reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-315. Furnishing reports

The local boards shall furnish to the Commissioner and the governing body of its county or city such reports relating to the administration of this title as the Commissioner and such governing body, respectively, may require. The local boards shall furnish such reports relating to the administration of applicable provisions of Chapter 14 (§ 51.5-116 et seq.) of Title 51.5 to the Commissioner for Aging and Rehabilitative Services, as may be required.
Code 1950, §§ 63-67, 63-67.1, 63-67.2; 1950, p. 641; 1954, c. 265; 1968, c. 578, § 63.1-52; 1984, c. 498; 2002, c. 747; 2012, cc. 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-316. Submission of budget to governing bodies

The local boards shall submit annually to the boards of supervisors or city councils of their respective counties and cities a budget, containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this title, and a copy thereof shall be forwarded to the Commissioner, subject to the provisions of § 63.2-205.
Code 1950, § 63-69; 1952, c. 409; 1968, c. 578, § 63.1-54; 1975, c. 368; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-317. Employment of counsel for local boards and employees; payment of expenses

Except in those cases in which the attorney for the Commonwealth or county or city attorney represents the local board, a local board may employ legal counsel in civil matters to give advice to or represent the local board or any of its members or the employees of the local department and may pay court costs and other expenses involved in the conduct of such civil matters from funds appropriated by the local governing body for the administration of the local department. Such counsel may be employed on a part-time basis for any particular action or actions. A local board may employ in-house counsel to provide general legal advice and representation and advice related to specific actions. However, prior approval of the Department shall be obtained by the local board before counsel is employed except in instances where legal counsel is necessary for the provision of services or assistance to eligible recipients under this title.
The Department may reimburse the local board for all or any part of such expenditures at the same rate in effect for all other administrative costs at the time of the expenditure. However, the Department shall not reimburse the local board for any expenses for which payment was available through an insurance policy currently in force.
Where such counsel is employed by the local board, the attorney for the Commonwealth or city attorney or county attorney may be relieved of his responsibility to represent the local board or local department in that matter.
1976, c. 382, § 63.1-54.1; 1977, c. 184; 1985, c. 438; 2002, c. 747; 2014, cc. 122, 536.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-318. Payment of legal fees and expenses for certain local department employees

If any employee of a local department is arrested, indicted or otherwise prosecuted on any criminal charge arising out of an act committed in the discharge of his official duties, and the charge is subsequently terminated by entry of an order of dismissal, or nolle prosequi or upon trial he is found not guilty, the local board by which he is employed may reimburse such employee for all or part of the legal fees and expenses incurred by the employee in defense of such charge. The Department may reimburse the local board all or any part of such expenditures at the same rate in effect for all other administrative costs at the time of the expenditure to the extent that funds are available.
1977, c. 82, § 63.1-54.2; 1985, c. 438; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-319. Child welfare and other services

Each local board shall provide, either directly or through the purchase of services subject to the supervision of the Commissioner and in accordance with regulations adopted by the Board, any or all child welfare services herein described when such services are not available through other agencies serving residents in the locality. For purposes of this section, the term "child welfare services" means public social services that are directed toward:
1. Protecting the welfare of all children including homeless, dependent, or neglected children or children with disabilities;
2. Preventing or remedying, or assisting in the solution of problems that may result in the neglect, abuse, exploitation or delinquency of children;
3. Preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving these problems and preventing the break up of the family where preventing the removal of a child is desirable and possible;
4. Restoring to their families children who have been removed by providing services to the families and children;
5. Placing children in suitable adoptive homes in cases where restoration to the biological family is not possible or appropriate; and
6. Assuring adequate care of children away from their homes in cases where they cannot be returned home or placed for adoption.
Each local board is also authorized and, as may be provided by regulations of the Board, shall provide rehabilitation and other services to help individuals attain or retain self-care or self-support and such services as are likely to prevent or reduce dependency and, in the case of dependent children, to maintain and strengthen family life.
Code 1950, § 63-72.1; 1966, c. 593; 1968, cc. 466, 578, § 63.1-55; 1973, c. 122; 1977, c. 634; 1982, c. 171; 1984, c. 781; 1986, c. 281; 1992, cc. 837, 880; 2002, c. 747; 2023, cc. 148, 149.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-320. Accepting and expending certain funds on behalf of children placed by or entrusted to local board when no guardian appointed; disposition of funds when children discharged

