{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/37.2-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/37.2-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/37.2-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/37.2-100.html"}],"law_id":360892,"edition_id":2,"section_id":360892,"structure_id":51610,"section_number":"37.2-100","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 37-1.1, 37-34.2:1, 37-254.1; 1950, pp. 899, 935; 1954, c. 668; 1958, c. 556; 1960, c. 133; 1964, cc. 483, 640; 1968, c. 477, \u00a7 37.1-1; 1972, cc. 635, 639; 1973, c. 465; 1974, c. 301; 1976, cc. 671, 767, \u00a7 37.1-203; 1979, c. 54; 1980, c. 582; 1982, c. 50; 1983, c. 538; 1984, c. 209; 1987, c. 413; 1994, c. 939; 1995, c. 693, \u00a7 15.1-1677; 1996, c. 861; 1997, c. 587, \u00a7 37.1-243; 1998, cc. 680, 724, \u00a7 37.1-194.1; 1999, c. 969; 2005, c. 716; 2009, cc. 813, 840; 2012, cc. 476, 507; 2015, c. 750; 2017, c. 458.","full_text":"As used in this title, unless the context requires a different meaning:\n\n\t\t“Abuse” means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as:\n\n1\n\nRape, sexual assault, or other criminal sexual behavior;\n\n2\n\nAssault or battery;\n\n3\n\nUse of language that demeans, threatens, intimidates, or humiliates the individual;\n\n4\n\nMisuse or misappropriation of the individual’s assets, goods, or property;\n\n5\n\nUse of excessive force when placing an individual in physical or mechanical restraint;\n\n6\n\nUse of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professionally accepted standards of practice, or his individualized services plan; and\n\n7\n\nUse of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with his individualized services plan.\n\t\t\t“Administrative policy community services board” or “administrative policy board” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is appointed by and accountable to the governing body of each city and county that established it to set policy for and administer the provision of mental health, developmental, and substance abuse services. The “administrative policy community services board” or “administrative policy board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection A of § 37.2-504 and § 37.2-505. Mental health, developmental, and substance abuse services are provided through local government staff or through contracts with other organizations and providers.\n\n\t\t\t“Behavioral health authority” or “authority” means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ 37.2-600 et seq.) that is appointed by and accountable to the governing body of the city or county that established it for the provision of mental health, developmental, and substance abuse services. “Behavioral health authority” or “authority” also includes the organization that provides these services through its own staff or through contracts with other organizations and providers.\n\n\t\t\t“Behavioral health services” means the full range of mental health and substance abuse services.\n\n\t\t\t“Board” means the State Board of Behavioral Health and Developmental Services.\n\n\t\t\t“Commissioner” means the Commissioner of Behavioral Health and Developmental Services.\n\n\t\t\t“Community services board” means the public body established pursuant to § 37.2-501 that provides mental health, developmental, and substance abuse services within each city and county that established it; the term “community services board” shall include administrative policy community services boards, operating community services boards, and local government departments with policy-advisory community services boards.\n\n\t\t\t“Department” means the Department of Behavioral Health and Developmental Services.\n\n\t\t\t“Developmental disability” means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment, or a combination of mental and physical impairments, other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) if the individual, without services and supports, has a high probability of meeting those criteria later in life.\n\n\t\t\t“Developmental services” means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.\n\n\t\t\t“Facility” means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. When modified by the word “state,” “facility” means a state hospital or training center operated by the Department, including the buildings and land associated with it.\n\n\t\t\t“Family member” means an immediate family member of an individual receiving services or the principal caregiver of that individual. A principal caregiver is a person who acts in the place of an immediate family member, including other relatives and foster care providers, but does not have a proprietary interest in the care of the individual receiving services.\n\n\t\t\t“Hospital,” when not modified by the words “state” or “licensed,” means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness.\n\n\t\t\t“Individual receiving services” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”\n\n\t\t\t“Intellectual disability” means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills.\n\n\t\t\t“Licensed hospital” means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title.\n\n\t\t\t“Mental health services” means planned individualized interventions intended to reduce or ameliorate mental illness or the effects of mental illness through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals with mental illness for the purpose of enabling these individuals to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.\n\n\t\t\t“Mental illness” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.\n\n\t\t\t“Neglect” means failure by a person or a program or facility operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse.\n\n\t\t\t“Operating community services board” or “operating board” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is appointed by and accountable to the governing body of each city and county that established it for the direct provision of mental health, developmental, and substance abuse services. The “operating community services board” or “operating board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection A of § 37.2-504 and § 37.2-505. “Operating community services board” or “operating board” also includes the organization that provides such services, through its own staff or through contracts with other organizations and providers.\n\n\t\t\t“Performance contract” means the annual agreement negotiated and entered into by a community services board or behavioral health authority with the Department through which it provides state and federal funds appropriated for mental health, developmental, and substance abuse services to that community services board or behavioral health authority.\n\n\t\t\t“Policy-advisory community services board” or “policy-advisory board” means the public body organized in accordance with the provisions of Chapter 5 that is appointed by and accountable to the governing body of each city or county that established it to provide advice on policy matters to the local government department that provides mental health, developmental, and substance abuse services pursuant to subsection A of § 37.2-504 and § 37.2-505. The “policy-advisory community services board” or “policy-advisory board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection B of § 37.2-504.\n\n\t\t\t“Service area” means the city or county or combination of cities and counties or counties or cities that is served by a community services board or behavioral health authority or the cities and counties that are served by a state facility.\n\n\t\t\t“Special justice” means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § 37.2-803.\n\n\t\t\t“State hospital” means a hospital, psychiatric institute, or other institution operated by the Department that provides care and treatment for persons with mental illness.\n\n\t\t\t“Substance abuse” means the use of drugs, enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.), without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care.\n\n\t\t\t“Training center” means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability.