dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1606.1. Photographs, X-rays and medical imaging of incapacitated persons; use as evidence.
In any case of suspected abuse of an incapacitated person, photographs, X-rays and appropriate medical imaging of such incapacitated person may be taken as a part of the medical evaluation without the consent of the person responsible for the incapacitated person. Such images shall not be used in lieu of medical evaluation.

Such photographs, X-rays and medical imaging may be introduced into evidence in any civil or criminal proceeding. The court receiving such evidence may impose such restrictions as to the confidentiality of photographs, X-rays and medical imaging of any incapacitated person as it deems appropriate.

2013, cc. 442, 464.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1607. Repealed.
Repealed by Acts 2004, cc. 749 and 1011.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1608. Involuntary adult protective services.
A. If an adult lacks the capacity to consent to receive adult protective services, these services may be ordered by a court on an involuntary basis through an emergency order pursuant to § 63.2-1609 or by a guardian or conservator appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.

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

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

1977, c. 547, § 63.1-55.5; 1978, c. 562; 1979, c. 451; 1997, c. 801; 2002, c. 747; 2004, cc. 749, 1011.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1610. Voluntary adult protective services.
A. The local department shall provide or arrange for protective services if the adult requests or affirmatively consents to receive these services. If the adult withdraws or refuses consent, the services shall not be provided.

B. No person shall interfere with the provision of adult protective services to an (i) adult who requests or consents to receive such services, or (ii) for whom consent has been lawfully given. In the event that interference occurs on a continuing basis, the director may petition the court of competent jurisdiction to enjoin such interference.

C. The actual costs incurred by the local department in providing adult protective services shall be borne by the local department, unless the adult or his representative agrees to pay for them or a court orders the local department to receive reasonable reimbursement for the adult protective services, excluding administrative costs, from the adult's assets after a finding that the adult is financially able to make such payment.

1977, c. 547, § 63.1-55.7; 2002, c. 747; 2004, cc. 749, 1011.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1611. Policy of Commonwealth; Department designated agency to coordinate state efforts.
The General Assembly declares that it is the policy of this Commonwealth to support the efforts of public and private community groups seeking to provide assistance to and treatment for the victims of domestic violence and to provide recognition to the need to combat all phases of domestic violence in this Commonwealth. To this end the Department is designated as the state agency responsible for coordinating state efforts in this regard.

1980, c. 597, § 63.1-315; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1613. Responsibilities of local departments.
Local departments may, to the extent that funds are available:

1. Promote interagency cooperation at the local level for technical assistance, data collection and service delivery; and

2. Provide services directly to victims of domestic violence.

1985, c. 20, § 63.1-317.1; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1614. Authority to receive and grant funds.
Subject to regulations of the Board and to the availability of state or federal funds for services to the victims of domestic violence, the Department is authorized to:

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

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

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

1980, c. 597, § 63.1-318; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 16 (Adult Services)
§ 63.2-1615. What functions and services may be funded.
In dispersing funds through grants to local agencies to provide service programs for the victims of domestic violence, the Department may fund both administrative functions and the delivery of direct services, including a portion of: the operational costs of offices and shelters including staff, rent, utilities, travel and supplies; twenty-four-hour crisis intervention hotlines; counseling; information and referral; self-help groups; transportation; emergency shelter; and follow-up services.

1980, c. 597, § 63.1-319; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1700. Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt.
The Board is authorized to adopt regulations and schedules for fees to be charged for processing applications for licenses to operate assisted living facilities, adult day centers, and child welfare agencies. Such schedules shall specify minimum and maximum fees and, where appropriate, gradations based on the capacity of such facilities, centers, and agencies. Fees shall be used for the development and delivery of training for operators and staff of facilities, centers, and agencies. Fees shall be expended for this purpose within two fiscal years following the fiscal year in which they are collected. These fees shall not be applicable to facilities, centers, or agencies operated by federal entities.

