reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5203. Duties of agencies represented on state and local advisory team

The state agencies represented on the state and local advisory team shall provide administrative support for the team in the development and implementation of the collaborative system of services and funding authorized by this chapter. This support shall also include, but not be limited to, the provision of timely fiscal information, data for client- and service-tracking, and assistance in training local agency personnel on the system of services and funding established by this chapter.
1992, cc. 837, 880, § 2.1-749; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5204. Community policy and management team; appointment; fiscal agent

Every county, city, or combination of counties, cities, or counties and cities shall establish a community policy and management team in order to receive funds pursuant to this chapter. Each such team shall be appointed by the governing body of the participating local political subdivision establishing the team. In making such appointments, the governing body shall ensure that the membership is appropriately balanced among the representatives required to serve on the team in accordance with § 2.2-5205. When any combination of counties, cities or counties and cities establishes a community policy and management team, the board of supervisors of each participating county or the council in the case of each participating city shall jointly establish the size of the team and the type of representatives to be selected from each locality in accordance with § 2.2-5205. The governing bodies of each participating county and city served by the team shall appoint the designated representatives from their localities. The participating governing bodies shall jointly designate an official of one member city or county to act as fiscal agent for the team.
The county or city that comprises a single team and the county or city whose designated official serves as the fiscal agent for the team in the case of joint teams shall annually audit the total revenues of the team and its programs. The county or city that comprises a single team and any combination of counties or cities establishing a team shall arrange for the provision of legal services to the team.
1992, cc. 837, 880, § 2.1-750; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5205. Community policy and management teams; membership; immunity from liability

The community policy and management team to be appointed by the local governing body shall include, at a minimum, at least one elected official or appointed official or his designee from the governing body of a locality that is a member of the team and the local agency heads or their designees of the following community agencies: community services board established pursuant to § 37.2-501, juvenile court services unit, department of health, department of social services, and local school division. The team shall also include a representative of a private organization or association of providers for children's or family services if such organizations or associations are located within the locality and a parent representative. Parent representatives who are employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a community policy and management team may serve as a parent representative provided that parent representatives who are not employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a community policy and management team are prioritized for participation where practicable. Those persons appointed to represent community agencies shall be authorized to make policy and funding decisions for their agencies.
The local governing body may appoint other members to the team, including, but not limited to, a local government official, a local law-enforcement official, and representatives of other public agencies.
When any combination of counties, cities or counties, and cities establishes a community policy and management team, the membership requirements previously set out shall be adhered to by the team as a whole.
Persons who serve on the team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.2-3117 of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children's or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.2-3101 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
1992, cc. 837, 880, § 2.1-751; 1995, c. 190; 1999, cc. 644, 669; 2001, c. 844; 2022, cc. 418, 419.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5207. Family assessment and planning team; membership; immunity from liability

Each community policy and management team shall establish and appoint one or more family assessment and planning teams as the needs of the community require. Each family assessment and planning team shall include representatives of the following community agencies who have authority to access services within their respective agencies: community services board established pursuant to § 37.2-501, juvenile court services unit, department of social services, and local school division. Each family and planning team also shall include a parent representative and may include a representative of the department of health at the request of the chair of the local community policy and management team. Parent representatives who are employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a family assessment and planning team may serve as a parent representative provided that parent representatives who are not employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a family assessment and planning team are prioritized for participation where practicable. The family assessment and planning team may include a representative of a private organization or association of providers for children's or family services and of other public agencies.
Persons who serve on a family assessment and planning team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.2-3117 of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.
Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children's or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.2-3101 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.
1992, cc. 837, 880, § 2.1-753; 1995, c. 190; 1999, c. 644; 2001, c. 844; 2003, c. 483; 2022, cc. 418, 419.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5209. Referrals to family assessment and planning team or collaborative, multidisciplinary team process

