Virginia Elder Rights Coaltion | Abuse and Adult Protective Services

Abuse / Adult Protective Services

VIRGINIA DEPARTMENT OF SOCIAL SERVICES ADULT SERVICES CODE CITATIONS

To access sections of the Code of Virginia, go to:

http://leg1.state.va.us/000/src.htm

Screen will read “Legislative Information System.” Move down to “Searchable Databases” and click on “Search: Code of Virginia. . . statutory law.” Next screen will read “The Code of Virginia.” Put your cursor in the blank box under “Enter your search phrase and press submit” and type in the Code section or key words for which you are searching (e.g., 63.1-55.1). Click on “submit.” Code sections in which this reference is found will appear in blue. Click on the citations you want, and it should appear. You can now print the section.

The following is a summary of Code citations relevant to Adult Services.

	GENERAL
54.1-3700	Social work definitions.
63.1-26	Establishment of entrance and performance standards for social workers.
2.1-340	Virginia Freedom of Information Act.
2.1-377	Privacy Protection Act.

	ADULT SERVICES
63.1-25.1	Auxiliary Grants (AG) and adult care residence (ACR) placement.
63.1-55.01	Homemaker, companion, or chore services.
63.1-55.1:1	Authority to provide adult foster home services.
63.1-173.3	Uniform Assessment Instrument (UAI).
63.1-331 et seq.	Virginia Caregivers Grant Program.
32.1-330	Preadmission screening required.
37.1-98	Discharge, conditional release, and convalescent status of patients.
37.1-197	Community services board; powers and duties.
37.1-197.1	Prescription team; prescreening; pre-discharge planning.

	ADULT PROTECTIVE SERVICES
63.1-55.02	Establishment of Adult Protective Services Unit; duties.
63.1-55.1	Protective services for aged and infirm persons.
63.1-55.2	Protection of aged or incapacitated adults; definitions.
63.1-55.3	Protection of aged or incapacitated adults; physicians, nurses, etc. to report abuse, neglect, or exploitation of adults; complaint by others; penalty for failure to report.
63.1-55.4	Duties of director upon receiving APS report; confidentiality.
63.1-55.5	Involuntary protective services.
63.1-55.6	Emergency order for protective services.
63.1-55.7	Voluntary protective services.
18.2-67.10	Definition of “sexual abuse” used in 63.1-55.3.
18.2-369	Abuse and neglect of incapacitated adults; penalty.
16.1-253.4	Emergency protective orders.

	NURSING HOMES & ADULT CARE RESIDENCES
32.1-126.01	Nursing home and criminal records checks.
32.1-127	Regulations (requires APS reporting training for NF staff)
32.1-127.1	Patient Health Records Privacy (release to APS).
32.1-138	Rights and responsibilities of residents in a nursing home.
32.1-138.1	Implementation of transfer and discharge policies (NHs).
32.1-138.2	Certain contracts and provisions prohibited. (Medicare & Medicaid requirements).
32.1-138.3	Third-party guarantor prohibition.
32.1-138.4	Retaliation or discrimination against complainants (NHs).
32.1-138.5	Confidentiality of complainant’s identity (NHs).
63.1-172	Definitions (changes “ACR” to “ALF” or “assisted living facility.”
63.1-174	Regulations (requires disclosure of staffing, services provided, and hours).
63.1-174.001	Admissions and discharges (requires APS reporting training to staff).
63.1-175	Assisted living facility Licensing requirements.
63.1-177	Inspections and interviews (requires access to CSB’s).
63.1-177.1	Retaliation or discrimination against complainants (ACRs).
63.1-177.2	Confidentiality of complainant’s identity (ACRs).
63.1-182.1	Rights and responsibilities of residents of ACRs.

	HEALTH CARE DECISIONS
54.1-2981	Short title.
54.1-2982	Definitions.
54.1-2983	Procedure for making advance directive; notice to physician.
54.1-2984	Suggested form of written advance directive.
54.1-2985	Revocation of an advance directive.
54.1-2986	Procedure in absence of an advance directive; no presumption; persons who may authorize treatment for patients incapable of informed decisions; applicability restricted to nonprotesting patients.
54.1-2987	Transfer of patient by physician who refuses to comply with advance directive or treatment decision.
54.1-2987.1	Authorization to follow Emergency Medical Services Do Not Resuscitate Orders.
54.1-2988	Immunity from liability; burden of proof; presumption.
54.1-2989	Willful destruction, concealment, etc., of declaration or revocation; penalties.
54.1-2990	Medically unnecessary treatment not required; mercy killing or euthanasia prohibited.
54.1-2991	Effect of declaration; suicide; insurance; declarations executed prior to effective date.
54.1-2992	Preservation of existing rights.
54.1-2993	Reciprocity.

	POWER OF ATTORNEY
11-9.1	Power of attorney not terminated by principal’s disability.
11-9.2	Powers of attorney not revoked, prior to their termination date, until actual notice of death or disability.
11-9.4	Contingent powers of attorney.
11-9.6	Certain duties of attorneys-in-fact and agents empowered to act.

	INVOLUNTARY DETENTION/ADMISSION
37.1-65	Voluntary admission.
37.1-67.01	Emergency custody.
37.1-67.1	Involuntary temporary detention.
37.1-67.3	Involuntary admission and treatment.
37.1-84.1	Rights and responsibilities of patients and residents in MHMRSAS facilities.
37.1-147	Department to be notified in certain cases (fiduciary for persons in state hospital).
54.1-2970	Medical treatment for certain persons incompetent to give informed consent.

