Va. Code Ann. tit. 63.2, ch. 3

in effect

Va. Code Ann. § 63.2-300 Local boards established by local governments

There shall be a local board in each county and city of the Commonwealth. However, any combination of counties and cities may establish one local board for those jurisdictions as hereinafter provided in this article. Code 1950, § 63-51; 1952, c. 409; 1956, c. 126; 1968, cc. 578, 584, § 63.1-38; 2002, c. 747 .

Va. Code Ann. § 63.2-301 Local board appointments and terms of office

The members of each local board first appointed shall be appointed initially for terms of from one to four years so as to provide for the balanced overlapping of the terms of the membership thereon and the members of a local board representing more than one county or city shall be appointed initially for such terms, of not less than one nor more than four years, as may be determined by the governing bodies of their respective counties or cities. Subsequent appointments shall be for a term of four years each, except that appointments to fill vacancies that occur during terms shall be for the remainder of those unexpired terms. Appointments to fill unexpired terms shall not be considered full terms, and such persons shall be eligible to be appointed to three consecutive full terms. No person may serve more than three consecutive full terms; however, this section shall not apply to a member of a local board who is also a member of the board of supervisors for a county represented by the board, who shall serve at the pleasure of the board of supervisors of which he is a member or until such time as he ceases to be a member of the board of supervisors, or in cases in which a local government official is constituted to be the local board. A member of a local board who serves three consecutive full terms shall be ineligible for reappointment to such local board until the end of an intervening two-year period dating from the expiration of the last of the three consecutive terms. Code 1950, § 63-56; 1952, c. 409; 1956, c. 126; 1968, cc. 467, 578, § 63.1-39; 1974, c. 120; 1975, c. 300; 1980, c. 377; 2002, c. 747 ; 2005, c. 16 ; 2014, cc. 95 , 121 ; 2026, c. 663 .

Va. Code Ann. § 63.2-302 How local board for a single county is constituted

The local board serving a single county shall be, at the discretion of the governing body of the county, either a local government official or a local board consisting of residents of the county who are, except as provided in § 63.2-303 , appointed by the governing body of the county. If residents of the county constitute the local board, such board shall consist of three or more members. The governing body shall appoint a member of the board of supervisors to be one member of the local board, except in those cases where the board of supervisors has determined otherwise. When a member of the board of supervisors who was appointed as a member of the local board 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 shall be appointed to fill such vacancy. If a local government official constitutes the local board, he may designate a senior staff person in the local department to act in his behalf, in his absence, to approve, cancel or change grants made under the provisions of this title. Code 1950, §§ 63-52, 63-54, 63-56; 1952, c. 409; 1956, c. 126; 1966, c. 258; 1968, cc. 467, 578, § 63.1-40; 1970, c. 465; 1972, cc. 147, 714; 1984, c. 586; 2002, c. 747 .

Va. Code Ann. § 63.2-303 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. Code 1950, § 63-60; 1968, c. 578, § 63.1-41; 1970, cc. 465, 467; 1981, c. 90; 2002, c. 747 .

Va. Code Ann. § 63.2-304 How local board of a city is constituted

The local board serving a single city shall be, at the discretion of the city council, either a local government official or a local board consisting of five members appointed by the city council of such city in accordance with the provisions of § 63.2-301 . The city council may appoint one of its members to the local board. When a member of the city council who was appointed as a member of the local board ceases to be a member of the city council, his office as a member of the local board shall also be vacated and another member of the city council may be appointed to fill the vacancy. If a local government official constitutes the local board, he may designate a senior staff person in the local department to act in his behalf, in his absence, with respect to approving, cancelling or changing grants made under the provisions of this title. Code 1950, § 63-53.1; 1952, c. 409; 1956, c. 126; 1958, c. 195; 1968, c. 578, § 63.1-43; 1977, c. 36; 2002, c. 747 ; 2006, cc. 84 , 158 .