The community policy and management team shall establish policies governing the referral of troubled youths and families to the family assessment and planning team or a collaborative, multidisciplinary team process approved by the Council. These policies shall include that all youth and families for which CSA-funded treatment services are requested are to be assessed by the family assessment and planning team or an approved collaborative, multidisciplinary team process and shall consider the criteria set out in subdivisions A 1 and A 2 of § 2.2-5212. Except for cases involving only the payment of foster care maintenance that shall be at the discretion of the local community policy and management team, cases for which service plans are developed outside of this family assessment and planning team process or approved collaborative, multidisciplinary team process shall not be eligible for state pool funds.
Nothing in this section shall prohibit the use of state pool funds for emergency placements, provided the youth are subsequently assessed by the family assessment and planning team or an approved collaborative, multidisciplinary team process within 14 days of admission and the emergency placement is approved at the time of placement. In cases involving the denial of state pool funds resulting from parental refusal to consent to release of student records under federal law, where such refusal precludes the development of placement through the family assessment and planning team process or the approved collaborative, multidisciplinary team process, an appeal for good cause may be made to the Council.
1992, cc. 837, 880, § 2.1-755; 1999, c. 669; 2001, c. 844; 2003, c. 483.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5210. Information sharing; confidentiality

All public agencies that have served a family or treated a child referred to a family assessment and planning team shall cooperate with this team. The agency that refers a youth and family to the team shall be responsible for obtaining the consent required to share agency client information with the team. After obtaining the proper consent, all agencies shall promptly deliver, upon request and without charge, such records of services, treatment or education of the family or child as are necessary for a full and informed assessment by the team.
Proceedings held to consider the appropriate provision of services and funding for a particular child or family or both who have been referred to the family assessment and planning team and whose case is being assessed by this team or reviewed by the community policy and management team shall be confidential and not open to the public, unless the child and family who are the subjects of the proceeding request, in writing, that it be open. All information about specific children and families obtained by the team members in the discharge of their responsibilities to the team shall be confidential.
Utilizing a secure electronic database, the CPMT and the family assessment and planning team shall provide the Office of Children's Services with client-specific information from the mandatory uniform assessment and information in accordance with subdivision D 11 of § 2.2-2648.
1992, cc. 837, 880, § 2.1-756; 2001, c. 844; 2008, c. 277; 2015, cc. 357, 366.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5211.1. Certain restrictions on reimbursement and placements of children in residential facilities

Notwithstanding any provision of this chapter to the contrary or any practice or previous decision-making process of the state executive council, Office of Children's Services, state and local advisory team, any community policy and management team, any family assessment and planning team or any other local entity placing children through the Children's Services Act (CSA), the following restrictions shall control:
1. In the event that any group home or other residential facility in which CSA children reside has its licensure status lowered to provisional as a result of multiple health and safety or human rights violations, all children placed through CSA in such facility shall be assessed as to whether it is in the best interests of each child placed to be removed from the facility and placed in a fully licensed facility and no additional CSA placements shall be made in the provisionally licensed facility until and unless the violations and deficiencies relating to health and safety or human rights that caused the designation as provisional shall be completely remedied and full licensure status restored.
2. Prior to the placement of a child across jurisdictional lines, the family assessment and planning teams shall (i) explore all appropriate community services for the child, (ii) document that no appropriate placement is available in the locality, and (iii) report the rationale for the placement decision to the community policy and management team. The community policy and management team shall report annually to the Office of Children's Services on the gaps in the services needed to keep children in the local community and any barriers to the development of those services.
3. Community policy and management teams, family assessment and planning teams or other local entities responsible for CSA placements shall notify the receiving school division whenever a child is placed across jurisdictional lines and identify any children with disabilities and foster care children to facilitate compliance with expedited enrollment and special education requirements.
2006, c. 781; 2015, c. 366.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5212. Eligibility for state pool of funds

A. In order to be eligible for funding for services through the state pool of funds, a youth, or family with a child, shall meet one or more of the criteria specified in subdivisions 1 through 4 and shall be determined through the use of a uniform assessment instrument and process and by policies of the community policy and management team to have access to these funds.
1. The child or youth has emotional or behavior problems that:
a. Have persisted over a significant period of time or, though only in evidence for a short period of time, are of such a critical nature that intervention is warranted;
b. Are significantly disabling and are present in several community settings, such as at home, in school, or with peers; and
c. Require services or resources that are unavailable or inaccessible, or that are beyond the normal agency services or routine collaborative processes across agencies, or require coordinated interventions by at least two agencies.
2. The child or youth has emotional or behavior problems, or both, and currently is in, or is at imminent risk of entering, purchased residential care. In addition, the child or youth requires services or resources that are beyond normal agency services or routine collaborative processes across agencies, and requires coordinated services by at least two agencies.
3. The child or youth requires placement for purposes of special education in approved private school educational programs or for transitional services as set forth in subdivision B 6 of § 2.2-5211.
4. The child or youth requires foster care services as defined in § 63.2-905.
B. For purposes of determining eligibility for the state pool of funds, "child" or "youth" means (i) a person younger than 18 years of age or (ii) any individual through 21 years of age who is otherwise eligible for mandated services of the participating state agencies including special education and foster care services.
1992, cc. 837, 880, § 2.1-758; 1994, c. 865; 1999, c. 669; 2001, c. 844; 2013, c. 5; 2021, Sp. Sess. I, cc. 70, 71.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5213. State trust fund

