1219 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1219
Suspected violation of property exchange information
Status: in_force

If the juvenile and domestic relations or circuit court or any participating licensed or duly authorized child-placing agency suspects that there has been a violation of § 63.2-1218 in connection with a placement or adoption, it shall report such findings to the Commissioner for investigation and appropriate action. If the Commissioner suspects that a person has violated § 63.2-1218 , he shall report his findings to the appropriate attorney for the Commonwealth. If the Commissioner believes that such violation has occurred in the course of the practice of a profession or occupation licensed or regulated pursuant to Title 54.1, he shall also report such findings to the appropriate regulatory authority for investigation and appropriate disciplinary action.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.26; 2002, c. 747 .
Va. Code Ann. § 63.2-923 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 2 / Section 63.2-923
Court proceedings; administrative reviews
Status: in_force

A local department that enters into a voluntary continuing services and support agreement with a program participant shall file a petition for review of the agreement and the program participant's case plan in accordance with § 16.1-283.3 . If no subsequent hearings are held by the court to review the agreement and case plan after the initial review hearing held pursuant to § 16.1-283.3 , the local department shall conduct administrative reviews of the case for the remaining term of the voluntary continuing services and support agreement no less than every six months.

2020, cc. 95 , 732 .
Va. Code Ann. § 63.2-1218 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1218
Certain exchange of property, advertisement, solicitation prohibited; penalty
Status: in_force

No person or child-placing agency shall charge, pay, give, or agree to give or accept any money, property, service or other thing of value in connection with a placement or adoption or any act undertaken pursuant to this chapter except (i) reasonable and customary services provided by a licensed or duly authorized child-placing agency and fees paid for such services; (ii) payment or reimbursement for medical expenses and insurance premiums that are directly related to the birth mother's pregnancy and hospitalization for the birth of the child who is the subject of the adoption proceedings, for mental health counseling received by the birth mother or birth father related to the adoption, and for expenses incurred for medical care for the child; (iii) payment or reimbursement for reasonable and necessary expenses for food, clothing, and shelter when, upon the written advice of her physician, the birth mother is unable to work or otherwise support herself due to medical reasons or complications associated with the pregnancy or birth of the child; (iv) payment or reimbursement for reasonable expenses incurred incidental to any required court appearance including, but not limited to, transportation, food and lodging; (v) usual and customary fees for legal services in adoption proceedings; and (vi) payment or reimbursement of reasonable expenses incurred for transportation in connection with any of the services specified in this section or intercountry placements as defined in § 63.2-100 and as necessary for compliance with state and federal law in such placements. No person shall advertise or solicit to perform any activity prohibited by this section. Any person violating the provisions of this section shall be guilty of a Class 6 felony. The Commissioner is authorized to investigate cases in which fees paid for legal services appear to be in excess of usual and customary fees in order to determine if there has been compliance with the provisions of this section.

1989, c. 647, § 63.1-220.4; 1993, c. 553; 1995, cc. 772 , 826 ; 2000, c. 830 , § 63.1-219.25; 2002, c. 747 .
Va. Code Ann. § 63.2-1608 — Virginia Code / Title 63.2 / Subtitle III / Chapter 16 / Article 2 / Section 63.2-1608
Involuntary adult protective services
Status: in_force

A. If an adult lacks the capacity to consent to receive adult protective services, these services may be ordered by a court on an involuntary basis through an emergency order pursuant to § 63.2-1609 or by a guardian or conservator appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.

B. In ordering involuntary adult protective services, the court shall authorize only that intervention which it finds to be least restrictive of the adult's liberty and rights, while consistent with his welfare and safety. The basis for such finding shall be stated in the record by the court.

C. The adult shall not be required to pay for involuntary adult protective services, unless such payment is authorized by the court upon a showing that the person is financially able to pay. In such event the court shall provide for reimbursement of the actual costs incurred by the local department in providing adult protective services, excluding administrative costs.

1977, c. 547, § 63.1-55.5; 1978, c. 562; 1979, c. 451; 1997, c. 801 ; 2002, c. 747 ; 2004, cc. 749 , 1011 .
Va. Code Ann. § 63.2-1815 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 2 / Section 63.2-1815
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-1203 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 1 / Section 63.2-1203
When consent is withheld or unobtainable
Status: in_force

A. If, after consideration of the evidence, the circuit court finds that the valid consent of any person or agency whose consent is required is withheld contrary to the best interests of the child as set forth in § 63.2-1205 , or is unobtainable, the circuit court may grant the petition without such consent:

1. Fifteen days after personal service of notice of petition on the party or parties whose consent is required by this section;

2. If personal service is unobtainable, 10 days after the completion of the execution of an order of publication against the party or parties whose consent is required by this section concerning the petition;

3. If a birth parent is deceased, upon the filing of a death certificate for a deceased birth parent with the court; or

4. If the judge certifies on the record that the identity of any person whose consent is hereinabove required is not reasonably ascertainable.