A local board is authorized and empowered to accept and expend on behalf of and for the benefit of any child placed by it where legal custody remains with the parents or guardians, committed or entrusted to its care under §§ 63.2-900 and 63.2-903, when no guardian has been appointed, funds or money paid or tendered as pension, compensation, insurance or other benefit from the U.S. Department of Veterans Affairs or under the Railroad Retirement Act or the old age and survivors' insurance provisions of the Social Security Act, as amended, or funds contributed or paid by parents or other persons for the support of such child, and the local board may, from any such funds received, provide for the current or future maintenance of such child.
Whenever any child is discharged by the local board all such funds held by the local board shall be paid to the child's guardian if such funds exceed $1,000 upon such guardian posting bond as may be required by law, or disbursed in accordance with § 8.01-606, if the sum does not exceed $1,000.
Code 1950, § 63-73.1; 1954, c. 224; 1958, c. 239; 1968, c. 578, § 63.1-57; 1994, c. 865; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-321. Interest in and cooperation for public assistance and social services; directing local director

It shall be the duty of each local board to interest itself in all matters pertaining to the public assistance and social services needed by people of the political subdivision or subdivisions served by the local department, to direct the activities of the local director and to cooperate with the juvenile and domestic relations courts and all other agencies operating for the social betterment of the community.
Code 1950, § 63-72; 1952, c. 409; 1968, c. 578, § 63.1-57.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-322. Conducting hearings, issuing subpoenas, etc.

Local boards in the exercise and performance of their functions, duties and powers under the provisions of this title are authorized to hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents, to administer oaths and to take testimony thereunder.
Code 1950, § 63-74; 1968, c. 578, § 63.1-58; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-323. Emergency payments

In emergency situations or in the event of delay or error in a state issuance of payments for public assistance and social services to eligible recipients, or expenditures for administration and services, emergency payments shall be issued by local boards as authorized by Board regulations. In emergency situations that result from lost or stolen checks, the Department shall assume liability for losses incurred by local boards due to fraudulent acts by recipients; however, the local board shall make diligent efforts to recoup any such lost funds in accordance with Board regulations.
1975, c. 336, § 63.1-58.1; 1978, c. 296; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-324. Local departments of social services

There shall be a local department of social services for each county or city under the supervision and management of a local director. However, two or more counties, cities, or any combination thereof, whether having separate local boards or a district board, may unite to establish a local department of social services and appoint a local director of social services to administer this title in such counties and cities, in which case such local director shall be the local director for each such county and city and the expenses incident to such local department shall be divided in such manner as the respective governing bodies provide by agreement.
Code 1950, §§ 63-75, 63-75.1; 1952, c. 409; 1968, c. 578, § 63.1-59; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-325. Appointment of local directors of social services and local employees

Subject to the personnel standards and regulations of the Board, the local director shall be appointed by the local board, or, where the city charter or statutes relating to special forms of city or county government designate some other appointing authority, then by such other appointing authority, from a list of eligibles furnished by the Commissioner. Subject to the personnel standards, and regulations of the Board, the local boards or other appointing authority shall employ, or authorize the local director to employ, such other employees as may be required by the Commissioner to administer this title in the county or city.
Code 1950, §§ 63-76, 63-77; 1968, c. 578, § 63.1-60; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-326. Service at pleasure of local board or local director

The local director and other employees shall serve at the pleasure of the local board, or other appointing authority, subject to the provisions of the merit system plan as defined in § 63.2-100. If other employees are employed by the local director, they shall serve at the pleasure of the local director, within the provisions of the merit system plan.
Code 1950, § 63-78; 1960, c. 207; 1968, c. 578, § 63.1-61; 1994, c. 82; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-327. Removal by Commissioner

