CHAPTER 578

Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to welfare; to that end to repeal Title 68 of the
Code of Virginia, which title includes Chapters 1 to 16 and §§ 63-1
to 68-885, inclusive, of the Code of Virginia, as amended, and relates
to welfare; to amend the Code of Virginia by adding thereto, in lieu
of the foregoing title, chapters and sections of the Code repealed by
this act, a new title numbered 63.1 which new title includes new
chapters numbered 1 to 12 inclusive, and new sections numbered 63.1-1
to 63.1-248, inclusive, relating to welfare; to repeal Chapter 15 of
Title 32 and §§ 32-291 to 32-296, inclusive, of the Code of Virginia;
to further amend the Code of Virginia by adding in Chapter 8 of
Title 16.1 thereof a new article numbered 7 and new sections num-
bered 16.1-217 to 16.1-217.4, relating to the abuse or neglect of chil-
dren; and to prescribe when such revision and recodification shall
become effective.

[H 276}

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That Title 63 of the Code of Virginia, which title includes Chapters
1 to 16 ane §§ 68-1 to 63-385, inclusive, of the Code of Virginia, as amended,
is repeale

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code herein repealed, a new title
numbered 63. 1, new chapters numbered 1 to 12, inclusive, and new sections
numbered 68.1-1 to 63.1-248, inclusive, which new title, chapters and sections
are as follows:

TITLE 63.1
WELFARE
CHAPTER 1.
DEPARTMENT OF WELFARE AND INSTITUTIONS.
Article 1.
In General.

§ 63.1-1. Department of Welfare and Institutions.—There is hereby
continued in the executive department a Department of Welfare and
Institutions to be headed by a Director.

§ 63.1-2. Appointment of Director.—The Director of the Depart-
ment of Welfare and Institutions, sometimes referred to in this title as
Director, sometimes as Commissioner of Public Welfare and sometimes as
Commissioner, shall be appointed by the Governor, subject to confirmation
by the General Assembly, if in session when the appointment is made, and
if not in session, then at its next succeeding session.

§ 63.1-3. Term of Office and Vacancies.—The Director shall hold
office at the pleasure of the Governor for a term coincident with that of
each Governor making the appointment, or until his successor shall be
appointed and qualified. Vacancies shall be filled in the same manner as
original appointments are made.

63.1-4. Powers and duties of Director; General.—The Director
shall have all of the powers conferred upon him by law. Except as otherwise
provided, he shall supervise the administration of the provisions of Title 53
and Title 63.1 of this Code and shall see that all laws pertaining to his De-
partment are carried out to their true intent and spirit.

§ 63.1-5. Establishment and operation of stores in certain institu-
tions.— The Director is hereby authorized to provide for the establishment
and operation of stores or commissaries in the institutions under his super-
vision to deal in such articles as he shall deem proper. The net profits from
the operation of such stores shall be used for educational, recreational or
other beneficial purposes as may be prescribed by the Director.

Any such stores or commissaries heretofore established are hereby
continued and shall be operated in accordance with the preceding para-
graph.

§ 63.1-6. Bond.—The Director shall give bond with corporate surety
in such penalty as may be fixed by the Governor conditioned upon faithful
discharge of his duties. The premium on such bond shall be paid for as
other expenses of the Department are paid.

§ 63.1-7. Divisions of the Department of Welfare and Institutions.
The Director shall establish in his department separate divisions of cor-
rections and general welfare. He may establish such other divisions as
may be necessary.

§ 63.1-8. Appointment of division heads.—The Director shall ap-
point Laas of the divisions, subject to the provisions of Chapter 10 of

e 2.1.

§ 63.1-9. Powers and duties of division heads.—The Director may
delegate to the heads of the various divisions and to such other employees
of the Department as he deems desirable any and all of the powers and
duties conferred upon him by law.

§ 63.1-10. Employment of agents and employees.—The Director may
engage or authorize the engagement of such agents and employees as may
be needed by the Director and the Department in the exercise of the
functions, duties and powers conferred and imposed by law upon him and
the Department, and in order to effect a proper organization and to carry
out its duties.

§ 63.1-11. Powers, duties, titles and functions of such agents and
employees.—The functions, duties, powers and titles of the agents and
employees provided for in the preceding section, and their salaries and
remuneration, not in excess of the amount provided therefor by law, shall
be fixed by the Director, subject to the provisions of Chapter 10 of Title 2.2.

§ 63.1-12. Bonds of such agents.—Proper bonds shall be required of
all agents and employees who shall handle any funds which may come into
custody of the Department. The premiums on the bonds shall be paid
from funds appropriated by the State for the administration of the activ-
ities of the Department.

§ 63.1-13. Report to Governor.—The Director shall submit to the
Governor and publish an annual report, not later than four months after
the close of each fiscal year, showing for such year the total amount of
money paid or distributed by the Department, the total number of persons
who received assistance and such other information as the Director may
deem advisable to show the operations of the Department.

Article 2.
Board of Welfare and Institutions and Advisory Committees.

§ 63.1-14. Board of Welfare and Institutions.—In the Department
of Welfare and Institutions there shall be the Board of Welfare and
Institutions, consisting of six members appointed by the Governor. In
making appointments the Governor shall endeavor to select appointees of
such qualifications and experience that the membership of the Board shall
include persons suitably qualified to consider and act upon the various
problems which the Board may be required to consider and act upon. The
appointments shall be subject to confirmation by the General Assembly
if in session and, if not, then at its next succeeding session. Whenever
the words “State Board” or “Board” are used in this Title, they shall be
construed to mean and refer to the Board of Welfare and Institutions.

63.1-15. Term of office of members; suspension or removal.—The
members of the Board shall be appointed for terms of four years each
beginning from the expiration of the respective terms of their predeces-
sors, except an appointment to fill a vacancy shall be for the unexpired
term. No person shall be eligible to serve for or during more than two
successive terms; provided, however, any person heretofore or hereafter
appointed to fill a vacancy may be eligible for two additional successive
terms after the term of the vacancy for which he was appointed has
expired. Members of the State Board may be suspended or removed by the
Governor at his pleasure.

63.1-16. Chairman, vice-chairman and_ secretary.—The State
Board shall select a chairman from its membership, and under rules
adopted by itself may elect one of its members as vice-chairman. It shall
elect one of its members as secretary.
§ 63.1-17. Compensation and expenses.—The members of the State
Board shall receive no salaries. They shall be paid their necessary traveling
and other expenses incurred in attendance upon meetings, or while other-
wise engaged in the discharge of their duties, and the sum of twenty-five
dollars a day for each day or portion thereof in which they are engaged
in the performance of their duties. But no member shall receive in excess
of one thousand five hundred dollars and actual expenses in any one year.

§ 63.1-18. Oath of office.—Before entering upon the discharge of his
duties, each member of the State Board shall take the usual oath of office.

§ 63.1-19. Bonds of members.—Each member of the State Board
shall give bond, with corporate surety, in such penalty as is fixed by the
Governor, conditioned upon the faithful discharge of his duties. The pre-
mium on the bonds shall be paid as other expenses of the State Board
are paid.

§ 63.1-20. Meetings.—The State Board shall meet at least once every
month and on call of the chairman when in his opinion additional meet-
ings are expedient or necessary.

§ 63.1-21. Quorum.—Four members of the State Board shall con-
stitute a quorum for all purposes.

§ 63.1-22. Main Office.—The main office of the State Board shall be
in the city of Richmond.

§ 63.1-23. Officers and employees not eligible as members.—No
director, officer or employee of an institution subject to the provisions
of this title shall be appointed a member of the State Board.

§ 63.1-24. Powers and duties in general.—The State Board shall
act in a capacity advisory to the Director, and when requested shall confer
and advise with him upon such matters as may arise in the performance
of his duties. When requested by the Director, or by the Governor, the
Board shall investigate such questions and consider such problems as they,
or either of them, may submit and shall report their findings and con-
clusions. The Board may also initiate investigations and consider problems
and make recommendations to the Director or to the Governor, of its own
motion.

§ 63.1-25. Making rules and regulations.—The State Board shall
make such rules and regulations, not in conflict with this title, as may be
necessary or desirable to carry out the true purpose and intent of this title.

The Board also may make such rules and regulations as may be neces-
sary in authorizing local boards of public welfare to destroy or otherwise
dispose of such records as the local boards in their discretion deem are no
longer necessary in such offices and which serve no further administrative,
historical or financial purpose.

§ 63.1-26. Establishment of standards for personnel.—The State
Board shall establish minimum standards of training, experience, general
ability and performance for the personnel employed by the Commissioner,
local boards and local superintendents in the administration of the succeed-
ing chapters of this title and make necessary rules and regulations to main-
tain such standards, including such rules and regulations as may be em-
braced in the development of a system of personnel administration meeting
requirements of the federal Department of Health, Education and Welfare.

§ 63.1-27. May administer oaths, conduct hearings and issue sub-
poenas.—The State Board in the exercise and performance of its functions,
duties and powers under the provisions of this title is authorized to hold
and conduct hearings, issue subpoenas requiring the attendance of wit-
nesses and the production of records, memoranda, papers and other docu-
ments, to administer oaths and td take testimony thereunder.

§ 63.1-28. Board to visit certain institutions.—The State Board shall
cause the penitentiary, the training schools and such other penal institu-
SH. 578) ACTS OF ASSEMBLY 835

ions under its control as it may select to be visited and inspected at least
once a year by at least two members of the State Board.

§ 63.1-29. Advisory committees.—The Governor may appoint an Ad-
visory Committee on Corrections, an Advisory Committee on Public Wel-
fare, and an Advisory Committee on Youth Services, to consist of three
members each, who shall serve at the pleasure of the Governor for terms
coincident with that of the Governor. Such committees shall act in an
advisory capacity to the Director and to the State Board on questions and
problems relating to institutions of correction, public welfare, and youth
services, respectively. When requested by the Director or the Board so to
do the committees shall investigate such questions and consider such prob-
lems as may be submitted to them and shall report their findings and
conclusions. The committees may also make recommendations to the
Director and to the Board on their own initiative.

63.1-30. Compensation and expenses of committee members.—The
members of the committees shall receive no salaries, but shall be paid their
necessary traveling and other expenses incurred in attendance upon meet-
ings, or while otherwise engaged in the performance of their duties, and
shall be paid the sum of twenty-five dollars per day for each day, or portion
thereof, upon which they are engaged in the performance of their duties.

CHAPTER 2.
COMMISSIONER OF PUBLIC WELFARE.

§ 63.1-31. Powers and duties under this title—The Director shall,
in his capacity as Commissioner of Public Welfare and subject to the rules
and regulations of the State Board, have the powers and perform the duties
conferred or imposed upon him in this title. He shall, unless otherwise
specified, see that the provisions of this title are properly administered.

§ 63.1-32. Cooperation with local authorities.—The Commissioner
shall assist and cooperate with local authorities in the administration of
this title. He shall encourage and assist in the training of personnel of
local agencies engaged in the programs provided for by this title, Title 53
and Chapter 8 of Title 16.1.

§ 63.1-33. Requiring reports from local boards.—The Commissioner
shall require of local boards such reports relating to the administration of
this title as the Commissioner may deem necessary to enable the State
Board and the Commissioner to exercise and perform the functions, duties
and powers conferred and imposed by this title. He shall prescribe the
form of applications, reports, affidavits and such other forms as may be
required in the administration of this title.

§ 63.1-34. Access to records of local boards.—The Commissioner or
his designated agents shall have access at all times to the records of the
local boards relating to the appropriation, expenditure and distribution of
funds for, and other matters concerning, assistance and services under this

itle.

§ 63.1-35. Cooperation with federal agencies.—The Commissioner
shall cooperate with the federal Department of Health, Education and Wel-
fare and other agencies of the United States and with the local boards of
public welfare, in relations to matters set forth in this title, and in any
reasonable manner that may be necessary for this State to qualify for and
to receive grants or aid from such federal agencies for public assistance
and services in conformity with the provisions of this title, including
grants or aid to assist in providing rehabilitation and other services to
help individuals to attain or retain capability for self-care or self-support
and such services as are likely to prevent or reduce dependency and,
in the case of dependent children, to maintain and strengthen family life.
The Commissioner shall make such reports in such form and containing
information as such agencies of the United States may from time to time
require and shall comply with such provisions as such agencies may from
time to time find necessary to assure the correctness and verification of
such reports.

§ 63.1-36. Authority to receive grants-in-aid, funds and gifts.—The
Commissioner is authorized to receive, for and on behalf of the State and
its subdivisions, from the United States and agencies thereof, and from
any and all other sources, grants-in-aid, funds and gifts, made for the
purpose of providing, or to assist in providing, for old age assistance,
medical assistance for the aged, aid for the permanently and totally dis-
abled, funds for child welfare services including day care for children
and civil defense, aid to dependent children, and general relief, or any of
them, including expenses of administration. Subject to the written ap-
proval of the Governor, the Commissioner is also authorized to receive
from all such sources grants-in-aid, funds and gifts made for the purpose
of alleviating, treating or preventing poverty, delinquency or other social
problems encountered in programs under the supervision or administration
of the Commissioner. All such funds shall be paid into the State treasury.

§ 63.1-37. Standards for personnel.—_The Commissioner shall en-
force the standards established by the State Board for personnel employed
in the administration of this title and remove or cause to be removed each
employee who does not meet such standards.

CHAPTER 3.

LOCAL BOARDS OF PUBLIC WELFARE.
Article 1.
In General.

§ 63.1-38. Local Board for each county and city.—For each county
and city of the State there shall be a local board of public welfare, which,
in case the governing bodies of two or more counties or cities or any com-
bination thereof so elect, may be a single board for all of such participating
counties and cities. The term “local board” as used in this title shall mean
a local board representing one or more counties or cities.

§ 63.1-39. Continuance of existing local boards.—The local boards
in existence upon the effective date of this Title 63.1 shall continue as
heretofore constituted and the members of such boards in office on that
date shall continue in office for the remainder of their terms. After the
effective date of this title no person shall serve more than three consecutive
three year terms and the term of office being served on the effective date
of this title, if for a full three year term, shall count as the first of such
terms. The provisions of the preceding sentence shall not be applicable
where the officer in charge of a department or division of public welfare
of a county or city is constituted the local board.

63.1-40. How local board for a single county constituted.—The
members of the local board serving a single county shall be residents
of the county and, except as provided in §63.1-41, shall be appointed by the
judge of the Circuit Court of the county. The local board shall consist of
five members unless the governing body of the county, by resolution adopted
either before or after the effective date of this title, provides that the board
shall be limited to three members or that the board shall consist of one
member residing in each magisterial district. The governing body of the
county may, at any time, by resolution, restore the number of members
of the local board to five. In case any such resolution results in a reduction
of the number of members of the local board, the members then serving
shall continue in office until, by expiration of their terms of office or
vacation of their office for any reason, the number of members has been
reduced to the number specified in such resolution. The members of such
local boards shall be appointed for terms of three years, except that appoint-
ments to fill vacancies created by an increase in the number of members of a
local board shall be for terms of one, two or three years, as determined by
the judge, to maintain as nearly as possible an equally staggered system
in the terms of members of the local board, and except that appointments
to fill other vacancies shall be for the unexpired terms. The judge in mak-
ing appointments shall so arrange the membership that at all times one
member of the local board of each county shall also be a member of the
board of supervisors, except in those cases where the board of supervisors
has determined otherwise, in which case one member of the local board
shall be selected from a list of three persons submitted by the board
of supervisors. When a member of the board of supervisors appointed as
a member of the local board in compliance with the foregoing requirement
ceases to be a member of the board of supervisors, his office as a member
of the local board shall also be vacated and another member of the board
of supervisors appointed to fill such vacancy. In the event that a member
is appointed from each magisterial district and there are an even number
of such districts, the judge shall appoint a tiebreaker to resolve any
question in conflict in case of a tie vote.

§ 63.1-41. Local boards in counties having special forms of county
government.—Where the statutes dealing with special forms of county
government provide for the appointment of local boards, the provisions of
such statutes shall control. In any county which has adopted, or shall
hereafter adopt the county executive form of organization and govern-
ment provided for in §§ 15.1-588 to 15.1-621 or the county manager form
of organization provided for in §§ 15.1-674 to 15.1-695, the local board
shall, while such form of organization and government remains in effect
in such county, be appointed by the governing body of such county.

§ 63.1-42. How local board of a city of the second class constituted.—
The members of the local board in each city of the second class shall be
residents of the city and shall be appointed by the judge of the corporation
court of such city, or, if there be no such court, by the judge of the circuit
court having jurisdiction in such city. The local board shall consist of five
members, unless the governing body of the city, by resolution adopted
either before or after the effective date of this title, provides that the local
board of such city shall be limited to three members. The governing body
of the city may at any time by resolution restore the number of members
of the local board to five. In case any such resolution results in a reduction
of the number of members of the local board, the members then serving
shall continue in office until, by expiration of their terms of office or vaca-
tion of their office for any reason, the number of members has been reduced
to three. The members of such local boards shall be appointed for terms of
three years, except that appointments to fill vacancies created by an in-
crease in the number of members of a local board shall be for terms of one,
two or three years, as determined by the judge, to maintain as nearly as
possible an equally staggered system in the terms of members of the local
board and except that appointments to fill other vacancies shall be for the
unexpired terms. One member of the local board of any city of the second
class may be a member of the council or other governing body of such city.

; 63.1-43. How local board of a city of the first class constituted.—
The local board in each city of the first class shall be, at the discretion of
the city council, either the officer in charge of the department or division
of public welfare or a board consisting of five members appointed by the
city council of such city. If the officer in charge of the department or divi-
sion of public welfare constitutes the local board, the city council may in
its discretion appoint a board, committee or commission to serve in an
advisory capacity to such officer with respect to the duties and functions
imposed upon him by this title and such officer may designate either his
principal assistant, or the superintendent of public welfare or chief public
assistance supervisor to act in his behalf, in his absence, with respect to
approving, cancelling or changing grants made under the provisions of
is title.

