Title 63.2, Welfare (Social Services)

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, 16.1-283, or 20-107.2, an out-of-court statement made by a child 14 years of age or younger at the time the statement is offe…

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, 16.1-283, or 20-107.2, a recording of a statement of the alleged victim of the offense, made prior to the proceeding, may be …

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.

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.

A. A person who is suspected of or is found to have committed abuse or neglect may, within 30 days of being notified of that determination, request the local department rendering such determination to amend the determination and the local department's related records. Upon writte…

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 establishe…

A. The Virginia Child Protection Accountability System (the System) is created to collect and make available to the public information on the response to reported cases of child abuse and neglect in the Commonwealth. The Department shall establish and maintain the System. The Boa…

For the purposes of this article, unless the context requires a different meaning: "Alternative living arrangement" means an arrangement whereby custody of a child is temporarily transferred to a caregiver in conjunction with an alternative living arrangement service plan. "Alter…

The Parental Child Safety Placement Program is established to prevent unnecessary entry into foster care by promoting and supporting placements with relatives and fictive kin and requiring accountability for pre-court placements of children. A local department may facilitate a pa…

A. A parental child safety placement agreement shall include provisions describing the following: 1. The facts and circumstances that provide the basis for the safety assessment indicating that the child cannot remain safely in the home; 2. The responsibilities of the child's par…

A. The local department shall assess the proposed caregiver and determine whether the proposed caregiver (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ab…

A. Prior to the conclusion of a parental child safety placement agreement, the local department shall reassess the safety of the child if the child were to be returned home. B. If it is determined that the child can be safely returned home prior to or at the conclusion of the par…

A. Nothing herein shall be deemed to prohibit the local department from seeking any other appropriate court action at any time to protect the health and welfare of the child. B. Nothing herein shall be deemed to prohibit a caregiver or other person with a legitimate interest from…

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 wit…

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 (§ 51.5-14…

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…

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 al…

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, how…

A. Each local board, to the extent that federal or state matching funds are made available to each locality, shall provide, pursuant to regulations and subject to supervision of the Commissioner for Aging and Rehabilitative Services, adult protective services for adults who are f…

A. Matters giving reason to suspect the abuse, neglect or exploitation of adults shall be reported immediately upon the reporting person's determination that there is such reason to suspect. Medical facilities inspectors of the Department of Health are exempt from reporting suspe…

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 sha…

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 …

A. Upon petition by the local department to the circuit court, the court may issue an order authorizing the provision of adult protective services on an emergency basis to an adult after finding on the record, based on a preponderance of the evidence, that: 1. The adult is incapa…

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 ad…

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 o…

It shall be the responsibility of the Department, to the extent funds are appropriated by the General Assembly or otherwise made available: 1. To support, strengthen, evaluate, and monitor community-based domestic violence programs funded by the Department and to act as the admin…

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.

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 …

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 …

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 centers, and child welfare agencies. Such schedules shall specify minimum and maximum fees and, where approp…

A. As used in this section, "person" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealt…

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 corporatio…

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 s…

A. Buildings licensed as assisted living facilities, adult day 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 facilit…

A. Applicants for licensure and licensees shall at all times afford the Commissioner reasonable opportunity to inspect all of their facilities, books and records, and to interview their agents and employees and any person living or participating in such facilities, or under their…

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.

A. Upon completion of his investigation, the Commissioner shall issue an appropriate license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the residents, participants, …

Every licensed assisted living facility, licensed adult day center, or licensed child welfare agency shall keep such records and make such reports to the Commissioner as he may require. The forms to be used in the making of such reports shall be prescribed and furnished by the Co…

A. Upon receipt and verification by the Commissioner of information from any source indicating an imminent and substantial risk of harm to residents, the Commissioner may require an assisted living facility to contract with an individual licensed by the Board of Long-Term Care Ad…

A. The Commissioner may revoke or deny the renewal of the license of any child welfare agency that violates any provision of this subtitle or fails to comply with the limitations and standards set forth in its license. B. Pursuant to the procedures set forth in subsection C and i…

A. Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019, the Commissioner may issue a special order (i) for violation of any of the provisions of this subtitle, § 54.1-3408, or any regulation adopted under any provision of this subtitle whi…

A. To the extent allowed by federal law, no private child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's writ…

A. Whenever the Commissioner refuses to issue a license or to renew a license or revokes a license for an assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth, the provisions of § 63.2-1710.2 shall apply. Whenever the Commi…

Whenever the Commissioner issues a summary order of suspension of the license to operate an assisted living facility, group home, or child welfare agency operated by an agency of the Commonwealth: 1. Before such summary order of suspension shall take effect, the Commissioner shal…

An assisted living facility, adult day center, or child welfare agency operated by an agency of the Commonwealth shall have the right to appeal any notice of intent as follows: 1. Within 30 days after receiving a notice of intent to impose a sanction, the licensee shall request i…

Any circuit court having jurisdiction in the county or city where the principal office of any assisted living facility, adult day center or child welfare agency is located shall, at the suit of the Commissioner, have jurisdiction to enjoin its operation without a license required…