Bill Text: VA SB579 | 2020 | Regular Session | Comm Sub
Bill Title: Sex Offender and Crimes Against Minors Registry; changes to provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-07 - Governor: Acts of Assembly Chapter text (CHAP0829) [SB579 Detail]
Download: Virginia-2020-SB579-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-515.2, 9.1-900, 9.1-901, 9.1-902, 9.1-903, 9.1-904, as it shall become effective, 9.1-906 through 9.1-914, 9.1-918, 15.2-2283.1, 16.1-228, 18.2-348.1, 18.2-370.5, 18.2-472.1, 22.1-79, 23.1-407, 32.1-127, 46.2-116, 46.2-117, 46.2-118, 46.2-323, 46.2-324, 46.2-330, 46.2-345, 46.2-2011.33, 63.2-100, 63.2-1205.1, 63.2-1503, 63.2-1506, and 63.2-1732 of the Code of Virginia are amended and reenacted as follows:
§2.2-515.2. Address confidentiality program established; victims of domestic violence, stalking, sexual violence, or human trafficking; application; disclosure of records.
A. As used in this section:
"Address" means a residential street address, school address, or work address of a person as specified on the person's application to be a program participant.
"Applicant" means a person who is a victim of domestic violence, stalking, or sexual violence or is a parent or guardian of a minor child or incapacitated person who is the victim of domestic violence, stalking, or sexual violence.
"Domestic violence" means an act as defined in § 38.2-508 and includes threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law-enforcement officers. Such threat must be a threat of force which would place any person in reasonable apprehension of death or bodily injury.
"Program participant" means a person certified by the Office of the Attorney General as eligible to participate in the Address Confidentiality Program.
"Sexual or domestic violence programs" means public and not-for-profit agencies the primary mission of which is to provide services to victims of sexual or domestic violence, or stalking. Such programs may also include specialized services for victims of human trafficking.
"Sexual violence" means conduct that is prohibited under clause (ii), (iii), (iv), or (v) of §18.2-48, or §18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.5, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368, regardless of whether the conduct has been reported to a law-enforcement officer or the assailant has been charged with or convicted of the alleged violation.
"Stalking" means conduct that is prohibited under § 18.2-60.3, regardless of whether the conduct has been reported to a law-enforcement officer or the assailant has been charged with or convicted for the alleged violation.
B. The Statewide Facilitator for Victims of Domestic Violence shall establish a program to be known as the "Address Confidentiality Program" to protect victims of domestic violence, stalking, or sexual violence by authorizing the use of designated addresses for such victims. An individual who is at least 18 years of age, a parent or guardian acting on behalf of a minor, a guardian acting on behalf of an incapacitated person, or an emancipated minor may apply in person at (i) sexual or domestic violence programs that have been accredited by the Virginia Sexual and Domestic Violence Program Professional Standards Committee established pursuant to §9.1-116.3 and are qualified to (a) assist the eligible person in determining whether the address confidentiality program should be part of such person's overall safety plan, (b) explain the address confidentiality program services and limitations, (c) explain the program participant's responsibilities, and, (d) assist the person eligible for participation with the completion of application materials or (ii) crime victim and witness assistance programs. The Office of the Attorney General shall approve an application if it is filed in the manner and on the form prescribed by the Attorney General and if the application contains the following:
1. A sworn statement by the applicant declaring to be true and correct under penalty of perjury that the applicant has good reason to believe that:
a. The applicant, or the minor or incapacitated individual on whose behalf the application is made, is a victim of domestic violence, sexual violence, or stalking;
b. The applicant fears further acts of violence, stalking, retribution, or intimidation from the applicant's assailant, abuser, or trafficker; and
c. The applicant is not on active parole or probation supervision requirements under federal, state, or local law.
2. A designation of the Office of the Attorney General as agent for the purpose of receiving mail on behalf of the applicant;
3. The applicant's actual address to which mail can be forwarded and a telephone number where the applicant can be called;
4. A listing of any minor children residing at the applicant's actual address, each minor child's date of birth, and each minor child's relationship to the applicant; and
5. The signature of the applicant and any person who assisted in the preparation of the application and the date.
C. Upon approval of a completed application, the Office of the Attorney General shall certify the applicant as a program participant. An applicant shall be certified for three years following the date of the approval, unless the certification is withdrawn or invalidated before that date. A program participant may apply to be recertified every three years.
D. Upon receipt of first-class mail addressed to a program participant, the Attorney General or his designee shall forward the mail to the actual address of the program participant. The actual address of a program participant shall be available only to the Attorney General and to those employees involved in the operation of the Address Confidentiality Program and to law-enforcement officers. A program participant's actual address may be entered into the Virginia Criminal Information Network (VCIN) system so that it may be made known to law-enforcement officers accessing the VCIN system for law-enforcement purposes.
E. The Office of the Attorney General may cancel a program participant's certification if:
1. The program participant requests withdrawal from the program;
2. The program participant obtains a name change through an order of the court and does not provide notice and a copy of the order to the Office of the Attorney General within seven days after entry of the order;
3. The program participant changes his residence address and does not provide seven days' notice to the Office of the Attorney General prior to the change of address;
4. The mail forwarded by the Office of the Attorney General to the address provided by the program participant is returned as undeliverable;
5. Any information contained in the application is false;
6. The program participant has been placed on parole or probation while a participant in the address confidentiality program; or
7. The applicant is required to register as a sex offender
with the Sex Offender and Crimes Against Minors Registry pursuant to
Chapter 9 (§9.1-900 et seq.) of Title 9.1.
For purposes of the address confidentiality program, residents of temporary housing for 30 days or less are not eligible to enroll in the address confidentiality program until a permanent residential address is obtained.
The application form shall contain a statement notifying each applicant of the provisions of this subsection.
F. A program participant may request that any state or local agency use the address designated by the Office of the Attorney General as the program participant's address, except when the program participant is purchasing a firearm from a dealer in firearms. The agency shall accept the address designated by the Office of the Attorney General as a program participant's address, unless the agency has received a written exemption from the Office of the Attorney General demonstrating to the satisfaction of the Attorney General that:
1. The agency has a bona fide statutory basis for requiring the program participant to disclose to it the actual location of the program participant; and
2. The disclosed confidential address of the program participant will be used only for that statutory purpose and will not be disclosed or made available in any way to any other person or agency.
A state agency may request an exemption by providing in writing to the Office of the Attorney General identification of the statute or administrative rule that demonstrates the agency's bona fide requirement and authority for the use of the actual address of an individual. A request for a waiver from an agency may be for an individual program participant, a class of program participants, or all program participants. The denial of an agency's exemption request shall be in writing and include a statement of the specific reasons for the denial. Acceptance or denial of an agency's exemption request shall constitute final agency action.
Any state or local agency that discloses the program participant's confidential address provided by the Office of the Attorney General shall be immune from civil liability unless the agency acted with gross negligence or willful misconduct.
A program participant's actual address shall be disclosed pursuant to a court order.
G. Records submitted to or provided by the Office of the Attorney General in accordance with this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§2.2-3700 et seq.) to the extent such records contain information identifying a past or current program participant, including such person's name, actual and designated address, telephone number, and any email address. However, access shall not be denied to the person who is the subject thereof, or the parent or legal guardian of a program participant in cases where the program participant is a minor child or an incapacitated person, except when the parent or legal guardian is named as the program participant's assailant.
H. Neither the Office of the Attorney General, its officers or employees, or others who have a responsibility to a program participant under this section shall have any liability nor shall any cause of action arise against them in their official or personal capacity from the failure of a program participant to receive any first class mail forwarded to him by the Office of the Attorney General pursuant to this section. Nor shall any such liability or cause of action arise from the failure of a program participant to timely receive any first class mail forwarded by the Office of the Attorney General pursuant to this section.
§9.1-900. Purpose of the Sex Offender and Crimes Against Minors Registry.
The purpose of the Sex Offender and Crimes Against Minors
Registry (Registry) shall be to assist the efforts of law-enforcement agencies
and others to protect their communities and families from repeat sex
offenders and to protect children from becoming victims of criminal offenders
by helping to prevent such individuals from being allowed to work directly with
children.
§9.1-901. Persons for whom registration required.
A. Every person convicted on or after July 1, 1994, including
a juvenile tried and convicted in the circuit court pursuant to §16.1-269.1,
whether sentenced as an adult or juvenile, of an offense set forth in §9.1-902
and every juvenile found delinquent of an offense for which registration is
required under subsection G C of §9.1-902 shall register and,
reregister, and verify his registration information as required by this
chapter. Every person serving a sentence of confinement on or after July 1,
1994, for a conviction of an offense set forth in §9.1-902 shall register
and, reregister, and verify his registration information as
required by this chapter. Every person under community supervision as defined
by §53.1-1 or any similar form of supervision under the laws of the United
States or any political subdivision thereof, on or after July 1, 1994,
resulting from a conviction of an offense set forth in §9.1-902 shall register
and, reregister, and verify his registration information as
required by this chapter.
B. Every person found not guilty by reason of insanity on or
after July 1, 2007, of an offense set forth in §9.1-902 shall register and,
reregister, and verify his registration information as required by this
chapter. Every person in the custody of the Commissioner of Behavioral Health
and Developmental Services, or on conditional release on or after July 1, 2007,
because of a finding of not guilty by reason of insanity of an offense set
forth in §9.1-902 shall register and, reregister, and verify
his registration information as required by this chapter.
C. Unless a specific effective date is otherwise provided, all provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively. This subsection is declaratory of existing law.
§9.1-902. Offenses requiring registration.
A. For purposes of this chapter:
"Murder" means a violation of, attempted violation of, or conspiracy to violate §18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former §18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.
"Offense for which registration is required" includes:
1. Any Tier I, Tier II, or Tier III offense listed
in subsection B;
2. Criminal homicide;
3. Murder;
4. A sexually violent offense;
5. 3. Any offense similar to those listed in
subdivisions 1 through 4 a Tier I, Tier II, or Tier III offense
under the laws of any foreign country or any political subdivision thereof or
the United States or any political subdivision thereof; and
6. 4. Any offense for which registration in a
sex offender and crimes against minors registry is required under the laws of
the jurisdiction where the offender was convicted.
B. The offenses included under this subsection include"Tier
I offense" means (i) any homicide in conjunction with a violation of,
attempted violation of, or conspiracy to violate clause (i) of §18.2-371 or §
18.2-371.1, when the offenses arise out of the same incident, or (ii) any
violation of, attempted violation of, or conspiracy to violate:
1. §18.2-63 unless registration is required pursuant to
subdivision E 1 of the definition of Tier III offense; §
18.2-64.1; former §18.2-67.2:1; §18.2-90 with the intent to commit rape;
former §18.1-88 with the intent to commit rape; any felony violation of §
18.2-346; any violation of subdivision (4) of §18.2-355; any violation of
subsection C of §18.2-357.1; subsection B or C of §18.2-374.1:1;
former subsection D of §18.2-374.1:1 as it was in effect from July 1, 1994,
through June 30, 2007; former clause (iv) of subsection B of §18.2-374.3 as it
was in effect on June 30, 2007; subsection B, C, or D of §18.2-374.3;
or a third or subsequent conviction of (i) §18.2-67.4, (ii) §18.2-67.4:2,
(iii) subsection C of §18.2-67.5, or (iv) §18.2-386.1.
If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of §18.2-374.1:1; or a felony under §18.2-67.5:1.
2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, subsection A of §18.2-47, clause (i) of §18.2-48, §18.2-67.4, subsection C of §18.2-67.5, §18.2-361, §18.2-366, or a felony violation of former §18.1-191.
3. §18.2-370.6.
4. If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of §18.2-51.2.
5. If the offense was committed on or after July 1, 2016, any violation of §18.2-356 punishable as a Class 3 felony or any violation of § 18.2-357 punishable as a Class 3 felony.
6. If the offense was committed on or after July 1, 2019, any felony violation of §18.2-348 or 18.2-349.
C. "Criminal homicide" means a homicide in
conjunction with a violation of, attempted violation of, or conspiracy to
violate clause (i) of §18.2-371 or §18.2-371.1, when the offenses arise out
of the same incident.
D. "Murder" means a violation of, attempted
violation of, or conspiracy to violate §18.2-31 or §18.2-32 where the victim
is (i) under 15 years of age or (ii) where the victim is at least 15 years of
age but under 18 years of age and the murder is related to an offense listed in
this section or a violation of former §18.1-21 where the victim is (a) under
15 years of age or (b) at least 15 years of age but under 18 years of age and
the murder is related to an offense listed in this section.
E. "Sexually violent offense" "Tier
II offense" means any violation of, attempted violation of, or conspiracy
to violate §18.2-64.1, subsection C of §18.2-374.1:1, or subsection C, D, or
E of §18.2-374.3.
"Tier III offense" means a violation of, attempted violation of, or conspiracy to violate:
1. Clause (ii) and (iii) of §18.2-48, former §18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former §18.1-39 that involves assisting or aiding in such an abduction, §18.2-61, former §18.1-44 when such act is accomplished against the complaining witness's will, by force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim, § 18.2-67.1, §18.2-67.2, §18.2-67.3, former §18.1-215 when the complaining witness is under 13 years of age, §18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of §18.2-67.5, §18.2-370, subdivision (1), (2), or (4) of former §18.1-213, former §18.1-214, §18.2-370.1, or §18.2-374.1;
2. §18.2-63, §18.2-64.1, former §18.2-67.2:1, §18.2-90
with the intent to commit rape or, where the victim is a minor or is physically
helpless or mentally incapacitated as defined in §18.2-67.10, subsection A of
§18.2-47, §18.2-67.4, subsection C of §18.2-67.5, clause (i) of §18.2-48, §
18.2-361, §18.2-366, or subsection C of §18.2-374.1:1. An offense listed
under this subdivision shall be deemed a sexually violent Tier III
offense only if the person has been convicted or adjudicated delinquent of any
two or more such offenses, provided that person had been at liberty between
such convictions or adjudications;
3. If the offense was committed on or after July 1, 2006, §
18.2-91 with the intent to commit any felony offense listed in this section. An
offense listed under this subdivision shall be deemed a sexually violent
Tier III offense only if the person has been convicted or adjudicated
delinquent of any two or more such offenses, provided that the person had been
at liberty between such convictions or adjudications; or
4. Chapter 117 (18 U.S.C. §2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in §1591 of Title 18, U.S.C.).
F. "Any offense listed in subsection B,"
"criminal homicide" B. "Tier I offense" as
defined in this section, "Tier II offense" as defined in this
section, "Tier III offense" as defined in this section, and
"murder" as defined in this section, and "sexually violent
offense" as defined in this section includes (i) include any
similar offense under the laws of any foreign country or any political
subdivision thereof or the United States or any political subdivision thereof
or (ii) any offense for which registration in a sex offender and crimes against
minors registry is required under the laws of the jurisdiction where the
offender was convicted.
