dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-148. Establishment of Adult Protective Services Unit; powers and duties.
A. The Department shall have responsibility for the planning and oversight of adult protective services in the Commonwealth. The Commissioner shall establish within the Department for Aging and Rehabilitative Services an Adult Protective Services Unit which shall oversee the planning, administration, and implementation of adult protective services in the Commonwealth. Adult protective services shall be provided to the public by local departments of social services pursuant to Chapter 16 (§ 63.2-1600 et seq.) of Title 63.2 in cooperation with the Department and subject to the regulations and oversight of the Commissioner.

B. The Adult Protective Services Unit shall have the following powers and duties:

1. To work together with local departments of social services to support, strengthen, and evaluate adult protective services programs provided by such local departments;

2. To assist local departments of social services in developing and implementing programs to respond to and prevent adult abuse, neglect, or exploitation;

3. To prepare, disseminate, and present educational programs and materials on adult abuse, neglect, and exploitation to mandated reporters and the public;

4. To establish minimum standards of training and provide educational opportunities to qualify workers in the field of adult protective services to determine whether reports of adult abuse, neglect, or exploitation are substantiated. The Department shall establish and provide a uniform training program for adult protective services workers in the Commonwealth. All adult protective services workers shall complete such training within one year from the date of implementation of the training program or within the first year of their employment;

5. To develop policies and procedures to guide the work of persons in the field of adult protective services;

6. To prepare and disseminate statistical information on adult protective services in Virginia;

7. To operate an adult protective services 24-hour toll-free hotline and provide training and technical assistance to the hotline staff;

8. To provide coordination among the adult protective services program and other state agencies; and

9. To work collaboratively with other agencies in the Commonwealth to facilitate the reporting and investigation of suspected adult abuse, neglect, or exploitation.

2012, cc. 803, 835; 2014, c. 285.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-149. Policy statement; Virginia Public Guardian and Conservator Program established; definitions.
A. The General Assembly declares that it is the policy of the Commonwealth to ensure that persons who cannot adequately care for themselves because of incapacity (in this article, also referred to as clients) are able to meet essential requirements for physical and emotional health and management of financial resources with the assistance of a guardian or conservator, as appropriate, in circumstances where (i) the incapacitated person's financial resources are insufficient to fully compensate a private guardian or conservator and pay court costs and fees associated with the appointment proceeding and (ii) there is no other proper and suitable person willing and able to serve in such capacity or there is no guardian or conservator appointed within one month of adjudication pursuant to § 64.2-2015. In order to ensure that the protection and assistance of a guardian or conservator are available to all incapacitated persons in the Commonwealth, there is established the statewide Virginia Public Guardian and Conservator Program (the Program) within the Department to (a) facilitate the creation of local or regional programs to provide services as public guardians or conservators and (b) fund, coordinate, administer, and manage such programs.

B. The definitions found in § 64.2-2000 shall apply to this article.

1998, c. 787, §§ 2.1-373.10, 2.1-373.11; 2001, c. 844, § 2.2-711; 2005, c. 712; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-149.1. Public Guardian and Conservator Advisory Board; purpose; membership; terms.
A. The Public Guardian and Conservator Advisory Board (the Board) is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Board shall be to report to and advise the Commissioner on the means for effectuating the purposes of this article and shall assist in the coordination and management of the local and regional programs appointed to act as public guardians and conservators pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.

B. The Board shall consist of no more than 15 members who shall be appointed by the Governor as follows: one representative of the Virginia Association of Area Agencies on Aging; one representative of the Virginia State Bar; one active or retired circuit court judge upon recommendation of the Chief Justice of the Supreme Court; one representative of ARC of Virginia; one representative of the National Alliance on Mental Illness of Virginia; one representative of the Virginia League of Social Service Executives; one representative of the Virginia Association of Community Services Boards; the Commissioner of Social Services or his designee; the Commissioner of Behavioral Health and Developmental Services or his designee; and one person who is a member of the Commonwealth Council on Aging and such other individuals who may be qualified to assist in the duties of the Board, who may include a representative of the Commonwealth's designated protection and advocacy system.