\n\n","order_by":null,"text":{"0":{"id":1342931,"text":"As used in this title, unless the context requires a different meaning:\t\t“Abuse” means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1342932,"text":"Rape, sexual assault, or other criminal sexual behavior;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1342933,"text":"Assault or battery;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1342934,"text":"Use of language that demeans, threatens, intimidates, or humiliates the individual;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1342935,"text":"Misuse or misappropriation of the individual’s assets, goods, or property;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1342936,"text":"Use of excessive force when placing an individual in physical or mechanical restraint;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1342937,"text":"Use of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professionally accepted standards of practice, or his individualized services plan; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":1342938,"text":"Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with his individualized services plan.\n\t\t\t“Administrative policy community services board” or “administrative policy board” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is appointed by and accountable to the governing body of each city and county that established it to set policy for and administer the provision of mental health, developmental, and substance abuse services. The “administrative policy community services board” or “administrative policy board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection A of § 37.2-504 and § 37.2-505. Mental health, developmental, and substance abuse services are provided through local government staff or through contracts with other organizations and providers.\t\t\t“Behavioral health authority” or “authority” means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ 37.2-600 et seq.) that is appointed by and accountable to the governing body of the city or county that established it for the provision of mental health, developmental, and substance abuse services. “Behavioral health authority” or “authority” also includes the organization that provides these services through its own staff or through contracts with other organizations and providers.\t\t\t“Behavioral health services” means the full range of mental health and substance abuse services.\t\t\t“Board” means the State Board of Behavioral Health and Developmental Services.\t\t\t“Commissioner” means the Commissioner of Behavioral Health and Developmental Services.\t\t\t“Community services board” means the public body established pursuant to § 37.2-501 that provides mental health, developmental, and substance abuse services within each city and county that established it; the term “community services board” shall include administrative policy community services boards, operating community services boards, and local government departments with policy-advisory community services boards.\t\t\t“Department” means the Department of Behavioral Health and Developmental Services.\t\t\t“Developmental disability” means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment, or a combination of mental and physical impairments, other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) if the individual, without services and supports, has a high probability of meeting those criteria later in life.\t\t\t“Developmental services” means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.\t\t\t“Facility” means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. When modified by the word “state,” “facility” means a state hospital or training center operated by the Department, including the buildings and land associated with it.\t\t\t“Family member” means an immediate family member of an individual receiving services or the principal caregiver of that individual. A principal caregiver is a person who acts in the place of an immediate family member, including other relatives and foster care providers, but does not have a proprietary interest in the care of the individual receiving services.\t\t\t“Hospital,” when not modified by the words “state” or “licensed,” means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness.\t\t\t“Individual receiving services” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”\t\t\t“Intellectual disability” means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills.\t\t\t“Licensed hospital” means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title.\t\t\t“Mental health services” means planned individualized interventions intended to reduce or ameliorate mental illness or the effects of mental illness through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals with mental illness for the purpose of enabling these individuals to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.\t\t\t“Mental illness” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.\t\t\t“Neglect” means failure by a person or a program or facility operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse.\t\t\t“Operating community services board” or “operating board” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is appointed by and accountable to the governing body of each city and county that established it for the direct provision of mental health, developmental, and substance abuse services. The “operating community services board” or “operating board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection A of § 37.2-504 and § 37.2-505. “Operating community services board” or “operating board” also includes the organization that provides such services, through its own staff or through contracts with other organizations and providers.\t\t\t“Performance contract” means the annual agreement negotiated and entered into by a community services board or behavioral health authority with the Department through which it provides state and federal funds appropriated for mental health, developmental, and substance abuse services to that community services board or behavioral health authority.\t\t\t“Policy-advisory community services board” or “policy-advisory board” means the public body organized in accordance with the provisions of Chapter 5 that is appointed by and accountable to the governing body of each city or county that established it to provide advice on policy matters to the local government department that provides mental health, developmental, and substance abuse services pursuant to subsection A of § 37.2-504 and § 37.2-505. The “policy-advisory community services board” or “policy-advisory board” denotes the board, the members of which are appointed pursuant to § 37.2-501 with the powers and duties enumerated in subsection B of § 37.2-504.\t\t\t“Service area” means the city or county or combination of cities and counties or counties or cities that is served by a community services board or behavioral health authority or the cities and counties that are served by a state facility.\t\t\t“Special justice” means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § 37.2-803.\t\t\t“State hospital” means a hospital, psychiatric institute, or other institution operated by the Department that provides care and treatment for persons with mental illness.\t\t\t“Substance abuse” means the use of drugs, enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.), without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care.\t\t\t“Training center” means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":51610,"edition_id":2,"name":"Definitions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":51609,"metadata":{"child_laws":2,"child_structures":0},"date_created":"2026-08-02 02:44:56","date_modified":"2026-08-02 12:32:47","permalink":{"id":1436679,"object_type":"structure","relational_id":51610,"identifier":"1","token":"37.2\/I\/1","url":"\/37.