§ 63.1-44. Consolidated board for two or more political subdivisions.
Any county or city may by resolution adopted by its governing body agree
to have a consolidated board with one or more other political subdivisions,
either county or city, which consolidated board shall be the local board for
each of the participating localities. The participating localities may agree
that such local board shall be the local board which would be appointed as
provided by law for any one of the participating localities in the absence
of such consolidation. Otherwise the local board shall be composed of three
members from each county and city, unless a participating county or city
has a population of thirty thousand or more in which case such county or
city shall be represented by four members on the board. The members
from each locality shall be appointed by the appointing authority which
would appoint the members of a local board to serve that locality alone.
Initial appointments of members from each locality shall be for staggered
terms of one, two and three years (two members for three years in case the
locality is represented by four members). Subsequent appointments shall
be for three years each, except that appointments to fill vacancies shall be
for the unexpired terms. Administrative costs of a local board serving
more than one county or city shall be borne by the participating counties
or cities as they may agree.

§ 63.1-45. Suspension or removal of members.—Members of any
local board may be suspended or removed for cause by the State Board or
by the judge or other officer, board or body authorized to appoint the mem-
bers of the local board.

§ 63.1-46. Quorum.—A majority of the members of any local board
shall constitute a quorum.

§ 63.1-47. Compensation and expenses.—Each member of the local
board of a county or of a city shall be paid his necessary traveling and
other expenses incurred in attendance upon meetings and while otherwise
engaged in the discharge of his duties as such member, In addition to such
expenses, the board of supervisors or other governing body of each county
and the council or other governing body of each city may, out of the gen-
eral fund of such county or city, pay to each member of the local board of
such county or city, as compensation for his services as such member, not
in excess of six hundred dollars per year. No such county or city shall be
reimbursed out of either State or federal funds for any part of such com-
pensation paid.

§ 63.1-48. Meetings.—The clerk of the court shall immediately notify
the members of the local board of their appointment, and such members
shall, within fifteen days after their notification, meet at some convenient
place and organize by electing a chairman and vice-chairman from among
their number. The local board shall meet at least once a month and on
other occasions on call of the chairman or in pursuance of action by the
local board. The local superintendent of public welfare shall act as sec-
retary of his board and shall keep on file minutes of the attendance and
transactions at all meetings of the local board.

§ 63.1-49. Oath of office—No member shall enter upon the dis-
charge of his duties unless and until he shall have taken the usual oath of
office.

Article 2.
Functions, Powers and Duties.

§ 63.1-50. Administration of law.—The local boards shall, sub-
ject to the rules and regulations of the State board, administer the provi-
sions of Chapters 3, 4 and 6 of this title in their respective counties and
cities.
§ 63.1-51. Funds received from private sources.—The local boards
are authorized to receive and disburse funds derived from private sources
in the form of gifts, contributions, bequests or legacies for the purpose of
aiding needy persons within their respective counties or cities. Eligibility
for aid from these sources need not be limited to requirements established
for the public assistance programs in this State. All such funds as may be
received from such sources shall be deposited in the treasuries of the re-
spective counties and cities to the credit of the local boards and disbursed
as authorized by such local boards.

§ 63.1-52. Furnishing reports.—The local boards shall furnish to the
Commissioner, the Director of the Virginia Commission for the Visually
Handicapped and the governing body of its county or city such reports
relating to the administration of this title as the Commissioner, the Direc-
tor and such governing body, respectively, may require.

é 63.1-53. Allowing access to records.—The local boards shall allow
the Commissioner, the Director of the Virginia Commission for the Visu-
ally Handicapped, and duly authorized agents and employees of each, at
all times, to have access to the records of the local boards relating to the
appropriation, expenditure and distribution of funds for, and other mat-
ters concerning assistance and services under this title.

Notwithstanding any other provision of law or rule or regulation in
conflict herewith any citizen shal] be afforded access, at the offices of the
local departments of welfare, during office hours, to records of the dis-
bursement of any funds or payments, other than payments of medical
assistance to the aged, made or approved by the local board or department
or division of public welfare in any county or city upon signing a request
therefor with applicants’ address. It shall be unlawful for any person,
firm, corporation, or association to use any name or list of names obtained
directly or indirectly through access to such records for commercial or
political purposes, or to publish the name of any child receiving assistance
under the provisions of § 63.1-56 of the Code of Virginia, and any person
violating these provisions shall be guilty of a misdemeanor and punished
accordingly.

63.1-54. Submission of budget to governing bodies.—The local
boards shall submit annually to the boards of supervisors, councils and
other governing bodies of their respective counties and cities a budget.
containing an estimate and supporting data setting forth the amount of
money needed to carry out the provisions of this title, and a copy thereof
shall be forwarded to the Commissioner.

§ 63.1-55. Child welfare and other services.—Each local board 1s
authorized to provide, in its discretion, subject to the supervision of the
Commissioner and in accordance with rules prescribed by the State Board,
any or all child welfare services herein described. For purposes of this
section, the term “child welfare services” means public social services
which supplement, or substitute for, parental care and supervision for the
purpose of (1) preventing or remedying, or assisting in the solution of
problems which may result in, the neglect, abuse, exploitation, or delin-
quency of children; (2) protecting and caring for homeless, dependent,
or neglected children; (3) protecting and promoting the welfare of chil-
dren of working mothers; and (4) otherwise protecting and promoting
the welfare of children, including the strengthening of their own homes
where possible, or, where needed, the provision of adequate care of chil-
dren away from their own homes in foster family homes or day care or
other facilities.

Provided, however, that day care centers shall not be operated by a
local board without first obtaining the consent of the local governing body;
provided further that child welfare services shall not be administered to
any child or children without the consent of the parent or guardian 01
authority of a court of competent jurisdiction.

Each local board is also authorized, and, as may be provided by rules
and regulations of the State Board and the Virginia Commission for the
Visually Handicapped shall, provide rehabilitation and other services tc
help individuals to attain or retain self-care or self-support and such serv:
ices as are likely to prevent or reduce dependency and, in the case of
dependent children, to maintain and strengthen family life.

§ 63.1-56. Accepting children for placing in homes or institutions;
care and control.—A local board shall have the right to accept for place-
ment in suitable family homes or institutions, subject to the supervision
of the Commissioner and in accordance with rules prescribed by the State
Board, such persons under eighteen years of age as may be entrusted to it
by the parent, parents or guardian, or committed by any court of com-
petent jurisdiction. Such local board shall, in accordance with the rules
prescribed by the State Board and in accordance with the parental agree-
ment or other order by which such person is entrusted or committed to its
care, have custody and control of the person so entrusted or committed to
it until he is lawfully discharged, has been adopted or has attained his
majority; and such local board shall have authority to place for adoption,
and to consent to the adoption of, any child properly committed or en-
trusted to its care when the order of commitment or entrustment agree-
ment between the parent or parents and the agency provides for the per-
manent separation of such child from his parent or parents.

§ 63.1-57. Accepting and expending certain funds on behalf of chil-
dren entrusted to board when no guardian appointed; disposition of funds
when children discharged.—A local board is authorized and empowered to
accept and expend on behalf of and for the benefit of any child or children
committed or entrusted to its care under § 63.1-56, when no guardian has
been appointed, funds or money paid or tendered as pension, compensation,
insurance or other benefit from the Veteran’s Administration or under the
Railroad Retirement Act or the old age and survivors’ insurance provisions
of the Federal Social Security Act, as amended, or funds contributed or
paid by parents or other persons for the support of such child, and the local
board may, from any such funds received, provide for the current or
future maintenance of such child.

Whenever any child shall be discharged by the local board all such
funds held by the local board shall be paid to the child’s guardian if such
funds exceed one thousand dollars upon such guardian posting bond as
may be required by law, or disbursed in accordance with § 8-750, if the
sum does not exceed one thousand dollars.

§ 63.1-57.1. Interest in and cooperation for social welfare; directing
superintendent.—It shall be the duty of each local board to interest itself
in all matters pertaining to the social welfare of the people of the county,
city or other area served by it, to direct the activities of the superin-
tendent of public welfare, where there is one and to cooperate with the
juvenile and domestic relations courts and all other agencies operating for
the social betterment of the community.

63.1-58. Conducting hearings, issuing subpoenas, etc.—Local
boards in the exercise and performance of their functions, duties and
powers under the provisions of this title are authorized to hold and conduct
hearings, issue subpoenas requiring the attendance of witnesses and the
production of records, memoranda, papers and other documents, to admin-
ister oaths and to take testimony thereunder.
§ 63.1-59. Local superintendents of public welfare.—There shall be
& superintendent of public welfare, referred to in this title as a “local
superintendent,” for each county or city. Two or more counties, or a county
and a city, or any combination thereof, whether having separate boards or
a joint board, may unite in providing a local superintendent and other
employees to administer this title in such counties and cities, in which
case such local superintendent shall be the local superintendent for each
such county and city and the expenses incident to such employment shall
be divided in such manner as the respective governing bodies provide by
agreement.

§ 63.1-60. Appointment of local superintendents and local em-
ployees.—Subject to the personnel standards and rules and regulations of
the State Board, the local superintendent shall be appointed by the local
board, or, where the city charter or statutes relating to special forms of
city or county government designate some other appointing authority, then
by such other appointing authority, from a list of eligibles furnished by
the Commissioner. Subject to the personnel standards, and rules and regu-
lations of the State Board, the local board or such other appointing author-
ity shall employ, or authorize the local superintendent to employ, such
other employees as may be required by the Commissioner to administer
this title in the county or city.

§ 63.1-61. Service at pleasure of board or superintendent.—The
local superintendent and other employees shall serve at the pleasure of the
local board, or other appointing authority, subject to the provisions of the
Merit System Plan as defined in § 63.1-87, and if such other employees be
employed by the local superintendent they shall serve at the pleasure of the
local superintendent, within the provisions of the Merit System Plan;
provided, however, that in no event shall an employee serve after attain-
ing the age seventy.

§ 63.1-62. Removal by Commissioner.—Any local superintendent
and any such employee who does not meet the personnel standards estab-
lished by the State Board may be removed by the Commissioner.

§ 63.1-63. Executive officer.—Each local superintendent of public
welfare shall be the executive officer of the local board of his county or city.

§ 63.1-64. Oath and bond.—Before entering upon the discharge of
his duties, every such superintendent shall take the usual oath of office
before the circuit court of the county or the corporation, hustings or other
court having criminal jurisdiction of the city, for which he was appointed,
or the judge thereof in vacation, and shall also enter bond with surety to
be approved by the court or judge, in such sum as the court or judge may
fix, conditioned upon the faithful discharge of his duties.

§ 63.1-65. Bond of certain employees of local boards.—Every em-
ployee duly authorized to draw warrants on the treasurer or other fiscal
officer shall before entering upon the discharge of his duties enter into a
bond with surety to be approved by the judge of the circuit court of the
county or the corporation, hustings or other court having criminal juris-
diction of the city in such sum as the judge may fix, conditioned upon the
faithful discharge of his duties. The provisions of this section shall not
apply in localities when provision for bonding such employees has been
made by their governing bodies.

§ 63.1-66. Compensation.—The local superintendent and other per-
sons employed to administer the provisions of this title in each county or
city shall be paid such compensation by such county or city as shall be fixed
by the local board or other appointing authority within the compensation
plan provided in the Merit System Plan. With the approval of the State
Board and the local governing body the local board may provide that the
local superintendent and such other employees shall be paid compen-
sation in excess of the maximums permitted in the compensation plan.
Such excess compensation shall be paid wholly from the funds of such
county or city.

§ 63.1-67. Counties with special forms of government.—in any
county having a special form of government under which the governing
body of the county would be the appointing authority of the local board,
local superintendent, and local employees, the governing body may, sub-
ject to the personnel standards and rules and regulations of the State
Board, authorize the local board to exercise the powers relating to the
employment of the local superintendent and other employees required to
administer this title in such county and the fixing of their compensation or
authorize the local board to exercise such powers insofar as they relate to
the local superintendent and the local superintendent to exercise such
powers insofar as they relate to other employees required to administer
this title in such county.

Article 2.

§ 63.1-67.1. Powers and duties of Superintendents.—The superin-
tendent of public welfare shall be the administrator of the local depart-
ment of public welfare and shall serve as secretary to the local board of
public welfare. Under the supervision of the local board, unless otherwise
specifically stated, and in cooperation with other public and private agen-
cies, the local superintendent, in addition to the functions, powers and
duties conferred and imposed by other provisions of law, shall have the
powers and perform the duties which follow in this article.

§ 63.1-67.2. Supervision of placement of children in homes.—The
local superintendent shall supervise the placement in suitable homes of
children entrusted or committed to the local board pursuant to § 63.1-56.

63.1-67.3. Agent of Commissioner.—The local superintendent shall
act as agent for the Commissioner in relation to any work to be done by the
Commissioner within the county or city.

63.1-67.4. Probation services and supervision of State wards.—
The local superintendent shall perform those services required of him
under §§ 16.1-205 and 16.1-210.

63.1-67.5. Cooperation with private agencies.—The local superin-
tendent shall foster cooperation and intelligent division of work between
all public and private charitable and social agencies in the county or city
to the end that public resources may be conserved and the needs of the
county or city be adequately cared for.

§ 63.1-67.6 Keeping records.—The records of the cases handled and
business transacted by the local superintendent shall be kept in such man-
ner and form as may be prescribed by the State Board.

§ 63.1-67.7. Annual report.—The local superintendent shall each
year prepare and keep on file a full report of his work and proceedings
during the year, and shall file one copy of such report with the county clerk,
or the clerk of his corporation or hustings court, and another with the
State Board.

CHAPTER 5.

THE VIRGINIA COMMISSION FOR THE
VISUALLY HANDICAPPED.

§ 63.1-68. Appointment, terms and qualifications of members;
eligibility for reappointment; quorum.—The Virginia Commission for the
Visually Handicapped, hereinafter sometimes called the Commission, shall
consist of seven members who shall be appointed by the Governor for terms
of seven years each, one term beginning each year. No person shall be
eligible to serve more than two successive terms; provided that a person
heretofore or hereafter appointed to fill a vacancy may serve two addi-
tional successive terms. Incumbency during a current term when this
section becomes effective shall constitute the first of two successive terms
with respect to eligibility for reappointment. Vacancies occurring on the
commission shall be filled by the Governor for the unexpired term. All
appointments hereunder shall be made without reference to party affilia-
tions, but solely on account of the fitness of the appointees to discharge
their duties as members of the Commission. The membership of the Com-
mission, however, shall at all times include two persons who are blind.
Four members of the Commission shall constitute a quorum for the trans-
action of any lawful business.

Wherever in the laws of this State reference is made to the Virginia
Commission for the Blind, such reference shall be deemed to be to the
Virginia Commission for the Visually Handicapped.

3 63.1-69. Chairman, Director, agents and employees; bylaws.—
The Commission shall elect one of its members as chairman, who shall pre-
side at its meetings and shall have power to call meetings when he deems
it advisable. The Commission shall appoint a Director who shall be the
chief executive officer of the Commission and may appoint such other
agents and employees as it deems necessary and fix their compensation
within the limits of the annual appropriation, but no person so appointed
shall be a member of the Commission. The Commission may make its own

ylaws.

§ 63.1-70. Acting as bureau of information and industrial aid.—
The Commission shall act as a bureau of information and industrial aid,
the object of which shall be to assist the blind in finding employment, and
to teach them industries which may be followed in their homes.

§ 63.1-71. Register of the blind; reports required of physicians and
others.—The Commission shall prepare and maintain a complete register
of the blind in the State, which shall describe the condition, cause of blind-
ness, capacity for educational and industrial training of each, and such
other facts as the Commission deems of value. Each physician, optome-
trist or other person who upon examination of the eyes of any person de-
termines that such person is a blind person as defined in § 63.1-142, shall
immediately report the name and address of such person to the Commission.

§ 63.1-72. Inquiries concerning cause of blindness.—The Commis-
sion shall make inquiries concerning the cause of blindness, ascertain what
portion of such cases are preventable, and cooperate with the State Board
of Health in the adoption and enforcement of proper preventive measures.

§ 63.1-73. Establishment of schools and workshops; expenditures.—
The Commission may establish, equip and maintain schools for industrial
training and workshops for the employment of suitable blind persons, pay
the employees suitable wages, and devise means for the sale and distribu-
tion of the products thereof; provided, that any expenditures made under
§§ 63.1-70 to 63.1-75 shall not exceed the annual appropriation or the
amount received by way of bequest or donation during any one year; and
provided further, that no part of the funds appropriated by the State for
the purposes of §§ 63.1-70 to 63.1-75 shall be used for solely charitable
purposes, the object and purpose of such sections being to encourage
capable blind persons in the pursuit of useful labor, and to provide for the
prevention and cure of blindness.

§ 63.1-74. Acceptance of gifts, grants, etc.—The Commission is
authorized to receive and accept from the United States government, or
any agency thereof, and from any other source, private or public, any and
all gifts, grants, allotments, bequests or devises of any nature which in
the Commission’s opinion are suitable for the maintenance, improvement
or expansion of its services to the visually handicapped of this State.
844 Acts OF ASSEMBLY [vA., 1968

§ 63.1-75. Use of earnings of schools and workshops; record of
receipts and expenditures; report to Governor.—In furtherance of the
purposes of §§ 63.1-70 to 63.1-75, the Commission shall have authority to
use any receipts or earnings that accrue from the operation of industrial
schools and workshops as provided in such sections, but a detailed state-
ment of receints or earnings and expenditures shall be carefully kept, and
the Commission shall make an annual report to the Governor of its pro-
ceedings and operations of each fiscal year. Such report shall also present
a concise review of the work of the Commission for the preceding year with
such suggestions and recommendations for improving the condition of the
blind as may be expedient.

§ 63.1-76. Expenses of Commission; disbursement of appropria-
tions.—The members of the Commission shall receive no compensation for
their services, but shall receive their traveling and other necessary ex-
penses incurred in the performance of their official duties.

Moneys appropriated to the Commission shall be paid by the State
Treasurer on the warrants of the Comptroller, issued upon the vouchers of
the chairman of the Commission, countersigned by its Director.

§ 63.1-77. Supervision of administration.—In addition to the func-
tions, duties and powers conferred and imposed upon the Commission by
§§ 63.1-70 to 63.1-75, the Commission shall, as to matters relating to aid
to the blind, supervise the administration of this title, and do all such
things, not in conflict with its provisions, as may be deemed necessary or
advisable by the Commission for the purpose of carrying into effect such
provisions.

