reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 14 - Uniform Act on Adoption and Medical Assistance › § 63.2-1404. Medical assistance; penalties

A. A child with special needs resident in this Commonwealth who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this Commonwealth upon the filing in the Department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
B. The Department of Medical Assistance Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this Commonwealth and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
C. The Department shall provide coverage and benefits not provided by the state plan for medical assistance in the residence state for a child who is in another state and who is covered by an adoption assistance agreement made in Virginia to the extent required by the agreement. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Department of Medical Assistance Services shall adopt regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services for which there is no federal financial contribution or which, if federally aided, are not provided by the residence state. Such regulations shall include procedures to be followed in obtaining prior approvals for services when such approval is required for the assistance.
D. The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine of not more than $10,000, or imprisonment for not more than two years, or both.
E. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this Commonwealth under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this Commonwealth. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this Commonwealth shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
1988, c. 154, § 63.1-238.10; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 14 - Uniform Act on Adoption and Medical Assistance › § 63.2-1405. Federal participation

Consistent with federal law, the Department and the Department of Medical Assistance Services, in connection with the administration of this chapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV-E and XIX of the Social Security Act, as amended, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the costs. The Departments shall apply for and administer all relevant federal aid in accordance with law.
1988, c. 154, § 63.1-238.11; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1501. Definitions

As used in this chapter unless the context requires a different meaning:
"Court" means the juvenile and domestic relations district court of the county or city.
"Prevention" means efforts that (i) promote health and competence in people and (ii) create, promote and strengthen environments that nurture people in their development.
1975, c. 341, § 63.1-248.2; 1981, c. 123; 1986, c. 308; 1990, c. 760; 1995, c. 520; 2000, c. 500; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1504. Child-protective services differential response system

The Department shall implement a child-protective services differential response system in all local departments. The differential response system allows local departments to respond to valid reports or complaints of child abuse or neglect by conducting either an investigation or a family assessment. The Department shall publish a plan to implement the child-protective services differential response system in local departments by July 1, 2000, and complete implementation in all local departments by July 1, 2003. The Department shall develop a training program for all staff persons involved in the differential response system, and all such staff shall receive this training.
2000, c. 500, § 63.1-248.2:1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1506.1. Human trafficking assessments by local departments

A. If a report or complaint is based upon information and allegations that a child is a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22), the local department shall conduct a human trafficking assessment, unless at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506.
B. A human trafficking assessment requires the collection of information necessary to determine:
1. The immediate safety needs of the child;
2. The protective and rehabilitative services needs of the child and the child's family that will deter abuse and neglect; and
3. Risk of future harm to the child.
C. When a local department responds to the report or complaint by conducting a human trafficking assessment, the local department may:
1. Consult with the family to arrange for necessary protective and rehabilitative services to be provided to the child and the child's family;
2. Petition the court for services deemed necessary; or
3. Commence an immediate investigation or family assessment, if at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506.
D. In the event that the parents or guardians of the child reside in a jurisdiction other than that in which the report or complaint was received, the local department that received the report or complaint and the local department where the child resides with his parents or guardians shall work jointly to complete the human trafficking assessment.
E. Reports or complaints for which a human trafficking assessment is completed shall not be entered into the central registry contained in § 63.2-1515.
F. The local department or departments shall notify the Child Protective Services Unit within the Department in writing whenever such a human trafficking assessment is conducted.
G. When conducting a human trafficking assessment pursuant to this section, the local department may interview the alleged child victim or his siblings without the consent and outside the presence of such child's or siblings' parent, guardian, legal custodian, or other person standing in loco parentis, or school personnel.
2019, cc. 381, 687; 2020, cc. 6, 234.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1507. Cooperation by state entities

All law-enforcement departments and other state and local departments, agencies, authorities and institutions shall cooperate with each child-protective services coordinator of a local department and any multi-discipline teams in the detection and prevention of child abuse.
1975, c. 341, § 63.1-248.17; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1508. Valid report or complaint

