reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1936. Procedures for posting security, bond or guarantee to secure payment of overdue support

The Department shall require, if feasible and consistent with guidelines established by the Department, that the noncustodial parent post security or bond or give some guarantee to secure overdue payments. Advance notice shall be sent to the noncustodial parent setting forth (i) the amount of the delinquency, (ii) the proposed action to be taken by the Department, (iii) the method available for contesting the impending action and (iv) that only a "mistake of fact" as defined in § 63.2-1900 may be contested.
1986, c. 594, § 63.1-250.4; 1988, c. 906; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1938. Commissioner may release lien or order or return seized property

The Commissioner may at any time release a support lien, or order to withhold and deliver, on all or part of the property of the debtor, or return seized property without liability, if assurance of payment is deemed adequate by the Commissioner, or if such action will facilitate the collection of the debt, but such release or return shall not operate to prevent future action to collect from the same or other property.
1974, c. 413, § 63.1-265; 1976, c. 357; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1939. Commissioner may make demand, file and serve liens, when payments appear in jeopardy

If the Commissioner finds that the collection of any support debt based upon subrogation to or authorization to enforce the amount of support ordered by any court order or decree of divorce is in jeopardy, he may make demand under § 63.2-1916 for immediate payment of the support debt. Upon failure or refusal immediately to pay such support debt, he may file and serve liens pursuant to §§ 63.2-1927 and 63.2-1928, without regard to the ten-day period provided for in § 63.2-1916. However, no further action under §§ 63.2-1929, 63.2-1933 and 63.2-1934 may be taken until the notice requirements of § 63.2-1916 are met.
1974, c. 413, § 63.1-266; 1976, c. 357; 1988, c. 906; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1940. Reporting payment arrearage information to consumer credit reporting agencies

The Division of Child Support Enforcement shall provide support payment arrearage information on noncustodial parents, as defined in § 63.2-100, to consumer credit reporting agencies. Advance notice shall be sent to the noncustodial parent of the proposed release of arrearage information. The notice shall include information on the procedures available to the noncustodial parent for contesting the accuracy of the arrearage information.
1988, c. 906, § 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665; 1997, cc. 796, 895; 2001, c. 573; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1940.1. Publishing a most wanted delinquent parent list; coordinated arrests

The Division of Child Support Enforcement shall (i) publish at regular intervals a list of the most wanted delinquent parents as determined by the Commissioner together with arrearage information and other identifying information, including but not limited to, a photograph, occupation and last known address for the purpose of locating such delinquent parents and (ii) periodically conduct coordinated arrests of delinquent parents in conjunction with state and local criminal justice agencies pursuant to § 16.1-278.16.
2003, cc. 929, 942.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1941. Additional enforcement remedies

In addition to its other enforcement remedies, the Division of Child Support Enforcement is authorized to:
1. Attach unemployment benefits through the Virginia Employment Commission pursuant to § 60.2-608 and workers' compensation benefits through the Workers' Compensation Commission pursuant to § 65.2-531; and
2. Suspend an individual's driving privileges pursuant to § 46.2-320.1.
2002, c. 747; 2012, c. 829; 2020, cc. 1227, 1246.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1942. Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to debtor; set-off debt collection

The Commissioner may delegate authority to conduct any administrative hearing pursuant to this chapter to a duly qualified hearing officer. The hearing shall be held upon reasonable notice to the obligee and the debtor. In no event shall such hearing officer be legally competent to render a decision as to the validity of a court order or a defense of nonpaternity. A decision of the hearing officer shall be in writing and shall set forth the debtor's and payee's rights to appeal the decision of the hearing officer to the appropriate circuit or juvenile and domestic relations district court. The decision shall be served upon the debtor in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329, mailed to the debtor at his last known address by certified mail, return receipt requested, or provided by electronic means, or the debtor may waive service of the decision at the time of the decision. A copy of such decision shall also be provided to the obligee. Such decision shall establish the liability of the debtor, if any, and the validity of the administrative action taken.
Action by the Commissioner under the provisions of this chapter to collect such support debt shall be valid and enforceable during the pendency of any appeal. The Commissioner may file and serve liens pursuant to §§ 63.2-1927 and 63.2-1928 during the pendency of the hearing or thereafter, whether or not appealed. Further action under § 63.2-1929 may be taken prior to any hearing or appeal. If the decision is in favor of the debtor, all money collected during the pendency of the appeal shall be returned to the debtor in accordance with procedures adopted by the Board.
1985, c. 488, § 63.1-267.1; 1986, c. 476; 1987, c. 640; 1988, c. 906; 1990, c. 896; 2002, c. 747; 2016, c. 29.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1943. Appeal from decision of hearing officer