An affidavit of the birth mother that the identity of the birth father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the circuit court that would refute such an affidavit. The absence of such an affidavit shall not be deemed evidence that the identity of the birth father is reasonably ascertainable. For purposes of determining whether the identity of the birth father is reasonably ascertainable, the standard of what is reasonable under the circumstances shall control, taking into account the relative interests of the child, the birth mother and the birth father.

B. If the child is not in the custody of a child-placing agency and both parents are deceased, the circuit court, after hearing evidence to that effect, may grant the petition without the filing of any consent.

C. In an adoption proceeding where the consent of a birth parent is required, but the petition for adoption alleges that the birth parent is withholding consent to the adoption, the court shall provide written notice to the birth parent of his right to be represented by counsel prior to any hearing or decision on the petition. Upon request, the court shall appoint counsel for any such birth parent if such parent has been determined to be indigent by the court pursuant to § 19.2-159 .

Code 1950, § 63-351; 1954, c. 489; 1956, c. 300; 1960, c. 331; 1962, c. 603; 1968, c. 578, § 63.1-225; 1972, cc. 73, 475, 823; 1974, c. 620; 1978, cc. 730, 735, 744; 1985, c. 18; 1986, c. 387; 1989, c. 647; 1993, c. 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.11; 2002, c. 747 ; 2009, c. 805 ; 2012, c. 425 .
Va. Code Ann. § 63.2-1731 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 4 / Section 63.2-1731
Retaliation against reports of child or adult abuse or neglect
Status: in_force

No assisted living facility, adult day center or child welfare agency may retaliate in any manner against any person who in good faith reports adult or child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of this title.

1996, c. 487 , § 63.1-198.03:1; 2002, c. 747 ; 2024, cc. 37 , 150 .
Va. Code Ann. § 63.2-517 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-517
Right of appeal to Commissioner
Status: in_force

Any applicant or recipient aggrieved by any decision of a local board in granting, denying, changing or discontinuing public assistance, may, within thirty days after receiving written notice of such decision, appeal therefrom to the Commissioner.

Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for a review of the same by the Commissioner.

The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review by an applicant for or recipient of public assistance concerning any decision of a local board. The Commissioner shall establish an appeals review panel to review administrative hearing decisions upon the request of either the applicant or the local board. Such panel shall determine if any changes are needed in the conduct of future hearings, or to policy and procedures related to the issue of the administrative appeal, and periodically report its findings to the Commissioner.

Any applicant or recipient aggrieved by any decision of a local board concerning food stamps may appeal to the Commissioner in accordance with federal law and regulation.

Code 1950, §§ 63-131, 63-140.8, 63-153, 63-195, 63-216; 1962, c. 621; 1968, cc. 578, 781, § 63.1-116; 1970, c. 361; 1972, c. 718; 1975, c. 524; 1997, c. 412 ; 2002, c. 747 .
Va. Code Ann. § 63.2-905.3 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-905.3
Documents provided to foster care youth
Status: in_force

When a child is leaving foster care upon reaching 18 years of age, unless the child has been in foster care for less than six months, the local department shall ensure that the child has, if eligible to receive, (i) a certified birth certificate, (ii) a social security card, (iii) health insurance information, (iv) a copy of the child's health care records, and (v) a driver's license or identification card issued by the Commonwealth.

2016, c. 631 .
Va. Code Ann. § 63.2-1947 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 9 / Section 63.2-1947
Assistance by Office of the Attorney General
Status: in_force

The attorney for the Commonwealth or other attorney who has responsibility for representing a local department and local board may, with the prior consent of the Attorney General, obtain the assistance of the Office of the Attorney General in the conduct of litigation arising under this chapter.

1988, c. 906, § 63.1-274.8; 2002, c. 747 .
Va. Code Ann. § 63.2-412 — Virginia Code / Title 63.2 / Subtitle I / Chapter 4 / Section 63.2-412
Assistance to needy persons engaged in work or training programs; costs of administration of such programs
Status: in_force

Notwithstanding any other provisions of law, the Commissioner is authorized, subject to the approval of the Board, to initiate and administer a program providing for payments to or in behalf of needy persons engaged in work or training programs. Such payments may be made by transfer of funds to an appropriate agency administering a work or training program. The Commissioner is also authorized to pay all costs incurred in the administration of such programs from funds appropriated for such purposes.

Code 1950, § 63-5.3; 1968, c. 331, § 63.1-5.1; 1974, cc. 44, 45; 1981, c. 21; 2002, c. 747 .
Va. Code Ann. § 63.2-606 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-606
Eligibility for TANF; school attendance
Status: in_force

In order to be eligible for TANF, members of the assistance unit, including minor custodial parents, shall be in compliance with compulsory school attendance laws (§ 22.1-254 et seq.). The Board shall adopt regulations to implement the provisions of this section, including procedures for local departments to (i) receive notification from local school divisions of students who are truant and (ii) assist families in noncompliance to achieve compliance. An applicant for or recipient of TANF or any member of his assistance unit who has been found guilty under § 22.1-263 shall not be eligible for TANF financial assistance until in compliance with compulsory school attendance laws. Any person who becomes ineligible for TANF financial assistance as a result of this section shall nonetheless be considered a TANF recipient for all other purposes.

