dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1927. Assertion of lien; effect.
Ten days after service of the notice containing the proposed administrative support order as provided in § 63.2-1916, or immediately upon receipt by the Department of a court order or foreign support order, a lien may be asserted by the Commissioner upon the real or personal property of the debtor. The claim of the Department for a support debt, not paid when due, shall be a lien when docketed against all property of the debtor in the county or city where docketed with priority of a secured creditor. The Department's lien shall take priority over all other debts and creditors under state law of such debtor including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement except that the Department's lien shall be inferior to those liens created under § 8.01-66.2 or § 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. However, the lien of the Department shall be subordinate to the lien of any prior mortgagee. The Department shall have the sole authority to negotiate settlement of its liens. Settlement of the Department's support liens does not affect the remaining support arrearages. This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title. Such order, when an abstract thereof is docketed with the circuit court, shall have the same effect as a docketed abstract of judgment from another Virginia court.

Whenever a support lien has been filed and there is in the possession of any person, firm, corporation, association, political subdivision or department of the Commonwealth having notice of such lien, any property which may be subject to the support lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed, except as provided for by the exemptions contained in § 63.2-1933, unless a written release or waiver signed by the Commissioner has been delivered to such person, firm, corporation, association, political subdivision or department of the Commonwealth or unless a determination has been made in a hearing pursuant to § 63.2-1916 or by a court ordering release of such support lien on the basis that no debt exists or that the debt has been satisfied.

1974, c. 413, § 63.1-254; 1976, c. 357; 1988, c. 906; 2002, c. 747; 2003, cc. 929, 942.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1928. Service of lien.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1930. Civil liability upon failure to comply with lien, order, etc.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1932.1. Automated administrative enforcement in interstate cases.
A. The Department shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state. For purposes of this section, "high volume automated administrative enforcement" in interstate cases means, on the request of another state, the identification by the Department, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the Department through levy or other appropriate processes.

B. The Department may, by electronic or other means, transmit to another state a request for assistance in enforcing child support orders through high-volume automated administrative enforcement. The request shall (i) include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state; and (ii) shall constitute a certification by the Department of the amount of support in arrears and of the Department's compliance with all procedural due process requirements applicable to each case.

C. If the Department provides assistance to another state pursuant to this section, neither the Department nor the state shall consider the case to be transferred to the caseload of the other state.

D. The Department shall maintain records of (i) the number of such requests for assistance pursuant to this section; (ii) the number of cases for which the Department collected support in response to such a request; and (iii) the amount of such collected support.

2002, c. 112, § 63.1-260.4.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1933. Distraint, seizure and sale of property subject to liens.
Whenever a support lien has been filed pursuant to § 63.2-1927, the Commissioner may collect the support debt stated in such lien by distraint, seizure and sale of the property subject to such lien. The Commissioner shall give notice by certified mail, return receipt requested, or electronic means to the debtor and by certified mail, return receipt requested, to any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of sale of such property. A notice specifying the property to be sold shall be posted in at least two public places in the jurisdiction wherein the distraint has been made. The time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. Such sale shall be conducted by the Commissioner, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the Commissioner may declare such property to be purchased by the Department for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor's account shall be credited with the amount for which the property has been sold. Property acquired by the Department as herein prescribed may be sold by the Commissioner at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the Department. In all cases of sale, as aforesaid, the Commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the Commissioner to make such sale and conclusive evidence of the regularity of his proceeding in making the sale and shall transfer to the purchaser all right, title, and interest of the debtor in such property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the Department, shall be first applied by the Commissioner to reimbursement of the costs of distraint and the sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the Commissioner shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the Commonwealth or its political subdivisions or by the Commissioner for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from attachment, distraint, seizure, execution and sale under this chapter such property as is exempt therefrom under the laws of this Commonwealth.