A. A valid report or complaint means the local department has evaluated the information and allegations of the report or complaint and determined that the local department shall conduct an investigation, family assessment, or human trafficking assessment because the following elements are present:
1. The alleged victim child or children are under 18 years of age at the time of the complaint or report;
2. The alleged abuser is the alleged victim child's parent or other caretaker or, for purposes of abuse or neglect described in subdivision 4 of the definition of "abused or neglected child" in § 63.2-100, an intimate partner of such parent or caretaker;
3. The local department receiving the complaint or report has jurisdiction; and
4. The circumstances described allege suspected child abuse or neglect.
B. A valid report or complaint regarding a child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) may be established regardless of who the alleged abuser is or whether the alleged abuser has been identified.
C. Nothing in this section shall relieve any person specified in § 63.2-1509 from making a report required by that section, regardless of the identity of the person suspected to have caused such abuse or neglect.
D. If the local department receiving the complaint or report does not have jurisdiction, and the local department that has jurisdiction to investigate such complaint or report is located in the Commonwealth, the local department that received the report or complaint shall forward the complaint or report to the appropriate local department.
1975, c. 341, § 63.1-248.2; 1981, c. 123; 1986, c. 308; 1990, c. 760; 1995, c. 520; 2000, c. 500; 2002, c. 747; 2019, cc. 381, 687; 2022, c. 366.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1510. Complaints by others of certain injuries to children

Any person who suspects that a child is an abused or neglected child may make a complaint concerning such child, except as hereinafter provided, to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the Department's toll-free child abuse and neglect hotline. If an employee of the local department is suspected of abusing or neglecting a child, the complaint shall be made to the court of the county or city where the abuse or neglect was discovered. Upon receipt of such a report by the court, the judge shall assign the report to a local department that is not the employer of the suspected employee for investigation or family assessment; or, if the judge believes that no local department in a reasonable geographic distance can be impartial in responding to the reported case, the judge shall assign the report to the court service unit of his court for evaluation. The judge may consult with the Department in selecting a local department to respond to the report or complaint. Such a complaint may be oral or in writing and shall disclose all information which is the basis for the suspicion of abuse or neglect of the child.
1975, c. 341, § 63.1-248.4; 1976, c. 348; 1994, c. 840; 2000, c. 500; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1512. Immunity of person making report, etc., from liability

Any person making a report pursuant to § 63.2-1509, a complaint pursuant to § 63.2-1510, or who takes a child into custody pursuant to § 63.2-1517, or who participates in a judicial proceeding resulting therefrom shall be immune from any civil or criminal liability in connection therewith, unless it is proven that such person acted in bad faith or with malicious intent.
1975, c. 341, § 63.1-248.5; 1988, c. 686; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1513. Knowingly making false reports; penalties

A. Any person fourteen years of age or older who makes or causes to be made a report of child abuse or neglect pursuant to this chapter that he knows to be false shall be guilty of a Class 1 misdemeanor. Any person fourteen years of age or older who has been previously convicted under this subsection and who is subsequently convicted under this subsection shall be guilty of a Class 6 felony.
B. The child-protective services records regarding the person who was alleged to have committed abuse or neglect that result from a report for which a conviction is obtained under this section shall be purged immediately by any custodian of such records upon presentation to the custodian of a certified copy of such conviction. After purging the records, the custodian shall notify the person in writing that such records have been purged.
1996, cc. 813, 836, § 63.1-248.5:1.01; 1999, c. 828; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1515. Central registry; disclosure of information

