Title 34 — Welfare
17 chapters · 206 sections in this title.
34 V.I.C. § 103 Regulations; standards of care and training
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The Department of Human Services shall promulgate rules and regulations for the proper conduct and operation of the training schools, and shall provide thereat care and training which will meet the needs of the individual child, and which will conform to accepted modern standards…
34 V.I.C. § 104 Care and placement of juveniles; boarding or foster homes; fees
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(a) The Department of Human Services shall receive such children as may be committed to it by the District Court or the Superior Court, or upon application from parents or guardians; shall determine the type of care and placement needed by the individual child; and shall provide …
34 V.I.C. § 105 Duration of custody
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All children committed to the Department of Human Services or accepted into its custody upon application from parents or guardians shall remain in the custody of the Department of Human Services and subject to placement in its discretion, until released by order of the Department…
34 V.I.C. § 106 Instruction and training of children
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The Department of Education shall provide necessary and desirable academic instruction and instruction in manual and industrial arts for the children of the training schools, on plans and programs developed with and approved by the Department of Human Services. In all such instru…
34 V.I.C. § 107 Title
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This Act may be cited as the Family Preservation Services Act.
34 V.I.C. § 108 Purpose
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(a) It is the intent of the Legislature to make available, within available funds, intensive services to children and families that are designed to prevent the unnecessary and imminent placement of children in foster care and to facilitate the reunification of children with their…
34 V.I.C. § 109 Definitions
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(1) As used in this act:(1) “Department” means the Department of Human Services.(2) “Family preservation services” means intensive, short term concentration of comprehensive support coordinated by professional social workers to stabilize family cruises, foster family self-suffici…
34 V.I.C. § 110 Characteristics of Family Preservation Services
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(1) Family preservation services shall have all of the following characteristics:(1) Services shall be provided by a family preservation team under the direction of a social worker who holds a degree of Master of Social Work. The team may consist of social workers who hold a Bach…
34 V.I.C. § 111 Department responsibilities
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(a) The Department shall be the administrative agency responsible for family preservation services and may receive funding from any source for the implementation or expansion of such services. The Department shall:(1) Provide coordination and planning for the implementation and e…
34 V.I.C. § 112 Services rendered
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(a) Family preservation services may be provided to children and their families only when the Department has determined that:(1) The child has been placed in foster care or is at actual or imminent risk of foster care placement due to(i) Child abuse or neglect;(ii) A serious thre…
34 V.I.C. § 113 Authorized resources
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(1) For the purpose of providing family preservation services to children who would otherwise be removed from their homes, the Department may:(1) Solicit and use any available federal or private resources, which may include funds, in-kind resources, or volunteer services. (1) Sol…
34 V.I.C. § 114 Existing contracts
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The Department providing family preservation services under section 111(c) of this title is not intended to replace existing contracts with private nonprofit social service agencies that provide family preservation services.
34 V.I.C. § 121 Adoption of Interstate Compact on the Placement of Children
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The Virgin Islands hereby enacts into law and enters into the Interstate Compact on the Placement of Children with all other jurisdictions which have enacted or shall hereafter enact the Compact in the form substantially as follows: Article I. Purpose and Policy Article I. Purpos…
34 V.I.C. § 122 Financial responsibility
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Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default o…
34 V.I.C. § 123 Appropriate public authorities
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The “appropriate public authorities” as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to the Virgin Islands, mean the Department of Human Services with reference to placement in foster care or as a preliminary to a possible adopt…
34 V.I.C. § 124 Appropriate authority in receiving state
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As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in receiving state” shall mean the Department of Human Services with reference to placement in foster care or as a placement to a possible adoption and …
34 V.I.C. § 125 Agreements
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The officers and agencies of the Virgin Islands having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of …
34 V.I.C. § 126 Court jurisdiction
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Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
34 V.I.C. § 127 Executive head defined
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As used in this Article VII of the Interstate Compact on the Placement of Children, the term “executive head” means the Governor. The Governor is hereby authorized to appoint a Compact Administrator, with the advice and consent of the Legislature, in accordance with the terms of …
34 V.I.C. § 151 Short title
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This chapter shall be known as and may be cited as the “Virgin Islands Criminal Victims Compensation Act”. It shall be liberally construed to effect its purposes.