1995, c. 450 , § 63.1-105.4; 2002, c. 747 .
Va. Code Ann. § 63.2-508 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-508
Fees for representing applicant or recipient
Status: in_force

No person shall make any charge or receive any fees for representing an applicant for or recipient of public assistance with respect to his application or request for increased assistance prior to a determination thereon by the local board, whether such fee or charge is paid by the applicant or recipient or any other person.

Code 1950, § 63-103; 1968, cc. 466, 578, § 63.1-89; 2002, c. 747 .
Va. Code Ann. § 63.2-922 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 2 / Section 63.2-922
Termination of voluntary continuing services and support agreement; notice; appeal
Status: in_force

A. A program participant may terminate the voluntary continuing services and support agreement at any time. Upon such termination, the local department shall provide the program participant with a written notice informing the program participant of the potential negative effects resulting from termination, the option to reenter the Fostering Futures program at any time before reaching 21 years of age, and the procedures for reentering if the participant meets the eligibility criteria of § 63.2-919 .

B. If the local department determines that the program participant is no longer eligible to participate in the Fostering Futures program under § 63.2-919 , the local department shall terminate the voluntary continuing services and support agreement and cease the provision of all services and support to the program participant. The local department shall give written notice to the program participant 30 days prior to termination that the voluntary continuing services and support agreement will be terminated and provide (i) an explanation of the basis for termination, (ii) information about the process for appealing the termination, (iii) information about the option to enter into another voluntary continuing services and support agreement once the program participant reestablishes eligibility under § 63.2-919 , and (iv) information about and contact information for community resources that may benefit the program participant, including state programs established pursuant to 42 U.S.C. § 677. Academic breaks in postsecondary education attendance, such as semester and seasonal breaks, and other transitions between eligibility requirements under § 63.2-919 , including education and employment transitions not longer than 30 days, shall not be a basis for termination.

C. Appeals of terminations of voluntary continuing services and support agreements or denials or delays of the provision of services specified in the agreement shall be conducted in accordance with the provisions of § 63.2-915 and Board regulations.

2020, cc. 95 , 732 .
Va. Code Ann. § 63.2-1945 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 8 / Section 63.2-1945
Assignment of earnings to be honored; inapplicability of § 40.1-31
Status: in_force

Any person, firm, corporation, association, political subdivision or department of the Commonwealth employing a person owing a support debt or obligation, shall honor an assignment of earnings to satisfy or retire a support debt or obligation of such person when ordered by the Commissioner by a payroll deduction order conforming to § 20-79.3 . The rights and obligations of employees with respect to an order issued pursuant to this section are set out in § 20-79.3 . Payment of moneys pursuant to an assignment of earnings presented by the Commissioner shall serve as full acquittance under any contract of employment, and the Commonwealth warrants and represents that it shall defend and hold harmless such action taken pursuant to such assignment of earnings. The Commissioner shall be released from liability for improper receipt of moneys under an assignment of earnings upon return of any moneys so received.

Any assignment of earnings presented under this section shall not be subject to the requirements set forth in § 40.1-31 .

1974, c. 413, § 63.1-272; 1976, c. 357; 1980, c. 243; 1983, c. 481; 1984, c. 626; 1990, c. 896; 2002, c. 747 .
Va. Code Ann. § 63.2-906.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-906.1
Qualified residential treatment programs
Status: in_force

A. In cases in which a child is placed by a local board or licensed child-placing agency in a qualified residential treatment program as defined in § 63.2-100 , the foster care plan shall include (i) a description of the reasonable and good faith efforts made by the local department to identify and include on the child's family and permanency team all appropriate biological relatives, fictive kin, professionals, and, if the child is 14 years of age or older, members of the child's case planning team that were selected by the child in accordance with subsection A of § 16.1-281 ; (ii) contact information for all members of the child's family and permanency team and for other family members and fictive kin; (iii) evidence that all meetings of the family and permanency team are held at a time and place convenient for the child's family; (iv) if reunification is the goal for the child, evidence demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team; (v) the assessment report prepared pursuant to clause (viii) of the definition of qualified residential treatment program set forth in § 63.2-100 and evidence that such assessment was conducted in conjunction with the child's family and permanency team; (vi) the placement preferences of the child and the family and permanency team with recognition that the child should be placed with his siblings unless the court finds that such placement is contrary to the best interest of the child; and (vii) if the placement preferences of the child and the family and permanency team differ from the placement recommended in the assessment report prepared pursuant to clause (viii) of the definition of qualified residential treatment program set forth in § 63.2-100 , the reasons why the preferences of the child and the family and permanency team were not recommended.

B. In all cases in which a child is placed by a local board or licensed child-placing agency in a qualified residential treatment program as defined in § 63.2-100 , a hearing shall be held in accordance with the provisions of subsection E of § 16.1-281 within 60 days of such placement.