63.1-78. Making rules and regulations.—The Commission shall, as
to matters relating to aid to the blind, make such rules and regulations, not
in conflict with this title, as may be necessary or desirable to carry out the
true purpose and intent of this title and to provide for the proper super-
vision and administration of this title. Such rules and regulations shall be
binding on all officers, agents and employees, State and local, engaged in
the administration of the provisions of this title.

§ 63.1-79. Establishment of standards of personnel and service.—
The Commission shall, as to matters relating to aid to the blind, establish
minimum standards of service and personnel based upon training, experi-
ence and general ability for the personnel employed by the Commission
and the Director in the administration of this title and make necessary
rules and regulations to maintain such standards, including such rules and
regulations as may be embraced in the development of a system of per-
sonnel administration meeting requirements of Federal Department of
Health, Education and Welfare.

63.1-80. Cooperation with local boards.—The Commission shall,
as to matters relating to aid to the blind, cooperate with local boards in
administering the provisions of this title.

§ 63.1-81. Cooperation with federal agencies——The Commission
shall cooperate with the federal Department of Health, Education and
Welfare, and any other agencies of the United States, in any reasonable
manner that may be necessary for this State to qualify for and to receive
grants or aid from such agencies for aid to the blind, rehabilitation and
education services for the visually handicapped in conformity with
the provisions of this title, including the making of such reports in such
form and containing such information as such agencies of the United
States, may from time to time require, and to comply with such provisions
as such agencies of the United States, may from time to time find necessary
to assure the correctness and verification of such reports.

§ 63.1-82. Submission to Governor and publication of annual report.—
The Commission shall submit to the Governor and publish an annual report,
not later than four months after the close of each fiscal year, showing for
such year the total amount of money paid or distributed hereunder, the
total number of blind persons who received aid to the blind, and such other
information as the Commission may deem advisable to show the operations
of the Commission, the Director and the local boards under the provisions
of this title.

§ 63.1-83. Authority to receive grants-in-aid and gifts.—The Com-
mission is authorized to receive, for and on behalf of the State and its sub-
divisions, from the United States and agencies thereof, and from any and
all other sources, gifts and grants-in-aid, made for the purpose of provid-
ing, or to assist in providing, for aid to the blind, including expenses of
administration. All such funds shall be paid into the State treasury.

§ 63.1-84. May administer oaths, conduct hearings and issue sub-
poenas.—The Commission in the exercise and performance of its func-
tions, duties and powers under the provisions of this title is authorized to
hold and conduct hearings, issue subpoenas requiring the attendance of
witnesses and the production of records, memoranda, papers and other
documents, to administer oaths and to take testimony thereunder.

63.1-85. Functions, duties and powers of Director.—In addition to
the functions, duties and powers conferred and imposed upon the Director
by other provisions of law, he shall, subject to the rules and regulations of
the Commission, and as to matters relating to aid to the blind:

(a) See that the provisions of this title are properly administered ;

(b) Assist and co-operate with local authorities in the administra-
tion of this title;

(c) Prescribe the form of applications, reports, affidavits and such
other forms as shall be required in the administration of this title;

(d) Require of local boards such reports relating to the administra-
tion of this title as the Director may deem necessary to enable the Commis-
sion and the Director to exercise and perform the functions, duties and
powers conferred and imposed by this title;

(e) Have access at all times to the records of the local board relating
to the appropriation, expenditure and distribution of funds for, and other
matters concerning, aid to the blind under this title;

(f) Enforce the standards established by the State Board for per-
sonnel employed in the administration of this title; and remove or cause
to be removed each employee who does not meet such standards;

(g) Co-operate with the Federal Department of Health, Education
and Welfare and other agencies of the United States in relation to matters
set forth in this title;

(h) Perform such duties and exercise such powers as shall be re-
quired by the Commission.

CHAPTER 6.

PUBLIC AID AND ASSISTANCE.
Article 1.
In General.

§ 63.1-86. Designation of Law.—Chapter 6 of this title shall be
known as the “Virginia Public Welfare and Assistance Law,” sometimes
referred to in such chapter as “this law.”

63.1-87. Definitions.—The following terms, whenever used or re-
ferred to in this law shall have the following meaning, unless a different
meaning clearly appears from the context:

(a) “Applicant” means a person who applies for public assistance
or services, or for whom assistance or service is applied for, under this law.

(b) ‘Aid to the blind’ means money payments to blind individuals
or for medica] care (including hospitalization) or other vendor payments
on behalf of such persons or others included in the assistance payment; or
money payments to such appropriate person as may be determined by the
local board if the recipient by reason of his physical or mental condition
has such inability to manage his funds that making an assistance payment
to him would be contrary to his welfare.

(c) ‘Aid to dependent children” means money payments on behalf
of a dependent child to the relative with whom he is living, or for medical
care (including hospitalization) or other vendor payments on behalf of
such child or others included in the assistance payment; or money pay-
ments to such appropriate person as may be determined by the local board
if the relative with whom the child is living by reason of his physical or
mental condition has such inability to manage his funds that making an
assistance payment to him would be contrary to the welfare of the child,
or if such relative refuses to accept employment or training under con-
ditions specified by the Board.

(d) “Aid to the permanently and totally disabled’ means money
payments to a person who is disabled, or for medical care (including hos-
pitalization) or other vendor payments on behalf of such person or others
included in the assistance payment; or money payment to such appro-
priate person as may be determined by the local board if the recipient by
reason of his physical or mental condition has such inability to manage his
ea that making an assistance payment to him would be contrary to his
welfare.

(e) “Assistance” and “Public Assistance” mean and include old age
assistance, medical assistance for the aged, aid to dependent children, aid
ote permanently and totally disabled, aid to the blind, and general
relief ;

(f) “Commissioner” means the State Commissioner of Public Wel-
fare, except when used in reference to aid to the blind, in which case it
— the Director of the Virginia Commission for the Visually Handi-
capped ;

(g) ‘Federal Department of Health, Education and Welfare” means
the Department of Health, Education and Welfare of the United States
government or any department or agency thereof which may hereafter be
designated as the agency to administer the Federal Social Security Act,
enacted by the Congress of the United States and approved August four-
teenth, nineteen hundred thirty-five as heretofore or hereafter amended;

(h) ‘General Relief’? means money payments and other forms of
relief to those persons mentioned in § 63.1-106;

(i) ‘Local board” means the local board of public welfare in each
county and city provided for in Article 1 of Chapter 3 of this title;

(j) “Local superintendent” means the local superintendent of public
hme for each county and city provided for in Article 1 of Chapter 4 of

is title;

(k) ‘Medical Assistance for the aged’ means money payments to
the supplier of medical care or treatment to persons sixty-five years of age
or older who are in need of financial assistance in defraying the cost of
such care or treatment;

(1) “Merit System Plan” means those rules and regulations promul-
gated by the State Board in the development and operation of a system of
personnel administration meeting requirements of the Federal Depart-
ment of Health, Education and Welfare.

(m) “Old Age Assistance’ means money payments to a needy per-
son sixty-five years of age or older, or for medical care (including hospital-
ization) or other vendor payments on behalf of such person or others in-
cluded in the assistance payment; or money payments to such appropriate
person as may be determined by the local board if the recipient by reason
of his physical or mental condition has such inability to manage his funds
ol making an assistance payment to him would be contrary to his
welfare;
(n) “Recipient” means any person who receives assistance or serv-
ices or for whom money is paid under this law;

(o) “State Board’ means the Board of Welfare and Institutions ex-
cept when used in reference to aid to the blind in which case it means the
Virginia Commission for the Visually Handicapped.

§ 63.1-88. Public assistance not transferable or subject to execu-
tion, etc.—No public assistance given under this law shall be transferable
or assignable, at law or in equity, and none of the money paid or payable
as public assistance under this law shall be subject to execution, levy,
attachment, garnishment or other legal process, or to the operation of any
bankruptcy or insolvency laws.

§ 63.1-89. Fees for representing applicant or recipient.—Except
as to criminal proceedings brought for any violation of the provisions of
this law, and except as to appeals to the State Board under the provisions
of § 63.1-116, no person shall make any charge or receive any fees for
representing an applicant or recipient in any proceedings hereunder, or
with respect to any application, whether such fee or charge be paid by the
applicant or recipient or any other person.

§ 63.1-90. Public assistance subject to amendment or repeal of
laws.—All public assistance granted under this law shall be deemed to be
granted and to be held subject to the provisions of this law and any amend-
ing or repealing act that may hereafter be passed, and no recipient shall
have any claim for compensation, or otherwise, by reason of his public
assistance being affected in any way by any amending or repealing act.

63.1-91. Local appropriation.—The board of supervisors or other
governing body of each county and the council or other governing body of
each city in the State shall each year appropriate such sum or sums of
money as shall be sufficient to provide for the payment of public assistance
and to provide services, including cost of administration, nnder the provi-
sions of this law within such county or city. The respective governing
bodies of the counties and cities shall also appropriate such sum or sums of
money as shall be sufficient to provide for the foster care of children in the
custody or under the supervision of the local boards of public welfare.

§ 63.1-92. Reimbursement of localities by the State for assistance
paid to or on behalf of applicants.—Such funds as are received from the
United States and agencies thereof as grants-in-aid for the purpose of
providing or assisting in providing assistance grants shall monthly be paid
by the Commissioner to each county and city as reimbursement of the
federal share of such grants as have been paid by each county and city
under the provisions of this law. Within the limits of the appropriations
of State funds, the Commissioner shall also reimburse monthly each county
and city to the extent of sixty-two and one-half per centum of the balance
of such assistance grants as have been paid by each county and city after
crediting them with the reimbursement made from federal funds.

Administrative expenditures incurred by the localities in connection
with the providing of assistance grants and other related services, includ-
ing child welfare, shall be ascertained by the State Board, and the Com-
missioner shall, within the limits of available federal funds and State
appropriations, monthly reimburse each county and city therefor out of
such federal and state funds in an amount to be determined by the State
Board not less than fifty per centum of such administrative costs. In any
case where there shall be a local board representing two or more counties
or cities or combination thereof, the Commissioner may monthly reimburse
the localities represented by such board as they may agree.

The Commissioner also shall reimburse monthly, to the extent of
funds available for such purpose, each county and city out of State and
federal funds, to the extent provided in the next to last sentence of the pre-
ceding paragraph, for monthly rental charges for office space provided the
department of public welfare in publicly owned buildings, for charges
which are based on the cost of initial construction or purchase of a building
or a reasonable amount for depreciation of such building, and/or the cost
of repairs and alterations to either a privately or publicly owned building,
provided, however, that no monthly rental charge shall exceed a reasonable
amount as determined by the Commissioner.

Claims for reimbursement shall be presented by the local board to the
Commissioner, and shall be itemized and verified in such manner as the
Commissioner may require. Such claim shall, upon the approval of the
Commissioner, be paid out of funds appropriated by the State and funds
received from the federal government for the purposes of this law, to the
treasurer or other fiscal officer of the county or city.

§ 63.1-93. Expenditures by Department.—(a) Such appropriations
as are made to the Department of Welfare and Institutions by the General
Assembly for carrying out the provisions of this law, including funds
received from the United States and other sources for such purpose, shall
be used for the following purposes:

(1) Paying such reasonable portion of the per diem and expenses of
the members of the State Board, the expenses of the Commissioner, the
salaries and remuneration of agents and employees of the State Board and
of the Commissioner, as shall be chargeable for the administration of this
law;

(2) Paying all costs and expenses incurred by the State Board and
the Commissioner in the administration of this law;

(3) Reimbursing the counties and cities to the extent provided in
§ 638.1-92, and;

(4) Paying to the United States, for so long as such payment shall
be required as a condition for financial participation by the United States
in any public assistance program its proportionate share of the net amounts
collected by local boards from recipients and estates of recipients.

(bo) Expenditures and disbursements of all amounts appropriated
for the foregoing purposes shall be made by the State Treasurer on war-
rants of the Comptroller issued on vouchers signed by the Commissioner,
or by such person or persons as shall be authorized and designated by the
Commissioner for such purpose.

§ 63.1-94. Expenditures by Commission.—(a) Such appropriations
are made to the Virginia Commission for the Visually Handicapped by the
General Assembly for carrying out the provisions of this law relating to
aid to the blind, including funds received from the United States and other
sources for such purpose, shall be used for the following purposes:

(1) Paying such reasonable portion of the per diem and expenses of
the members of the Commission, the expenses of the Director of the Com-
mission, the salaries and remuneration of agents and employees of the
Commission and of the Director of the Commission, as shall be chargeable
for the administration of this law;

(2) Paying all costs and expenses incurred by the Commission and
the Director in the administration of this law;

(83) Reimbursing the counties and cities to the extent provided in
§ 63.1-92, and;

(4) Paying to the United States, for so long as such payment shall
be required as a condition for financial participation by the United States
in any public assistance program its proportionate share of the net amounts
collected by local boards from recipients and estates of recipients in the
program for aid to the blind.

(b) Expenditures and disbursements of all amounts appropriated
for the foregoing purposes shall be made by the State Treasurer on war-
rants of the Comptroller issued on vouchers signed by the Director, or by
such person or persons as shall be authorized and designated by the
Director for such purpose.

§ 63.1-95. Expenses of Auditor of Public Accounts, Comptroller and
State Treasurer.—All expenses incurred by the Auditor of Public Accounts
in auditing the books, records and accounts of the State Board and of the
Commissioner and of the Virginia Commission for the Visually Handi-
capped and of the Director of such Commission, and in rendering other
services to them and all expenses incurred by the Comptroller and the
State Treasurer in performing the services required by or under this law,
may be treated as administrative expenses of the State Board and the
Commissioner or the Virginia Commission for the Visually Handicapped
and the Director of such Commission, as the case may be, and paid as such.

§ 63.1-96. Allocation of general relief funds.—The State Board
shall annually allocate the general relief funds to the several counties and
cities on a basis of population as shown by the last preceding United States
census. If the population of any city has been, since the last preceding
United States census, or shall hereafter be increased through the annexa-
tion of any territory such increase shall, for the purpose of this law, be
added to the population of such city as shown by the last preceding census
and a proper reduction shall be made in the county or counties from which
the annexed territory was or is acquired. In case any of such general
relief funds are not required by any county or city, the State Board may,
during the fiscal year, make subsequent allocations to the localities on the
basis of need in the respective localities.

§ 63.1-97. Commissioner to provide payments for medical care and
services to recipients of old age assistance; contracts to facilitate such
payments.—The Commissioner is authorized, subject to the approval of
the State Board, to provide payments for medical care and services ren-
dered to persons receiving old age assistance whether such care and serv-
ices are provided under Title XVIII of the federal Social Security Act or
under rules and regulations of the State Board. Subject to the approval of
the State Board, the Commissioner is authorized to enter into agreements
with the Secretary of Health, Education and Welfare of the United States
and to execute contracts with carriers on behalf of local boards of public
welfare to facilitate payments for such medical care and services. The
cost of administration of such contracts with insurance carriers shall
be paid out of the general fund of the State treasury.

§ 63.1-98. Authority of State Board upon amendments of the fed-
eral Social Security Act or regulations of the Department of Health,
Education and Welfare.—In the event the federal Social Security Act or
other appropriate federal statutes or regulations adopted by the Depart-
ment of Health, Education and Welfare are so amended as to change
requirements that must be complied with to entitle the State to federal
grants for or reimbursement on public assistance payments and expendi-
tures for services under the provisions of this title, the State Board may
by rule and regulation adopt such standards, requirements and procedures
pending the adjournment of the next session of the General Assembly that
would bring the public assistance and child welfare programs into com-
pliance with the federal requirements so as not to interfere with, diminish
or jeopardize the State’s entitlement to federal grants for or reimburse-
ment on public assistance payments or expenditures for services under
the provisions of this title.

In the event such federal statutes or regulations are so amended as to
permit funds appropriated by Congress to be used for assistance to or
services for any persons who would be eligible for assistance under §§
63.1-55 and 63.1-106, the State Board may, pursuant to the provisions of
§ 63.1-25, make applicable such provisions of this law as the State Board
finds necessary for the purpose of enabling the State to receive relmburse-
ment for assistance and services given to such persons. With respect to
public assistance, the State Board may also by rule and regulation define
eligibility within the limitations of § 63.1-106 of persons to receive assist-
ance or services under any extension of the federal Social Security Act.
It is the purpose of this section to enable the State of Virginia to meet the
requirements for federal reimbursement on assistance or services to per-
sons who are eligible for assistance or services under this law or who may
be eligible under extensions of the federal Social Security Act.

§ 63.1-99. Reciprocal Agreements with other states on residence
requirements.—The Commissioner, subject to the approval of the State
Board and of the Attorney General, is authorized to enter into reciprocal
agreements with corresponding agencies of other states regarding the
transfer, acceptance and support of persons eligible for assistance in
other states who move into this State without requiring such persons to
meet the residence requirements for public assistance in this State provid-
ing such other states waive the residence requirements in the case of per-
sons eligible for assistance in this State who move into such other
state. The provisions of this section shall not commit this State nor any
political subdivision thereof to the support of persons who are otherwise
ineligible for public assistance under the laws of this State.

Article 2.
Assistance—Grants.

§ 63.1-100. Eligibility for Old Age Assistance—An aged person
shall be eligible for old age assistance if he:

(a) Has attained the age of sixty-five years;

(b) Has continuously resided in Virginia for one year immediately
preceding the date of his application for such assistance;

(c) Isin need of public assistance;

(d) Is not an inmate of or being maintained by any county, munic-
ipal, state or national public institution (except as a patient in a medical
institution) ; provided, however, that an inmate of such an institution may
make application for old age assistance, but such assistance, if granted,
shall not begin until after he ceases to be such an inmate; and provided
that if the appropriate federal statutes are so amended as to permit funds
appropriated by Congress to be used for assistance to aged persons who
are inmates of public institutions, then being an inmate of any such public
institution shall not disqualify such person for assistance; and

(e) Has not made an assignment or transfer of property so as to
render himself eligible for old age assistance at any time within five years
immediately prior to the filing of the application for such assistance.

§ 63.1-101. Eligibility for medical assistance for the aged.—An aged
person shall be eligible for medical assistance for the aged if he:

(a) Has attained the age of sixty-five years;

(b) Isaresident of Virginia;

(c) Is in need of medical care or treatment within limitations set
by rules and regulations of the State Board; and

(d) Is not receiving old age assistance, provided that he may receive
medical assistance for the aged for services provided to him during the
same month he receives old age assistance if he is admitted to or discharged
from a medical institution during that month.