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51609,"edition_id":2,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":51608,"metadata":{"child_laws":80,"child_structures":13},"date_created":"2026-08-02 02:44:56","date_modified":"2026-08-02 12:32:47","permalink":{"id":1436677,"object_type":"structure","relational_id":51609,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51608,"edition_id":2,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":85,"parent_id":null,"metadata":{"child_laws":229,"child_structures":35},"date_created":"2026-08-02 02:44:56","date_modified":"2026-08-02 12:32:46","permalink":{"id":1436675,"object_type":"structure","relational_id":51608,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":360892,"structure_id":51610,"section_number":"37.2-100","catch_line":"Definitions","url":"\/37.2-100\/","token":"37.2\/I\/1\/37.2-100","metadata":false},{"id":360894,"structure_id":51610,"section_number":"37.2-101","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/37.2-101\/","token":"37.2\/I\/1\/37.2-101","metadata":false}],"next_section":{"id":360894,"structure_id":51610,"section_number":"37.2-101","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/37.2-101\/","token":"37.2\/I\/1\/37.2-101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-100\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 26 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 668; in 1958, chapter 556; in 1960, chapter 133; in 1964, chapters 483 and 640; in 1968, chapter 477; in 1972, chapters 635 and 639; in 1973, chapter 465; in 1974, chapter 301; in 1976, chapters 671 and 767; in 1979, chapter 54; in 1980, chapter 582; in 1982, chapter 50; in 1983, chapter 538; in 1984, chapter 209; in 1987, chapter 413; in 1994, chapter 939<\/a>; in 1995, chapter 693<\/a>; in 1996, chapter 861<\/a>; in 1997, chapter 587<\/a>; in 1998, chapters 680<\/a> and 724<\/a>; in 1999, chapter 969<\/a>; in 2005, chapter 716<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2015, chapter 750<\/a>; in 2017, chapter 458<\/a>.<\/p>","references":[{"id":347546,"section_number":"15.2-1718.2","catch_line":"Receipt of critically missing adult reports","order_by":null,"url":"\/15.2-1718.2\/"},{"id":349371,"section_number":"15.2-915","catch_line":"Control of firearms; applicability to authorities and local governmental agencies","order_by":null,"url":"\/15.2-915\/"},{"id":349750,"section_number":"16.1-336","catch_line":"Definitions","order_by":null,"url":"\/16.1-336\/"},{"id":350566,"section_number":"18.2-255.2","catch_line":"Prohibiting the sale or manufacture of drugs on or near certain properties; penalty","order_by":null,"url":"\/18.2-255.2\/"},{"id":351328,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","order_by":null,"url":"\/19.2-163.03\/"},{"id":351352,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":351377,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","order_by":null,"url":"\/19.2-182.3\/"},{"id":351383,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","order_by":null,"url":"\/19.2-182.9\/"},{"id":351558,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","order_by":null,"url":"\/19.2-271.6\/"},{"id":351604,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":351618,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","order_by":null,"url":"\/19.2-303.6\/"},{"id":351840,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":352697,"section_number":"2.2-2696","catch_line":"Virginia Addiction Recovery Council","order_by":null,"url":"\/2.2-2696\/"},{"id":352843,"section_number":"2.2-309.1","catch_line":"Additional powers and duties; behavioral health and developmental services","order_by":null,"url":"\/2.2-309.1\/"},{"id":353189,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","order_by":null,"url":"\/2.2-4345\/"},{"id":359004,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","order_by":null,"url":"\/32.1-125.1\/"},{"id":359148,"section_number":"32.1-162.18","catch_line":"Informed consent","order_by":null,"url":"\/32.1-162.18\/"},{"id":360935,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","order_by":null,"url":"\/37.2-313.1\/"},{"id":361039,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","order_by":null,"url":"\/37.2-800\/"},{"id":365604,"section_number":"46.2-342","catch_line":"What license to contain; organ donor information; Uniform Donor Document","order_by":null,"url":"\/46.2-342\/"},{"id":366254,"section_number":"46.2-830.2","catch_line":"Pedestrians with disabilities; traffic signs","order_by":null,"url":"\/46.2-830.2\/"},{"id":367323,"section_number":"51.5-43","catch_line":"Discrimination against qualified persons with disabilities in exercising right to vote prohibited","order_by":null,"url":"\/51.5-43\/"},{"id":367423,"section_number":"52-34.10","catch_line":"Definitions","order_by":null,"url":"\/52-34.10\/"},{"id":367552,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","order_by":null,"url":"\/53.1-133.04\/"},{"id":367553,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","order_by":null,"url":"\/53.1-133.05\/"},{"id":367751,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","order_by":null,"url":"\/53.1-40.1\/"},{"id":367759,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","order_by":null,"url":"\/53.1-40.2\/"},{"id":367765,"section_number":"53.1-40.8","catch_line":"Fees and expenses","order_by":null,"url":"\/53.1-40.8\/"},{"id":368357,"section_number":"54.1-2901","catch_line":"Exceptions and exemptions generally","order_by":null,"url":"\/54.1-2901\/"},{"id":368420,"section_number":"54.1-2951.1","catch_line":"Requirements for licensure and practice as a physician assistant; licensure by endorsement","order_by":null,"url":"\/54.1-2951.1\/"},{"id":368483,"section_number":"54.1-2962.1","catch_line":"Solicitation or receipt of remuneration in exchange for referral prohibited","order_by":null,"url":"\/54.1-2962.1\/"},{"id":368495,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","order_by":null,"url":"\/54.1-2969\/"},{"id":368514,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","order_by":null,"url":"\/54.1-2983.2\/"},{"id":368515,"section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","order_by":null,"url":"\/54.1-2983.3\/"},{"id":368521,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","order_by":null,"url":"\/54.1-2986.2\/"},{"id":368721,"section_number":"54.1-3423","catch_line":"Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees","order_by":null,"url":"\/54.1-3423\/"},{"id":368733,"section_number":"54.1-3434.02","catch_line":"Automated drug dispensing systems and remote dispensing systems","order_by":null,"url":"\/54.1-3434.02\/"},{"id":368832,"section_number":"54.1-3501","catch_line":"Exemption from requirements of licensure","order_by":null,"url":"\/54.1-3501\/"},{"id":368859,"section_number":"54.1-3601","catch_line":"Exemption from requirements of licensure","order_by":null,"url":"\/54.1-3601\/"},{"id":368878,"section_number":"54.1-3701","catch_line":"Exemption from requirements of licensure","order_by":null,"url":"\/54.1-3701\/"},{"id":374528,"section_number":"60.2-221","catch_line":"Hospital","order_by":null,"url":"\/60.2-221\/"},{"id":375472,"section_number":"63.2-1801","catch_line":"Access to assisted living facilities by community services boards and behavioral health authorities","order_by":null,"url":"\/63.2-1801\/"},{"id":375481,"section_number":"63.2-1808.1","catch_line":"Life-sharing communities","order_by":null,"url":"\/63.2-1808.1\/"},{"id":376902,"section_number":"8.01-2","catch_line":"General definitions for this title","order_by":null,"url":"\/8.01-2\/"},{"id":378512,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"},{"id":378674,"section_number":"9.1-193","catch_line":"Mental health awareness response and community understanding services (Marcus) alert system; law-enforcement protocols","order_by":null,"url":"\/9.1-193\/"}],"refers_to":[{"id":360984,"section_number":"37.2-500","catch_line":"Purpose; community services board; services to be provided","order_by":null,"url":"\/37.2-500\/"},{"id":360985,"section_number":"37.2-501","catch_line":"Community services board; appointment; membership; duties of fiscal agent","order_by":null,"url":"\/37.2-501\/"},{"id":360988,"section_number":"37.2-504","catch_line":"Community services boards; local government departments; powers and duties","order_by":null,"url":"\/37.2-504\/"},{"id":360989,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","order_by":null,"url":"\/37.2-505\/"},{"id":360999,"section_number":"37.2-600","catch_line":"Definitions","order_by":null,"url":"\/37.2-600\/"},{"id":361042,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"},{"id":368677,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":1436681,"object_type":"law","relational_id":360892,"identifier":"37.2-100","token":"37.2\/I\/1\/37.2-100","url":"\/37.2-100\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/37.2-100\/","token":"37.2\/I\/1\/37.2-100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this title, unless the context requires a different meaning:

\t\t“Abuse” means any act or failure to act by an employee or other person responsible for the care of an individual<\/span> in a facility<\/span> or program operated, licensed, or funded by the Department<\/span>, excluding those operated by the Department<\/span> of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual<\/span> receiving care or treatment for mental illness<\/span>, developmental disabilities, or substance abuse<\/span>. Examples of abuse include acts such as:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Rape<\/span>, sexual assault<\/span>, or other criminal sexual behavior; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Assault<\/span> or battery<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Use of language that demeans, threatens, intimidates, or humiliates the individual<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Misuse or misappropriation of the individual<\/span>’s assets<\/span>, goods, or property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Use of excessive force when placing an individual<\/span> in physical or mechanical restraint; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Use of physical or mechanical restraints on an individual<\/span> that is not in compliance with federal and state<\/span> laws<\/span>, regulations, and policies, professionally accepted standards of practice, or his individualized services plan; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with his individualized services plan.\n\t\t\t“Administrative policy community services board<\/span>” or “administrative policy board<\/span>” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500<\/a> et seq.) that is appointed by and accountable to the governing body of each city and county that established it to set policy for and administer the provision of mental health, developmental, and substance abuse services. The “administrative policy community services board<\/span>” or “administrative policy board<\/span>” denotes the board, the members of which are appointed pursuant to § 37.2-501<\/a> with the powers and duties enumerated in subsection A of § 37.2-504<\/a> and § 37.2-505<\/a>. Mental health, developmental, and substance abuse services are provided through local government staff or through contracts<\/span> with other organizations and providers.

