2006 Code of Virginia § 63.2-100 - Definitions

63.2-100. Definitions.

As used in this title, unless the context requires a different meaning:

"Abused or neglected child" means any child less than 18 years of age:

1. Whose parents or other person responsible for his care creates orinflicts, threatens to create or inflict, or allows to be created orinflicted upon such child a physical or mental injury by other thanaccidental means, or creates a substantial risk of death, disfigurement, orimpairment of bodily or mental functions, including but not limited to, achild who is with his parent or other person responsible for his care either(i) during the manufacture or attempted manufacture of a Schedule I or IIcontrolled substance, or (ii) during the unlawful sale of such substance bythat child's parents or other person responsible for his care, where suchmanufacture, or attempted manufacture or unlawful sale would constitute afelony violation of 18.2-248;

2. Whose parents or other person responsible for his care neglects or refusesto provide care necessary for his health. However, no child who in good faithis under treatment solely by spiritual means through prayer in accordancewith the tenets and practices of a recognized church or religiousdenomination shall for that reason alone be considered to be an abused orneglected child;

3. Whose parents or other person responsible for his care abandons such child;

4. Whose parents or other person responsible for his care commits or allowsto be committed any act of sexual exploitation or any sexual act upon a childin violation of the law;

5. Who is without parental care or guardianship caused by the unreasonableabsence or the mental or physical incapacity of the child's parent, guardian,legal custodian or other person standing in loco parentis; or

6. Whose parents or other person responsible for his care creates asubstantial risk of physical or mental injury by knowingly leaving the childalone in the same dwelling, including an apartment as defined in 55-79.2,with a person to whom the child is not related by blood or marriage and whothe parent or other person responsible for his care knows has been convictedof an offense against a minor for which registration is required as a violentsexual offender pursuant to 9.1-902.

If a civil proceeding under this title is based solely on the parent havingleft the child at a hospital or rescue squad, it shall be an affirmativedefense that such parent safely delivered the child to a hospital thatprovides 24-hour emergency services or to an attended rescue squad thatemploys emergency medical technicians, within 14 days of the child's birth.For purposes of terminating parental rights pursuant to 16.1-283 andplacement for adoption, the court may find such a child is a neglected childupon the ground of abandonment.

"Adoptive home" means any family home selected and approved by a parent,local board or a licensed child-placing agency for the placement of a childwith the intent of adoption.

"Adoptive placement" means arranging for the care of a child who is in thecustody of a child-placing agency in an approved home for the purpose ofadoption.

"Adult abuse" means the willful infliction of physical pain, injury ormental anguish or unreasonable confinement of an adult.

"Adult day care center" means any facility that is either operated forprofit or that desires licensure and that provides supplementary care andprotection during only a part of the day to four or more aged, infirm ordisabled adults who reside elsewhere, except (i) a facility or portion of afacility licensed by the State Board of Health or the Department of MentalHealth, Mental Retardation and Substance Abuse Services, and (ii) the home orresidence of an individual who cares for only persons related to him by bloodor marriage. Included in this definition are any two or more places,establishments or institutions owned, operated or controlled by a singleentity and providing such supplementary care and protection to a combinedtotal of four or more aged, infirm or disabled adults.

"Adult exploitation" means the illegal use of an incapacitated adult or hisresources for another's profit or advantage.

"Adult foster care" means room and board, supervision, and special servicesto an adult who has a physical or mental condition. Adult foster care may beprovided by a single provider for up to three adults.

"Adult neglect" means that an adult is living under such circumstances thathe is not able to provide for himself or is not being provided servicesnecessary to maintain his physical and mental health and that the failure toreceive such necessary services impairs or threatens to impair his well-being.

"Adult protective services" means services provided by the local departmentthat are necessary to protect an adult from abuse, neglect or exploitation.

"Assisted living care" means a level of service provided by an assistedliving facility for adults who may have physical or mental impairments andrequire at least a moderate level of assistance with activities of dailyliving.