Va. Code Ann. § 63.2-305 Advisory boards

A. If the governing body of a city or county or the governing bodies of any combination of cities and counties participating in a district designate, under the provisions of §§ 63.2-302 , 63.2-304 or § 63.2-307 , a local government official as constituting the local board, such governing body or bodies shall appoint a board to serve in an advisory capacity to such local government official with respect to the duties and functions imposed upon him by this title. Each such advisory board shall consist of no fewer than five and no more than thirteen members. In the case of an advisory board established for a district, there shall be at least one member on the board from each county and city in the district. The members shall be appointed initially for terms of from one to four years so as to provide for the balanced overlapping of the terms of the membership thereon. Subsequent appointments shall be for a term of four years each, except that appointments to fill vacancies that occur during terms shall be for the remainder of these unexpired terms. Appointments to fill unexpired terms shall not be considered full terms, and such persons shall be eligible to be appointed to two consecutive full terms. No person shall serve more than two consecutive full terms. The local government official shall be an ex officio member, without vote, of the advisory board. The advisory board shall elect its own chairman and shall meet at least bimonthly. In addition to regularly scheduled meetings, it may meet at the call of the chairman or on the petition of at least one-half of the members. B. The powers and duties of the advisory board shall be: 1. To interest itself in all matters pertaining to the public assistance and social services needed by people of the political subdivision or subdivisions served by the local department; 2. To monitor the formulation and implementation of public assistance and social services programs by the local department; 3. To meet with the local government official who constitutes the local board at least four times a year for the purpose of making recommendations on policy matters concerning the local department; 4. To make an annual report to the governing body or bodies, concurrent with the budget presentation of the local department, concerning the administration of the public assistance and social services programs; and 5. To submit to the governing body or bodies, from time to time, other reports that the advisory board deems appropriate. 1977, c. 36, § 63.1-43.1; 1981, c. 264; 1984, c. 586; 1989, c. 356; 2002, c. 747 .

Va. Code Ann. § 63.2-306 Local boards established by two or more political subdivisions

The provisions of §§ 63.2-302 and 63.2-304 notwithstanding, the Board, with the prior consent of the Governor, may establish districts consisting of two or more counties or cities or combinations of cities and counties. Except as provided in § 63.2-307 , there shall be one district board of not less than three nor more than nine members for each such district. There shall be at least one member of the district board from each county and city in the district. Additional representation from one or more counties or cities within the stipulated maximum may be determined by the Board, with population being the principal factor in such determination. Appointments to the district board shall be made by the governing body of each county and city in the district, upon certification of the establishment of such district by the Board. The Board shall designate the initial term of each district board member to be not less than one nor more than four years in duration, so as to provide for a balanced overlapping of terms. Subsequent appointments shall be for terms of four years each, except appointments to fill a vacancy, which shall be for the unexpired term. Appointments to fill unexpired terms shall not be considered full terms, and such persons shall be eligible to be appointed to two consecutive full terms. No member shall serve for more than two consecutive full terms. A member who serves two consecutive full terms shall be ineligible for reappointment to the district board until the end of an intervening one-year period dating from the expiration of the last of the two consecutive terms. Before requesting the Governor's approval for establishment of any such district, the Board shall consult with the governing body of each county or city that would be included in the district. No county or city shall be included in any such district served by one board unless the local governing body so elects. The district board of any district consisting of two or more counties or cities or combinations of counties and cities shall be considered to be a local board. Administrative costs of a district board shall be borne by the participating local governments on the basis of population and case load with equal weight being given to each factor or in such manner as the respective governing bodies provide by agreement. In cases in which a district board includes a county, a member of the board of supervisors of such county may be a member of the local board. In cases in which a district board includes a city, a member of the council of such city may be a member of the local board, notwithstanding any provision of the charter of any city in force on March 4, 1971. Code 1950, § 63-51; 1952, c. 409; 1956, c. 126; 1968, cc. 578, 584, § 63.1-44; 1970, c. 465; 1971, Ex. Sess., c. 138; 1973, c. 201; 1980, cc. 377, 383; 1989, c. 356; 1992, c. 169; 1996, c. 481 ; 2002, c. 747 .

