Title 37.2 - BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES.
- Chapter 1 - Definitions (37.2-100)
- Chapter 2 - State Behavioral Health and Developmental Services Board (37.2-200 thru 37.2-204)
- Chapter 3 - Department of Behavioral Health and Developmental Services (37.2-300 thru 37.2-319)
- 37.2-300 - Creation and supervision of Department.
- 37.2-301 - Appointment of Commissioner.
- 37.2-302 - Term of office and vacancy therein.
- 37.2-303 - Qualifications of Commissioner.
- 37.2-304 - Duties of Commissioner.
- 37.2-305 - Receiving gifts and endowments.
- 37.2-306 - Research into causes of mental illness, mental retardation, substance abuse, and related subjects.
- 37.2-307 - Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases.
- 37.2-308 - Data reporting on children and adolescents.
- 37.2-309 - Department responsible for substance abuse services; office established; qualifications of staff.
- 37.2-310 - Powers and duties of Department related to substance abuse.
- 37.2-311 - Review of applications for state or federal funds or services used in substance abuse programs.
- 37.2-312 - Department responsible for education and training programs.
- 37.2-312.1 - Department to be lead agency for suicide prevention across the lifespan.
- 37.2-313 - Employment of unlicensed physician by Department.
- 37.2-313.1 - Licensed physician required at certain training centers.
- 37.2-314 - Background check required.
- 37.2-315 - Comprehensive State Plan for Behavioral Health and Developmental Services.
- 37.2-316 - System restructuring; state and community consensus and planning team required.
- 37.2-317 - Definitions.
- 37.2-318 - Behavioral Health and Developmental Services Trust Fund established; purpose.
- 37.2-319 - Administration of Behavioral Health and Developmental Services Trust Fund.
- Chapter 4 - Protection of Consumers (37.2-400 thru 37.2-432)
- 37.2-400 - Rights of consumers.
- 37.2-401 - Legally authorized representative prohibition.
- 37.2-402 - Board to establish regulations regarding human research.
- 37.2-403 - Definitions.
- 37.2-404 - Authority of Commissioner to grant licenses.
- 37.2-405 - License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers.
- 37.2-406 - Conditions for initial licensure of certain providers.
- 37.2-407 - Regulations for treatment of pregnant women with substance abuse.
- 37.2-408 - Regulation of services delivered in group homes and residential facilities for children.
- 37.2-408.1 - Background check required; children's residential facilities.
- 37.2-409 - Intermediate care facilities for the mentally retarded.
- 37.2-410 - Expiration of license; renewal; license fees.
- 37.2-411 - Inspections.
- 37.2-412 - Human rights review.
- 37.2-413 - Necessity for supervision by licensed provider.
- 37.2-414 - Cure by mental or spiritual means without use of drugs or material remedy.
- 37.2-415 - Provisional and conditional licenses.
- 37.2-416 - Background checks required.
- 37.2-417 - Proceeding to prevent unlawful operation of service.
- 37.2-418 - Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty.
- 37.2-419 - Human rights and licensing enforcement and sanctions; notice.
- 37.2-419.1 - Summary suspension of adult facility licenses under certain circumstances; due process; penalty.
- 37.2-420 - Offer or payment of remuneration in exchange for referral prohibited.
- 37.2-421 - Advertising by licensed providers.
- 37.2-422 - Penalty.
- 37.2-423 - Office created; appointment of Inspector General for Behavioral Health and Developmental Services.
- 37.2-424 - Powers and duties of Inspector General.
- 37.2-425 - Reports.
- 37.2-426 - Officers may be appointed conservators of the peace; regulation of traffic.
- 37.2-427 - Mistreatment of consumers in hospital or training center.
- 37.2-428 - Aiding and abetting in escapes.
- 37.2-429 - Disorderly conduct on grounds and interference with officers.
- 37.2-430 - Providing alcoholic beverages to consumers.
- 37.2-431 - Contriving or conspiring to maliciously obtain admission of person.