C. If any child 13 years of age or older is placed in a qualified residential treatment program for more than 12 consecutive months or 18 nonconsecutive months, or any child 12 years of age or younger is placed in a qualified residential treatment program for more than six consecutive or nonconsecutive months, the Commissioner shall submit to the federal Secretary of Health and Human Services (i) the most recent versions of the evidence and documentation required under subdivision E 2 of § 16.1-281 and (ii) a written approval, signed by the Commissioner, for the continued placement of the child in the qualified residential treatment program.

2019, cc. 282 , 688 .
Va. Code Ann. § 63.2-105 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-105
(Effective until July 1, 2027) Confidential records and information concerning social services; child-protective services and child-placing agencies
Status: in_force

A. The local department may disclose the contents of records and information learned during the course of a child-protective services investigation or during the provision of child-protective services to a family, without a court order and without the consent of the family, to a person having a legitimate interest when in the judgment of the local department such disclosure is in the best interest of the child who is the subject of the records. Persons having a legitimate interest in child-protective services records of local departments include, but are not limited to, (i) any person who is responsible for investigating a report of known or suspected abuse or neglect or for providing services to a child or family that is the subject of a report, including multidisciplinary teams and family assessment and planning teams referenced in subsections J and K of § 63.2-1503 , law-enforcement agencies and attorneys for the Commonwealth; (ii) child welfare or human services agencies of the Commonwealth or its political subdivisions when those agencies request information to determine the compliance of any person with a child-protective services plan or an order of any court; (iii) personnel of the school or child day program as defined in § 63.2-100 attended by the child so that the local department can receive information from such personnel on an ongoing basis concerning the child's health and behavior, and the activities of the child's custodian; (iv) a parent, grandparent, or any other person when such parent, grandparent or other person would be considered by the local department as a potential caretaker of the child in the event the local department has to remove the child from his custodian; (v) the Commitment Review Committee and the Office of the Attorney General for the purposes of sexually violent predator civil commitments pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; and (vi) the staff of (a) a court services unit, (b) the Department of Juvenile Justice, (c) a local community services board, or (d) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care, including the immediate identification of children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice, when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children, provided that any court services unit or local community services board to which such records are disclosed in accordance with this paragraph shall not further disclose any information received unless such further disclosure is expressly required by law.

The model memorandum of understanding developed in accordance with § 66-10.3 may serve as the formal agreement that is required pursuant to this subsection, but any formal agreement that is entered into by the local agencies and the Department of Juvenile Justice shall be reviewed by the Office of the Attorney General before such agreement may take effect.

Whenever a local department exercises its discretion to release otherwise confidential information to any person who meets one or more of these descriptions, the local department shall be presumed to have exercised its discretion in a reasonable and lawful manner.

B. Any person who has not been legally adopted in accordance with the provisions of this title and who was a child for whom all parental rights and responsibilities have been terminated, shall not have access to any information from a child-placing agency with respect to the identity of the biological family, except (i) upon application of the child who is 18 or more years of age, (ii) upon order of a circuit court entered upon good cause shown, and (iii) after notice to and opportunity for hearing by the applicant for such order and the child-placing agency or local board that had custody of the child.

An eligible person who is a resident of Virginia may apply for the court order provided for herein to (a) the circuit court of the county or city where the person resides or (b) the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located. An eligible person who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located.

If the identity and whereabouts of the biological family are known to the agency or local board, the court may require the agency or local board to advise the biological parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the applicant for such order and upon the biological parents.

2001, c. 518 , § 63 .1-209.1; 2002, c. 747 ; 2004, cc. 114 , 220 ; 2006, cc. 863 , 914 ; 2022, cc. 63 , 64 .
Va. Code Ann. § 63.2-2000 — Virginia Code / Title 63.2 / Subtitle VI / Chapter 20 / Section 63.2-2000
Repealed
Status: repealed

Repealed by Acts 2008, c. 585 , cl. 5.
Va. Code Ann. § 63.2-1738 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 5 / Section 63.2-1738
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-617 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-617
Diversionary cash assistance
Status: in_force

A. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive at one time the maximum TANF cash assistance that the applicant would otherwise receive for a period up to 120 days or $1,500, whichever is greater. An individual may receive diversionary TANF cash assistance only one time in a 12-month period and, in so doing, waives his eligibility for TANF for the number of days for which assistance is granted multiplied by 1.33. Diversionary assistance shall be used to divert the family from receiving ongoing TANF cash assistance by providing assistance for one-time emergencies.

B. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive a TANF emergency assistance payment of up to $1,500 to prevent eviction or to address needs resulting from a fire or natural disaster.