The central registry shall contain such information as shall be prescribed by Board regulation; however, when the founded case of abuse or neglect does not name the parents or guardians of the child as the abuser or neglector, and the abuse or neglect occurred in a licensed or unlicensed child day center as defined in § 22.1-289.02; a licensed, registered, or approved family day home as defined in § 22.1-289.02; a private or public school; or a children's residential facility, the child's name shall not be entered on the registry without consultation with and permission of the parents or guardians. If a child's name currently appears on the registry without consultation with and permission of the parents or guardians for a founded case of abuse and neglect that does not name the parents or guardians of the child as the abuser or neglector, such parents or guardians may have the child's name removed by written request to the Department. The information contained in the central registry shall not be open to inspection by the public. However, appropriate disclosure may be made in accordance with Board regulations.
The Department shall respond to requests for a search of the central registry made by (i) local departments, (ii) local school boards, and (iii) governing boards or administrators of private schools accredited pursuant to § 22.1-19 regarding applicants for employment, pursuant to § 22.1-296.4, in cases where there is no match within the central registry within 10 business days of receipt of such requests. In cases where there is a match within the central registry regarding applicants for employment, the Department shall respond to requests made by local departments, local school boards, and governing boards or administrators within 30 business days of receipt of such requests. The request and response may be sent electronically or by first-class mail or facsimile transmission.
The Department shall disclose information in the central registry to the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary for the purpose of determining if any person being considered for election to any judgeship has been the subject of any founded complaint of child abuse or neglect.
Any central registry check of a person who has applied to be a volunteer with a (a) Virginia affiliate of Big Brothers/Big Sisters of America, (b) Virginia affiliate of Compeer, (c) Virginia affiliate of Childhelp USA, (d) volunteer fire company or volunteer emergency medical services agency, or (e) court-appointed special advocate program pursuant to § 9.1-153 shall be conducted at no charge.
1975, c. 341, § 63.1-248.8; 1993, cc. 48, 348, 955; 1994, cc. 700, 830; 2000, cc. 95, 734, 805; 2001, c. 321; 2002, cc. 371, 747; 2004, c. 74; 2015, cc. 502, 503; 2016, c. 454; 2018, c. 578; 2020, cc. 300, 860, 861.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1516. Tape recording child abuse investigations

Any person who is suspected of abuse or neglect of a child and who is the subject of an investigation or family assessment pursuant to this chapter may tape record any communications between him and child-protective services personnel that take place during the course of such investigation or family assessment, provided all parties to the conversation are aware the conversation is to be recorded. The parties' knowledge of the recording shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation that the recording is to be made. If a person who is suspected of abuse or neglect of a child and who is the subject of an investigation or family assessment pursuant to this chapter elects to make a tape recording as provided in this section, the child-protective services personnel may also make such a recording.
1990, c. 867, § 63.1-248.6:2; 2000, c. 500; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1516.01. Investigation procedures involving person who is the subject of complaint

The local department shall, at the initial time of contact with the person subject to a child abuse and neglect investigation, advise such person of the complaints or allegations made against the person, in a manner that is consistent with laws protecting the rights of the person making the report or complaint. In cases where a child is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the provisions of § 63.2-1516.1 shall also apply.
2004, cc. 93, 233.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1516.1. Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations

A. Except as provided in subsection B of this section, in cases where a child is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the local department conducting the investigation shall comply with the following provisions in conducting its investigation:
1. The local department shall conduct a face-to-face interview with the person who is the subject of the complaint or report.
2. At the onset of the initial interview with the alleged abuser or neglector, the local department shall notify him in writing of the general nature of the complaint and the identity of the alleged child victim regarding the purpose of the contacts.
3. The written notification shall include the information that the alleged abuser or neglector has the right to have an attorney or other representative of his choice present during his interviews. However, the failure by a representative of the Department of Social Services to so advise the subject of the complaint shall not cause an otherwise voluntary statement to be inadmissible in a criminal proceeding.
4. Written notification of the findings shall be submitted to the alleged abuser or neglector. The notification shall include a summary of the investigation and an explanation of how the information gathered supports the disposition.
5. The written notification of the findings shall inform the alleged abuser or neglector of his right to appeal.
6. The written notification of the findings shall inform the alleged abuser or neglector of his right to review information about himself in the record with the following exceptions:
a. The identity of the person making the report.
b. Information provided by any law-enforcement official.
c. Information that may endanger the well-being of the child.
d. The identity of a witness or any other person if such release may endanger the life or safety of such witness or person.
B. In all cases in which an alleged act of child abuse or neglect is also being criminally investigated by a law-enforcement agency, and the local department is conducting a joint investigation with a law-enforcement officer in regard to such an alleged act, no information in the possession of the local department from such joint investigation shall be released by the local department except as authorized by the investigating law-enforcement officer or his supervisor or the local attorney for the Commonwealth.
C. Failure to comply with investigation procedures does not preclude a finding of abuse or neglect if such a finding is warranted by the facts.
2003, cc. 986, 1013.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1518. Authority to talk to child or sibling

