CHAPTER 668

An Act to amend and reenact §§ 68-88, 68-185, 68-186, 68-141, 63-157,
68-158, 68-199, and 68-200, as severally amended, of the Code of
Virginia, relating to powers and duties of local superintendents of
public welfare; the provision of certain welfare assistance and social
services by localities and the duties of commissioner to provide such
assistance and services if the locality fails or refuses to do so; and
eligibility for aid to dependent children.

fH 408]

Approved April 5. 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 68-88, 63-135, 63-136, 63-141, 63-157, 63-158, 68-199 and
63-200, as severally amended, of the Code of Virginia be amended and
reenacted as follows:

§ 63-88. Care and supervision of poor.—The local superintendent
shall have the care and supervision of the poor, the aged and the infirm. *

§ 63-135. 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 assistance in such county or city
in accordance with the provisions of this chapter, the State Board shall
through appropriate proceedings require such authorities and officers to
exercise the powers conferred and perform the duties imposed by this
chapter and by the State Board pursuant thereto. Any county or city may
provide such other necessary or incidental social or rehabilitative services
as may be authorized by the State Board in connection therewith.

§ 63-136. Payments by Commissioner in such cases; deductions by
Comptroller.—For so long as such failure or refusal 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
in such county or city out of funds appropriated for the purpose of carry-
ing out the provisions of this chapter. In such event the Commissioner
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 appropriated 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 pro-
visions of this section. All such funds so deducted and transferred are
hereby appropriated for the purposes set forth in § 63-109 and the first
paragraph of § 63-110 and shall be expended and disbursed as provided
in § 63-111. Any county or city may provide such other necessary or
incidental social or rehabilitative services as may be authorized by the
State Board in connection therewith.
§ 63-141. Eligibility for aid——A dependent child shall be eligible for
aid to dependent children if such child:

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

(b) Has resided in this State for one year immediately preceding the
application for such aid, or was born within one year immediately preced-
ing the application, if the parent or other relative with whom the child is
living has resided within this State for one year immediately preceding
such birth;

(c) Is deprived of parental support or care by reason of the death,
solani ian absence from home, or physical or mental incapacity of a
parent;

(d) Is living with his father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or
aunt in a place of residence maintained by one or more of such relatives
as his or their own home; provided that in the event the Federal Social
Security Act or other appropriate federal statutes are so amended as to
permit funds appropriated by Congress to be used for aid to dependent
children living elsewhere than in such residence or home, then living in
such residence or home shall not be necessary to qualify such child for
aid; and

(e) Is needy and in need of public assistance.

Notwithstanding the provisions of subparagraph (c) above, the State
Board may determine, by rule and regulation, the conditions under which
a child who is deprived of adequate support by reason of the unemployment
of one or both of his parents shall be eligible for aid and assistance under
this chapter if all other eligibility requirements have been met. The welfare
of the child shall be the paramount consideration and the presence of an
unemployed parent in the home shall not in and of itself deprive such
child of necessary aid and assistance under this Chapter.

§ 63-157. 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 aid to dependent children in such
county or city in accordance with provisions of this chapter, the State
Board shall through appropriate proceedings require such authorities and
officers to exercise the powers conferred and perform the duties imposed
by this chapter and by the State Board pursuant thereto. Any county or
city may provide such other necessary or incidental social or rehabilitative
services as may be authorized by the State Board in connection therewith.

§ 63-158. Payments by Commissioner in such cases; deductions by
Comptroller.—For so long as such failure or refusal 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 aid to de-
pendent children in such county or city out of funds appropriated for the
purpose of carrying out the provisions of this chapter. In such event the
Commissioner shall at the end of each month file with the State Comptrol-
ler and with the board of supervisors, council or other governing body of
such county or city a statement showing all disbursements and expendi-
tures 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
appropriated 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 in § 63-109 and
the first paragraph of § 63-110 and shall be expended and disbursed as
provided in § 63-111. Any county or city may provide such other necessary
or incidental social or rehabilitative services as may be authorized by the
State Board in connection therewith.

§ 63-199. Commission 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 aid to the blind in such county or
city in accordance with the provisions of this law, the Commission shall
through appropriate proceedings require such authorities and officers to
exercise the powers conferred and perform the duties imposed by this law
and by the Commission pursuant thereto.

Any county or city may provide such other necessary or incidental
social or rehabilitative services as may be authorized by the State Board
in connection therewith.

63-200. Payments by secretary in such cases; deductions by Comp-
troller. For so long as such failure or refusal shall continue the Com-
mission shall authorize and direct the secretary, under rules and regula-
tions of the Commission, to provide for the payment of aid to the blind
in such county or city out of funds appropriated for the purpose of carry-
ing out the provisions of this chapter. In such event the secretary 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 appropriated 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 pro-
visions of this section. All such funds so deducted and transferred are
hereby appropriated for the purpose set forth in subsection (a) of § 63-108
and shall be expended and disbursed as provided in § 68-108. Any county
or city may provide such other necessary or incidental social or rehabilita-
tive services as may be authorized by the State Board in connection there-
with.