1974, c. 413, § 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c. 747; 2016, c. 29.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1934. Action for foreclosure of lien; satisfaction.
Whenever a support lien has been filed, an action in foreclosure of lien upon real or personal property may be brought in the circuit court of the jurisdiction wherein such real or personal property is or was located and the lien was filed. Judgment if rendered in favor of the Department shall be for the amount due, with costs, and the court shall allow, as part of the costs, the moneys paid for making and filing the claim of lien, and a reasonable attorney's fee. The court shall order any property upon which any lien provided for by this chapter is established, to be sold by the sheriff of the proper jurisdiction to satisfy the lien and costs. The payment of the lien debt, costs and reasonable attorney's fees, at any time before sale, shall satisfy the judgment of foreclosure. Where the net proceeds of sale upon application to the debt claimed do not satisfy the debt in full, the Department shall have judgment over any deficiency remaining unsatisfied and further levy upon other property of the judgment debtor may be made under the same execution. In all sales contemplated under this section, advertising of notice shall only be necessary for two weeks in a newspaper published in the jurisdiction where such property is located, and if there be no newspaper therein, then in the most convenient newspaper having a circulation in such jurisdiction. Remedies provided for herein are alternatives to remedies provided for in other sections of this chapter.

1974, c. 413, § 63.1-262; 1976, c. 357; 1988, c. 906; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1935. Satisfaction of lien after foreclosure proceedings instituted; redemption.
Any person owning real property, or any interest in real property, against which a support lien has been filed and foreclosure instituted, shall have the right to pay the amount due, together with expenses of the proceedings and reasonable attorney fee to the Commissioner and upon such payment the Commissioner shall restore said property to him and all further proceedings in such foreclosure action shall cease. Such person shall also have the right within 240 days after sale of property foreclosed under § 63.2-1934 to redeem said property by making payment to the purchaser in the amount paid by the purchaser plus interest thereon at the rate of six per centum per annum.

1974, c. 413, § 63.1-263; 1976, c. 357; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1936. Procedures for posting security, bond or guarantee to secure payment of overdue support.
The Department shall require, if feasible and consistent with guidelines established by the Department, that the noncustodial parent post security or bond or give some guarantee to secure overdue payments. Advance notice shall be sent to the noncustodial parent setting forth (i) the amount of the delinquency, (ii) the proposed action to be taken by the Department, (iii) the method available for contesting the impending action and (iv) that only a "mistake of fact" as defined in § 63.2-1900 may be contested.

1986, c. 594, § 63.1-250.4; 1988, c. 906; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1938. Commissioner may release lien or order or return seized property.
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.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1939. Commissioner may make demand, file and serve liens, when payments appear in jeopardy.
If the Commissioner finds that the collection of any support debt based upon subrogation to or authorization to enforce the amount of support ordered by any court order or decree of divorce is in jeopardy, he may make demand under § 63.2-1916 for immediate payment of the support debt. Upon failure or refusal immediately to pay such support debt, he may file and serve liens pursuant to §§ 63.2-1927 and 63.2-1928, without regard to the ten-day period provided for in § 63.2-1916. However, no further action under §§ 63.2-1929, 63.2-1933 and 63.2-1934 may be taken until the notice requirements of § 63.2-1916 are met.

1974, c. 413, § 63.1-266; 1976, c. 357; 1988, c. 906; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1940. Reporting payment arrearage information to consumer credit reporting agencies.
The Division of Child Support Enforcement shall provide support payment arrearage information on noncustodial parents, as defined in § 63.2-100, to consumer credit reporting agencies. Advance notice shall be sent to the noncustodial parent of the proposed release of arrearage information. The notice shall include information on the procedures available to the noncustodial parent for contesting the accuracy of the arrearage information.

1988, c. 906, § 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665; 1997, cc. 796, 895; 2001, c. 573; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1940.1. Publishing a most wanted delinquent parent list; coordinated arrests.
The Division of Child Support Enforcement shall (i) publish at regular intervals a list of the most wanted delinquent parents as determined by the Commissioner together with arrearage information and other identifying information, including but not limited to, a photograph, occupation and last known address for the purpose of locating such delinquent parents and (ii) periodically conduct coordinated arrests of delinquent parents in conjunction with state and local criminal justice agencies pursuant to § 16.1-278.16.

