reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-120. Cooperation of Department with other state departments

A. The Department shall collaborate with the Department of Behavioral Health and Developmental Services in activities related to licensing providers of (i) services under the Individual and Families Developmental Disabilities Support Waiver, (ii) services under the Brain Injury Waiver, and (iii) residential services for individuals with brain injuries as defined in § 37.2-403. These activities include involving advocacy and consumer groups who represent persons with developmental disabilities or brain injuries in the regulatory process; training the Department of Behavioral Health and Developmental Services, local human rights committees, and the State Human Rights Committee on the unique needs and preferences of individuals with developmental disabilities or brain injuries; assisting in the development of regulatory requirements for such providers; and providing technical assistance in the regulatory process and in performing annual inspections and complaint investigations.
B. The Department shall collaborate with the Department of Social Services in activities related to the planning and provision of adult services pursuant to Article 4 (§ 51.5-144 et seq.), adult protective services pursuant to Article 5 (§ 51.5-148), and auxiliary grants pursuant to Article 9 (§ 51.5-159 et seq.).
C. The Department shall enter into cooperative agreements with the Department of Behavioral Health and Developmental Services, the Department of Medical Assistance Services, the Virginia Community College System, public institutions of higher education, and the Department of Education to identify the responsibilities of each public entity relating to the provision of vocational rehabilitation services as required by the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), as amended.
2012, c. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-121. Authority of Department to request and receive information from other agencies; use of information so obtained

The Department may request and shall receive from all departments, boards, bureaus, or other agencies of the Commonwealth such records and information as is necessary for the purpose of carrying out the provisions and programs of this chapter, and the same are authorized to provide such information, provided that a written statement from the requesting party stating the reason for seeking such record is submitted and filed with the record sought. The Department may also request and receive records and information necessary for the purpose of carrying out the provisions and programs of this chapter from agencies or political subdivisions of other states. The Department may make such information available to public officials and agencies of the Commonwealth, other states, political subdivisions of the Commonwealth, and political subdivisions of other states in accordance with state and federal law when the request for information relates to administration of the various public assistance or social services programs.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-122. Confidential records and information concerning adult services and adult protective services; penalty

A. The records, information, and statistical registries of the Department and local departments of social services concerning adult services and adult protective services provided to or on behalf of individuals shall be confidential information, provided that the Commissioner and his agents shall have access to such records, information, and statistical registries, and that such records, information, and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.
It shall be unlawful for the Commissioner, his agents or employees, any person who has held any such position, or any other person to whom any confidential record or information is disclosed to disclose, directly or indirectly, such confidential record or information, except as herein provided. Every violation of this section shall constitute a Class 1 misdemeanor.
B. If a request for a record or information concerning applicants for and recipients of adult services provided pursuant to Article 4 (§ 51.5-144 et seq.) or adult protective services provided pursuant to Article 5 (§ 51.5-148) is made to the Department or a local department by a person who does not have a legitimate interest, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-123. Community Rehabilitation Case Management System

The Department shall develop and implement a community rehabilitation case management system. Such system shall provide for the coordination of medical, psychosocial, vocational, rehabilitative, long-term care, and family and community support services for persons with significant physical or sensory disabilities.
The Department shall facilitate the provision of such services by the Department and any other state, local, public, or private nonprofit agency, organization, or facility to such persons.
1989, c. 176, § 51.5-9.2; 2012, cc. 803, 835; 2014, c. 289.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-124. Eligibility for community rehabilitation case management

A person shall be eligible to receive community rehabilitation case management services pursuant to § 51.5-123 if the Department determines such person is disabled indefinitely and requires a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are lifelong or for an extended duration and are individually planned and coordinated, or such person's disability results in substantive functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency. Rehabilitative case management shall not be provided to any person who is eligible for Medicaid targeted case management or other publicly funded case management or Medicaid transition coordination.
1989, c. 176, § 51.5-9.3; 2012, cc. 803, 835; 2014, c. 289.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-125. Gifts and donations