§ 63.1-102. Meaning of medical care or treatment.—Medical care
or treatment as used in § 63.1-101 shall mean and include inpatient hos-
pital care and treatment, outpatient hospital and clinical care and treat-
ment, nursing home care, services by a physician holding a license to prac-
tice medicine, services (exclusive of making or providing dentures) of a
person licensed to practice dentistry, services of a professional nurse or
registered practical nurse as defined in § 54-326, and pharmaceuticals
furnished on a written prescription.
§ 63.1-103. Eligibility for aid to the blind.—A person shall be eligi-
ble for aid to the blind if he:

(a) Has, with correcting glasses, twenty/two hundredths vision or
less in the better eye;

(b) Has continuously resided in Virginia for one year immediately
preceding the date of application for aid to the blind;

(c) Isin need of public assistance;

(d) Is not a patient in an institution for tuberculosis or mental
diseases ;

(e) Is not an inmate of or being maintained by any county, munic-
ipal, state or national public institution (except as a patient in a medical
institution for other than tuberculosis or mental diseases); provided,
however, that an inmate of such an institution may make application for
aid to the blind, but such aid, if granted, shall not begin until after he
ceases to be such an inmate; and provided that if the appropriate federal
statutes are so amended as to permit funds appropriated by Congress to be
used for aid to blind persons who are inmates of public institutions, then
being an inmate of any such public institution shall not disqualify such
person for aid; and

(f) Has not made an assignment or transfer of property so as to
render himself eligible for aid to the blind at any time within five years
immediately prior to the filing of the application for such aid.

§ 63.1-104. Eligibility for aid to permanently and totally disabled.—
- person shall be eligible for aid to the permanently and totally disabled

e@:

(a) Is at least eighteen years of age and has not attained the age of
sixty-five years;

(b) Has continuously resided in Virginia for one year immediately
preceding application for aid to the permanently and totally disabled;

(c) Is permanently and totally disabled;

(d) Isinneed of public assistance;

(e) Is not a patient in an institution for tuberculosis or mental
diseases;

(f) Is not an inmate of or being maintained by any county, munic-
ipal, state or national public institution (except as a patient in a medical
institution for other than tuberculosis or mental diseases); provided,
however, that an inmate of such an institution may make application for
aid to the permanently and totally disabled, but such aid, if granted, shall
not begin until after he ceases to be such an inmate; and provided that if
the appropriate federal statutes are so amended as to permit funds appro-
priated by Congress to be used for aid to permanently and totally disabled
persons who are inmates of public institutions, then being an inmate of
any such public institution shall not disqualify such person for aid; and

(g) Has not made an assignment or transfer of property so as to
render himself eligible for aid to the permanently and totally disabled at
any time within five years immediately prior to the filing of the application
for such aid.

The State Board shall adopt rules and regulations establishing proce-
dures for determining when a person is permanently and totally disabled.

§ 63.1-105. Eligibility for aid to dependent children.—A person
shall be eligible for aid to dependent children if he:

(a) Has not attained the age of sixteen years, or, if regularly at-
tending school, has not attained the age of twenty-one years;

Has resided in Virginia for one year immediately preceding the
application for such aid, or was born within one year immediately pre-
ceding the application if the parent or other relative with whom the child
is living pas resided within Virginia for one year immediately preceding
such birth;
(c) Is deprived of parental support or care by reason of the death,
inued absence from home, or physical or mental incapacity of a parent;

(d) Is living with his father, mother, grandfather, grandmother,
her, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,

cousin, nephew, or niece in a place of residence maintained by one or
e of such relatives as his or their own home or is living in a foster home
ar conditions specified by the State Board. In the event the appro-
te federal statutes are so amended as to permit funds appropriated
congress to be used for aid to dependent children living elsewhere
1 in such residence or home, then living in such residence or home
| not be necessary to qualify such child for aid; and

(e) Isin need of public assistance.

§ 63.1-106. Eligibility for general relief.—A person shall be eligible
reneral relief if such person is in need of public assistance.

§ 63.1-107. Application for Assistance.—Application for assistance
| be made to the local board and filed with the local superintendent of
county or city in which the applicant resides. The application shall be
riting on forms prescribed by the Commissioner and shall be signed
he applicant. Such application shall contain a statement of the amount
roperty, real and personal, in which the applicant has an interest and
ll income which he may have at the time of the filing of the application
such other information as the Commissioner may require.

In the case of aid to dependent children, the application shall be made
he relative with whom the child is living and one application may be
e for several children if they reside with the same person.

In the case of medical assistance for the aged, if the condition of the
ntial recipient is such as to preclude his making an application there-
the application may be made in his behalf by a member of his imme-
e family.

In the case of old age assistance, medical assistance for the aged, and
to the blind, aid to the totally and permanently disabled, and general
f, if the condition of the potential recipient is such as to preclude his
ing an application, the application may be made in his behalf by his
‘dian or committee.

§ 63.1-108. Procedure upon receipt of application.—Upon receipt of
application for assistance, the local superintendent shall make or cause
e made promptly such investigation as he deems necessary to deter-
2 the completeness and correctness of the statements contained in the
ication and to ascertain the facts supporting the application and such
r information as the local board or the Commissioner may require,
shall submit his recommendations in writing to the local board.

The State Board may by rule and regulation authorize the local Super-
ndents to provide immediate and temporary assistance to persons
ling action of the local boards.

§ 63.1-109. Decision of local board that applicant entitled to assist-
.—The local board shall determine whether the applicant is eligible
assistance under this law, and, if eligible, the amount of such assist-
. and the date upon which such assistance shall begin. If the local
‘d approves the payment of assistance, such assistance shall thereupon,
| changed, modified, or revoked be paid as hereinafter provided.

§ 63.1-110. Determining the amount of assistance.—The State
rd shall adopt rules and regulations governing the amount of assistance
ons shall receive under the provisions of this law. In making such
3 and regulations, the Board shall give due consideratidn to significant
rences in living costs in the various counties and cities and shall estab-
or approve such variations in monetary assistance standards, as may
ppropriate in order to achieve the highest practical degree of equity in
ic assistance grants. A local board of public welfare may, with the
approval of the State Board, decrease within a maximum of ten per centum
any general monetary standard established by the State Board. The State
Board shall not approve any modification that would interfere with, di-
minish or jeopardize the State’s entitlement to federal grants for or re-
imbursement on public assistance payments under the provisions of this
itle.

In the event there is any county or city in which reasonably adequate
housing cannot be secured by all local recipients of assistance within such
limits as may be established on a state-wide basis by rule and regulation of
the State Board, the said Board may establish a higher amount or limit
for rent and other housing cost for use in determining assistance pay-
ments in such county or city, and that part of the assistance grant which
is the equivalent of the allowance for rent and other housing cost in excess
of the State-wide maximum allowance may be paid from local funds with-
out State reimbursement.

The amount of assistance which any person shall receive under the
provisions of this law shall be determined in accordance with rules and
regulations made by the State Board with due regard to the property and
income of the person and any support he may receive from other sources,
including that from persons legally responsible for his support, the neces-
sary expenditures of the individual and the conditions existing in each
case. It shall be sufficent, when added to all other income and support of
the recipient (exclusive of that not to be taken into account as hereinafter
provided), to provide such person with a reasonable subsistence.

In determining the income of and support available to a person, the
amount of income required to be exempted by federal statute, or if the
federal statute makes such exemption permissive, then such portion there-
of as may be determined by the State Board shall not be considered in
Permanig the amount of assistance any person may receive under this
aw.

§ 63.1-111. Determination of amount of medical assistance for the
aged.—The determination of the amount of medical assistance for the aged
to which any person is entitled shall be on the basis of income levels and
other pertinent considerations as may be stipulated by rules and regula-
tions made by the State Board. If an applicant is found eligible for such
assistance the local board shall authorize the payment of assistance within
such limitations as may be prescribed by the State Board.

In determining eligibility and amount of medical assistance for the
aged, payments under this chapter the local board shall not be required to
ascertain the ability of legally responsible relatives of applicants to pay or
assist in paying for the needed medical care, but any such help actually
available from this or any other source shall be taken into account.

§ 63.1-112. Notification of change in circumstances.—If at any
time during the continuance of assistance a recipient shall become possessed
of any property or regular income which materially affects the eligibility
of such recipient, it shall be the duty of such recipient to notify immedi-
ately the local board of the receipt or possession of such property or in-
come, or of such change in circumstances, and thereupon the local board
may either cancel the assistance, or alter the amount thereof. Any assist-
ance or part thereof previously paid may be recovered as a debt. Any
recipient who willfully fails to comply with the provisions of this section
shall be guilty of a misdemeanor and, upon conviction, shall be punished
accordingly.

§ 63.1-113. Reconsideration, cancellation or changes in amount of
assistance.—All assistance grants shall be reconsidered by the local board
as frequently as may be required by the rules and regulations of the State
Board and at such other times as the local board may deem necessary.
After such investigation as the local board may deem necessary, or the
State Board may require, the amount of assistance may be changed, or
assistance may be entirely withdrawn if the local board finds that the
recipient’s circumstances have altered sufficiently to warrant such action.

§ 63.1-114. Notice to applicant or recipient of decision.—As soon
as the local board makes any decision granting, denying, changing or dis-
continuing any grant of assistance, it shall give written notice thereof to
the applicant or recipient.

§ 63.1-115. Record of decision.—The local board shall preserve for
such length of time as the Commissioner may prescribe, a record of the
decision of the local board and all supporting documents and records in-
cluding the findings and recommendations of the local superintendent.

§ 63.1-116. Right of Appeal to State Board.—Any applicant or
recipient aggrieved by any decision of a loca] board in granting, denying,
changing or discontinuing assistance, may, within thirty days after receiv-
ing notice in writing of such decision appeal therefrom to, or ask for a
review of the same by the State Board.

Any applicant or recipient aggrieved by the failure of the local board
to make a decision within a reasonable time may ask for a review of the
same by the State Board.

§ 63.1-117. Action by State Board on appeal.—The State Board
shall provide an opportunity for a hearing, reasonable notice of which
shall be given in writing to the applicant or recipient and to the proper
local board in such manner and form as the State Board may prescribe.
The State Board shall if it deems proper make or cause to be made an
investigation of the facts. The State Board shall give fair and impartial
consideration to the testimony of witnesses, or other evidence produced at
the hearing, reports of investigations of the local board and local superin-
tendent or of investigations made or caused to be made by the State Board,
or any facts which the State Board may deem proper to enable it to decide
fairly the appeal or review.

§ 63.1-118. Review by State Board on own motion; application not
acted on by local board.—The State Board may, upon its own motion,
review any decision of a local board, and may consider any application for
assistance upon which a decision is not made by the local board within a
reasonable time.

§ 63.1-119. Finality of decision of State Board.—The decision of
the State Board shall be final and binding and in addition shall be treated
as the decision of the local board concerned, and shall not be subject to
further review or appeal, except that the State Board may at any time
thereafter reopen and review the matter involved.

§ 63.1-120. How assistance paid.— Assistance shall be paid to or on
behalf of the applicant monthly, or at such other time or times as the
rules and regulations of the State Board may provide, by the treasurer or
other disbursing officer of the county or city, upon order of the local board
of such county or city, from funds appropriated or made available for such
purpose by the board of supervisors, council or other governing body of
such county or city. Medical assistance to the aged shall be paid on behalf
of the applicant to the supplier of the medical services or supplies.

§ 63.1-121. Change of residence.—Any recipient of assistance who
moves from one county or city in this State to another county or city
therein, shall thereafter be treated as if the grant of assistance had been
made by the county or city into which he moves, and the local board of the
county or city from which he moves shall transfer all necessary records
relating to the recipient to the local board of the county or city into which
such recipient moves.

§ 63.1-122. State Board may compel action by local authorities.—If
any county or city, through its appropriate authorities or officers shall
fail or refuse to provide for the payment of old age assistance, medical
assistance to the aged, aid to the blind, aid to the permanently and totally
disabled or aid to dependent children in such county or city or to provide
services as required to meet federal standards in accordance with the pro-
visions of this law, the State Board through appropriate proceedings shall
require such authorities and officers to exercise the powers conferred and
perform the duties imposed by this law.

§ 63.1-123. Payments by Commissioner in such cases; deductions
by Comptroller.—For so long as the failure or refusal to provide for the
payments referred to in § 63.1-122 shall continue, the State Board shall
authorize and direct the Commissioner under rules and regulations of the
State Board, to provide for the payment of assistance or the furnishing of
services in such county or city out of funds appropriated for the purpose
of carrying out the provisions of this chapter. In such event the Commis-
sioner shall at the end of each month file with the State Comptroller and
with the board of supervisors, council or other governing body of such
county or city a statement showing all disbursements and expenditures
made for and on behalf of such county or city, and the Comptroller shall
from time to time as such funds become available deduct from funds appro-
priated by the State, in excess of requirements of the Constitution of
Virginia, for distribution to such county or city such amount or amounts
as shall be required to reimburse the State for expenditures incurred
under the provisions of this section. All such funds so deducted and trans-
ferred are hereby appropriated for the purposes set forth, and shall be
expended and disbursed as provided, in §§ 63.1-93 and 63.1-94.

§ 63.1-124. False statements, representations, impersonations and
fraudulent devices.—Whoever obtains, or attempts to obtain, or aids or
abets any person in obtaining, by means of a willfully false statement or
representation, or by impersonation, or other fraudulent device, assistance
to which he is not entitled shall be guilty of a misdemeanor, and upon con-
viction, shall be punished accordingly.

§ 63.1-125. Failure to obey subpcena or charging illegal fees.—lIf
any person shall fail or refuse to obey any subpoena issued under the pro-
visions of §§ 63.1-27, 63.1-58 or 63.1-84, or shall charge or receive any fee
contrary to the provisions of § 63.1-89, he shall be guilty of a misdemeanor
and upon conviction shall be punished accordingly.

§ 63.1-126. Disclosing information for purpose not connected with
assistance.—If any person willfully discloses information concerning ap-
plicants and recipients of assistance or services for purposes other than
those directly connected with the administration of assistance or services
otherwise than is authorized by § 63.1-53, he shall be guilty of a mis-
demeanor, and upon conviction, shall be punished accordingly.

63.1-127. Proceedings against persons liable for support.—The
local board may proceed in the manner provided by law against any person
who is legally liable for the support of an applicant or recipient of assist-
ance to require such person, if of sufficient financial ability, to support the
applicant or recipient.

§ 63.1-128. Lien on property of recipient; recovery from estate of
recipient.—For each recipient of old age assistance and aid to the blind
who owns real estate, the local board shall, unless it requires the recipient
to execute a deed of trust under the provisions of § 63.1-129, prepare and
acknowledge as deeds are acknowledged a notice showing the name of such
recipient, the type of assistance and the date of the first payment, and shall
file the same in the office of the clerk of the court in which deeds are
admitted to record in the county or city in which the real estate is located.
The clerk of the court shall docket this notice as a judgment is docketed
in the current judgment lien docket, indexing it in the name of the re-
cipient, and in the name of the local board. In the event a portion or all of
the assistance received by a recipient shall be repaid, the local board shall
prepare, acknowledge and file a new notice showing the name of the re-
cipient, the total of assistance theretofore received by the recipient and
not repaid and the date of the first payment thereafter. The new notice
shall be similarly docketed by the clerk, who shall mark the docket where
the previous notice was docketed to indicate that it has been superseded.
The clerk shall receive for his services the regular fee allowed for docketing
judgments in his office and the welfare department is hereby authorized to
pay such fee from its administrative fund. The filing of a notice under the
provisions of this section shall create a lien against all real property of the
recipient lying within the county or city wherein the notice is filed in
favor of the local board. Upon the death of any such recipient, the local
board having reason to believe that the recipient died possessed of prop-
erty, either real or personal, from which reimbursement may be had, shall
file notice with the Clerk of the Court as hereinabove provided. The filing
of such notice shall create a lien against the estate, both real and personal,
of such recipient, prior to all other claims except prior liens and except
funeral expenses not in excess of two hundred dollars, and except doctors’
bills and medical expenses not in excess of one hundred fifty dollars.
Liens in favor of local boards which attached under statutes existing prior
to the effective date of this title shall remain in full force and effect with
the same priorities as provided under such statutes.

§ 63.1-129. Execution of deeds of trust by recipients; redemption
and foreclosure.—Each local board may require any such recipient of
assistance as is mentioned in § 63.1-128 to execute a deed of trust on his
real estate to secure the local board for all payments of assistance there-
after made to such recipient. The local board shall cause such deed of trust
to be recorded in the office of the clerk of the court in which deeds are ad-
mitted to record in the county or city in which such real estate is located.
No recordation tax shall be charged upon such instrument, but the clerk
shall be entitled to the recordation fee and the welfare department is
hereby authorized to pay such fee from its administrative fund.

Whenever the amount secured by the deed of trust herein provided
for has been paid, the owner of the property shall be entitled to a deed of
release at his own expense, provided no fee in excess of five dollars shall be
collected from the owner on account of the preparation and execution of
such deed of release.

Upon the death of any recipient, unless the amount secured thereby
shall be paid within 12 months from such date, the local board shall direct
the trustee to sell the property, or so much thereof as may be necessary to
satisfy the debt, which sale shall be pursuant to the provisions of § 55-29
of the Code of Virginia, or in accordance with the provisions of the deed
of trust relating to the procedure in case of sale. The lien created by such
deed of trust shall be prior to all other claims except prior liens, and except
funeral expenses not in excess of two hundred dollars, and except hospital
bills, doctors’ bills and medical expenses not in excess of one hundred
fifty dollars.

§ 63.1-130. Nonenforcement of lien in certain cases.—No lien per-
fected under § 63.1-128 shall be enforced and no deed of trust taken under
§ 63.1-129 shall be foreclosed while the recipient is eligible for assistance
or while the real estate of a deceased recipient is occupied by any de-
pendent child or children of the recipient or by the surviving spouse
of the recipient so long as such spouse remains unmarried.

