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Virgin Islands Statutes, Title 34

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Virgin Islands/Statutes

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Title 34, Welfare

17 chapters · 204 sections in this title.

All chapters in Title 34204 Ch 1, Social Welfare Generally32 Ch 15, The Elder and Dependent Adult Abuse …32 Ch 7, Criminal Victims Compensation Act21 Ch 13, Child Day Care Facility Licensure19 Ch 5, Training Schools for Boys and Girls;…14 Ch 9, Vocational Rehabilitation11 Ch 2, Pharmaceutical Assistance to the Aged10 Ch 11, Virgin Islands Subsidized Adoption Act9 Ch 14, Amber Alert Program9 Ch 16, Silver Alert Community Response System9 Ch 17, Protected Communication Rights of In…9 Ch 18, The Virgin Islands Medicaid Program …8 Ch 6, Interstate Placement of Children7 Ch 8, Victim's and Witness' Bill of Rights7

204 sections·Filtered byTitle 34✕

34 V.I.C. § 256 Gifts
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The Department of Human Services may accept and use gifts unconditionally by will or otherwise for carrying out the purpose of this chapter. Gifts made under such conditions as in the judgment of the Department are proper and consistent with the provisions of this chapter may be …
34 V.I.C. § 257 Eligibility for services
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Vocational rehabilitation services shall be provided to any physically handicapped individual, including any civil employee of the United States disabled while in the performance of his duty, who, at the time of filing his application therefor, resides in the Virgin Islands; Prov…
34 V.I.C. § 258 Assignability of maintenance rights
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The right of any individual to maintenance under this chapter shall not be transferable or assignable at law or in equity.
34 V.I.C. § 259 Hearing for aggrieved person
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Any individual applying for or receiving vocational rehabilitation or any other services authorized by this chapter who is aggrieved by any action or inaction of any authorized officer or employee of the Department of Human Services, shall be entitled to a fair hearing by the Com…

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34 V.I.C. § 260 Misuse of records and information

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It shall be unlawful, except for purposes directly connected with the administration of the programs authorized by this chapter, and in accordance with regulations for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate…

34 V.I.C. § 261 Limitation on political activity

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No officer or employee engaged in the administration of the programs authorized by this chapter shall use his official authority or influence or permit the use of the vocational rehabilitation programs for the purpose of interfering with an election or affecting the results there…

34 V.I.C. § 351 Purpose

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The purpose of this chapter is to make possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption.

34 V.I.C. § 352 Definition of “child”

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1. As used in this chapter, except as otherwise required by the context, “child” means a minor as defined by § 104(a) of this title, who is (a) a dependent of a public or voluntary licensed child-placing agency, (b) legally free for adoption, and (c) in special circumstances eith…

34 V.I.C. § 353 Administration and funding

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The Department of Human Services shall establish and administer an ongoing program of subsidized adoption. Subsidies and services for children under this program shall be provided out of funds appropriated to the Department of Human Services for the maintenance of children in fos…

34 V.I.C. § 354 Eligibility

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Whenever significant emotional ties have been established between a child and his or her foster parents, and the foster parents seek to adopt the child, the child shall be certified as eligible for a subsidy conditioned upon his or her adoption under applicable Virgin Islands ado…

34 V.I.C. § 355 Subsidy agreement

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When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. Adopt…

34 V.I.C. § 356 Appeals

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Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of the Virgin Islands administrative procedure.

34 V.I.C. § 357 Promulgation of regulations

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The Department of Human Services shall promulgate regulations consistent with this chapter within 90 days of March 7, 1980.

34 V.I.C. § 358 Short title

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This chapter should be known and may be cited as the Subsidized Adoption Act.

34 V.I.C. § 359 Effective date

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This chapter shall take effect on March 7, 1980.