A. There is established a state trust fund with funds appropriated by the General Assembly. The purposes of this fund are to develop:
1. Early intervention services for young children and their families, which are defined to include: prevention efforts for individuals who are at-risk for developing problems based on biological, psychological or social/environmental factors.
2. Community services for troubled youths who have emotional or behavior problems, or both, and who can appropriately and effectively be served in the home or community, or both, and their families.
The fund shall consist of moneys from the state general fund, federal grants, and private foundations.
B. Proposals for requesting these funds shall be made by community policy and management teams to the Office of Children's Services. The Office of Children's Services shall make recommendations on the proposals it receives to the Council, which shall award the grants to the community teams in accordance with the policies developed under the authority of § 2.2-5202.
1992, cc. 837, 880, § 2.1-759; 1995, c. 520; 2000, c. 937; 2001, c. 844; 2015, c. 366.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 52 - Children's Services Act › § 2.2-5214. Rates for purchase of services; service fee directory

The rates paid for services purchased pursuant to this chapter shall be determined by competition of the market place and by a process sufficiently flexible to ensure that family assessment and planning teams and providers can meet the needs of individual children and families referred to them. To ensure that family assessment and planning teams are informed about the availability of programs and the rates charged for such programs, the Council shall oversee the development of and approve a service fee directory that shall list the services offered and the rates charged by any entity, public or private, which offers specialized services for at-risk youth or families. The Council shall designate the Office of Children's Services to coordinate the establishment, maintenance and other activities regarding the service fee directory.
1993, c. 110, § 2.1-759.1; 2000, c. 937; 2001, c. 844; 2015, c. 366.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5300. Definitions

As used in this chapter, unless the context requires a different meaning:
"Council" means the Virginia Interagency Coordinating Council created pursuant to § 2.2-2664.
"Early intervention services" means services provided through Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.), as amended, designed to meet the developmental needs of each child and the needs of the family related to enhancing the child's development and provided to children from birth to age three who have (i) a 25 percent developmental delay in one or more areas of development, (ii) atypical development, or (iii) a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay. Early intervention services provided in the child's home and in accordance with this chapter shall not be construed to be home health services as referenced in § 32.1-162.7.
"Participating agencies" means the Departments of Health, of Education, of Medical Assistance Services, of Behavioral Health and Developmental Services, and of Social Services; the Departments for the Deaf and Hard-of-Hearing and for the Blind and Vision Impaired; and the Bureau of Insurance within the State Corporation Commission.
1992, c. 771, § 2.1-760; 1999, cc. 640, 684; 2001, c. 844; 2005, c. 695; 2009, cc. 813, 840; 2013, c. 571.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5301. Secretaries of Health and Human Resources and Education to work together

The Secretaries of Health and Human Resources and Education shall work together in:
1. Promoting interagency consensus and facilitating complementary agency positions on issues relating to early intervention services;
2. Examining and evaluating the effectiveness of state agency programs, services, and plans for early intervention services and identifying duplications, inefficiencies, and unmet needs;
3. Analyzing state agency budget requests and any other budget items affecting early intervention services;
4. Proposing ways of realigning funding to promote interagency initiatives and programs for early intervention services;
5. Formulating recommendations on planning, priorities, and expenditures for early intervention services and communicating the recommendations to the Governor and state agency heads;
6. Formulating joint policy positions and statements on legislative issues regarding early intervention services and communicating those positions and statements to the General Assembly; and
7. Resolving interagency disputes and assigning financial responsibility in accordance with Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.).
1992, c. 771, § 2.1-761; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5303. Duties of participating agencies