An appeal may be taken by filing a written notice of appeal with the clerk of the court having proper jurisdiction to review the decision of the hearing officer. The clerk shall send reasonable notice of such appeal, which shall include the date and time of the hearing, to the appellee or to the Department when, at the request of another state's child support agency, it is acting on behalf of a nonresident obligee. A nonresident obligee for whom the Department is acting is not required to appear at the hearing. Evidence relative to the support obligation may be taken from a nonresident obligee by deposition and presented by the Department at the hearing. Such appeal shall be taken within ten days of receipt of the hearing officer's decision.
From the decision of the hearing officer provided for in clause (iii) of subsection B of § 63.2-1924, and §§ 63.2-1916, 63.2-1929, and 63.2-1942 there shall be an appeal de novo to the juvenile and domestic relations district court of the jurisdiction wherein the appellant resides. If the appellant is a nonresident, venue on appeal shall be where the appellee resides. If both the appellant and the appellee are nonresidents, venue shall be where the property of the obligor is located or where the place of business of the obligor's employer is located; if more than one venue is available, then the appellant shall elect the place of venue.
An appeal shall be to the circuit court with respect to determinations under the Setoff Debt Collection Act pursuant to Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 concerning state income tax overpayments and with respect to federal income tax set-off actions.
1984, c. 652, § 63.1-268.1; 1987, c. 640; 1988, c. 906; 1990, c. 896; 1991, c. 183; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1944. Employee debtor rights protected; limitation

No employer shall discharge an employee or terminate a contract with an independent contractor solely for reason that a voluntary assignment of earnings under § 63.2-1945 has been presented in settlement of a support debt or that a support lien or order to withhold and deliver has been served against such employee's or independent contractor's earnings or income.
1974, c. 413, § 63.1-271; 1976, c. 357; 1977, c. 662; 1985, c. 488; 1986, c. 594; 2002, c. 747; 2020, c. 722.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1945. Assignment of earnings to be honored; inapplicability of § 40.1-31

Any person, firm, corporation, association, political subdivision or department of the Commonwealth employing a person owing a support debt or obligation, shall honor an assignment of earnings to satisfy or retire a support debt or obligation of such person when ordered by the Commissioner by a payroll deduction order conforming to § 20-79.3. The rights and obligations of employees with respect to an order issued pursuant to this section are set out in § 20-79.3. Payment of moneys pursuant to an assignment of earnings presented by the Commissioner shall serve as full acquittance under any contract of employment, and the Commonwealth warrants and represents that it shall defend and hold harmless such action taken pursuant to such assignment of earnings. The Commissioner shall be released from liability for improper receipt of moneys under an assignment of earnings upon return of any moneys so received.
Any assignment of earnings presented under this section shall not be subject to the requirements set forth in § 40.1-31.
1974, c. 413, § 63.1-272; 1976, c. 357; 1980, c. 243; 1983, c. 481; 1984, c. 626; 1990, c. 896; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1947. Assistance by Office of the Attorney General

The attorney for the Commonwealth or other attorney who has responsibility for representing a local department and local board may, with the prior consent of the Attorney General, obtain the assistance of the Office of the Attorney General in the conduct of litigation arising under this chapter.
1988, c. 906, § 63.1-274.8; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1948. Payment by Department for legal services