34 V.I.C. § 381 Legislative intent and declaration of purpose and policy

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It is the legislative intent to protect the health, safety and well-being of the children of the Territory who attend child day care facilities. Toward that end, it is the purpose of this chapter to establish Territory minimum standards for the safety and protection of children i…

34 V.I.C. § 382 Definitions

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(1) As used in this chapter:(1) “Department” means the Department of Human Services.(2) “Child” means an individual under 18 years of age.(3) “Person” includes an individual, a public or private agency, an association, or a corporation.(4) “Child care operator” means any individu…

34 V.I.C. § 383 Required license

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(a) No person may operate a child day care facility for three or more unrelated children unless he holds a valid license issued by the Department of Human Services. (b) This section does not apply to:(1) state-operated facilities;(2) facilities operated in connection with a churc…

34 V.I.C. § 384 Rules, regulations and standards

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(a) The Department shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. (b) The Department shall promulgate minimum standards for child day care facilities covered by this chapter which will:(1) promote the health, safety and welfare of c…

34 V.I.C. § 385 Inspection

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(a) An authorized representative of the Department may visit a child day care facility during the hours of operation for purpose of investigation, inspection, and evaluation. (b) The Department shall inspect all facilities licensed or certified by the Department at least twice a …

34 V.I.C. § 386 Technical assistance and consultation

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(a) The Department shall offer technical assistance to potential applicants, applicants, licensees, and holders of certification in meeting and maintaining standards for licensing and certification and achieving programs of excellence related to the care of children served. (b) T…

34 V.I.C. § 387 Records

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All persons operating a licensed or certified child day care facility shall maintain individual child development records, individual health records, statistical records, and complete financial records.

34 V.I.C. § 388 Issuance of license

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(a) A person desiring to operate a child day care facility shall apply in writing to the Department for a license. (b) The Department shall supply the applicant with the appropriate application forms and a copy of the appropriate minimum standards. (c) On receipt of the applicati…

34 V.I.C. § 389 Provisional license

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(a) The Department may issue a provisional license to a facility whose plans meet the Department requirements but which is (1) not currently operating, or (2) changing ownership. (b) A provisional license is valid for six months from the date of issuance and is non-renewable.

34 V.I.C. § 390 Annual license

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(a) An annual license will be issued if the Department determines that the facility meets all requirements on a continuing basis. The evaluation shall be based on a specified number of visits to the facility and a review of all required forms and records. (b) An annual license sh…

34 V.I.C. § 391 Certification

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(a) Child care facilities operated by the Territory are exempt from the licensing requirements of this chapter, but Territory-operated facilities must receive certification of approval from the Department. (b) To be certified, the facilities must meet all Department standards, ru…

34 V.I.C. § 392 Suspension

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(a) If a facility has temporarily suspended operations but has definite plans for renewing operations within the time limits of the issued license, the Department may suspend the license. (b) If the Department finds repeated non-compliance with standards that do not endanger the …

34 V.I.C. § 393 Denial or revocation

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(a) If the Department finds that a facility does not comply with the provisions of this chapter, the Department standards, Department rules and regulations, or the specific terms of a license or certification, it must deny or revoke the license or certification of approval. (b) T…

34 V.I.C. § 394 Closure of a facility

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(a) If the Department finds any violation of this chapter or the Department's minimum standards or rules and regulations by a facility other than a Territory-operated facility that places the children in the facility in immediate peril, it may close the facility and place the chi…

34 V.I.C. § 395 Injunctive relief

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(a) Whenever it appears that a person has violated or is violating or threatening to violate any provision of this chapter or of any rule, regulation, or standard of the Department, the Department may cause a civil suit to be instituted in the Superior Court of the Virgin Islands…

34 V.I.C. § 396 Civil penalty

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Any person who violates any provision of this chapter or rule, regulation, or standard of the Department which threatens serious harm to the children in the facility, or who violates any provision of this chapter or rule, regulation, or standard of the Department three or more ti…

34 V.I.C. § 397 Criminal penalty

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A person operating a child day care facility without a license or placing a public advertisement for an unlicensed facility is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and imprisonment not to exceed three months, or both.