Va. Code Ann. § 63.2-306.1 Withdrawal from district boards of social services

A. The governing body of any county or city that has combined with one or more other counties or cities to establish a district board pursuant to § 63.2-306 may withdraw from such district board and establish a local board in accordance with a transition plan approved by the Board. B. The governing body of a county or city that wishes to withdraw from a district board shall adopt a resolution stating the local governing body's intent to withdraw from the district board and setting forth the terms and conditions of a transition plan for the withdrawal from the district board and establishment of a local board by the local governing body. Such resolution shall be communicated to the Board and all other counties and cities participating in the district board. C. The transition plan required pursuant to subsection B shall include provisions related to: 1. Establishment of a local board, including appointment of members to such local board; 2. Withdrawal from the district board, including payment of any outstanding obligations by the local governing body to the district board and transfer of any property or funds from the district board to the local board; 3. Transfer of financial and administrative powers and duties from the district board to the local board; 4. Continued provision of social services in accordance with laws of the Commonwealth and regulations of the Board; and 5. Any other matters necessary to accomplish the withdrawal of the local governing body from the district board. The transition plan shall also include a timeline for establishment of the local board and withdrawal of the local governing body from the district board and shall state whether the local governing body intends to withdraw from any single department of social services established by the local governing bodies of the counties or cities participating in the district board. D. Whenever the Board fails or refuses to approve the terms and conditions of a transition plan submitted pursuant to subsection B, the county or city seeking to withdraw from a district board may petition the circuit court of the county or city for approval of the transition plan. The Board, the district board, and the counties and cities participating in the district board shall be named as parties in such action. The circuit court may approve a transition plan for the withdrawal of a county or city from a district board and establishment of a local board subject to such transition plan with such terms and conditions that the court may deem appropriate. 2014, c. 119 .

Va. Code Ann. § 63.2-307 Local boards serving certain districts

Notwithstanding the provisions of § 63.2-306 : 1. The local board for the York County and City of Poquoson district may be, at the discretion of the governing bodies of the participating city and county, the local director. If such local director serves as the local board, he may designate a senior staff person in the local department to act on his behalf, in his absence, to approve, cancel or change grants made under the provisions of this title. 2. At the discretion of the governing bodies of the participating cities and counties, the local board for a district may be composed of the chief administrative officer of each political subdivision, who may designate his principal assistant to act on his behalf, in his absence, to approve, cancel or change grants made under the provisions of this title. In addition, the provisions of § 63.2-305 shall apply. 1989, c. 356, § 63.1-44.1; 1995, cc. 262 , 313 ; 2002, c. 747 .

Va. Code Ann. § 63.2-308 Suspension or removal of members

Members of any local board may be suspended or removed for cause by the Board or by the local governing body authorized to appoint the members of the local board. Code 1950, § 63-57; 1968, c. 578, § 63.1-45; 2002, c. 747 .

Va. Code Ann. § 63.2-309 Quorum

A majority of the members of any local board shall constitute a quorum. Code 1950, § 63-58; 1952, c. 409; 1956, c. 126; 1968, c. 578, § 63.1-46; 2002, c. 747 .

Va. Code Ann. § 63.2-310 Compensation and expenses

Each member of the local board of a county or a city or of a district shall be paid his reasonable and necessary expenses incurred in attendance at meetings and while otherwise engaged in the discharge of his duties. In addition to such expenses, the governing body of each city or county may, out of its general fund, pay to each member of the local board, as compensation for his services, an amount to be fixed by the governing body of such city or county. No such county or city shall be reimbursed out of either state or federal funds for any part of such compensation paid. Code 1950, § 63-59; 1954, c. 258; 1962, c. 491; 1966, c. 478; 1968, c. 578, § 63.1-47; 1972, c. 11; 1973, c. 201; 1978, c. 754; 1998, cc. 80 , 192 ; 2002, c. 747 .

Va. Code Ann. § 63.2-311 Fiscal officer for district board; compensation of such officer

Whenever two or more political subdivisions establish a district pursuant to § 63.2-306 there shall be appointed a district fiscal officer for such district board. The district fiscal officer shall perform all the fiscal functions for the district board that had been previously performed for the local board by the treasurer or other fiscal officer of each locality within the district. The district fiscal officer for such district board shall be the treasurer of one of the participating counties or cities or combination of counties and cities, as mutually agreed upon by the district board with the approval of the governing bodies. In the event the local authorities cannot agree on the selection of a district fiscal officer, the Commissioner shall designate such district fiscal officer. For his services as district fiscal officer, the treasurer shall be paid such salary as may be agreed upon by the district board. In the event the district board and the treasurer so designated cannot agree on such compensation, then the amount of salary to be paid shall be determined by a court of competent jurisdiction and the amount so fixed by the judge shall be binding upon both the treasurer and the district board. Provided, that nothing contained in this section shall affect the regular salary or expense allowance of the treasurer as fixed annually by the State Compensation Board. 1973, c. 201, § 63.1-47.1; 1974, cc. 44, 45, 503; 2002, c. 747 .

