{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-504.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-504.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-504.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-504.html"}],"law_id":65222,"edition_id":1,"section_id":65222,"structure_id":13299,"section_number":"37.2-504","catch_line":"Community services boards; local government departments; powers and duties","history":"1968, c. 477, \u00a7 37.1-197; 1970, c. 346; 1972, c. 498; 1976, c. 671; 1977, c. 191; 1980, c. 582; 1982, c. 50; 1984, cc. 496, 505; 1986, c. 92; 1987, c. 79; 1995, c. 844; 1998, c. 680; 2005, cc. 75, 716; 2012, cc. 476, 507, 803, 805, 835, 836; 2022, c. 264.","full_text":"A\n\nEvery operating and administrative policy community services board and local government department with a policy-advisory board shall have the following powers and duties:1\n\nReview and evaluate public and private community mental health, developmental, and substance abuse services and facilities that receive funds from it and advise the governing body of each city or county that established it as to its findings.2\n\nPursuant to § 37.2-508, submit to the governing body of each city or county that established it a performance contract for community mental health, developmental, and substance abuse services for its approval prior to submission of the contract to the Department.3\n\nWithin amounts appropriated for this purpose, provide services authorized under the performance contract.4\n\nIn accordance with its approved performance contract, enter into contracts with other providers for the delivery of services or operation of facilities.5\n\nIn the case of operating and administrative policy boards, make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and regulations adopted by the Board.6\n\nIn the case of an operating board, appoint an executive director of community mental health, developmental, and substance abuse services, who meets the minimum qualifications established by the Department, and prescribe his duties. The compensation of the executive director shall be fixed by the operating board within the amounts made available by appropriation for this purpose. The executive director shall serve at the pleasure of the operating board and be employed under an annually renewable contract that contains performance objectives and evaluation criteria. For an operating board, the Department shall approve the selection of the executive director for adherence to minimum qualifications established by the Department and the salary range of the executive director. In the case of an administrative policy board, the board shall participate with local government in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse services, who meets the minimum qualifications established by the Department, and prescribe his duties. The compensation of the executive director shall be fixed by local government in consultation with the administrative policy board within the amounts made available by appropriation for this purpose. In the case of a local government department with a policy-advisory board, the director of the local government department shall serve as the executive director. The policy-advisory board shall participate in the selection and the annual performance evaluation of the executive director, who meets the minimum qualifications established by the Department. The compensation of the executive director shall be fixed by local government in consultation with the policy-advisory board within the amounts made available by appropriation for this purpose.7\n\nPrescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the board and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract submitted to the local governing body or bodies pursuant to subdivision 2 and § 37.2-508 and shall be used only for community mental health, developmental, and substance abuse services purposes. Every board shall institute a reimbursement system to maximize the collection of fees from individuals receiving services under its jurisdiction or supervision, consistent with the provisions of § 37.2-511, and from responsible third party payors. Boards shall not attempt to bill or collect fees for time spent participating in commitment hearings for involuntary admissions pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8.8\n\nAccept or refuse gifts, donations, bequests, or grants of money or property from any source and utilize them as authorized by the governing body of each city or county that established it.9\n\nSeek and accept funds through federal grants. In accepting federal grants, the board shall not bind the governing body of any city or county that established it to any expenditures or conditions of acceptance without the prior approval of the governing body.10\n\nNotwithstanding any provision of law to the contrary, disburse funds appropriated to it in accordance with such regulations as may be established by the governing body of each city or county that established it.11\n\nApply for and accept loans as authorized by the governing body of each city or county that established it.12\n\nDevelop joint written agreements, consistent with policies adopted by the Board, with local school divisions; health departments; boards of social services; housing agencies, where they exist; courts; sheriffs; area agencies on aging; and regional offices of the Department for Aging and Rehabilitative Services. The agreements shall specify the services to be provided to individuals. All participating agencies shall develop and implement the agreements and shall review the agreements annually.13\n\nTake all necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation.14\n\nInstitute, singly or in combination with other community services boards or behavioral health authorities, a dispute resolution mechanism that is approved by the Department and enables individuals receiving services and family members of individuals receiving services to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the community services board.15\n\nNotwithstanding the provisions of § 37.2-400 or any regulations adopted thereunder, release data and information about each individual receiving services to the Department so long as the Department implements procedures to protect the confidentiality of that data and information.16\n\nIn the case of administrative policy boards and local government departments with policy-advisory boards, carry out other duties and responsibilities as assigned by the governing body of each city or county that established it.17\n\nIn the case of an operating board, have authority, notwithstanding any provision of law to the contrary, to receive state and federal funds directly from the Department and act as its own fiscal agent, when authorized to do so by the governing body of each city or county that established it.