C. The Commissioners of Social Services and Behavioral Health and Developmental Services, or their designees, and the representative of the Commonwealth Council on Aging shall serve terms coincident with their terms of office or, in the case of designees, the term of the Commissioner. The other members of the Board shall serve for four-year terms. No member shall serve more than two successive terms. A vacancy occurring other than by expiration of term shall be filled for the unexpired term. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

D. Each year, the Board shall elect a chairman and a vice-chairman from among its members. Five members of the Board shall constitute a quorum.

E. Members shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in § 2.2-2823.

2016, c. 40; 2023, c. 476.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-149.2. Powers and duties of the Board.
The Board shall have the power and duty to:

1. Assist in the coordination and management of the local and regional programs appointed to act as public guardians and conservators pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2;

2. Provide advice and counsel on the provision of high-quality guardianship service and avoidance of conflicts of interest;

3. Promote the mobilization of activities and resources of public and private sector entities to effectuate the purposes of this article;

4. Make recommendations regarding appropriate legislative and executive actions, including, but not limited to, recommendations governing alternatives for local programs to follow upon repeal of the authority granted to the courts pursuant to § 64.2-2015 to appoint the sheriff as guardian or conservator when the maximum staff-to-client ratio of the local program is met or exceeded; and

5. Submit to the Department by October of each odd-numbered year a report regarding the activities and recommendations of the Board, to be posted on the Department's website.

2016, c. 40.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-150.1. Powers and duties of the Department with respect to guardian training.
The Department shall develop and provide training for guardians pursuant to § 64.2-2019 that shall include training on the responsibilities and duties of guardians, how to complete annual guardianship reports, how to involve and encourage participation of incapacitated adults in decisions made by such guardians, medical advocacy, and decision-making on behalf of other persons.

2024, c. 587.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-152. Powers and duties of the Department with respect to Alzheimer's disease and related disorders.
The Department shall:

1. Serve as a referral point for linking families caring for persons with Alzheimer's disease and related disorders with Virginia's chapters of the Alzheimer's Disease and Related Disorders Association;

2. Provide information, counseling, education, and referral about services and programs, including safe, secure environments as defined in § 63.2-1802, that may support individuals and families dealing with Alzheimer's disease and related disorders;

3. Collect and monitor data related to the impact of Alzheimer's disease and related disorders on Virginians;

4. Evaluate the needs of individuals with Alzheimer's disease and related disorders and their caregivers, and identify the services, resources, and policies that may be needed to address such needs for individuals with Alzheimer's disease and related disorders and their caregivers;

5. Recommend strategies for coordination of services and resources among agencies involved in the delivery of services to Virginians with Alzheimer's disease and related disorders;

6. Monitor development and implementation of the state plan for meeting the needs of individuals with Alzheimer's disease and related disorders and their caregivers required pursuant to subdivision D 4 of § 51.5-154; and

7. Recommend policies, legislation, and funding necessary to implement the state plan for meeting the needs of individuals with Alzheimer's disease and related disorders and their caregivers required pursuant to subdivision D 4 of § 51.5-154.

2003, cc. 749, 766, § 2.2-718; 2012, cc. 803, 835; 2013, c. 376; 2020, c. 728.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-153. Alzheimer's and Related Diseases Research Award Fund.
There is established a fund to be known as the Alzheimer's and Related Diseases Research Award Fund, hereafter referred to as "the Fund." The Fund shall be administered by the Virginia Center on Aging and the awards shall be made through an awards committee consisting of representatives from the scientific and medical communities and the general public. The awards shall be given annually to scientists in Virginia in order to support research into the causes of Alzheimer's disease and related disorders, methods of treatment, ways that families can cope with the stresses of the disease, and the impact of the disease on the citizens of the Commonwealth.

2003, cc. 749, 766, § 2.2-719; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-155. Repealed.
Repealed by Acts 2020, c. 728, cl. 2.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-159. Definitions.
For the purposes of this article:

"Auxiliary grant" means cash payments made to certain older, blind, or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive such benefits but for excessive income.

"Case manager" means an employee of a human services agency who is qualified and designated to develop and coordinate plans of care.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-161. Awarding of grants; purposes; eligible applicants.
A. The Department is authorized, subject to other requirements of this law, to make grants or enter into contracts, in accordance with rules and regulations of the Commissioner, for the following purposes:

1. To promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities and the integration and full inclusion of individuals with disabilities into the mainstream of society by:

a. Providing financial assistance for expanding and improving the provision of independent living services; and

b. Providing financial assistance to develop and support a statewide network of centers for independent living; and

2. To assist employers in employing, training, and providing other related services to persons with significant disabilities.