The Department is authorized to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions as in the judgment of the Department are proper and consistent with this title. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent special fund. Such moneys may also be used in matching federal grants. The Department shall annually submit to the Governor a full report of all gifts and donations offered and accepted, the names of the donors, the respective amounts contributed by each donor, and all disbursements of such gifts and donations.
Code 1950, §§ 2.1-586, 22-239, 22-330.11; 1964, c. 276; 1970, c. 213; 1978, c. 635; 1980, c. 559; 1984, c. 734; 1985, c. 421, §§ 51.01-10, 51.5-10; 2012, c. 835; 2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-126. Donation of equipment

The Department shall retain title to items of nonexpendable equipment purchased by the Department for individuals or groups of individuals, in accordance with this title and the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), while such equipment has an undepreciated monetary value. Once the equipment reaches a depreciated value of zero, the Department may donate the equipment to the individual or group of individuals then authorized to use it by the Department. The donation shall be consistent with the public purpose of the Department. The Department, in concert with the Department of Accounts, shall establish criteria for depreciation of such equipment in accordance with generally accepted accounting principles and maintain depreciation records. The Department shall report a donation pursuant to this section to the Division of Purchases and Supply and to the Auditor of Public Accounts. Nothing in this section shall be construed to excuse the Department from complying with § 2.2-1124 except for equipment donated pursuant to this section.
1986, c. 436, §§ 51.01-10.1, 51.5-10.1; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-128. Duties of the Commonwealth Council on Aging

A. The Commonwealth Council on Aging (the Council) shall have the following duties:
1. Examine the needs of older Virginians and their caregivers and ways in which state government can most effectively and efficiently assist in meeting those needs;
2. Advise the Governor and General Assembly on aging issues and aging policy for the Commonwealth;
3. Advise the Governor on any proposed regulations deemed by the Director of the Department of Planning and Budget to have a substantial and distinct impact on older Virginians and their caregivers. Such advice shall be provided in addition to other regulatory reviews required by the Administrative Process Act (§ 2.2-4000 et seq.);
4. Advocate for and assist in developing the Commonwealth's planning for meeting the needs of the growing number of older Virginians and their caregivers;
5. Assist and advise the Department regarding strategies to improve nutritional health, alleviate hunger, and prevent malnutrition among older adults;
6. Recommend budget requests for consideration in the Governor's development of the budget; and
7. Review and provide input as part of the development of the four-year-plan for aging services as defined in § 51.5-136.
B. The Council may apply for and expend such grants, gifts, or bequests from any source as may become available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connection therewith.
C. The Council shall submit to the Governor, General Assembly, and Department by October 1 of each year an electronic report regarding the activities and recommendations of the Council, which shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website and the Department's website.
1998, c. 665, § 2.1-373.02; 2000, cc. 877, 896; 2001, c. 844, § 2.2-2627; 2010, cc. 411, 801; 2012, cc. 803, 835; 2017, c. 202; 2020, c. 728; 2022, c. 533; 2023, c. 583.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-129. Creation of State Rehabilitation Council; purpose; membership

The State Rehabilitation Council is established as a designated state council in the executive branch of government for the purpose of providing advice to and performing other functions for the Department regarding vocational services provided pursuant to Title I and Title VI of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq. and 29 U.S.C. § 795 et seq., respectively). Membership, terms, and meeting requirements shall be in accordance with federal provisions as provided in 29 U.S.C. § 725.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-130. Commissioner for Aging and Rehabilitative Services

A. The supervision of the Department shall be the responsibility of the Commissioner for Aging and Rehabilitative Services under the direction and control of the Governor and the Secretary of Health and Human Resources. The Commissioner shall be a person of proven executive and administrative knowledge, skills, and abilities, with appropriate education and substantial experience in the field of aging and rehabilitative services. He shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with that of the Governor.
B. In cooperation with the Commonwealth Council on Aging, the Commissioner shall serve as the Governor's principal advisor on aging issues and shall recommend to the Governor and the General Assembly such policies, legislation, and other actions appropriate to meet the needs of an aging society and to improve aging services in the Commonwealth. In addition, the Commissioner shall serve as Special Assistant to the Governor for Aging Policy and shall report directly to the Governor as necessary on aging policies.
Code 1950, §§ 2.1-579, 22-330.4:2; 1978, c. 635; 1980, c. 559; 1982, c. 12; 1984, c. 720; 1985, c. 421, §§ 51.01-13, 51.5-13; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-132. Commissioner to establish regulations regarding human research

