Virginia Law

Article 2. Local Departments and Local Directors of Social Services.

There shall be a local department of social services for each county or city under the supervision and management of a local director. However, two or more counties, cities, or any combination thereof, whether having separate local boards or a district board, may unite to establish a local department of social services and appoint a local director of social services to administer this title in such counties and cities, in which case such local director shall be the local director for each such county and city and the expenses incident to such local department shall be divided in such manner as the respective governing bodies provide by agreement.

Code 1950, §§ 63-75, 63-75.1; 1952, c. 409; 1968, c. 578, § 63.1-59; 2002, c. 747.

Subject to the personnel standards and regulations of the Board, the local director shall be appointed by the local board, or, where the city charter or statutes relating to special forms of city or county government designate some other appointing authority, then by such other appointing authority, from a list of eligibles furnished by the Commissioner. Subject to the personnel standards, and regulations of the Board, the local boards or other appointing authority shall employ, or authorize the local director to employ, such other employees as may be required by the Commissioner to administer this title in the county or city.

Code 1950, §§ 63-76, 63-77; 1968, c. 578, § 63.1-60; 2002, c. 747.

A. The local board shall require all employees, contractors, or final candidates for employment within the local department who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual's fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department shall conduct a criminal background check for any individual:

1. Who is responsible for the health, safety, and welfare of citizens;

2. With access to sensitive or confidential information, including access to federal tax information, in approved exchange agreements with the Internal Revenue Service or Social Security Administration; or

3. Who is otherwise required by state or federal law or local ordinance to be subject to criminal background checks.

The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists for that individual, shall make a report to the local board or local director.

B. Individuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child abuse and neglect database maintained by another jurisdiction. The Central Registry or other child abuse and neglect database shall report the results of such search to:

1. The local board or its designee if the search request concerns a local director or an applicant for local director; or

2. The local director if the search request concerns any other employment position at the local department.

C. No local department shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person's past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person's last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

D. If a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the employee or contractor that such information contributed to the suitability determination.

E. At the Commissioner's request, the local department shall provide any background check information obtained pursuant to this section to the Commissioner. Further dissemination of such information is prohibited by anyone other than the Commissioner or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

2024, c. 555.

The local director and other employees shall serve at the pleasure of the local board, or other appointing authority, subject to the provisions of the merit system plan as defined in § 63.2-100. If other employees are employed by the local director, they shall serve at the pleasure of the local director, within the provisions of the merit system plan.

Code 1950, § 63-78; 1960, c. 207; 1968, c. 578, § 63.1-61; 1994, c. 82; 2002, c. 747.

Any local director and any such employee who does not meet the personnel standards established by the Board may be removed by the Commissioner.

Code 1950, § 63-79; 1968, c. 578, § 63.1-62; 1970, c. 721; 2002, c. 747.

Before entering upon the discharge of his duties, every local director shall enter bond with surety to be approved by the court or judge, in such sum as the court or judge may fix, conditioned upon the faithful discharge of his duties.

Code 1950, § 63-81; 1968, c. 578, § 63.1-64; 2002, c. 747.

Every employee duly authorized to certify payments to be made or authorized to draw warrants on the treasurer or other fiscal officer shall, before entering upon the discharge of his duties, enter into a bond with surety to be approved by the judge of the circuit court of the county or city in such sum as the judge may fix, conditioned upon the faithful discharge of his duties. However, such sum shall be at least fifteen percent of the annual gross expenditures of the agency less nonrecurring items. The provisions of this section shall not apply in localities when provision for bonding such employees has been made by their governing bodies and the amount of the bonding equals or exceeds the amounts specified in this section.

Code 1950, § 63-81.1; 1956, c. 415; 1968, c. 578, § 63.1-65; 1984, c. 507; 2002, c. 747.

The local director and other persons employed to administer the provisions of this title in each county or city shall be paid such compensation by such county or city as shall be fixed by the local board or other appointing authority within the compensation plan provided in the merit system plan. With the approval of the Board and the local governing body, the local board may provide that the local director and such other employees shall be paid compensation in excess of the maximums permitted in the compensation plan. Such excess compensation shall be paid wholly from the funds of such county or city and any federal funds that are available and appropriate for such use.

Code 1950, § 63-82; 1964, c. 359; 1968, cc. 467, 578, § 63.1-66; 2002, c. 747.

In any county having a special form of government under which the governing body of the county would be the appointing authority of the local board, local director, and local employees, the governing body may, subject to the personnel standards and regulations of the Board, authorize the local board to exercise the powers relating to the employment of the local director and other employees required to administer this title in such county and the fixing of their compensation or authorize the local board to exercise such powers insofar as they relate to the local director and the local director to exercise such powers insofar as they relate to other employees required to administer this title in such county.

Code 1950, § 63-85; 1954, c. 573; 1968, c. 578, § 63.1-67; 2002, c. 747.

The local director shall be the administrator of the local department and shall serve as secretary to the local board. Under the supervision of the local board, unless otherwise specifically stated, and in cooperation with other public and private agencies, the local director, in addition to the functions, powers and duties conferred and imposed by other provisions of law, shall have the powers and perform the duties contained in this title.

The local director shall designate nonattorney employees who are authorized to (i) initiate a case on behalf of the local department by appearing before an intake officer or (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, or motions for a rule to show cause.

Code 1950, § 63-87; 1968, c. 578, § 63.1-67.1; 1972, c. 73; 2002, c. 747; 2016, c. 704.

The local director shall act as agent for the Commissioner in implementing the provisions of federal and state law and regulation.

Code 1950, § 63-91; 1968, c. 578, § 63.1-67.3; 2002, c. 747.

The local director shall foster cooperation between all public and private charitable and social agencies in the county or city to the end that public resources may be conserved and the social services needs of the county or city be adequately met.

Code 1950, § 63-97; 1968, c. 578, § 63.1-67.5; 2002, c. 747.

The records of the cases handled and business transacted by the local department shall be kept in such manner and form as may be prescribed by the Board.

Code 1950, § 63-98; 1968, c. 578, § 63.1-67.6; 2002, c. 747.

At the request of the local governing body, the local director shall each year prepare and keep on file a full report of the local department's work and proceedings during the year. If such request is made, one copy of such report shall be filed with the local governing body and another with the Board.

Code 1950, § 63-99; 1968, c. 578, § 63.1-67.7; 1976, c. 214; 1978, c. 146; 2002, c. 747.