B. Applications for the grants and contracts authorized in subdivision A 1 may be made by consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agencies that (i) are designed and operated within a local community by individuals with disabilities and (ii) provide an array of independent living services. Each applicant shall be established and shall have a governing board, the majority of whose members shall be persons with disabilities, for the sole purpose of operating the independent living center.

C. Applications for the grants and contracts authorized in subdivision A 2 may be made by employers in the Commonwealth who wish to take affirmative steps to employ and advance in employment persons with disabilities.

1985, c. 421, §§ 51.01-23, 51.5-23; 1992, c. 755; 2003, c. 503; 2011, cc. 7, 166; 2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-162. Independent living services.
Independent living services provided pursuant to this article shall be provided in accordance with the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), as amended.

1985, c. 421, §§ 51.01-24, 51.5-24; 2003, c. 503; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-163. Centers for independent living.
A. Services provided through grants or contracts with centers for independent living pursuant to this article shall include:

1. Advocacy;

2. Peer counseling;

3. Independent living skills training;

4. Information and referral; and

5. Services that (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences with the requisite supports and services, (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community, and (iii) facilitate the transition of youth with significant disabilities, who were eligible for individualized education programs under § 614(d) of the Individuals with Disabilities Education Act or who have completed their secondary education, to post-secondary life.

Services may include other services deemed necessary by the local consumer base.

B. Centers for independent living funded in whole or in part by the Department shall be staffed by persons with disabilities who are trained in the philosophy of independent living. The majority of management staff shall include persons with disabilities.

1985, c. 421, §§ 51.01-25, 51.5-25; 2003, c. 503; 2012, cc. 803, 835; 2016, c. 27.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-164. Statewide Independent Living Council created.
The Statewide Independent Living Council is hereby created to develop and sign the Statewide Plan for Independent Living in accordance with Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. § 796 et seq.) and to perform other activities as provided in such Act. Membership and duties shall be constructed according to federal provisions. The Department shall provide staff support for the Council.

1994, c. 81, § 51.5-25.1; 2006, cc. 110, 169; 2007, cc. 473, 556; 2011, cc. 7, 166; 2012, cc. 803, 835; 2016, c. 27.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-165. Repealed.
Repealed by Acts 2016, c. 27, cl. 2.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-166. Eligibility criteria.
The Commissioner shall establish eligibility criteria for services to be applied by programs awarded grants pursuant to this article. Such criteria shall provide that:

1. Eligibility shall be determined without regard to sex, sexual orientation, gender identity, race, national origin, religion, or type of impairment of the person applying for the service;

2. Preference shall be given to applicants for services whose impairments are so severe that they do not presently have the potential for employment, but whose ability to live and function independently within their family settings or communities may be improved by the services for which they have applied; and

3. Services shall not be provided to people who are eligible for prevocational or supported employment services through a Medicaid home and community based waiver program.

1985, c. 421, §§ 51.01-27, 51.5-27; 1992, c. 755; 2012, cc. 803, 835; 2020, c. 1137.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-167. Participation by clients in cost of services.
The Commissioner shall establish written standards for determining the extent to which a client shall be financially responsible for the cost of services funded in whole or in part by the Department. Each public or private agency awarded a grant or contract in accordance with § 51.5-161 shall utilize the Commissioner's regulations to maximize the financial participation of persons receiving services.

1985, c. 421, §§ 51.01-28, 51.5-28; 1987, c. 50; 1992, c. 755; 2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-168. Rights of clients.
The Commissioner shall establish written standards governing the rights of clients of services provided by public or private agencies in accordance with § 51.5-161. Each such public and private agency shall educate clients and staff regarding those rights and shall provide a procedure to fairly and impartially resolve conflicts and complaints about alleged violations of those rights. Each such agency shall make referrals consistent with the provisions of 29 U.S.C. § 732.