"Assisted living facility" means any congregate residential setting thatprovides or coordinates personal and health care services, 24-hoursupervision, and assistance (scheduled and unscheduled) for the maintenanceor care of four or more adults who are aged, infirm or disabled and who arecared for in a primarily residential setting, except (i) a facility orportion of a facility licensed by the State Board of Health or the Departmentof Mental Health, Mental Retardation and Substance Abuse Services, butincluding any portion of such facility not so licensed; (ii) the home orresidence of an individual who cares for or maintains only persons related tohim by blood or marriage; (iii) a facility or portion of a facility servinginfirm or disabled persons between the ages of 18 and 21, or 22 if enrolledin an educational program for the handicapped pursuant to 22.1-214, whensuch facility is licensed by the Department as a children's residentialfacility under Chapter 17 ( 63.2-1700 et seq.) of this title, but includingany portion of the facility not so licensed; and (iv) any housing project forpersons 62 years of age or older or the disabled that provides no more thanbasic coordination of care services and is funded by the U.S. Department ofHousing and Urban Development, by the U.S. Department of Agriculture, or bythe Virginia Housing Development Authority. Included in this definition areany two or more places, establishments or institutions owned or operated by asingle entity and providing maintenance or care to a combined total of fouror more aged, infirm or disabled adults. Maintenance or care means theprotection, general supervision and oversight of the physical and mentalwell-being of an aged, infirm or disabled individual.

"Auxiliary grants" means cash payments made to certain aged, blind ordisabled individuals who receive benefits under Title XVI of the SocialSecurity Act, as amended, or would be eligible to receive these benefitsexcept for excess income.

"Birth family" or "birth sibling" means the child's biological family orbiological sibling.

"Birth parent" means the child's biological parent and, for purposes ofadoptive placement, means parent(s) by previous adoption.

"Board" means the State Board of Social Services.

"Child" means any natural person under 18 years of age.

"Child day center" means a child day program offered to (i) two or morechildren under the age of 13 in a facility that is not the residence of theprovider or of any of the children in care or (ii) 13 or more children at anylocation.

"Child day program" means a regularly operating service arrangement forchildren where, during the absence of a parent or guardian, a person ororganization has agreed to assume responsibility for the supervision,protection, and well-being of a child under the age of 13 for less than a24-hour period.

"Child-placing agency" means any person who places children in fosterhomes, adoptive homes or independent living arrangements pursuant to 63.2-1819 or a local board that places children in foster homes or adoptivehomes pursuant to 63.2-900, 63.2-903 and 63.2-1221. Officers, employees,or agents of the Commonwealth, or any locality acting within the scope oftheir authority as such, who serve as or maintain a child-placing agency,shall not be required to be licensed.

"Child-protective services" means the identification, receipt and immediateresponse to complaints and reports of alleged child abuse or neglect forchildren under 18 years of age. It also includes assessment, and arrangingfor and providing necessary protective and rehabilitative services for achild and his family when the child has been found to have been abused orneglected or is at risk of being abused or neglected.

"Child support services" means any civil, criminal or administrative actiontaken by the Division of Child Support Enforcement to locate parents;establish paternity; and establish, modify, enforce, or collect childsupport, or child and spousal support.

"Child-welfare agency" means a child day center, child-placing agency,children's residential facility, family day home, family day system, orindependent foster home.

"Children's residential facility" means any facility, child-caringinstitution, or group home that is maintained for the purpose of receivingchildren separated from their parents or guardians for full-time care,maintenance, protection and guidance, or for the purpose of providingindependent living services to persons between 18 and 21 years of age who arein the process of transitioning out of foster care. Children's residentialfacility shall not include:

1. A licensed or accredited educational institution whose pupils, in theordinary course of events, return annually to the homes of their parents orguardians for not less than two months of summer vacation;

2. An establishment required to be licensed as a summer camp by 35.1-18; and

3. A licensed or accredited hospital legally maintained as such.

"Commissioner" means the Commissioner of the Department, his designee orauthorized representative.

"Department" means the State Department of Social Services.

"Department of Health and Human Services" means the Department of Healthand Human Services of the United States government or any department oragency thereof that may hereafter be designated as the agency to administerthe Social Security Act, as amended.

"Disposable income" means that part of the income due and payable of anyindividual remaining after the deduction of any amount required by law to bewithheld.