1983, c. 153, §§ 63.1-174.01, 63.1-196.5; 1988, c. 129; 1991, c. 532; 1992, c. 356, § 63.1-194.3; 1993, cc. 225, 730, 742, 957, 993; 1996, c. 492; 2002, c. 747; 2010, c. 551; 2012, cc. 803, 835; 2020, cc. 860, 861; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1701.01. Expired.
Expired.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1701.1. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1702. Investigation on receipt of application.
Upon receipt of the application, the Commissioner shall cause an investigation to be made of the activities, services, and facilities of the applicant and of his character and reputation or, if the applicant is an association, partnership, limited liability company, or corporation, the character and reputation of its officers and agents, and upon receipt of the initial application, an investigation of the applicant's financial responsibility. The financial records of an applicant shall not be subject to inspection if the applicant submits an operating budget and at least one credit reference. In the case of child welfare agencies and assisted living facilities, the character and reputation investigation upon application shall include background checks pursuant to § 63.2-1721; however, a children's residential facility shall comply with the background check requirements contained in § 63.2-1726. In the case of a children's residential facility, the character and reputation investigation shall also include consideration of any complaints, enforcement actions, or sanctions against a license to operate a children's residential facility held by the applicant in another state. Records that contain confidential proprietary information furnished to the Department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5.

Code 1950, §§ 63-223.2, 63-234, 63-235; 1954, c. 259; 1968, cc. 578, 585, §§ 63.1-176, 63.1-197, 63.1-198; 1972, c. 540; 1975, c. 439; 1985, c. 360; 1987, c. 693; 1992, cc. 356, 746 § 63.1-194.6; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2005, cc. 610, 924; 2013, cc. 182, 545; 2015, cc. 758, 770; 2020, cc. 723, 860, 861.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1703. Variances.
The Commissioner may grant a variance to a regulation when the Commissioner determines that (i) a licensee or applicant for licensure as an assisted living facility, adult day center or child welfare agency has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents, participants or children in care. The Commissioner shall review each allowable variance at least annually. At a minimum, this review shall address the impact of the allowable variance on persons in care, adherence by the licensee to any conditions attached, and the continuing need for the allowable variance.

Code 1950, § 63-233; 1968, cc. 578, 585, § 63.1-196; 1972, c. 540; 1974, c. 419; 1975, c. 386; 1979, c. 483; 1985, c. 384; 1992, c. 666; 1993, cc. 730, 742; 1999, c. 740; 2002, c. 747.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1704. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1705. Compliance with Uniform Statewide Building Code.
A. Buildings licensed as assisted living facilities, adult day centers and child welfare agencies shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code.

B. Buildings used for assisted living facilities or adult day centers shall be licensed for ambulatory or nonambulatory residents or participants. Ambulatory means the condition of a resident or participant who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by the Uniform Statewide Building Code without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such resident or participant may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate. Nonambulatory means the condition of a resident or participant who by reason of physical or mental impairment is not capable of self-preservation without the assistance of another person.

1981, c. 275, § 63.1-174.1; 1986, c. 430; 1989, c. 173; 1991, c. 532; 1992, c. 356, § 63.1-194.4; 1993, cc. 957, 993; 1998, c. 552; 2002, c. 747; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1705.1. Expired.
Expired.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1706.1. Inspections of child welfare agencies; prioritization.
The Commissioner shall prioritize inspections of child welfare agencies in the following order: (i) inspections conducted in response to a complaint involving a child welfare agency and (ii) inspections of child welfare agencies that are not conducted in response to a complaint.

2019, c. 273; 2020, cc. 860, 861.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1707. Issuance or refusal of license; notification; provisional and conditional licenses.
A. Upon completion of his investigation, the Commissioner shall issue an appropriate license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the residents, participants, or children over whom he may have custody or control; (ii) at the time of initial application, the applicant has submitted an operating budget and at least one credit reference; (iii) he is, or the officers and agents of the applicant if it is an association, partnership, limited liability company, or corporation are, of good character and reputation; and (iv) the applicant and agents comply with the provisions of this subtitle. Otherwise, the license shall be denied. Immediately upon taking final action, the Commissioner shall notify the applicant of such action.