1995, c. 450 , § 63.1-105.3; 2002, c. 747 ; 2009, cc. 61 , 547 ; 2020, c. 1159 .
Va. Code Ann. § 63.2-1716 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 2 / Section 63.2-1716
Repealed
Status: repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861 , cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446 , cl. 2.
Va. Code Ann. § 63.2-905.1:1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 9 / Article 1 / Section 63.2-905.1:1
Housing services
Status: in_force

Local departments shall provide housing support for a period of no more than six months to any person who (i) is 18 years of age or older but less than 21 years of age, (ii) on or after July 1, 2022, (a) turned 18 years of age while in foster care under the custody of a local department or (b) turned 18 years of age while in the custody of the Department of Juvenile Justice and was in the custody of a local department immediately prior to commitment to the Department of Juvenile Justice and is transitioning from such commitment to self-sufficiency, and (iii) declines to participate in the Fostering Futures program pursuant to § 63.2-919 . Such housing support shall be equal to the room and board portion of the maintenance payment that such person would otherwise receive for housing support through participation in the Fostering Futures program. The local department may send such payments directly to the housing provider or to the person receiving housing support, as agreed upon by the local department and the recipient. Policies and decisions regarding housing options shall take into consideration the recipient's autonomy, developmental maturity, and safety needs.

Local departments shall provide any person who chooses to decline or terminate such housing support prior to the person's twenty-first birthday written notice of the person's right to request restoration of housing support in accordance with this section. Such notice shall be included in the person's transition plan, which shall be created within 90 days prior to the person's discharge from foster care.

2022, Sp. Sess. I, c. 7 .
Va. Code Ann. § 63.2-203.1 — Virginia Code / Title 63.2 / Subtitle I / Chapter 2 / Article 1 / Section 63.2-203.1
Intervention by Commissioner; corrective action plans; assumption of temporary control of local boards and local departments
Status: in_force

A. In cases where a local department requests assistance, the Commissioner shall have the authority to utilize Department staff or contract with private entities to provide public assistance and social services programs in the locality served by the local board.

B. The Commissioner shall have the authority to create and enforce a corrective action plan for any local board and local department that, in the Commissioner's discretion, (i) fails to administer public assistance and social services programs in accordance with applicable laws and regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of a child or adult. The corrective action plan shall (a) include specific objectives that the local board shall meet in order to comply with applicable laws and regulations and ensure the health, safety, and well-being of all children and adults about whom a report of abuse or neglect was made or who is in the local board's supervision and control and (b) set the date by which such objectives shall be completed, which shall not extend beyond 90 days after implementation of the corrective action plan unless the Commissioner determines that the objectives of the corrective action plan cannot be reasonably accomplished within such time frame. During the time the corrective action plan is in effect, the Commissioner may direct Department staff to provide assistance to the local board, monitor its progress in meeting the objectives stated in the plan, and take any measures necessary to protect the health, safety, and well-being of children about whom a report of abuse or neglect was made in accordance with the provisions of this chapter or who is in the local board's supervision and control. The Commissioner shall provide regular updates to the chairman of the Board, chairman of the local board, and local director regarding the local board's progress in meeting the objectives of the corrective action plan.

Prior to implementing a corrective action plan, the Commissioner shall provide written notice of his intent to implement the corrective action plan and the reasons that such plan was developed to the chairman of the Board, chairman of the local board, and local director. Upon request by the chairman of the Board, chairman of the local board, or local director, the Commissioner shall hold a hearing to determine whether a corrective action plan is appropriate.

C. If the local board fails to timely comply with the corrective action plan, the Commissioner shall have the authority to temporarily assume control over all or part of the local board's operations. Upon assuming such control, the Commissioner may utilize Department staff or contract with private entities to provide public assistance and social services in the locality served by the local board. For any period during which a local board is under the Commissioner's control, the Commissioner shall work with the local board and local director to make any adjustments necessary to facilitate the local board's resumption of control over its public assistance and social services. The Commissioner shall remit control of such public assistance and social services to the local board upon determining that the local board has made all adjustments necessary to ensure that public assistance and social services are provided in compliance with state and federal law and regulations and in a manner that adequately protects the health, safety, and well-being of all children about whom a report of abuse or neglect was made in accordance with the provisions of this chapter or who is in the local board's supervision and control.

D. If the local board fails to timely comply with the corrective action plan, the Commissioner, in coordination with the Director of the Department of Planning and Budget, shall have the authority to withhold any funds of the Commonwealth otherwise appropriated for use by the local board until such time that it fully complies with the corrective action plan.

E. For any period during which the local board is under the Commissioner's control pursuant to subsection C, the local board shall maintain the local share of the funding for the local department at an unreduced amount.

2026, cc. 835 , 900 .
Va. Code Ann. § 63.2-601.2 — Virginia Code / Title 63.2 / Subtitle II / Chapter 6 / Section 63.2-601.2
Statewide Temporary Assistance for Needy Families (TANF) Program Funding Pool Program
Status: in_force

A. The Department shall develop a Statewide TANF Program Funding Pool Program (the Funding Pool Program) and shall allocate to the Funding Pool Program that portion of the TANF block grant to be awarded to service providers for expanded TANF programs, which shall include all funds not transferred to the Social Services Block Grant or used for cash assistance, employment services, or child-care benefits through the TANF program, up to an amount equal to 12 percent of the total amount of the TANF block grant for that year.