The duties of the participating agencies shall include:
1. Establishing a statewide system of early intervention services in accordance with state and federal statutes and regulations;
2. Identifying and maximizing coordination of all available public and private resources for early intervention services;
3. Developing and implementing formal state interagency agreements that define the financial responsibility and service obligations of each participating agency for early intervention services, establish procedures for resolving disputes, and address any additional matters necessary to ensure collaboration;
4. Consulting with the lead agency in the promulgation of regulations to implement the early intervention services system, including developing definitions of eligibility and services;
5. Carrying out decisions resulting from the dispute resolution process;
6. Providing assistance to localities in the implementation of a comprehensive early intervention services system in accordance with state and federal statutes and regulations; and
7. Requesting and reviewing data and reports on the implementation of early intervention services from counterpart local agencies.
1992, c. 771, § 2.1-763; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5304. State lead agency's duties

To facilitate the implementation of an early intervention services system and to ensure compliance with federal requirements, the Governor shall appoint a lead agency. The duties of the lead agency shall include:
1. Promulgating regulations and adopting the policies and procedures as necessary to implement an early intervention services system and assure consistent and equitable access to such services, including, but not limited to, uniform statewide procedures on or before January 1, 2002, for public and private providers to determine parental liability and to charge fees for early intervention services in accordance with federal law and regulations, in consultation with other participating agencies; the regulations shall be adopted in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.);
2. Contracting with local lead agencies for implementation of local early intervention systems statewide;
3. Providing technical assistance to local early intervention systems, including local lead agencies, local interagency coordinating councils, and early intervention service providers; and
4. Establishing an interagency system of monitoring and supervising the early intervention services system.
1992, c. 771, § 2.1-764; 2001, cc. 562, 844; 2005, c. 695.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5304.1. Local lead agencies

A. To facilitate implementation of local early intervention systems statewide, the state lead agency shall contract with local lead agencies selected by the local interagency coordinating council. If the local interagency coordinating council is unable to select a local lead agency, the state lead agency shall assist in making the determination.
B. The local lead agency shall have the power and duty to:
1. Establish and administer a local system of early intervention services in compliance with Part C of the Individuals With Disabilities Education Act (20 U.S.C. § 1431 et seq.) and all relevant state policies and procedures;
2. Implement consistent and uniform policies and procedures for public and private providers to determine parental liability and to charge fees for early intervention services pursuant to regulations, policies, and procedures adopted by the state lead agency in § 2.2-5304; and
3. Manage relevant state and federal early intervention funds allocated from the state lead agency for the local early intervention system, including contracting or otherwise arranging for services with local early intervention services providers.
C. Localities shall not be mandated to provide funding for any costs under this chapter, either directly or through participating local public agencies.
2005, c. 695.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5305. Local interagency coordinating councils

A. The lead agency, in consultation with the Virginia Interagency Coordinating Council, shall establish local interagency coordinating councils on a statewide basis to advise and assist the local lead agencies and to enable early intervention service providers to establish working relationships that will increase the efficiency and effectiveness of early intervention services. The membership of local interagency coordinating councils shall include designees from the following agencies: community services boards, departments of health, departments of social services, and local school divisions. These designees shall designate additional council members as follows: at least one parent representative who is not an employee of any public or private program that serves infants and toddlers with disabilities; representatives from community providers of early intervention services; and representatives from other service providers as deemed appropriate. Every county and city may appoint a representative to the respective local interagency coordinating council.
B. The duties of local interagency coordinating councils shall include assisting and advising the local lead agency in the following:
1. Identifying existing early intervention services and resources;
2. Identifying gaps in the service delivery system and developing strategies to address these gaps;
3. Identifying alternative funding sources;
4. Facilitating the development of interagency agreements and supporting the development of service coalitions;
5. Implementing policies and procedures that will promote interagency collaboration; and
6. Developing local procedures and determining mechanisms for implementing policies and procedures in accordance with state and federal statutes and regulations.
1992, c. 771, § 2.1-766; 2001, cc. 562, 844; 2005, c. 695.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5306. Duties of local public agencies

Local public agencies represented on local interagency coordinating councils are responsible for:
1. Providing services as appropriate and agreed upon by members of the local interagency coordinating council;
2. Maintaining data and providing information as requested to their respective state agencies;
3. Developing and implementing interagency agreements;
4. Complying with applicable state and federal regulations and local policies and procedures; and
5. Following procedural safeguards and dispute resolution procedures as adopted by the Commonwealth.
1992, c. 771, § 2.1-767; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5307. Existing funding levels