B. Upon completion of the investigation for the renewal of a license, the Commissioner may issue a provisional license to any applicant if the applicant is temporarily unable to comply with all of the licensure requirements. Corrective action of the applicant, acceptable to the Commissioner and on a schedule determined by the Commissioner, shall be required prior to any appeal of the provisional license issued to an assisted living facility or adult day center, as such terms are defined in § 63.2-100. The provisional license may be renewed, but the issuance of a provisional license and any renewals thereof shall be for no longer a period than 12 successive months. A copy of the provisional license shall be prominently displayed by the provider at each public entrance of the subject facility and shall be printed in a clear and legible size and style. In addition, the facility shall be required to prominently display next to the posted provisional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility and on the facility's website, if applicable.

C. At the discretion of the Commissioner, a conditional license may be issued to an applicant to operate a new facility in order to permit the applicant to demonstrate compliance with licensure requirements. Such conditional license may be renewed, but the issuance of a conditional license and any renewals thereof shall be for no longer a period than six successive months.

Code 1950, §§ 63-224.1, 63-236, 63-238; 1954, c. 259; 1968, c. 578, §§ 63.1-178, 63.1-199, 63.1-201; 1981, c. 222; 1985, c. 360; 1987, cc. 130, 692; 1988, c. 199; 1992, cc. 356, 666, § 63.1-194.8; 1993, cc. 730, 742; 1996, c. 747; 1998, cc. 551, 581; 1999, c. 740; 2002, c. 747; 2005, cc. 610, 924; 2013, cc. 182, 545; 2014, c. 118; 2023, c. 695; 2025, cc. 290, 299.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1708. Records and reports.
Every licensed assisted living facility, licensed adult day center, or licensed child welfare agency shall keep such records and make such reports to the Commissioner as he may require. The forms to be used in the making of such reports shall be prescribed and furnished by the Commissioner.

Code 1950, § 63-240; 1968, c. 578, § 63.1-203; 1978, c. 730; 2000, c. 830; 2002, c. 747; 2020, cc. 860, 861; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1709.3. Child-placing agencies; conscience clause.
A. To the extent allowed by federal law, no private child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.

B. The Commissioner shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.

C. A state or local government entity may not deny a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.

D. Refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of any claim for damages.

2012, cc. 690, 715.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1710. Appeal from refusal, denial of renewal, or revocation of license.
A. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of § 63.2-1710.2 shall apply. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency other than an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply, except that all appeals from notice of the Commissioner's intent to refuse to issue or renew, or revoke a license shall be received in writing from the assisted living facility, adult day center or child welfare agency operator within 15 days of the date of receipt of the notice. Judicial review of a final review agency decision shall be in accordance with the provisions of the Administrative Process Act. No stay may be granted upon appeal to the Court of Appeals.

B. In every appeal to a court of record, the Commissioner shall be named defendant.

C. An appeal, taken as provided in this section, shall operate to stay any criminal prosecution for operation without a license.

D. When issuance or renewal of a license as an assisted living facility or adult day center has been refused by the Commissioner, the applicant shall not thereafter for a period of one year apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal.

E. When issuance or renewal of a license for a child welfare agency has been refused by the Commissioner, the applicant shall not thereafter for a period of six months apply again for such license unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. When an appeal is taken by the applicant pursuant to subsection A, the six-month period shall be extended until a final decision has been rendered on appeal.

Code 1950, §§ 63-224.3, 63-250; 1954, c. 259; 1968, c. 578, §§ 63.1-180, 63.1-213; 1973, c. 227; 1975, c. 539; 1986, c. 615; 1991, c. 532; 1992, c. 356, § 63.1-194.10; 1993, cc. 957, 993; 1998, c. 850; 2002, c. 747; 2018, c. 274; 2021, Sp. Sess. I, c. 489; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1710.1. Summary order of suspension; assisted living facilities and child welfare agencies operated by an agency of the Commonwealth.
Whenever the Commissioner issues a summary order of suspension of the license to operate an assisted living facility, group home, or child welfare agency operated by an agency of the Commonwealth:

1. Before such summary order of suspension shall take effect, the Commissioner shall issue to the assisted living facility, group home, or child welfare agency a notice of summary order of suspension setting forth (i) the procedures for a hearing and right of review as provided in this section and (ii) facts and evidence that formed the basis on which the summary order of suspension is sought. Such notice shall be served on the licensee or its designee as soon as practicable thereafter by personal service or certified mail, return receipt requested, to the address of record of the licensee. The notice shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the notice of the summary order of suspension and shall be convened by the Commissioner or his designee. After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.