B. Prior to submission of its proposed biennial budget to the Governor, the Department shall issue a Request for Proposals for use of available funds from the Funding Pool Program to service providers providing expanded TANF programs through a competitive process that is designed in a manner that ensures that all service providers in the Commonwealth, regardless of size or geographic location, are afforded the opportunity to apply for funds. All programs and services funded through the Funding Pool Program shall comply with all federal and state statutory and regulatory requirements and shall serve the stated purposes of the TANF program.

C. In developing the Request for Proposals, the Department shall include:

1. A long-range planning and priority-setting process to identify state and local service needs and avoid overlap or duplication of services. The planning and priority-setting process shall include opportunity for citizen participation and consideration of local and statewide service needs and priorities;

2. A competitive process, to include uniform eligibility criteria for service providers seeking funding and uniform application and selection procedures for comparable service categories;

3. Uniform oversight, administrative, and reporting requirements for service providers receiving funding through the Funding Pool Program; and

4. Uniform program evaluation criteria to determine the effectiveness and efficiency of comparable services funded through the Funding Pool Program.

D. The Department shall require all service providers applying for funding through the Funding Pool Program to submit a detailed proposal that includes a proposed budget, proposed program outcomes, and proposed program outcome measures. Following review of applications for funding received pursuant to this section, the Department shall provide a summary of the requests for funding and recommendations to the Governor and the General Assembly of the programs to be funded in the proposed biennial budget, the levels of funding recommended, and the rationale for such recommendations, and the Governor shall consider such recommendations in developing the proposed budget.

E. The Department shall require all providers receiving Funding Pool Program funds to report annually on the use of the funds and outcomes achieved and shall include such information in its annual report to the General Assembly.

2011, c. 531 ; 2020, cc. 860 , 861 .
Va. Code Ann. § 63.2-1703 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 17 / Article 1 / Section 63.2-1703
Variances
Status: in_force

The Commissioner may grant a variance to a regulation when the Commissioner determines that (i) a licensee or applicant for licensure as an assisted living facility, adult day center or child welfare agency has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents, participants or children in care. The Commissioner shall review each allowable variance at least annually. At a minimum, this review shall address the impact of the allowable variance on persons in care, adherence by the licensee to any conditions attached, and the continuing need for the allowable variance.

Code 1950, § 63-233; 1968, cc. 578, 585, § 63.1-196; 1972, c. 540; 1974, c. 419; 1975, c. 386; 1979, c. 483; 1985, c. 384; 1992, c. 666; 1993, cc. 730, 742; 1999, c. 740 ; 2002, c. 747 .
Va. Code Ann. § 63.2-1928 — Virginia Code / Title 63.2 / Subtitle V / Chapter 19 / Article 6 / Section 63.2-1928
Service of lien
Status: in_force

The Commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person, firm, corporation, association, political subdivision or department of the Commonwealth in possession of earnings, or deposits or balances held in any bank account of any nature that are due, owing, or belonging to such debtor. Such support lien shall be served upon the person, firm, corporation, association, political subdivision or department of the Commonwealth either in the manner prescribed for the service of warrant in a civil action or by certified mail, return receipt requested. At any time after a support lien has been filed, the Director may notify consumer credit reporting agencies that the lien has been filed. No lien filed under § 63.2-1927 shall have any effect against earnings or bank deposits or balances unless it states the amount of the support debt accrued and unless service upon such person, firm, corporation, association, political subdivision or department of the Commonwealth in possession of earnings or bank accounts, deposits or balances is accomplished pursuant to this section.

1974, c. 413, § 63.1-255; 1976, c. 357; 1988, c. 906; 2002, c. 747 .
Va. Code Ann. § 63.2-1402 — Virginia Code / Title 63.2 / Subtitle III / Chapter 14 / Section 63.2-1402
Definitions
Status: in_force

For the purposes of this chapter:

"Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

"Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

1988, c. 154, § 63.1-238.8; 2002, c. 747 .
Va. Code Ann. § 63.2-1802 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1802
Safe, secure environments for residents with serious cognitive impairments
Status: in_force

A. Assisted living facilities may provide safe, secure environments for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia if they comply with the Board's regulations governing such placement. The Board's regulations shall define (i) serious cognitive impairment, which shall include, but not be limited to, an assessment by a clinical psychologist licensed to practice in the Commonwealth or by a physician and (ii) safe, secure environment.

B. Prior to placing a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia in a safe, secure environment, an assisted living facility shall obtain the written approval of one of the following persons, in the specified order of priority: (i) the resident, if capable of making an informed decision; (ii) a guardian or legal representative for the resident; however, such an appointment shall not be required in order that written approval may be obtained; (iii) a relative authorized pursuant to the Board's regulations to act as the resident's representative; or (iv) an independent physician who is skilled and knowledgeable in the diagnosis and treatment of dementia, if a guardian, legal representative or relative is unavailable. Such written approval shall be retained in the resident's file.

