Code of Virginia

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Code of Virginia
Title 51.5. Persons with Disabilities
Chapter 14. Department for Aging and Rehabilitative Services
10/18/2021

Article 4. Adult Services.

§ 51.5-144. Definitions.

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

"Adult" means an individual who is 18 years of age or older, or under the age of 18 years if legally emancipated.

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

"Adult services" means services that are provided by local departments of social services to an adult with an impairment.

"Adult with an impairment" means an adult whose physical or mental capacity is diminished to the extent that he needs counseling or supervisory assistance or assistance with activities of daily living or instrumental activities of daily living.

2012, cc. 803, 835.

§ 51.5-145. Responsibility of the Department for adult services.

The Department shall have responsibility for the planning and oversight of adult services in the Commonwealth. Services shall be delivered by local departments of social services, as set out in Article 1 (§ 63.2-1600 et seq.) of Chapter 16 of Title 63.2, and pursuant to regulations and subject to the oversight of the Commissioner.

2012, cc. 803, 835.

§ 51.5-146. Adult services.

Adult services provided by the Department together with local departments of social services shall include:

1. Home-based services, including homemaker, companion, or chore services, which will allow individuals to attain or maintain self-care and are likely to prevent or reduce dependency, to the extent that federal or state matching funds are made available for such purpose;

2. Adult foster care, including recruitment, approval, and supervision of adult foster care homes;

3. Participation in nursing home pre-admission screenings of all individuals pursuant to § 32.1-330;

4. Provision of assisted living facility assessments of residents and applicants pursuant to § 63.2-1804;

5. Participation in long-term care service coordination pursuant to § 51.5-138;

6. Provision of social services or public assistance as defined in § 63.2-100, as appropriate, to consumers discharged from state hospitals or training centers pursuant to §§ 37.2-505 and 37.2-837; and

7. Participation in such other services or programs as may be required pursuant to state or federal law.

2012, cc. 803, 835.

§ 51.5-147. Appeal to Commissioner regarding home-based and adult foster care services.

Any applicant for or recipient of home-based and adult foster care services aggrieved by any decision of a local board in granting, denying, changing, or discontinuing services may, within 30 days after receiving written notice of such decision, appeal therefrom to the Commissioner. Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for review by the Commissioner. The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review. The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to the testimony of witnesses, or other evidence produced at the hearing, reports of investigation of the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts which the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

2012, cc. 803, 835.