Notwithstanding any provision of §§ 2.2-2814, 2.2-2815, 2.2-2816, 2.2-2823, 2.2-2824, 2.2-2825 or § 2.2-2826 to the contrary, whenever there shall be authorized by law an attorney for the Commonwealth, the Department may contract with the county or city or combination thereof for whom such attorney for the Commonwealth is authorized regarding the payment by the Department of the salary, expenses, including secretarial services, and allowances or part thereof of such attorney, as shall be approved by the Compensation Board, for the entire time devoted to these duties. Any such contract may provide that the county, city or combination thereof shall pay such salary, expenses and allowances and that the Department shall reimburse such county or city therefor. The amount of such salary, expenses and allowances shall be set by the Compensation Board as provided by law.
Whenever there is in any county or city a county attorney or city attorney whose duties consist of legal services with respect to the provisions of this chapter, the Department may contract with such county or city regarding the duties of such county or city attorney and regarding payment by the Department of the salary, expenses, including secretarial services, and allowances or part thereof of such attorney for the time devoted to these duties. Any such contract may provide that the county or city shall pay such salary, expenses and allowances and that the Department shall reimburse such county or city therefor.
1988, c. 906, § 63.1-274.9; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1949. Authority of city, county, or attorney for the Commonwealth to represent the Department

In order to carry out the responsibilities of the Department imposed under this chapter, any city or county attorney is authorized to represent the Department in any civil proceeding necessary for the establishment, modification, enforcement, or collection of support obligations and any attorney for the Commonwealth is authorized to represent the Department in any civil or criminal proceeding necessary for the establishment, modification, enforcement, or collection of support obligations.
1988, c. 906, § 63.1-274.4; 1990, c. 85; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1950. Child support enforcement privatized legal services

The Attorney General shall provide and supervise legal services to the Division of Child Support Enforcement in child support enforcement cases to establish, obligate, enforce and collect child support. In addition to other methods of providing legal services as may be authorized by law, the Attorney General may contract with private attorneys to provide such services as special counsel pursuant to § 2.2-510 or to conduct programs to evaluate the costs and benefits of the privatization of such legal services. The compensation for such special and private counsel shall be paid out of funds received by the Division of Child Support Enforcement as provided by state and federal law and such reasonable attorney's fees as may be recovered. The Attorney General may also use collection agencies as may be necessary and cost-effective to pursue fully the recovery of all costs and fees authorized by § 63.2-1960 in proceedings to enforce child support obligations.
1996, c. 1054, § 63.1-249.1; 1998, cc. 494, 499; 2002, cc. 262, 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1951. Interest on support payments collected

The Department shall pay interest to the payee as provided in this section on certain spousal or child support payments it collects which have been ordered by a court or established by administrative order to be paid to or through the Department to the payee and for which the Department has an assignment of rights or has been given an authorization to seek or enforce a support obligation as those terms are defined in §§ 63.2-100 and 63.2-1900. Such interest shall accrue, at the legal rate as established by § 6.2-301, on all support payments collected by the Department and paid to the payee more than thirty days following the end of the month in which the payment was received by the Department in nonpublic assistance cases. Interest shall be charged to the Department on such payments if the Department has an established case and if the obligor or payor provides identifying information including the Department case number or the noncustodial parent's name and correct social security number.
1987, c. 609, § 63.1-250.1:1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1952. Interest on debts due

Interest at the judgment interest rate as established by § 6.2-302 on any arrearage pursuant to an order being enforced by the Department pursuant to this chapter shall be collected by the Commissioner except in the case of a minor obligor during the period of his minority. The Commissioner shall maintain interest balance due accounts. In accordance with § 63.2-1908.1, the Commissioner may compromise interest on debt owed to the Commonwealth for reimbursement of public assistance paid.
1974, c. 413, § 63.1-267; 1976, c. 357; 1995, c. 483; 2002, c. 747; 2015, c. 506.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1953. Disposition of funds collected as debts to Department

Funds collected as a debt to the Department pursuant to the provisions of this chapter shall be placed in a special fund of the Department for use in the enforcement of the provisions of this chapter.
1975, c. 302, § 63.1-251.1; 1988, c. 906, § 63.1-274.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1954. Distribution of collection