§ 63.1-131. Unauthorized disposition of real property by recipient.
Any recipient of old age assistance or aid to the blind, or any spouse or de-
pendent child of a deceased recipient of such assistance who sells or in any
way disposes of his real estate without the consent of the local board or
the board or the commissioner shall be guilty of a misdemeanor and shall
be punished accordingly.
§ 63.1-132. Disposition of proceeds of real property of recipient;
release of lien.—Any such recipient, spouse or dependent child as is men-
tioned in § 63.1-131 may (1) sell real property owned by him for the pur-
pose of purchasing other real property with the proceeds of such sale,
(2) use for such purpose the proceeds derived from a taking of his real
property by the exercise of the power of eminent domain, or (3) use the
proceeds from a partial taking of such property by the exercise of the
power of eminent domain for the repair of the residue of his real property,
when such sale and other purchase or use is in the recipient’s best interest
or convenience and the local board or the Commissioner signifies, in writ-
ing, assent to such sale and other purpose or use as being in the recipients
best interest or convenience. During the interval between such sale or
taking and use of the proceeds for the purchase of other real property or
repair of the remaining property, the proceeds of such sale or taking shall
be paid to the local board and held by it until such other purchase or use of
the proceeds is made. When any such sale or use and other purchase is
made pursuant to this section, the local board shall take appropriate steps
to effect a release of the lien provided for in § 63.1-128 or 63.1-129 from
the property so sold or taken, and to establish the lien provided for in
§ 63.1-128 or 63.1-129 upon the other property purchased with the pro-
ceeds of such sale. Any part of the proceeds of such sale not expended in
making such other sale or repairs, or all of the proceeds of a sale or taking
by the exercise of the power of eminent domain of real property of any
such recipient, when the proceeds are not so expended shall, after satisfy-
ing all prior liens and the rights of others in said property, shall be used
to satisfy the lien provided by § 63.1-128 or 63.1-129, and the balance, if
any, shall be paid to the person entitled thereto. The local board shall upon
satisfying such lien reimburse the source or sources of the public assist-
ance granted to the recipient in the manner provided by § 63.1-133.

§ 63.1-133. Distribution of amounts received from recipients of as-
sistance or their estates.—The local board shall pay into the treasury of its
county or city all amounts received from any recipient of assistance or from
his estate. The net amount so received shall be prorated between the county
or city, the State and the United States in the same proportion that the
respective governments shall have contributed towards the payment of
assistance in such county or city during the period represented by such
recovery. When such net amount is prorated, the portions so set aside for
the State and the United States shall be paid into the State treasury.
From the amount so paid into the State treasury there shall be promptly
paid to the United States, so long as such payment shall be required as a
condition for financial participation by the United States in the plan for
assistance provided for by this chapter, its share of the net amount so
collected by the local board.

CHAPTER 7.
HOSPITALIZATION AND TREATMENT OF
INDIGENT PERSONS.

§ 63.1-134. Program of hospital and outpatient treatment.—The
program of hospital and outpatient treatment and care for indigent and
medically indigent persons residing in the several counties and cities of the
Commonwealth initiated under Chapter 197 of the Acts of the Assembly of
1946, shall be administered by the Department of Welfare and Institutions.
Whenever the word “Board” is used in this chapter, it shall mean the State
Board of Welfare and Institutions.

63.1-135. Allocation and payment of funds to counties and cities.—
(a) e State Board of Welfare and Institutions shall allocate semi-
annually to the counties and cities of the Commonwealth on the basis of
population as shown by the last preceding United States census, such
funds as may be appropriated by the General Assembly for this purpose,
such funds for services so allocated to be used by such counties and cities
for meeting one-half of the cost to such localities of hospitalization and
treatment including outpatient and emergency room service, at hospitals
approved by the Board, of indigent persons residing therein, provided that
localities may expend out of their local funds at a per diem hospital rate in
excess of the maximum rate fixed by the State Board, but no reimburse-
ment of such excess shall be made from State funds. Any funds for serv-
ices allocated to a county or city which remain unused at the end of any
six-month period shall be added to and made a part of the reserve fund as
provided for in paragraph (c) of this section.

(b) All payments to counties and cities out of funds appropriated
to the Department of Welfare and Institutions and duly allocated for use
by such localities or for matching their costs in excess of such allocations
under the terms of this chapter shall be made by the State Treasurer on
warrants of the Comptroller issued on vouchers duly executed by the
Director of the Department of Welfare and Institutions on satisfactory
proof of the amounts expended by the respective localities for hospitaliza-
tion and treatment of indigent persons, including outpatient and emer-
gency room service.

(c) In addition to the funds appropriated by the General Assembly
for allocation to the counties and cities of the Commonwealth as above
provided, the State Board of Welfare and Institutions shall establish from
funds appropriated by the General Assembly for the purpose, a reserve
fund to be expended as hereinafter provided. Such reserve fund shall be
expended in meeting one-half the cost incurred by counties and cities for
hospitalization and treatment, including outpatient and emergency room
service at hospitals approved by the Board, of indigent persons residing
therein provided that such county or city seeking reimbursement from the
reserve fund has exhausted the allocation to it under paragraph (a) of
this section.

§ 63.1-136. Counties and cities authorized to contract with hos-
pitals—In the care and treatment of indigent persons as authorized
herein the counties and cities may select and use such hospitals approved
by the Board as are most suitable for the purpose, and, with the approval
of the Board, may contract with such hospitals as to the minimum service
to be rendered, the length of stay of patients, the cost of services rendered,
and other relevant matters.

§ 63.1-137. Contracts with hospitals; required provisions.—All con-
tracts made for hospitalization, care and treatment hereunder shall pro-
vide that in the event the patient requires hospitalization beyond the
length of stay as initially authorized by the county or city, and in the
further event that before the expiration of the length of stay as initially
authorized, the county or city from which such patient is sent is notified
by the hospital attending physician that additional hospitalization is re-
quired, such stay shall be at the expense of the county or city sending
such patient; provided that one-half of such costs, but not exceeding one-
half of the per diem fixed by the Department of Welfare and Institutions
for the hospitalization of indigent persons shall be defrayed by the State
as above provided. In no case shall any county or city be liable for the
care or treatment of any patient retained for teaching purposes, and in
such event the cost of such care and treatment shall be borne by the
retaining hospital.

63.1-138. Liability of counties and cities for portion of cost of
hospitalization, care and treatment of persons certified as eligible there-
for.—If a county or city certifies that an indigent person is eligible for
hospitalization, care and treatment under § 63.1-1389 and such person
receives hospital care and treatment at the Medical College of Virginia
or the University of Virginia then the county or city from which such
patient is sent shall be liable for the cost of the hospitalization, care
and treatment of such person in the same manner as if such locality had
a contract with the Medical College of Virginia or the University of
Virginia, as the case may be, provided all requirements of § 63.1-137 of
the Code have been complied with except the requirement of a formal
contract. Upon the admission of any such patient such institution shall
notify the county or city which certified the patient giving such details
as will serve to identify him. Upon the discharge of any such patient
from the hospital, the institution shall bill the county or city which made
the certification for the cost of his hospitalization, care and treatment, pro-
vided, that the county or city shall be reimbursed for one-half of such
costs as elsewhere provided for in this chapter. If such county or city
fails or refuses for the sixty days following the receipt of such notice to
pay such charge, the institution shall inform the Comptroller and the
Department of Welfare and Institutions of the delinquent amount and of
the name of the county or city involved. The Comptroller shall transfer
one-half of the amount of such costs, but in no instance more than three
hundred dollars, to the credit of the institution from any nonearmarked
moneys otherwise distributable to such county or city by any department
or agency of the State and shall notify the county or city involved.

The Comptroller shall likewise notify the Department of the trans-
fer, and the Department shall authorize payment of an equal amount
to the hospital from funds allocated or available for allocation to the
county or city under the provisions of this chapter.

§ 63.1-139. Eligibility for hospitalization.—The eligibility of per-
sons for hospitalization to be furnished wholly or in part at public ex-
pense, shall be determined by an authorizing agent, duly designated and
appointed by the governing body of each county or city, who shall be
empowered by the appointing governing body to carry out the provisions
of this chapter as they appear. Due notice of such appointment shall be
made by the governing body to the board. No person shall be denied hos-
pitalization solely on the ground that he is not otherwise eligible for
public relief.

The Board shall promulgate uniform eligibility standards for hos-
pitalization under the provisions of this chapter, and shall distribute copies
of such standards to the authorizing agent of each county and city as a
guide in aid of such agents in determining eligibility of persons for such
hospitalization, but it shall not be mandatory upon such authorizing agents
to apply such uniform eligibility standards when making such determina-
tion.

A medically indigent resident of a county or city is defined for the
purposes of this chapter as a person who is a bona fide resident of such
county or city, who did not establish such residence for the purpose of
obtaining the benefits of this chapter, whether gainfully employed or
not and who, either by himself or by those upon whom he is dependent,
is unable to pay for the hospitalization required.

§ 63.1-140. Collection of expense of treatment from patient or his
estate, etc.—In any case where hospital care and treatment is provided
under this chapter, the expense thereof shall be collected whenever possible
from such person or his estate or the person legally responsible for his care.
If the whole amount cannot be collected, as much as possible shall be col-
lected. The county or city from which such patient is sent shall provide for
such collections and the proceeds therefrom shall be distributed one-half to
the State and the remainder to the locality collecting the same.

§ 63.1-141.
§ 63.1-142. Definitions—The following terms, whenever used in
this article, shall have the meanings respectively set forth unless a dif-
ferent meaning is clearly required by the context:

(a) “Commission” means the Virginia Commission for the Visually
Handicapped.

(b) “Blind person” means a person having not more than 20/200
visual acuity in the better eye with correcting lenses; or visual acuity
greater than 20/200 but with a limitation in the field of vision such that
the widest diameter of visual field subtends an angle no greater than 20
degrees. Such blindness shall be certified by a duly licensed opthalmol-
ogist.

(c) “Custodian” means any person or group of persons having the
authority to grant permission for the installation and operation of vend-
ing stands and other business enterprises.

(d) ‘Vending stand’’ means an installation in any public or private
building for the sale of newspapers, periodicals, confections, tobacco prod-
ucts, soft drinks, ice cream, wrapped foods and such other articles as may
be approved by the custodian thereof and the Commission.

(e) “Business enterprise” means any business, other than a vend-
ing stand, wherein the initial installation cost does not exceed three thou-
sand dollars.

(f) “Nominee” means any nonprofit corporation familiar with work
for the blind and in the placement of the blind.

(g) “Public and private buildings and other properties throughout
the Commonwealth” means buildings, land, or other property owned by
or leased to the State or a political subdivision, including a municipality,
or a corporation or individual.

§ 63.1-143. Operation by Commission.—The Commission is hereby
authorized to operate vending stands and other business enterprises in
public and private buildings for the purpose of providing blind persons
with employment, enlarging the economic opportunities of the blind, and
stimulating the blind to make themselves self-supporting.

§ 63.1-144. Operation by blind persons.—Blind persons under the
provisions of this article shall be authorized to operate vending stands
and other business enterprises on any property where, in the discretion
of the owner or custodian of the property, vending stands and other busi-
ness enterprises may be properly and satisfactorily operated.

§ 63.1-145. Contract with nominee to provide equipment and mer-
chandise.—The Commission may contract with any nominee to provide
all necessary equipment and merchandise for the operation of this pro-
gram in the rehabilitation of the blind.

63.1-146. Contract with nominee to furnish services.—The Com-
mission may contract with the nominee, as agent of the Commission, to
furnish services, including the purchase of vending stand and other busi-
ness enterprise equipment and stock, the collection of the funds required
to be set aside for the purposes specified in § 63.1-163 and the keeping
of accounts.

§ 63.1-147. Contracts with federal agencies for installation and
supervision.—The Commission may contract with agencies of the federal
government for the installation and supervision of vending stands and
business enterprises on federal property in this State.
§ 63.1-148. Surveys of business enterprise opportunities.—The Com-
mission shall make surveys of vending stand and other business enter-
prise opportunities for blind persons in public and private buildings
and other properties throughout the Commonwealth.

§ 63.1-149. Employment of blind adult residents as operators.—The
Commission shall be the agency to employ blind persons who are residents
of the State and who are at least twenty-one years of age for the operation
of vending stands and other business enterprises.

§ 63.1-150. Selection of location and operator of enterprise; super-
vision.—The Commission shall be the agency to select the location of the
vending stand and other business enterprise, to select the operator, and
to provide all necessary supervision of the operator and the vending stand
and other business enterprise.

63.1-151. Other general duties of the Commission.—The Com-
mission shall perform such other duties as may be necessary and proper to
carry out the provisions of this article.

§ 63.1-152. Preference in employing operators; operators to be
qualified. — In employing operators, the Commission shall give preference
to those blind persons who are in need of employment. Persons employed
shall be qualified to operate such vending stands and other business enter-

§ 63.1-153. Revocation of privilege to operate enterprise.—All such
privileges to operate vending stands and other business enterprises shal]
be revocable by the Commission in accordance with regulations made by it.

§ 63.1-154. Selection of location and type of enterprise with ap-
proval of custodian.—The Commission, with the approval of the custodian
having charge of the property on which the vending stand and other busi-
ness enterprise is to be located, shall select the location for such vending
stand and other business enterprise and the type of vending stand and
other business enterprise to be provided.

§ 63.1-155. Filling vacancies with blind persons; lunch counter in
Capitol.When any vending stand and other business enterprise operated
in a public building becomes vacant for any reason whatsoever such
vacancy shall be filled by employment of the blind, provided this shall not
apply to the lunch counter in the State Capitol which counter shall be sub-
ject to the control of the Clerk of the House of Delegates.

§ 63.1-156. Providing blind persons with equipment and merchan-
dise.—The Commission shall provide blind persons employed under this
article with such vending stand and other business enterprise equipment
and a stock of suitable articles to be vended therefrom as may be necessary.

§ 63.1-157. Ownership of vending stands and other equipment.—
The ownership of all vending stands and other business enterprise equip-
ment provided under this article shall, however, remain in the Commission,
or in the nominee of the Commission.

§ 63.1-158. Reports by nominee.—The Commission shall require the
nominee to make such reports in such form and containing such informa-
tion as the Commission may from time to time require.

§ 63.1-159. Requiring nominee to comply with provisions.—The
Commission shall require the nominee to comply with such provisions as
the Commission may from time to time find necessary.

§ 63.1-160. Suspension of nominee; continued operation of pro-
gram.—If the Commission, after reasonable notice and opportunity for
hearing to the nominee, finds that the nominee has failed to comply sub-
stantially with the provisions of this article or the regulations issued
thereunder, it shall notify the nominee that its designation as nominee is
suspended until the Commission is satisfied that there will no longer be
any such failure. Until the Commission is so satisfied, or in the event the
nominee shall cease to exist, the Commission may make such provision as
862 Acts OF ASSEMBLY [vA., 1968

it deems proper for the continued operation of the program established
under the provisions of this article.

63.1-161. Regulations for administration of article—The Com-
mission is authorized to make regulations for the administration of this
article which shall, among other things, provide for the acquisition and
disposition of the vending stand and other business enterprise equipment
and other assets used in the operations pursuant to this article.

§ 63.1-162. Requiring performance of duties by officers and em-
ployees.—The Commission may require of its officers and employees the
performance of such duties to effectuate this article as it deems proper.

63.1-163. Funds set aside from proceeds of business enterprises.—
The Commission shall set aside or cause to be set aside from the proceeds
of the operations authorized by this article such funds as may be neces-
sary for the purpose of (a) insuring a fair minimum return to all opera-
tors in the State, (b) providing stock and the use and maintenance of
vending stand and other business enterprise equipment, and (c) provid-
ing of such operators such insurance protection as may be necessary to
carry out the purposes of this article; and the Commission shall use such
funds exclusively for these purposes.

§ 63.1-164. Exemption from taxation.—The Commission and its
nominee shall be exempt from all State and local taxes.

63.1-165. Appeal.Any person aggrieved by any act of the Com-
mission or of its agents or employees or of its nominee in the administra-
tion of this article may appeal to the Commission for a hearing and the
decision of the Commission on such appeal shall be final.

Article 2.
Sale and Distribution of Goods Made by the Blind.

§ 63.1-166. Definitions.—As used in this article:

(a) “Blind person” means a person whose vision in his better eye
with proper correction does not exceed 20/200 or who has a field defect
in his better eye with proper correction which contracts the peripheral
field so that the diameter of the visual field subtends an angle no greater
than twenty degrees.

(b) “Goods or articles made by blind persons” shall be construed
to mean goods or articles in the manufacture of which not less than
seventy-five per centum of the total hours of direct labor is performed
by a blind person or persons.

(c) “Direct labor’ means all work required for the preparation,
processing and assembling goods or articles including the packaging and
packing thereof, but not including time spent in the supervision, admin-
istration, inspection and shipping of such operations, or in the produc-
tion of component materials by other than blind persons.

§ 63.1-167. Registration of manufacturers and distributors of goods
made by blind persons; authorization to use official stamp, label, etc.—
To facilitate ready and authoritative identification of goods or articles
made by blind persons, any person and any public or private institution
or agency, firm, association or corporation engaged in the manufacture
or distribution of goods or articles made by a blind person or persons
shall apply to the Commission for the Visually Handicapped for a regis-
tration and authorization to use an official imprint, stamp, symbol or
label, designed or approved by the Commission, to identify goods and
articles as made by blind persons. Nothing in this article shall authorize
the identification of goods or articles as made by blind persons when the
labor performed by blind persons in connection therewith shall consist
solely of the packaging or packing thereof as distinguished from the
preparation processing or assembling of such goods or articles; nor shall
any package the contents of which are not blind-made carry the label
“packaged by the blind” or words of similar import. The Commission shall
investigate each application, under rules and regulations it shall adopt
for the administration of this article, to assure that such person or organ-
ization is actually engaged in the manufacture or distribution of blind-
made goods or articles. The Commission may register, without investiga-
tion, nonresident individuals and out-of-state agencies, firms, associations
or corporations upon proof that they are recognized and approved by the
state of their residence or organization pursuant to a law of such state
imposing requirements substantially similar to those prescribed pursuant
to this article. All registrations shall be valid for one year from date of
issue. Nothing in this article shall be deemed to prohibit the offering for
sale or sale by a blind person of an article or articles made by such blind
person without application for registration or to require the labeling of
such article or articles.