	GUARDIANSHIP & CONSERVATORSHIP
37.1-134.6	Definitions.
37.1-134.7	Filing of petition; jurisdiction; fees.
37.1-134.8	Who may file petition.
37.1-134.9	Appointment of guardian ad item.
37.1-134.10	Notice of hearing; jurisdictional.
37.1-134.11	Evaluation report.
37.1-134.12	Counsel for respondent.
37.1-134.13	Hearing on petition to appoint.
37.1-134.13:1	Fees and costs.
37.1-134.14	Court order of appointment; limited guardianships and conservators
37.1-134.14:1	Eligibility for public guardians and conservators.
37.1-134.15	Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate.
37.1-134.16	Petition for restoration, modification, or termination.
37.1-134.17	Standby guardianship or conservator for incapacitated persons.
37.1-134.18	Clerk to index findings of incapacity or restoration.
37.1-134.19	When no guardian or conservator appointed within one month of adjudication.
37.1-134.20	Trustees for incapacitated ex-service persons and their beneficiaries.
37.1-134.21	Judicial authority of treatment and detention of certain persons.
37.1-134.22	Discovery of information and records requiring actions of certain agents and attorneys-in-fact.
37.1-136	Taking bond by clerk of court.
37.1-137	Effect of refusal to give bond or accept trust.
19.2-159	Determination of indigency; guidelines; statement of indigence; appointment of counsel.
19.2-159.1	Interrogation by court.
19.2-160	Appointment of counsel; waiver of rights.
19.2-161	Penalty for false swearing with regard to statement of indigence.
19.2-163	Compensation of court-appointed counsel.

	POWERS & DUTIES OF GUARDIANS / CONSERVATORS
37.1-137.1	Duties and powers of guardian.
37.1-137.2	Annual reports by guardians.
37.1-137.3	General duties and liabilities of conservator.
37.1-137.4	Management powers and duties of conservator.
37.1-137.5	Estate planning.
37.1-139	Taking possession of ward’s estate and suits relative thereto; retaining for his own debt.
37.1-141	Fiduciary to prosecute and defend.
37.1-143	Payments from Veterans’ Administration.
37.1-144	Surrender of ward’s estate.
37.1-146	Same; not limited by article relating to expenses.
26-12	Inventories filed.
26-12.1	Forms.
26-12.2	When not required.
26-12.3	Waiver of inventories.
26-13*	Enforcing filing.
26-17.4	Guardians, curators, committees, and trustees under 37.1-134 and receivers under 55-44 (Reporting to the Commissioner of Accounts).
26-17.5	Personal reports.
26-17.10	Miscellaneous (other reporting requirements such as SSA, SSI, VA).
26-18	Failure to make settlement; enforcement.
26-20	Exhibition of accounts.
26-59	Nonresident fiduciary.

	VIRGINIA PUBLIC GUARDIAN AND CONSERVATOR PROGRAM
2.1-373.10	Policy statement.
2.1-373.11	Definitions.
2.1-373.12	Powers and duties of the Department (Aging).
2.1-373.13	Public Guardian and Conservator Advisory Board created; duties; membership; terms.
2.1-373.14	Minimum requirements for local programs; authority.
2.1-373.15	Definitions

	DOMESTIC VIOLENCE PREVENTION SERVICES
16.1-241	Juvenile and domestic relations.
16.1-243	Venue.
16.1-253	Preliminary protective order.
16.1-253.1	Preliminary protective order in cases of family abuse.
16.1-253.2	Violation of provisions of protective order.
16.1-253.4	Emergency protective order authorized in certain cases.
16.1-279.1	Protective order in cases of family abuse.
18.2-57.2	Assault and battery against family or household member.
18.2-60	Threats of death or bodily harm.
18.2-60.3	Stalking; penalty.
18.2-61	Criminal sexual assault - rape.
18.2-67.2	Marital sexual assault.
18.2-67.3	Aggravated sexual battery.
18.2-67.4	Sexual battery.
18.2-67.10	General definitions.
18.2-95	Grand larceny defined.
19.2-81	Arrest without a warrant authorized in certain cases.
19.2-81.3	Arrest without a warrant authorized in cases of assault and battery against a family or household member.

	MEDICAID FRAUD
32.1-310	Declaration of purpose; authority to audit records.
32.1-311	Fraudulently obtaining excess or attempting to obtain excess benefits or payments.
32.1-317	Collecting excess payment for services; charging, soliciting, accepting, or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty.
32.1-318	Knowing failure to deposit, transfer or maintain patient trust funds in separate account; penalty.
32.1-320	Duties of Attorney General; medical services providers audit and investigation unit.
32.1-321	Prosecution of cases.

	OTHER
2.1-1.4	State Offices (Inspector General for DMHMRSAS).
2.1-42	Officers of Commonwealth and its institutions to make reports to the Governor.
2.1-44	Required appearances by officers.
2.1-49	Suits, actions, etc. by Governor.
2.1-371- 373.8	Powers and duties of the Department for the Aging.
2.1-373.15- 373.18	Establishes Respite Care Program.
2.1-373.02. 1.1.1.1.1	Commonwealth Council on Aging.
2.1-375	Powers and duties of the Commonwealth Council on Aging.
6.1-70	Payment of balance of deceased person or person under disability to personal representative, committee, etc.
6.1-71	Payment of small balance to distributees or other persons.
15.1-486.3	Group homes of eight or fewer; single-family homes.
15.2-901	Locality may provide for removal or disposal of trash, cutting grass.
18.2-388.1.1. 1.1.1.1	Habitual public inebriate offender.
37.1-42.2	Employment and qualifications of directors of state facilities.
64.1-136.1	Funeral expenses.

REMEMBER, ALL STATUTES WITH COMPLETE TEXT CAN BE FOUND AT THE GENERAL ASSEMBLY WEB SITE:
http://leg1.state.va.us/000/src.htm

This information has been provided by Terry Smith, Manager, Adult Services Program, Virginia Department of Social Services.

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