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Code of Virginia

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Code of Virginia
Title 63.2. Welfare (Social Services)
Subtitle VI. Grant Programs and Funds
Chapter 21. Family and Children's Trust Fund
12/30/2024

Chapter 21. Family and Children's Trust Fund.

§ 63.2-2100. Family and Children's Trust Fund; public purpose; exempt from taxation.

A. There is hereby created the Family and Children's Trust Fund (the Trust Fund). The exercise of powers granted under this chapter shall be in all respects for the benefit of the citizens of the Commonwealth and for the support and development of services for the prevention and treatment of child abuse and neglect and violence within families. This goal shall be achieved through public and private collaboration.

B. The Trust Fund will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. Gifts, contributions, grants, devises, and bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund, shall be deemed to be gifts to the Commonwealth, which shall be exempt from all state and local taxes, and shall be regarded as the property of the Commonwealth for the purposes of all tax laws.

1986, c. 416, § 63.1-326; 2002, c. 747; 2012, cc. 803, 835; 2016, cc. 110, 627.

§ 63.2-2101. Members of Board of Trustees; terms; vacancies; meetings.

A. The Family and Children's Trust Fund shall be administered by a Board of Trustees. The Board of Trustees shall consist of 15 appointed members and one ex officio member. The 15 appointed members shall consist of six nonlegislative citizen members appointed by the Governor and subject to confirmation by the General Assembly, five nonlegislative citizen members appointed by the Speaker of the House of Delegates, and four nonlegislative citizen members appointed by the Senate Committee on Rules. The Board members shall represent the Commonwealth at large and shall have knowledge and experience in child abuse and neglect, adult abuse and neglect, and domestic violence programs, finance and fiscal management, appointment as a guardian ad litem, social work with affected youth and families, youth policy, and other related areas. The Commissioner or his designee shall serve ex officio with nonvoting privileges. The Board shall elect a chairman. Board members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided by §§ 2.2-2813 and 2.2-2825. Such expenses shall be paid from funds appropriated to the Department.

B. All appointments shall be for terms of four years. Appointments to fill vacancies other than by expiration of term shall be for the unexpired term. No member shall be eligible to serve more than two successive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy other than by expiration of term shall not constitute a term in determining the member's eligibility for reappointment.

C. The Board shall meet as frequently as necessary to fulfill its duties but not less than once a year.

1986, c. 416, §§ 63.1-327, 63.1-328; 2002, c. 747; 2024, c. 427.

§ 63.2-2102. Powers and duties of the Board of Trustees.

The Board of Trustees shall have the authority to:

1. Encourage, approve, and accept gifts, contributions, bequests, or grants in cash or otherwise from any source, public or private, to carry out the purposes of the Family and Children's Trust Fund;

2. Administer and disburse any funds available to the Family and Children's Trust Fund;

3. Engage in fundraising activities to expand and perpetuate the Family and Children's Trust Fund;

4. Establish a nonprofit organization to assist in the details of administering its affairs and in raising funds;

5. Monitor the use of funds to ensure the accountability of the recipients of funds;

6. Advise the Department, the Board of Social Services, and the Governor on matters concerning programs for the prevention of child abuse and neglect and family violence, the treatment of abused and neglected children and their families, and such other issues related to child abuse and neglect and family violence as identified by the Commissioner;

7. Communicate to the Departments of Behavioral Health and Developmental Services, Corrections, Criminal Justice Services, Education, Health, and Juvenile Justice, other state agencies as appropriate, and the Attorney General activities of the Board of Trustees related to efforts to prevent and treat child abuse and neglect and violence within families;

8. Encourage public awareness activities concerning child abuse and neglect and violence within families;

9. Adopt bylaws and other internal rules for the efficient management of the Family and Children's Trust Fund; and

10. Administer all matters necessary and convenient to carry out the powers and duties expressly given in this chapter.

1986, c. 416, § 63.1-329; 2002, c. 747; 2012, cc. 803, 835; 2024, c. 427.

§ 63.2-2103. Management of the Family and Children's Trust Fund; counsel.

A. All funds received by the Family and Children's Trust Fund shall be paid to the treasury of Virginia, which shall be custodian of the Family and Children's Trust Fund. Such funds shall be set aside as a separate fund and shall be managed by the Treasurer of Virginia at the discretion of the Board of Trustees. The net earnings of the Trust Fund shall not inure to the benefit of any private person or entity, except that the Board of Trustees may authorize payment of reasonable compensation for goods provided and services rendered and may authorize disbursements in furtherance of the purpose set forth in § 63.2-2100. The Trust Fund or Board of Trustees shall not carry on propaganda, or otherwise attempt, to influence legislation as a substantial part of its activities; and it shall not participate or intervene, by publishing or distributing statements or by other means, in any political campaign on behalf of any candidate for public office. If the Trust Fund is dissolved, any assets remaining after payment, or provision for payment, of all claims against it shall be distributed to the Commonwealth for public purposes.

B. Legal services for the Board of Trustees shall be provided by the Attorney General in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2.

1986, c. 416, § 63.1-330; 2002, c. 747; 2024, c. 427.