The Commissioner shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department, any area agency on aging, any sheltered workshop, any independent living center, or the Wilson Workforce and Rehabilitation Center. The regulations shall require the human research review committee, as provided in § 32.1-162.19, to submit to the Governor, the General Assembly, and the Commissioner or his designee, at least annually, a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.
2003, cc. 57, 73, § 51.5-14.01; 2012, cc. 803, 835; 2015, c. 542; 2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-133. Cooperation with local authorities

The Commissioner shall assist and cooperate with local authorities in the administration of this chapter. He shall encourage and direct the training of all personnel of local boards and local departments engaged in the administration of any adult services or adult protective services program within the purview of this chapter. The Commissioner shall collect and publish statistics and such other data as may be deemed of value in assisting public authorities and agencies of the Commonwealth in improving the care of older Virginians and persons with disabilities. The Commissioner shall also, in his discretion, initiate and conduct conferences designed to accomplish such ends and to further coordination of effort in this field.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-134. Definitions

As used in this article, unless the context requires a different meaning:
"Access services" means care coordination; care transitions; communication, referral, information, and assistance; options counseling; transportation; and assisted transportation.
"Aging services" means access services, Care Coordination for Elderly Virginians, caregiver services, client services, disease prevention and health promotion services, in-home services, legal assistance, nutrition services, and elder abuse prevention services that are supported with federal and state funds.
"Caregiver services" means counseling services, including individual counseling, support groups, and caregiver training; respite services, including institutional respite and direct respite services; and supplemental services.
"Client services" means emergency services, employment services pursuant to Title III of the Older Americans Act, 42 U.S.C. § 3001 et seq., as amended, health education and screening, long-term care coordinating activities, medication management, money management, public information and education, socialization and recreation, and volunteer programs.
"Economic need" means the need resulting from an income level at or below the poverty line.
"In-home services" means adult day care, checking, chore, homemaker, personal care, and residential repair and renovation services.
"Long-term care" means any service, care, or item, including a disease prevention and health promotion service, an in-home service, and a case management service that is (i) intended to assist individuals in coping with, and to the extent practicable in compensating for, a functional impairment in carrying out activities of daily living; (ii) furnished at home, in a community care setting, or in a long-term care facility; and (iii) not furnished to prevent, diagnose, treat, or cure a medical disease or condition.
"Long-term care ombudsman program" means the program established in Article 13 (§ 51.5-182 et seq.).
"Nutrition services" means congregate and home-delivered nutrition services.
"Social need" means the need caused by noneconomic factors, including (i) physical and mental disabilities, which include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that which is related to a history of discrimination for factors such as racial or ethnic status, gender identity, gender expression, or sexual orientation that can affect an individual's ability to perform normal daily tasks or threatens such individual's capacity to live independently.
2012, cc. 476, 507, 803, 835; 2020, c. 728; 2021, Sp. Sess. I, cc. 299, 300.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-137. Administrative responsibilities of Department regarding aging services

The Department shall have the following responsibilities regarding aging services in the Commonwealth:
1. Develop appropriate fiscal and administrative controls over aging services in the Commonwealth;
2. Develop a state long-term care plan to guide the coordination and delivery of aging services. The plan shall ensure the development of a continuum of aging services for older persons in need of services;
3. Identify and assure the equitable statewide distribution of resources for aging services; and
4. Perform ongoing evaluations of the cost-effective utilization of aging services.
2012, cc. 803, 835; 2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-138. Coordination of local aging services and long-term care by localities

The governing body of each county or city, or a combination thereof, may designate a lead agency and member agencies to accomplish the coordination of local aging services and long-term care. If established, the agencies may establish a long-term care coordination committee composed of, but not limited to, representatives of each agency. The coordination committee may guide the coordination and administration of aging services and long-term care in the locality. The membership of the coordination committee may include, but is not limited to, representatives of the local department of public health, the local department of social services, the community services board or community mental health clinic, the area agency on aging, the local nursing home pre-admission screening team, and representatives of housing, transportation, and other appropriate local organizations that provide long-term care. A plan may be implemented that ensures the cost-effective utilization of all funds available for aging services and long-term care in the locality. Localities are encouraged to provide services and supports within each category of service in the continuum and to allow one person to deliver multiple aging services, when possible.
1982, c. 346, § 2.1-373.7; 2001, c. 844, § 2.2-708; 2008, cc. 391, 419; 2010, cc. 411, 801; 2012, cc. 803, 835; 2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-143. Powers and duties of Department relating to universal design and visitability features