Any federal funds made available through Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.) and any state funds appropriated specifically for Part H services shall supplement overall funding for services currently provided under Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.).
1992, c. 771, § 2.1-768; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 53 - Early Intervention Services System › § 2.2-5308. Licensure as home care organization not required

Notwithstanding the provisions of § 32.1-162.9, no person who provides early intervention services in accordance with this chapter shall be required to be licensed as a home care organization in order to provide these services in a child's home.
1999, cc. 640, 684, § 2.1-768.1; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5400. Short title; definitions

A. This chapter shall be known as the Community Action Act.
B. As used in this chapter, unless the context requires a different meaning:
"Community action agency" means a local subdivision of the Commonwealth, a combination of political subdivisions, a separate public agency or a private nonprofit agency that has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the Commonwealth, and that is designated as a community action agency by federal law, federal regulations or the Governor.
"Community action program budget" means state funds, federal block grants and federal categorical grants that are received by the Commonwealth for community action activities.
"Community action statewide organization" means community action programs, organized on a statewide basis, to enhance the capability of community action agencies.
"Designated agency" means the agency designated by the Secretary of Health and Human Resources pursuant to § 2.2-5401.
"Local share" means cash or in-kind goods and services donated to community action agencies to carry out their responsibilities.
"Low-income person" means a person who is a member of a household with a gross annual income equal to or less than 125 percent of the poverty standard accepted by the federal agency designated to establish poverty guidelines.
"Service area" means the geographical area within the jurisdiction of a community action agency or a community action statewide organization.
1982, c. 667, §§ 2.1-587, 2.1-588; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5401. Designation by Secretary of Health and Human Resources of agency to administer act

The Secretary of Health and Human Resources shall designate an agency to administer the Community Action Act and to work with community action agencies and community action statewide organizations to develop social and economic opportunities for low-income persons.
1982, c. 667, § 2.1-589; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5402. Powers and duties of designated agency

The designated agency shall have the following powers and duties to:
1. Coordinate state activities designed to reduce poverty.
2. Cooperate with agencies of the Commonwealth and the federal government in reducing poverty and implementing community, social and economic programs.
3. Receive and expend funds for any purpose authorized by this chapter.
4. Enter into contracts with and to award grants to public and private nonprofit agencies and organizations.
5. Develop a state plan based on needs identified by community action agencies and community action statewide organizations.
6. Fund community action agencies and community action statewide organizations and to adopt regulations.
7. Provide assistance to local governments or private organizations for the purpose of establishing and operating a community action agency.
8. Provide technical assistance to community action agencies to improve program planning, program development, administration and the mobilization of public and private resources.
9. Require community action agencies and community action statewide organizations to generate local contributions of cash or in-kind services as the agency may establish by regulation.
10. Convene public meetings that provide citizens the opportunity to comment on public policies and programs to reduce poverty.
11. Advise the Governor and the General Assembly of the nature and extent of poverty in the Commonwealth and to make recommendations concerning changes in state and federal policies and programs.
1982, c. 667, § 2.1-590; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5403. Community action boards

A. Each community action agency shall administer its community action program through a community action board consisting of no less than fifteen members who shall be selected as follows:
1. One-third of the members of the board shall be elected public officials or their designees, who shall be selected by the local governing body of the service area, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointed public officials may be counted in meeting the one-third requirement.
2. At least one-third of the members shall be persons chosen democratically to represent the poor of the area served.
3. The other members shall be members of business, industry, labor, religious, social service, education or other major community groups.
B. Each member of the board selected to represent a specific geographic area within a community shall reside in the area represented.
C. Except as otherwise provided in subsection D, the board shall be responsible for the following:
1. Appointing and dismissing an executive director of the community action agency.
2. Approving grants and contracts, annual program budget requests and operational policies of the community action agency.
3. Having an annual audit performed by an independent auditor.
4. Convening public meetings to provide low-income and other persons the opportunity to comment upon public policies and programs to reduce poverty.
5. Annually evaluating the policies and programs of the community action agency. The board shall submit the evaluation and recommendations to improve the administration of the community action agency to the designated agency and to the local governing body or bodies within the service area.
6. Carrying out such other duties as may be delegated by the local governing body or bodies within the service area or by the designated agency.
7. Delegating responsibilities pursuant to the provisions of § 2.2-5404.
D. Where a local subdivision of the Commonwealth acts as or has designated a community action agency, the local governing body shall determine the responsibilities and authority of the community action board.
1982, c. 667, § 2.1-591; 1989, c. 273; 2001, c. 844; 2010, c. 584.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5404. Delegation of responsibilities by community action agency