G. C. Juveniles adjudicated delinquent shall not
be required to register; however, where the offender is a juvenile over the age
of 13 at the time of the offense who is tried as a juvenile and is adjudicated
delinquent on or after July 1, 2005, of any offense for which registration is
required, the court may, in its discretion and upon motion of the attorney for
the Commonwealth, find that the circumstances of the offense require offender
registration. In making its determination, the court shall consider all of the
following factors that are relevant to the case: (i) the degree to which the
delinquent act was committed with the use of force, threat, or intimidation,
(ii) the age and maturity of the complaining witness, (iii) the age and
maturity of the offender, (iv) the difference in the ages of the complaining
witness and the offender, (v) the nature of the relationship between the
complaining witness and the offender, (vi) the offender's prior criminal
history, and (vii) any other aggravating or mitigating factors relevant to the
case. The attorney for the Commonwealth may file such a motion at any time
during which the offender is within the jurisdiction of the court for the offense
that is the basis for such motion. Prior to any hearing on such motion, the
court shall appoint a qualified and competent attorney-at-law to represent the
offender unless an attorney has been retained and appears on behalf of the
offender or counsel has already been appointed.
H. D. Prior to entering judgment of conviction
of an offense for which registration is required if the victim of the offense
was a minor, physically helpless, or mentally incapacitated, when the
indictment, warrant, or information does not allege that the victim of the
offense was a minor, physically helpless, or mentally incapacitated, the court
shall determine by a preponderance of the evidence whether the victim of the
offense was a minor, physically helpless, or mentally incapacitated, as defined
in §18.2-67.10, and shall also determine the age of the victim at the time of
the offense if it determines the victim to be a minor. When such a
determination is required, the court shall advise the defendant of its
determination and of the defendant's right to make a motion to withdraw a plea
of guilty or nolo contendere pursuant to §19.2-296. If the court grants the
defendant's motion to withdraw his plea of guilty or of nolo contendere, his
case shall be heard by another judge, unless the parties agree otherwise.
Failure to make such determination or so advise the defendant does not
otherwise invalidate the underlying conviction.
§9.1-903. Registration and reregistration procedures.
A. Every person convicted, including juveniles tried and
convicted in the circuit courts pursuant to §16.1-269.1, whether sentenced as
an adult or juvenile, of an offense for which registration is required and
every juvenile found delinquent of an offense for which registration is
required under subsection G C of §9.1-902 shall be required upon
conviction to register and, reregister, and verify his
registration information with the Department of State Police. The court
shall order the person to provide to the local law-enforcement agency of the
county or city where he physically resides all information required by the
State Police for inclusion in the Registry. The court shall immediately remand
the person to the custody of the local law-enforcement agency for the purpose
of obtaining the person's fingerprints and photographs of a type and kind
specified by the State Police for inclusion in the Registry. Upon conviction,
the local law-enforcement agency shall forthwith forward to the State Police
all the necessary registration information.
B. Every person required to register shall register in person within three days of his release from confinement in a state, local or juvenile correctional facility, in a state civil commitment program for sexually violent predators or, if a sentence of confinement is not imposed, within three days of suspension of the sentence or in the case of a juvenile of disposition. A person required to register shall register, and as part of the registration shall submit to be photographed, submit to have a sample of his blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis and submission to the DNA databank to determine identification characteristics specific to the person, provide electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, submit to have his fingerprints and palm prints taken, provide information regarding his place of employment, and provide motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by him. The local law-enforcement agency shall obtain from the person who presents himself for registration or reregistration one set of fingerprints, electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, one set of palm prints, place of employment information, motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by the registrant, proof of residency and a photograph of a type and kind specified by the State Police for inclusion in the Registry and advise the person of his duties regarding reregistration and verification of his registration information. The local law-enforcement agency shall obtain from the person who presents himself for registration a sample of his blood, saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If a sample has been previously taken from the person, as indicated by the Local Inmate Data System (LIDS), no additional sample shall be taken. The local law-enforcement agency shall forthwith forward to the State Police all necessary registration information.
C. To establish proof of residence in Virginia, a person who has a permanent physical address shall present one photo-identification form issued by a governmental agency of the Commonwealth which contains the person's complete name, gender, date of birth and complete physical address. The local law-enforcement agency shall forthwith forward to the State Police a copy of the identification presented by the person required to register.
D. Any person required to register shall also reregister in person with the local law-enforcement agency following any change of name or any change of residence, whether within or without the Commonwealth. The person shall register in person with the local law-enforcement agency within three days following his change of name. If his new residence is within the Commonwealth, the person shall register in person with the local law-enforcement agency where his new residence is located within three days following his change in residence. If the new residence is located outside of the Commonwealth, the person shall register in person with the local law-enforcement agency where he previously registered within 10 days prior to his change of residence. If a probation or parole officer becomes aware of a change of name or residence for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith of learning of the change. Whenever a person subject to registration changes residence to another state, the State Police shall notify the designated law-enforcement agency of that state.
E. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of the place of employment, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of the place of employment for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's place of employment. Whenever a person subject to registration changes his place of employment to another state, the State Police shall notify the designated law-enforcement agency of that state.
F. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of owned motor vehicle, watercraft and aircraft registration information, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of owned motor vehicle, watercraft and aircraft registration information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's owned motor vehicle, watercraft and aircraft registration information. Whenever a person required to register changes his owned motor vehicle, watercraft and aircraft registration information to another state, the State Police shall notify the designated law-enforcement agency of that state.
G. Any person required to register shall reregister either in person or electronically with the local law-enforcement agency where his residence is located within 30 minutes following any change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change.
H. Every person required to register shall submit to be photographed by a local law-enforcement agency every two years, during such person's required verification month and time interval pursuant to subsection B of §9.1-904, commencing with the date of initial verification. The local law-enforcement agency shall forthwith forward the photograph of a type and kind specified by the State Police to the State Police. Where practical, the local law-enforcement agency may electronically transfer a digital photograph containing the required information to the Registry.
I. Upon registration and every two years thereafter during such person's required verification month and time interval pursuant to subsection B of §9.1-904, every person required to register shall be required to execute a consent form consistent with applicable law that authorizes a business or organization that offers electronic communications or remote computer services to provide to the Department of State Police any information pertaining to that person necessary to determine the veracity of his electronic identity information in the Registry.
J. The registration shall be maintained in the Registry and shall include the person's name, any former name if he has lawfully changed his name during the period for which he is required to register, all aliases that he has used or under which he may have been known, the date and locality of the conviction for which registration is required, his fingerprints and a photograph of a type and kind specified by the State Police, his date of birth, social security number, current physical and mailing address and a description of the offense or offenses for which he was convicted. The registration shall also include the locality of the conviction and a description of the offense or offenses for previous convictions for the offenses set forth in §9.1-902.
I. K. The local law-enforcement agency shall
forthwith forward to the State Police all necessary registration or
reregistration information received by it. Upon receipt of registration or
reregistration information the State Police shall forthwith notify the chief
law-enforcement officer of the locality listed as the person's address on the
registration and reregistration.
J. L. If a person required to register does not
have a legal residence, such person shall designate a location that can be
located with reasonable specificity where he resides or habitually locates
himself. For the purposes of this section, "residence" shall include
such a designated location. If the person wishes to change such designated
location, he shall do it pursuant to the terms of this section.
§9.1-904. (Effective July 1, 2020) Periodic verification.
A. Every person required to register shall reregister with
the State Police on a schedule pursuant to this section. Reregistration
For purposes of this chapter, "verify his registration information"
means that the person required to register has notified the State
Police; confirmed his current physical and mailing address and electronic mail
address information and any instant message, chat, or other Internet
communication name or identity information that he uses or intends to use; and
provided such other information, including identifying information, that the
State Police may require. Upon registration and as may be necessary
thereafter, the
B. Any person required to register shall verify his registration information with the State Police, during such person's required verification month and time interval, commencing with the date of initial registration, as follows:
1. Any person convicted of a Tier III offense or murder, four times each year at three-month intervals, including the person's birth month; and
2. Any person convicted of a violation of §18.2-472.1, in which such person was included on the Registry for a conviction of a Tier III offense or murder, every month.
C. The State Police shall provide make
available to the person with an address verification form to be used
for reregistration verification of his registration information.
The form shall contain in bold print a statement indicating that failure to
comply with the registration verification required is punishable
as provided in §18.2-472.1. Copies of all forms to be used for
reregistration verification and guidelines for submitting such
forms, including month and time reregistration verification
intervals pursuant to subsections C and D, shall be available through
distribution by the State Police, from local law-enforcement agencies, and in a
format capable of being downloaded and printed from a website maintained by the
State Police. Upon registration and as may be necessary thereafter, the
person shall likewise be required to execute a consent form consistent with
applicable law that authorizes a business or organization that offers
electronic communications or remote computer services to provide to the
Department of State Police any information pertaining to that person necessary
to determine the veracity of his electronic identity information in the
registry.
B. Every person required to register pursuant to this
chapter shall submit to be photographed by a local law-enforcement agency every
two years, during such person's required reregistration month and time interval
pursuant to subsections C and D, commencing with the date of initial
reregistration. Photographs shall be in color, be taken with the registrant
facing the camera, and clearly show the registrant's face and shoulders only.
No person other than the registrant may appear in the photograph submitted. The
photograph shall indicate the registrant's full name, date of birth and the
date the photograph was taken. The local law-enforcement agency shall forthwith
forward the photograph and the registration form to the State Police. Where
practical, the local law-enforcement agency may electronically transfer a
digital photograph containing the required information to the Sex Offender and
Crimes Against Minors Registry within the State Police.
C. Every person required to register, other than a person
convicted of a sexually violent offense or murder, shall reregister with the
State Police once each year during such person's birth month. Every person
convicted of a sexually violent offense or murder shall reregister with the
State Police four times each year at three-month intervals, including the
person's birth month. Any person convicted of a violation of §18.2-472.1,
other than a person convicted of a sexually violent offense or murder, shall
reregister with the State Police twice each year: once in the person's birth
month and once in the month that is six months from the person's birth month.
Any person convicted of a violation of §18.2-472.1, in which such person was
included on the Registry for a conviction of a sexually violent offense or
murder, shall reregister with the State Police every month.
D. Persons required to register with last names beginning with
A through L shall reregister verify their registration information
with the State Police from the first to the fifteenth of such person's
reregistration verification months pursuant to subsection C
B, and persons required to register with last names beginning with M
through Z shall reregister verify their registration information
with the State Police from the sixteenth to the last day of the month during
such person's reregistration verification months pursuant to
subsection C B. The last name shall be the last name in the
person's name pursuant to §9.1-903 as it appears in the Registry.
E. For the period of July 1, 2020, to July 1, 2021, any person
required to reregister verify his registration information shall
continue to reregister verify his resignation information with
the State Police on such person's reregistration verification
schedule in place prior to July 1, 2020, until such person has reregistered
verified his registration information pursuant to the new reregistration
verification schedule provided in subsections C and D subsection
B, at which time such person shall continue to reregister verify
his registration information pursuant to the new reregistration
verification schedule provided in subsections C and D.
§9.1-906. Enrollment or employment at institution of higher education; information required.
A. Persons required to register or, reregister,
or verify their registration information who are enrolled in or employed at
institutions of higher education shall, in addition to other registration
requirements, indicate on their registration and, reregistration,
and verification form the name and location of the institution attended by
or employing the registrant whether such institution is within or without the Commonwealth.
In addition, persons required to register or, reregister, or
verify their registration information shall notify the local
law-enforcement agency in person within three days of any change in their
enrollment or employment status with an institution of higher education. The
local law-enforcement agency shall forthwith forward to the State Police all
necessary registration or reregistration information received by it.
B. Upon receipt of a registration or,
reregistration, or verification of registration information indicating
enrollment or employment with an institution of higher education or
notification of a change in status, the State Police shall notify the chief
law-enforcement officer of the institution's law-enforcement agency or, if
there is no institutional law-enforcement agency, the local law-enforcement
agency serving that institution, of the registration, reregistration,
verification of registration information, or change in status. The
law-enforcement agency receiving notification under this section shall make
such information available upon request.
C. For purposes of this section:
"Employment" includes full- or part-time, temporary or permanent or contractual employment at an institution of higher education either with or without compensation.
"Enrollment" includes both full- and part-time.
"Institution of higher education" means any postsecondary school, trade or professional institution, or institution of higher education.
§9.1-907. Procedures upon a failure to register, reregister, or verify registration information.
A. Whenever it appears from the records of the State Police
that a person has failed to comply with the duty to register or,
reregister, or verify his registration information, the State Police
shall promptly investigate and, if there is probable cause to believe a
violation has occurred, obtain a warrant or assist in obtaining an indictment
charging a violation of §18.2-472.1 in the jurisdiction in which the person
last registered or, reregistered, or verified his registration
information or, if the person failed to comply with the duty to register,
in the jurisdiction in which the person was last convicted of an offense for
which registration or reregistration is required or if the person was convicted
of an offense requiring registration outside the Commonwealth, in the
jurisdiction in which the person resides. The State Police shall forward to the
jurisdiction an affidavit signed by a custodian of the records that such person
failed to comply with the duty to register or, reregister, or
verify his registration information. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply
with the duty to register or, reregister, or verify his
registration information in any trial or hearing for the violation of §
18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of §18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of §18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
B. Nothing in this section shall prohibit a law-enforcement officer employed by a sheriff's office or police department of a locality from enforcing the provisions of this chapter, including obtaining a warrant, or assisting in obtaining an indictment for a violation of §18.2-472.1. The local law-enforcement agency shall notify the State Police forthwith of such actions taken pursuant to this chapter or under the authority granted pursuant to this section.