\n\t\t\t\tBy local agreement between the administrative policy board and the governing body of the city or county that established it, additional responsibilities may be carried out by the local government, including personnel or financial management. In the case of an administrative policy board established by more than one city or county, the cities and counties shall designate which local government shall assume these responsibilities.B\n\nEvery policy-advisory community services board, with staff support provided by the director of the local government department, shall have the following powers and duties:1\n\nAdvise the local government regarding policies or regulations for the delivery of services and operation of facilities by the local government department, subject to applicable policies and regulations adopted by the Board.2\n\nReview and evaluate the operations of the local government department and advise the local governing body of each city or county that established it as to its findings.3\n\nReview the community mental health, developmental, and substance abuse services provided by the local government department and advise the local governing body of each city or county that established it as to its findings.4\n\nReview and comment on the performance contract, and performance reports developed by the local government department. The board’s comments shall be attached to the performance contract and performance reports prior to their submission to the local governing body of each city or county that established it and to the Department.5\n\nAdvise the local government as to the necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation.6\n\nParticipate in the selection and the annual performance evaluation of the local government department director employed by the city or county.7\n\nCarry out other duties and responsibilities as assigned by the governing body of each city or county that established it.","order_by":null,"text":{"0":{"id":237219,"text":"Every operating and administrative policy community services board and local government department with a policy-advisory board shall have the following powers and duties:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":237220,"text":"Review and evaluate public and private community mental health, developmental, and substance abuse services and facilities that receive funds from it and advise the governing body of each city or county that established it as to its findings.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":237221,"text":"Pursuant to § 37.2-508, submit to the governing body of each city or county that established it a performance contract for community mental health, developmental, and substance abuse services for its approval prior to submission of the contract to the Department.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":237222,"text":"Within amounts appropriated for this purpose, provide services authorized under the performance contract.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":237223,"text":"In accordance with its approved performance contract, enter into contracts with other providers for the delivery of services or operation of facilities.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":237224,"text":"In the case of operating and administrative policy boards, make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and regulations adopted by the Board.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":237225,"text":"In the case of an operating board, appoint an executive director of community mental health, developmental, and substance abuse services, who meets the minimum qualifications established by the Department, and prescribe his duties. The compensation of the executive director shall be fixed by the operating board within the amounts made available by appropriation for this purpose. The executive director shall serve at the pleasure of the operating board and be employed under an annually renewable contract that contains performance objectives and evaluation criteria. For an operating board, the Department shall approve the selection of the executive director for adherence to minimum qualifications established by the Department and the salary range of the executive director. In the case of an administrative policy board, the board shall participate with local government in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse services, who meets the minimum qualifications established by the Department, and prescribe his duties. The compensation of the executive director shall be fixed by local government in consultation with the administrative policy board within the amounts made available by appropriation for this purpose. In the case of a local government department with a policy-advisory board, the director of the local government department shall serve as the executive director. The policy-advisory board shall participate in the selection and the annual performance evaluation of the executive director, who meets the minimum qualifications established by the Department. The compensation of the executive director shall be fixed by local government in consultation with the policy-advisory board within the amounts made available by appropriation for this purpose.