If a community action agency places responsibility for major policy determination with respect to the character, funding, extent and administration of and budgeting for programs to be carried on in a particular geographic area within the community in a subsidiary board, council or similar agency, the board, council or agency shall be broadly representative of the area.
1982, c. 667, § 2.1-592; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5405. Local participation

Each community action agency shall consult neighborhood-based organizations composed of residents of the area it serves or members of the groups to be served to assist the agency in planning, conducting and evaluating components of the community action agency.
1982, c. 667, § 2.1-593; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5406. Community action statewide organizations; structure; responsibilities

A. A community action statewide organization shall be a nonprofit corporation whose charter, articles of incorporation and bylaws permit the corporation to operate in all jurisdictions of the Commonwealth.
B. A community action statewide organization shall be governed by a board. The board shall conform to requirements for the community action agency board.
C. Community action statewide organizations shall carry out all the planning, reporting, evaluation, fiscal and programmatic responsibilities required by the designated agency and other appropriate agencies of state government.
D. Community action statewide organizations shall receive and administer state, federal and private funds, render technical assistance and carry out activities that will enable community action agencies to solve local problems.
E. Community action statewide organizations shall work with community action agencies in areas served by those agencies and with community-based organizations, local governments, industry and other organizations in areas unserved by a community action agency to assist in carrying out the purposes of this chapter.
1982, c. 667, §§ 2.1-594, 2.1-595, 2.1-596; 1989, c. 273; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 54 - Community Action Act › § 2.2-5407. Designation of community action agencies; rescission of designation

A. Each community action agency that has been designated by a unit of local government and funded pursuant to the Economic Opportunity Act of 1964 (Public Law 88-452) that was in operation on July 1, 1982, and is still in operation shall be deemed a community action agency for the purposes of this chapter.
B. No new community action agency shall be designated in any area of the Commonwealth that is served by an existing community action agency.
C. The Governor may designate a community action agency to serve any locality not currently served by an existing community action agency. This determination may be through the expansion of the service area of an existing community action agency or the designation of a new community action agency.
The designated agency shall receive and review requests for the expansion of existing community action agencies or the designation of new community action agencies and shall present to the Secretary of Health and Human Resources a recommendation for community action status and funding. The review and recommendation shall be in compliance with regulations developed by the board of the designated agency.
Upon completion of a satisfactory review of the request, the Secretary shall forward a recommendation to the Governor.
D. The Secretary of Human Resources may recommend that the Governor rescind the designation of a community action agency for cause or by mutual agreement.
If the rescission is for cause, the Secretary shall:
1. Receive from the designated agency a request to rescind the designation of the community action agency, including the causes for the request;
2. Notify the chief elected official of each local governing body in the service area of the intent to rescind the designation of the community action agency;
3. Provide the community action agency the opportunity for a hearing on the record; and
4. Meet any other provisions required by federal law.
If the rescission is by mutual agreement, the Secretary shall:
1. Receive from the designated agency a resolution, approved by the governing body of the community action agency, requesting the Governor to rescind its designation as a community action agency. The resolution shall include a proposed effective date for the rescission; and
2. Meet any other provisions required by federal law.
1982, c. 667, § 2.1-597; 2001, c. 844; 2007, c. 522.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 55 - Virginia Biotechnology Research Act › § 2.2-5500. Purpose

The purposes of this chapter are to establish a state regulatory scheme to ensure state participation in the federal Coordinated Framework for the Regulation of Biotechnology to protect human health and the environment and to stimulate the growth of the biotechnology industry within the Commonwealth. To do this, the Secretary of Commerce and Trade shall cooperate with federal authorities in accordance with the federal Coordinated Framework for the Regulation of Biotechnology to assess the potential risks and effects of proposed regulated introductions of genetically engineered organisms into the environment without undue governmental interference with the progress and commercial development of biotechnology within the Commonwealth. The General Assembly does not intend to create a regulatory scheme that duplicates federal regulatory efforts regarding biotechnology, or one that overly burdens biotechnology efforts within the Commonwealth. This chapter is intended to institute a process in which the Commonwealth can monitor the federal regulatory process and protect its interests in agriculture, public health, and the natural environment, as needed, by participation in the federal regulatory process.
1994, c. 472, § 2.1-769; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 55 - Virginia Biotechnology Research Act › § 2.2-5501. Definitions