Any local director and any such employee who does not meet the personnel standards established by the Board may be removed by the Commissioner.
Code 1950, § 63-79; 1968, c. 578, § 63.1-62; 1970, c. 721; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-328. Bond

Before entering upon the discharge of his duties, every local director shall enter bond with surety to be approved by the court or judge, in such sum as the court or judge may fix, conditioned upon the faithful discharge of his duties.
Code 1950, § 63-81; 1968, c. 578, § 63.1-64; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-329. Bond of certain employees of local boards

Every employee duly authorized to certify payments to be made or authorized to draw warrants on the treasurer or other fiscal officer shall, before entering upon the discharge of his duties, enter into a bond with surety to be approved by the judge of the circuit court of the county or city in such sum as the judge may fix, conditioned upon the faithful discharge of his duties. However, such sum shall be at least fifteen percent of the annual gross expenditures of the agency less nonrecurring items. The provisions of this section shall not apply in localities when provision for bonding such employees has been made by their governing bodies and the amount of the bonding equals or exceeds the amounts specified in this section.
Code 1950, § 63-81.1; 1956, c. 415; 1968, c. 578, § 63.1-65; 1984, c. 507; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-330. Compensation

The local director and other persons employed to administer the provisions of this title in each county or city shall be paid such compensation by such county or city as shall be fixed by the local board or other appointing authority within the compensation plan provided in the merit system plan. With the approval of the Board and the local governing body, the local board may provide that the local director and such other employees shall be paid compensation in excess of the maximums permitted in the compensation plan. Such excess compensation shall be paid wholly from the funds of such county or city and any federal funds that are available and appropriate for such use.
Code 1950, § 63-82; 1964, c. 359; 1968, cc. 467, 578, § 63.1-66; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-331. Counties with special forms of government

In any county having a special form of government under which the governing body of the county would be the appointing authority of the local board, local director, and local employees, the governing body may, subject to the personnel standards and regulations of the Board, authorize the local board to exercise the powers relating to the employment of the local director and other employees required to administer this title in such county and the fixing of their compensation or authorize the local board to exercise such powers insofar as they relate to the local director and the local director to exercise such powers insofar as they relate to other employees required to administer this title in such county.
Code 1950, § 63-85; 1954, c. 573; 1968, c. 578, § 63.1-67; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-332. Powers and duties of local directors

The local director shall be the administrator of the local department and shall serve as secretary to the local board. Under the supervision of the local board, unless otherwise specifically stated, and in cooperation with other public and private agencies, the local director, in addition to the functions, powers and duties conferred and imposed by other provisions of law, shall have the powers and perform the duties contained in this title.
The local director shall designate nonattorney employees who are authorized to (i) initiate a case on behalf of the local department by appearing before an intake officer or (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, or motions for a rule to show cause.
Code 1950, § 63-87; 1968, c. 578, § 63.1-67.1; 1972, c. 73; 2002, c. 747; 2016, c. 704.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-333. Agent of Commissioner

The local director shall act as agent for the Commissioner in implementing the provisions of federal and state law and regulation.
Code 1950, § 63-91; 1968, c. 578, § 63.1-67.3; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-334. Cooperation with private agencies

The local director shall foster cooperation between all public and private charitable and social agencies in the county or city to the end that public resources may be conserved and the social services needs of the county or city be adequately met.
Code 1950, § 63-97; 1968, c. 578, § 63.1-67.5; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-335. Keeping records

The records of the cases handled and business transacted by the local department shall be kept in such manner and form as may be prescribed by the Board.
Code 1950, § 63-98; 1968, c. 578, § 63.1-67.6; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 3 - Local Social Services › § 63.2-336. Annual report

At the request of the local governing body, the local director shall each year prepare and keep on file a full report of the local department's work and proceedings during the year. If such request is made, one copy of such report shall be filed with the local governing body and another with the Board.
Code 1950, § 63-99; 1968, c. 578, § 63.1-67.7; 1976, c. 214; 1978, c. 146; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-400. Local appropriation