C. The State Police shall physically verify or cause to be
physically verified the registration information within 30 days of the initial
registration and semiannually each year thereafter and within 30 days of a
change of address of those persons who are not under the control of the
Department of Corrections or community supervision as defined by §53.1-1, who
are required to register pursuant to this chapter. Whenever it appears that a
person has provided false registration information, the State Police shall
promptly investigate and, if there is probable cause to believe that a violation
has occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of §18.2-472.1 in the jurisdiction in which the person last
registered or, reregistered, or verified his registration
information. The State Police shall forward to the jurisdiction an
affidavit signed by a custodian of the records that such person failed to
comply with the provisions of this chapter. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply
with the provisions of this chapter in any trial or hearing for the violation
of §18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of §18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of §18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
D. The Department of Corrections or community supervision as
defined by §53.1-1 shall physically verify or cause to be physically verified
by the State Police the registration information within 30 days of the original
registration and semiannually each year thereafter and within 30 days of a
change of address of all persons who are under the control of the Department of
Corrections or community supervision, and those who are under supervision
pursuant to §37.2-919, who are required to register pursuant to this chapter.
The Department of Corrections or community supervision, upon request, shall
provide the State Police the verification information, in an electronic format
approved by the State Police, regarding persons under their control who are required
to register pursuant to the chapter. Whenever it appears that a person has
provided false registration information, the Department of Corrections or
community supervision shall promptly notify the State Police, who shall
investigate and, if there is probable cause to believe that a violation has
occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of §18.2-472.1 in the jurisdiction in which the person last
registered or, reregistered, or verified his registration
information. The State Police shall forward to the jurisdiction an
affidavit signed by a custodian of the records that such person failed to
comply with the provisions of this chapter. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply
with the provisions of this chapter in any trial or hearing for the violation
of §18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of §18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of §18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
§9.1-908. Duration of registration requirement.
Any person required to register or, reregister,
or verify his registration information shall be required to register until
the duty to register and, reregister, or verify his
registration information is terminated by a court order as set forth in §
9.1-910, except that any person who has been convicted of (i) any sexually
violent Tier III offense, (ii) murder or (iii) former §18.2-67.2:1
shall have a continuing duty to reregister or verify his registration
information for life.
Any period of confinement in a federal, state, or local correctional facility, hospital, or any other institution or facility during the otherwise applicable period shall toll the registration or verification period and the duty to reregister or verify his registration information shall be extended. Persons confined in a federal, state, or local correctional facility shall not be required to reregister or verify his registration information until released from custody. Persons civilly committed pursuant to Chapter 9 (§37.2-900 et seq.) of Title 37.2 shall not be required to reregister or verify his registration information until released from custody. Persons confined in a federal, state, or local correctional facility or civilly committed pursuant to Chapter 9 (§37.2-900 et seq.) of Title 37.2 shall notify the Registry within three days following any change of name.
§9.1-909. Relief from registration, reregistration, or verification.
A. Upon expiration of three years from the date upon which the
duty to register as a sexually violent Tier III offender or
murderer is imposed, the person required to register may petition the court in
which he was convicted or, if the conviction occurred outside of the
Commonwealth, the circuit court in the jurisdiction where he currently resides,
for relief from the requirement to reregister every 90 days verify
his registration information four times each year at three-month intervals.
After five years from the date of his last conviction for a violation of §
18.2-472.1, a sexually violent Tier III offender or murderer may
petition for relief from the requirement to reregister monthly verify
his registration information every month. A person who is required to register
may similarly petition the circuit court for relief from the requirement to
reregister every 180 days verify his registration twice each year
after five years from the date of his last conviction for a violation of §
18.2-472.1. The court shall hold a hearing on the petition, on notice to the
attorney for the Commonwealth, to determine whether the person suffers from a
mental abnormality or a personality disorder that makes the person a menace to
the health and safety of others or significantly impairs his ability to control
his sexual behavior. Prior to the hearing the court shall order a comprehensive
assessment of the applicant by a panel of three certified sex offender
treatment providers as defined in §54.1-3600. A report of the assessment shall
be filed with the court prior to the hearing. The costs of the assessment shall
be taxed as costs of the proceeding.
If, after consideration of the report and such other evidence
as may be presented at the hearing, the court finds by clear and convincing
evidence that the person does not suffer from a mental abnormality or a
personality disorder that makes the person a menace to the health and safety of
others or significantly impairs his ability to control his sexual behavior, the
petition shall be granted and the duty to reregister verify his
registration information more frequently than once a year shall be
terminated. The court shall promptly notify the State Police upon entry of an
order granting the petition. The person shall, however, be under a continuing
duty to register annually for life. If the petition is denied, the duty to
reregister verify his registration information with the same
frequency as before shall continue. An appeal from the denial of a petition
shall lie to the Supreme Court.
A petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.
B. The duly appointed guardian of a person convicted of an
offense requiring registration or, reregistration, or
verification of his registration information as either a sex offender,
sexually violent Tier I, Tier II, or Tier III offender or murderer,
who due to a physical condition is incapable of (i) reoffending and (ii)
reregistering or verifying his registration information, may petition
the court in which the person was convicted for relief from the requirement to
reregister or verify his registration information. The court shall hold
a hearing on the petition, on notice to the attorney for the Commonwealth, to
determine whether the person suffers from a physical condition that makes the
person (i) no longer a menace to the health and safety of others and (ii)
incapable of reregistering or verifying his registration information.
Prior to the hearing the court shall order a comprehensive assessment of the
applicant by at least two licensed physicians other than the person's primary
care physician. A report of the assessment shall be filed with the court prior
to the hearing. The costs of the assessment shall be taxed as costs of the
proceeding.
If, after consideration of the report and such other evidence
as may be presented at the hearing, the court finds by clear and convincing
evidence that due to his physical condition the person (i) no longer poses a
menace to the health and safety of others and (ii) is incapable of
reregistering or verifying his registration information, the petition
shall be granted and the duty to reregister or verify his registration
information shall be terminated. However, for a person whose duty to
reregister or verify his registration information was terminated under
this subsection, the Department of State Police shall, annually for sex
offenders Tier I or Tier II offenders and quarterly for persons
convicted of sexually violent Tier III offenses and murder,
verify and report to the attorney for the Commonwealth in the jurisdiction in
which the person resides that the person continues to suffer from the physical
condition that resulted in such termination.
The court shall promptly notify the State Police upon entry of an order granting the petition to terminate the duty to reregister.
If the petition is denied, the duty to reregister shall continue. An appeal from the denial of a petition shall be to the Virginia Supreme Court.
A petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.
If, at any time, the person's physical condition changes so
that he is capable of reoffending or, reregistering, or
verifying his registration information, the attorney for the Commonwealth
shall file a petition with the circuit court in the jurisdiction where the
person resides and the court shall hold a hearing on the petition, with notice
to the person and his guardian, to determine whether the person still suffers
from a physical condition that makes the person (i) no longer a menace to the
health and safety of others and (ii) incapable of reregistering or verifying
his registration information. If the petition is granted, the duty to
reregister shall commence from the date of the court's order. An appeal from
the denial or granting of a petition shall be to the Virginia Supreme Court.
Prior to the hearing the court shall order a comprehensive assessment of the
applicant by at least two licensed physicians other than the person's primary
care physician. A report of the assessment shall be filed with the court prior
to the hearing. The costs of the assessment shall be taxed as costs of the
proceeding.
§9.1-910. Removal of name and information from Registry.
A. Any person required to register, other than a person who
has been convicted of any (i) sexually violent Tier III offense,
(ii) two or more offenses for which registration is required, (iii) a violation
of former §18.2-67.2:1, or (iv) murder, may petition the circuit court in
which he was convicted or the circuit court in the jurisdiction where he then
resides for removal of his name and all identifying information from the
Registry. A person who is required to register for a single Tier I offense
may petition may not be filed the court no earlier than 15
years, or 25 years for violations of §18.2-64.1, subsection C of §
18.2-374.1:1, or subsection C, D, or E of §18.2-374.3, or of any similar offense
under the laws of any foreign country or any political subdivision thereof or
the United States or any political subdivision thereof, after from the
later of the date of initial registration nor earlier than 15 years, or
25 years for violations of §18.2-64.1, subsection C of §18.2-374.1:1, or
subsection C, D, or E of §18.2-374.3, or of any similar offense under the laws
of any foreign country or any political subdivision thereof or the United
States or any political subdivision thereof, from or the date of his
last conviction for (a) a violation of §18.2-472.1 or (b) any felony. A
person who is required to register for a single Tier II offense may petition
the court no earlier than 25 years from the later of the date of initial
registration or the date of his last conviction for (1) a violation of §
18.2-472.1 or (2) any felony.
B. A petition may not be filed until all court ordered
treatment, counseling, and restitution has been completed. The court shall
obtain a copy of the petitioner's complete criminal history and registration
and, reregistration, and verification of registration information
history from the Registry and then hold a hearing on the petition at which the
applicant and any interested persons may present witnesses and other evidence.
The Commonwealth shall be made a party to any action under this section. If,
after such hearing, the court is satisfied that such person no longer poses a
risk to public safety, the court shall grant the petition. In the event the
petition is not granted, the person shall wait at least 24 months from the date
of the denial to file a new petition for removal from the Registry.
B. C. The State Police shall remove from the
Registry the name of any person and all identifying information upon receipt of
an order granting a petition pursuant to subsection A B.
§9.1-911. Registry maintenance.
The Registry shall include conviction data received from the
courts, including the disposition records for juveniles tried and convicted in
the circuit courts pursuant to §16.1-269.1, on convictions for offenses for
which registration is required and registrations and,
reregistrations, and verification of registration information received
from persons required to do so. The Registry shall also include a separate
indication that a person has been convicted of a sexually violent
Tier III offense. The State Police shall forthwith transmit the appropriate
information as required by the Federal Bureau of Investigation for inclusion in
the National Sex Offender Registry.
§9.1-912. Registry access and dissemination; fees.
A. Except as provided in §9.1-913 and subsection B or C of this section, Registry information shall be disseminated upon request made directly to the State Police or to the State Police through a local law-enforcement agency. Such information may be disclosed to any person requesting information on a specific individual in accordance with subsection B. The State Police shall make Registry information available, upon request, to criminal justice agencies including local law-enforcement agencies through the Virginia Criminal Information Network (VCIN). Registry information provided under this section shall be used for the purposes of the administration of criminal justice, for the screening of current or prospective employees or volunteers or otherwise for the protection of the public in general and children in particular. The Superintendent of State Police may by regulation establish a fee not to exceed $15 for responding to requests for information from the Registry. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the Registry.
B. Information regarding a specific person shall be disseminated upon receipt of an official request form that may be submitted directly to the State Police or to the State Police through a local law-enforcement agency. The official request form shall include a statement of the reason for the request; the name and address of the person requesting the information; the name, address and, if known, the social security number of the person about whom information is sought; and such other information as the State Police may require to ensure reliable identification.
C. Registry information regarding all registered offender's
electronic mail address information, any instant message, chat or other
Internet communication name or identity information may be electronically
transmitted by the Department of State Police to a business or organization
that offers electronic communication or remote computing services for the
purpose of prescreening users or for comparison with information held by the
requesting business or organization. In order to obtain the information from
the Department of State Police, the requesting business or organization that offers
electronic communication or remote computing services shall agree to notify the
Department of State Police forthwith when a comparison indicates that any such
registered sex offender's electronic mail address information, any
instant message, chat or other Internet communication name or identity
information is being used on their system. The requesting business or
organization shall also agree that the information will not be further
disseminated.
§9.1-913. Public dissemination by means of the Internet.
The State Police shall develop and maintain a system for
making certain Registry information on persons convicted of an offense for
which registration is required publicly available by means of the Internet. The
information to be made available shall include the offender's name; all aliases
that he has used or under which he may have been known; the date and locality
of the conviction and a brief description of the offense; his age, current
address, and photograph; his current work address; the name of any institution
of higher education at which he is currently enrolled; and such other
information as the State Police may from time to time determine is necessary to
preserve public safety, including but not limited to the fact that an
individual is wanted for failing to register or, reregister,
or verify his registration information. The system shall be secure and not
capable of being altered except by the State Police. The system shall be
updated each business day with newly received registrations and,
reregistrations and verifications of registration information. The State
Police shall remove all information that it knows to be inaccurate from the
Internet system.
§9.1-914. Automatic notification of registration to certain entities; electronic notification to requesting persons.
Any school, day-care service and child-minding service,
state-regulated or state-licensed child day center, child day program,
children's residential facility, family day home, assisted living facility or
foster home as defined in §63.2-100, nursing home or certified nursing
facility as defined in §32.1-123, association of a common interest community
as defined in §54.1-2345, and institution of higher education may request from
the State Police and, upon compliance with the requirements therefor
established by the State Police, shall be eligible to receive from the State
Police electronic notice of the registration or, reregistration,
or verification of registration information of any sex offender and
if such entities do not have the capability of receiving such electronic
notice, the entity may register with the State Police to receive written
notification of sex offender registration or,
reregistration, or verification of registration information. Within
three business days of receipt by the State Police of registration or,
reregistration, or verification of registration information, the State
Police shall electronically or in writing notify an entity listed above that
has requested such notification, has complied with the requirements established
by the State Police and is located in the same or a contiguous zip code area as
the address of the offender as shown on the registration.