Va. Code Ann. § 63.2-312 Meetings; organization; chairman and vice-chairman; secretary

The governing body or bodies shall immediately notify the members of the local board of their appointment, and such members shall, within fifteen days after their notification, elect a chairman and vice-chairman from among their number. The local board shall meet at least bimonthly and on other occasions on call of the chairman or in pursuance of action by the local board. At least one such meeting a year shall be an orientation and training session for local board members. The local director shall act as secretary of his local board and shall keep on file minutes of the attendance and transactions at all meetings of the local board. Code 1950, §§ 63-61, 63-62, 63-64; 1952, c. 409; 1968, c. 578, § 63.1-48; 1975, c. 190; 1978, c. 754; 2002, c. 747 .

Va. Code Ann. § 63.2-313 Administration of law

The local boards shall, subject to the regulations of the Board, administer the applicable provisions of this title in their respective counties and cities. The local boards shall also administer the applicable provisions of Chapter 14 (§ 51.5-116 et seq.) of Title 51.5 pursuant to the regulations of the Commissioner for Aging and Rehabilitative Services. Code 1950, § 63-66; 1968, c. 578, § 63.1-50; 2002, c. 747 ; 2012, cc. 803 , 835 .

Va. Code Ann. § 63.2-314 Funds received from public or private sources; authority of local governing bodies to make grants; authority of local boards to establish regulations and fees for court ordered services

A. The local boards are authorized to receive and disburse funds derived from public grants or private sources in the form of gifts, contributions, bequests or legacies for the purpose of aiding needy persons within their respective counties, cities or districts. The governing bodies of counties and cities are authorized to make public grants hereunder to their respective local boards. Eligibility for aid from these sources need not be limited to requirements established for the public assistance programs in this Commonwealth. All funds received from such sources shall be deposited in the treasuries of the respective county, city or local district board to the credit of the county, city or local district board and dispensed as authorized by such county, city or local district board. B. Local boards may establish regulations and fee schedules and may receive fees for services that a court directs a local department to perform pursuant to § 16.1-274 . Code 1950, § 63-66.1; 1954, c. 269; 1968, c. 578, § 63.1-51; 1972, c. 387; 1973, c. 201; 1975, c. 125; 1976, c. 516; 1993, c. 975; 2002, c. 747 .

Va. Code Ann. § 63.2-315 Furnishing reports

The local boards shall furnish to the Commissioner and the governing body of its county or city such reports relating to the administration of this title as the Commissioner and such governing body, respectively, may require. The local boards shall furnish such reports relating to the administration of applicable provisions of Chapter 14 (§ 51.5-116 et seq.) of Title 51.5 to the Commissioner for Aging and Rehabilitative Services, as may be required. Code 1950, §§ 63-67, 63-67.1, 63-67.2; 1950, p. 641; 1954, c. 265; 1968, c. 578, § 63.1-52; 1984, c. 498; 2002, c. 747 ; 2012, cc. 803 , 835 .

Va. Code Ann. § 63.2-316 Submission of budget to governing bodies

The local boards shall submit annually to the boards of supervisors or city councils 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, subject to the provisions of § 63.2-205 . Code 1950, § 63-69; 1952, c. 409; 1968, c. 578, § 63.1-54; 1975, c. 368; 2002, c. 747 .

Va. Code Ann. § 63.2-317 Employment of counsel for local boards and employees; payment of expenses

Except in those cases in which the attorney for the Commonwealth or county or city attorney represents the local board, a local board may employ legal counsel in civil matters to give advice to or represent the local board or any of its members or the employees of the local department and may pay court costs and other expenses involved in the conduct of such civil matters from funds appropriated by the local governing body for the administration of the local department. Such counsel may be employed on a part-time basis for any particular action or actions. A local board may employ in-house counsel to provide general legal advice and representation and advice related to specific actions. However, prior approval of the Department shall be obtained by the local board before counsel is employed except in instances where legal counsel is necessary for the provision of services or assistance to eligible recipients under this title. The Department may reimburse the local board for all or any part of such expenditures at the same rate in effect for all other administrative costs at the time of the expenditure. However, the Department shall not reimburse the local board for any expenses for which payment was available through an insurance policy currently in force. Where such counsel is employed by the local board, the attorney for the Commonwealth or city attorney or county attorney may be relieved of his responsibility to represent the local board or local department in that matter. 1976, c. 382, § 63.1-54.1; 1977, c. 184; 1985, c. 438; 2002, c. 747 ; 2014, cc. 122 , 536 .