34 V.I.C. § 398 Prior issued licenses

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Licenses issued before the effective date of this chapter remain valid for a period not to exceed one year from the effective date of this chapter.

34 V.I.C. § 399 Effective date

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This chapter shall take effect thirty days after March 7, 1980.

34 V.I.C. § 421 Alert Program Act

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This chapter may be cited as “The Alert Program Act of 2003”.

34 V.I.C. § 422 Findings

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(a) The Legislature finds that:(1) Public alerts can be one of the most effective strategies in combating child abductions;(2) Professionals in the field of child abduction and missing children agree that in the case of an abducted child, the first few hours following the abducti…

34 V.I.C. § 423 Definitions

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(a) As used in this chapter(a) “Abducted child” means a child:(1) whose whereabouts are unknown;(2) (A) whose domicile at the time he was reported missing was the Virgin Islands; or(B) about whom credible information is received from a law enforcement agency located in another ju…

34 V.I.C. § 424 Amber Alert Emergency Response Program

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(a) To assist with the safe recovery of abducted children, there is established in the Virgin Islands Police Department the Virgin Islands Amber Alert Emergency Response Program. The Program shall be implemented and administered by the Virgin Islands Police Department and shall b…

34 V.I.C. § 425 Staffing

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The Commissioner and the Attorney General shall designate staff responsible for the operation of the Amber Alert Program.

34 V.I.C. § 426 Procedure and notification

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(a) The Commissioner shall develop a procedure established by regulation which the Department may follow to verify a child has been abducted. (b) The Commissioner shall notify all government departments and agencies, all broadcasters in the territory and the public of the Program…

34 V.I.C. § 427 Broadcast of abduction information

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(1) A broadcaster participating in the Amber Alert program shall immediately broadcast(1) the description of the abducted child; and(2) other information that will assist in locating the abducted child to general public pursuant to the Amber Alert plan agreement between the Polic…

34 V.I.C. § 428 Immunity from civil liability

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(a) A broadcaster that has agreed to participate in the Amber Alert Program and that(1) receives an Amber Alert notification from the Department; and(2) broadcasts a description of the abducted child contained in the notification and other information contained in the notificatio…

34 V.I.C. § 429 Rules

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(a) The Commissioner of Police shall promulgate rules in accordance with Title 3, chapter 35 of the Virgin Islands Code for the implementation of the Program. The rules must include, but need not be limited to:(1) Procedures for verifying whether child abduction has occurred and …

34 V.I.C. § 431 Short title

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This chapter may be cited as The Missing Minors and Dependant Adult Act.

34 V.I.C. § 432 Definitions

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(1) As used in this chapter:(1) “Custodian” means the Territorial Registrar of Vital Records, local registrars of vital records appointed by the Territorial Registrar and District clerks.(2) “Department” means the Virgin Islands Police Department.(3) “Registrar” means the Registr…

34 V.I.C. § 433 Law enforcement requirements

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(a) The Department, upon receiving a report of a missing child or a dependent adult shall:(1) immediately start an investigation with due diligence to determine the present location of a missing child or dependant adult;(2) after a 24-hour period, if the child or dependant adult …

34 V.I.C. § 451 Short title

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This chapter may be cited as “The Older and Dependent Adult Abuse Prevention Act.”

34 V.I.C. § 452 Definitions

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(a) The following terms have the meaning set forth in this chapter, unless the context requires otherwise—(a) “Abandonment” means the desertion or willful forsaking of an older or dependent adult by anyone having care or custody of that person under circumstances in which a reaso…

34 V.I.C. § 453 Mandated reporter; duties

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(a) Any mandated reporter who, in the mandated reporter's professional capacity, or within the scope of the mandated reporter's employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abus…

34 V.I.C. § 454 Other persons making report

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Any person who is not a mandated reporter under this chapter, who knows, or reasonably suspects, that an older or dependent adult has been the victim of abuse may report the abuse to a local law enforcement agency.