2003, cc. 929, 942.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1941. Additional enforcement remedies.
In addition to its other enforcement remedies, the Division of Child Support Enforcement is authorized to:

1. Attach unemployment benefits through the Virginia Employment Commission pursuant to § 60.2-608 and workers' compensation benefits through the Workers' Compensation Commission pursuant to § 65.2-531; and

2. Suspend an individual's driving privileges pursuant to § 46.2-320.1.

2002, c. 747; 2012, c. 829; 2020, cc. 1227, 1246.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1942. Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to debtor; set-off debt collection.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1943. Appeal from decision of hearing officer.
An appeal may be taken by filing a written notice of appeal with the clerk of the court having proper jurisdiction to review the decision of the hearing officer. The clerk shall send reasonable notice of such appeal, which shall include the date and time of the hearing, to the appellee or to the Department when, at the request of another state's child support agency, it is acting on behalf of a nonresident obligee. A nonresident obligee for whom the Department is acting is not required to appear at the hearing. Evidence relative to the support obligation may be taken from a nonresident obligee by deposition and presented by the Department at the hearing. Such appeal shall be taken within ten days of receipt of the hearing officer's decision.

From the decision of the hearing officer provided for in clause (iii) of subsection B of § 63.2-1924, and §§ 63.2-1916, 63.2-1929, and 63.2-1942 there shall be an appeal de novo to the juvenile and domestic relations district court of the jurisdiction wherein the appellant resides. If the appellant is a nonresident, venue on appeal shall be where the appellee resides. If both the appellant and the appellee are nonresidents, venue shall be where the property of the obligor is located or where the place of business of the obligor's employer is located; if more than one venue is available, then the appellant shall elect the place of venue.

An appeal shall be to the circuit court with respect to determinations under the Setoff Debt Collection Act pursuant to Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 concerning state income tax overpayments and with respect to federal income tax set-off actions.

1984, c. 652, § 63.1-268.1; 1987, c. 640; 1988, c. 906; 1990, c. 896; 1991, c. 183; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1944. Employee debtor rights protected; limitation.
No employer shall discharge an employee or terminate a contract with an independent contractor solely for reason that a voluntary assignment of earnings under § 63.2-1945 has been presented in settlement of a support debt or that a support lien or order to withhold and deliver has been served against such employee's or independent contractor's earnings or income.

1974, c. 413, § 63.1-271; 1976, c. 357; 1977, c. 662; 1985, c. 488; 1986, c. 594; 2002, c. 747; 2020, c. 722.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1945. Assignment of earnings to be honored; inapplicability of § 40.1-31.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1947. Assistance by Office of the Attorney General.
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.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1948. Payment by Department for legal services.
Notwithstanding any provision of §§ 2.2-2814, 2.2-2815, 2.2-2816, 2.2-2823, 2.2-2824, 2.2-2825 or § 2.2-2826 to the contrary, whenever there shall be authorized by law an attorney for the Commonwealth, the Department may contract with the county or city or combination thereof for whom such attorney for the Commonwealth is authorized regarding the payment by the Department of the salary, expenses, including secretarial services, and allowances or part thereof of such attorney, as shall be approved by the Compensation Board, for the entire time devoted to these duties. Any such contract may provide that the county, city or combination thereof shall pay such salary, expenses and allowances and that the Department shall reimburse such county or city therefor. The amount of such salary, expenses and allowances shall be set by the Compensation Board as provided by law.

Whenever there is in any county or city a county attorney or city attorney whose duties consist of legal services with respect to the provisions of this chapter, the Department may contract with such county or city regarding the duties of such county or city attorney and regarding payment by the Department of the salary, expenses, including secretarial services, and allowances or part thereof of such attorney for the time devoted to these duties. Any such contract may provide that the county or city shall pay such salary, expenses and allowances and that the Department shall reimburse such county or city therefor.