The governing body of each county and city shall each year appropriate sums of money sufficient to provide for the payment of public assistance and to provide social services, including cost of administration, under the provisions of Subtitles II and III of this title, within such county or city. Such governing bodies may also appropriate sums of money sufficient to provide for the full range of public assistance and social services for children and adults as may be required by federal legislation for reimbursement thereunder. The respective governing bodies of the counties and cities shall also appropriate sums of money as shall be sufficient to provide for the foster care of children in the custody or under the supervision of the local boards.
Code 1950, § 63-105; 1956, c. 641; 1958, c. 388; 1968, cc. 578, 666, § 63.1-91; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-402. Reimbursement of the Commonwealth by local board

If any county or city through its appropriate authorities or officers fails or refuses to provide reimbursement of the Commonwealth, the Board shall authorize and direct the Commissioner to file at the end of each month with the State Comptroller and with the local governing body of such county or city a statement showing all disbursements and expenditures, including administrative expenditures, made for and on behalf of such county or city, and the Comptroller shall from time to time as such funds become available deduct from the funds appropriated by the Commonwealth, in excess of requirements of the Constitution of Virginia, for distribution to such county or city amounts required to reimburse the Commonwealth for expenditures incurred under the provisions of this section. All funds so deducted and transferred are hereby appropriated for the purposes set forth, and shall be expended and disbursed as provided in § 63.2-403. Any county or city may provide such other necessary or incidental social or rehabilitative services as may be authorized by the Board in connection therewith.
1974, c. 488, § 63.1-92.1; 1984, c. 781; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-403. Expenditures by Department

A. Appropriations made to the Department by the General Assembly for carrying out the provisions of Subtitles II and III of this title, including funds received from the United States and other sources for such purpose, shall be used for the following purposes:
1. Paying such reasonable portion of the per diem and expenses of the members of the Board, the expenses of the Commissioner, the salaries and remuneration of agents and employees of the Board and of the Commissioner, as shall be chargeable for the administration of Subtitles II and III of this title;
2. Paying all costs and expenses incurred by the Board and the Commissioner in the administration of Subtitles II and III of this title;
3. Reimbursing the counties and cities to the extent provided in § 63.2-401;
4. Paying public assistance to eligible recipients, and expenditures for social services and administration, in the event the Board adopts regulations to provide for state issuance of any or all of such payments;
5. Paying to the United States, for so long as such payment shall be required as a condition for financial participation by the United States in any public assistance or social services program its proportionate share of the net amounts collected by local boards from recipients and estates of recipients; and
6. Paying to the Social Security Administration the cost of administering state supplementation of the Supplemental Security Income program if the Commonwealth agrees to such federal administration.
B. Expenditures and disbursements of all amounts appropriated for the foregoing purposes shall be made by the State Treasurer on warrants of the Comptroller issued with the approval of the Commissioner.
Code 1950, §§ 63-109, 63-111; 1956, c. 608; 1968, c. 578, § 63.1-93; 1970, c. 602; 1974, cc. 44, 45, 488, 503; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-404. Expenses of Auditor of Public Accounts, Comptroller and State Treasurer

All expenses incurred by the Auditor of Public Accounts in auditing the books, records and accounts of the Board and the Commissioner, and in rendering other services to them and all expenses incurred by the Comptroller and the State Treasurer in performing the services required by or under Subtitles II and III of this title, may be treated as administrative expenses of the Department, and paid as such.
Code 1950, § 63-112; 1968, c. 578, § 63.1-95; 1984, c. 498; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-405. Provisions for determination of eligibility for medical care and medical assistance; provision of social services; regulations

A. The Commissioner shall, in compliance with the state plan for medical assistance services, applicable regulations of the Board and other state and federal law, provide for the determination of eligibility for medical care and medical assistance and social services required for (i) state participation under Public Law 97 of the 89th Congress of the United States, approved July 30, 1965, as amended, and regulations of the Department of Health and Human Services; and (ii) other state and federal programs. The Commissioner, subject to the state plan for medical assistance services, applicable regulations of the Board and other state and federal law, may establish policies, in the form of guidance documents, necessary to implement such functions, including safeguarding information concerning applicants and recipients. An application for medical assistance services for a person admitted to a State Veterans Care Center located in the Commonwealth may be filed and processed in the jurisdiction where such Care Center is located.
B. The Commissioner for Aging and Rehabilitative Services shall provide for the determination of eligibility for participation in the Auxiliary Grant Program set forth in Article 9 (§ 51.5-159 et seq.) of Chapter 14 of Title 51.5.
1970, c. 721, § 63.1-97.1; 1974, cc. 44, 45; 1984, c. 498; 1996, c. 511; 2002, c. 747; 2004, c. 305; 2012, cc. 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-406. Authority of Board upon amendments of the Social Security Act or regulations of the Department of Health and Human Services