1985, c. 421, §§ 51.01-29, 51.5-29; 1992, c. 755; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-169. Cooperative agreements with community services boards and schools.
No services funded under the authority of this article shall be provided to:

1. Persons whose primary impairment is mental illness, intellectual disability, or substance abuse, except by cooperative agreement with the local community services board established pursuant to Chapter 5 (§ 37.2-500 et seq.) of Title 37.2 or the behavioral health authority established pursuant to Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 when that board or authority is currently offering the same services; or

2. Public school-aged persons, except by cooperative agreement with that person's school.

1985, c. 421, §§ 51.01-30, 51.5-30; 2012, cc. 476, 507, 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-169.2. Employment Service Organization Steering Committee; membership; terms.
A. The Employment Service Organization Steering Committee (the Committee) is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Committee shall be to report to and advise the Commissioner on policy, funding, and the allocation of funds to employment services organizations for Long-Term Employment Support Services and Extended Employment Services pursuant to § 51.5-169.1.

B. The Committee shall consist of 11 nonlegislative citizen members who shall be appointed as follows: four members to be appointed by the Senate Committee on Rules, two of whom shall be representatives of the Virginia Association of Community Rehabilitation Programs, one of whom shall be a representative of the Virginia Goodwill Network, and one of whom shall be a representative of the Virginia Association of People Supporting Employment First; five members to be appointed by the Speaker of the House of Delegates, two of whom shall be representatives of the Virginia Association of Community Rehabilitation Programs, one of whom shall be a representative of the Virginia Goodwill Network, one of whom shall be a representative of the Virginia Association of People Supporting Employment First, and one of whom shall be an individual who has a family member receiving services in an employment services organization that is eligible to receive funding pursuant to § 51.5-169.1; and two at-large members to be appointed by the Governor. No employee, agent, or representative of the Commonwealth may serve as a member of the Committee.

C. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.

No member shall serve more than two consecutive three-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

D. Each year, the Committee shall elect a chairman and a vice-chairman from among its members. Five members of the Committee shall constitute a quorum. The Committee shall meet no more than four times per year.

E. Members shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825.

2019, cc. 851, 852.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-170. Eligibility.
The Commissioner shall adopt written standards for determining eligibility for vocational rehabilitation services provided or funded, in whole or in part, by the Department, which ensure that eligibility is determined without regard to sex, sexual orientation, gender identity, race, national origin, religion, or type of impairment of the person applying for services and is determined solely by reference to specific written criteria.

1985, c. 421, §§ 51.01-15 51.5-15; 1992, c. 755; 2012, cc. 803, 835; 2020, c. 1137.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-171. Assessment.
When an individual applies for vocational rehabilitation services provided or funded by the Department, in whole or in part, an assessment shall be made to determine eligibility for benefits according to the standards adopted pursuant to § 51.5-170. If, after an assessment, eligibility is established, a comprehensive assessment shall be conducted to ascertain the nature and scope of services needed by the applicant. Both assessments shall be carried out with the involvement of the applicant and his parents or guardian if appropriate. Both assessments shall include, when appropriate, (i) a review of existing data and, to the extent necessary, the provision of appropriate assessment activities to obtain necessary data to determine eligibility and services needed; (ii) referral for the provision of rehabilitation technology services to assess and develop the individual's capacities to perform in a work environment; and (iii) referral to other agencies and organizations for appropriate assessment services.

1985, c. 421, §§ 51.01-16, 51.5-16; 1989, c. 181; 2002, c. 46; 2012, c. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-172. Individualized plan for employment.
A written individualized plan for employment for each recipient of vocational rehabilitation services provided or funded by the Department, in whole or in part, shall be developed as soon as possible, but not later than 90 days after the due date of the determination of eligibility, unless an extension is agreed to by the client, his parents or guardian, if appropriate, and the Department. The plan shall be agreed to and signed by the client, his parents or guardian, if appropriate, and a qualified vocational rehabilitation counselor employed by the Department. When the Department is operating under an order of selection, the plan shall be developed and implemented for individuals meeting the Department's order of selection criteria. The plan shall be reviewed at least annually by the client, his parents or guardian, if appropriate, and the qualified vocational rehabilitation counselor.