Support payments received by the Department pursuant to one or more judicial or administrative orders, or a combination thereof, shall be allocated among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department shall prorate the payments on the basis of any amounts due for current support under each such order. Upon satisfaction of any amounts due for current support, the Department shall prorate the remainder of the payments on the basis of accrued arrearages owed to the obligees under each such order. Payments received pursuant to federal tax refund offset shall be allocated pursuant to subsection h of 45 C.F.R. § 303.72.
All support payments received by the Department shall be distributed to the obligee within two business days of receipt, provided that sufficient information accompanies the payment or is otherwise available to the Department within that time to identify the obligee and the place to which distribution should be made. The term "business day" means any day that is not a Saturday, Sunday, legal holiday or other day on which state offices are closed.
1992, c. 199, § 63.1-251.2; 1997, c. 562; 2002, c. 747; 2015, c. 52.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1955. Distribution of collections from federal tax refund offsets

Distribution of amounts collected by the Department as a result of an offset made under the Federal Tax Refund Offset Program (P.L. 97-35, as amended) to satisfy non-TANF past-due support from a federal tax refund based upon a joint return shall be made when the Department is notified that the unobligated spouse's proper share of the refund has been paid or 180 days following receipt of the offset, whichever is earlier. The Department shall establish procedures for the prompt refund of any incorrect offset amounts and the compensation of unobligated spouses for the payment of their shares to obligees.
1997, c. 653, § 63.1-251.4; 1998, c. 781; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1956. Release of excess funds to debtor

Whenever any person, firm, corporation, association, political subdivision or department of the Commonwealth has in its possession earnings, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department plus $100, such person, firm, corporation, association, political subdivision or department of the Commonwealth may, without liability under this chapter, release such excess to the debtor.
1974, c. 413, § 63.1-259; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1957. Unidentifiable moneys held in special account

All moneys collected in fees, costs, attorney fees, interest payments, or other funds received by the Commissioner which are unidentifiable as to the support account against which they should be credited, shall be held in a special fund from which the Commissioner may make disbursement for any costs or expenses incurred in the administration or enforcement of the provisions of this chapter.
1974, c. 413, § 63.1-269; 1976, c. 357; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1958. Charging off support debts as uncollectible

Any support debt due the Department pursuant to § 63.2-1908 that the Commissioner deems uncollectible may be transferred from accounts receivable to a doubtful account, cease to be accounted as an asset, and discharged from its records.
1974, c. 413, § 63.1-270; 1975, c. 596; 1976, c. 357; 1988, c. 906; 1992, c. 716; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1959. Department exempt from fees

No filing or recording fees, court fees, or fees for service of process shall be required from the Department by any clerk, auditor, sheriff or other local officer for the filing of any actions or documents authorized by this chapter or, for the service of any summons or other process in any action or proceeding authorized by this chapter.
1988, c. 906, § 63.1-274.7; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 19 - Child Support Enforcement › § 63.2-1960. Recovery of certain fees and costs

The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, reasonable attorneys' fees. All such fees recovered in proceedings to collect child support arrearages shall be retained by the Department in a special fund for the support of the Division of Support Enforcement. The Department shall also have the authority to assess and recover costs in such cases. However, the Department shall not be entitled to recover attorneys' fees or costs in any case in which the noncustodial parent prevails.
The Department shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department by the provider of genetic testing services.
The Department shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent. The intercept programs' costs shall be set at the rate actually charged the Department.
The Department shall have the authority to assess and recover the actual costs of fees for service of process, and seizure and sale pursuant to a levy on a judgment in enforcement actions from the noncustodial parent.
The fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.
1991, c. 390, § 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896; 2002, c. 747; 2005, c. 880.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 21 - Family and Children's Trust Fund › § 63.2-2100. Family and Children's Trust Fund; public purpose; exempt from taxation