\t\t\t“Behavioral health authority<\/span>” or “authority” means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ 37.2-600<\/a> et seq.) that is appointed by and accountable to the governing body of the city or county that established it for the provision of mental health, developmental, and substance abuse services. “Behavioral health authority<\/span>” or “authority” also includes the organization that provides these services through its own staff or through contracts<\/span> with other organizations and providers.

\t\t\t“Behavioral health services<\/span>” means the full range of mental health and substance abuse services.

\t\t\t“Board” means the State Board of Behavioral Health and Developmental Services<\/span>.

\t\t\t“Commissioner<\/span>” means the Commissioner<\/span> of Behavioral Health and Developmental Services<\/span>.

\t\t\t“Community services board<\/span>” means the public body established pursuant to § 37.2-501<\/a> that provides mental health, developmental, and substance abuse services within each city and county that established it; the term “community services board<\/span>” shall include administrative policy community services boards<\/span>, operating community services boards<\/span>, and local government departments<\/span> with policy-advisory community services boards<\/span>.

\t\t\t“Department<\/span>” means the Department<\/span> of Behavioral Health and Developmental Services<\/span>.

\t\t\t“Developmental disability<\/span>” means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment, or a combination of mental and physical impairments, other than a sole diagnosis of mental illness<\/span>; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability<\/span> without meeting three or more of the criteria described in clauses (i) through (v) if the individual, without services and supports, has a high probability of meeting those criteria later in life.

\t\t\t“Developmental services<\/span>” means planned, individualized, and person-centered services and supports provided to individuals<\/span> with developmental disabilities for the purpose of enabling these individuals<\/span> to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.

\t\t\t“Facility<\/span>” means a state or licensed hospital<\/span>, training center<\/span>, psychiatric hospital, or other type of residential or outpatient mental health or developmental services<\/span> facility<\/span>. When modified by the word “state,” “facility<\/span>” means a state hospital<\/span> or training center<\/span> operated by the Department<\/span>, including the buildings and land associated with it.

\t\t\t“Family member<\/span>” means an immediate family member<\/span> of an individual receiving services<\/span> or the principal caregiver of that individual. A principal caregiver is a person who acts in the place of an immediate family member<\/span>, including other relatives and foster care providers, but does not have a proprietary interest in the care of the individual receiving services<\/span>.

\t\t\t“Hospital,” when not modified by the words “state” or “licensed,” means a state hospital<\/span> and a licensed hospital<\/span> that provides care and treatment for persons with mental illness<\/span>.