1985, c. 421, §§ 51.01-17, 51.5-17; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-174. Services for groups.
Vocational rehabilitation services provided by the Department for the benefit of groups shall include, to the maximum extent possible with the resources available to the Department:

1. The establishment, development, or improvement of community rehabilitation programs, which shall be used to provide services under this section that promote integration into the community and prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment;

2. Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program pursuant to Title XIX of the federal Social Security Act (42 U.S.C. § 1396 et seq.), entities designated by the Department to provide services for individuals with developmental disabilities, centers for independent living, housing and transportation authorities, workforce development systems, businesses, and employers;

3. The use of telecommunications systems, including telephone, television, satellite, radio, and other similar systems that have the potential for substantially improving delivery methods of activities described in this section and developing appropriate programming to meet the particular needs of individuals with disabilities;

4. Technical assistance to businesses that are seeking to employ individuals with disabilities;

5. Consultation and technical assistance services to assist state and local educational agencies in planning for the transition of students with disabilities from school to post-secondary life, including employment;

6. The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized by the Assistive Technology Act of 1968 (29 U.S.C. § 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers; and

7. Support, including tuition where appropriate, for advanced training in the fields of science, technology, engineering, mathematics (including computer science fields), medicine, law, or business, consistent with the requirements in § 103 of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.).

1985, c. 421, §§ 51.01-19, 51.5-19; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-175. Case closure in extended employment.
When a case is closed upon a client's placement in extended employment in a community rehabilitation program or any other employment under § 14(c) of the Fair Labor Standards Act (29 U.S.C. § 214(c)), the case shall be reviewed by the Department semiannually for two years after the start of employment, and annually thereafter, to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive employment.

1985, c. 421, §§ 51.01-20, 51.5-20; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-176. Participation by clients in cost of services.
The Commissioner shall adopt written standards for determining the extent to which clients shall be responsible for the cost of vocational rehabilitation services provided or funded by the Department. However, the provision of the following services by the Department shall not be conditioned on the client's or applicant's ability to pay for the cost of those services: (i) evaluation of rehabilitation potential, except for vocational services other than those of a diagnostic nature which are provided under an evaluation of rehabilitation potential; (ii) counseling, guidance, and referral services; and (iii) placement and follow-up. The Department shall maximize financial participation of persons receiving services and shall maximize reimbursement from responsible third-party payors.

1985, c. 421, §§ 51.01-21, 51.5-21; 1987, c. 50; 1992, c. 755; 2012, cc. 803, 835; 2016, c. 27.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-177. Client rights regarding services.
The Commissioner shall establish written standards governing the rights of applicants for and clients who receive vocational rehabilitation services which are provided or funded by the Department. The Department shall educate clients and staff regarding those rights and provide a procedure for fairly and impartially resolving conflicts and complaints about alleged violations of those rights. The Department shall make referrals consistent with the provisions of 29 U.S.C. § 732.

1985, c. 421, §§ 51.01-22, 51.5-22; 1992, c. 755; 2012, c. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-177.1. Vocational rehabilitation and employment services for law-enforcement officers with a disability.
A. The Department shall make information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which former law-enforcement officers who have a disability as a result of their service can access such programs and services, available to law-enforcement agencies in the Commonwealth.

B. Every law-enforcement agency in the Commonwealth shall provide to every law-enforcement officer who separates from the agency due to a disability resulting from his service information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which such law-enforcement officers may access such programs and services.

2020, c. 553.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-178. Definitions.
As used in this article:

"Advisory Board" means the Commonwealth Neurotrauma Initiative Advisory Board established pursuant to § 51.5-180.

"Fund" means the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to § 51.5-179.

"Neurotrauma" means an injury to the central nervous system, that is, a traumatic spinal cord or brain injury which results in loss of physical and cognitive functions.

2002, c. 60, § 51.5-12.1; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-179. Commonwealth Neurotrauma Initiative Trust Fund established.
A. For the purpose of preventing traumatic spinal cord or brain injuries and improving the treatment and care of Virginians with traumatic spinal cord or brain injuries, there is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Neurotrauma Initiative Trust Fund, hereinafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller as a revolving fund and shall be administered by the Commonwealth Neurotrauma Initiative Advisory Board in cooperation with the Commissioner. The Fund shall consist of grants, donations, and bequests from public and private sources and funds collected as provided in § 46.2-411. Such moneys shall be deposited into the state treasury to the credit of the Fund and shall be used for the purposes of this article.