"Energy assistance" means benefits to assist low-income households withtheir home heating and cooling needs, including, but not limited to, purchaseof materials or substances used for home heating, repair or replacement ofheating equipment, emergency intervention in no-heat situations, purchase orrepair of cooling equipment, and payment of electric bills to operate coolingequipment, in accordance with 63.2-805, or provided under the VirginiaEnergy Assistance Program established pursuant to the Low-Income Home EnergyAssistance Act of 1981 (Title XXVI of Public Law 97-35), as amended.

"Family day home" means a child day program offered in the residence of theprovider or the home of any of the children in care for one through 12children under the age of 13, exclusive of the provider's own children andany children who reside in the home, when at least one child receives carefor compensation. The provider of a licensed or registered family day homeshall disclose to the parents or guardians of children in their care thepercentage of time per week that persons other than the provider will carefor the children. Family day homes serving six through 12 children, exclusiveof the provider's own children and any children who reside in the home, shallbe licensed. However, no family day home shall care for more than fourchildren under the age of two, including the provider's own children and anychildren who reside in the home, unless the family day home is licensed orvoluntarily registered. However, a family day home where the children in careare all grandchildren of the provider shall not be required to be licensed.

"Family day system" means any person who approves family day homes asmembers of its system; who refers children to available family day homes inthat system; and who, through contractual arrangement, may provide centraladministrative functions including, but not limited to, training of operatorsof member homes; technical assistance and consultation to operators of memberhomes; inspection, supervision, monitoring, and evaluation of member homes;and referral of children to available health and social services.

"Foster care placement" means placement of a child through (i) an agreementbetween the parents or guardians and the local board or the public agencydesignated by the community policy and management team where legal custodyremains with the parents or guardians or (ii) an entrustment or commitment ofthe child to the local board or licensed child-placing agency.

"Foster home" means the place of residence of any natural person in whichany child, other than a child by birth or adoption of such person, resides asa member of the household.

"General relief" means money payments and other forms of relief made tothose persons mentioned in 63.2-802 in accordance with the regulations ofthe Board and reimbursable in accordance with 63.2-401.

"Independent foster home" means a private family home in which any child,other than a child by birth or adoption of such person, resides as a memberof the household and has been placed therein independently of a child-placingagency except (i) a home in which are received only children related by birthor adoption of the person who maintains such home and children of personalfriends of such person and (ii) a home in which is received a child orchildren committed under the provisions of subdivision A 4 of 16.1-278.2,subdivision 6 of 16.1-278.4, or subdivision A 13 of 16.1-278.8.

"Independent living" means a program of services and activities forchildren in foster care who are 16 years of age or older, and persons who areformer foster care children between the ages of 18 and 21, that prepares themfor the successful transition from foster care to self sufficiency.

"Independent living placement" means placement of a child at least 16 yearsof age who is in the custody of a local board or licensed child-placingagency and has been placed by the local board or licensed child-placingagency in a living arrangement in which he does not have daily substituteparental supervision.

"Independent physician" means a physician who is chosen by the resident ofthe assisted living facility and who has no financial interest in theassisted living facility, directly or indirectly, as an owner, officer, oremployee or as an independent contractor with the residence.

"Intercountry placement" means the arrangement for the care of a child inan adoptive home or foster care placement into or out of the Commonwealth bya licensed child-placing agency, court, or other entity authorized to makesuch placements in accordance with the laws of the foreign country underwhich it operates.

"Interstate placement" means the arrangement for the care of a child in anadoptive home, foster care placement or in the home of the child's parent orwith a relative or nonagency guardian, into or out of the Commonwealth, by achild-placing agency or court when the full legal right of the child's parentor nonagency guardian to plan for the child has been voluntarily terminatedor limited or severed by the action of any court.

"Kinship care" means the full-time care, nurturing, and protection ofchildren by relatives.

"Local board" means the local board of social services representing one ormore counties or cities.

"Local department" means the local department of social services of anycounty or city in this Commonwealth.

"Local director" means the director or his designated representative of thelocal department of the city or county.