\t\t\t“Individual receiving services<\/span>” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment<\/span>, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”

\t\t\t“Intellectual disability<\/span>” means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills.

\t\t\t“Licensed hospital<\/span>” means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title.

\t\t\t“Mental health services<\/span>” means planned individualized interventions intended to reduce or ameliorate mental illness<\/span> or the effects of mental illness<\/span> through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals<\/span> with mental illness<\/span> for the purpose of enabling these individuals<\/span> to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible.

\t\t\t“Mental illness<\/span>” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment<\/span>, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.

\t\t\t“Neglect<\/span>” means failure by a person or a program or facility<\/span> operated, licensed, or funded by the Department<\/span>, excluding those operated by the Department<\/span> of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness<\/span>, developmental disabilities, or substance abuse.

\t\t\t“Operating community services board<\/span>” or “operating board<\/span>” means the public body organized in accordance with the provisions of Chapter 5 (§ 37.2-500<\/a> et seq.) that is appointed by and accountable to the governing body of each city and county that established it for the direct provision of mental health, developmental, and substance abuse services. The “operating community services board<\/span>” or “operating board<\/span>” denotes the board, the members of which are appointed pursuant to § 37.2-501<\/a> with the powers and duties enumerated in subsection A of § 37.2-504<\/a> and § 37.2-505<\/a>. “Operating community services board<\/span>” or “operating board<\/span>” also includes the organization that provides such services, through its own staff or through contracts<\/span> with other organizations and providers.

\t\t\t“Performance contract<\/span>” means the annual agreement negotiated and entered into by a community services board<\/span> or behavioral health authority<\/span> with the Department<\/span> through which it provides state and federal funds appropriated for mental health, developmental, and substance abuse services to that community services board<\/span> or behavioral health authority<\/span>.

\t\t\t“Policy-advisory community services board<\/span>” or “policy-advisory board<\/span>” means the public body organized in accordance with the provisions of Chapter 5 that is appointed by and accountable to the governing body of each city or county that established it to provide advice on policy matters to the local government department<\/span> that provides mental health, developmental, and substance abuse services pursuant to subsection A of § 37.2-504<\/a> and § 37.2-505<\/a>. The “policy-advisory community services board<\/span>” or “policy-advisory board<\/span>” denotes the board, the members of which are appointed pursuant to § 37.2-501<\/a> with the powers and duties enumerated in subsection B of § 37.2-504<\/a>.

\t\t\t“Service area<\/span>” means the city or county or combination of cities and counties or counties or cities that is served by a community services board<\/span> or behavioral health authority<\/span> or the cities and counties that are served by a state facility<\/span>.

\t\t\t“Special justice<\/span>” means a person appointed by a chief judge<\/span> of a judicial circuit<\/span> for the purpose of performing the duties of a judge pursuant to § 37.2-803<\/a>.

\t\t\t“State hospital<\/span>” means a hospital, psychiatric institute, or other institution operated by the Department<\/span> that provides care and treatment for persons with mental illness<\/span>.

\t\t\t“Substance abuse” means the use of drugs, enumerated in the Virginia Drug Control Act (§ 54.1-3400<\/a> et seq.), without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care.