Va. Code Ann. § 63.2-318 Payment of legal fees and expenses for certain local department employees

If any employee of a local department is arrested, indicted or otherwise prosecuted on any criminal charge arising out of an act committed in the discharge of his official duties, and the charge is subsequently terminated by entry of an order of dismissal, or nolle prosequi or upon trial he is found not guilty, the local board by which he is employed may reimburse such employee for all or part of the legal fees and expenses incurred by the employee in defense of such charge. The Department may reimburse the local board all or any part of such expenditures at the same rate in effect for all other administrative costs at the time of the expenditure to the extent that funds are available. 1977, c. 82, § 63.1-54.2; 1985, c. 438; 2002, c. 747 .

Va. Code Ann. § 63.2-319 Child welfare and other services

Each local board shall provide, either directly or through the purchase of services subject to the supervision of the Commissioner and in accordance with regulations adopted by the Board, any or all child welfare services herein described when such services are not available through other agencies serving residents in the locality. For purposes of this section, the term "child welfare services" means public social services that are directed toward: 1. Protecting the welfare of all children including homeless, dependent, or neglected children or children with disabilities; 2. Preventing or remedying, or assisting in the solution of problems that may result in the neglect, abuse, exploitation or delinquency of children; 3. Preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving these problems and preventing the break up of the family where preventing the removal of a child is desirable and possible; 4. Restoring to their families children who have been removed by providing services to the families and children; 5. Placing children in suitable adoptive homes in cases where restoration to the biological family is not possible or appropriate; and 6. Assuring adequate care of children away from their homes in cases where they cannot be returned home or placed for adoption. Each local board is also authorized and, as may be provided by regulations of the Board, shall provide rehabilitation and other services to help individuals attain or retain 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. Code 1950, § 63-72.1; 1966, c. 593; 1968, cc. 466, 578, § 63.1-55; 1973, c. 122; 1977, c. 634; 1982, c. 171; 1984, c. 781; 1986, c. 281; 1992, cc. 837, 880; 2002, c. 747 ; 2023, cc. 148 , 149 .

Va. Code Ann. § 63.2-319.1 Intervention by Commissioner; corrective action plans; assumption of temporary control of local boards

A. In cases where a local department of social services requests assistance, the Commissioner shall have the authority to utilize Department staff or contract with private entities to provide child welfare services in the locality served by the local board. B. The Commissioner shall have the authority to create and enforce a corrective action plan for any local board that, in the Commissioner's discretion, (i) fails to provide child welfare services in accordance with applicable law or regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of a child. The corrective action plan shall (a) include specific objectives that the local board shall meet in order to comply with applicable laws and regulations and ensure the health, safety, and well-being of all children about whom a report of abuse or neglect was made or who is in the local board's supervision and control and (b) set the date by which such objectives shall be completed, which shall not extend beyond 90 days after implementation of the corrective action plan unless the Commissioner determines that the objectives of the corrective action plan cannot be reasonably accomplished within such time frame. During the time the corrective action plan is in effect, the Commissioner may direct Department staff to provide assistance to the local board, monitor its progress in meeting the objectives stated in the plan, and take any measures necessary to protect the health, safety, and well-being of children about whom a report of abuse or neglect was properly made or who are in the local board's supervision and control. The Commissioner shall provide regular updates to the chairman of the Board, chairman of the local board, and local director regarding the local board's progress in meeting the objectives of the corrective action plan. Prior to implementing a corrective action plan, the Commissioner shall provide written notice of his intent to implement the corrective action plan and the reasons that such plan was developed to the chairman of the Board, chairman of the local board, and local director. Upon request by the chairman of the Board, chairman of the local board, or local director, the Commissioner shall hold a hearing to determine whether a corrective action plan is appropriate. C. If the local board fails to timely comply with the corrective action plan, the Commissioner shall have the authority to temporarily assume control over all or part of the local board's child welfare services. Upon assuming such control, the Commissioner may utilize Department staff or contract with private entities to provide child welfare services in the locality served by the local board. For any period during which a local board is under the Commissioner's control, the Commissioner shall work with the local board and local director to make any adjustments necessary to facilitate the local board's resumption of control over its child welfare services. The Commissioner shall remit control of such child welfare services to the local board upon determining that the local board has made all adjustments necessary to ensure that child welfare services are provided in compliance with state and federal law and regulations and in a manner that adequately protects the health, safety, and well-being of all children about whom a report of abuse or neglect was made in accordance with the provisions of this chapter or who are in the local board's supervision and control. D. If the local board fails to timely comply with the corrective action plan, the Commissioner, in coordination with the Director of the Department of Planning and Budget, shall have the authority to withhold any funds of the Commonwealth otherwise appropriated for use by the local board until such time that it fully complies with the corrective action plan. E. For any period during which the local board is under the Commissioner's control, the local board shall maintain the local share of funding for the local department at an unreduced amount. 2026, cc. 835 , 900 .