1988, c. 906, § 63.1-274.9; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1949. Authority of city, county, or attorney for the Commonwealth to represent the Department.
In order to carry out the responsibilities of the Department imposed under this chapter, any city or county attorney is authorized to represent the Department in any civil proceeding necessary for the establishment, modification, enforcement, or collection of support obligations and any attorney for the Commonwealth is authorized to represent the Department in any civil or criminal proceeding necessary for the establishment, modification, enforcement, or collection of support obligations.

1988, c. 906, § 63.1-274.4; 1990, c. 85; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1950. Child support enforcement privatized legal services.
The Attorney General shall provide and supervise legal services to the Division of Child Support Enforcement in child support enforcement cases to establish, obligate, enforce and collect child support. In addition to other methods of providing legal services as may be authorized by law, the Attorney General may contract with private attorneys to provide such services as special counsel pursuant to § 2.2-510 or to conduct programs to evaluate the costs and benefits of the privatization of such legal services. The compensation for such special and private counsel shall be paid out of funds received by the Division of Child Support Enforcement as provided by state and federal law and such reasonable attorney's fees as may be recovered. The Attorney General may also use collection agencies as may be necessary and cost-effective to pursue fully the recovery of all costs and fees authorized by § 63.2-1960 in proceedings to enforce child support obligations.

1996, c. 1054, § 63.1-249.1; 1998, cc. 494, 499; 2002, cc. 262, 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1951. Interest on support payments collected.
The Department shall pay interest to the payee as provided in this section on certain spousal or child support payments it collects which have been ordered by a court or established by administrative order to be paid to or through the Department to the payee and for which the Department has an assignment of rights or has been given an authorization to seek or enforce a support obligation as those terms are defined in §§ 63.2-100 and 63.2-1900. Such interest shall accrue, at the legal rate as established by § 6.2-301, on all support payments collected by the Department and paid to the payee more than thirty days following the end of the month in which the payment was received by the Department in nonpublic assistance cases. Interest shall be charged to the Department on such payments if the Department has an established case and if the obligor or payor provides identifying information including the Department case number or the noncustodial parent's name and correct social security number.

1987, c. 609, § 63.1-250.1:1; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1952. Interest on debts due.
Interest at the judgment interest rate as established by § 6.2-302 on any arrearage pursuant to an order being enforced by the Department pursuant to this chapter shall be collected by the Commissioner except in the case of a minor obligor during the period of his minority. The Commissioner shall maintain interest balance due accounts. In accordance with § 63.2-1908.1, the Commissioner may compromise interest on debt owed to the Commonwealth for reimbursement of public assistance paid.

1974, c. 413, § 63.1-267; 1976, c. 357; 1995, c. 483; 2002, c. 747; 2015, c. 506.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1953. Disposition of funds collected as debts to Department.
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.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1954. Distribution of collection.
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.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1954.1. Repealed.
Repealed by Acts 2010, c. 243, cl. 2, effective April 7, 2010.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1955. Distribution of collections from federal tax refund offsets.
Distribution of amounts collected by the Department as a result of an offset made under the Federal Tax Refund Offset Program (P.L. 97-35, as amended) to satisfy non-TANF past-due support from a federal tax refund based upon a joint return shall be made when the Department is notified that the unobligated spouse's proper share of the refund has been paid or 180 days following receipt of the offset, whichever is earlier. The Department shall establish procedures for the prompt refund of any incorrect offset amounts and the compensation of unobligated spouses for the payment of their shares to obligees.

1997, c. 653, § 63.1-251.4; 1998, c. 781; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1956. Release of excess funds to debtor.
Whenever any person, firm, corporation, association, political subdivision or department of the Commonwealth has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department plus $100, such person, firm, corporation, association, political subdivision or department of the Commonwealth may, without liability under this chapter, release such excess to the debtor.