A. There is hereby created the Family and Children's Trust Fund (the Trust Fund). The exercise of powers granted under this chapter shall be in all respects for the benefit of the citizens of the Commonwealth and for the support and development of services for the prevention and treatment of child abuse and neglect and violence within families. This goal shall be achieved through public and private collaboration.
B. The Trust Fund will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. Gifts, contributions, grants, devises, and bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund, shall be deemed to be gifts to the Commonwealth, which shall be exempt from all state and local taxes, and shall be regarded as the property of the Commonwealth for the purposes of all tax laws.
1986, c. 416, § 63.1-326; 2002, c. 747; 2012, cc. 803, 835; 2016, cc. 110, 627.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 21 - Family and Children's Trust Fund › § 63.2-2101. Members of Board; terms; vacancies; meetings

A. The Family and Children's Trust Fund shall be administered by a Board of Trustees. The Board of Trustees shall consist of fifteen members appointed by the Governor and subject to confirmation by the General Assembly. The Board members shall represent the Commonwealth at large and shall have knowledge and experience in child abuse and neglect, adult abuse and neglect, and domestic violence programs, finance and fiscal management and other related areas. The Commissioner shall serve as a permanent member of the Board of Trustees. The Board shall elect a chairman.
B. Initially, five appointments to the Board shall be for a term of four years, five appointments shall be for a term of three years, and five appointments shall be for a term of two years; thereafter, all appointments shall be for terms of four years. Appointments to fill vacancies other than by expiration of term shall be for the unexpired term. No member shall be eligible to serve more than two successive four-year terms.
C. The Board shall meet as frequently as necessary to fulfill its duties but not less than once a year.
1986, c. 416, §§ 63.1-327, 63.1-328; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 21 - Family and Children's Trust Fund › § 63.2-2102. Powers and duties of the Board of Trustees

The Board of Trustees shall have the authority to:
1. Encourage, approve and accept gifts, contributions, bequests, or grants in cash or otherwise from any source, public or private, to carry out the purposes of the Family and Children's Trust Fund;
2. Administer and disburse any funds available to the Family and Children's Trust Fund;
3. Engage in fund-raising activities to expand and perpetuate the Family and Children's Trust Fund;
4. Monitor the use of funds to ensure the accountability of the recipients of funds;
5. Advise the Department, the Board of Social Services, and the Governor on matters concerning programs for the prevention of child abuse and neglect and family violence, the treatment of abused and neglected children and their families, and such other issues related to child abuse and neglect and family violence as identified by the Commissioner;
6. Communicate to the Departments of Behavioral Health and Developmental Services, Corrections, Criminal Justice Services, Education, Health, and Juvenile Justice, other state agencies as appropriate, and the Attorney General activities of the Board of Trustees related to efforts to prevent and treat child abuse and neglect and violence within families;
7. Encourage public awareness activities concerning child abuse and neglect and violence within families;
8. Adopt bylaws and other internal rules for the efficient management of the Family and Children's Trust Fund; and
9. Administer all matters necessary and convenient to carry out the powers and duties expressly given in this chapter.
1986, c. 416, § 63.1-329; 2002, c. 747; 2012, cc. 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 21 - Family and Children's Trust Fund › § 63.2-2103. Management of the Family and Children's Trust Fund

All funds received shall be paid to the treasury of Virginia, which shall be custodian of the Family and Children's Trust Fund. Such funds shall be set aside as a separate fund and shall be managed by the Treasurer of Virginia at the discretion of the Board. The net earnings of the Trust Fund shall not inure to the benefit of any private person or entity, except that the Board of Trustees may authorize payment of reasonable compensation for goods provided and services rendered and may authorize disbursements in furtherance of the purpose set forth in § 63.2-2100. The Trust Fund shall not carry on propaganda, or otherwise attempt, to influence legislation as a substantial part of its activities; and it shall not participate or intervene, by publishing or distributing statements or by other means, in any political campaign on behalf of any candidate for public office. If the Trust Fund is dissolved, any assets remaining after payment, or provision for payment, of all claims against it shall be distributed to the Commonwealth for public purposes.
1986, c. 416, § 63.1-330; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 22 - Virginia Caregivers Grant Program › § 63.2-2200. Definitions