The Virginia Council for Private Education shall annually provide the State Police, in an electronic format approved by the State Police, with the location of every private school in the Commonwealth that is accredited through one of the approved accrediting agencies of the Council, and an electronic mail address for each school if available, for purposes of receiving notice under this section.
Any person may request from the State Police and, upon
compliance with the requirements therefor established by the State Police,
shall be eligible to receive from the State Police electronic notice of the
registration or, reregistration, or verification of
registration information of any sex offender. Within three business
days of receipt by the State Police of registration or,
reregistration, or verification of registration information, the State
Police shall electronically notify a person who has requested such
notification, has complied with the requirements established by the State
Police and is located in the same or a contiguous zip code area as the address
of the offender as shown on the registration.
The State Police shall establish reasonable guidelines governing the automatic dissemination of Registry information, which may include the payment of a fee, whether a one-time fee or a regular assessment, to maintain the electronic access. The fee, if any, shall defray the costs of establishing and maintaining the electronic notification system and notice by mail.
For the purposes of this section:
"Child-minding service" means provision of temporary custodial care or supervisory services for the minor child of another;
"Day-care service" means provision of supplementary care and protection during a part of the day for the minor child of another; and
"School" means any public, religious or private educational institution, including any preschool, elementary school, secondary school, post-secondary school, trade or professional institution, or institution of higher education.
§9.1-918. Misuse of registry or supplement information; penalty.
Use of registry information or information from the Supplement
to the Registry established pursuant to §9.1-923 for purposes not authorized
by this chapter is prohibited, the unlawful use of the information contained in
or derived from the Registry or Supplement for purposes of intimidating or
harassing another is prohibited, and a willful violation of this chapter is a
Class 1 misdemeanor. For purposes of this section, absent other aggravating
circumstances, the mere republication or reasonable distribution of material
contained on or derived from the publicly available Internet sex
offender database shall not be deemed intimidation or harassment.
§15.2-2283.1. Prohibition of sexual offender treatment office in residentially zoned subdivision.
Notwithstanding any other provision of law, no individual
shall knowingly provide sex offender treatment services to a convicted sex
offender person required to register with the Sex Offender and Crimes
Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1
in an office or similar facility located in a residentially zoned subdivision.
§16.1-228. Definitions.
When used in this chapter, unless the context otherwise requires:
"Abused or neglected child" means any child:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child 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 II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected 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 allows to be committed any sexual act upon a child in violation of the law;
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco parentis;
6. Whose parents or other person responsible for his care
creates a substantial risk of physical or mental injury by knowingly leaving
the child alone in the same dwelling, including an apartment as defined in §
55.1-2000, with a person to whom the child is not related by blood or marriage
and who the parent or other person responsible for his care knows has been
convicted of an offense against a minor for which registration is required as a
violent sexual Tier III offender pursuant to §9.1-902; or
7. Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C §7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. §5101 et seq.
If a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services personnel, within 14 days of the child's birth. For purposes of terminating parental rights pursuant to §16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.
"Adoptive home" means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.
"Adult" means a person 18 years of age or older.
"Ancillary crime" or "ancillary charge" means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult.
"Boot camp" means a short term secure or nonsecure juvenile residential facility with highly structured components including, but not limited to, military style drill and ceremony, physical labor, education and rigid discipline, and no less than six months of intensive aftercare.
"Child," "juvenile," or "minor" means a person less than 18 years of age.
"Child in need of services" means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone.
However, to find that a child falls within these provisions, (i) the conduct complained of must present a clear and substantial danger to the child's life or health or to the life or health of another person, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child in need of supervision" means:
1. A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of §22.1-258; or
2. A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child's life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.
"Child welfare agency" means a child-placing agency, child-caring institution or independent foster home as defined in §63.2-100.
"The court" or the "juvenile court" or the "juvenile and domestic relations court" means the juvenile and domestic relations district court of each county or city.
"Delinquent act" means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of §18.2-308.7, or (iii) a violation of a court order as provided for in §16.1-292, but shall not include an act other than a violation of §18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§16.1-241 and 16.1-278.9, the term shall include a refusal to take a breath test in violation of §18.2-268.2 or a similar ordinance of any county, city, or town.
"Delinquent child" means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his 18th birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of §16.1-269.6.
"Department" means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.
"Family abuse" means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
"Family or household member" means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
"Fictive kin" means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.
"Foster care services" means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in §63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, or (iv) has been placed under the supervisory responsibility of the local board pursuant to §16.1-293.
"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
"Independent living services" means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. "Independent living services" may also mean services and activities provided to a person who (i) was in foster care on his 18th birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. Such services shall include counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency.
"Intake officer" means a juvenile probation officer appointed as such pursuant to the authority of this chapter.
"Jail" or "other facility designed for the detention of adults" means a local or regional correctional facility as defined in §53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.
"The judge" means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.
"This law" or "the law" means the Juvenile and Domestic Relations District Court Law embraced in this chapter.
"Legal custody" means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in §20-107.2.
"Permanent foster care placement" means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to §16.1-251 or 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child's needs on a long-term basis.
"Qualified individual" means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.
"Qualified residential treatment program" means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child's family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child's treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. §671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. §672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child's placement pursuant to §16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.
"Residual parental rights and responsibilities" means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.
"Secure facility" or "detention home" means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.
"Shelter care" means the temporary care of children in physically unrestricting facilities.
"State Board" means the State Board of Juvenile Justice.
"Status offender" means a child who commits an act prohibited by law which would not be criminal if committed by an adult.
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
"Violent juvenile felony" means any of the delinquent acts enumerated in subsection B or C of §16.1-269.1 when committed by a juvenile 14 years of age or older.
§18.2-348.1. Promoting travel for prostitution; penalty.
It is unlawful for any travel agent to knowingly promote
travel services, as defined in §59.1-445, for the purposes of prostitution or
any act in violation of an offense set forth in subdivision E 1 of
the definition of Tier III offense as defined in §9.1-902, made punishable
within the Commonwealth, whether committed within or without. Violation of this
section shall constitute a separate and distinct offense, and any person
violating this section is guilty of a Class 1 misdemeanor. Punishment for a
violation of this section shall be separate and apart from any punishment
received from any other offense. For the purposes of this section "travel
agent" means any person who for a consideration consults with or advises
persons concerning travel services in the course of his business.
§18.2-370.5. Offenses prohibiting entry onto school or other property; penalty.
A. Every adult who is convicted of a sexually violent
Tier III offense, as defined in §9.1-902, shall be prohibited from
entering or being present (i) during school hours, and during school-related or
school-sponsored activities upon any property he knows or has reason to know is
a public or private elementary or secondary school or child day center
property; (ii) on any school bus as defined in §46.2-100; or (iii) upon any
property, public or private, during hours when such property is solely being
used by a public or private elementary or secondary school for a school-related
or school-sponsored activity.
B. The provisions of clauses (i) and (iii) of subsection A shall not apply to such adult if (i) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student enrolled at the school; or (iii) he has obtained a court order pursuant to subsection C allowing him to enter and be present upon such property, has obtained the permission of the school board or of the owner of the private school or child day center or their designee for entry within all or part of the scope of the lifted ban, and is in compliance with such school board's, school's or center's terms and conditions and those of the court order.
C. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the Superintendent of Public Instruction and the chairman of the school board of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school, petition the circuit court in the county or city where the school or child day center is located for permission to enter such property. The court shall direct that the petitioner shall cause notice of the time and place of the hearing on his petition to be published once a week for two successive weeks in a newspaper meeting the requirements of §8.01-324. The newspaper notice shall contain a provision stating that written comments regarding the petition may be submitted to the clerk of court at least five days prior to the hearing. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time limits the court deems appropriate.
D. A violation of this section is punishable as a Class 6 felony.
§18.2-472.1. Providing false information or failing to provide registration information; penalty; prima facie evidence.
A. Any person subject to Chapter 9 (§9.1-900 et seq.) of
Title 9.1, other than a person convicted of a sexually violent Tier
III offense or murder as defined in §9.1-902, who knowingly fails to
register or, reregister, or verify his registration
information, or who knowingly provides materially false information to the
Sex Offender and Crimes Against Minors Registry is guilty of a Class 1
misdemeanor. A second or subsequent conviction for an offense under this
subsection is a Class 6 felony.
B. Any person convicted of a sexually violent Tier
III offense or murder, as defined in §9.1-902, who knowingly fails to
register or, reregister, or verify his registration
information, or who knowingly provides materially false information to the
Sex Offender and Crimes Against Minors Registry is guilty of a Class 6 felony.
A second or subsequent conviction for an offense under this subsection is a
Class 5 felony.
C. A prosecution pursuant to this section shall be brought in
the city or county where the offender can be found or where the offender last
registered or, reregistered, or verified his registration
information or, if the offender failed to comply with the duty to register,
where the offender was last convicted of an offense for which registration or
reregistration is required.
D. At any preliminary hearing pursuant to this section, an
affidavit from the State Police issued as required in §9.1-907 shall be
admitted into evidence as prima facie evidence of the failure to comply with
the duty to register or, reregister, or verify his
registration information. A copy of such affidavit shall be provided to the
registrant or his counsel seven days prior to hearing or trial by the attorney
for the Commonwealth.
E. The accused in any preliminary hearing in which an affidavit from the State Police issued as required in §9.1-907 is offered into evidence pursuant to this section shall have the right to summon and call a custodian of records issuing the affidavit and examine him in the same manner as if he had been called as an adverse witness. Such witness shall appear at the cost of the Commonwealth.
F. At any trial or hearing other than a preliminary hearing
conducted pursuant to this section, an affidavit from the State Police issued
as required in §9.1-907 shall constitute prima facie evidence of the failure
to comply with the duty to register or, reregister, or verify
his registration information, provided the requirements of subsection G
have been satisfied and the accused has not objected to the admission of the
affidavit pursuant to subsection H.
G. If the attorney for the Commonwealth intends to offer the affidavit into evidence in lieu of testimony at a trial or hearing, other than a preliminary hearing, he shall:
1. Provide by mail, delivery, or otherwise, a copy of the affidavit to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the affidavit so provided under subdivision 1 a notice to the accused of his right to object to having the affidavit admitted without the presence and testimony of a custodian of the records; and
3. File a copy of the affidavit and notice with the clerk of the court hearing the matter on the day that the affidavit and notice are provided to the accused.
H. In any trial or hearing, other than a preliminary hearing, the accused may object in writing to admission of the affidavit, in lieu of testimony, as evidence of the facts stated therein. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the affidavit and notice were filed with the clerk by the attorney for the Commonwealth, or the objection shall be deemed waived. If timely objection is made, the affidavit shall not be admissible into evidence unless (i) the objection is waived by the accused or his counsel in writing or before the court, or (ii) the parties stipulate before the court to the admissibility of the affidavit.
I. Where a custodian of the records is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.
J. Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection G shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused's objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection G, the accused's objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection I.
K. For the purposes of this section any conviction for a substantially similar offense under the laws of (i) any foreign country or any political subdivision thereof, or (ii) any state or territory of the United States or any political subdivision thereof, the District of Columbia, or the United States shall be considered a prior conviction.
§22.1-79. Powers and duties.
A school board shall:
1. See that the school laws are properly explained, enforced and observed;
2. Secure, by visitation or otherwise, as full information as possible about the conduct of the public schools in the school division and take care that they are conducted according to law and with the utmost efficiency;
3. Care for, manage and control the property of the school division and provide for the erecting, furnishing, equipping, and noninstructional operating of necessary school buildings and appurtenances and the maintenance thereof by purchase, lease, or other contracts;
4. Provide for the consolidation of schools or redistricting of school boundaries or adopt pupil assignment plans whenever such procedure will contribute to the efficiency of the school division;
5. Insofar as not inconsistent with state statutes and regulations of the Board of Education, operate and maintain the public schools in the school division and determine the length of the school term, the studies to be pursued, the methods of teaching and the government to be employed in the schools;
6. In instances in which no grievance procedure has been adopted prior to January 1, 1991, establish and administer by July 1, 1992, a grievance procedure for all school board employees, except the division superintendent and those employees covered under the provisions of Article 2 (§22.1-293 et seq.) and Article 3 (§22.1-306 et seq.) of Chapter 15 of this title, who have completed such probationary period as may be required by the school board, not to exceed 18 months. The grievance procedure shall afford a timely and fair method of the resolution of disputes arising between the school board and such employees regarding dismissal or other disciplinary actions, excluding suspensions, and shall be consistent with the provisions of the Board of Education's procedures for adjusting grievances. Except in the case of dismissal, suspension, or other disciplinary action, the grievance procedure prescribed by the Board of Education pursuant to §22.1-308 shall apply to all full-time employees of a school board, except supervisory employees;
7. Perform such other duties as shall be prescribed by the Board of Education or as are imposed by law;
8. Obtain public comment through a public hearing not less than 10 days after reasonable notice to the public in a newspaper of general circulation in the school division prior to providing (i) for the consolidation of schools; (ii) the transfer from the public school system of the administration of all instructional services for any public school classroom or all noninstructional services in the school division pursuant to a contract with any private entity or organization; or (iii) in school divisions having 15,000 pupils or more in average daily membership, for redistricting of school boundaries or adopting any pupil assignment plan affecting the assignment of 15 percent or more of the pupils in average daily membership in the affected school. Such public hearing may be held at the same time and place as the meeting of the school board at which the proposed action is taken if the public hearing is held before the action is taken. If a public hearing has been held prior to the effective date of this provision on a proposed consolidation, redistricting or pupil assignment plan which is to be implemented after the effective date of this provision, an additional public hearing shall not be required;
9. (Expires July 1, 2025) At least annually, survey the school division to identify critical shortages of teachers and administrative personnel by subject matter, and report such critical shortages to the Superintendent of Public Instruction and to the Virginia Retirement System; however, the school board may request the division superintendent to conduct such survey and submit such report to the school board, the Superintendent, and the Virginia Retirement System; and
10. Ensure that the public schools within the school division
are registered with the Department of State Police to receive from the State
Police electronic notice of the registration or, reregistration,
or verification of registration information of any sex offender
person required to register with the Sex Offender and Crimes Against Minors
Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1 within that
school division pursuant to §9.1-914.