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":237226,"text":"Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the board and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract submitted to the local governing body or bodies pursuant to subdivision 2 and § 37.2-508 and shall be used only for community mental health, developmental, and substance abuse services purposes. Every board shall institute a reimbursement system to maximize the collection of fees from individuals receiving services under its jurisdiction or supervision, consistent with the provisions of § 37.2-511, and from responsible third party payors. Boards shall not attempt to bill or collect fees for time spent participating in commitment hearings for involuntary admissions pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":237227,"text":"Accept or refuse gifts, donations, bequests, or grants of money or property from any source and utilize them as authorized by the governing body of each city or county that established it.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":237228,"text":"Seek and accept funds through federal grants. In accepting federal grants, the board shall not bind the governing body of any city or county that established it to any expenditures or conditions of acceptance without the prior approval of the governing body.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":237229,"text":"Notwithstanding any provision of law to the contrary, disburse funds appropriated to it in accordance with such regulations as may be established by the governing body of each city or county that established it.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":237230,"text":"Apply for and accept loans as authorized by the governing body of each city or county that established it.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":237231,"text":"Develop joint written agreements, consistent with policies adopted by the Board, with local school divisions; health departments; boards of social services; housing agencies, where they exist; courts; sheriffs; area agencies on aging; and regional offices of the Department for Aging and Rehabilitative Services. The agreements shall specify the services to be provided to individuals. All participating agencies shall develop and implement the agreements and shall review the agreements annually.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":237232,"text":"Take all necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":237233,"text":"Institute, singly or in combination with other community services boards or behavioral health authorities, a dispute resolution mechanism that is approved by the Department and enables individuals receiving services and family members of individuals receiving services to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the community services board.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":237234,"text":"Notwithstanding the provisions of § 37.2-400 or any regulations adopted thereunder, release data and information about each individual receiving services to the Department so long as the Department implements procedures to protect the confidentiality of that data and information.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":237235,"text":"In the case of administrative policy boards and local government departments with policy-advisory boards, carry out other duties and responsibilities as assigned by the governing body of each city or county that established it.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":237236,"text":"In the case of an operating board, have authority, notwithstanding any provision of law to the contrary, to receive state and federal funds directly from the Department and act as its own fiscal agent, when authorized to do so by the governing body of each city or county that established it.\n\t\t\t\tBy local agreement between the administrative policy board and the governing body of the city or county that established it, additional responsibilities may be carried out by the local government, including personnel or financial management. In the case of an administrative policy board established by more than one city or county, the cities and counties shall designate which local government shall assume these responsibilities.","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"B"},"18":{"id":237237,"text":"Every policy-advisory community services board, with staff support provided by the director of the local government department, shall have the following powers and duties:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A17","next_prefix":"B1"},"19":{"id":237238,"text":"Advise the local government regarding policies or regulations for the delivery of services and operation of facilities by the local government department, subject to applicable policies and regulations adopted by the Board.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"20":{"id":237239,"text":"Review and evaluate the operations of the local government department and advise the local governing body of each city or county that established it as to its findings.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"21":{"id":237240,"text":"Review the community mental health, developmental, and substance abuse services provided by the local government department and advise the local governing body of each city or county that established it as to its findings.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"22":{"id":237241,"text":"Review and comment on the performance contract, and performance reports developed by the local government department. The board’s comments shall be attached to the performance contract and performance reports prior to their submission to the local governing body of each city or county that established it and to the Department.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"23":{"id":237242,"text":"Advise the local government as to the necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"24":{"id":237243,"text":"Participate in the selection and the annual performance evaluation of the local government department director employed by the city or county.