§ 63.1-168. Goods not to be represented as made by blind persons
unless identified as such by label, stamp, etc.; what goods may be so
identified.—_No goods or articles made in this or any other state may be
displayed, advertised, offered for sale or sold in this State upon a repre-
sentation that the same are made by blind persons unless the same are
identified as such by label, imprint, stamp or symbol, and no such goods
or articles may be so identified unless at least seventy-five per centum
of the total hours of direct labor of producing such goods or articles shall
have been performed by a blind person or persons.

§ 63.1-169. How goods made by blind persons to be stamped or
labeled.—Any blind workman, or any public or private institution or agency,
corporation, firm or association, registered with the Commission pursuant
to this article, engaged in the manufacture or distribution of articles of
merchandise, made or manufactured by a blind person or persons, shall
imprint or stamp upon such articles of merchandise or affix thereto
labels containing the words, “made by a blind workman or made by the
blind, or blind-made,” to which shall be added the name of the manu-
facturer, the place of manufacture and such other information as the
Commission may prescribe.

§ 63.1-170. Use of words “State,” “Commonwealth,” or “Virginia.” —
No person, association, or corporation engaged in the sale of blind-made
products may use the words “State,” “Commonwealth,” or “Virginia” in
its company or corporate title unless such person, association, or corpo-
ration is actually an instrumentality of the Commonwealth of Virginia.

63.1-171. Certain acts declared misdemeanors.—Any person, firm,
corporation, institution or association, who (a) shall use or employ an
imprint, stamp, symbol or label issued or approved by the Commission
for the Visually Handicapped or an imitation thereof without having reg-
istered with the Commission, or (b) who shall directly or indirectly by
any means indicate or tend to indicate or represent that the goods or
articles were made by a blind person or persons when in fact such goods
or articles were not so made, or (c) who violates any provision of
§ 63.1-170 shall be guilty of a misdemeanor.

CHAPTER 9.
HOMES FOR AGED, INFIRM, INCAPACITATED
AND INDIGENT PERSONS.
Article 1.
Licensing of Homes for the Aged, Infirm,
and Incapacitated Persons.
§ 63.1-172. Definition—The following term, whenever used or re-

ferred to in this article, shall have the following meaning, unless a dif-
ferent meaning clearly appears from the context:
“Home for the aged” means any place, establishment, or institution,
public or private, operated or maintained for the maintenance or care of
four or more aged, infirm or incapacitated persons, except (1) a facility
or portion of a facility licensed by the State Board of Health or the
State Hospital Board and (2) the home or residence of an individual who
cares for or maintains only persons related to him by blood or marriage.

§ 63.1-173. Requirements for buildings and personnel; financial
ability of applicant; good character of officers and agents.—(1) All struc-
tures proposed to be used by homes for the aged to house occupants of
such homes shall:

(a) Besubstantially constructed and in good repair ;

(b) Have adequate and safe ventilation;

(c) Have adequate and safe heat or heating system ;

(d) Have adequate natural and safe artificial illumination;

(e) Have a kitchen of sufficient capacity and properly equipped to
provide suitable foods to meet the dietary needs of the occupants; and

(f) Have adequate bathing and toilet facilities for the comfort and
health of the occupants.

(2) Qualified personnel in sufficient numbers shall be employed in
all homes for the aged.

(3) The applicant shall be financially capable of maintaining the
proposed operation of the home for the aged in compliance with this article,
and the applicant, or the officers and agents of the applicant if it be an
association, partnership or corporation, shall be of good character and
reputation.

§ 63.1-174. Regulations for construction, maintenance and opera-
tion. The State Board is directed to adopt reasonable regulations gov-
erning the construction, maintenance and operation of homes for the aged
in conformity with this article, in order to reasonably protect the health,
safety and welfare of the persons cared for therein. Such regulations
shall contain minimum standards and requirements by which the Director
is to be guided in his determination as to what structures and facilities
comply with the provisions set forth in § 63.1-173.

§ 63.1-175. Licenses required; expiration and renewal; maximum
number of inmates.—(a) Every person who constitutes, or who operates
or maintains, a home for the aged shall obtain an appropriate license from
the Director, which he shall have renewed annually.

(b) The licenses shall be issued on forms prescribed by the Di-
rector. Any two or more licenses may be issued for concurrent opera-
tion of more than one home for the aged. Each license and renewals
thereof shall expire at the end of one year from the date of its issuance
or renewal, unless sooner revoked or surrendered.

(c) Nocharge shall be made for the issuance or renewal of a license.

(d) Each license shall stipulate the maximum number of persons
who may be cared for in the home for the aged for which it is issued.
Application may be made at any time to increase this maximum and such
applications shall be treated as though they were original applications
for licenses. The Director may issue a license stipulating a lower maximum
than that requested in the application if the applicant agrees to such lower
maximum in writing.

§ 63.1-176. Investigation on receipt of application.—Upon receipt of
the application the Director shall cause an investigation to be made of
the activities, services and facilities of the applicant, of the applicant’s
financial responsibility, and of his character and reputation or, if the
applicant be an association, partnership or corporation, the character
and reputation of its officers and agents.

§ 63.1-177. Inspections and interviews; reports.—(a) Applicants
and licensees shall at all times afford the representatives of the Director rea-
sonable opportunity to inspect all of their facilities, books and records,
and to interview their agents and employees and any person living in
such facilities.

The Director and his authorized agents shall have the right
to inspect and investigate all homes for the aged, interview their inmates,
and have access to their records.

(c) <A written report of each investigation made of a licensed home
for the aged shall be filed with the Director, and shall be available for
inspection at any reasonable time by any person having a bona fide
interest in the operation of such home.

§ 63.1-178. Issuance or refusal of license; provisional license.—Upon
completion of his investigation, the Director shall issue an appropriate
license to the applicant if he determines that the applicant and his
agents and employees comply, and structures proposed to be used by the
applicant and his proposed manner of operation conform, with the pro-
visions of this article. The Director may issue a provisional license to
any applicant for any period not to exceed six months, if the applicant
is temporarily unable to comply with all of the requirements of this
article. Such provisional license may be renewed, but no person or agency
shall engage in any operation or activity for which a license is required
under any such provisional license and renewals thereof for a longer
period than two successive years.

§ 63.1-179. Revocation or denial of renewal of license.—The Direc-
tor may revoke or deny the renewal of the license of any home for the
aged which violates any provision of this article or any rule or regulation
issued under any provision of this article.

§ 63.1-180. Appeal from refusal, denial of renewal or revocation of
license.—(a) Any home for the aged to which the Director refuses to
issue or renew a license, or whose license has been revoked, as herein
provided, or which is aggrieved by any action of the Director or his agents,
shall have the right of appeal to any court of record having chancery
jurisdiction of the county or city in which the residence or principal
office of such home for the aged is located, provided that notice to in-
stitute such an appeal be served upon the Director within thirty days
after the date upon which such home for the aged receives notice of such
refusal, denial of renewal or revocation or the date on which the action of
the Director or his agents which is complained of occurred.

(b) The court, or judge thereof in vacation, may hear such an
appeal after ten days’ notice to the Director, which notice shall be given
in writing and served and returned in the manner prescribed by §§ 8-51
and 8-52. After hearing the evidence the court shall render a decision
upholding the refusal, denial of renewal or revocation, or ordering the
issuance or reinstatement of the license or renewal thereof, according to
the requirements of justice. In every such proceeding the Director shall
be named defendant. From the decision of the trial court a petition for
a writ of error shall lie in the Supreme Court of Appeals at the suit
of either party.

(c) An appeal, taken as provided in this section, shall operate to
stay any criminal prosecution for operation without a license and to sus-
pend the operation of any injunction against operation without a license,
pending a final disposition of such appeal.

When issuance or renewal of a license has been refused by
the Director, the applicant shall not thereafter for a period of six months
apply again for such license unless the Director in his sole discretion be-
lieves that there has been such a change in the conditions on account of
which he refused the prior application as to justify considering the new
application.

§ 63.1-181. Enjoining operation of home without license.—Any
court of record, having chancery jurisdiction in the county or city where
the home for the aged is located, shall, on motion of the Director have
jurisdiction to enjoin the operation of any home for the aged operated
without a license required by this article.

§ 63.1-182. Offenses.—Any person who interferes with any author-
ized agent of the Director in the discharge of his duties under this article,
or who makes to the Director or any authorized agent of the Director
any report or statement with respect to the operation of any home for
the aged which is known by such person to be false or untrue, or any
person who operates or engages in the conduct of a home for the aged
without first obtaining a license as required by this article, or after
such license has been revoked or has expired and not been renewed, or who
operates or engages in the conduct of a home for the aged serving more
persons than the maximum stipulated in the license, and each officer and
each member of the governing board of any association or corporation
which operates a home for the aged without obtaining such license or
after such revocation or expiration, or which operates or engages in the
conduct of a home for the aged serving more persons than the maximum
stipulated in the license, shall be guilty of a misdemeanor.

It shall be the duty of the attorney for the Commonwealth of every
county and city to prosecute all violations of this article.

Article 2.
District Homes for Aged, Indigent, Infirm,
and Incapacitated Persons.

§ 63.1-183. Establishment of a state-wide system.—The State Board
is authorized to organize and establish a state-wide system of public
homes for the care and maintenance of indigent aged, infirm or inca-
pacitated persons. In establishing such system the State Board shall in-
clude therein existing city, county and district homes which meet the
standards required by the State Board. The State Board shall encourage
the establishment of district homes as hereinafter provided.

§ 63.1-184. Authority to establish.—The governing bodies of any two
or more counties in this State, or the governing bodies of any one or more
counties and one or more cities in this State, may establish a home for
the care and maintenance of indigent aged, infirm or incapacitated per-
sons, to be known as district home for the counties Of ...............sssssesssssesssscsseees ,
or district home for the county or COUNTIES Of ...........ccccccsssssscececessssnsenenesecenens ,
AN City OY CITIES ...............csccesscseressseveeeeeees , as the case may be.

63.1-185. Location; members of home board; compensation and
expenses.—Each such district home shall be controlled by a board to con-
sist of at least one representative from each county and city composing
the district, but where a county or city shall have more than twenty
thousand inhabitants its representative shall have one vote and an addi-
tional vote for every twenty thousand inhabitants or fractional part thereof
over ten thousand; provided, that no city shall have more votes in any
district then the combined votes of the counties composing the districts.

The representatives from the counties and cities shall be elected by
the respective governing bodies thereof. Such representatives shall be en-
titled to necessary expenses incurred, including mileage as provided by
general law, in attending meetings of the board, and in addition each
may receive an allowance of fifteen dollars per day for each day that he
shall be in attendance on the board, such allowance, however, not to
exceed in any one year the sum of one hundred eighty dollars to be
paid by the counties and cities, respectively. The accounts for such ex-
penses and allowances shall be made out and verified by affidavits of
the representatives and attested by the secretary of the board.

§ 63.1-186. Funds for purchase and erection of home.—The govern-
ing bodies of the respective counties and cities in the State for which
such district homes are established are authorized to sell and convey by
proper deed all the real estate held by them for the use, benefit and main-
tenance of their poor, and to sell all personal property used for that
purpose, and out of the proceeds to appropriate so much as may be re-
quired to purchase and erect district homes as hereinafter provided.

The necessary funds, however, to purchase and to erect the district
homes, may be appropriated by the governing bodies of the respective
counties and cities for which such district homes are established from
the general funds of such counties and cities.

§ 63.1-187. Duty to appoint members of board.—It shall be the duty
of the several governing bodies of the counties and cities that elect to
adopt the provisions of this article to appoint, as soon thereafter as prac-
ticable, the members of the boards provided for by this article, and which
shall be known as the district home board for the counties Of ..............cssccesee
or counties and cities Of ...........scssseccseeees

§ 63.1-188. Organization and duties of board; proportionate pay-
ment and ownership.—The district home board shall, as soon as possible
after appointment, upon call of representatives of any participating city
or county, assemble at the time and place named in the call, organize
by the election of a chairman and secretary and proceed as soon as
possible to establish such district home. The several counties and cities
establishing the district home shall pay for the same in proportion to
their respective populations and shall hold and own the same in the same
proportion.

63.1-189. Election of superintendent, physician and assistants;
meetings and powers of board.—Each district home board shall elect a suit-
able superintendent, a competent physician and necessary assistants for
the conduct and management of the home, and shall fix their salaries,
having due regard to the number of inmates occupying the home. The
district board shall meet at least twice a year for the conduct of such
business as may be required by the district home, and shall have the
general conduct and management of its affairs, and shall meet at the call
of the chairman whenever he shall deem it necessary, or upon call issued
by a majority of the board. In the calls for special meetings the matters
to be considered shall be set out, but any business may be transacted
which shall at such special meeting receive a two-thirds vote of the entire
board, although not mentioned in the call.

63.1-190. Persons to be sent to home; payment of expenses.—
The several counties or the several counties and cities of the State, estab-
lishing the district homes hereinbefore provided for, shall, admit indigent
aged, infirm and incapacitated persons to the district homes, and pay the
expenses of the maintenance of such home in proportion to the number
of inmates from the several counties and cities.

§ 63.1-191. Board to control home and make rules and regulations.—
The board having charge of each home shall have the control and man-
agement of its home, and may make such rules and regulations in respect
thereto, as shall not be inconsistent with the laws of the State.

§ 63.1-192. Report of board.—As soon after the first day of Jan-
uary of each year as may be practical the district board shall cause a
report to be made of the home, which shall show the number and age
of the inmates, the condition of health of each one of them, the county or
city of his or her residence, the average number during the year, the amount
received from each county and city composing the district, and the amount
expended, and an itemized statement of all expenditures. It shall also
show an inventory and appraisement of the property on hand at the
commencement of the year, and shall give an account of receipts from
the farm and disbursements on account of it, and such other matters as
may be required by the governing body of any county or any city in-
cluded in the district, or by the State Board. A copy of the report of
the board shall be furnished to the governing bodies of the counties and
of the city or cities within the district, and to the State Board.

§ 63.1-193. Withdrawal from consolidation.—The governing body of
any county or city in this State, which has combined or consolidated with
any other county or city, either or both, to establish a home for the care
and maintenance of the poor, under the provisions of any existing laws may
withdraw from such consolidation or combination and may dispose of all
property, or property rights, acquired by reason of such combination or
consolidation, to some other county or city to be jointly used with the
remaining owners for the purpose for which the home was established,
and such ownership to be subject to the rules and regulations of the home
board, subject, however, to approval of the circuit court of such county
or any court of any city having the same jurisdiction as a circuit court,
entered of record, upon a petition of such governing body, herein men-
tioned, duly filed, setting forth the facts upon which it is desired to make
the change herein provided for.

The board of directors of such home shall be made parties defendant
to such petition and each of the members of the board shall be served with
a copy of the petition.

§ 63.1-194. Transfer of portion of interest of county to city created
therefrom.—Whenever any city shall have been created from within the
boundaries of any county which has combined or consolidated with any
other county or city to establish a district home pursuant to this chapter,
the governing body of the county from which such city was formed may
transfer to such city a portion of its interest in such home which portion
shall be determined proportionately according to the population of such
city and county. The governing body of such city may elect a properly
qualified representative to the district home board as soon as practicable,
after any such transfer. Such city may thereafter use the home jointly with
the other owners thereof for the purpose for which the home was estab-
lished, in accordance with the provisions of this article and subject to the
rules and regulations of the home board.

CHAPTER 10.
CHILD WELFARE, HOMES, AGENCIES AND INSTITUTIONS

§ 63.1-195. Definitions.—As used in this Chapter: ‘Person” means
any natural person, or any association, partnership or corporation.

“Child’”’ means any natural person under eighteen years of age.

_ “Foster Home” means the place of residence of any natural person in
which any child other than a child by birth or adoption of such person,
resides as a member of the household.

“Child Placing Agency” means any person, other than the parent or
guardian of the child, who places, or obtains the placement of, or who
negotiates or acts as intermediary for the placement of, any child in a
foster home.

“Child Caring Institution” means any facility, other than a facility
operated by the State or a county or city, maintained for the purpose of
receiving children for full-time care, maintenance, protection and guidance
separated from their parents or guardians, except (1) a bona fide hospital
legally maintained as such, (2) a facility required to be licensed as a
summer camp and (3) a bona fide 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 vaca-

n.
“Independent Foster Home” means the place of residence of any
natural person 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 (1) a home in
which are received only children related by consanguinity or affinity of
the person who maintains such home and legitimate children of personal
friends of such person and (2) a home in which are received a child or
children committed under the provisions of § 16.1-178, subparagraph (2)
or (414).

“Child Care Center” means any facility (including family day care
homes, as defined in this section but excluding private homes not within
the definition of a family day care home) operated for the purpose of pro-
viding group care, protection and guidance to children during only a part
of the twenty-four hour day; except (1) a facility required to be licensed
as a summer camp under §§ 35-43 to 35-538, (2) a school meeting the aca-
demic standards prescribed by the rules and regulations promulgated by
the State Board of Education under § 22-115.33. (3) a school operated
primarily for the educational instruction of children from three to five
years of age at which children three or fours years of age do not attend
in excess of four hours per day and children five years of age do not attend
in excess of six and one-half hours per day.

“Family Day Care Home” means any private family home in which
a child or children are received for care, protection and guidance during
only a part of the twenty-four hour day, except children who are related by
consanguinity or affinity to the person who maintains such home or who
are children of personal friends of such persons.

_ “Child Welfare Agency” means a child placing agency, child caring
institution, independent foster home, or a child care center or a family day
care home.

§ 63.1-196. Licenses required.—(a) Every person not an Officer,
employee or agent of the State, county or city or duly licensed child placing
agency acting within the scope of his authority as such who Serves as or
maintains a child placing agency, a child caring institution, an independent
foster home, child care center or a family day care home shall obtain an
appropriate license from the Commissioner which he shall have renewed
annually.

(b) The Commissioner shall provide for the issuance and annual re-
newal of five categories of licenses; namely, (1) Child Placing Agency
licenses, (2) Child Caring Institution licenses, (3) Independent Foster
Home licenses, (4) Child Care Center licenses and (5) Family Day Care
Home licenses. Any two or more such licenses may be issued for concurrent
operation to the same person but each license shall be issued upon a sep-
arate form. Each license and renewal thereof shall expire at the end of one
year from the date of its issuance or renewal unless sooner revoked or
surrendered.

