Virginia Law

Chapter 20. Neighborhood Assistance Act.

Repealed by Acts 2008, c. 585, cl. 5.

Repealed by Acts 2009, c. 851, cl. 4.

Repealed by Acts 2008, c. 585, cl. 5.

Chapter 21. Family and Children's Trust Fund.

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.

A. The Family and Children's Trust Fund shall be administered by a Board of Trustees. The Board of Trustees shall consist of fifteen members appointed by the Governor and subject to confirmation by the General Assembly. 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 and other related areas. The Commissioner shall serve as a permanent member of the Board of Trustees. The Board shall elect a chairman.

B. Initially, five appointments to the Board shall be for a term of four years, five appointments shall be for a term of three years, and five appointments shall be for a term of two years; thereafter, 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.

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.

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 fund-raising activities to expand and perpetuate the Family and Children's Trust Fund;

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

5. 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;

6. 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;

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

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

9. 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.

All funds received 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. 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 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.

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

Chapter 22. Virginia Caregivers Grant Program.

As used in this chapter, unless the context requires otherwise:

"Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding.

"Assistance" means aid that is required to be provided by another person in order to safely complete the activity.

"Care for a mentally or physically impaired person" means assistance with the activities of daily living provided to such person when the person has been screened and has been found to be eligible, in accordance with relevant state regulations, for placement and Medicaid reimbursement for services in an assisted-living facility or a nursing home or for receiving community-based long-term care services.

"Caregiver" means an adult who is a single person with a Virginia adjusted gross income of not more than $50,000, or married and the combined Virginia adjusted gross income of both spouses is not more than $75,000 who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to, or the legally appointed guardian of, the mentally or physically impaired person for whom he is caring.

"Fund" means the Virginia Caregivers Grant Fund established by § 63.2-2202.

"Mentally or physically impaired person" means a person who is a resident of Virginia that requires assistance with two or more activities of daily living during more than half the year.

1999, cc. 737, 763, § 63.1-331; 2002, c. 747; 2007, c. 588.

A. From January 1, 2000, through December 31, 2010, any caregiver who provides care for a mentally or physically impaired person shall be eligible to receive an annual caregivers grant in the amount of $500. The grants under this chapter shall be paid from the Fund, as provided in this chapter, to the caregiver during the calendar year immediately following the calendar year in which the care for a mentally or physically impaired person was provided. The total amount of grants to be paid under this chapter for any year shall not exceed the amount appropriated by the General Assembly to the Fund for payment to caregivers for such year.

B. Only one grant shall be allowed annually for each mentally or physically impaired person receiving care under the provisions of this section. Multiple caregivers providing care to the same mentally or physically impaired person shall be eligible to share the $500 grant as mutually agreed. However, only one caregiver may submit a grant application for the person. A caregiver providing care to more than one eligible person shall submit a separate grant application for each person receiving care.

C. The mentally or physically impaired person being cared for may live in the caregiver's home or in his own home but shall not be receiving Medicaid-reimbursed community long-term care services, other than on a temporary or periodic basis, or living in a nursing home or other assisted living facility where assistance with ADLs is already provided and the cost of such assistance is included in the monthly bill or rental fee.

1999, cc. 737, 763, § 63.1-332; 2002, c. 747; 2005, c. 31; 2007, c. 588.

There is hereby established a special fund in the state treasury to be known as the Virginia Caregivers Grant Fund, which shall be administered by the Department. The Fund shall include such moneys as may be appropriated by the General Assembly from time to time and designated for the Fund. The Fund shall be used solely for the payment of grants to caregivers pursuant to this chapter. Unallocated moneys in the Fund in any year shall remain in the Fund and be available for allocation for grants under this chapter in ensuing fiscal years.

1999, cc. 737, 763, § 63.1-333; 2002, c. 747.

A. Grant applications shall be submitted by caregivers to the Department between February 1 and May 1 of the year following the calendar year in which the care for a mentally or physically impaired person was provided. Failure to meet the application deadline shall render the caregiver ineligible to receive a grant for care provided during such calendar year. For filings by mail, the postmark cancellation shall govern the date of the filing determination.

B. Applications for grants shall include (i) proof of the caregiver's income and that of the caregiver's spouse, if applicable; (ii) certification by the private physician, licensed physician assistant pursuant to § 54.1-2951.2, or advanced practice registered nurse pursuant to § 54.1-2957.02 who has screened the mentally or physically impaired person and found him to be eligible, in accordance with relevant state regulations, for placement in an assisted-living facility or a nursing home or for receiving community long-term care services; (iii) the mentally or physically impaired person's place of residence; and (iv) such other relevant information as the Department may reasonably require. Any caregiver applying for the grant pursuant to this chapter shall affirm, by signing and submitting his application for a grant, that the mentally or physically impaired person for whom he provided care and the care provided meet the criteria set forth in this chapter. As a condition of receipt of a grant, a caregiver shall agree to make available to the Department for inspection, upon request, all relevant and applicable documents to determine whether the caregiver meets the requirements for the receipt of grants as set forth in this chapter, and to consent to the use by the Department of all relevant information relating to eligibility for the requested grant.