C. The Board of Social Services shall amend 22VAC40-73-1130 governing staffing of units of assisted living facilities with residents who have serious cognitive impairment due to a primary psychiatric diagnosis of dementia and are unable to recognize danger or protect their own safety and welfare to require that the following number of direct care staff members be awake and on duty and responsible for the care and supervision of the residents at all times during night hours:

1. When 22 or fewer residents are present, at least two direct care staff members;

2. When 23 to 32 residents are present, at least three direct care staff members;

3. When 33 to 40 residents are present, at least four direct care staff members; and

4. When more than 40 residents are present, at least four direct care staff members plus at least one additional direct care staff member for every 10 residents or portion thereof in excess of 40 residents.

Nothing in this subsection shall apply to the provisions of 22VAC40-73-280.

Code 1950, § 63-223; 1954, c. 259; 1968, c. 578, § 63.1-174; 1973, c. 227; 1991, c. 532; 1993, cc. 957, 993; 1995, c. 649 ; 1997, c. 397 ; 2000, cc. 804 , 808 , 845 ; 2001, c. 161 ; 2002, cc. 332 , 747 ; 2003, c. 467 ; 2019, cc. 97 , 294 .
Va. Code Ann. § 63.2-1516.1 — Virginia Code / Title 63.2 / Subtitle III / Chapter 15 / Article 4 / Section 63.2-1516.1
Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations
Status: in_force

A. Except as provided in subsection B of this section, in cases where a child is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the local department conducting the investigation shall comply with the following provisions in conducting its investigation:

1. The local department shall conduct a face-to-face interview with the person who is the subject of the complaint or report.

2. At the onset of the initial interview with the alleged abuser or neglector, the local department shall notify him in writing of the general nature of the complaint and the identity of the alleged child victim regarding the purpose of the contacts.

3. The written notification shall include the information that the alleged abuser or neglector has the right to have an attorney or other representative of his choice present during his interviews. However, the failure by a representative of the Department of Social Services to so advise the subject of the complaint shall not cause an otherwise voluntary statement to be inadmissible in a criminal proceeding.

4. Written notification of the findings shall be submitted to the alleged abuser or neglector. The notification shall include a summary of the investigation and an explanation of how the information gathered supports the disposition.

5. The written notification of the findings shall inform the alleged abuser or neglector of his right to appeal.

6. The written notification of the findings shall inform the alleged abuser or neglector of his right to review information about himself in the record with the following exceptions:

a. The identity of the person making the report.

b. Information provided by any law-enforcement official.

c. Information that may endanger the well-being of the child.

d. The identity of a witness or any other person if such release may endanger the life or safety of such witness or person.

B. In all cases in which an alleged act of child abuse or neglect is also being criminally investigated by a law-enforcement agency, and the local department is conducting a joint investigation with a law-enforcement officer in regard to such an alleged act, no information in the possession of the local department from such joint investigation shall be released by the local department except as authorized by the investigating law-enforcement officer or his supervisor or the local attorney for the Commonwealth.

C. Failure to comply with investigation procedures does not preclude a finding of abuse or neglect if such a finding is warranted by the facts.

2003, cc. 986 , 1013 .
Va. Code Ann. § 63.2-106 — Virginia Code / Title 63.2 / Subtitle I / Chapter 1 / Section 63.2-106
Failure to obey subpoena or charging illegal fees; penalty
Status: in_force

If any person fails or refuses to obey any subpoena issued under the provisions of § 63.2-220 or § 63.2-322 , or charges or receives any fee contrary to the provisions of § 63.2-508 , he shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 63-139, 63-160, 63-203, 63-219; 1968, c. 578, § 63.1-125; 2002, c. 747 .
Va. Code Ann. § 63.2-510 — Virginia Code / Title 63.2 / Subtitle II / Chapter 5 / Section 63.2-510
Obligation of person to support certain children living in same home; penalty
Status: in_force

A person is responsible for the support and maintenance of any child or children living in the same home in which he and the natural or adoptive parent of such child or children cohabit as spouses and any such person who without cause willfully neglects or refuses or fails to provide for such support and maintenance is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of § 20-61 .

A pregnancy or the birth of a child during the time a person occupies the status set out above shall not be required as proof of cohabitation.

The obligations imposed herein shall continue so long as such person occupies the status herein described.

1972, c. 536, § 63.1-90.1; 1974, c. 464; 2002, c. 747 ; 2020, c. 900 .
Va. Code Ann. § 63.2-1235 — Virginia Code / Title 63.2 / Subtitle III / Chapter 12 / Article 3 / Section 63.2-1235
Adoptive home not in child's best interests
Status: in_force

If the juvenile and domestic relations district court determines from the information provided to it that placement in the prospective adoptive home will be contrary to the best interests of the child, it shall so inform the birth parents. If the birth parents choose not to retain custody of the child nor to designate other prospective adoptive parents, or if the birth parents' whereabouts are not reasonably ascertainable, the juvenile and domestic relations district court shall determine custody of the child.