\t\t\t“Training center<\/span>” means a facility<\/span> operated by the Department<\/span> that provides training, habilitation, or other individually focused supports to persons with intellectual disability<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 37.2-100)\n\nAs used in this title, unless the context requires a different\nmeaning:\t\t“Abuse” means any act or failure to act by an employee or\nother person responsible for the care of an individual in a facility or program\noperated, licensed, or funded by the Department, excluding those operated by the\nDepartment of Corrections, that was performed or was failed to be performed\nknowingly, recklessly, or intentionally, and that caused or might have caused\nphysical or psychological harm, injury, or death to an individual receiving care\nor treatment for mental illness, developmental disabilities, or substance abuse.\nExamples of abuse include acts such as:\n\n1. Rape, sexual assault, or other criminal sexual behavior;\n\n2. Assault or battery;\n\n3. Use of language that demeans, threatens, intimidates, or humiliates the\nindividual;\n\n4. Misuse or misappropriation of the individual’s assets, goods, or\nproperty;\n\n5. Use of excessive force when placing an individual in physical or mechanical\nrestraint;\n\n6. Use of physical or mechanical restraints on an individual that is not in\ncompliance with federal and state laws, regulations, and policies,\nprofessionally accepted standards of practice, or his individualized services\nplan; and\n\n7. Use of more restrictive or intensive services or denial of services to punish\nan individual or that is not consistent with his individualized services plan.\n\t\t\t“Administrative policy community services board” or\n“administrative policy board” means the public body organized in\naccordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is\nappointed by and accountable to the governing body of each city and county that\nestablished it to set policy for and administer the provision of mental health,\ndevelopmental, and substance abuse services. The “administrative policy\ncommunity services board” or “administrative policy board”\ndenotes the board, the members of which are appointed pursuant to §\n37.2-501 with the powers and duties enumerated in subsection A of §\n37.2-504 and § 37.2-505. Mental health, developmental, and substance abuse\nservices are provided through local government staff or through contracts with\nother organizations and providers.\t\t\t“Behavioral health authority”\nor “authority” means a public body and a body corporate and politic\norganized in accordance with the provisions of Chapter 6 (§ 37.2-600 et\nseq.) that is appointed by and accountable to the governing body of the city or\ncounty that established it for the provision of mental health, developmental,\nand substance abuse services. “Behavioral health authority” or\n“authority” also includes the organization that provides these\nservices through its own staff or through contracts with other organizations and\nproviders.\t\t\t“Behavioral health services” means the full range of\nmental health and substance abuse services.\t\t\t“Board” means the\nState Board of Behavioral Health and Developmental\nServices.\t\t\t“Commissioner” means the Commissioner of Behavioral\nHealth and Developmental Services.\t\t\t“Community services board”\nmeans the public body established pursuant to § 37.2-501 that provides\nmental health, developmental, and substance abuse services within each city and\ncounty that established it; the term “community services board”\nshall include administrative policy community services boards, operating\ncommunity services boards, and local government departments with policy-advisory\ncommunity services boards.\t\t\t“Department” means the Department of\nBehavioral Health and Developmental Services.\t\t\t“Developmental\ndisability” means a severe, chronic disability of an individual that (i)\nis attributable to a mental or physical impairment, or a combination of mental\nand physical impairments, other than a sole diagnosis of mental illness; (ii) is\nmanifested before the individual reaches 22 years of age; (iii) is likely to\ncontinue indefinitely; (iv) results in substantial functional limitations in\nthree or more of the following areas of major life activity: self-care,\nreceptive and expressive language, learning, mobility, self-direction, capacity\nfor independent living, or economic self-sufficiency; and (v) reflects the\nindividual’s need for a combination and sequence of special\ninterdisciplinary or generic services, individualized supports, or other forms\nof assistance that are of lifelong or extended duration and are individually\nplanned and coordinated. An individual from birth to age nine, inclusive, who\nhas a substantial developmental delay or specific congenital or acquired\ncondition may be considered to have a developmental disability without meeting\nthree or more of the criteria described in clauses (i) through (v) if the\nindividual, without services and supports, has a high probability of meeting\nthose criteria later in life.\t\t\t“Developmental services” means\nplanned, individualized, and person-centered services and supports provided to\nindividuals with developmental disabilities for the purpose of enabling these\nindividuals to increase their self-determination and independence, obtain\nemployment, participate fully in all aspects of community life, advocate for\nthemselves, and achieve their fullest potential to the greatest extent\npossible.\t\t\t“Facility” means a state or licensed hospital, training\ncenter, psychiatric hospital, or other type of residential or outpatient mental\nhealth or developmental services facility. When modified by the word\n“state,” “facility” means a state hospital or training\ncenter operated by the Department, including the buildings and land associated\nwith it.\t\t\t“Family member” means an immediate family member of an\nindividual receiving services or the principal caregiver of that individual. A\nprincipal caregiver is a person who acts in the place of an immediate family\nmember, including other relatives and foster care providers, but does not have a\nproprietary interest in the care of the individual receiving\nservices.