- 37.2-432 - through 37.2-440
- Chapter 5 - Community Services Boards (37.2-500 thru 37.2-512)
- 37.2-500 - Purpose; community services board; services to be provided.
- 37.2-501 - Community services board; appointment; membership; duties of fiscal agent.
- 37.2-502 - Community services board members; term of office; vacancies; removal.
- 37.2-503 - Compensation of community services board members.
- 37.2-504 - Community services boards; local government departments; powers and duties.
- 37.2-505 - Coordination of services for preadmission screening and discharge planning.
- 37.2-506 - Background checks required.
- 37.2-507 - Data collection on children and adolescents.
- 37.2-508 - Performance contract for mental health, mental retardation, and substance abuse services.
- 37.2-509 - Mental health, mental retardation, and substance abuse services; allocation of funds by Department; reduction of funds.
- 37.2-510 - Community services board; withdrawal of county or city.
- 37.2-511 - Liability for expenses of services.
- 37.2-512 - Authority to enter into joint agreements.
- Chapter 6 - Behavioral Health Authorities (37.2-600 thru 37.2-615)
- 37.2-600 - Definitions.
- 37.2-601 - Behavioral health authorities; purpose.
- 37.2-602 - Board of directors; appointment; membership.
- 37.2-603 - Board of directors; terms; vacancies; removal.
- 37.2-604 - Board of directors; officers; meetings.
- 37.2-605 - Behavioral health authorities; powers and duties.
- 37.2-606 - Coordination of services for preadmission screening and discharge planning.
- 37.2-607 - Background check required.
- 37.2-608 - Performance contract for mental health, mental retardation, and substance abuse services.
- 37.2-609 - Exemption from taxation.
- 37.2-610 - Transfer of facilities and assets.
- 37.2-611 - Local appropriations; allocation of funds by Department; reduction of funds.
- 37.2-612 - Consumer liability for expenses of services.
- 37.2-613 - Proceedings for dissolution.
- 37.2-614 - When powers and duties cease to exist.
- 37.2-615 - Authority to enter into joint agreements.
- Chapter 7 - State Facilities (37.2-700 thru 37.2-721)
- 37.2-700 - Construction of state facilities; razing buildings.
- 37.2-701 - Examination of properties; certain property not to be declared surplus.
- 37.2-702 - Separate state facilities for geriatric consumers; free-standing state facilities authorized.
- 37.2-703 - Commissioner to prescribe system of records, accounts, and reports; access to records, accounts, and reports.
- 37.2-704 - Commissioner authorized to receive and expend social security and other federal payments for consumers in state facilities.
- 37.2-705 - Private funds provided for consumers.
- 37.2-706 - Disposal of unclaimed personal property of certain consumers in state facilities.
- 37.2-707 - Employment and qualifications of directors of state facilities.
- 37.2-708 - Salaries of directors and other employees of state facilities.
- 37.2-709 - State facility reporting requirements; Virginia Office for Protection and Advocacy.
- 37.2-710 - State facility reporting requirements; Virginia Patient Level Data system.
- 37.2-711 - Exchange of information.
- 37.2-712 - Collection and dissemination of information concerning religious preferences and affiliations.
- 37.2-713 - Residence of consumers in state facilities and school-age children in state facilities generally.
- 37.2-714 - Children born in state facilities.
- 37.2-715 - Who liable for expenses; amount.
- 37.2-716 - Behavioral Health and Developmental Services Revenue Fund.
- 37.2-717 - Department to investigate financial ability to pay expenses; assessments and contracts by Department.
- 37.2-718 - Order to compel payment of expenses.
- 37.2-719 - Statement forms to be completed by the person liable for support of the consumer.
- 37.2-720 - When collection of expenses not required.
- 37.2-721 - Liability of estate of consumer.
- Chapter 8 - Emergency Custody and Voluntary and Involuntary Civil Admissions (37.2-800 thru 37.2-847)
- 37.2-800 - Applicability of chapter.
- 37.2-801 - Admission procedures; forms.