The Department shall publicize guidelines on universal design and visitability features to make structures and dwellings accessible for older Virginians and people who develop mobility impairment. Such guidelines shall be disseminated to the public and posted on the Department's website.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-144. Definitions

As used in this article, unless the context requires a different meaning:
"Adult" means an individual who is 18 years of age or older, or under the age of 18 years if legally emancipated.
"Adult foster care" means room and board, supervision, and special services to an adult who has a physical or mental condition. Adult foster care may be provided by a single provider for up to three adults.
"Adult services" means services that are provided by local departments of social services to an adult with an impairment.
"Adult with an impairment" means an adult whose physical or mental capacity is diminished to the extent that he needs counseling or supervisory assistance or assistance with activities of daily living or instrumental activities of daily living.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-145. Responsibility of the Department for adult services

The Department shall have responsibility for the planning and oversight of adult services in the Commonwealth. Services shall be delivered by local departments of social services, as set out in Article 1 (§ 63.2-1600 et seq.) of Chapter 16 of Title 63.2, and pursuant to regulations and subject to the oversight of the Commissioner.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-146. Adult services

Adult services provided by the Department together with local departments of social services shall include:
1. Home-based services, including homemaker, companion, or chore services, which will allow individuals to attain or maintain self-care and are likely to prevent or reduce dependency, to the extent that federal or state matching funds are made available for such purpose;
2. Adult foster care, including recruitment, approval, and supervision of adult foster care homes;
3. Participation in nursing home pre-admission screenings of all individuals pursuant to § 32.1-330;
4. Provision of assisted living facility assessments of residents and applicants pursuant to § 63.2-1804;
5. Participation in long-term care service coordination pursuant to § 51.5-138;
6. Provision of social services or public assistance as defined in § 63.2-100, as appropriate, to consumers discharged from state hospitals or training centers pursuant to §§ 37.2-505 and 37.2-837; and
7. Participation in such other services or programs as may be required pursuant to state or federal law.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-147. Appeal to Commissioner regarding home-based and adult foster care services

Any applicant for or recipient of home-based and adult foster care services aggrieved by any decision of a local board in granting, denying, changing, or discontinuing services may, within 30 days after receiving written notice of such decision, appeal therefrom to the Commissioner. Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for review by the Commissioner. The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review. The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to the testimony of witnesses, or other evidence produced at the hearing, reports of investigation of the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts which the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-148. Establishment of Adult Protective Services Unit; powers and duties

A. The Department shall have responsibility for the planning and oversight of adult protective services in the Commonwealth. The Commissioner shall establish within the Department for Aging and Rehabilitative Services an Adult Protective Services Unit which shall oversee the planning, administration, and implementation of adult protective services in the Commonwealth. Adult protective services shall be provided to the public by local departments of social services pursuant to Chapter 16 (§ 63.2-1600 et seq.) of Title 63.2 in cooperation with the Department and subject to the regulations and oversight of the Commissioner.
B. The Adult Protective Services Unit shall have the following powers and duties:
1. To work together with local departments of social services to support, strengthen, and evaluate adult protective services programs provided by such local departments;
2. To assist local departments of social services in developing and implementing programs to respond to and prevent adult abuse, neglect, or exploitation;
3. To prepare, disseminate, and present educational programs and materials on adult abuse, neglect, and exploitation to mandated reporters and the public;
4. To establish minimum standards of training and provide educational opportunities to qualify workers in the field of adult protective services to determine whether reports of adult abuse, neglect, or exploitation are substantiated. The Department shall establish and provide a uniform training program for adult protective services workers in the Commonwealth. All adult protective services workers shall complete such training within one year from the date of implementation of the training program or within the first year of their employment;
5. To develop policies and procedures to guide the work of persons in the field of adult protective services;
6. To prepare and disseminate statistical information on adult protective services in Virginia;
7. To operate an adult protective services 24-hour toll-free hotline and provide training and technical assistance to the hotline staff;
8. To provide coordination among the adult protective services program and other state agencies; and
9. To work collaboratively with other agencies in the Commonwealth to facilitate the reporting and investigation of suspected adult abuse, neglect, or exploitation.
2012, cc. 803, 835; 2014, c. 285.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-149. Policy statement; Virginia Public Guardian and Conservator Program established; definitions