As used in this chapter, unless the context requires a different meaning:
"Affected localities" means the locality in which a regulated introduction is proposed to be made and any locality within a three-mile radius of the location where the regulated introduction is proposed to be made.
"Confidential business information" means information entitled to confidential treatment under subdivision A 1 or A 2 of § 2.2-5506.
"Coordinated Framework" means the federal Coordinated Framework for the Regulation of Biotechnology set forth in 51 Fed. Reg. 23,302 through 23,350 (June 26, 1986), as amended.
"Department" means the department designated by the Secretary of Commerce and Trade to implement the requirements of this chapter for certain types or classes of regulated introductions. Where possible, the Secretary shall designate the department whose purpose most closely resembles the purpose of the federal regulator that will be responsible under the Coordinated Framework for reviewing and authorizing the regulated introduction.
"Federal regulator" means a federal department, agency, or other instrumentality of the federal government, or a designee of such federal instrumentality, which is responsible for regulating an introduction of a genetically engineered organism into the environment under the Coordinated Framework.
"Genetically engineered organism" means an organism (any organism such as animal, plant, bacterium, cyanobacterium, fungus, protist, or virus), altered or produced through genetic modification from a donor, vector, or recipient organism using modern molecular techniques such as recombinant deoxyribonucleic acid (DNA) methodology, and any living organisms derived therefrom.
"Locality" means any county, city or town located within the Commonwealth.
"Planned introduction into the environment" means the intentional introduction or use in the Commonwealth beyond the de minimis level of a genetically engineered organism anywhere except within an indoor facility that is designed to physically contain the genetically engineered organism, including a laboratory, greenhouse, building, structure, growth chamber, or fermenter.
"Regulated introduction" means a planned introduction into the environment for which the Coordinated Framework requires that the person proposing to commence the introduction into the environment do one or more of the following:
1. Notify a federal regulator of the proposed introduction into the environment;
2. Secure the approval of or a permit or license from a federal regulator before commencing the introduction into the environment; or
3. Secure a determination by a federal regulator of the need for notification, approval, licensing or issuance of a permit by the federal regulator if the determination is part of a procedure specified in the Coordinated Framework.
1994, c. 472, § 2.1-770; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 55 - Virginia Biotechnology Research Act › § 2.2-5502. Exemptions from chapter to be determined by Department

A. The Department may waive part or all of the requirements under this chapter for a specified regulated introduction if the Department determines that the satisfaction of that requirement is not necessary to protect the public health or the environment.
B. The Department may exempt a class of regulated introductions from part or all of any requirement under this chapter if the Department determines that the satisfaction of those requirements or part thereof is not necessary to protect the public health or the environment.
C. Planned regulated introductions approved by a federal regulator pursuant to the federal Coordinated Framework prior to enactment of this chapter shall be exempt from the provisions of this chapter.
1994, c. 472, § 2.1-771; 2001, c. 844.
2023 Code of Virginia › Title 2.2 - Administration of Government › Chapter 55 - Virginia Biotechnology Research Act › § 2.2-5503. Requirements for regulated introduction

Except as provided under § 2.2-5502, no person may commence a regulated introduction unless the person:
1. Provides to the Department all of the following information within seven days after the person submits or should have submitted the information specified in subdivisions 1 a and 1 b to a federal regulator, whichever is sooner:
a. A copy of all information that the person is required to submit to the federal regulator and that is not confidential information; and
b. A summary of any confidential information that the person submits or is required to submit to a federal regulator. The summary shall provide sufficient information to enable the Department to exercise its notice and comment functions under §§ 2.2-5504 and 2.2-5505, to provide public notice pursuant to § 2.2-5504, and to prepare comments pursuant to § 2.2-5505, and shall have minimal extraneous and irrelevant information. The summary shall also provide sufficient information to enable the locality in which the introduction is proposed to be made to exercise its comment function under § 2.2-5505.
2. Provides such additional information, if any, as is necessary to enable the Department to fulfill any functions it undertakes, on a case-by-case basis, under § 2.2-5505.
1994, c. 472, § 2.1-772; 2001, c. 844.