34 V.I.C. § 152 Statement of policy
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The purpose of the provisions of this chapter is to establish a program of public compensation to innocent victims of certain criminal offenses, to the persons injured or killed while attempting to prevent the commission of criminal offenses or to apprehend suspected offenders, a…
34 V.I.C. § 153 Definitions
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(1) Unless the context clearly requires otherwise, as used in this chapter —(1) The term “applicant” means any person who applies for compensation under the provisions of this chapter.(2) The term “child” means an unmarried person who is under eighteen years of age and includes a…
34 V.I.C. § 156 Powers and duties of the Executive Secretary: Preliminary hearings; reports with recommendations; submission to Commission
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(a) Except as otherwise provided in this chapter, the Executive Secretary shall administer the provisions of this chapter. (b) Upon an application made to the Commission under the provisions of this chapter, the Executive Secretary shall hold a prompt and fair hearing on each app…
34 V.I.C. § 157 Powers and duties of the Commission: final orders and decisions; finality
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(a) When called to consider and to act upon an outstanding application and accompanying report submitted pursuant to section 156(c) of this chapter, the Commission shall make its determination and issue its order with due dispatch. Such determination and order of the Commission s…
34 V.I.C. § 158 Procedural powers and limitations; rights of parties; effect of criminal conviction; immunity of witnesses
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(a) The Executive Secretary and the Commission, when conducting a proceeding under this chapter, shall have the authority and the power to administer oaths and affirmations, to issue subpoenae ad testificandum and subpoenae duces tecum which shall be enforceable pursuant to the p…
34 V.I.C. § 161 Application: Eligibility; Requirements; Limitations
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(a) Any victim, any person who is responsible for the maintenance or care of the victim and who has incurred expenses as a result of injury to or the death of the victim, and, in the case of the death of the victim, the estate or any dependents of the victim may apply for compens…
34 V.I.C. § 162 Offenses and incidents covered
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(a) The Commissioner may order the payment of compensation in accordance with the provisions of this chapter in any case in which—(1) The victim was injured or killed by any act or omission that constitutes a criminal offense which is a felony or aggravated assault and battery or…
34 V.I.C. § 163 Awards: General provisions; allowable compensation; standards for compensation; effect of prosecution or conviction
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(a) The Commission, upon proper application and after the required preliminary hearing before the Executive Secretary and the required final consideration and if it determines that the applicant has satisfied the burden of proving all contested issues of fact, may order the payme…
34 V.I.C. § 164 Same: Limitations
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(a) The total amount of compensation awarded or paid to any one applicant under the provisions of section 163 of this subchapter may not exceed the sum of $25,000. (b) The Commission may not award compensation to an applicant under this chapter if, supported by substantial eviden…
34 V.I.C. § 165 Same: Terms of payment; deductions
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(a) Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the Commission determines to be appropriate. (b) Any claim made pursuant to this chapter shall be reduced by the amount of any moneys actual…
34 V.I.C. § 166 Same: Finality and reconsideration; review
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(a) Every determination and order of the Commission shall be final, except that an applicant may obtain a reconsideration by the Commission of an order upon filing a written request for reconsideration with the Executive Secretary within one calendar year after the issuance of th…
34 V.I.C. § 169 Repayment by the applicant
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Any applicant who has received payments on an award made by the Commission under this chapter shall pay to the Commission all sums, not to exceed the amount of such payment, which, after the payment on the award, have been received by the applicant from the offender, from any per…
34 V.I.C. § 170 Recovery from the offender
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(a) In any case where a person is convicted of a crime which was the cause of the injury or death for which compensation has been awarded under this chapter, the Commission may institute an action against such person for the recovery of the whole or any specified part of such com…
34 V.I.C. § 171 Criminal Victims Compensation Fund
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All payments made to the Commission under the provisions of section 169 of this subchapter and all payments made to the Commission on awards granted under the provisions of section 170 of this subchapter shall be covered by the Commission into the Criminal Victims Compensation Fu…
34 V.I.C. § 174 Rules and regulations