- 37.2-802 - Interpreters in admission or certification proceedings.
- 37.2-803 - Special justices to perform duties of judge.
- 37.2-804 - Fees and expenses.
- 37.2-804.1 - Use of electronic communication.
- 37.2-804.2 - Disclosure of records.
- 37.2-805 - Voluntary admission.
- 37.2-805.1 - Admission of incapacitated persons pursuant to advance directives or by guardians.
- 37.2-806 - Judicial certification of eligibility for admission of persons with mental retardation.
- 37.2-807 - Emergency or respite care admissions to training centers.
- 37.2-808 - Emergency custody; issuance and execution of order.
- 37.2-809 - Involuntary temporary detention; issuance and execution of order.
- 37.2-810 - Transportation of person in the temporary detention process.
- 37.2-811 - Emergency treatment of inmates in the custody of local correctional facilities.
- 37.2-812 - Description unavailable
- 37.2-813 - Release of person prior to commitment hearing for involuntary admission.
- 37.2-814 - Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner.
- 37.2-815 - Commitment hearing for involuntary admission; examination required.
- 37.2-816 - Commitment hearing for involuntary admission; preadmission screening report.
- 37.2-817 - Involuntary admission and mandatory outpatient treatment orders.
- 37.2-817.1 - Monitoring mandatory outpatient treatment; petition for hearing.
- 37.2-817.2 - Court review of mandatory outpatient treatment plan or discharge plan.
- 37.2-817.3 - Rescission of mandatory outpatient treatment order.
- 37.2-817.4 - Continuation of mandatory outpatient treatment order.
- 37.2-818 - Commitment hearing for involuntary admission; recordings and records.
- 37.2-819 - Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
- 37.2-820 - Place of hearing.
- 37.2-821 - Appeal of involuntary admission or certification order.
- 37.2-822 - Treatment of person admitted while appeal is pending.
- 37.2-823 - Examination of admission papers by director; examination of persons admitted.
- 37.2-824 - Periodic review of all persons for purposes of retention.
- 37.2-825 - Admission raises no presumption of legal incapacity.
- 37.2-826 - Disposition of nonresidents.
- 37.2-827 - Admission of aliens.
- 37.2-828 - Receiving and maintaining federal prisoners in state facilities.
- 37.2-829 - Transportation of person in civil admission process.
- 37.2-830 - Description unavailable
- 37.2-831 - Detention in jail after order of admission.
- 37.2-832 - Persons with mental illness not to be confined in cells with criminals.
- 37.2-833 - Escape, sickness, death, or discharge of a person ordered to be involuntarily admitted while in custody; warrant for person escaping.
- 37.2-834 - Arrest of certain persons involuntarily admitted.
- 37.2-835 - Arrest without warrant.
- 37.2-836 - Employees to accompany persons admitted voluntarily to facilities.
- 37.2-837 - Discharge from state hospitals or training centers, conditional release, and trial or home visits for consumers.
- 37.2-838 - Discharge of persons from a licensed hospital.
- 37.2-839 - Exchange of information between community services boards or behavioral health authorities and state facilities.
- 37.2-840 - Transfer of consumers.
- 37.2-841 - Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other facility or installation.
- 37.2-842 - Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or installation subject to rules; power and authority of medical officer in charge.
- 37.2-843 - Providing drugs or medicines for certain persons discharged from state facilities.
- 37.2-844 - Habeas corpus as means.
- 37.2-845 - Procedure when person confined in facility or other institution.
- 37.2-846 - Procedure when person not confined in facility or other institution.
- 37.2-847 - Duty of attorney for Commonwealth.
- Chapter 9 - Civil Commitment of Sexually Violent Predators (37.2-900 thru 37.2-921)
- 37.2-900 - Definitions.
- 37.2-900.1 - Office of Sexually Violent Predator Services.
- 37.2-901 - Civil proceeding; rights of respondents; discovery.
- 37.2-902 - Commitment Review Committee; membership.
- 37.2-903 - Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC.
- 37.2-904 - CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation.