2. A final order of summary suspension shall include notice that the licensee may request, in writing and within three business days after receiving the Commissioner's decision, that the Commissioner refer the matter to the Secretary of Health and Human Resources for resolution within three business days of the referral. Any determination by the Secretary shall be final and not subject to judicial review. If the final order of summary suspension is upheld, it shall take effect immediately, and a copy of the final order of summary suspension shall be prominently displayed by the licensee at each public entrance of the facility. Any concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any determination by the Secretary.

2018, c. 274; 2019, c. 449.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1710.2. Right to appeal notice of intent; assisted living facilities, adult day centers, and child welfare agencies operated by agencies of the Commonwealth.
An assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth shall have the right to appeal any notice of intent as follows:

1. Within 30 days after receiving a notice of intent to impose a sanction, the licensee shall request in writing that the Commissioner review the intended agency action and may submit, together with such request, relevant information, documentation, or other pertinent data supporting its appeal. The Commissioner shall issue a decision within 60 days after receiving the request and shall have the authority to uphold the sanction or take whatever action he deems appropriate to resolve the controversy.

2. If the assisted living facility, adult day center, or child welfare agency disputes the Commissioner's decision, the licensee shall request, within 30 days of receiving the Commissioner's decision, that the Commissioner refer the matter to the Secretary of Health and Human Resources. The Secretary shall issue a decision within 60 days of receiving the request for review. The Secretary's decision shall be final and shall not be subject to review.

2018, c. 274; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1711. Injunction against operation without license.
Any circuit court having jurisdiction in the county or city where the principal office of any assisted living facility, adult day center or child welfare agency is located shall, at the suit of the Commissioner, have jurisdiction to enjoin its operation without a license required by this subtitle.

Code 1950, §§ 63-224.2, 63-251; 1954, c. 259; 1968, c. 578, §§ 63.1-181, 63.1-214; 1973, c. 227; 1992, c. 356, § 63.1-194.11; 1993, cc. 957, 993; 2002, c. 747; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1712. Offenses; penalty.
Any person, and each officer and each member of the governing board of any association or corporation that operates an assisted living facility, adult day center or child welfare agency, is guilty of a Class 1 misdemeanor if he:

1. Interferes with any representative of the Commissioner in the discharge of his duties under this subtitle;

2. Makes to the Commissioner or any representative of the Commissioner any report or statement, with respect to the operation of any assisted living facility, adult day center, or child welfare agency, that is known by such person to be false or untrue;

3. Operates or engages in the conduct of an assisted living facility, adult day center, or child welfare agency without first obtaining a license as required by this subtitle or after such license has been revoked or suspended or has expired and not been renewed. No violation shall occur if the facility, center, or agency has applied to the Department for renewal prior to the expiration date of the license. Every day's violation of this subdivision shall constitute a separate offense; or

4. Operates or engages in the conduct of an assisted living facility, adult day center, or child welfare agency serving more persons than the maximum stipulated in the license.

Code 1950, §§ 63-227, 63-252; 1954, c. 259; 1968, c. 578, §§ 63.1-182, 63.1-215; 1973, c. 227; 1992, c. 356, § 63.1-194.12; 1993, cc. 957, 993; 2002, c. 747; 2019, c. 449; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1713. Misleading advertising prohibited.
No assisted living facility, adult day center, or child welfare agency shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in the Commonwealth, in a newspaper or other publication; in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet, or letter; or via electronic mail, website, automatic mailing list services (listservs), newsgroups, facsimile, chat rooms; or in any other way an advertisement of any sort regarding services or anything so offered to the public, which advertisement contains any promise, assertion, representation, or statement of fact that is untrue, deceptive, or misleading.

1993, cc. 730, 742, § 63.1-201.1; 2002, c. 747; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1714. Duty of attorneys for the Commonwealth.
It shall be the duty of the attorney for the Commonwealth of every county and city to prosecute all violations of this subtitle.