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"25":{"id":237244,"text":"Carry out other duties and responsibilities as assigned by the governing body of each city or county that established it.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6"}},"ancestry":[{"id":13299,"edition_id":1,"name":"Community Services Boards","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":210025,"object_type":"structure","relational_id":13299,"identifier":"5","token":"37.2\/II\/5","url":"\/37.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60895,"structure_id":13299,"section_number":"37.2-500","catch_line":"Purpose; community services board; services to be provided","url":"\/37.2-500\/","token":"37.2\/II\/5\/37.2-500","metadata":false},{"id":54288,"structure_id":13299,"section_number":"37.2-501","catch_line":"Community services board; appointment; membership; duties of fiscal agent","url":"\/37.2-501\/","token":"37.2\/II\/5\/37.2-501","metadata":false},{"id":72591,"structure_id":13299,"section_number":"37.2-502","catch_line":"Community services board members; term of office; vacancies; removal","url":"\/37.2-502\/","token":"37.2\/II\/5\/37.2-502","metadata":false},{"id":73882,"structure_id":13299,"section_number":"37.2-503","catch_line":"Compensation of community services board members","url":"\/37.2-503\/","token":"37.2\/II\/5\/37.2-503","metadata":false},{"id":65222,"structure_id":13299,"section_number":"37.2-504","catch_line":"Community services boards; local government departments; powers and duties","url":"\/37.2-504\/","token":"37.2\/II\/5\/37.2-504","metadata":false},{"id":62018,"structure_id":13299,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","url":"\/37.2-505\/","token":"37.2\/II\/5\/37.2-505","metadata":false},{"id":75347,"structure_id":13299,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-506\/","token":"37.2\/II\/5\/37.2-506","metadata":false},{"id":61726,"structure_id":13299,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-506.1\/","token":"37.2\/II\/5\/37.2-506.1","metadata":false},{"id":63221,"structure_id":13299,"section_number":"37.2-507","catch_line":"Repealed","url":"\/37.2-507\/","token":"37.2\/II\/5\/37.2-507","metadata":false},{"id":61165,"structure_id":13299,"section_number":"37.2-508","catch_line":"Performance contract for mental health, developmental, and substance abuse services","url":"\/37.2-508\/","token":"37.2\/II\/5\/37.2-508","metadata":false},{"id":77016,"structure_id":13299,"section_number":"37.2-509","catch_line":"Mental health, developmental, and substance abuse services; allocation of funds by Department; reduction of funds","url":"\/37.2-509\/","token":"37.2\/II\/5\/37.2-509","metadata":false},{"id":76062,"structure_id":13299,"section_number":"37.2-510","catch_line":"Community services board; withdrawal of county or city","url":"\/37.2-510\/","token":"37.2\/II\/5\/37.2-510","metadata":false},{"id":73736,"structure_id":13299,"section_number":"37.2-511","catch_line":"Liability for expenses of services","url":"\/37.2-511\/","token":"37.2\/II\/5\/37.2-511","metadata":false},{"id":86688,"structure_id":13299,"section_number":"37.2-512","catch_line":"Authority to enter into joint agreements","url":"\/37.2-512\/","token":"37.2\/II\/5\/37.2-512","metadata":false},{"id":72496,"structure_id":13299,"section_number":"37.2-513","catch_line":"Information about services to be made available to courts","url":"\/37.2-513\/","token":"37.2\/II\/5\/37.2-513","metadata":false}],"previous_section":{"id":73882,"structure_id":13299,"section_number":"37.2-503","catch_line":"Compensation of community services board members","url":"\/37.2-503\/","token":"37.2\/II\/5\/37.2-503","metadata":false},"next_section":{"id":62018,"structure_id":13299,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","url":"\/37.2-505\/","token":"37.2\/II\/5\/37.2-505","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-504\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 477 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1970, chapter 346; in 1972, chapter 498; in 1976, chapter 671; in 1977, chapter 191; in 1980, chapter 582; in 1982, chapter 50; in 1984, chapters 496 and 505; in 1986, chapter 92; in 1987, chapter 79; in 1995, chapter 844<\/a>; in 1998, chapter 680<\/a>; in 2005, chapters 75<\/a> and 716<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 803<\/a>, 805<\/a>, 835<\/a>, and 836<\/a>; in 2022, chapter 264<\/a>.<\/p>","references":[{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":54288,"section_number":"37.2-501","catch_line":"Community services board; appointment; membership; duties of fiscal agent","order_by":null,"url":"\/37.2-501\/"},{"id":86688,"section_number":"37.2-512","catch_line":"Authority to enter into joint agreements","order_by":null,"url":"\/37.2-512\/"}],"refers_to":[{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"id":61165,"section_number":"37.2-508","catch_line":"Performance contract for mental health, developmental, and substance abuse services","order_by":null,"url":"\/37.2-508\/"},{"id":73736,"section_number":"37.2-511","catch_line":"Liability for expenses of services","order_by":null,"url":"\/37.2-511\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"}],"permalink":{"id":210043,"object_type":"law","relational_id":65222,"identifier":"37.2-504","token":"37.2\/II\/5\/37.2-504","url":"\/37.2-504\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-504\/","token":"37.2\/II\/5\/37.2-504","dublin_core":{"Title":"Community services boards; local government departments; powers and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-504","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every operating and administrative policy community services board<\/span><\/span> and local government department<\/span> with a policy-advisory board<\/span> shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Review and evaluate public and private community mental health, developmental, and substance abuse<\/span> services and facilities that receive funds from it and advise the governing body of each city or county