As used in this chapter, unless the context requires otherwise:
"Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding.
"Assistance" means aid that is required to be provided by another person in order to safely complete the activity.
"Care for a mentally or physically impaired person" means assistance with the activities of daily living provided to such person when the person has been screened and has been found to be eligible, in accordance with relevant state regulations, for placement and Medicaid reimbursement for services in an assisted-living facility or a nursing home or for receiving community-based long-term care services.
"Caregiver" means an adult who is a single person with a Virginia adjusted gross income of not more than $50,000, or married and the combined Virginia adjusted gross income of both spouses is not more than $75,000 who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to, or the legally appointed guardian of, the mentally or physically impaired person for whom he is caring.
"Fund" means the Virginia Caregivers Grant Fund established by § 63.2-2202.
"Mentally or physically impaired person" means a person who is a resident of Virginia that requires assistance with two or more activities of daily living during more than half the year.
1999, cc. 737, 763, § 63.1-331; 2002, c. 747; 2007, c. 588.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 22 - Virginia Caregivers Grant Program › § 63.2-2201. Caregivers Grant Program established

A. From January 1, 2000, through December 31, 2010, any caregiver who provides care for a mentally or physically impaired person shall be eligible to receive an annual caregivers grant in the amount of $500. The grants under this chapter shall be paid from the Fund, as provided in this chapter, to the caregiver during the calendar year immediately following the calendar year in which the care for a mentally or physically impaired person was provided. The total amount of grants to be paid under this chapter for any year shall not exceed the amount appropriated by the General Assembly to the Fund for payment to caregivers for such year.
B. Only one grant shall be allowed annually for each mentally or physically impaired person receiving care under the provisions of this section. Multiple caregivers providing care to the same mentally or physically impaired person shall be eligible to share the $500 grant as mutually agreed. However, only one caregiver may submit a grant application for the person. A caregiver providing care to more than one eligible person shall submit a separate grant application for each person receiving care.
C. The mentally or physically impaired person being cared for may live in the caregiver's home or in his own home but shall not be receiving Medicaid-reimbursed community long-term care services, other than on a temporary or periodic basis, or living in a nursing home or other assisted living facility where assistance with ADLs is already provided and the cost of such assistance is included in the monthly bill or rental fee.
1999, cc. 737, 763, § 63.1-332; 2002, c. 747; 2005, c. 31; 2007, c. 588.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 22 - Virginia Caregivers Grant Program › § 63.2-2202. Virginia Caregivers Grant Fund established

There is hereby established a special fund in the state treasury to be known as the Virginia Caregivers Grant Fund, which shall be administered by the Department. The Fund shall include such moneys as may be appropriated by the General Assembly from time to time and designated for the Fund. The Fund shall be used solely for the payment of grants to caregivers pursuant to this chapter. Unallocated moneys in the Fund in any year shall remain in the Fund and be available for allocation for grants under this chapter in ensuing fiscal years.
1999, cc. 737, 763, § 63.1-333; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 22 - Virginia Caregivers Grant Program › § 63.2-2204. Confidentiality of information

Except in accordance with proper judicial order or as otherwise provided by law, any employee or former employee of the Department shall not divulge any information acquired by him in the performance of his duties with respect to the income or grant eligibility of any caregiver submitted pursuant to this chapter. The provisions of this section shall not be applicable to (i) acts performed or words spoken or published in the line of duty under law; (ii) inquiries and investigations to obtain information as to the implementation of this chapter by a duly constituted committee of the General Assembly, or when such inquiry or investigation is relevant to its study, provided that any such information shall be privileged; or (iii) the publication of statistics so classified as to prevent the identification of particular caregivers.
1999, cc. 737, 763, § 63.1-335; 2002, c. 747.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-100. Definitions

As used in this title, unless the context otherwise requires:
"Bona fide purchaser" means a purchaser of property for value who has acted in the transaction in good faith. Notice of a seller's marital status, or notice of the existence of a premarital or marital agreement, does not affect the status of a bona fide purchaser. A "purchaser" is one who acquires property by sale, lease, discount, negotiation, mortgage, pledge, or lien or who otherwise deals with property in a voluntary transaction, other than a gift. A purchaser gives "value" for property acquired in return for a binding commitment to extend credit to the transferor or another as security for or in total or partial satisfaction of a pre-existing claim, or in return for any other consideration sufficient to support a simple contract.
"Fiduciary" includes a guardian, committee, trustee, executor, conservator, or personal representative.
"Personal representative" includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent.
"Trustee" means a trustee under a probated will or an inter vivos trust instrument.
"Will" includes any testament, codicil, exercise of a power of appointment by will or by a writing in the nature of a will, or any other testamentary disposition.
Code 1950, § 64-47; 1968, c. 656, § 64.1-45; 1992, cc. 617, 647, § 64.1-01; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-101. Construction of generic terms