Any person required to make a report or conduct an investigation or family assessment, pursuant to this chapter may talk to any child suspected of being abused or neglected or to any of his siblings without consent of and outside the presence of his parent, guardian, legal custodian, or other person standing in loco parentis, or school personnel.
1975, c. 341, § 63.1-248.10; 1979, c. 453; 1986, c. 308; 2000, c. 500; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1519. Physician-patient and spousal privileges inapplicable

In any legal proceeding resulting from the filing of any report or complaint pursuant to this chapter, the physician-patient and spousal privileges shall not apply.
1975, c. 341, § 63.1-248.11; 2002, c. 747; 2020, c. 900.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1520. Photographs and X-rays of child; use as evidence

In any case of suspected child abuse, photographs and X-rays of the child may be taken without the consent of the parent or other person responsible for such child as a part of the medical evaluation. Photographs of the child may also be taken without the consent of the parent or other person responsible for such child as a part of the investigation or family assessment of the case by the local department or the court; however, such photographs shall not be used in lieu of medical evaluation. Such photographs and X-rays may be introduced into evidence in any subsequent proceeding.
The court receiving such evidence may impose such restrictions as to the confidentiality of photographs of any minor as it deems appropriate.
1975, c. 341, § 63.1-248.13; 1978, c. 553; 2000, c. 500; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1521. Testimony by child using two-way closed-circuit television

A. In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1, 16.1-283, or 20-107.2, the child's attorney or guardian ad litem or, if the child has been committed to the custody of a local department, the attorney for the local department may apply for an order from the court that the testimony of the alleged victim or of a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The person seeking such order shall apply for the order at least seven days before the trial date.
B. The provisions of this section shall apply to the following:
1. An alleged victim who was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the trial; and
2. Any child witness who is 14 years of age or under at the time of the trial.
C. The court may order that the testimony of the child be taken by closed-circuit television as provided in subsections A and B if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:
1. The child's persistent refusal to testify despite judicial requests to do so;
2. The child's substantial inability to communicate about the offense; or
3. The substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.
Any ruling on the child's unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.
D. In any proceeding in which closed-circuit television is used to receive testimony, the attorney for the child and the defendant's attorney and, if the child has been committed to the custody of a local board, the attorney for the local board shall be present in the room with the child, and the child shall be subject to direct and cross examination. The only other persons allowed to be present in the room with the child during his testimony shall be the guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.
E. The child's testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.
1988, c. 845, § 63.1-248.13:1; 1999, c. 668; 2002, c. 747; 2018, c. 564.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1524. Court may order certain examinations

The court may order psychological, psychiatric and physical examinations of the child alleged to be abused or neglected and of the parents, guardians, caretakers or siblings of a child suspected of being neglected or abused.
1975, c. 341, § 63.1-248.14; 1976, c. 186; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1525. Prima facie evidence for removal of child custody

In the case of a petition in the court for removal of custody of a child alleged to have been abused or neglected, competent evidence by a physician that a child is abused or neglected shall constitute prima facie evidence to support such petition.
1975, c. 341, § 63.1-248.15; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 15 - Child Abuse and Neglect › § 63.2-1527. Board oversight duties; Out-of-Family Investigations Advisory Committee

A. The Board shall be responsible for establishing standards for out-of-family investigations and for the implementation of the family assessment track of the differential response system.
B. The Out-of-Family Investigations Advisory Committee (the Committee) is hereby established as an advisory committee in the executive branch of state government.
C. The Committee shall consist of 15 members as follows: one representative of public school employees, one representative of a hospital for children, one representative of a licensed child care center, one representative of a juvenile detention home, one representative of a public or private residential facility for children, one representative of a family day care home, one representative of a local department of Social Services, one representative of a religious organization with a program for children, one representative of Virginians for Child Abuse Prevention and six citizens of the Commonwealth at large. The Chairman of the Board shall appoint such persons for terms established by the Board.
D. The Committee shall advise the Board on the effectiveness of the policies and standards governing out-of-family investigations.
E. The Committee shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Committee shall be held at the call of the chairman or whenever the majority of the voting members so request.
F. Members shall receive no compensation for their services nor be reimbursed for expenses incurred in the discharge of their duties as provided in §§ 2.2-2813 and 2.2-2825.
G. The Department of Social Services shall provide staff support to the Committee. All agencies of the Commonwealth shall provide assistance to the Committee, upon request.
1993, c. 955, § 63.1-248.7:1; 2000, c. 500; 2002, c. 747; 2004, c. 103.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1600. Home-based services