- 37.2-905 - Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Departm
- 37.2-905.1 - Substantial compliance.
- 37.2-905.2 - Access to records.
- 37.2-906 - Probable cause hearing.
- 37.2-907 - Right to assistance of experts; compensation.
- 37.2-908 - Trial; right to trial by jury; standard of proof; discovery.
- 37.2-909 - Placement of committed respondents.
- 37.2-910 - Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition.
- 37.2-911 - Petition for release; hearing; procedures.
- 37.2-912 - Conditional release; criteria; conditions; reports.
- 37.2-913 - Emergency custody of conditionally released respondents; revocation of conditional release.
- 37.2-914 - Modification or removal of conditions; notice; objections; review.
- 37.2-915 - Representation of Commonwealth and person subject to commitment; nature of proceedings.
- 37.2-916 - Authority of Commissioner; delegation to board; liability.
- 37.2-917 - Escape of persons committed; penalty.
- 37.2-918 - Persons on conditional release leaving Commonwealth; penalty.
- 37.2-919 - Postrelease supervision of Department; commission of new criminal offense by person committed to Department.
- 37.2-920 - Appeal by Attorney General; emergency custody order.
- 37.2-921 - Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons.
- Chapter 10 - Guardianship and Conservatorship (37.2-1000 thru 37.2-1029)
- 37.2-1000 - Definitions.
- 37.2-1001 - Filing of petition; jurisdiction; instructions to be provided.
- 37.2-1002 - Who may file petition; contents.
- 37.2-1003 - Appointment of guardian ad litem.
- 37.2-1004 - Notice of hearing; jurisdictional.
- 37.2-1005 - Evaluation report.
- 37.2-1006 - Counsel for respondent.
- 37.2-1007 - Hearing on petition to appoint.
- 37.2-1008 - Fees and costs.
- 37.2-1009 - Court order of appointment; limited guardianships and conservatorships.
- 37.2-1010 - Eligibility for public guardian or conservator.
- 37.2-1011 - Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate.
- 37.2-1012 - Petition for restoration, modification or termination; effects.
- 37.2-1013 - Standby guardianship or conservatorship for incapacitated persons.
- 37.2-1014 - Clerk to index findings of incapacity or restoration; notice to Commissioner, commissioner of accounts, Secretary of Board of Elections, and CCRE.
- 37.2-1015 - When no guardian or conservator appointed within one month of adjudication.
- 37.2-1016 - Trustees for incapacitated ex-service persons and their beneficiaries.
- 37.2-1017 - Payments from U.S. Department of Veterans Affairs.
- 37.2-1018 - Description unavailable
- 37.2-1019 - Taking of bond by clerk of court.
- 37.2-1020 - Duties and powers of guardian.
- 37.2-1021 - Annual reports by guardians.
- 37.2-1022 - General duties and liabilities of conservator.
- 37.2-1023 - Management powers and duties of conservator.
- 37.2-1024 - Estate planning.
- 37.2-1025 - Taking possession of incapacitated person's estate and suits relative thereto; retaining for his own debt.
- 37.2-1026 - Fiduciary to prosecute and defend.
- 37.2-1027 - Surrender of incapacitated person's estate.
- 37.2-1028 - Surrender of incapacitated person's estate not limited by provisions relating to expenses.
- 37.2-1029 - Department to be notified in certain cases.
- Chapter 11 - Judicial Authorization of Treatment (37.2-1100 thru 37.2-1109)
- 37.2-1100 - Definitions.
- 37.2-1101 - Judicial authorization of treatment.
- 37.2-1102 - Certain actions may not be authorized.
- 37.2-1103 - Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness.
- 37.2-1104 - Temporary detention in hospital for testing, observation or treatment.
- 37.2-1105 - Appeal from order.
- 37.2-1106 - When health professional or licensed hospital not liable.
- 37.2-1107 - Fees and expenses.
- 37.2-1108 - Effect of chapter on other laws.
- 37.2-1109 - Use of electronic communication.