2006 Code of Virginia § 37.2-504 - Community services boards; local government departments; powers and duties

37.2-504. Community services boards; local government departments; powersand duties.

A. Every operating and administrative policy community services board andlocal government department with a policy-advisory board shall have thefollowing powers and duties:

1. Review and evaluate public and private community mental health, mentalretardation, and substance abuse services and facilities that receive fundsfrom it and advise the governing body of each city or county that establishedit as to its findings.

2. Pursuant to 37.2-508, submit to the governing body of each city orcounty that established it an annual performance contract for communitymental health, mental retardation, and substance abuse services for itsapproval prior to submission of the contract to the Department.

3. Within amounts appropriated for this purpose, provide services authorizedunder the performance contract.

4. In accordance with its approved performance contract, enter into contractswith other providers for the delivery of services or operation of facilities.

5. In the case of operating and administrative policy boards, make policiesor regulations concerning the delivery of services and operation offacilities under its direction or supervision, subject to applicable policiesand regulations adopted by the Board.

6. In the case of an operating board, appoint an executive director ofcommunity mental health, mental retardation, and substance abuse services,who meets the minimum qualifications established by the Department, andprescribe his duties. The compensation of the executive director shall befixed by the operating board within the amounts made available byappropriation for this purpose. The executive director shall serve at thepleasure of the operating board and be employed under an annually renewablecontract that contains performance objectives and evaluation criteria. For anoperating board, the Department shall approve the selection of the executivedirector for adherence to minimum qualifications established by theDepartment and the salary range of the executive director. In the case of anadministrative policy board, the board shall participate with localgovernment in the appointment and annual performance evaluation of anexecutive director of community mental health, mental retardation, andsubstance abuse services, who meets the minimum qualifications established bythe Department, and prescribe his duties. The compensation of the executivedirector shall be fixed by local government in consultation with theadministrative policy board within the amounts made available byappropriation for this purpose. In the case of a local government departmentwith a policy-advisory board, the director of the local government departmentshall serve as the executive director. The policy-advisory board shallparticipate in the selection and the annual performance evaluation of theexecutive director, who meets the minimum qualifications established by theDepartment. The compensation of the executive director shall be fixed bylocal government in consultation with the policy-advisory board within theamounts made available by appropriation for this purpose.

7. Prescribe a reasonable schedule of fees for services provided by personnelor facilities under the jurisdiction or supervision of the board andestablish procedures for the collection of those fees. All fees collectedshall be included in the performance contract submitted to the localgoverning body or bodies pursuant to subdivision 2 of this section and 37.2-508 and shall be used only for community mental health, mentalretardation, and substance abuse purposes. Every board shall institute areimbursement system to maximize the collection of fees from personsreceiving services under its jurisdiction or supervision, consistent with theprovisions of 37.2-511, and from responsible third party payors. Boardsshall not attempt to bill or collect fees for time spent participating incommitment hearings for involuntary admissions pursuant to Article 5 (37.2-814 et seq.) of Chapter 8.

8. Accept or refuse gifts, donations, bequests, or grants of money orproperty from any source and utilize them as authorized by the governing bodyof each city or county that established it.

9. Seek and accept funds through federal grants. In accepting federal grants,the board shall not bind the governing body of any city or county thatestablished it to any expenditures or conditions of acceptance without theprior approval of the governing body.

10. Notwithstanding any provision of law to the contrary, disburse fundsappropriated to it in accordance with such regulations as may be establishedby the governing body of each city or county that established it.

11. Apply for and accept loans as authorized by the governing body of eachcity or county that established it.

12. Develop joint written agreements, consistent with policies adopted by theBoard, with local school divisions; health departments; boards of socialservices; housing agencies, where they exist; courts; sheriffs; area agencieson aging; and regional Department of Rehabilitative Services offices. Theagreements shall specify the services to be provided to consumers. Allparticipating agencies shall develop and implement the agreements and shallreview the agreements annually.

13. Develop and submit to the Department the necessary information for thepreparation of the Comprehensive State Plan for mental health, mentalretardation, and substance abuse services pursuant to 37.2-315.

14. Take all necessary and appropriate actions to maximize the involvementand participation of consumers and family members of consumers in policyformulation and services planning, delivery, and evaluation.

15. Institute, singly or in combination with other community services boardsor behavioral health authorities, a dispute resolution mechanism that isapproved by the Department and enables consumers and family members ofconsumers to resolve concerns, issues, or disagreements about serviceswithout adversely affecting their access to or receipt of appropriate typesand amounts of current or future services from the community services board.

16. Notwithstanding the provisions of 37.2-400 or any regulations adoptedthereunder, release data and information about individual consumers to theDepartment so long as the Department implements procedures to protect theconfidentiality of that data and information.

17. In the case of administrative policy boards and local governmentdepartments with policy-advisory boards, carry out other duties andresponsibilities as assigned by the governing body of each city or countythat established it.

18. In the case of operating boards, have authority, notwithstanding anyprovision of law to the contrary, to receive state and federal funds directlyfrom the Department and act as its own fiscal agent, when authorized to do soby the governing body of each city or county that established it.

By local agreement between the administrative policy board and the governingbody of the city or county that established it, additional responsibilitiesmay be carried out by the local government, including personnel or financialmanagement. In the case of an administrative policy board established by morethan one city or county, the cities and counties shall designate which localgovernment shall assume these responsibilities.

B. Every policy-advisory community services board, with staff supportprovided by the director of the local government department, shall have thefollowing powers and duties:

1. Advise the local government regarding policies or regulations for thedelivery of services and operation of facilities by the local governmentdepartment, subject to applicable policies and regulations adopted by theBoard.

2. Review and evaluate the operations of the local government department andadvise the local governing body of each city or county that established it asto its findings.

3. Review the community mental health, mental retardation, and substanceabuse services provided by the local government department and advise thelocal governing body of each city or county that established it as to itsfindings.

4. Review and comment on the annual performance contract, performancereports, and Comprehensive State Plan information developed by the localgovernment department. The board's comments shall be attached to theperformance contract, performance reports, and Comprehensive State Planinformation prior to their submission to the local governing body of eachcity or county that established it and to the Department.

5. Advise the local government as to the necessary and appropriate actions tomaximize the involvement and participation of consumers and family members ofconsumers in policy formulation and services planning, delivery, andevaluation.

6. Participate in the selection and the annual performance evaluation of thelocal government department director employed by the city or county.

7. Carry out other duties and responsibilities as assigned by the governingbody of each city or county that established it.

(1968, c. 477, 37.1-197; 1970, c. 346; 1972, c. 498; 1976, c. 671; 1977, c.191; 1980, c. 582; 1982, c. 50; 1984, cc. 496, 505; 1986, c. 92; 1987, c. 79;1995, c. 844; 1998, c. 680; 2005, cc. 75, 716.)