§23.1-407. Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry.
A. Each associate-degree-granting and baccalaureate (i) public institution of higher education and (ii) private institution of higher education shall electronically transmit the complete name, social security number or other identifying number, date of birth, and gender of each applicant accepted to attend the institution to the Department of State Police, in a format approved by the Department of State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Sex Offender Registry File. Such data shall be transmitted (a) before an accepted applicant becomes a student in attendance pursuant to 20 U.S.C. §1232g(a)(6) or (b) in the case of institutions with a rolling or instantaneous admissions policy, in accordance with guidelines developed by the Department of State Police in consultation with the Council.
B. Whenever it appears from the records of the Department of
State Police that an accepted applicant has failed to comply with the duty to
register or, reregister, or verify his registration
information pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1, the
Department of State Police shall promptly investigate and, if there is probable
cause to believe a violation has occurred, obtain a warrant or assist in
obtaining an indictment charging a violation of §18.2-472.1 in the
jurisdiction in which the institution of higher education is located.
§32.1-127. Regulations.
A. The regulations promulgated by the Board to carry out the provisions of this article shall be in substantial conformity to the standards of health, hygiene, sanitation, construction and safety as established and recognized by medical and health care professionals and by specialists in matters of public health and safety, including health and safety standards established under provisions of Title XVIII and Title XIX of the Social Security Act, and to the provisions of Article 2 (§32.1-138 et seq.).
B. Such regulations:
1. Shall include minimum standards for (i) the construction and maintenance of hospitals, nursing homes and certified nursing facilities to ensure the environmental protection and the life safety of its patients, employees, and the public; (ii) the operation, staffing and equipping of hospitals, nursing homes and certified nursing facilities; (iii) qualifications and training of staff of hospitals, nursing homes and certified nursing facilities, except those professionals licensed or certified by the Department of Health Professions; (iv) conditions under which a hospital or nursing home may provide medical and nursing services to patients in their places of residence; and (v) policies related to infection prevention, disaster preparedness, and facility security of hospitals, nursing homes, and certified nursing facilities. For purposes of this paragraph, facilities in which five or more first trimester abortions per month are performed shall be classified as a category of "hospital";
2. Shall provide that at least one physician who is licensed to practice medicine in this Commonwealth shall be on call at all times, though not necessarily physically present on the premises, at each hospital which operates or holds itself out as operating an emergency service;
3. May classify hospitals and nursing homes by type of specialty or service and may provide for licensing hospitals and nursing homes by bed capacity and by type of specialty or service;
4. Shall also require that each hospital establish a protocol for organ donation, in compliance with federal law and the regulations of the Centers for Medicare and Medicaid Services (CMS), particularly 42 C.F.R. § 482.45. Each hospital shall have an agreement with an organ procurement organization designated in CMS regulations for routine contact, whereby the provider's designated organ procurement organization certified by CMS (i) is notified in a timely manner of all deaths or imminent deaths of patients in the hospital and (ii) is authorized to determine the suitability of the decedent or patient for organ donation and, in the absence of a similar arrangement with any eye bank or tissue bank in Virginia certified by the Eye Bank Association of America or the American Association of Tissue Banks, the suitability for tissue and eye donation. The hospital shall also have an agreement with at least one tissue bank and at least one eye bank to cooperate in the retrieval, processing, preservation, storage, and distribution of tissues and eyes to ensure that all usable tissues and eyes are obtained from potential donors and to avoid interference with organ procurement. The protocol shall ensure that the hospital collaborates with the designated organ procurement organization to inform the family of each potential donor of the option to donate organs, tissues, or eyes or to decline to donate. The individual making contact with the family shall have completed a course in the methodology for approaching potential donor families and requesting organ or tissue donation that (a) is offered or approved by the organ procurement organization and designed in conjunction with the tissue and eye bank community and (b) encourages discretion and sensitivity according to the specific circumstances, views, and beliefs of the relevant family. In addition, the hospital shall work cooperatively with the designated organ procurement organization in educating the staff responsible for contacting the organ procurement organization's personnel on donation issues, the proper review of death records to improve identification of potential donors, and the proper procedures for maintaining potential donors while necessary testing and placement of potential donated organs, tissues, and eyes takes place. This process shall be followed, without exception, unless the family of the relevant decedent or patient has expressed opposition to organ donation, the chief administrative officer of the hospital or his designee knows of such opposition, and no donor card or other relevant document, such as an advance directive, can be found;
5. Shall require that each hospital that provides obstetrical services establish a protocol for admission or transfer of any pregnant woman who presents herself while in labor;
6. Shall also require that each licensed hospital develop and implement a protocol requiring written discharge plans for identified, substance-abusing, postpartum women and their infants. The protocol shall require that the discharge plan be discussed with the patient and that appropriate referrals for the mother and the infant be made and documented. Appropriate referrals may include, but need not be limited to, treatment services, comprehensive early intervention services for infants and toddlers with disabilities and their families pursuant to Part H of the Individuals with Disabilities Education Act, 20 U.S.C. §1471 et seq., and family-oriented prevention services. The discharge planning process shall involve, to the extent possible, the father of the infant and any members of the patient's extended family who may participate in the follow-up care for the mother and the infant. Immediately upon identification, pursuant to §54.1-2403.1, of any substance-abusing, postpartum woman, the hospital shall notify, subject to federal law restrictions, the community services board of the jurisdiction in which the woman resides to appoint a discharge plan manager. The community services board shall implement and manage the discharge plan;
7. Shall require that each nursing home and certified nursing facility fully disclose to the applicant for admission the home's or facility's admissions policies, including any preferences given;
8. Shall require that each licensed hospital establish a protocol relating to the rights and responsibilities of patients which shall include a process reasonably designed to inform patients of such rights and responsibilities. Such rights and responsibilities of patients, a copy of which shall be given to patients on admission, shall be consistent with applicable federal law and regulations of the Centers for Medicare and Medicaid Services;
9. Shall establish standards and maintain a process for designation of levels or categories of care in neonatal services according to an applicable national or state-developed evaluation system. Such standards may be differentiated for various levels or categories of care and may include, but need not be limited to, requirements for staffing credentials, staff/patient ratios, equipment, and medical protocols;
10. Shall require that each nursing home and certified nursing facility train all employees who are mandated to report adult abuse, neglect, or exploitation pursuant to §63.2-1606 on such reporting procedures and the consequences for failing to make a required report;
11. Shall permit hospital personnel, as designated in medical staff bylaws, rules and regulations, or hospital policies and procedures, to accept emergency telephone and other verbal orders for medication or treatment for hospital patients from physicians, and other persons lawfully authorized by state statute to give patient orders, subject to a requirement that such verbal order be signed, within a reasonable period of time not to exceed 72 hours as specified in the hospital's medical staff bylaws, rules and regulations or hospital policies and procedures, by the person giving the order, or, when such person is not available within the period of time specified, co-signed by another physician or other person authorized to give the order;
12. Shall require, unless the vaccination is medically contraindicated or the resident declines the offer of the vaccination, that each certified nursing facility and nursing home provide or arrange for the administration to its residents of (i) an annual vaccination against influenza and (ii) a pneumococcal vaccination, in accordance with the most recent recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention;
13. Shall require that each nursing home and certified nursing
facility register with the Department of State Police to receive notice of the
registration or, reregistration, or verification of
registration information of any sex offender person required to
register with the Sex Offender and Crimes Against Minors Registry pursuant to
Chapter 9 (§9.1-900 et seq.) of Title 9.1 within the same or a contiguous
zip code area in which the home or facility is located, pursuant to §9.1-914;
14. Shall require that each nursing home and certified nursing
facility ascertain, prior to admission, whether a potential patient is a
registered sex offender required to register with the Sex Offender and
Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of
Title 9.1, if the home or facility anticipates the potential patient will
have a length of stay greater than three days or in fact stays longer than
three days;
15. Shall require that each licensed hospital include in its visitation policy a provision allowing each adult patient to receive visits from any individual from whom the patient desires to receive visits, subject to other restrictions contained in the visitation policy including, but not limited to, those related to the patient's medical condition and the number of visitors permitted in the patient's room simultaneously;
16. Shall require that each nursing home and certified nursing facility shall, upon the request of the facility's family council, send notices and information about the family council mutually developed by the family council and the administration of the nursing home or certified nursing facility, and provided to the facility for such purpose, to the listed responsible party or a contact person of the resident's choice up to six times per year. Such notices may be included together with a monthly billing statement or other regular communication. Notices and information shall also be posted in a designated location within the nursing home or certified nursing facility. No family member of a resident or other resident representative shall be restricted from participating in meetings in the facility with the families or resident representatives of other residents in the facility;
17. Shall require that each nursing home and certified nursing facility maintain liability insurance coverage in a minimum amount of $1 million, and professional liability coverage in an amount at least equal to the recovery limit set forth in §8.01-581.15, to compensate patients or individuals for injuries and losses resulting from the negligent or criminal acts of the facility. Failure to maintain such minimum insurance shall result in revocation of the facility's license;
18. Shall require each hospital that provides obstetrical services to establish policies to follow when a stillbirth, as defined in § 32.1-69.1, occurs that meet the guidelines pertaining to counseling patients and their families and other aspects of managing stillbirths as may be specified by the Board in its regulations;
19. Shall require each nursing home to provide a full refund of any unexpended patient funds on deposit with the facility following the discharge or death of a patient, other than entrance-related fees paid to a continuing care provider as defined in §38.2-4900, within 30 days of a written request for such funds by the discharged patient or, in the case of the death of a patient, the person administering the person's estate in accordance with the Virginia Small Estates Act (§64.2-600 et seq.);
20. Shall require that each hospital that provides inpatient psychiatric services establish a protocol that requires, for any refusal to admit (i) a medically stable patient referred to its psychiatric unit, direct verbal communication between the on-call physician in the psychiatric unit and the referring physician, if requested by such referring physician, and prohibits on-call physicians or other hospital staff from refusing a request for such direct verbal communication by a referring physician and (ii) a patient for whom there is a question regarding the medical stability or medical appropriateness of admission for inpatient psychiatric services due to a situation involving results of a toxicology screening, the on-call physician in the psychiatric unit to which the patient is sought to be transferred to participate in direct verbal communication, either in person or via telephone, with a clinical toxicologist or other person who is a Certified Specialist in Poison Information employed by a poison control center that is accredited by the American Association of Poison Control Centers to review the results of the toxicology screen and determine whether a medical reason for refusing admission to the psychiatric unit related to the results of the toxicology screen exists, if requested by the referring physician;
21. Shall require that each hospital that is equipped to provide life-sustaining treatment shall develop a policy governing determination of the medical and ethical appropriateness of proposed medical care, which shall include (i) a process for obtaining a second opinion regarding the medical and ethical appropriateness of proposed medical care in cases in which a physician has determined proposed care to be medically or ethically inappropriate; (ii) provisions for review of the determination that proposed medical care is medically or ethically inappropriate by an interdisciplinary medical review committee and a determination by the interdisciplinary medical review committee regarding the medical and ethical appropriateness of the proposed health care; and (iii) requirements for a written explanation of the decision reached by the interdisciplinary medical review committee, which shall be included in the patient's medical record. Such policy shall ensure that the patient, his agent, or the person authorized to make medical decisions pursuant to §54.1-2986 (a) are informed of the patient's right to obtain his medical record and to obtain an independent medical opinion and (b) afforded reasonable opportunity to participate in the medical review committee meeting. Nothing in such policy shall prevent the patient, his agent, or the person authorized to make medical decisions pursuant to §54.1-2986 from obtaining legal counsel to represent the patient or from seeking other remedies available at law, including seeking court review, provided that the patient, his agent, or the person authorized to make medical decisions pursuant to §54.1-2986, or legal counsel provides written notice to the chief executive officer of the hospital within 14 days of the date on which the physician's determination that proposed medical treatment is medically or ethically inappropriate is documented in the patient's medical record;
22. Shall require every hospital with an emergency department to establish protocols to ensure that security personnel of the emergency department, if any, receive training appropriate to the populations served by the emergency department, which may include training based on a trauma-informed approach in identifying and safely addressing situations involving patients or other persons who pose a risk of harm to themselves or others due to mental illness or substance abuse or who are experiencing a mental health crisis;
23. Shall require that each hospital establish a protocol requiring that, before a health care provider arranges for air medical transportation services for a patient who does not have an emergency medical condition as defined in 42 U.S.C. §1395dd(e)(1), the hospital shall provide the patient or his authorized representative with written or electronic notice that the patient (i) may have a choice of transportation by an air medical transportation provider or medically appropriate ground transportation by an emergency medical services provider and (ii) will be responsible for charges incurred for such transportation in the event that the provider is not a contracted network provider of the patient's health insurance carrier or such charges are not otherwise covered in full or in part by the patient's health insurance plan; and
24. Shall establish an exemption, for a period of no more than 30 days, from the requirement to obtain a license to add temporary beds in an existing hospital or nursing home when the Commissioner has determined that a natural or man-made disaster has caused the evacuation of a hospital or nursing home and that a public health emergency exists due to a shortage of hospital or nursing home beds.
C. Upon obtaining the appropriate license, if applicable, licensed hospitals, nursing homes, and certified nursing facilities may operate adult day care centers.
D. All facilities licensed by the Board pursuant to this article which provide treatment or care for hemophiliacs and, in the course of such treatment, stock clotting factors, shall maintain records of all lot numbers or other unique identifiers for such clotting factors in order that, in the event the lot is found to be contaminated with an infectious agent, those hemophiliacs who have received units of this contaminated clotting factor may be apprised of this contamination. Facilities which have identified a lot which is known to be contaminated shall notify the recipient's attending physician and request that he notify the recipient of the contamination. If the physician is unavailable, the facility shall notify by mail, return receipt requested, each recipient who received treatment from a known contaminated lot at the individual's last known address.
§46.2-116. Registration with Department of Criminal Justice Services required for tow truck drivers; penalty.