B. 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. The Fund shall be administered by the Commissioner and distributed according to the grant procedures established pursuant to § 51.5-181. Moneys in the Fund shall be used to support grants for Virginia-based organizations, institutions, and researchers as follows: (i) 47.5 percent shall be allocated for research on the mechanisms and treatment of neurotrauma, (ii) 47.5 percent shall be allocated for rehabilitative services, and (iii) five percent shall be allocated for the Department's costs for administering and staffing the Commonwealth Neurotrauma Initiative Advisory Board.

2002, c. 60, § 51.5-12.2; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-180. Commonwealth Neurotrauma Initiative Advisory Board established; membership; terms; duties and responsibilities.
A. For the purpose of administering the Commonwealth Neurotrauma Initiative Trust Fund, in cooperation with the Commissioner, there is hereby established the Commonwealth Neurotrauma Initiative Advisory Board, hereinafter referred to as the Advisory Board. The Department shall provide organizational staff support for the Advisory Board.

The Advisory Board shall consist of seven members as follows: one person licensed to practice medicine in Virginia experienced with brain or spinal cord injury; one person licensed by a health regulatory board within the Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services; one Virginian with traumatic spinal cord injury or a caretaker thereof; one Virginian with traumatic brain injury or a caretaker thereof; one citizen-at-large who shall not be an elected or appointed public official; the Commissioner; and the State Health Commissioner. The Commissioner and the Commissioner of Health may appoint designees to serve on the Advisory Board. Board members shall be appointed by the Governor. Nominations for appointments may be submitted, at the discretion of the Governor, from relevant organizations.

B. All members shall be appointed by the Governor for terms of four years. No member shall serve more than two successive terms of four years. The chairman shall be elected from the membership of the Advisory Board for a term of one year and shall be eligible for reelection. The Advisory Board shall meet at the call of the chairman or the Commissioner.

C. The Advisory Board shall:

1. Administer, in cooperation with the Commissioner, the Commonwealth Neurotrauma Initiative Trust Fund, in accordance with such regulations as shall be established for the Fund by the Commissioner;

2. Recommend to the Commissioner the policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research needed in accordance with the provisions of subsection B of § 51.5-179;

3. Review and rank, or arrange for reviewers and technical advisers to review and rank, grant applications for education, basic science and clinical research, and rehabilitative research and community-based rehabilitative services; and

4. Report triennially on October 1, to the Governor and the General Assembly, aggregate data on the operations and funding of the Commonwealth Neurotrauma Initiative Trust Fund.

D. The Advisory Board may appoint grant reviewers and other technical advisers to assist it in its duties. Such reviewers and technical advisers shall be appointed in such manner as to provide equal representation from Virginia's three medical schools. Whenever reviewers or technical advisers sit as a committee, the chairman of the Advisory Board or his designee shall serve as chairman.

2002, c. 60, § 51.5-12.3; 2008, c. 40; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-181. Procedures for grant applications.
The Commissioner shall promulgate regulations establishing procedures and policies for soliciting and receiving grant applications and criteria for reviewing and ranking such applications, including, but not limited to, goals, timelines, forms, eligibility, and mechanisms to ensure avoidance of any conflicts of interest or appearances thereof. The Commissioner shall receive the recommendations of the Commonwealth Neurotrauma Initiative Advisory Board prior to promulgating or revising any such regulations.

2002, c. 60, § 51.5-12.4; 2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-182. Responsibility for complaints and investigations.
In addition to its responsibilities for complaints regarding services provided by long-term care facilities pursuant to the Older Americans Act, 42 U.S.C. § 3001 et seq., as amended, the Office of the State Long-Term Care Ombudsman shall investigate complaints regarding services provided by (i) licensed adult day centers as defined in § 63.2-100, (ii) home care organizations as defined in § 32.1-162.7, (iii) hospice facilities as defined in § 32.1-162.1, (iv) providers as defined in § 37.2-403, (v) state hospitals operated by the Department of Behavioral Health and Developmental Services, and (vi) an area agency on aging or any private nonprofit or proprietary agency providing services.