In the interpretation of wills and trusts, adopted persons and persons born out of wedlock are included in class gift terminology or terms of relationship in accordance with rules for determining relationships for purposes of intestate succession unless a contrary intent appears on the face of the will or trust. In determining the intent of a testator or settlor, adopted persons are presumptively included in such terms as "children," "issue," "kindred," "heirs," "relatives," "descendents" or similar words of classification and are presumptively excluded by such terms as "natural children," "issue of the body," "blood kindred," "heirs of the body," "blood relatives," "descendents of the body" or similar words of classification. In the event that a fiduciary makes payment to members of a class to the exclusion of persons born out of wedlock of whose claim of paternity or maternity the fiduciary has no knowledge, the fiduciary shall not be held liable to such persons for payments made prior to knowledge of such claim. This section shall apply to all inter vivos trusts executed after July 1, 1978, and to all wills of decedents dying after July 1, 1978, regardless of when executed.
1978, c. 647, § 64.1-71.1; 1987, c. 604; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-102. Meaning of child and related terms

If, for purposes of this title or for determining rights in and to property pursuant to any deed, will, trust or other instrument, a relationship of parent and child must be established to determine succession or a taking by, through, or from a person:
1. An adopted person is the child of an adopting parent and not of the biological parents, except that adoption of a child by the spouse of a biological parent has no effect on the relationship between the child and either biological parent.
2. The parentage of a child resulting from assisted conception is determined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.
3. Except as otherwise provided by subdivision 1 or 2, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
a. The biological parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage was prohibited by law, deemed null or void, or dissolved by a court; or
b. Paternity is established by clear and convincing evidence, including scientifically reliable genetic testing, as set forth in § 64.2-103; however, paternity established pursuant to this subdivision is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child.
4. No claim of succession based upon the relationship between a child born out of wedlock and a deceased parent of such child shall be recognized unless, within one year of the date of the death of such parent (i) an affidavit by such child or by someone acting for such child alleging such parenthood has been filed in the clerk's office of the circuit court of the jurisdiction wherein the property affected by such claim is located and (ii) an action seeking adjudication of parenthood is filed in an appropriate circuit court. The one-year limitation period runs notwithstanding the minority of such child; however, it does not apply in those cases where the relationship between the child born out of wedlock and the parent in question is established by (a) a birth record prepared upon information given by or at the request of such parent; (b) admission by such parent of parenthood before any court or in writing under oath; or (c) a previously entered judgment establishing such parent's paternity by a court having jurisdiction to determine his paternity.
5. Unless otherwise specifically provided therein, an order terminating residual parental rights under § 16.1-283 terminates the rights of the parent to take from or through the child in question but the order does not otherwise affect the rights of the child, the child's kindred, or the parent's kindred to take from or through the parent or the rights of the parent's kindred to take from or through the child.
1978, c. 647, § 64.1-5.1; 1989, c. 466; 1994, c. 919; 1998, c. 603; 1999, c. 781; 2009, c. 449; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-103. Evidence of paternity

A. For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following:
1. That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born;
2. That he gave consent to a physician or other person, not including the mother, charged with the responsibility of securing information for the preparation of a birth record that his name be used as the father of the child upon the birth record of the child;
3. That he allowed by a general course of conduct the common use of his surname by the child;
4. That he claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or federal government or any agency thereof;
5. That he admitted before any court having jurisdiction to determine his paternity that he is the father of the child;
6. That he voluntarily admitted paternity in writing under oath;
7. The results of scientifically reliable genetic tests, including DNA tests, weighted with all the evidence; or
8. Other medical, scientific, or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts.
B. A judgment establishing a father's paternity made by a court having jurisdiction to determine his paternity is sufficient evidence of paternity for the purposes of this section.
1978, c. 647, § 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument

A. The following original documents may be incorporated by reference into a will, power of attorney, or trust instrument:
1. A letter or memorandum to the fiduciary or agent as to the interpretation of discretionary powers of distribution where the will, power of attorney, or trust instrument grants the fiduciary or agent the power to make distributions to beneficiaries in the discretion of the fiduciary or agent; and
2. A letter or memorandum stating the views or directions of the maker of the will, power of attorney, or trust instrument as to the exercise of discretion by the fiduciary or agent in making health care decisions for the maker.
B. No provision in the original document sought to be incorporated by reference under this section is enforceable if it contradicts or is inconsistent with a provision of the incorporating will, power of attorney, or trust instrument, including if it alters the possession or enjoyment of trust property or the income therefrom as directed in the trust instrument.
C. This section shall not prevent the incorporation by reference of any writing into any other writing that would otherwise be effective under § 64.2-400 or under any other law of incorporation by reference.
D. The maker shall sign and have notarized the documents referenced in subsection A and may prepare the documents before or after the execution of the will, power of attorney, or trust instrument.
2001, c. 369, § 64.1-45.2; 2002, c. 119; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-106. Grant of certain powers to personal representative or trustee by circuit court

A. Upon the motion of a personal representative or trustee, a circuit court may grant to the personal representative or trustee all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105. If there is more than one personal representative or trustee, the court may specify as to whether the consent of all personal representatives or trustees or a majority thereof shall be required to act, and in absence of such specification, the consent of all such personal representatives or trustees to act shall be required.
B. Such motion shall be filed in the circuit court in which the personal representative or trustee qualified, or if there was no qualification, the circuit court for the jurisdiction in which the grantor resides or resided at the time of his death, a trustee resides, or a corporate trustee has an office. Such motion may be ex parte; however, the court, in its discretion, may require such notice to and the convening of interested parties as it may deem proper in each case. Notwithstanding the granting of or the failure to grant such powers, the court shall have continuing jurisdiction to confer powers in addition to those previously granted or to revoke any or all such powers previously granted by the court. Such additional grant or revocation may also be ex parte.
C. The court may, in granting or withholding such powers, consider (i) whether the personal representative or trustee was nominated by the decedent, the grantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries and their ability or inability to consent to the acts of the personal representative or trustee which are otherwise within the scope of § 64.2-105; (iii) the relationship of the personal representative or trustee to the beneficiaries; (iv) the character of the estate to be administered, including any real estate which would be within the scope of the powers granted by the provisions of § 64.2-106; and (v) the capacity of the personal representative or trustee to perform under the powers conferred and to answer for any acts for which he might be held accountable under his bond.
The court, in its discretion, may attach further conditions to such grant of power in any manner which it shall deem necessary and proper.
D. In no case shall a court grant any powers, if the grant of such powers would be contrary to the intention of the testator or grantor as implied from or as expressed in the will or trust instrument, or would otherwise be inconsistent with the disposition made in the will or trust instrument.
1976, c. 437, § 64.1-57.1; 1985, c. 345; 1988, c. 345; 1999, c. 995; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-107. Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election

A. For purposes of this section, "personal representative" includes the trustee of a qualified terminable interest property trust if there has been no qualification of a personal representative for the estate of the decedent who created the trust.
B. Personal representatives, whether heretofore or hereafter qualified, are hereby granted the power to make the election on the return of their decedents as required pursuant to § 2056(b)(7) of the Internal Revenue Code of 1954, as amended, to obtain the marital deduction for bequests or devises of qualifying terminable interest property in favor of the surviving spouse created under a will or inter vivos trust of the decedent.
C. If the personal representative determines in good faith to make or not to make such an election and does not act imprudently in making such decision, the decision shall be final and binding upon all of the beneficiaries of the estate.
1982, c. 551, § 64.1-57.2; 1983, c. 54; 1999, c. 197; 2012, c. 614.