1989, c. 647, § 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338, 553; 1995, cc. 772 , 826 ; 1999, c. 1028 ; 2000, c. 830 , § 63.1-219.42; 2002, c. 747 .
Va. Code Ann. § 63.2-311 — Virginia Code / Title 63.2 / Subtitle I / Chapter 3 / Article 1 / Section 63.2-311
Fiscal officer for district board; compensation of such officer
Status: in_force

Whenever two or more political subdivisions establish a district pursuant to § 63.2-306 there shall be appointed a district fiscal officer for such district board. The district fiscal officer shall perform all the fiscal functions for the district board that had been previously performed for the local board by the treasurer or other fiscal officer of each locality within the district. The district fiscal officer for such district board shall be the treasurer of one of the participating counties or cities or combination of counties and cities, as mutually agreed upon by the district board with the approval of the governing bodies. In the event the local authorities cannot agree on the selection of a district fiscal officer, the Commissioner shall designate such district fiscal officer. For his services as district fiscal officer, the treasurer shall be paid such salary as may be agreed upon by the district board. In the event the district board and the treasurer so designated cannot agree on such compensation, then the amount of salary to be paid shall be determined by a court of competent jurisdiction and the amount so fixed by the judge shall be binding upon both the treasurer and the district board. Provided, that nothing contained in this section shall affect the regular salary or expense allowance of the treasurer as fixed annually by the State Compensation Board.

1973, c. 201, § 63.1-47.1; 1974, cc. 44, 45, 503; 2002, c. 747 .
Va. Code Ann. § 63.2-1803 — Virginia Code / Title 63.2 / Subtitle IV / Chapter 18 / Article 1 / Section 63.2-1803
Staffing of assisted living facilities
Status: in_force

A. An administrator of an assisted living facility shall be licensed as an assisted living facility administrator by the Virginia Board of Long-Term Care Administrators pursuant to Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1. However, an administrator of an assisted living facility licensed for residential living care only shall not be required to be licensed. Any person meeting the qualifications for a licensed nursing home administrator under § 54.1-3103 shall be deemed qualified to (i) serve as an administrator of an assisted living facility or (ii) serve as the administrator of both an assisted living facility and a licensed nursing home, provided the assisted living facility and licensed nursing home are part of the same building.

B. If a licensed assisted living facility administrator dies, resigns, is discharged, or becomes unable to perform his duties, the assisted living facility shall immediately employ a licensed administrator or appoint an acting administrator who is qualified by education for an approved administrator-in-training program and has a minimum of one year of administrative or supervisory experience in a health care or long-term care facility, or has completed such a program and is awaiting licensure. The facility shall give immediate notice to the regional licensing office of the Department of Social Services and to the Board of Long-Term Care Administrators that the licensed administrator died, resigned, was discharged, or became unable to perform his duties and shall provide the last date of employment of the licensed administrator. When an acting administrator is named, he shall notify the Department of his employment and, if intending to assume the position permanently, submit a completed application for an approved administrator-in-training program to the Board of Long-Term Care Administrators within 10 days of employment. An assisted living facility may be operated by an acting administrator for no more than 150 days, or not more than 90 days if the acting administrator has not applied for licensure, from the last date of employment of the licensed administrator.

C. The Department may grant an extension of up to 30 days in addition to the 150 days from the last date of employment of a licensed administrator if the acting administrator has applied for licensure as a long-term care administrator pursuant to Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1, has completed the administrator-in-training program, and is awaiting the results of the national examination. If a 30-day extension is granted, the acting administrator shall immediately submit written notice to the Board of Long-Term Care Administrators. In no case shall an assisted living facility be operated with an acting administrator for more than 180 days, including the 30-day extension, from the last date of employment of a licensed administrator.

D. No assisted living facility shall operate under the supervision of an acting administrator pursuant to § 54.1-3103.1 and this section more than two times during any two-year period unless authorized to do so by the Department. Determinations regarding authorization to operate under the supervision of an acting administrator for more than two times in any two-year period shall be made by the Department on a case-by-case basis.

E. The assisted living facility shall have adequate, appropriate, and sufficient staff to provide services to attain and maintain (i) the physical, mental and psychosocial well-being of each resident as determined by resident assessments and individual plans of care and (ii) the physical safety of the residents on the premises. Upon admission and upon request, the assisted living facility shall provide in writing a description of the types of staff working in the facility and the services provided, including the hours such services are available.

Code 1950, §§ 63-222, 63-223; 1954, c. 259; 1968, c. 578, §§ 63.1-172, 63.1-174; 1972, c. 718; 1973, c. 227; 1975, c. 437; 1977, c. 105; 1985, cc. 17, 518; 1991, c. 532; 1992, c. 356; 1993, cc. 957, 993; 1994, c. 107 ; 1995, c. 649 ; 1997, c. 397 ; 1998, cc. 552 , 850 ; 2000, cc. 804 , 808 , 845 ; 2001, c. 161 ; 2002, c. 747 ; 2003, c. 467 ; 2005, cc. 610 , 924 ; 2011, c. 609 ; 2019, c. 448 .