"Merit system plan" means those regulations adopted by the Board in thedevelopment and operation of a system of personnel administration meetingrequirements of the federal Office of Personnel Management.

"Parental placement" means locating or effecting the placement of a childor the placing of a child in a family home by the child's parent or legalguardian for the purpose of foster care or adoption.

"Public assistance" means Temporary Assistance for Needy Families (TANF);auxiliary grants to the aged, blind and disabled; medical assistance; energyassistance; food stamps; employment services; child care; and general relief.

"Qualified assessor" means an entity contracting with the Department ofMedical Assistance Services to perform nursing facility pre-admissionscreening or to complete the uniform assessment instrument for a home andcommunity-based waiver program, including an independent physiciancontracting with the Department of Medical Assistance Services to completethe uniform assessment instrument for residents of assisted livingfacilities, or any hospital that has contracted with the Department ofMedical Assistance Services to perform nursing facility pre-admissionscreenings.

"Registered family day home" means any family day home that has met thestandards for voluntary registration for such homes pursuant to regulationsadopted by the Board and that has obtained a certificate of registration fromthe Commissioner.

"Residential living care" means a level of service provided by an assistedliving facility for adults who may have physical or mental impairments andrequire only minimal assistance with the activities of daily living. Thedefinition of "residential living care" includes the services provided byindependent living facilities that voluntarily become licensed.

"Social services" means foster care, adoption, adoption assistance, adultservices, adult protective services, child-protective services, domesticviolence services, or any other services program implemented in accordancewith regulations adopted by the Board.

"Special order" means an order imposing an administrative sanction issuedto any party licensed pursuant to this title by the Commissioner that has astated duration of not more than 12 months. A special order shall beconsidered a case decision as defined in 2.2-4001.

"Temporary Assistance for Needy Families" or "TANF" means the programadministered by the Department through which a relative can receive monthlycash assistance for the support of his eligible children.

"Temporary Assistance for Needy Families-Unemployed Parent" or "TANF-UP"means the Temporary Assistance for Needy Families program for families inwhich both natural or adoptive parents of a child reside in the home andneither parent is exempt from the Virginia Initiative for Employment NotWelfare (VIEW) participation under 63.2-609.

"Title IV-E Foster Care" means a federal program authorized under 472and 473 of the Social Security Act, as amended, and administered by theDepartment through which foster care is provided on behalf of qualifyingchildren.

(Code 1950, 63-101, 63-222, 63-232, 63-347, 63-351; 1954, cc. 259, 290,489; 1956, cc. 300, 641; 1960, cc. 331, 390; 1962, cc. 297, 603; 1966, c.423; 1968, cc. 578, 585, 63.1-87, 63.1-172, 63.1-195, 63.1-220; 1970, c.721; 1972, cc. 73, 540, 718; 1973, c. 227; 1974, cc. 44, 45, 413, 415, 63.1-250; 1975, cc. 287, 299, 311, 341, 437, 507, 524, 528, 596, 63.1-238.1, 63.1-248.2; 1976, cc. 357, 649; 1977, cc. 105, 241, 532, 547,559, 567, 634, 645, 63.1-55.2, 63.1-55.8; 1978, cc. 536, 730, 749, 750;1979, c. 483; 1980, cc. 40, 284; 1981, cc. 75, 123, 359; 1983, c. 66; 1984,cc. 74, 76, 498, 535, 781; 1985, cc. 17, 285, 384, 488, 518; 1986, cc. 80,281, 308, 437, 594; 1987, cc. 627, 650, 681; 1988, c. 906; 1989, cc. 307,647; 1990, c. 760; 1991, cc. 534, 595, 651, 694; 1992 c. 356, 63.1-194.1;1993, cc. 730, 742, 957, 993, 63.1-196.001; 1994, cc. 107, 837, 865, 940;1995, cc. 401, 520, 649, 772, 826; 1997, cc. 796, 895; 1998, cc. 115, 126,397, 552, 727, 850; 1999, c. 454; 2000, cc. 61, 290, 500, 830, 845, 1058, 63.1-219.7; 2002, c. 747; 2003, c. 467; 2004, cc. 70, 196, 245, 753, 814;2006, c. 868.)