Each local board shall provide for the delivery of home-based services that include homemaker, companion, or chore services that will allow individuals to attain or maintain self-care and are likely to prevent or reduce dependency, subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5. Eligibility for such services shall be determined according to regulations of the Commissioner for Aging and Rehabilitative Services. Such services shall be provided to the extent that federal or state matching funds are made available to each locality.
1983, c. 605, § 63.1-55.01; 2002, c. 747; 2012, cc. 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1601. Authority to provide adult foster care services

Each local board is authorized to provide adult foster care services that may include recruitment, approval, and supervision subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5.
1978, c. 180, § 63.1-55.1:1; 2002, c. 747; 2012, cc. 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1601.1. Criminal history check for agency approved providers of services to adults

A. Each local board shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange of any individual the local board is considering approving as a provider of home-based services pursuant to § 63.2-1600 or adult foster care pursuant to § 63.2-1601. The local board may also obtain such a criminal records search on all adult household members residing in the home of the individual with whom the adult is to be placed. The local board shall not hire for compensated employment any persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. If approval as an agency approved provider is denied because of information obtained through a Central Criminal Records Exchange search, the local board, upon request, shall provide a copy of the information obtained to the individual who is the subject of the search. Further dissemination of the criminal history record information is prohibited.
B. In emergency circumstances, each local board may obtain from a criminal justice agency the criminal history record information from the Central Criminal Records Exchange for the criminal records search authorized by this section. The provision of home-based services shall be immediately terminated or the adult shall be removed from the home immediately, if any adult resident has been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02.
2007, c. 572; 2017, c. 809.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1602. Other adult services

Subject to the supervision and in accordance with regulations of the Commissioner for Aging and Rehabilitative Services as provided in Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5, each local board shall:
1. Participate in nursing home pre-admission screenings of all individuals pursuant to § 32.1-330;
2. Provide assisted living facility assessments of residents and applicants pursuant to § 63.2-1804;
3. Participate in long-term care service coordination pursuant to § 51.5-138;
4. Provide social services or public assistance, as appropriate, to individuals discharged from state hospitals or training centers pursuant to §§ 37.2-505 and 37.2-837; and
5. Participate in other programs pursuant to state and federal law.
2002, c. 747; 2005, c. 716; 2012, cc. 476, 507, 803, 835.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1603. Protection of adults; definitions

As used in this article:
"Act of violence, force, or threat" means the same as that term is defined in § 19.2-152.7:1.
"Adult" means any person 60 years of age or older, or any person 18 years of age or older who is incapacitated and who resides in the Commonwealth; provided, however, "adult" may include qualifying nonresidents who are temporarily in the Commonwealth and who are in need of temporary or emergency protective services.
"Emergency" means (i) that an adult is living in conditions that present a clear and substantial risk of death or immediate and serious physical harm to himself or others or (ii) that an adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation.
"Financial exploitation" means the illegal, unauthorized, improper, or fraudulent use of the funds, property, benefits, resources, or other assets of an adult for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. "Financial exploitation" includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services.
"Financial institution staff" means any employee, agent, qualified individual, or representative of a bank, trust company, savings institution, loan association, consumer finance company, credit union, investment company, investment advisor, securities firm, accounting firm, or insurance company.
"Incapacitated person" means any adult who is impaired by reason of mental illness, intellectual disability, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out responsible decisions concerning his or her well-being.
1977, c. 547, § 63.1-55.2; 1978, c. 749; 2002, c. 747; 2004, cc. 749, 1011; 2012, cc. 476, 507; 2021, Sp. Sess. I, cc. 207, 208.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1606.1. Photographs, X-rays and medical imaging of incapacitated persons; use as evidence