Va. Code Ann. § 63.2-320 Accepting and expending certain funds on behalf of children placed by or entrusted to local 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 placed by it where legal custody remains with the parents or guardians, committed or entrusted to its care under §§ 63.2-900 and 63.2-903 , when no guardian has been appointed, funds or money paid or tendered as pension, compensation, insurance or other benefit from the U.S. Department of Veterans Affairs or under the Railroad Retirement Act or the old age and survivors' insurance provisions of the 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 is 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 $1,000 upon such guardian posting bond as may be required by law, or disbursed in accordance with § 8.01-606 , if the sum does not exceed $1,000. Code 1950, § 63-73.1; 1954, c. 224; 1958, c. 239; 1968, c. 578, § 63.1-57; 1994, c. 865 ; 2002, c. 747 .

Va. Code Ann. § 63.2-321 Interest in and cooperation for public assistance and social services; directing local director

It shall be the duty of each local board to interest itself in all matters pertaining to the public assistance and social services needed by people of the political subdivision or subdivisions served by the local department, to direct the activities of the local director and to cooperate with the juvenile and domestic relations courts and all other agencies operating for the social betterment of the community. Code 1950, § 63-72; 1952, c. 409; 1968, c. 578, § 63.1-57.1; 2002, c. 747 .

Va. Code Ann. § 63.2-322 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 administer oaths and to take testimony thereunder. Code 1950, § 63-74; 1968, c. 578, § 63.1-58; 2002, c. 747 .

Va. Code Ann. § 63.2-323 Emergency payments

In emergency situations or in the event of delay or error in a state issuance of payments for public assistance and social services to eligible recipients, or expenditures for administration and services, emergency payments shall be issued by local boards as authorized by Board regulations. In emergency situations that result from lost or stolen checks, the Department shall assume liability for losses incurred by local boards due to fraudulent acts by recipients; however, the local board shall make diligent efforts to recoup any such lost funds in accordance with Board regulations. 1975, c. 336, § 63.1-58.1; 1978, c. 296; 2002, c. 747 .

Va. Code Ann. § 63.2-324 Local departments of social services

There shall be a local department of social services for each county or city under the supervision and management of a local director. However, two or more counties, cities, or any combination thereof, whether having separate local boards or a district board, may unite to establish a local department of social services and appoint a local director of social services to administer this title in such counties and cities, in which case such local director shall be the local director for each such county and city and the expenses incident to such local department shall be divided in such manner as the respective governing bodies provide by agreement. Code 1950, §§ 63-75, 63-75.1; 1952, c. 409; 1968, c. 578, § 63.1-59; 2002, c. 747 .

Va. Code Ann. § 63.2-325 Appointment of local directors of social services and local employees

Subject to the personnel standards and regulations of the Board, the local director 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 regulations of the Board, the local boards or other appointing authority shall employ, or authorize the local director to employ, such other employees as may be required by the Commissioner to administer this title in the county or city. Code 1950, §§ 63-76, 63-77; 1968, c. 578, § 63.1-60; 2002, c. 747 .

Va. Code Ann. § 63.2-325.1 Criminal background checks required

A. The local board shall require all employees, contractors, or final candidates for employment within the local department who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual's fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department shall conduct a criminal background check for any individual: 1. Who is responsible for the health, safety, and welfare of citizens; 2. With access to sensitive or confidential information, including access to federal tax information, in approved exchange agreements with the Internal Revenue Service or Social Security Administration; or 3. Who is otherwise required by state or federal law or local ordinance to be subject to criminal background checks. The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists for that individual, shall make a report to the local board or local director. B. Individuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child abuse and neglect database maintained by another jurisdiction. The Central Registry or other child abuse and neglect database shall report the results of such search to: 1. The local board or its designee if the search request concerns a local director or an applicant for local director; or 2. The local director if the search request concerns any other employment position at the local department. C. No local department shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person's past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person's last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release. D. If a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the employee or contractor that such information contributed to the suitability determination. E. At the Commissioner's request, the local department shall provide any background check information obtained pursuant to this section to the Commissioner. Further dissemination of such information is prohibited by anyone other than the Commissioner or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. 2024, c. 555 .