§ 63.1-197. Form and requisites of application for license.—Each
application for a license, or for a renewal thereof, shall be made to the
Commissioner, in such form as he may prescribe. It shall contain a state-
ment of the name and address of the applicant, and, if the applicant be an
association, partnership or corporation, the names and addresses of its
officers and agents. The application shall also contain a description of the
activities proposed to be engaged in and the facilities and services to be
employed, together with such other pertinent information as the Commis-
sioner may require.

§ 63.1-198. Investigation on receipt of application—Upon receipt
of the application the Commissioner shall cause an investigation to be made
of the activities, services and facilities of the applicant, of the applicant’s
financial responsibility, and of his character and reputation or, if the
applicant be an association, partnership or corporation, the character and
reputation of its officers and agents. The applicant shall afford the repre-
sentatives of the Commissioner required to make the investigation reason-
able opportunity to inspect all of the applicant’s facilities, books and
records, and to interview his or its agents and employees and any child or
other person within his or its custody or control.

§ 63.1-199. Issuance or refusal of license; notification.—Upon com-
pletion of such investigation, the Commissioner shall issue an appropriate
license to the applicant if such applicant has made adequate provision
for such activities, services and facilities as are reasonably conducive to
the welfare of the children over whom he may have custody or control, if
his financial responsibility is such as to give reasonable assurance of the
continued maintenance of such activities, services and facilities, and if he,
or the officers and agents of the applicant if it be an association, partner-
ship or corporation, is or are of good character and reputation; otherwise,
the license shall be refused. Immediately upon his taking final action, the
Commissioner shall notify the applicant of such action.

§ 63.1-200. Delay in acting on application, or in notification.—In case
the Commissioner fails to take final action upon an application for a license
within sixty days after the application is made, either by way of issuance
or refusal, or fails within such time to notify the applicant thereof, it
shall be lawful for the applicant to engage in the operations or activities
for which the license is desired, until the Commissioner has taken final
action and notified the applicant thereof.

§ 63.1-201. Provisional license.—The Commissioner may issue a pro-
visional license to any applicant for any period not to exceed six months,
if the applicant is temporarily unable to comply with all of the require-
ments of this chapter. Such provisional license may be renewed, but no per-
son or agency shall engage in any operation or activity for which a license
is required under any such provisional license and renewals thereof for
a longer period than two successive years.

§ 63.1-202. Commissioner and State Board to prescribe limitations
and standards.—The State Board shall prescribe general standards and
policies for the activities, services and facilities to be employed by persons
and agencies required to be licensed under this chapter, which standards
shall be designed to ensure that such activities, services and facilities are
conducive to the welfare of the children under the custody or control of
such persons or agencies.

§ 63.1-203. Records and_ reports.—Every licensed child _ wel-
fare agency shall keep such records and make such reports to the Com-
missioner as he may require. The forms to be used in the making of such
reports shall be prescribed and furnished by the Commissioner.

§ 63.1-204. Acceptance and control over children.—A licensed child
welfare agency shall have the right to accept, for any purpose not contrary
to the limitations contained in its license, such children as may be en-
trusted or committed to it by the parents, guardians, relatives or other
persons having legal custody thereof. or committed by any court of com-
petent jurisdiction. The agency shall, within the terms of its license and
the agreement or order by which such child is entrusted or committed
to its care, have custody and control of every such child so entrusted or
committed and accepted, until he is lawfully discharged, has been adopted,
or has attained his majority.

A licensed child placing agency may place for adoption, and is em-
powered to consent to the adoption of, any child who is properly committed
or entrusted to its care when the order of commitment or the entrustment
agreement between the parent or parents and the agency provides for
the permanent separation of such child from his parent or parents.

§ 63.1-205. Where child placing agencies may place children; inves-
tigation and visitation; supervision.—(a) Any licensed child placing
agency may place or negotiate and arrange for the placement of children
in any licensed child caring institution, and, unless its license contains a
limitation to the contrary, a licensed child placing agency may also place
or arrange for the placement of such persons in any suitable foster home.

(b) Before placing or arranging for the placement of any such child
in a foster home the agency shall cause a careful study to be made to
determine the suitability of such home, and after placement shall cause
such home and child to be visited as often as necessary to protect the
interests of such child.

(c) Every child placing agency which places a child in a foster home
shall maintain such supervision over such home as shall be required by the
standards and policies established by the Board.

63.1-206. Agreements with persons taking children.—Every child
placing agency shall, with respect to each child placed by it in a foster
home, enter into a written agreement with the head of such home, which
agreement shall provide that the authorized representatives of the agency
shall have access at all times to such child and to the home, and that the
head of the home will release custody of the child so placed to the auth-
orized representatives of the agency whenever, in the opinion of the
agency, or in the opinion of the Commissioner, the best interests of the
child so placed shall require it.

§ 63.1-207. Children from other states.—(a) Any child placing
agency which brings or sends, or causes to be brought or sent, a non-
resident child into Virginia for the purpose of placement in a foster home
shall first obtain the consent of the Commissioner, which shall be given
in accordance with the regulations prescribed by the State Board. The
agency shall also comply with all the regulations of the State Board relating
to nonresident children so brought or sent into the State.

(b) The State Board is authorized to prescribe such regulations for
the bringing or sending of such children into the State by child placing
agencies for the purpose of placement in foster homes, and for the care,
maintenance, supervision and control of all children so brought or sent into
the State until they have been adopted, attained their majority, or have
been otherwise lawfully discharged or released, as are reasonably conducive
to the welfare of such children.

(c) The State Board may require any agency so bringing or sending a
nonresident child into Virginia, to enter into a written agreement with
the Commissioner providing, among other reasonable things, that tke
agency will remove the child from the State, or cause him to be so removed,
at the request of the Commissioner made at any time prior to the adoption
of such child, or his marriage or his attaining his majority. The Commis-
sioner may require of any agency entering any such agreement a bond with
satisfactory surety in an amount not in excess of twenty-five hundred
dollars, conditioned upon the fulfillment of the agreement.

§ 63.1-208. Sending children out of State—(a) Any child placing
agency which takes or sends, or causes to be taken or sent, any resident
child out of the State for the purpose of placement in a foster home, shall
first obtain the consent of the Commissioner, given in accordance with the
regulations prescribed by the State Board. The agency shall also comply
with all of the regulations of the State Board relating to resident
children so taken or sent out of the State.

(b) The State Board is authorized to prescribe such regulations for
the taking or sending of such resident children out of the State by child
placing agencies for the purpose of placement in foster homes as are
reasonably conducive to the welfare of such children.

§ 63.1-209. Confidential records.—(a) The records of all child
welfare agencies regarding persons received or placed out by them and the
facts learned by them concerning such persons and their parents or rela-
tives, shall be confidential information, provided that the Commissioner,
the State Board and their agents shall have access to such information
that it shall be disclosed upon the proper order of any court, and that it
may be disclosed to any person having a legitimate interest in the place-
ment of any such person. It shall be unlawful for any officer, agent or
employee of any child welfare agency, for the Commissioner, the State
Board or their agents or employees, and for any person who has held any
such position, and for any other person to whom any such information is
disclosed as hereinabove provided, to disclose, directly or indirectly, any
such confidential information, except as herein provided. Every violation
of this section shall constitute a misdemeanor and be punishable as such.

(b) Any person who has attained his majority, and who has not been
legally adopted in accordance with the provisions of chapter 11 of this
title, and who believes that he has been placed out by a child placing
agency, shall have the right to demand and receive from the Commissioner,
the State Board, or any such agency, such information as any of them may
have concerning his own parents or relatives.

§ 63.1-210. Inspections and interviews.—The Commissioner, the
State Board, and their agents, shall have the right, at all reasonable
times, to inspect all of the facilities, books and records of every child
welfare agency, and to interview any agent or employee thereof or any
person under its custody, control, direction or supervision. Such agents
shall afford the Commissioner, the State Board and their agents every
reasonable opportunity and facility for such inspections and interviews.

§ 63.1-211. Removal of person under control of agency.— Whenever
any child placed out by a child placing agency and still under its control
or supervision is subject, in the home in which he is placed, to unwholesome
influences or to neglect or mistreatment, or whenever the Commissioner
shall so order, such agency shall cause the child to be removed from such
home and shall make for him such other arrangements as may be approved
by the Commissioner.

§ 63.1-212. Revocation, etc., of license—The Commissioner may
revoke or deny the renewal of the license of any child welfare agency
which violates any provision of this chapter or fails to comply with the
limitations and standards set forth in its license.

§ 63.1-213. Appeal from revocation or denial of license.—(a) Any
child welfare agency to which the Commissioner refuses to issue or renew
a license, or whose license has been revoked, as hereinabove provided, shall
have the right of appeal to any court of record having chancery juris-
diction of the county or city in which the residence or principal office of
such agency is located, provided that notice to institute such an appeal
be served upon the Commissioner within thirty days after the date upon
which such agency receives notice of such refusal or revocation.

(b) The court, or judge thereof in vacation, may hear such an appeal
after ten days’ notice to the Commissioner, which notice shall be given in
writing and served and returned in the manner prescribed by §§ 8-51 and
8-52. After hearing the evidence the court shall render a decision uphold-
ing the refusal or revocation, or ordering the issuance or reinstatement
of the license or renewal thereof, according to the requirements of justice.
In every such proceeding the Commissioner shall be named defendant.
From the decision of the trial court a petition for an appeal shall lie
in the Supreme Court of Appeals at the suit of either party.

(c) An appeal, taken as provided in this section, shall operate to stay
any criminal prosecution for operation without a license and to suspend
the operation of any injunction against operation without a license, pend-
ing a final disposition of such appeal.

§ 63.1-214. Injunction against operation without license.—Any
court of record, having chancery jurisdiction in the county or city where
the principal office of any child welfare agency is located shall, at the suit
of the Commissioner, have jurisdiction to enjoin the operation of any child
welfare agency operated without a license required by this chapter.

63.1-215. Penalty for operation without license——Any person who
operates or engages in the activities of a child welfare agency without first
obtaining a license as required by this chapter, or after such license has
been revoked or has expired and not been renewed, and each officer and
each member of the governing board of any association or corporation
which operates a child welfare agency without obtaining such license or
after such revocation or expiration shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars, or by imprisonment for not more than twelve months, or
by both such fine and imprisonment. Every day’s violation of this section
shall constitute a separate offense.

3 63.1-216. Duty of attorneys for the Commonwealth.—It shall be
the duty of the attorney for the Commonwealth of every county and city
to prosecute all violations of this chapter.

§ 63.1-217. Duties of Commissioner and State Board.—lIt shall be
the duty of the Commissioner to administer this chapter under adminis-
trative rules and regulations which shall be prescribed by the State Board.

§ 63.1-218. Chapter not to apply to certain schools and institu-
tions.—None of the provisions of this chapter shall apply to any private
school or charitable institution incorporated under the laws of this State,
which is located west of Sandy Ridge and on the watersheds of Big Sandy
eee to which no contributions are made by the State or any agency

ereof.

§ 63.1-219. Municipal and county appropriations; contracts.—The
governing bodies of the several cities and counties of this Commonwealth
may, in their discretion, appropriate to incorporated charitable organiza-
tions licensed by the Department for the purpose of receiving and caring
for children, or placing or boarding them in private homes, such sums as
to them may seem proper, for the maintenance and care of such dependent
children as the charitable organizations may receive from the respective
cities and counties. And the governing body of any county may make con-
tracts with such organizations.

CHAPTER 11.
ADOPTION.

§ 63.1-220. Child placing agency defined.—As used in this chapter
“child placing agency” means any person, firm, or corporation licensed as
such agency under the provisions of Chapter 10 or the local board of public
welfare having custody of a child with right to place him for adoption by
virtue of court commitment or parental agreement as provided in §§ 63.1-
56 and 63.1-204 or an agency outside the State which is licensed or other-
wise duly authorized to place children for adoption by virtue of the laws
under which it operates.

§ 63.1-221. Jurisdiction and proceedings.—Proceedings for the
adoption of a minor child and for a change of name of such child shall be
instituted only by petition to a court of record having chancery jurisdic-
tion in the county or city in which the petitioner resides or in the city or
county in which is located the child placing agency which placed the child,
provided that the Chancery Court of the City of Richmond shall have
exclusive jurisdiction in every such case arising in the said city if the
petitioner resides on the north side of the James River, and that the Hust-
ings Court of the City of Richmond, Part II, shall have exclusive jurisdic-
tion if the petitioner resides in the said city on the south side of the James
River. Such petition may be filed by any natural person who resides in the
Commonwealth or who has custody of a child placed by a child placing
agency of the Commonwealth, for leave to adopt a minor child not legally
his by birth, and, if it be so desired by the petitioner, also to change the
name of such child. In the case of married persons the petition shall be the
joint petition of the husband and wife, but in the event the child to be
adopted is legally the child by birth or adoption of one of the petitioners,
such petitioner shall unite in the petition for the purpose of indicating his
or her consent to the prayer thereof only. The petition shall contain a full
disclosure of the circumstances under which the child came to live, and is
living, in the home of the petitioner.

A single petition for adoption under the provisions of this section shall
be sufficient for the concurrent adoption by the same petitioners of two or
more children who have the same natural parent or parents; and nothing
in this section shall be construed as having heretofore required a separate
petition for each of such children.

§ 63.1-222. Adoption of certain persons twenty-one years of age or
over.—A petition may be filed by any natural person, resident of this State,
for the adoption of a stepchild twenty-one years of age or over to whom he
has stood in loco parentis for a period of at least one year, or for the adop-
tion of a niece or nephew over twenty-one years of age who has no living
parents and who has lived in the home of the petitioner for at least one
year, or for the adoption of any person twenty-one years of age or over
who resided in the home of the petitioner for a period of at least five years
prior to becoming twenty-one years of age. Proceedings in any such case
shall conform as near as may be to proceedings for the adoption of a minor
child under this chapter except that:

(1) No consent of either parent shall be required;

(2) The consent of the person to be adopted shall be required in all

cases;

(3) The investigations and visitations provided for in §§ 63.1-223 and
63.1-228 shall not be made unless the court in its discretion so
requires.

Any interlocutory or final order issued in any case under this section
shall have the same effect as other orders issued under this chapter; and in
any such case the word “child” in any other section of this chapter shall
be construed to refer to the person whose adoption is petitioned for under
this section.

§ 63.1-223. Preliminary investigations; report to court.—Upon the
filing of the petition, the court wherein the petition is filed, or the clerk
thereof upon order of the court, shall forthwith forward a copy of the peti-
tion to the Commissioner or, when the child was placed with the petitioners
by a child placing agency the court may in its discretion forward a copy
of the petition to the agency which placed the child, who or which shall
cause to be made a thorough investigation of the matter and report thereon
in writing to the court within ninety days after the copy of the petition is
forwarded. Whenever the Commissioner requests that such an investiga-
tion be conducted by a local superintendent or other welfare agency of a
county or city or the child placing agency which placed the child, it shall
be the duty of such person or agency to make the necessary investigation,
and to report thereon promptly to the Commissioner. The investigation
requested by the court shall include, in addition to any other inquiries
which the court may require the Commissioner or child placing agency to
make, inquiries as to (1) whether the petitioner is financially able, morally
suitable, and a proper person to care for and to train the child, (2) what
the physical and mental condition of the child is, (3) why the parents, if
living, desire to be relieved of the responsibility for the custody, care and
maintenance of the child, and what their attitude is toward the proposed
adoption, (4) whether the parents have abandoned the child or are morally
unfit to have custody over him, (5) the circumstances under which the
child came to live, and is living, in the home of the petitioner, and (6)
whether the child is a suitable child for adoption by the petitioner. Any
report made to the court shall include a recommendation as to the action to
be taken by the court on the petition.

§ 63.1-224. Copy of report to be furnished counsel.—A copy of the
report shall be furnished counsel of record for the parties if requested in
any pleading filed in the proceedings, setting out the name and address of
such counsel, and which copy shall be returned by such counsel as is re-
quired by § 63.1-236 for the return of the original report.

§ 63.1-225. Parental, etc., consent.—No petition for adoption shall
be granted, except as hereinafter provided in this section, unless there be
written consent to the proposed adoption filed with the petition. Such
consent shall be signed and acknowledged before an officer authorized by
law to take acknowledgments.

The consent of a parent for the adoption of his or her child shall not
be her ae unless the child be at least ten days old at the time the consent is
signed.

A parent who has not reached the age of twenty-one shall have legal
capacity to give consent to adoption and shall be as fully bound thereby as
if said parent had attained the age of twenty-one years.

Consent by the child shall be necessary if the child is fourteen years
of age or older, unless the court finds that the best interests of the child
will be served by not requiring such consent.

Consent shall be executed:

(1) By the parents or surviving parent of a child born in wedlock;
provided, however, if the parents are divorced and one has been divested
of custody by terms of the divorce and does not consent to the adoption the
petition may be granted without the consent of such parent; or

(2) By the mother of a child born out of wedlock. The consent of
the father of a child born to an unmarried woman shall not be required
unless such child becomes legitimate prior to the filing of the petition for
adoption; or

(3) By the child placing agency or the local board of public welfare
having custody of the child, with right to place him for adoption, through
court commitment or parental agreement as provided in § 63.1-56 or
§ 63.1-204 of the Code; or an agency outside the State which is licensed or
otherwise duly authorized to place children for adoption by virtue of the
laws under which it operates; or

(4) If after hearing evidence the court finds that the consent of any
person or agency whose consent is hereinabove required is withheld con-
trary to the best interests of the child, or if a valid consent is unobtainable,
the court may grant the petition without such consent.

If the child is not in the custody of a child placing agency and both
parents are deceased, the court, after hearing evidence to that effect, may
grant the petition without the filing of any consent.

§ 63.1-226. Entry of interlocutory order.—If, after considering the
report provided for by § 63.1-235 the court is satisfied that all of the
requirements of this chapter have been complied with, that the petitioner
is financially able to maintain adequately and is morally suitable and a
proper person to care for and train the child, that the child is suitable for
adoption by the petitioner, and that the best interests of the child will be
promoted by the adoption, it shall enter an interlocutory order of adoption
declaring that henceforth, subject to the probationary period hereinafter
provided for and to the provisions of the final order of adoption, the child
will be, to all intents and purposes, the child of the petitioner, and, if the
petition includes a prayer for a change of the child’s name and the court is
satisfied that such change is for the best interests of the child, that, upon
entry of final order, the name of the child shall be changed. An attested
copy of every interlocutory order of adoption shall be forwarded forthwith
by the clerk of the court in which it was entered to the Commissioner. In
the event an interlocutory order is entered in a case in which the child was
placed by a child placing agency and the report required in § 63.1-223 was
made to the court by the agency, the Commissioner shall notify the agency
of the entry of the interlocutory order and the agency shall send to the
Commissioner copies of all reports made by the agency under the provisions
of § 63.1-223.