A. The General Assembly declares that it is the policy of the Commonwealth to ensure that persons who cannot adequately care for themselves because of incapacity (in this article, also referred to as clients) are able to meet essential requirements for physical and emotional health and management of financial resources with the assistance of a guardian or conservator, as appropriate, in circumstances where (i) the incapacitated person's financial resources are insufficient to fully compensate a private guardian or conservator and pay court costs and fees associated with the appointment proceeding and (ii) there is no other proper and suitable person willing and able to serve in such capacity or there is no guardian or conservator appointed within one month of adjudication pursuant to § 64.2-2015. In order to ensure that the protection and assistance of a guardian or conservator are available to all incapacitated persons in the Commonwealth, there is established the statewide Virginia Public Guardian and Conservator Program (the Program) within the Department to (a) facilitate the creation of local or regional programs to provide services as public guardians or conservators and (b) fund, coordinate, administer, and manage such programs.
B. The definitions found in § 64.2-2000 shall apply to this article.
1998, c. 787, §§ 2.1-373.10, 2.1-373.11; 2001, c. 844, § 2.2-711; 2005, c. 712; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-149.1. Public Guardian and Conservator Advisory Board; purpose; membership; terms

A. The Public Guardian and Conservator Advisory Board (the Board) is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Board shall be to report to and advise the Commissioner on the means for effectuating the purposes of this article and shall assist in the coordination and management of the local and regional programs appointed to act as public guardians and conservators pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.
B. The Board shall consist of no more than 15 members who shall be appointed by the Governor as follows: one representative of the Virginia Association of Area Agencies on Aging; one representative of the Virginia State Bar; one active or retired circuit court judge upon recommendation of the Chief Justice of the Supreme Court; one representative of ARC of Virginia; one representative of the National Alliance on Mental Illness of Virginia; one representative of the Virginia League of Social Service Executives; one representative of the Virginia Association of Community Services Boards; the Commissioner of Social Services or his designee; the Commissioner of Behavioral Health and Developmental Services or his designee; and one person who is a member of the Commonwealth Council on Aging and such other individuals who may be qualified to assist in the duties of the Board, who may include a representative of the Commonwealth's designated protection and advocacy system.
C. The Commissioners of Social Services and Behavioral Health and Developmental Services, or their designees, and the representative of the Commonwealth Council on Aging shall serve terms coincident with their terms of office or, in the case of designees, the term of the Commissioner. The other members of the Board shall serve for four-year terms. No member shall serve more than two successive terms. A vacancy occurring other than by expiration of term shall be filled for the unexpired term. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
D. Each year, the Board shall elect a chairman and a vice-chairman from among its members. Five members of the Board shall constitute a quorum.
E. Members shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in § 2.2-2823.
2016, c. 40; 2023, c. 476.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-149.2. Powers and duties of the Board

The Board shall have the power and duty to:
1. Assist in the coordination and management of the local and regional programs appointed to act as public guardians and conservators pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2;
2. Provide advice and counsel on the provision of high-quality guardianship service and avoidance of conflicts of interest;
3. Promote the mobilization of activities and resources of public and private sector entities to effectuate the purposes of this article;
4. Make recommendations regarding appropriate legislative and executive actions, including, but not limited to, recommendations governing alternatives for local programs to follow upon repeal of the authority granted to the courts pursuant to § 64.2-2015 to appoint the sheriff as guardian or conservator when the maximum staff-to-client ratio of the local program is met or exceeded; and
5. Submit to the Department by October of each odd-numbered year a report regarding the activities and recommendations of the Board, to be posted on the Department's website.
2016, c. 40.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-152. Powers and duties of the Department with respect to Alzheimer's disease and related disorders