Va. Code Ann. § 63.2-326 Service at pleasure of local board or local director

The local director 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 § 63.2-100 . If other employees are employed by the local director, they shall serve at the pleasure of the local director, within the provisions of the merit system plan. Code 1950, § 63-78; 1960, c. 207; 1968, c. 578, § 63.1-61; 1994, c. 82 ; 2002, c. 747 .

Va. Code Ann. § 63.2-327 Removal by Commissioner

Any local director and any such employee who does not meet the personnel standards established by the Board may be removed by the Commissioner. Code 1950, § 63-79; 1968, c. 578, § 63.1-62; 1970, c. 721; 2002, c. 747 .

Va. Code Ann. § 63.2-328 Bond

Before entering upon the discharge of his duties, every local director shall 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. Code 1950, § 63-81; 1968, c. 578, § 63.1-64; 2002, c. 747 .

Va. Code Ann. § 63.2-329 Bond of certain employees of local boards

Every employee duly authorized to certify payments to be made or 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 city in such sum as the judge may fix, conditioned upon the faithful discharge of his duties. However, such sum shall be at least fifteen percent of the annual gross expenditures of the agency less nonrecurring items. The provisions of this section shall not apply in localities when provision for bonding such employees has been made by their governing bodies and the amount of the bonding equals or exceeds the amounts specified in this section. Code 1950, § 63-81.1; 1956, c. 415; 1968, c. 578, § 63.1-65; 1984, c. 507; 2002, c. 747 .

Va. Code Ann. § 63.2-330 Compensation

The local director and other persons 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 Board and the local governing body, the local board may provide that the local director and such other employees shall be paid compensation 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 and any federal funds that are available and appropriate for such use. Code 1950, § 63-82; 1964, c. 359; 1968, cc. 467, 578, § 63.1-66; 2002, c. 747 .

Va. Code Ann. § 63.2-331 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 director, and local employees, the governing body may, subject to the personnel standards and regulations of the Board, authorize the local board to exercise the powers relating to the employment of the local director 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 director and the local director to exercise such powers insofar as they relate to other employees required to administer this title in such county. Code 1950, § 63-85; 1954, c. 573; 1968, c. 578, § 63.1-67; 2002, c. 747 .

Va. Code Ann. § 63.2-332 Powers and duties of local directors

The local director shall be the administrator of the local department and shall serve as secretary to the local board. Under the supervision of the local board, unless otherwise specifically stated, and in cooperation with other public and private agencies, the local director, in addition to the functions, powers and duties conferred and imposed by other provisions of law, shall have the powers and perform the duties contained in this title. The local director shall designate nonattorney employees who are authorized to (i) initiate a case on behalf of the local department by appearing before an intake officer or (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, or motions for a rule to show cause. Code 1950, § 63-87; 1968, c. 578, § 63.1-67.1; 1972, c. 73; 2002, c. 747 ; 2016, c. 704 .

Va. Code Ann. § 63.2-333 Agent of Commissioner

The local director shall act as agent for the Commissioner in implementing the provisions of federal and state law and regulation. Code 1950, § 63-91; 1968, c. 578, § 63.1-67.3; 2002, c. 747 .

Va. Code Ann. § 63.2-334 Cooperation with private agencies

The local director shall foster cooperation 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 social services needs of the county or city be adequately met. Code 1950, § 63-97; 1968, c. 578, § 63.1-67.5; 2002, c. 747 .

Va. Code Ann. § 63.2-335 Keeping records

The records of the cases handled and business transacted by the local department shall be kept in such manner and form as may be prescribed by the Board. Code 1950, § 63-98; 1968, c. 578, § 63.1-67.6; 2002, c. 747 .

Va. Code Ann. § 63.2-336 Annual report

At the request of the local governing body, the local director shall each year prepare and keep on file a full report of the local department's work and proceedings during the year. If such request is made, one copy of such report shall be filed with the local governing body and another with the Board. Code 1950, § 63-99; 1968, c. 578, § 63.1-67.7; 1976, c. 214; 1978, c. 146; 2002, c. 747 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title63.2/chapter3/Fetched: 10/16/2026