If the court denies the petition for adoption and if it appears to the
court that the child is without proper care, custody or guardianship, the
court may, in its discretion, appoint a guardian for the child or commit the
child to a custodial agency as provided for in §§ 31-5 and 16.1-178,
respectively, of the Code.

§ 63.1-227. Revocation of interlocutory order.—The court may, by
order entered of record, revoke its interlocutory order of adoption at any
time prior to the entry of the final order, for good cause shown, on its own
motion, or on the motion of the natural parents of the child, or of the
petitioner, or of the child himself by his next friend, or of the child placing
agency, which placed the child with the petitioners or of the Commis-
sioner; but no such order of revocation shall be entered, except on motion
of the petitioner, unless the petitioner is given ten days’ notice of such
motion in writing and an opportunity to be heard or has removed from the
State. The clerk of the court shall forward an attested copy of every such
opaer a the Commissioner, and to the child placing agency which placed
the child.

When an interlocutory order has been entered and subsequently is
revoked, the court may proceed in the same manner as set forth in § 63.1-
226 to enter an order concerning the subsequent custody or guardianship
of the child.

§ 63.1-228. Visitations during probationary period and report.—
After the entry of an interlocutory order of adoption, the Commissioner
shall cause the child to be visited in the home of the petitioner, at least
three times within a period of six months, such visits whenever prac-
ticable, to be made within the six months’ period immediately following
the date of entry of the interlocutory order, by an agent of the Department
or of a local board or department of public welfare, or by an agent of a
child placing agency, or, if the petitioner has moved outside the State, by
a representative of a public welfare agency, or of any agency approved by
the public welfare authorities, of the state, territory or county into which
the petitioner has moved, provided, however, that there be not less than
ninety days between the first visit and the last visit. Whenever the Com-
missioner requests that such visitations be made by a local superintendent,
or other welfare agency of a county or city, it shall be the duty of such
person or agency to make the necessary visits and to report thereon
promptly the results of each such visit to the Commissioner. The Commis-
sioner shall make to the court a written report of his findings made pur-
suant to such visitations, within thirty days after receipt by the Commis-
sioner of the report covering the last visit made in compliance with this
section and shall furnish a copy of such report to counsel of record for the
parties if requested in any pleading filed in the proceedings, setting out the
name and address of such counsel, and which copy shall be returned by
such counsel as is required by § 63.1-236 for the return of the original
report.
§ 63.1-229. Omission of probationary period and _ interlocutory
order.—If the child is legally the child by birth or adoption of one of the
petitioners or if the child has been placed in the home of the petitioner by
a child placing agency and such agency certifies to the court that the child
has lived in the home of the petitioner continuously for a period of at least
six months next preceding the filing of the petition, and has been visited
by a representative of such agency at leust three times within such six
months’ period provided there be not less than ninety days between the
first visit and the last visit, or if the child has resided in the home of the
petitioner continuously for as much as five years immediately prior to the
filing of the petition for adoption, and is at least twelve years of age at the
time thereof, and if the court is of the opinion that the entry of an inter-
locutory order would otherwise be proper, the court, after receipt of the
report, as provided for in § 63.1-223, may omit the probationary period
provided for in the preceding section (§ 63.1-228) and the interlocutory
order, and enter a final order of adoption, and the court may, for good
cause shown, in cases of placement by a child placing agency, omit the
requirement of this section that the visitations be made in the six months
immediately preceding the filing of the petition, provided, however, that
such visits be made in some six-month period preceding such filing.

§ 63.1-230. Final order of adoption.—After the expiration of six
months from the date upon which the interlocutory order is entered, and
after considering the report of the Commissioner made pursuant to § 63.1-
228, if the court is satisfied that the best interests of the child will be
served thereby, the court shall enter the final order of adoption. An attested
copy of every final order of adoption including those in which the initial
referral by the court was made to the agency placing the child shall be
forwarded, by the clerk of the court in which it was entered, to the Com-
missioner and to the child placing agency which placed the child.

§ 63.1-231. Adoption by new spouse of natural parent or parent by
adoption.— When a natural parent or a parent by adoption of an infant
whose spouse has died, marries again and the surviving natural parent or
parent by adoption desires the new spouse to adopt the infant, on a peti-
tion filed by the surviving natural parent or parent by adoption and new
spouse for the adoption and change of name of the infant, the court may
proceed to order the proposed adoption or change of name without refer-
ring the matter to the Commissioner. If the court feels that there should
be some investigation before a final order of adoption is entered, it shall
thereupon refer the matter to the local superintendent of public welfare
for an investigation and report within such time as the court designates.

§ 63.1-232. When reference to Commissioner may be dispensed
with.—When the mother of an illegitimate infant marries, and the hus-
band of such mother desires to adopt such child, or where a natural parent
of an infant is divorced and has custody of such infant and marries again,
and the new spouse desires to adopt the infant, on a petition filed by the
natural parent and spouse for the adoption and change of name of the
infant, the court may proceed to order the proposed adoption and change
of name without referring the matter to the Commissioner, provided, how-
ever, that no such order of reference and investigation shall be dispensed
with unless such infant is of the age of sixteen years and has lived in the
home of the person desiring to adopt the infant for at least five years. If
the court feels that there should be some investigation before a final order
of adoption is entered, it shall refer the matter to the local superintendent of
public welfare for an investigation and report within such time as the court
designates.

§ 63.1-233. Legal effects of adoption.—The natural parents, and the
parents by previous adoption, if any, other than any such parent who is
the husband or wife of one of the petitioners, shall, by such final order of
adoption, be divested of all legal rights and obligations in respect to the
child, and the child shall be free from all legal obligations of obedience and
maintenance in respect to them. Any child adopted under the provisions
of this chapter shall, from and after the entry of the interlocutory order
or from and after the entry of the final order where no such interlocutory
order is entered, be, to all intents and purposes, the child of the person or
persons so adopting him, and, unless and until such interlocutory order or
final order is subsequently revoked, shall be entitled to all the rights and
privileges, and subject to all the obligations, of a child of such person or
persons born in lawful wedlock.

§ 63.1-234. Descent and distribution—For the purpose of descent
and distribution, a legally adopted child shall inherit, according to the
statutes of descent and distribution, from and through the parents by
adoption from the time of entry of an interlocutory order or the final order
if there is no interlocutory order and shall not inherit from the natural
parents, except that a child adopted by a stepparent shall inherit from the
natural parent or parents as well as from his parents by adoption. If an
adopted child shall die intestate, without issue surviving him, his property
shall pass, according to the statutes of descent and distribution, to those
persons who would have taken had the decedent been the natural child of
the adopting parents.

§ 63.1-235. Separate index of adoption cases; to whom available.—
The clerk of any court having jurisdiction in adoption cases is empowered,
with the approval of the judge of said court entered of record, to establish
and maintain a separate index of adoption cases which shall not be exposed
to public view but which shall be made available by such clerk to persons
and attorneys having an interest in the subject matter and to welfare
officials and court officials and to such other persons as the court shall
direct in specific cases.

§ 63.1-236. Disposition of reports.—Upon the entry of a final order
of adoption, or other final disposition of the matter, the clerk of the court in
which it was entered shall forthwith transmit to the Commissioner all
reports made in connection with the case, and the Commissioner shall pre-
serve such reports in a separate file which shall not be open to inspection,
or be copied, by any one other than the adopted child, if twenty-one years
of age, and the adoptive parents, except upon the order of a court of record
entered upon good cause shown.

§ 63.1-237. Final order not subject to attack after six months.—
After the expiration of six months from the date of entry of any final order
of adoption from which no appeal has been awarded, the validity thereof
shall not be subject to attack in any proceedings, collateral or direct, and
such order shall be final for all purposes.

§ 63.1-238. Powers and duties of judges in vacation.—All powers,
duties and authority conferred upon the court by the provisions of this
chapter, may also be exercised by the judge of the court in vacation.

CHAPTER 12.
CARE OF DELINQUENT CHILDREN
COMMITTED TO THE STATE BOARD.

§ 63.1-239. Authority of State Board as to children committed to
it—The State Board is hereby authorized and empowered to receive chil-
dren committed to it by the courts of the State pursuant to § 16.1-178 of
the Code of Virginia and is authorized to establish one or more receiving
homes for the care, supervision and study of children thus committed to it,
or to make arrangements with satisfactory persons, institutions, or agen-
cies, or with cities or counties maintaining places of detention for children,
for the temporary care of such children as may be committed to the Board.

§ 63.1-240. Allowance for maintenance of children placed by
State.—For the maintenance of each child received by the State Board
under § 63.1-239 and placed by it in a private home, there shall be paid by
the State out of the appropriation for criminal expenses a per diem allow-
ance not to exceed three dollars and twenty-five cents for each child. For
the maintenance of each such child placed by the State Board in an institu-
tion other than one operated by the State of Virginia, there shall be paid
out of such appropriation a monthly amount not in excess of the monthly
cost of maintaining a ward in the training schools operated by the Depart-
ment of Welfare and Institutions. ;

§ 63.1-241. Schedules of per diem cost per child of maintenance in
detention homes; reimbursements of cities and counties.—The State Board
shall prepare and adopt, and from time to time revise, schedules setting
forth the per diem cost per child, to each locality maintaining a detention
home, of maintaining children in the various detention homes throughout
the State. In accordance with the schedule the State Board shall, in addi-
tion to all other reimbursements on account of such detention homes,
reimburse each city or county of the State for the cost of maintaining 1n
such homes any children committed to the State Board. Such reimburse-
ments shall be paid in monthly installments by the State Treasurer out of
funds appropriated in the general appropriations act for criminal costs on
warrants of the Comptroller, issued upon vouchers approved and signed by
the Director, or by such person as may be designated by the Director.

§ 63.1-242. Acceptance and expenditure of certain funds for chil-
dren committed to Board.—The State Board is hereby authorized to accept
and expend for the benefit of any child committed to it, or for reimburse-
ment purposes, any funds made available from any source, solely for the
current maintenance and support of any such child, whether such funds be
provided by the child’s parents, or other person, or by the Veterans Admin-
istration, the Railroad Retirement Act, the old age and survivor’s insur-
ance provisions of the Federal Social Security Act, as amended, or from
any other source, but in no event shall the sums so accepted exceed an
amount in excess of the cost to the State Board of supporting said child.

§ 63.1-243. Examination and placing of such children.—The State
Board is further authorized to make a careful physical and mental exami-
nation of every child mentioned in § 63.1-239, to investigate in detail the
personal and family history of the child and its environment, and to place
such children at such facilities as are available and deemed by the Board
to be for the best interest of the child and the State. Any such children
committed to the State Board and afterwards found to be eligible for
commitment by proper proceedings to any State institution shall take
precedence as to admission over all others and shall in all cases be received
into the State institution within forty-five days.

§ 63.1-244. Psychiatric clinic.—To assist in the performance of the
duties imposed by § 63.1-243, the State Board shall maintain in the Depart-
ment of Welfare and Institutions a psychiatric clinic and shall employ as
director thereof a clinically competent person, and shall also employ such
other medical, technical and clinical personnel skilled in the diagnosis
and treatment of physical and mental diseases of children as may be desir-
able for the operation of such clinic. The personnel of the clinic, when
visiting the various institutions maintained by the Department for the
care of children committed to the State Board pursuant to § 16.1-178 shall
conduct a thorough examination of each child at such institutions not
theretofore examined by the clinic, and other children at the institutions
for whom such examination is indicated, for the purpose of determining,
diagnosing and treating physical and mental ailments or impairments with
a view to improving the general health of such children and hastening
their rehabilitation.

63.1-245. Institutions for the care of children operated by the

State Board.—The Bon Air School for Girls, the Janie Porter Barrett

School for Girls, the Beaumont School for Boys, and the Hanover School

for Boys and such other juvenile institutions as may be established shall

be operated by the State Board for the care of delinquent children com-
mitted to it by the courts pursuant to § 16.1-178.

§ 63.1-246. Halfway houses for certain juveniles.—The State Board
is authorized to establish and maintain such a system of halfway houses
as the Board may from time to time acquire, construct or rent for the
temporary care of older juveniles ready for release from direct State
care, but who have no suitable homes to which they may be returned,
pending development of more permanent placement plans consisting of
adequate housing and suitable employment for such juveniles. The Board
is further authorized to employ necessary staff personnel for such facili-
ties and to adopt such rules and regulations for the operation of such facili-
ties, not inconsistent with the general laws of this State, as it may deem
appropriate.

§ 63.1-247. Superintendents and agents of schools to have powers
of sheriff.—The Superintendents of the schools mentioned in § 63.1-245
and any other institutions established by the State Board to receive chil-
dren committed to the State Board pursuant to § 16.1-178 and their au-
thorized agents shall have the powers of a sheriff for the purpose of pre-
serving order at their institutions and for the conveyance of wards to
and from such institutions.

§ 63.1-248. Allowance for work done by wards of State training
schools and wards of State in foster homes.—The Director may allow
every ward of the Bon Air School for Girls, the Janie Porter Barrett School
for Girls, the Beaumont School for Boys and the Hanover School for Boys
and any other institution established by the State Board to receive chil-
dren committed to the State Board pursuant to § 16.1-178 five cents a day
for each day of work satisfactory to the superintendent of the institution
in which such ward is placed. A similar allowance may be made by the
Director to other wards of the State who are placed in foster homes by the
Department in lieu of their being assigned to State training schools. The
allowance so made may be drawn upon by the ward for such purposes as
may be authorized by the regulations of the Board.

8. That Chapter 15 of Title 32 and §§ 32-291 to 32-296, inclusive, of
the Code of Virginia are repealed.

4. That the Code of Virginia be amended further by adding in Chap. 8
of Title 16.1 thereof a new article numbered 7 and new sections numbered
16.1-217.1 to 16.1-217.4, inclusive, which new article and sections are as

follows:
ARTICLE 7.

Abuse or Neglect of Children

§ 16.1-217.1. Any person licensed to practice medicine or any of the
healing arts, any hospital resident or intern, any registered nurse, visiting
nurse, public school nurse, receiving in his or her professional or official
capacity, information that a child under the age of sixteen years has
suffered serious bodily injury or injuries inflicted upon him or her, or
who has suffered harm by reason of neglect or sexual abuse, and having
reason to believe that such are, or may be, the result of abuse or neglect,
shall report the matter immediately to the juvenile and domestic relations
court of the county or city in which the child resides, or in which the injury
is believed to have occurred or to the sheriff or chief of police of such county
or city, provided that if the information is received by a staff member,
resident, intern, or nurse in the course of professional services in a hospital
or similar institution, such person shall immediately notify the manager,
director, or other person in charge of the institution or department, who
shall make such report forthwith; provided, however, that a child who is
being furnished Christian Science treatment by a duly accredited Christian
Science practitioner shall not be considered, for that reason alone, a physi-
cally neglected child for the purposes of this section. If the report is not
made in writing in the first instance, it shall be reduced to writing by the
maker thereof as soon as possible after it is initially made and shall con-
tain the names and addresses of the child, his or her parents or other

persons responsible for his or her care, if known, the child’s age, the
nature and extent of the child’s injuries or condition (including any evi-
dence of previous injuries), and any other information the maker of the
report believes to be helpful in establishing the cause of the injuries, abuse
or neglect and the identity of the person or persons responsible therefor.
Such report or a duplicate thereof shall be mailed to the Bureau of Vital
Statistics by the juvenile and domestic relations court, which Bureau shall
keep a record of each such child until he or she has attained the age of
sixteen years. Such records of the Bureau shall be made available for
Inspection by any State or local governmental agency upon request there-
or.

§ 16.1-217.2. After the report is received by the sheriff or chief of
police, he shall cause an investigation to be made to determine the nature
and extent of such injuries or abuse, and the person or persons responsible
therefor, and shall take such action as he determines necessary for the
immediate care and protection of the child. In addition, he shall file a
report of his findings and action to the appropriate juvenile and domestic
relations court.

§ 16.1-217.3. Any person participating in the making of a report
pursuant to this chapter or participating in a judicial proceeding resulting
therefrom shall be immune from any civil liability in connection therewith,
unless it is proved that such person acted in bad faith or with malicious
intent.

§ 16.1-217.4. In any legal proceeding resulting from the filing of any
report filed pursuant to this chapter, the physician-patient and husband-
wife privilege shall not apply to exclude the admission of such report into
evidence.

5. All acts and parts of acts inconsistent with the provisions of this act
are repealed to the extent of such inconsistency.

6. The repeal of Title 63 effective as of October one, nineteen hundred
sixty-eight, shall not affect any act or offense done or committed, or any
penalty or forfeiture incurred, or any right established, accrued or accruing
on or before such date, or any prosecution, suit or action pending on that
date. Except as in this act otherwise provided, neither the repeal of Title 63
of the Code of Virginia nor the enactment of Title 63.1 shall apply to offenses
committed prior to October one, nineteen hundred sixty-eight, and prosecu-
tions for such offenses shall be governed by the prior law, which is con-
tinued in effect for that purpose. For the purposes of this act, an offense
was committed prior to October one, nineteen hundred sixty-eight, if any of
the essential elements of the offense occurred prior thereto.

7. Whenever in Title 63.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 63, as such title existed
prior to October one, nineteen hundred sixty-eight, are transferred in the
same or in modified form to a new section, article or chapter of Title 63.1,
and whenever any such former section, article or chapter of Title 63 is given
a new number in Title 63.1, all references to any such former section, article
or chapter of Title 63 appearing elsewhere in the Code of Virginia than in
Title 63.1 shall be construed to apply to the new or renumbered section,
article or chapter containing such conditions, requirements, provisions or
contents or portions thereof.

8. Itis the intention of the General Assembly that this act shall be liberally
construed to effect the purposes set out herein, and if any clause, sentence,
paragraph or section of this act shall ever be declared unconstitutional, it
shall be deemed severable, and the remainder of this act shall continue in
full force and effect.

9. This act shall become effective on October one, nineteen hundred sixty-
eight.