Nothing in this section shall affect the services provided by local departments of social services pursuant to § 63.2-1605.

2020, c. 728; 2024, cc. 37, 150.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-184. Confidentiality of records of Office of the State Long-Term Care Ombudsman.
A. All documentary and other evidence received or maintained by the Office of the State Long-Term Care Ombudsman, the Department, or their agents in connection with specific complaints or investigations under any program of the Office of the State Long-Term Care Ombudsman shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that such information may be released on a confidential basis in compliance with regulations adopted by the Department and consistent with provisions of subdivision 4 of § 2.2-601 and with the requirements of the Older Americans Act, 42 U.S.C. § 3001 et seq.

B. The Office of the State Long-Term Care Ombudsman shall release information concerning completed investigations of complaints made under the programs of the Office of the State Long-Term Care Ombudsman but shall in no event release the identity of any complainant or individual receiving services from a long-term care provider that was the subject of a complaint unless (i) the complainant, or if the complainant is not the individual receiving services, the individual receiving services, or his legal representative and the complainant, consents to disclosure or (ii) disclosure is required by court order. The Office of the State Long-Term Care Ombudsman shall establish procedures to notify long-term care providers of the nature of complaints and its findings.

2020, c. 728.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-185. Protection for representatives of the Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals.
A. Any designated representative of the Office of the State Long-Term Care Ombudsman who in good faith with reasonable cause and without malice performs the official duties of ombudsman, including acting to report, investigate, or cause any investigation to be made regarding a long-term care provider, shall be immune from any civil liability that might otherwise be incurred or imposed as the result of making the report or investigation.

B. No provider, entity, or person may interfere with, retaliate against, or subject to reprisals the Office of the State Long-Term Care Ombudsman or any of its representatives or designees for actions taken in fulfillment of its functions, responsibilities, or duties. The Commissioner shall promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq.

C. The Department shall put in place mechanisms to ensure that the Office of the State Long-Term Care Ombudsman may (i) analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and policies and actions related to long-term care services and providers or to the health, safety, welfare, and rights of individuals receiving long-term care services; (ii) recommend changes to such laws, regulations, and policies; and (iii) provide information, recommendations, and the position of the Office of the State Long-Term Care Ombudsman to public and private agencies, legislators, media, and other persons regarding concerns of individuals receiving long-term care services. Any comments, determinations, recommendations, and positions of the Office of the State Long-Term Care Ombudsman shall be clearly labeled as those of the Office of the State Long-Term Care Ombudsman and shall not be binding on the Department.

2020, c. 728.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 2 (DEFINITIONS; STATE REHABILITATION COUNCIL; LOCAL DISABILITY SERVICES)
§ 51.5-3. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 2 (DEFINITIONS; STATE REHABILITATION COUNCIL; LOCAL DISABILITY SERVICES)
§ 51.5-5.1. Repealed.
Repealed by Acts 2003, cc. 57 and 73.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 2 (DEFINITIONS; STATE REHABILITATION COUNCIL; LOCAL DISABILITY SERVICES)
§ 51.5-7. Repealed.
Repealed by Acts 1992, c. 755.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3 (DEPARTMENT OF REHABILITATIVE SERVICES)
§ 51.5-11. Repealed.
Repealed by Acts 2008, c. 563, cl. 2.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3 (DEPARTMENT OF REHABILITATIVE SERVICES)
§ 51.5-12. Repealed.
Repealed by Acts 2011, cc. 7 and 166, cl. 2.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3 (DEPARTMENT OF REHABILITATIVE SERVICES)
§ 51.5-8. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3 (DEPARTMENT OF REHABILITATIVE SERVICES)
§ 51.5-9.01. Repealed.
Repealed by Acts 2003, cc. 57 and 73.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3 (DEPARTMENT OF REHABILITATIVE SERVICES)
§ 51.5-9.1. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 3.1 (THE COMMONWEALTH NEUROTRAUMA INITIATIVE)
§ 51.5-12.1. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 4 (COMMISSIONER OF REHABILITATIVE SERVICES)
§ 51.5-13. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 5 (VOCATIONAL REHABILITATION)
§ 51.5-15. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 6 (COMMUNITY SERVICES FOR PERSONS WITH DISABILITIES)
§ 51.5-23. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 60.