1974, c. 413, § 63.1-259; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1957. Unidentifiable moneys held in special account.
All moneys collected in fees, costs, attorney fees, interest payments, or other funds received by the Commissioner which are unidentifiable as to the support account against which they should be credited, shall be held in a special fund from which the Commissioner may make disbursement for any costs or expenses incurred in the administration or enforcement of the provisions of this chapter.

1974, c. 413, § 63.1-269; 1976, c. 357; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1958. Charging off support debts as uncollectible.
Any support debt due the Department pursuant to § 63.2-1908 that the Commissioner deems uncollectible may be transferred from accounts receivable to a doubtful account, cease to be accounted as an asset, and discharged from its records.

1974, c. 413, § 63.1-270; 1975, c. 596; 1976, c. 357; 1988, c. 906; 1992, c. 716; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1959. Department exempt from fees.
No filing or recording fees, court fees, or fees for service of process shall be required from the Department by any clerk, auditor, sheriff or other local officer for the filing of any actions or documents authorized by this chapter or, for the service of any summons or other process in any action or proceeding authorized by this chapter.

1988, c. 906, § 63.1-274.7; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 19 (CHILD SUPPORT ENFORCEMENT)
§ 63.2-1960. Recovery of certain fees and costs.
The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, reasonable attorneys' fees. All such fees recovered in proceedings to collect child support arrearages shall be retained by the Department in a special fund for the support of the Division of Support Enforcement. The Department shall also have the authority to assess and recover costs in such cases. However, the Department shall not be entitled to recover attorneys' fees or costs in any case in which the noncustodial parent prevails.

The Department shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department by the provider of genetic testing services.

The Department shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent. The intercept programs' costs shall be set at the rate actually charged the Department.

The Department shall have the authority to assess and recover the actual costs of fees for service of process, and seizure and sale pursuant to a levy on a judgment in enforcement actions from the noncustodial parent.

The fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.

1991, c. 390, § 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896; 2002, c. 747; 2005, c. 880.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-200. Department of Social Services created.
The Department of Social Services is hereby created in the executive branch responsible to the Governor. The Department shall be under the supervision and management of the Commissioner of Social Services.

1974, cc. 44, 45, § 63.1-1.1; 1981, c. 21; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-201. Appointment of Commissioner.
The Commissioner of Social Services, shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when the appointment is made, and if not in session, then at its next succeeding session.

Code 1950, § 63-2; 1968, c. 578, § 63.1-2; 1974, cc. 44, 45; 1981, c. 21; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-202. Term of office; vacancies.
The Commissioner shall hold office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment, or until his successor is appointed and qualified. Vacancies shall be filled in the same manner as original appointments are made.

Code 1950, § 63-3; 1968, c. 578, § 63.1-3; 1981, c. 21; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-203. Powers and duties of Commissioner generally.
A. The Commissioner, subject to the regulations of the Board, shall have all of the powers and perform all the duties conferred upon him by law. Except as otherwise provided, he shall supervise the administration of the provisions of this title and shall see that all laws pertaining to the Department are carried out to their true intent and spirit.

B. The Commissioner shall enforce the regulations adopted by the Board.

Code 1950, §§ 63-5, 63-38, 63-254; 1968, cc. 578, 670, §§ 63.1-4, 63.1-31, 63.1-217; 1974, cc. 44, 45; 1981, c. 21; 1999, cc. 737, 763; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-204. Cooperation with local authorities.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-205. Requiring reports from local boards; forms and submission schedule; approval of budgets by Commissioner.
A. The Commissioner shall require of local boards such reports relating to the administration of this title as the Commissioner may deem necessary to enable the Board and the Commissioner to exercise and perform the functions, duties and powers conferred and imposed by this title. He shall prescribe the form and submission schedule of applications, reports, affidavits, budgets and budget exhibits, and such other forms as may be required in the administration of this title.