\t\t\t“Hospital,” when not modified by the words\n“state” or “licensed,” means a state hospital and a\nlicensed hospital that provides care and treatment for persons with mental\nillness.\t\t\t“Individual receiving services” or\n“individual” means a current direct recipient of public or private\nmental health, developmental, or substance abuse treatment, rehabilitation, or\nhabilitation services and includes the terms “consumer,”\n“patient,” “resident,” “recipient,” or\n“client.”\t\t\t“Intellectual disability” means a\ndisability, originating before the age of 18 years, characterized concurrently\nby (i) significant subaverage intellectual functioning as demonstrated by\nperformance on a standardized measure of intellectual functioning, administered\nin conformity with accepted professional practice, that is at least two standard\ndeviations below the mean and (ii) significant limitations in adaptive behavior\nas expressed in conceptual, social, and practical adaptive\nskills.\t\t\t“Licensed hospital” means a hospital or institution,\nincluding a psychiatric unit of a general hospital, that is licensed pursuant to\nthe provisions of this title.\t\t\t“Mental health services” means\nplanned individualized interventions intended to reduce or ameliorate mental\nillness or the effects of mental illness through care, treatment, counseling,\nrehabilitation, medical or psychiatric care, or other supports provided to\nindividuals with mental illness for the purpose of enabling these individuals to\nincrease their self-determination and independence, obtain remunerative\nemployment, participate fully in all aspects of community life, advocate for\nthemselves, and achieve their fullest potential to the greatest extent\npossible.\t\t\t“Mental illness” means a disorder of thought, mood,\nemotion, perception, or orientation that significantly impairs judgment,\nbehavior, capacity to recognize reality, or ability to address basic life\nnecessities and requires care and treatment for the health, safety, or recovery\nof the individual or for the safety of others.\t\t\t“Neglect” means\nfailure by a person or a program or facility operated, licensed, or funded by\nthe Department, excluding those operated by the Department of Corrections,\nresponsible for providing services to do so, including nourishment, treatment,\ncare, goods, or services necessary to the health, safety, or welfare of an\nindividual receiving care or treatment for mental illness, developmental\ndisabilities, or substance abuse.\t\t\t“Operating community services\nboard” or “operating board” means the public body organized in\naccordance with the provisions of Chapter 5 (§ 37.2-500 et seq.) that is\nappointed by and accountable to the governing body of each city and county that\nestablished it for the direct provision of mental health, developmental, and\nsubstance abuse services. The “operating community services board”\nor “operating board” denotes the board, the members of which are\nappointed pursuant to § 37.2-501 with the powers and duties enumerated in\nsubsection A of § 37.2-504 and § 37.2-505. “Operating community\nservices board” or “operating board” also includes the\norganization that provides such services, through its own staff or through\ncontracts with other organizations and providers.\t\t\t“Performance\ncontract” means the annual agreement negotiated and entered into by a\ncommunity services board or behavioral health authority with the Department\nthrough which it provides state and federal funds appropriated for mental\nhealth, developmental, and substance abuse services to that community services\nboard or behavioral health authority.\t\t\t“Policy-advisory community\nservices board” or “policy-advisory board” means the public\nbody organized in accordance with the provisions of Chapter 5 that is appointed\nby and accountable to the governing body of each city or county that established\nit to provide advice on policy matters to the local government department that\nprovides mental health, developmental, and substance abuse services pursuant to\nsubsection A of § 37.2-504 and § 37.2-505. The “policy-advisory\ncommunity services board” or “policy-advisory board” denotes\nthe board, the members of which are appointed pursuant to § 37.2-501 with\nthe powers and duties enumerated in subsection B of §\n37.2-504.\t\t\t“Service area” means the city or county or combination\nof cities and counties or counties or cities that is served by a community\nservices board or behavioral health authority or the cities and counties that\nare served by a state facility.\t\t\t“Special justice” means a person\nappointed by a chief judge of a judicial circuit for the purpose of performing\nthe duties of a judge pursuant to § 37.2-803.\t\t\t“State\nhospital” means a hospital, psychiatric institute, or other institution\noperated by the Department that provides care and treatment for persons with\nmental illness.\t\t\t“Substance abuse” means the use of drugs,\nenumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.), without\na compelling medical reason or alcohol that (i) results in psychological or\nphysiological dependence or danger to self or others as a function of continued\nand compulsive use or (ii) results in mental, emotional, or physical impairment\nthat causes socially dysfunctional or socially disordering behavior and (iii),\nbecause of such substance abuse, requires care and treatment for the health of\nthe individual. This care and treatment may include counseling, rehabilitation,\nor medical or psychiatric care.\t\t\t“Training center” means a facility\noperated by the Department that provides training, habilitation, or other\nindividually focused supports to persons with intellectual disability.\n\nHISTORY: Code 1950, \u00a7\u00a7 37-1.1, 37-34.2:1, 37-254.1; 1950, pp. 899, 935; 1954,\nc. 668; 1958, c. 556; 1960, c. 133; 1964, cc. 483, 640; 1968, c. 477, \u00a7 37.1-1;\n1972, cc. 635, 639; 1973, c. 465; 1974, c. 301; 1976, cc. 671, 767, \u00a7 37.1-203;\n1979, c. 54; 1980, c. 582; 1982, c. 50; 1983, c. 538; 1984, c. 209; 1987, c.\n413; 1994, c. 939; 1995, c. 693, \u00a7 15.1-1677; 1996, c. 861; 1997, c. 587, \u00a7\n37.1-243; 1998, cc. 680, 724, \u00a7 37.1-194.1; 1999, c. 969; 2005, c. 716; 2009,\ncc. 813, 840; 2012, cc. 476, 507; 2015, c. 750; 2017, c. 458.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}