A. As used in this section and §§46.2-117, 46.2-118, and 46.2-119:
"Consumer" means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle.
"Department" means the Department of Criminal Justice Services.
"Tow truck driver" means an individual who drives a tow truck as defined in §46.2-100.
"Towing and recovery operator" means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. "Towing and recovery operator" shall not include a franchised motor vehicle dealer as defined in §46.2-1500 using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest.
B. On and after January 1, 2013, no tow truck driver shall drive any tow truck without being registered with the Department, except that this requirement shall not apply to any holder of a tow truck driver authorization document issued pursuant to former §46.2-2814 until the expiration date of such document. The Department may offer a temporary registration or driver authorization document that is effective upon the submission of an application and that expires upon the issuance or denial of a permanent registration. Every applicant for an initial registration or renewal of registration pursuant to this section shall submit his registration application, fingerprints, and personal descriptive information to the Department and a nonrefundable application fee of $100. The Department shall forward the personal descriptive information along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. The cost of the fingerprinting and criminal history record check shall be paid by the applicant.
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the Department. If an applicant is denied registration as a tow truck driver because of the information appearing in his criminal history record, the Department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section.
C. No registration shall be issued to any person who (i) is
required to register as a sex offender as provided in §9.1-901 with the
Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§
9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any
other state, the United States, or any foreign jurisdiction; (ii) has been
convicted of a violent crime as defined in subsection C of §17.1-805 unless
such person held a valid tow truck driver authorization document on January 1,
2013, issued by the Board of Towing and Recovery Operators pursuant to former
Chapter 28 (§46.2-2800 et seq.), and has not been convicted of a violent crime
as defined in subsection C of §17.1-805 subsequent to the abolition of the
Board; or (iii) has been convicted of any crime involving the driving of a tow
truck, including drug or alcohol offenses, but not traffic infraction convictions.
Any person registered pursuant to this section shall report to the Department
within 10 days of conviction any convictions for felonies or misdemeanors that
occur while he is registered with the Department.
D. Any tow truck driver failing to register with the Department as required by this section is guilty of a Class 3 misdemeanor. A tow truck driver registered with the Department shall have such registration in his possession whenever driving a tow truck on the highways.
E. Registrations issued by the Department pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department in accordance with §46.2-117.
§46.2-117. Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs.
A. Upon receipt of written notice from the Division of Consumer Counsel of the Office of the Attorney General that it has obtained a civil judgment against a tow truck driver for a violation of subsection A of § 46.2-118 or §46.2-1217, 46.2-1231, or 46.2-1233.1 or upon the failure of a tow truck driver to report to the Department within 10 days any conviction for a felony or misdemeanor that occurred while he is registered in accordance with § 46.2-116, the Department may revoke or suspend the registration of a tow truck driver after notice and hearing as provided in subsection C.
B. Furthermore, the Department shall, after notice and hearing as provided in subsection C, revoke or suspend the registration of a tow truck driver for:
1. Conviction of any crime for which a person must register
as a sex offender as provided in §9.1-901 with the Sex Offender and
Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of
Title 9.1 or in a substantially similar law of any other state, the United
States, or any foreign jurisdiction;
2. Conviction of a violent crime as defined in subsection C of §17.1-805; or
3. Conviction of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.
C. Before suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck driver by the Department in accordance with the provisions of §2.2-4020 of the Administrative Process Act. In suspending or revoking the registration of a tow truck driver, the Department may assess the tow truck driver the cost of conducting the hearing unless the Department determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute. Any costs assessed by the Department shall be limited to (i) the reasonable hourly rate of the hearing officer and (ii) the actual cost of recording the hearing.
§46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators.
A. No tow truck driver shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Obtain any fee by fraud or misrepresentation;
5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth; or
6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services.
B. No towing and recovery operator shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed by the towing and recovery operator;
5. Obtain any fee by fraud or misrepresentation;
6. Advertise services in any manner that deceives, misleads, or defrauds the public;
7. Advertise or offer services under a name other than one's own name;
8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in §46.2-1217, but shall be required to accept personal checks;
9. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;
10. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;
11. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;
12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;
13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;
14. Employ a driver required to register as a sex offender
as provided in §9.1-901 with the Sex Offender and Crimes Against Minors
Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1;
15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;
16. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the vehicle;
17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or
18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in §46.2-1209.
C. No tow truck driver as defined in §46.2-116 or towing and recovery operator as defined in §46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in §46.2-100 while such motor vehicle is being towed.
§46.2-323. Application for driver's license; proof of completion of driver education program; penalty.
A. Every application for a driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit shall be made on a form prescribed by the Department and the applicant shall write his usual signature in ink in the space provided on the form. The form shall include notice to the applicant of the duty to register with the Department of State Police as provided in Chapter 9 (§9.1-900 et seq.) of Title 9.1, if the applicant has been convicted of an offense for which registration with the Sex Offender and Crimes Against Minors Registry is required.
B. Every application shall state the full legal name, year, month, and date of birth, social security number, sex, and residence address of the applicant; whether or not the applicant has previously been licensed as a driver and, if so, when and by what state, and whether or not his license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation. The Department, as a condition for the issuance of any driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit shall require the surrender of any driver's license or, in the case of a motorcycle learner's permit, a motorcycle license issued by another state and held by the applicant. The applicant shall also answer any questions on the application form or otherwise propounded by the Department incidental to the examination. The applicant may also be required to present proof of identity, residency, and social security number or non-work authorized status, if required to appear in person before the Department to apply.
The Commissioner shall require that each application include a certification statement to be signed by the applicant under penalty of perjury, certifying that the information presented on the application is true and correct.
If the applicant fails or refuses to sign the certification statement, the Department shall not issue the applicant a driver's license, temporary driver's permit, learner's permit or motorcycle learner's permit.
Any applicant who knowingly makes a false certification or supplies false or fictitious evidence shall be punished as provided in § 46.2-348.
C. Every application for a driver's license shall include a photograph of the applicant supplied under arrangements made by the Department. The photograph shall be processed by the Department so that the photograph can be made part of the issued license.
D. Notwithstanding the provisions of §46.2-334, every applicant for a driver's license who is under 18 years of age shall furnish the Department with satisfactory proof of his successful completion of a driver education program approved by the State Department of Education.
E. Every application for a driver's license submitted by a person less than 18 years old and attending a public school in the Commonwealth shall be accompanied by a document, signed by the applicant's parent or legal guardian, authorizing the principal, or his designee, of the school attended by the applicant to notify the juvenile and domestic relations district court within whose jurisdiction the minor resides when the applicant has had 10 or more unexcused absences from school on consecutive school days.
F. The Department shall electronically transmit application
information to the Department of State Police, in a format approved by the
State Police, for comparison with information contained in the Virginia
Criminal Information Network and National Crime Information Center Convicted
Sexual Offender Registry Files, at the time of issuance of a driver's license,
temporary driver's permit, learner's permit, or motorcycle learner's permit.
Whenever it appears from the records of the State Police that a person has
failed to comply with the duty to register or, reregister, or
verify his registration information pursuant to Chapter 9 (§9.1-900 et
seq.) of Title 9.1, the State Police shall promptly investigate and, if there
is probable cause to believe a violation has occurred, obtain a warrant or
assist in obtaining an indictment charging a violation of §18.2-472.1 in the
jurisdiction in which the person made application of licensure.
§46.2-324. Applicants and license holders to notify Department of change of address; fee.
A. Whenever any person, after applying for or obtaining a driver's license or special identification card shall move from the address shown in the application or on the license or special identification card, he shall, within 30 days, notify the Department of his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person's residential address has changed to a non-Virginia address, unless the person (i) is on active duty with the armed forces of the United States, (ii) provides proof that he is a U.S. citizen and resides outside the United States because of his employment or the employment of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner that he is a bona fide resident of Virginia, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his license and/or special identification card will be cancelled by the Department and (ii) cancel the driver's license and/or special identification card 30 days after notice of cancellation has been mailed.
B. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
C. There may be imposed upon anyone failing to notify the Department of his change of address as required by this section a fee of $5, which fee shall be used to defray the expenses incurred by the Department. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.
D. The Department shall electronically transmit change of
address information to the Department of State Police, in a format approved by
the State Police, for comparison with information contained in the Virginia
Criminal Information Network and National Crime Information Center Convicted
Sexual Offender Registry Files, at the time of the change of address. Whenever
it appears from the records of the State Police that a person has failed to
comply with the duty to register or, reregister, or verify his
registration information pursuant to Chapter 9 (§9.1-900 et seq.) of Title
9.1, the State Police shall promptly investigate and, if there is probable
cause to believe a violation has occurred, obtain a warrant or assist in
obtaining an indictment charging a violation of §18.2-472.1 in the
jurisdiction in which the person last registered or, reregistered,
or verified his registration information or in the jurisdiction where the
person made application for change of address.
E. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.
§46.2-330. Expiration and renewal of licenses; examinations required.
A. Every driver's license shall expire on the applicant's birthday at the end of the period of years for which a driver's license has been issued. At no time shall any driver's license be issued for more than eight years or less than five years, unless otherwise provided by law. Thereafter the driver's license shall be renewed on or before the birthday of the licensee and shall be valid for a period not to exceed eight years except as otherwise provided by law. Any driver's license issued to a person age 75 or older shall be issued for a period not to exceed five years. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring license if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, (ii) the extension has been authorized under a directive from the Governor, and (iii) the license was not issued as a temporary driver's license under the provisions of subsection B of §46.2-328.1. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions. In determining the number of years for which a driver's license shall be renewed, the Commissioner shall take into consideration the examinations, conditions, requirements, and other criteria provided under this title that relate to the issuance of a license to operate a vehicle. Any driver's license issued to a person required to register pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1 shall expire on the applicant's birthday in years which the applicant attains an age equally divisible by five.
B. Within one year prior to the date shown on the driver's license as the date of expiration, the Department shall send notice, to the holder thereof, at the address shown on the records of the Department in its driver's license file, that his license will expire on a date specified therein, whether he must be reexamined, and when he may be reexamined. Nonreceipt of the notice shall not extend the period of validity of the driver's license beyond its expiration date. The license holder may request the Department to send such renewal notice to an email or other electronic address, upon provision of such address to the Department.
Any driver's license may be renewed by application after the applicant has taken and successfully completed those parts of the examination provided for in §§46.2-311, 46.2-325, and the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.), including vision and written tests, other than the parts of the examination requiring the applicant to drive a motor vehicle. All drivers applying in person for renewal of a license shall take and successfully complete the examination each renewal year. Every applicant for a renewal shall appear in person before the Department, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice. Applicants who are required to appear in person before the Department to apply for a renewal may also be required to present proof of identity, legal presence, residency, and social security number or non-work authorized status.
C. Notwithstanding any other provision of this section, the Commissioner, in his discretion, may require any applicant for renewal to be fully examined as provided in §§46.2-311 and 46.2-325 and the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.). Furthermore, if the applicant is less than 75 years old, the Commissioner may waive the vision examination for any applicant for renewal of a driver's license that is not a commercial driver's license and the requirement for the taking of the written test as provided in subsection B of this section, §46.2-325, and the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.). However, in no case shall there be any waiver of the vision examination for applicants for renewal of a commercial driver's license or of the knowledge test required by the Virginia Commercial Driver's License Act for the hazardous materials endorsement on a commercial driver's license. No driver's license or learner's permit issued to any person who is 75 years old or older shall be renewed unless the applicant for renewal appears in person and either (i) passes a vision examination or (ii) presents a report of a vision examination, made within 90 days prior thereto by an ophthalmologist or optometrist, indicating that the applicant's vision meets or exceeds the standards contained in § 46.2-311.
D. Every applicant for renewal of a driver's license, whether renewal shall or shall not be dependent on any examination of the applicant, shall appear in person before the Department to apply for renewal, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice.
E. This section shall not modify the provisions of § 46.2-221.2.
F. 1. The Department shall electronically transmit application
information, including a photograph, to the Department of State Police, in a
format approved by the State Police, for comparison with information contained
in the Virginia Criminal Information Network and National Crime Information
Center Convicted Sexual Offender Registry files, at the time of the renewal of
a driver's license. Whenever it appears from the records of the State Police
that a person has failed to comply with the duty to register or,
reregister, or verify his registration information pursuant to Chapter 9
(§9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate
and, if there is probable cause to believe a violation has occurred, obtain a
warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1 in the jurisdiction in which the person last registered or,
reregistered, or verified his registration information or in the jurisdiction
where the person made application for licensure. The Department of State Police
shall electronically transmit to the Department, in a format approved by the
Department, for each person required to register pursuant to Chapter 9 of Title
9.1, registry information consisting of the person's name, all aliases that he
has used or under which he may have been known, his date of birth, and his
social security number as set out in §9.1-903.
2. For each person required to register pursuant to Chapter 9 of Title 9.1, the Department may not waive the requirement that each such person shall appear for each renewal or the requirement to obtain a photograph in accordance with subsection C of §46.2-323.
§46.2-345. Issuance of special identification cards; fee; confidentiality; penalties.
A. On the application of any person who is a resident of the Commonwealth or the parent or legal guardian of any such person who is under the age of 15, the Department shall issue a special identification card to the person, provided that:
1. Application is made on a form prescribed by the Department and includes the applicant's full legal name; year, month, and date of birth; social security number; sex; and residence address;
2. The applicant presents, when required by the Department, proof of identity, legal presence, residency, and social security number or non-work authorized status;
3. The Department is satisfied that the applicant needs an identification card or the applicant shows he has a bona fide need for such a card; and
4. The applicant does not hold a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card without a photograph.
Persons 70 years of age or older may exchange a valid Virginia driver's license for a special identification card at no fee. Special identification cards subsequently issued to such persons shall be subject to the regular fees for special identification cards.
B. The fee for the issuance of an original, duplicate, reissue, or renewal special identification card is $2 per year, with a $10 minimum fee. Persons 21 years old or older may be issued a scenic special identification card for an additional fee of $5.