In the event the Social Security Act or other statutes or regulations adopted by the Department of Health and Human Services are amended to change requirements to entitle the Commonwealth to federal grants or reimbursement for public assistance payments and expenditures for social services, the Board may by regulation adopt such standards, requirements and procedures that would bring the public assistance and social services programs into compliance with the federal requirements so as not to interfere with, diminish or jeopardize the Commonwealth's entitlement to federal grants or reimbursement for public assistance payments or expenditures for social services.
If federal statutes or regulations are amended to permit funds appropriated by Congress to be used for public assistance to or social services for any persons eligible for assistance under §§ 63.2-319 and 63.2-802, the Board may, pursuant to the provisions of § 63.2-217, make applicable such provisions of Subtitles II and III of this title as the Board finds necessary to enable the Commonwealth to receive reimbursement for such public assistance and social services. The Board may also by regulation define eligibility within the limitations of § 63.2-802 of persons to receive public assistance or social services under any amendments of the Social Security Act or other statutes. It is the purpose of this section to enable the Commonwealth to meet the requirements for federal reimbursement of public assistance or social services to persons who are eligible for public assistance or social services under Subtitles II and III of this title or who may be eligible under amendments of the Social Security Act.
Code 1950, § 63-220.1; 1950, p. 958; 1968, c. 578, § 63.1-98; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-407. Necessary or incidental public assistance or social services

With respect to general relief, foster care for children and auxiliary grants for the aged, disabled or blind, any county or city may provide such other necessary or incidental public assistance or social services as may be authorized by the Board.
Code 1950, §§ 63-135, 63-140.12, 63-157, 63-199; 1960, c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 668, § 63.1-122; 1970, c. 721; 1974, c. 504; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-408. When a locality fails to provide public assistance or social services; deductions by Comptroller; social services; withholding payments

If any county or city, through its appropriate authorities or officers fails or refuses to provide public assistance or social services in accordance with the provisions of Subtitles II and III of this title, the Board through appropriate proceedings shall require such authorities and officers to exercise the powers conferred and perform the duties imposed by Subtitles II and III.
For so long as the failure or refusal to provide for the public assistance or social services continues, the Board shall authorize and direct the Commissioner under regulations of the Board to provide for the payment of public assistance or the furnishing of social services in such county or city out of funds appropriated for the purpose of carrying out the provisions of Subtitles II and III of this title. In such event, the Commissioner shall at the end of each month file with the State Comptroller and with the local governing body of such county or city a statement showing all disbursements and expenditures, including administrative expenditures, made for and on behalf of such county or city, and the Comptroller shall from time to time as such funds become available deduct from funds appropriated by the Commonwealth, in excess of requirements of the Constitution of Virginia, for distribution to such county or city amounts required to reimburse the Commonwealth for expenditures incurred under the provisions of this section. All such funds so deducted and transferred are hereby appropriated for the purposes set forth, and shall be expended and disbursed as provided in § 63.2-403. If at any time a locality fails to operate public assistance programs or social service programs in accordance with state laws or regulations or fails to provide the necessary staff for the implementation of such programs, the Board may authorize and direct the Commissioner, under regulations of the Board, to withhold from such locality the entire reimbursement for administrative expenditures or a part thereof for the period of time the locality fails to comply with state laws or regulations.
Code 1950, §§ 63-26, 63-135, 63-136, 63-140.12, 63-140.13, 63-157, 63-158, 63-199, 63-200; 1960, c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 668, 670, §§ 63.1-122, 63.1-123; 1970, c. 721; 1974, cc. 491, 504; 1975, cc. 176, 438; 1984, c. 781; 1990, c. 537; 1995, cc. 770, 818; 1999, c. 854; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-409. No lien to attach to property of applicant or recipient; release of existing unforeclosed liens