Code 1950, §§ 63-227, 63-253; 1954, c. 259; 1968, c. 578, §§ 63.1-182, 63.1-216; 1973, c. 227; 1992, c. 356, § 63.1-194.12; 1993, cc. 957, 993; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1715. Exemptions from licensure.
A. No person to whom parental and legal custodial powers have been delegated pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 shall be required to obtain a license to operate an independent foster home or approval as a foster parent from the Commissioner.

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

1993, cc. 730, 742, § 63.1-196.001; 1994, cc. 837, 940; 1999, c. 454; 2000, cc. 61, 1058; 2002, c. 747; 2003, c. 467; 2006, c. 725; 2011, c. 363; 2014, c. 130; 2016, c. 442; 2017, c. 748; 2018, cc. 189, 244, 810; 2019, cc. 297, 667; 2020, cc. 860, 861.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1716. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1718. Inspection of unlicensed child or adult care operations; inspection warrant.
In order to perform his duties under this subtitle, the Commissioner may enter and inspect any unlicensed child or adult care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child or adult care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child or adult care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child or adult care operation is in violation of any provision of this subtitle or any regulation adopted pursuant to this subtitle, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this subtitle. The inspection of a child or adult care operation that has been the subject of a complaint pursuant to § 63.2-1728 shall have preeminent priority over any other inspections of child or adult care operations to be made by the Commissioner unless the complaint on its face or in the context of information known to the Commissioner discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by § 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.

1993, cc. 730, 742, § 63.1-198.04; 2002, c. 747; 2014, c. 354.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1719. Barrier crime; construction.
For purposes of this chapter, in the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1996, c. 747; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747; 2003, c. 467; 2012, c. 383; 2016, c. 580; 2017, c. 809.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1720.1. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1721.1. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1722. Revocation or denial of renewal based on background checks; failure to obtain background check.
A. The Commissioner may revoke or deny renewal of a license of a child welfare agency, assisted living facility, or adult day center and a child-placing agency may revoke the approval of a foster home if the assisted living facility, adult day center, child welfare agency, or foster home has knowledge that a person specified in § 63.2-1720 or 63.2-1721 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) in the case of a child welfare agency or foster home, is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to the exceptions in subsection B of § 63.2-1720 or subsection E, F, G, or H of § 63.2-1721, and the facility, center, or agency refuses to separate such person from employment or service or allows the household member to continue to reside in the home.

B. Failure to obtain background checks pursuant to §§ 63.2-1720 and 63.2-1721 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or a local department to provide child care services to clients of the Department or local department. No violation shall occur if the assisted living facility, adult day center, child-placing agency, or independent foster home has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.

Code 1950, § 63-235; 1968, cc. 578, § 63.1-198, 585; 1975, c. 439; 1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2015, cc. 758, 770; 2017, cc. 189, 751, 809; 2020, cc. 860, 861; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1723. Child welfare agencies; criminal conviction and waiver.
A. Any person who seeks to operate or volunteer or work at a child welfare agency and who is disqualified because of a criminal conviction pursuant to §§ 63.2-1720 and 63.2-1721, may apply in writing for a waiver from the Commissioner. The Commissioner may grant a waiver if the Commissioner determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care. The Commissioner shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. The child welfare agency shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees or volunteers.

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

1998, cc. 551, 581, § 63.1-198.4; 2001, c. 867; 2002, c. 747; 2015, cc. 758, 770; 2017, c. 809; 2020, cc. 860, 861.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1724. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1727. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1728. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints.
With such funds as are appropriated for this purpose, the Commissioner shall establish a toll-free telephone line to respond to complaints regarding operations of assisted living facilities, adult day centers and child welfare agencies. Upon receipt of a complaint concerning the operation of an assisted living facility, adult day center or child welfare agency, regardless of whether the program is subject to licensure, the Commissioner shall, for good cause shown, cause an investigation to be made, including on-site visits as he deems necessary, of the activities, services, records and facilities. The assisted living facility, adult day center or child welfare agency shall afford the Commissioner reasonable opportunity to inspect all of the operator's activities, services, records and facilities and to interview its agents and employees and any child or other person within its custody or control. Whenever an assisted living facility, adult day center or child welfare agency subject to inspection under this section is determined by the Commissioner to be in noncompliance with the provisions of this subtitle or with regulations adopted pursuant to this subtitle, the Commissioner shall give reasonable notice to the assisted living facility, adult day center or child welfare agency of the nature of its noncompliance and may thereafter take appropriate action as provided by law, including a suit to enjoin the operation of the assisted living facility, adult day center or child welfare agency.