B. The Commissioner shall review budget requests submitted by local boards, make modifications consistent with the requirements of this title and transmit the approved budget to each local board.

Code 1950, §§ 63-40, 63-42; 1968, c. 578, § 63.1-33; 1975, c. 368; 1976, c. 383; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-206. Cooperation with federal agencies.
The Commissioner shall cooperate with the Department of Health and Human Services and other agencies of the United States and with the local boards, in relation to matters set forth in this title, and in any reasonable manner that may be necessary for this Commonwealth to qualify for and to receive grants or aid from such federal agencies for public assistance and services in conformity with the provisions of this title, including grants or aid to assist in providing rehabilitation and other services to help individuals to attain or retain capability for self-care or self-support and such services as are likely to prevent or reduce dependency and, in the case of dependent children, to maintain and strengthen family life. The Commissioner shall make such reports in such form and containing information as such agencies of the United States may require and shall comply with such provisions as such agencies require to assure the correctness and verification of such reports.

Code 1950, § 63-43; 1968, c. 578, § 63.1-35; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-207. Authority to receive grants-in-aid, funds and gifts.
The Commissioner is authorized to receive, for and on behalf of the Commonwealth and its subdivisions, from the United States and agencies thereof, and from any and all other sources, grants-in-aid, funds and gifts, made for the purpose of providing, or to assist in providing, for funds for child welfare services including day care for children, disaster relief and emergency assistance awards, Temporary Assistance for Needy Families, and general relief, or any of them, including expenses of administration. Subject to the written approval of the Governor, the Commissioner is also authorized to receive from all such sources grants-in-aid, funds and gifts made for the purpose of alleviating, treating or preventing poverty, delinquency or other social problems encountered in programs under the supervision or administration of the Commissioner. All such funds shall be paid into the state treasury.

Code 1950, § 63-44; 1962, c. 297; 1964, c. 88; 1966, c. 105; 1968, c. 578, § 63.1-36; 1977, c. 37; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-208. Standards for personnel.
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.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-209. Divisions of Department; staffing.
A. The Commissioner shall establish in the Department such divisions and regional offices as may be necessary.

B. The Commissioner shall ensure that regional offices responsible for oversight of foster care and adoption services are equipped with sufficient staff, and in no event less than four staff members, to provide effective oversight of and assistance with foster care and adoption services provided by local boards in the Commonwealth. At least one staff member shall be tasked with (i) reviewing the placement of children by local boards in children's residential facilities to verify that such placements are warranted by medical necessity and (ii) monitoring other health-related issues, such as medication management, frequency of visits with health care providers, and use of psychotropic medications. At least one staff member shall be tasked with supporting the efforts of local boards to find family-based placement options for children who are placed in or at risk of being placed in a children's residential facility without a medical necessity for congregate care. At least one staff member shall be tasked with supporting the efforts of local boards to find a permanent placement for children who have the greatest risk of aging out of foster care without a permanent family. At least one staff member shall be tasked with conducting foster care and adoption case reviews to ensure that local boards within the region are providing foster care and adoption services in a manner that complies with state and federal laws and regulations and protects the health, safety, and well-being of children under the supervision and control of such local boards. Notwithstanding any other provision of law, staff of regional offices shall have the authority to provide temporary staff support to local departments experiencing higher than normal caseloads or staff shortages.

Code 1950, § 63-7; 1968, cc. 578, 669, § 63.1-7; 1974, cc. 44, 45; 1981, c. 21; 2002, c. 747; 2019, c. 446.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-209.1. Office of New Americans.
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.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 2 (STATE SOCIAL SERVICES)
§ 63.2-210. Appointment of division heads.
The Commissioner shall appoint heads of the divisions, subject to the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2.

Code 1950, § 63-8; 1968, c. 578, § 63.1-8; 1981, c. 21; 2002, c. 747.