The Department shall:
1. Serve as a referral point for linking families caring for persons with Alzheimer's disease and related disorders with Virginia's chapters of the Alzheimer's Disease and Related Disorders Association;
2. Provide information, counseling, education, and referral about services and programs, including safe, secure environments as defined in § 63.2-1802, that may support individuals and families dealing with Alzheimer's disease and related disorders;
3. Collect and monitor data related to the impact of Alzheimer's disease and related disorders on Virginians;
4. Evaluate the needs of individuals with Alzheimer's disease and related disorders and their caregivers, and identify the services, resources, and policies that may be needed to address such needs for individuals with Alzheimer's disease and related disorders and their caregivers;
5. Recommend strategies for coordination of services and resources among agencies involved in the delivery of services to Virginians with Alzheimer's disease and related disorders;
6. Monitor development and implementation of the state plan for meeting the needs of individuals with Alzheimer's disease and related disorders and their caregivers required pursuant to subdivision D 4 of § 51.5-154; and
7. Recommend policies, legislation, and funding necessary to implement the state plan for meeting the needs of individuals with Alzheimer's disease and related disorders and their caregivers required pursuant to subdivision D 4 of § 51.5-154.
2003, cc. 749, 766, § 2.2-718; 2012, cc. 803, 835; 2013, c. 376; 2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-153. Alzheimer's and Related Diseases Research Award Fund

There is established a fund to be known as the Alzheimer's and Related Diseases Research Award Fund, hereafter referred to as "the Fund." The Fund shall be administered by the Virginia Center on Aging and the awards shall be made through an awards committee consisting of representatives from the scientific and medical communities and the general public. The awards shall be given annually to scientists in Virginia in order to support research into the causes of Alzheimer's disease and related disorders, methods of treatment, ways that families can cope with the stresses of the disease, and the impact of the disease on the citizens of the Commonwealth.
2003, cc. 749, 766, § 2.2-719; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-159. Definitions

For the purposes of this article:
"Auxiliary grant" means cash payments made to certain older, blind, or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive such benefits but for excessive income.
"Case manager" means an employee of a human services agency who is qualified and designated to develop and coordinate plans of care.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-161. Awarding of grants; purposes; eligible applicants

A. The Department is authorized, subject to other requirements of this law, to make grants or enter into contracts, in accordance with rules and regulations of the Commissioner, for the following purposes:
1. To promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities and the integration and full inclusion of individuals with disabilities into the mainstream of society by:
a. Providing financial assistance for expanding and improving the provision of independent living services; and
b. Providing financial assistance to develop and support a statewide network of centers for independent living; and
2. To assist employers in employing, training, and providing other related services to persons with significant disabilities.
B. Applications for the grants and contracts authorized in subdivision A 1 may be made by consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agencies that (i) are designed and operated within a local community by individuals with disabilities and (ii) provide an array of independent living services. Each applicant shall be established and shall have a governing board, the majority of whose members shall be persons with disabilities, for the sole purpose of operating the independent living center.
C. Applications for the grants and contracts authorized in subdivision A 2 may be made by employers in the Commonwealth who wish to take affirmative steps to employ and advance in employment persons with disabilities.
1985, c. 421, §§ 51.01-23, 51.5-23; 1992, c. 755; 2003, c. 503; 2011, cc. 7, 166; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-162. Independent living services

Independent living services provided pursuant to this article shall be provided in accordance with the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), as amended.
1985, c. 421, §§ 51.01-24, 51.5-24; 2003, c. 503; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-163. Centers for independent living

A. Services provided through grants or contracts with centers for independent living pursuant to this article shall include:
1. Advocacy;
2. Peer counseling;
3. Independent living skills training;
4. Information and referral; and
5. Services that (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences with the requisite supports and services, (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community, and (iii) facilitate the transition of youth with significant disabilities, who were eligible for individualized education programs under § 614(d) of the Individuals with Disabilities Education Act or who have completed their secondary education, to post-secondary life.
Services may include other services deemed necessary by the local consumer base.
B. Centers for independent living funded in whole or in part by the Department shall be staffed by persons with disabilities who are trained in the philosophy of independent living. The majority of management staff shall include persons with disabilities.
1985, c. 421, §§ 51.01-25, 51.5-25; 2003, c. 503; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-164. Statewide Independent Living Council created

The Statewide Independent Living Council is hereby created to develop and sign the Statewide Plan for Independent Living in accordance with Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. § 796 et seq.) and to perform other activities as provided in such Act. Membership and duties shall be constructed according to federal provisions. The Department shall provide staff support for the Council.
1994, c. 81, § 51.5-25.1; 2006, cc. 110, 169; 2007, cc. 473, 556; 2011, cc. 7, 166; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-166. Eligibility criteria