C. The Department shall review applications for grants and determine eligibility and the amount of the grant to be allocated to each eligible caregiver. If the moneys in the Fund are less than the amount of grants to which applicants are eligible for caregiver services provided in the preceding calendar year, the moneys in the Fund shall be apportioned among eligible applicants pro rata, based upon the amount of the grant for which an applicant is eligible and the amount of money in the Fund.

D. The Department shall certify to the Comptroller the amount of grant to be allocated to eligible caregiver applicants. Payments shall be made by check issued by the State Treasurer on warrant of the Comptroller. The Comptroller shall not draw any warrants to issue checks for this program without a specific legislative appropriation as specified in conditions and restrictions on expenditures in the appropriation act.

E. Actions of the Department relating to the review, allocation and awarding of grants shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 4 of § 2.2-4002. Decisions of the Department shall be final and not subject to review or appeal.

1999, cc. 737, 763, § 63.1-334; 2002, cc. 41, 747; 2007, c. 588; 2008, c. 507; 2023, c. 183.

Except in accordance with proper judicial order or as otherwise provided by law, any employee or former employee of the Department shall not divulge any information acquired by him in the performance of his duties with respect to the income or grant eligibility of any caregiver submitted pursuant to this chapter. The provisions of this section shall not be applicable to (i) acts performed or words spoken or published in the line of duty under law; (ii) inquiries and investigations to obtain information as to the implementation of this chapter by a duly constituted committee of the General Assembly, or when such inquiry or investigation is relevant to its study, provided that any such information shall be privileged; or (iii) the publication of statistics so classified as to prevent the identification of particular caregivers.

1999, cc. 737, 763, § 63.1-335; 2002, c. 747.

Chapter 23. Virginia Sexual and Domestic Violence Prevention Fund.

A. The General Assembly finds and declares that sexual and domestic violence is a serious public health and safety concern in the Commonwealth, and that evidence-based and evidence-informed prevention programs are critical to decrease the negative effects that sexual and domestic violence have on communities in the Commonwealth. It is therefore in the best interest of the citizens of the Commonwealth to support such programs for the purpose of lowering the occurrence of sexual and domestic violence in the Commonwealth.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Sexual and Domestic Violence Prevention Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and received from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to five percent of the Fund may be used to pay the expenses necessary for administration of the Fund by the Department.

C. The Fund shall be administered by the Department in accordance with the provisions of this section and subject to the following:

1. The Department shall use moneys in the Fund to develop and support prevention programs in the Commonwealth and perform such other acts as may be necessary to comply with the provisions of this section.

2. No less than five percent of the Fund shall be granted to an organization that provides training and technical assistance to entities implementing prevention programs and for the development of statewide strategies to reinforce and expand prevention efforts.

3. No less than 40 percent but not more than 45 percent of the Fund shall be granted to the Department of Health's Domestic and Intimate Partner Violence Prevention program for the distribution of grants to support and evaluate evidence-based and evidence-informed sexual violence prevention programs. Up to five percent of such funds may be used to pay the expenses necessary to distribution of such grants by the Department of Health.

4. The Department shall, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, develop a plan for distribution of moneys in the Fund. Such plan shall identify evidence-based and evidence-informed prevention programs and develop strategies to promote research and evaluation of prevention initiatives. Such plan shall include a process for determining appropriate grant amounts and other strategies that help to prevent or support programs that prevent sexual and domestic violence in the Commonwealth.

5. The Department shall distribute grants to support and evaluate evidence-based and evidence-informed domestic violence prevention programs.

6. The Department shall produce an annual report on the expenditures and activities associated with the Fund and provide such report to the Governor and the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations by November 30 each year.

7. No more than 95 percent of moneys in the Fund shall be awarded or allocated in any fiscal year.

D. For the purposes of this section, "prevention program" means an evidence-based or evidence-informed program that (i) is operated by a local public or private nonprofit agency and (ii) has the primary purpose of preventing sexual and domestic violence through strategies that (a) promote the development and maintenance of healthy practices related to relationships, sexuality, and social-emotional development and (b) counteract the factors associated with the initial perpetration of sexual and domestic violence.

2020, cc. 912, 913.