An incident report filed by an assisted living facility, pursuant to regulations adopted by the Board, for any major incident that negatively affects or threatens the life, health, safety, or welfare of any resident of the facility shall not be considered a complaint for purposes of this section and shall not be posted by the Department on a website maintained by the Department. However, upon receipt of an incident report for any major incident that negatively affects or threatens the life, health, safety, or welfare of any resident of an assisted living facility, the Commissioner may initiate an investigation including an on-site visit to the facility if the Commissioner finds, for good cause shown based upon the seriousness of the incident and the nature of any response to the incident, including any implementation of a plan of correction to address the situation giving rise to the incident, that an investigation is required to protect the life, health, safety, or welfare of a resident of the assisted living facility.

1993, cc. 730, 742, § 63.1-198.03; 2002, c. 747; 2010, c. 603; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1729. Confidentiality of complainant's identity.
Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any resident, participant or child who is the subject of the complaint, or identified therein, shall be confidential and shall not be open to inspection by members of the public. Identities of the complainant and resident, participant or child who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the assisted living facility, adult day center or child welfare agency the nature of the complaint or the identity of the resident, participant or child who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under Chapter 15 (§ 63.2-1500 et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of this title. If the Department intends to rely, in whole or in part, on any statements made by the complainant, at any administrative hearing brought against the assisted living facility, adult day center or child welfare agency, the Department shall disclose the identity of the complainant to the assisted living facility, adult day center or child welfare agency a reasonable time in advance of such hearing.

1994, c. 941, § 63.1-177.2; 2002, c. 747; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1730. Retaliation or discrimination against complainants.
No assisted living facility, adult day center or child welfare agency may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government, having responsibility for protecting the rights of residents of assisted living facilities, participants in adult day centers or children in child welfare agencies, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.

1994, c. 941, § 63.1-177.1; 2002, c. 747; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1731. Retaliation against reports of child or adult abuse or neglect.
No assisted living facility, adult day center or child welfare agency may retaliate in any manner against any person who in good faith reports adult or child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of this title.

1996, c. 487, § 63.1-198.03:1; 2002, c. 747; 2024, cc. 37, 150.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1733. Regulations for adult day centers.
A. The Board shall have the authority to adopt and enforce regulations to carry out the provisions of this subtitle and to protect the health, safety, welfare, and individual rights of participants of adult day centers and to promote their highest level of functioning.

B. Regulations shall include standards for care and services to be provided to participants; administration of medication; staffing; staff qualifications and training; and facility design, construction, and equipment.

1992, c. 356, § 63.1-194.2; 2002, c. 747; 2024, cc. 37, 150.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1734. Regulations for child welfare agencies.
A. The Board shall adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under this subtitle, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the custody or control of such persons or agencies.

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

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

Code 1950, § 63-239; 1968, cc. 578, 585, § 63.1-202; 1970, c. 721; 1987, c. 698; 1993, cc. 730, 742; 1998, c. 237; 2002, cc. 298, 747; 2011, c. 139; 2012, cc. 803, 835; 2013, c. 416; 2018, c. 11; 2019, c. 604; 2020, cc. 860, 861; 2023, c. 340.

Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1735. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 76.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1736. Interagency agreements; cooperation of Department with other departments.
The Department is authorized to enter into interagency agreements with other state agencies to develop and implement regulations. Any state agency identified by the Department as appropriate to include in an interagency agreement shall participate in the development and implementation of the agreement. The Department shall assist and cooperate with other state departments in fulfilling their respective inspection responsibilities and in coordinating the regulations involving inspections. The Board may adopt regulations allowing the Department to so assist and cooperate with other state departments.

1991, c. 532, § 63.1-178.1; 1993, cc. 957, 993; 2002, c. 747.
Code of Virginia — Title 63.2 (Welfare (Social Services)), Chapter 17 (LICENSURE AND REGISTRATION PROCEDURES)
§ 63.2-1738. Repealed.
Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.