C. Every special identification card shall expire on the applicant's birthday at the end of the period of years for which a special identification card has been issued. At no time shall any special identification card be issued for less than three nor more than eight years, except under the provisions of subsection B of §46.2-328.1 and except that those cards issued to children under the age of 15 shall expire on the child's sixteenth birthday. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring card if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, (ii) the extension has been authorized under a directive from the Governor, and (iii) the card was not issued as a temporary special identification card under the provisions of subsection B of §46.2-328.1. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions. Any special identification card issued to a person required to register pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1 shall expire on the applicant's birthday in years which the applicant attains an age equally divisible by five. For each person required to register pursuant to Chapter 9 of Title 9.1, the Department may not waive the requirement that each such person shall appear for each renewal or the requirement to obtain a photograph in accordance with subsection C of §46.2-323.
D. A special identification card issued under this section may be similar in size, shape, and design to a driver's license, and include a photograph of its holder, but the card shall be readily distinguishable from a driver's license and shall clearly state that it does not authorize the person to whom it is issued to drive a motor vehicle. Every applicant for a special identification card shall appear in person before the Department to apply for a renewal, duplicate or reissue unless specifically permitted by the Department to apply in another manner.
E. Special identification cards, for persons at least 15 years old but less than 21 years old, shall be immediately and readily distinguishable from those issued to persons 21 years old or older. Distinguishing characteristics shall include unique design elements of the document and descriptors within the photograph area to identify persons who are at least 15 years old but less than 21 years old. These descriptors shall include the month, day, and year when the person will become 21 years old.
F. Special identification cards for persons under age 15 shall bear a full face photograph. The special identification card issued to persons under age 15 shall be readily distinguishable from a driver's license and from other special identification cards issued by the Department. Such cards shall clearly indicate that it does not authorize the person to whom it is issued to drive a motor vehicle.
G. Unless otherwise prohibited by law, a valid Virginia driver's license shall be surrendered upon application for a special identification card without the applicant's having to present proof of legal presence as required by §46.2-328.1 if the Virginia driver's license is unexpired and it has not been revoked, suspended, or cancelled. The special identification card shall be considered a reissue and the expiration date shall be the last day of the month of the surrendered driver's license's month of expiration.
H. Any personal information, as identified in §2.2-3801, which is retained by the Department from an application for the issuance of a special identification card is confidential and shall not be divulged to any person, association, corporation, or organization, public or private, except to the legal guardian or the attorney of the applicant or to a person, association, corporation, or organization nominated in writing by the applicant, his legal guardian, or his attorney. This subsection shall not prevent the Department from furnishing the application or any information thereon to any law-enforcement agency.
I. Any person who uses a false or fictitious name or gives a false or fictitious address in any application for an identification card or knowingly makes a false statement or conceals a material fact or otherwise commits a fraud in any such application shall be guilty of a Class 2 misdemeanor. However, where the name or address is given, or false statement is made, or fact is concealed, or fraud committed, with the intent to purchase a firearm or where the identification card is obtained for the purpose of committing any offense punishable as a felony, a violation of this section shall constitute a Class 4 felony.
J. The Department shall utilize the various communications media throughout the Commonwealth to inform Virginia residents of the provisions of this section and to promote and encourage the public to take advantage of its provisions.
K. The Department shall electronically transmit application
information to the Department of State Police, in a format approved by the
State Police, for comparison with information contained in the Virginia
Criminal Information Network and National Crime Information Center Convicted
Sexual Offender Registry Files, at the time of issuance of a special
identification card. Whenever it appears from the records of the State Police
that a person has failed to comply with the duty to register or,
reregister, or verify his registration information pursuant to Chapter 9
(§9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate
and, if there is probable cause to believe a violation has occurred, obtain a
warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1 in the jurisdiction in which the person made application for the
special identification card.
L. When requested by the applicant, the applicant's parent if the applicant is a minor, or the applicant's guardian, and upon presentation of a signed statement by a licensed physician confirming the applicant's condition, the Department shall indicate on the applicant's special identification card that the applicant has any condition listed in subsection K of §46.2-342 or that the applicant is blind or vision impaired.
§46.2-2011.33. Prohibition on taxicab operators; registered sex offender.
No person who is required to register with the Sex Offender
and Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of
Title 9.1 for a sexually violent Tier III offense, as defined in
subsection E of §9.1-902, or who is listed on the U.S. Department of
Justice's National Sex Offender Public Website for an offense that is similar
to a sexually violent Tier III offense may operate a taxicab for
the transportation of passengers for remuneration over the highways of the
Commonwealth.
§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 or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including, but not limited to, a child 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 II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;
2. Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health. However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child's best interest. Nothing in this subdivision shall be construed to limit the provisions of §16.1-278.4;
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 allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;
5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco parentis;
6. Whose parents or other person responsible for his care
creates a substantial risk of physical or mental injury by knowingly leaving
the child alone in the same dwelling, including an apartment as defined in §
55.1-2000, with a person to whom the child is not related by blood or marriage
and who the parent or other person responsible for his care knows has been
convicted of an offense against a minor for which registration is required as a
violent sexual Tier III offender pursuant to §9.1-902; or
7. Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C §7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C. §5101 et seq.
If a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services providers, within 14 days of the child's birth. For purposes of terminating parental rights pursuant to §16.1-283 and placement for adoption, the court may find such a child is a neglected child upon 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 child with the intent of adoption.
"Adoptive placement" means arranging for the care of a child who is in the custody of a child-placing agency in an approved home for the purpose of adoption.
"Adult abuse" means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult as defined in §63.2-1603.
"Adult day care center" means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults.
"Adult exploitation" means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in §63.2-1603 or his funds, property, benefits, resources, or other assets for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. "Adult exploitation" includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services.
"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 neglect" means that an adult as defined in § 63.2-1603 is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. However, no adult shall be considered neglected solely on the basis that such adult is receiving religious nonmedical treatment or religious nonmedical nursing care in lieu of medical care, provided that such treatment or care is performed in good faith and in accordance with the religious practices of the adult and there is a written or oral expression of consent by that adult.
"Adult protective services" means services provided by the local department that are necessary to protect an adult as defined in § 63.2-1603 from abuse, neglect or exploitation.
"Assisted living care" means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require at least a moderate level of assistance with activities of daily living.
"Assisted living facility" means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; (iii) a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21, or 22 if enrolled in an educational program for the handicapped pursuant to §22.1-214, when such facility is licensed by the Department as a children's residential facility under Chapter 17 (§63.2-1700 et seq.), but including any portion of the facility not so licensed; and (iv) any housing project for persons 62 years of age or older or the disabled that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more aged, infirm or disabled adults. Maintenance or care means the protection, general supervision and oversight of the physical and mental well-being of an aged, infirm or disabled individual.
"Auxiliary grants" means cash payments made to certain aged, blind or disabled individuals who receive benefits under Title XVI of the Social Security Act, as amended, or would be eligible to receive these benefits except for excess income.
"Birth family" or "birth sibling" means the child's biological family or biological sibling.
"Birth parent" means the child's biological parent and, for purposes of adoptive 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 more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.
"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period.
"Child-placing agency" means (i) any person who places children in foster homes, adoptive homes or independent living arrangements pursuant to §63.2-1819, (ii) a local board that places children in foster homes or adoptive homes pursuant to §§63.2-900, 63.2-903, and 63.2-1221, or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§20-166 et seq.) of Title 20. "Child-placing agency" does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth, or any locality acting within the scope of their 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 immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. It also includes assessment, and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.
"Child support services" means any civil, criminal or administrative action taken by the Division of Child Support Enforcement to locate parents; establish paternity; and establish, modify, enforce, or collect child support, 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, or independent foster home.
"Children's residential facility" means any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of foster care. Children's residential facility shall not include:
1. A licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians 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 or authorized representative.
"Department" means the State Department of Social Services.
"Department of Health and Human Services" means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended.
"Disposable income" means that part of the income due and payable of any individual remaining after the deduction of any amount required by law to be withheld.
"Energy assistance" means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with §63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of Public Law 97-35), as amended.
"Family and permanency team" means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members. In the case of a child who is 14 years of age or older, the family and permanency team shall also include any members of the child's case planning team that were selected by the child in accordance with subsection A of §16.1-281.
"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.
"Family day system" means any person who approves family day homes as members of its system; who refers children to available family day homes in that system; and who, through contractual arrangement, may provide central administrative functions including, but not limited to, training of operators of member homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.
"Fictive kin" means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.
"Foster care placement" means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency. "Foster care placement" does not include placement of a child in accordance with a power of attorney pursuant to Chapter 10 (§20-166 et seq.) of Title 20.
"Foster home" means a residence licensed by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child's legal guardian pursuant to Chapter 10 (§20-166 et seq.) of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household.
"General relief" means money payments and other forms of relief made to those persons mentioned in §63.2-802 in accordance with the regulations of the 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 member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person; (ii) a home in which is received a child or children 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; and (iii) a home in which are received only children who are the subject of a properly executed power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20.
"Independent living" means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.
"Independent living arrangement" means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.
"Independent living services" means services and activities provided to a child in foster care 14 years of age or older who was committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. "Independent living services" may also mean services and activities provided to a person who (i) was in foster care on his 18th birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. Such services shall include counseling, education, housing, employment, and money management skills development, access to essential documents, and other appropriate services to help children or persons prepare for self-sufficiency.
"Independent physician" means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence.
"Intercountry placement" means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under which it operates.
"Interstate placement" means the arrangement for the care of a child in an adoptive home, foster care placement or in the home of the child's parent or with a relative or nonagency guardian, into or out of the Commonwealth, by a child-placing agency or court when the full legal right of the child's parent or nonagency guardian to plan for the child has been voluntarily terminated or limited or severed by the action of any court.
"Kinship care" means the full-time care, nurturing, and protection of children by relatives.
"Kinship guardian" means the adult relative of a child in a kinship guardianship established in accordance with §63.2-1305 who has been awarded custody of the child by the court after acting as the child's foster parent.
"Kinship guardianship" means a relationship established in accordance with §63.2-1305 between a child and an adult relative of the child who has formerly acted as the child's foster parent that is intended to be permanent and self-sustaining as evidenced by the transfer by the court to the adult relative of the child of the authority necessary to ensure the protection, education, care and control, and custody of the child and the authority for decision making for the child.
"Kinship Guardianship Assistance program" means a program consistent with 42 U.S.C. §673 that provides, subject to a kinship guardianship assistance agreement developed in accordance with §63.2-1305, payments to eligible individuals who have received custody of a relative child of whom they had been the foster parents.
"Local board" means the local board of social services representing one or more counties or cities.
"Local department" means the local department of social services of any county or city in this Commonwealth.
"Local director" means the director or his designated representative of the local department of the city or county.
"Merit system plan" means those regulations adopted by the Board in the development and operation of a system of personnel administration meeting requirements of the federal Office of Personnel Management.
"Parental placement" means locating or effecting the placement of a child or the placing of a child in a family home by the child's parent or legal guardian 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; energy assistance; food stamps; employment services; child care; and general relief.
"Qualified assessor" means an entity contracting with the Department of Medical Assistance Services to perform nursing facility pre-admission screening or to complete the uniform assessment instrument for a home and community-based waiver program, including an independent physician contracting with the Department of Medical Assistance Services to complete the uniform assessment instrument for residents of assisted living facilities, or any hospital that has contracted with the Department of Medical Assistance Services to perform nursing facility pre-admission screenings.
"Qualified individual" means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.
"Qualified residential treatment program" means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child's family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child's treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. §671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. §672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child's placement pursuant to §16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.
"Registered family day home" means any family day home that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the Board and that has obtained a certificate of registration from the Commissioner.
"Residential living care" means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with the activities of daily living. The definition of "residential living care" includes the services provided by independent living facilities that voluntarily become licensed.
"Sibling" means each of two or more children having one or more parents in common.
"Social services" means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. Social services also includes adult services pursuant to Article 4 (§51.5-144 et seq.) of Chapter 14 of Title 51.5 and adult protective services pursuant to Article 5 (§51.5-148) of Chapter 14 of Title 51.5 provided by local departments of social services in accordance with regulations and under the supervision of the Commissioner for Aging and Rehabilitative Services.
"Special order" means an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner that has a stated duration of not more than 12 months. A special order shall be considered a case decision as defined in §2.2-4001.
"Temporary Assistance for Needy Families" or "TANF" means the program administered by the Department through which a relative can receive monthly cash 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 in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under §63.2-609.
"Title IV-E Foster Care" means a federal program authorized under §§472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on behalf of qualifying children.
§63.2-1205.1. Certain offenders prohibited from adopting a child.
No petition for adoption shall be granted if the person
seeking to adopt has been convicted of a sexually violent offense or an
offense requiring registration pursuant to §9.1-902.
§63.2-1503. Local departments to establish child-protective services; duties.
A. Each local department shall establish child-protective services under a departmental coordinator within such department or with one or more adjacent local departments that shall be staffed with qualified personnel pursuant to regulations adopted by the Board. The local department shall be the public agency responsible for receiving and responding to complaints and reports, except that (i) in cases where the reports or complaints are to be made to the court and the judge determines that no local department within a reasonable geographic distance can impartially respond to the report, the court shall assign the report to the court services unit for evaluation; and (ii) in cases where an employee at a private or state-operated hospital, institution or other facility, or an employee of a school board is suspected of abusing or neglecting a child in such hospital, institution or other facility, or public school, the local department shall request the Department and the relevant private or state-operated hospital, institution or other facility, or school board to assist in conducting a joint investigation in accordance with regulations adopted by the Board, in consultation with the Departments of Education, Health, Medical Assistance Services, Behavioral Health and Developmental Services, Juvenile Justice and Corrections.
B. The local department shall ensure, through its own personnel or through cooperative arrangements with other local agencies, the capability of receiving reports or complaints and responding to them promptly on a 24-hours-a-day, seven-days-per-week basis.