The Commissioner shall establish eligibility criteria for services to be applied by programs awarded grants pursuant to this article. Such criteria shall provide that:
1. Eligibility shall be determined without regard to sex, sexual orientation, gender identity, race, national origin, religion, or type of impairment of the person applying for the service;
2. Preference shall be given to applicants for services whose impairments are so severe that they do not presently have the potential for employment, but whose ability to live and function independently within their family settings or communities may be improved by the services for which they have applied; and
3. Services shall not be provided to people who are eligible for prevocational or supported employment services through a Medicaid home and community based waiver program.
1985, c. 421, §§ 51.01-27, 51.5-27; 1992, c. 755; 2012, cc. 803, 835; 2020, c. 1137.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-167. Participation by clients in cost of services

The Commissioner shall establish written standards for determining the extent to which a client shall be financially responsible for the cost of services funded in whole or in part by the Department. Each public or private agency awarded a grant or contract in accordance with § 51.5-161 shall utilize the Commissioner's regulations to maximize the financial participation of persons receiving services.
1985, c. 421, §§ 51.01-28, 51.5-28; 1987, c. 50; 1992, c. 755; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-168. Rights of clients

The Commissioner shall establish written standards governing the rights of clients of services provided by public or private agencies in accordance with § 51.5-161. Each such public and private agency shall educate clients and staff regarding those rights and shall provide a procedure to fairly and impartially resolve conflicts and complaints about alleged violations of those rights. Each such agency shall make referrals consistent with the provisions of 29 U.S.C. § 732.
1985, c. 421, §§ 51.01-29, 51.5-29; 1992, c. 755; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-169. Cooperative agreements with community services boards and schools

No services funded under the authority of this article shall be provided to:
1. Persons whose primary impairment is mental illness, intellectual disability, or substance abuse, except by cooperative agreement with the local community services board established pursuant to Chapter 5 (§ 37.2-500 et seq.) of Title 37.2 or the behavioral health authority established pursuant to Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 when that board or authority is currently offering the same services; or
2. Public school-aged persons, except by cooperative agreement with that person's school.
1985, c. 421, §§ 51.01-30, 51.5-30; 2012, cc. 476, 507, 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-169.2. Employment Service Organization Steering Committee; membership; terms

A. The Employment Service Organization Steering Committee (the Committee) is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Committee shall be to report to and advise the Commissioner on policy, funding, and the allocation of funds to employment services organizations for Long-Term Employment Support Services and Extended Employment Services pursuant to § 51.5-169.1.
B. The Committee shall consist of 11 nonlegislative citizen members who shall be appointed as follows: four members to be appointed by the Senate Committee on Rules, two of whom shall be representatives of the Virginia Association of Community Rehabilitation Programs, one of whom shall be a representative of the Virginia Goodwill Network, and one of whom shall be a representative of the Virginia Association of People Supporting Employment First; five members to be appointed by the Speaker of the House of Delegates, two of whom shall be representatives of the Virginia Association of Community Rehabilitation Programs, one of whom shall be a representative of the Virginia Goodwill Network, one of whom shall be a representative of the Virginia Association of People Supporting Employment First, and one of whom shall be an individual who has a family member receiving services in an employment services organization that is eligible to receive funding pursuant to § 51.5-169.1; and two at-large members to be appointed by the Governor. No employee, agent, or representative of the Commonwealth may serve as a member of the Committee.
C. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
No member shall serve more than two consecutive three-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
D. Each year, the Committee shall elect a chairman and a vice-chairman from among its members. Five members of the Committee shall constitute a quorum. The Committee shall meet no more than four times per year.
E. Members shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825.
2019, cc. 851, 852.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-170. Eligibility

The Commissioner shall adopt written standards for determining eligibility for vocational rehabilitation services provided or funded, in whole or in part, by the Department, which ensure that eligibility is determined without regard to sex, sexual orientation, gender identity, race, national origin, religion, or type of impairment of the person applying for services and is determined solely by reference to specific written criteria.
1985, c. 421, §§ 51.01-15 51.5-15; 1992, c. 755; 2012, cc. 803, 835; 2020, c. 1137.