No lien in favor of the Commonwealth or any of its political subdivisions shall be claimed against, levied or attached to the real or personal property of any applicant for or recipient of public assistance or social services as a condition of eligibility therefor or to recover such aid following the death of such applicant or recipient except applicants for or recipients of long-term care nursing facility benefits paid for by the Department of Medical Assistance Services. However, this section shall not bar any action by the Commonwealth or a local department that seeks reimbursement for part or all of the costs incurred by the Commonwealth or local department for care and maintenance provided to an applicant of the Federal Supplemental Security Income program during the application period when such applicant becomes eligible for the program retroactive to the date of application. In addition, this section shall not be construed to bar any action by the Commonwealth or a local department that seeks reimbursement for public assistance paid through the Temporary Assistance for Needy Families or refugee programs while the family attempts to dispose of real property which together with other resources causes its total resources to be in excess of the state's allowable reserve.
1970, c. 753, § 63.1-133.1; 1977, c. 83; 1985, c. 293; 1993, cc. 953, 989; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-410. State pool of funds under the Children's Services Act

The General Assembly and the governing body of each county and city shall appropriate such sum or sums of money for use by the community policy and management teams through the state pool of funds established in Chapter 52 (§ 2.2-5200 et seq.) of Title 2.2 as shall be sufficient to provide basic foster care services for children who are identified as being at risk, as determined by policy developed by the Board, or who are under the custody and control of the local board. The local governing body of each county and city shall appropriate such sums of money as necessary for the purchase of such other essential social services to children and adults under such conditions as may be prescribed by the Board in accordance with federally reimbursed public assistance and social service programs.
Code 1950, § 63-72.1; 1966, c. 593; 1968, cc. 466, 578, § 63.1-55; 1973, c. 122; 1977, c. 634; 1982, c. 171; 1984, c. 781; 1986, c. 281; 1992, cc. 837, 880; 2002, c. 747; 2015, c. 366.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-411. Construction and operation of children's residential facilities

Subject to approval by the Governor, a local board is authorized and empowered (i) to operate, construct, purchase, renovate or enlarge children's residential facilities for children who are in the custody of such local board by reason of commitment, voluntary entrustment or temporary detention order or (ii) to contract for such services from other counties or cities operating such facilities or from individuals or private corporations whose facilities are licensed by the appropriate state agency. The cost of maintaining children in such facilities through purchase of service contracts shall be established in accordance with regulations of the Board. Any moneys paid by a local board of a county or city to another county or city for services purchased pursuant to this section shall be applied by that county or city to the establishment and operation of such children's residential facilities. Children's residential facilities established pursuant to the provisions of this section shall meet standards prescribed by the Board.
Within the limits of appropriations of state funds, the Department shall reimburse the local board one half the actual cost of the construction, purchase, renovation or enlargement of each such facility. The Commonwealth shall reimburse the local board for administrative costs of operations of such facilities, including the entire reasonable cost of food, medicines, disinfectants, beds and bedding, utilities, equipment and service maintenance, transportation, staff salaries and fringe benefits, insurance and other necessary supplies in accordance with the provisions of § 63.2-401.
In the event that a local board requests and receives financial assistance for the costs of the local share of the construction, purchase, renovation or operation of children's residential facilities for children who are in the custody of such local board from any source other than reimbursement provided pursuant to this section, the total financial assistance and reimbursement shall not exceed the total cost of construction, purchase, renovation or operations, and such funds shall not be considered state funds.
1973, c. 383, § 63.1-56.1; 1974, cc. 44, 45; 1977, c. 571; 1978, c. 293; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 4 - Funding of Public Assistance and Social Services › § 63.2-412. Assistance to needy persons engaged in work or training programs; costs of administration of such programs