C. The local department shall widely publicize a telephone number for receiving complaints and reports.
D. The local department shall notify the local attorney for
the Commonwealth and the local law-enforcement agency of all complaints of
suspected child abuse or neglect involving (i) any death of a child; (ii) any
injury or threatened injury to the child in which a felony or Class 1
misdemeanor is also suspected; (iii) any sexual abuse, suspected sexual abuse
or other sexual offense involving a child, including but not limited to the use
or display of the child in sexually explicit visual material, as defined in §
18.2-374.1; (iv) any abduction of a child; (v) any felony or Class 1
misdemeanor drug offense involving a child; or (vi) contributing to the
delinquency of a minor in violation of §18.2-371, immediately, but in no case
more than two hours of receipt of the complaint, and shall provide the attorney
for the Commonwealth and the local law-enforcement agency with records and
information of the local department, including records related to any
complaints of abuse or neglect involving the victim or the alleged perpetrator,
related to the investigation of the complaint. The local department shall
notify the local attorney for the Commonwealth of all complaints of suspected
child abuse or neglect involving the child's being left alone in the same
dwelling with a person to whom the child is not related by blood or marriage
and who has been convicted of an offense against a minor for which registration
is required as a violent sexual Tier III offender pursuant to §
9.1-902, immediately, but in no case more than two hours of receipt of the
complaint, and shall provide the attorney for the Commonwealth with records and
information of the local department that would help determine whether a
violation of post-release conditions, probation, parole, or court order has
occurred due to the nonrelative sexual offender's contact with the
child. The local department shall not allow reports of the death of the victim
from other local agencies to substitute for direct reports to the attorney for
the Commonwealth and the local law-enforcement agency. The local department shall
develop, when practicable, memoranda of understanding for responding to reports
of child abuse and neglect with local law enforcement and the attorney for the
Commonwealth.
In each case in which the local department notifies the local law-enforcement agency of a complaint pursuant to this subsection, the local department shall, within two business days of delivery of the notification, complete a written report, on a form provided by the Board for such purpose, which shall include (a) the name of the representative of the local department providing notice required by this subsection; (b) the name of the local law-enforcement officer who received such notice; (c) the date and time that notification was made; (d) the identity of the victim; (e) the identity of the person alleged to have abused or neglected the child, if known; (f) the clause or clauses in this subsection that describe the reasons for the notification; and (g) the signatures, which may be electronic signatures, of the representatives of the local department making the notification and the local law-enforcement officer receiving the notification. Such report shall be included in the record of the investigation and may be submitted either in writing or electronically.
E. When abuse or neglect is suspected in any case involving the death of a child, the local department shall report the case immediately to the regional medical examiner and the local law-enforcement agency.
F. The local department shall use reasonable diligence to locate (i) any child for whom a report of suspected abuse or neglect has been received and is under investigation, receiving family assessment, or for whom a founded determination of abuse and neglect has been made and a child-protective services case opened and (ii) persons who are the subject of a report that is under investigation or receiving family assessment, if the whereabouts of the child or such persons are unknown to the local department.
G. When an abused or neglected child and the persons who are the subject of an open child-protective services case have relocated out of the jurisdiction of the local department, the local department shall notify the child-protective services agency in the jurisdiction to which such persons have relocated, whether inside or outside of the Commonwealth, and forward to such agency relevant portions of the case record. The receiving local department shall arrange protective and rehabilitative services as required by this section.
H. When a child for whom a report of suspected abuse or neglect has been received and is under investigation or receiving family assessment and the child and the child's parents or other persons responsible for the child's care who are the subject of the report that is under investigation or family assessment have relocated out of the jurisdiction of the local department, the local department shall notify the child-protective services agency in the jurisdiction to which the child and such persons have relocated, whether inside or outside of the Commonwealth, and complete such investigation or family assessment by requesting such agency's assistance in completing the investigation or family assessment. The local department that completes the investigation or family assessment shall forward to the receiving agency relevant portions of the case record in order for the receiving agency to arrange protective and rehabilitative services as required by this section.
I. Upon receipt of a report of child abuse or neglect, the local department shall determine the validity of such report and shall make a determination to conduct an investigation pursuant to §63.2-1505 or, if designated as a child-protective services differential response agency by the Department according to §63.2-1504, a family assessment pursuant to §63.2-1506.
J. The local department shall foster, when practicable, the creation, maintenance and coordination of hospital and community-based multidisciplinary teams that shall include where possible, but not be limited to, members of the medical, mental health, social work, nursing, education, legal and law-enforcement professions. Such teams shall assist the local departments in identifying abused and neglected children; coordinating medical, social, and legal services for the children and their families; developing innovative programs for detection and prevention of child abuse; promoting community concern and action in the area of child abuse and neglect; and disseminating information to the general public with respect to the problem of child abuse and neglect and the facilities and prevention and treatment methods available to combat child abuse and neglect. These teams may be the family assessment and planning teams established pursuant to §2.2-5207. Multidisciplinary teams may develop agreements regarding the exchange of information among the parties for the purposes of the investigation and disposition of complaints of child abuse and neglect, delivery of services and child protection. Any information exchanged in accordance with the agreement shall not be considered to be a violation of the provisions of §63.2-102, 63.2-104, or 63.2-105.
The local department shall also coordinate its efforts in the provision of these services for abused and neglected children with the judge and staff of the court.
K. The local department may develop multidisciplinary teams to provide consultation to the local department during the investigation of selected cases involving child abuse or neglect, and to make recommendations regarding the prosecution of such cases. These teams may include, but are not limited to, members of the medical, mental health, legal and law-enforcement professions, including the attorney for the Commonwealth or his designee; a local child-protective services representative; and the guardian ad litem or other court-appointed advocate for the child. Any information exchanged for the purpose of such consultation shall not be considered a violation of §63.2-102, 63.2-104, or 63.2-105.
L. The local department shall report annually on its activities concerning abused and neglected children to the court and to the Child-Protective Services Unit in the Department on forms provided by the Department.
M. Statements, or any evidence derived therefrom, made to local department child-protective services personnel, or to any person performing the duties of such personnel, by any person accused of the abuse, injury, neglect or death of a child after the arrest of such person, shall not be used in evidence in the case-in-chief against such person in the criminal proceeding on the question of guilt or innocence over the objection of the accused, unless the statement was made after such person was fully advised (i) of his right to remain silent, (ii) that anything he says may be used against him in a court of law, (iii) that he has a right to the presence of an attorney during any interviews, and (iv) that if he cannot afford an attorney, one will be appointed for him prior to any questioning.
N. Notwithstanding any other provision of law, the local department, in accordance with Board regulations, shall transmit information regarding reports, complaints, family assessments, and investigations involving children of active duty members of the United States Armed Forces or members of their household to family advocacy representatives of the United States Armed Forces.
O. The local department shall notify the custodial parent and make reasonable efforts to notify the noncustodial parent as those terms are defined in §63.2-1900 of a report of suspected abuse or neglect of a child who is the subject of an investigation or is receiving family assessment, in those cases in which such custodial or noncustodial parent is not the subject of the investigation.
P. The local department shall (i) notify the Superintendent of Public Instruction without delay when an individual holding a license issued by the Board of Education is the subject of a founded complaint of child abuse or neglect and shall transmit identifying information regarding such individual if the local department knows the person holds a license issued by the Board of Education and (ii) notify the Superintendent of Public Instruction without delay if the founded complaint of child abuse or neglect is dismissed following an appeal pursuant to §63.2-1526. Nothing in this subsection shall be construed to affect the rights of any individual holding a license issued by the Board of Education to any hearings or appeals otherwise provided by law. Any information exchanged for the purpose of this subsection shall not be considered a violation of §63.2-102, 63.2-104, or 63.2-105.
§63.2-1506. Family assessments by local departments.
A. A family assessment requires the collection of information necessary to determine:
1. The immediate safety needs of the child;
2. The protective and rehabilitative services needs of the child and family that will deter abuse or neglect;
3. Risk of future harm to the child;
4. Whether the mother of a child who was exposed in utero to a controlled substance sought substance abuse counseling or treatment prior to the child's birth; and
5. Alternative plans for the child's safety if protective and rehabilitative services are indicated and the family is unable or unwilling to participate in services.
B. When a local department has been designated as a child-protective services differential response system participant by the Department pursuant to §63.2-1504 and responds to the report or complaint by conducting a family assessment, the local department shall:
1. Conduct an immediate family assessment and, if the report or complaint was based upon one of the factors specified in subsection B of § 63.2-1509, the local department may file a petition pursuant to §16.1-241.3;
2. Obtain and consider the results of a search of the child abuse and neglect registry for any individual who is the subject of a family assessment. The local board shall determine whether the individual has resided in another state within at least the preceding five years, and, if he has resided in another state, the local board shall request a search of the child abuse and neglect registry or equivalent registry maintained by such state. The local board also may obtain and consider, in accordance with regulations of the Board, statewide criminal history record information from the Central Criminal Records Exchange for any individual who is the subject of a family assessment;
3. Immediately contact the subject of the report and the family of the child alleged to have been abused or neglected and give each a written and an oral explanation of the family assessment procedure. The family assessment shall be in writing and shall be completed in accordance with Board regulation;
4. Complete the family assessment within 45 days and transmit a report to such effect to the Department and to the person who is the subject of the family assessment. However, upon written justification by the local department, the family assessment may be extended, not to exceed a total of 60 days;
5. Consult with the family to arrange for necessary protective and rehabilitative services to be provided to the child and his family. Families have the option of declining the services offered as a result of the family assessment. If the family declines the services, the case shall be closed unless the local department determines that sufficient cause exists to redetermine the case as one that needs to be investigated. In no instance shall a case be redetermined as an investigation solely because the family declines services;
6. Petition the court for services deemed necessary;
7. Make no disposition of founded or unfounded for reports in which a family assessment is completed. Reports in which a family assessment is completed shall not be entered into the central registry contained in § 63.2-1515; and
8. Commence an immediate investigation, if at any time during the completion of the family assessment, the local department determines that an investigation is required.
C. When a local department has been designated as a
child-protective services differential response agency by the Department, the
local department may investigate any report of child abuse or neglect, but the
following valid reports of child abuse or neglect shall be investigated: (i)
sexual abuse, (ii) child fatality, (iii) abuse or neglect resulting in serious
injury as defined in §18.2-371.1, (iv) cases involving a child's being left
alone in the same dwelling with a person to whom the child is not related by
blood or marriage and who has been convicted of an offense against a minor for
which registration is required as a violent sexual Tier III
offender pursuant to §9.1-902, (v) child has been taken into the custody of
the local department, or (vi) cases involving a caretaker at a state-licensed
child day center, religiously exempt child day center, licensed, registered or
approved family day home, private or public school, hospital or any
institution. If a report or complaint is based upon one of the factors
specified in subsection B of §63.2-1509, the local department shall (a)
conduct a family assessment, unless an investigation is required pursuant to
this subsection or other provision of law or is necessary to protect the safety
of the child, and (b) develop a plan of safe care in accordance with federal
law, regardless of whether the local department makes a finding of abuse or
neglect.
D. Any individual who is the subject of a family assessment conducted under this section shall notify the local department prior to changing his place of residence and provide the local department with the address of his new residence.
§63.2-1732. Regulations for assisted living facilities.
A. The Board shall have the authority to adopt and enforce regulations to carry out the provisions of this subtitle and to protect the health, safety, welfare and individual rights of residents of assisted living facilities and to promote their highest level of functioning. Such regulations shall take into consideration cost constraints of smaller operations in complying with such regulations and shall provide a procedure whereby a licensee or applicant may request, and the Commissioner may grant, an allowable variance to a regulation pursuant to §63.2-1703.
B. Regulations shall include standards for staff qualifications and training; facility design, functional design and equipment; services to be provided to residents; administration of medicine; allowable medical conditions for which care can be provided; and medical procedures to be followed by staff, including provisions for physicians' services, restorative care, and specialized rehabilitative services. The Board shall adopt regulations on qualifications and training for employees of an assisted living facility in a direct care position. "Direct care position" means supervisors, assistants, aides, or other employees of a facility who assist residents in their daily living activities.
C. Regulations for a Medication Management Plan in a licensed assisted living facility shall be developed by the Board, in consultation with the Board of Nursing and the Board of Pharmacy. Such regulations shall (i) establish the elements to be contained within a Medication Management Plan, including a demonstrated understanding of the responsibilities associated with medication management by the facility; standard operating and record-keeping procedures; staff qualifications, training and supervision; documentation of daily medication administration; and internal monitoring of plan conformance by the facility; (ii) include a requirement that each assisted living facility shall establish and maintain a written Medication Management Plan that has been approved by the Department; and (iii) provide that a facility's failure to conform to any approved Medication Management Plan shall be subject to the sanctions set forth in §63.2-1709 or 63.2-1709.2.
D. Regulations shall require all licensed assisted living facilities with six or more residents to be able to connect by July 1, 2007, to a temporary emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply. The installation shall be in compliance with the Uniform Statewide Building Code.
E. Regulations for medical procedures in assisted living facilities shall be developed in consultation with the State Board of Health and adopted by the Board, and compliance with these regulations shall be determined by Department of Health or Department inspectors as provided by an interagency agreement between the Department and the Department of Health.
F. In developing regulations to determine the number of assisted living facilities for which an assisted living facility administrator may serve as administrator of record, the Board shall consider (i) the number of residents in each of the facilities, (ii) the travel time between each of the facilities, and (iii) the qualifications of the on-site manager under the supervision of the administrator of record.
G. Regulations shall require that each assisted living
facility register with the Department of State Police to receive notice of the
registration or, reregistration, or verification of
registration information of any sex offender person required to
register with the Sex Offender and Crimes Against Minors Registry pursuant to
Chapter 9 (§9.1-900 et seq.) of Title 9.1 within the same or a contiguous
zip code area in which the facility is located, pursuant to §9.1-914.
H. Regulations shall require that each assisted living
facility ascertain, prior to admission, whether a potential resident is a
registered sex offender required to register with the Sex Offender and
Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of
Title 9.1, if the facility anticipates the potential resident will have a
length of stay greater than three days or in fact stays longer than three days.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.