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The Commission, subject to the approval of the Governor and not inconsistent with law, may adopt, enforce, revise, amend, rescind, or repeal rules and regulations prescribing the administrative and procedural steps to be followed in the filing of applications and during the proce…
34 V.I.C. § 175 Personnel; budget
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Subject to the provisions of chapter 35 of Title 3 of this code, the Commission may employ such personnel as it determines necessary for the effective and efficient administration of its functions and responsibility. Budget needs of the Commission shall be submitted annually to t…
34 V.I.C. § 176 Reports to the Governor and to the Legislature
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The Commission shall prepare and transmit to the Governor and to the Legislature annually a report of its activities under this chapter including the name of each applicant, a brief description of the facts in each case, the amount, if any, of compensation awarded, recommendation…
34 V.I.C. § 177 Penalties
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The pertinent provisions of chapter 77 of Title 14 of this code shall apply to every application, statement and document and to all information presented to the Executive Secretary in the application or at the preliminary hearing, or presented to the Commission at the final consi…
34 V.I.C. § 178 Schedule of legal and attorney's fees
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(a) In all determinations, awards, or orders by the Commission wherein the sum or amount of the award to a victim or his dependent is less than $1,000.00, the legal or attorney's fees shall not exceed more than two percent (2%) of the amount of the award. (b) In all determination…
34 V.I.C. § 179 Emergency compensation
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The Executive Secretary may make an emergency award of compensation to the applicant pending a final decision in the case if it appears to the Commission that, prior to taking action on an application, the claim is one for which compensation is probable, and undue hardship will r…
34 V.I.C. § 201 Legislative intent
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In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to Territorial and Federal law enfo…
34 V.I.C. § 202 Definitions
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(1) As used in this chapter(1) “Crimes against the person” means criminal offenses that involve bodily harm; including assault, battery, domestic violence, kidnapping and rape.(2) “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as t…
34 V.I.C. § 203 Rights of victims and witnesses
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(a) Victims and witnesses have a right to be treated with dignity and compassion. This section may be cited and shall be known as the “Victim's and Witness' Bill of Rights.” To the extent reasonably possible and subject to available resources, victims and witnesses of crime are a…
34 V.I.C. § 203a Notification of the release of an offender to victims of crimes against the person
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(a) In addition to the rights granted to victims and witnesses in section § 203, a victim of a crime against the person has a right to request advance notice of the offender’s release from custody. Initially, the court shall notify the Virgin Islands Police Department-Office of V…
34 V.I.C. § 204 Cause of action not created
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Nothing in section 203 of this chapter shall create a cause of action on behalf of any person against any Territorial or Federal Government employee or agency or the Government of the United States Virgin Islands or the United States of America or any agency responsible for the r…
34 V.I.C. § 205 Victim impact statement
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(a) The provisions of this section shall govern the disposition of any criminal offense within the jurisdiction of the Superior Court in any case which involves an identified victim whose whereabouts are known. (b) It is the responsibility of the prosecutor's victim or witness as…
34 V.I.C. § 206 Medical examination of victims of sexual assault; costs
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(a) The Government of the Virgin Islands shall pay for forensic medical examinations conducted on victims, including a child victim of rape, or unlawful sexual contact in any degree, without regard to whether the victim cooperates with law enforcement, or has health insurance. (b…
34 V.I.C. § 251 Purpose
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It is the purpose of the Virgin Islands to provide vocational rehabilitation services to physically handicapped individuals of the Virgin Islands so that they may prepare for and engage in useful and remunerative occupations to the extent of their capabilities, thus increasing th…
34 V.I.C. § 252 Definitions
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(1) For the purposes of this chapter—“maintenance” means payments to cover the handicapped individual's basic living expenses, such as food, shelter, clothing, health maintenance, and other subsistence expenses essential to achieving the individual's vocational rehabilitation obj…
34 V.I.C. § 253 Administration of program
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The Department of Human Services shall be the sole agency for the administration, in the Virgin Islands, of the vocational rehabilitation program provided for by this chapter, and by the Federal Vocational Rehabilitation Act and all acts of Congress amendatory thereof or suppleme…