Notwithstanding any other provisions of law, the Commissioner is authorized, subject to the approval of the Board, to initiate and administer a program providing for payments to or in behalf of needy persons engaged in work or training programs. Such payments may be made by transfer of funds to an appropriate agency administering a work or training program. The Commissioner is also authorized to pay all costs incurred in the administration of such programs from funds appropriated for such purposes.
Code 1950, § 63-5.3; 1968, c. 331, § 63.1-5.1; 1974, cc. 44, 45; 1981, c. 21; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-500. Definitions

For purposes of this subtitle, unless the context otherwise clearly requires:
"Agreement" means the written individualized agreement of personal responsibility required by this chapter.
"Case manager" means the worker designated by the local department, a private-sector contractor or a private community-based organization including nonprofit entities, churches, or voluntary organizations that provide case management services.
"Intensive case management" means individualized services provided by a properly trained case manager.
1994, cc. 858, 951, § 63.1-133.42; 1995, c. 450; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-501.1. Application for public assistance; accurate contact information; authorized disclosures

A. Every local department shall obtain accurate contact information from each applicant for public assistance, which shall include the best available address and telephone number of the applicant. Local departments shall also obtain alternative contact information, such as the applicant's email address and cell phone number, and the applicant's preferred method of contact, including direct mail, email, text message, or phone call.
B. To the extent required by federal law and regulations, recipients of public assistance shall notify the local department of any change in address or telephone number within 30 days of such change, and the local department shall update any records maintained by the local department to reflect the change in the recipient's contact information.
C. Contact information received and maintained by local departments shall be confidential and shall not be disclosed except as required pursuant to § 63.2-102. However, information related to any application for or receipt of medical assistance services pursuant to § 32.1-325 may be disclosed for purposes directly connected to administration of the state plan for medical assistance services pursuant to § 1902(a)(7) of the Social Security Act.
2012, c. 367; 2017, c. 472.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-502. False application or false swearing; penalty

Any person who knowingly makes any false application for public assistance or who knowingly swears or affirms falsely to any matter or thing required by the provisions of this title or as to any information required by the Commissioner, incidental to the administration of the provisions of this title, to be sworn to or affirmed, shall be guilty of perjury and, upon conviction therefor, shall be punished in accordance with the provisions of § 18.2-434.
1975, c. 585, § 63.1-107.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-503.1. Legal presence required for public assistance; exceptions; proof of legal presence

A. In addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance pursuant to this subtitle, except for state or local public assistance that is mandated by Federal Law pursuant to 8 U.S.C. § 1621.
B. In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is 19 years of age or older shall provide affirmative proof that he is a U.S. citizen or is legally present in the United States. Such affirmative proof shall consist of documentary evidence as required pursuant to § 46.2-328.1 or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide such affirmative proof; however, such person upon reaching the age of 19 years shall comply with the provisions of this section.
An applicant who cannot provide proof that he is a citizen or legally present at the time of application shall sign an affidavit under oath attesting that he is a U.S. citizen or legally present in the United States in order to receive temporary benefits as provided in this section. The affidavit shall be on or consistent with forms prepared by the Commissioner, and shall be subject to and include an explanation of the provisions of § 63.2-502 relating to penalties for knowingly providing false information on a public document. The agency shall report in writing to the appropriate attorney for the Commonwealth those who are determined to have falsely attested to lawful presence.
Once an applicant has provided the sworn affidavit required by this subsection, he shall be eligible to receive temporary benefits for either:
1. Ninety days or until such time that it is determined that he is not legally present in the United States, whichever is earlier, or
2. Indefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued in accordance with § 32.1-259 or 32.1-260 or any substantially similar law of another state, the District of Columbia, or United States territory or commonwealth. Such extension shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.
C. The provisions of subsection B shall not apply to persons applying for benefits exempted by subsection A of this section and subsection A of § 32.1-325.03.
2005, cc. 867, 876.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-504. Decision of local department that applicant entitled to public assistance