In any case of suspected abuse of an incapacitated person, photographs, X-rays and appropriate medical imaging of such incapacitated person may be taken as a part of the medical evaluation without the consent of the person responsible for the incapacitated person. Such images shall not be used in lieu of medical evaluation.
Such photographs, X-rays and medical imaging may be introduced into evidence in any civil or criminal proceeding. The court receiving such evidence may impose such restrictions as to the confidentiality of photographs, X-rays and medical imaging of any incapacitated person as it deems appropriate.
2013, cc. 442, 464.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1608. Involuntary adult protective services

A. If an adult lacks the capacity to consent to receive adult protective services, these services may be ordered by a court on an involuntary basis through an emergency order pursuant to § 63.2-1609 or by a guardian or conservator appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.
B. In ordering involuntary adult protective services, the court shall authorize only that intervention which it finds to be least restrictive of the adult's liberty and rights, while consistent with his welfare and safety. The basis for such finding shall be stated in the record by the court.
C. The adult shall not be required to pay for involuntary adult protective services, unless such payment is authorized by the court upon a showing that the person is financially able to pay. In such event the court shall provide for reimbursement of the actual costs incurred by the local department in providing adult protective services, excluding administrative costs.
1977, c. 547, § 63.1-55.5; 1978, c. 562; 1979, c. 451; 1997, c. 801; 2002, c. 747; 2004, cc. 749, 1011.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1610. Voluntary adult protective services

A. The local department shall provide or arrange for protective services if the adult requests or affirmatively consents to receive these services. If the adult withdraws or refuses consent, the services shall not be provided.
B. No person shall interfere with the provision of adult protective services to an (i) adult who requests or consents to receive such services, or (ii) for whom consent has been lawfully given. In the event that interference occurs on a continuing basis, the director may petition the court of competent jurisdiction to enjoin such interference.
C. The actual costs incurred by the local department in providing adult protective services shall be borne by the local department, unless the adult or his representative agrees to pay for them or a court orders the local department to receive reasonable reimbursement for the adult protective services, excluding administrative costs, from the adult's assets after a finding that the adult is financially able to make such payment.
1977, c. 547, § 63.1-55.7; 2002, c. 747; 2004, cc. 749, 1011.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1611. Policy of Commonwealth; Department designated agency to coordinate state efforts

The General Assembly declares that it is the policy of this Commonwealth to support the efforts of public and private community groups seeking to provide assistance to and treatment for the victims of domestic violence and to provide recognition to the need to combat all phases of domestic violence in this Commonwealth. To this end the Department is designated as the state agency responsible for coordinating state efforts in this regard.
1980, c. 597, § 63.1-315; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1613. Responsibilities of local departments

Local departments may, to the extent that funds are available:
1. Promote interagency cooperation at the local level for technical assistance, data collection and service delivery; and
2. Provide services directly to victims of domestic violence.
1985, c. 20, § 63.1-317.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1614. Authority to receive and grant funds

Subject to regulations of the Board and to the availability of state or federal funds for services to the victims of domestic violence, the Department is authorized to:
1. Receive state and federal funds for services to the victims of domestic violence;
2. Disperse funds through matching grants to local, public or private nonprofit agencies to provide service programs for the victims of domestic violence; and
3. Develop and implement grant mechanisms for funding such local services.
1980, c. 597, § 63.1-318; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 16 - Adult Services › § 63.2-1615. What functions and services may be funded

In dispersing funds through grants to local agencies to provide service programs for the victims of domestic violence, the Department may fund both administrative functions and the delivery of direct services, including a portion of: the operational costs of offices and shelters including staff, rent, utilities, travel and supplies; twenty-four-hour crisis intervention hotlines; counseling; information and referral; self-help groups; transportation; emergency shelter; and follow-up services.
1980, c. 597, § 63.1-319; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1700. Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt

The Board is authorized to adopt regulations and schedules for fees to be charged for processing applications for licenses to operate assisted living facilities, adult day care centers, and child welfare agencies. Such schedules shall specify minimum and maximum fees and, where appropriate, gradations based on the capacity of such facilities, centers, and agencies. Fees shall be used for the development and delivery of training for operators and staff of facilities, centers, and agencies. Fees shall be expended for this purpose within two fiscal years following the fiscal year in which they are collected. These fees shall not be applicable to facilities, centers, or agencies operated by federal entities.
1983, c. 153, §§ 63.1-174.01, 63.1-196.5; 1988, c. 129; 1991, c. 532; 1992, c. 356, § 63.1-194.3; 1993, cc. 225, 730, 742, 957, 993; 1996, c. 492; 2002, c. 747; 2010, c. 551; 2012, cc. 803, 835; 2020, cc. 860, 861.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1701.1. Repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1702. Investigation on receipt of application

Upon receipt of the application, the Commissioner shall cause an investigation to be made of the activities, services, and facilities of the applicant and of his character and reputation or, if the applicant is an association, partnership, limited liability company, or corporation, the character and reputation of its officers and agents, and upon receipt of the initial application, an investigation of the applicant's financial responsibility. The financial records of an applicant shall not be subject to inspection if the applicant submits an operating budget and at least one credit reference. In the case of child welfare agencies and assisted living facilities, the character and reputation investigation upon application shall include background checks pursuant to § 63.2-1721; however, a children's residential facility shall comply with the background check requirements contained in § 63.2-1726. In the case of a children's residential facility, the character and reputation investigation shall also include consideration of any complaints, enforcement actions, or sanctions against a license to operate a children's residential facility held by the applicant in another state. Records that contain confidential proprietary information furnished to the Department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5.
Code 1950, §§ 63-223.2, 63-234, 63-235; 1954, c. 259; 1968, cc. 578, 585, §§ 63.1-176, 63.1-197, 63.1-198; 1972, c. 540; 1975, c. 439; 1985, c. 360; 1987, c. 693; 1992, cc. 356, 746 § 63.1-194.6; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2005, cc. 610, 924; 2013, cc. 182, 545; 2015, cc. 758, 770; 2020, cc. 723, 860, 861.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1703. Variances

The Commissioner may grant a variance to a regulation when the Commissioner determines that (i) a licensee or applicant for licensure as an assisted living facility, adult day center or child welfare agency has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents, participants or children in care. The Commissioner shall review each allowable variance at least annually. At a minimum, this review shall address the impact of the allowable variance on persons in care, adherence by the licensee to any conditions attached, and the continuing need for the allowable variance.
Code 1950, § 63-233; 1968, cc. 578, 585, § 63.1-196; 1972, c. 540; 1974, c. 419; 1975, c. 386; 1979, c. 483; 1985, c. 384; 1992, c. 666; 1993, cc. 730, 742; 1999, c. 740; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1704. Repealed

Repealed effective July 1, 2021, by Acts 2020, cc. 860 and 861, cl. 2, as amended by Acts 2021, Sp. Sess. I, c. 446, cl. 2.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1705. Compliance with Uniform Statewide Building Code

A. Buildings licensed as assisted living facilities, adult day care centers and child welfare agencies shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code.
B. Buildings used for assisted living facilities or adult day care centers shall be licensed for ambulatory or nonambulatory residents or participants. Ambulatory means the condition of a resident or participant who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by the Uniform Statewide Building Code without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such resident or participant may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate. Nonambulatory means the condition of a resident or participant who by reason of physical or mental impairment is not capable of self-preservation without the assistance of another person.
1981, c. 275, § 63.1-174.1; 1986, c. 430; 1989, c. 173; 1991, c. 532; 1992, c. 356, § 63.1-194.4; 1993, cc. 957, 993; 1998, c. 552; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 17 - Licensure and Registration Procedures › § 63.2-1706.1. Inspections of child welfare agencies; prioritization

The Commissioner shall prioritize inspections of child welfare agencies in the following order: (i) inspections conducted in response to a complaint involving a child welfare agency and (ii) inspections of child welfare agencies that are not conducted in response to a complaint.
2019, c. 273; 2020, cc. 860, 861.