Upon completion of the investigation, the local department shall determine whether the applicant is eligible for public assistance under this subtitle, and, if eligible, the amount of such public assistance and the date upon which such public assistance shall begin. If the local department approves the payment of public assistance, such public assistance shall thereupon, until changed, modified, or revoked, be paid as hereinafter provided.
Code 1950, §§ 63-118, 63-144, 63-182, 63-208; 1968, cc. 578, 781, § 63.1-109; 1974, c. 422; 2002, c. 747; 2015, c. 513.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-505.1. Transitional food stamp benefits

To the extent permitted by federal law, the Department shall provide transitional food stamp benefits for a period of not more than five months after the date on which Temporary Assistance for Needy Families (TANF) cash assistance is terminated. However, no household shall be eligible for transitional food stamp benefits if TANF cash assistance was terminated because all children in the assistance unit were removed from the home as a result of a child protective services investigation.
2005, c. 463.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-505.2. Eligibility for food stamps; drug-related felonies

A person who is otherwise eligible to receive food stamp benefits shall be exempt from the application of § 115(a) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony.
2005, c. 576; 2020, cc. 221, 361.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-506. Public assistance not transferable or subject to execution

Except as provided in § 63.2-512, no public assistance given under this subtitle shall be transferable or assignable, at law or in equity, and none of the money paid or payable as public assistance under this subtitle shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency laws.
Code 1950, § 63-102; 1968, c. 578, § 63.1-88; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-507. Personal representatives for recipients of public assistance funds

A. If any otherwise qualified applicant for, or recipient of, benefits accruing under the provisions of this subtitle is or shall become unable to manage the funds accruing thereunder, or otherwise fails so to manage, to the extent that deprivation or hazard to himself or others results, or, in the case of Temporary Assistance for Needy Families, the benefits are not being used for the children, a petition may be filed by the local director of the county or city wherein the applicant or recipient resides, in any court of that county or city having jurisdiction in fiduciary matters for the appointment of a personal representative not an employee of the local department, for the purpose of receiving and managing any such payments accruing thereunder for any such recipient or payee. The petition shall allege one or more of the above grounds for the appointment of such representative.
B. The court shall summarily order a hearing on the petition and shall cause the applicant, recipient, or payee to be notified at least five days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury. The court may require the local director to furnish a report containing any information necessary and this report shall remain confidential. Reports and findings of fact under this section shall not be competent as evidence in any proceeding dealing with any subject matter other than provided in this section.
C. If the court finds that the applicant, recipient, or payee is unable to manage such payments, or otherwise fails so to manage, to the extent that deprivation or hazard to himself or others results, or, in the case of Temporary Assistance for Needy Families, the payment is not being used for such child or children, the court may enter an order stating its findings and appointing some responsible person, not an employee of the local department, as personal representative of the applicant, recipient or payee for the purpose set forth herein.
D. The court may in its discretion at the time of the appointment or subsequently require the personal representative to give bond to assure the faithful performance of the duties required. An accounting by the personal representative shall be made at least annually and the court may require additional accounting at such intervals as may be deemed necessary. Failure to render such accounts and to account satisfactorily for all proceeds received shall be sufficient cause for the removal of the personal representative. The personal representative may be removed by the court upon the petition of the local director and another such representative may be appointed. No court costs shall be assessed in proceedings under this section; however, when the accruing benefits exceed $500 per year per applicant or recipient, the clerk of the court shall assess a fee of $5.
Code 1950, § 8-750.1; 1962, c. 418; 1972, c. 73; 1975, c. 118; 1977, c. 624, § 63.1-88.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-508. Fees for representing applicant or recipient

No person shall make any charge or receive any fees for representing an applicant for or recipient of public assistance with respect to his application or request for increased assistance prior to a determination thereon by the local board, whether such fee or charge is paid by the applicant or recipient or any other person.
Code 1950, § 63-103; 1968, cc. 466, 578, § 63.1-89; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-509. Public assistance subject to amendment or repeal of laws

All public assistance granted under this subtitle shall be deemed to be granted and to be held subject to the provisions of this subtitle and any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of his public assistance being affected in any way by any amending or repealing act.
Code 1950, § 63-104; 1968, c. 578, § 63.1-90; 2002, c. 747.