that established it as to its findings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pursuant to § 37.2-508<\/a>, submit to the governing body of each city or county that established it a performance contract<\/span> for community mental health, developmental, and substance abuse<\/span> services for its approval prior to submission of the contract to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Within amounts appropriated for this purpose, provide services authorized under the performance contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In accordance with its approved performance contract<\/span>, enter into contracts<\/span> with other providers for the delivery of services or operation of facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In the case of operating and administrative policy boards<\/span>, make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and regulations adopted by the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In the case of an operating board<\/span>, appoint an executive director of community mental health, developmental, and substance abuse<\/span> services, who meets the minimum qualifications established by the Department<\/span>, and prescribe his duties. The compensation of the executive director shall be fixed by the operating board<\/span> within the amounts made available by appropriation for this purpose. The executive director shall serve at the pleasure of the operating board<\/span> and be employed under an annually renewable contract that contains performance objectives and evaluation criteria. For an operating board<\/span>, the Department<\/span> shall approve the selection of the executive director for adherence to minimum qualifications established by the Department<\/span> and the salary range of the executive director. In the case of an administrative policy board<\/span>, the board shall participate with local government in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse<\/span> services, who meets the minimum qualifications established by the Department<\/span>, and prescribe his duties. The compensation of the executive director shall be fixed by local government in consultation with the administrative policy board<\/span> within the amounts made available by appropriation for this purpose. In the case of a local government department<\/span> with a policy-advisory board<\/span>, the director of the local government department<\/span> shall serve as the executive director. The policy-advisory board<\/span> shall participate in the selection and the annual performance evaluation of the executive director, who meets the minimum qualifications established by the Department<\/span>. The compensation of the executive director shall be fixed by local government in consultation with the policy-advisory board<\/span> within the amounts made available by appropriation for this purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction<\/span> or supervision of the board and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract<\/span> submitted to the local governing body or bodies pursuant to subdivision 2 and § 37.2-508<\/a> and shall be used only for community mental health, developmental, and substance abuse<\/span> services purposes. Every board shall institute a reimbursement system to maximize the collection of fees from individuals<\/span> receiving services under its jurisdiction<\/span> or supervision, consistent with the provisions of § 37.2-511<\/a>, and from responsible third party<\/span> payors. Boards shall not attempt to bill or collect fees for time spent participating in commitment hearings<\/span> for involuntary admissions pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Accept or refuse gifts, donations, bequests, or grants of money or property from any source and utilize them as authorized by the governing body of each city or county that established it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Seek and accept funds through federal grants. In accepting federal grants, the board shall not bind the governing body of any city or county that established it to any expenditures or conditions of acceptance without the prior approval of the governing body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Notwithstanding any provision of law<\/span> to the contrary, disburse funds appropriated to it in accordance with such regulations as may be established by the governing body of each city or county that established it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Apply for and accept loans as authorized by the governing body of each city or county that established it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Develop joint written agreements, consistent with policies adopted by the Board, with local school divisions; health departments<\/span>; boards of social services; housing agencies, where they exist; courts<\/span>; sheriffs; area agencies on aging; and regional offices of the Department<\/span> for Aging and Rehabilitative Services. The agreements shall specify the services to be provided to individuals<\/span>. All participating agencies shall develop and implement the agreements and shall review the agreements annually. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Take all necessary and appropriate actions to maximize the involvement and participation of individuals<\/span> receiving services and family members<\/span> of individuals<\/span> receiving services in policy formulation and services planning, delivery, and evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Institute, singly or in combination with other community services boards<\/span> or behavioral health authorities, a dispute resolution mechanism that is approved by the Department<\/span> and enables individuals<\/span> receiving services and family members<\/span> of individuals<\/span> receiving services to resolve concerns, issues<\/span>, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the community services board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Notwithstanding the provisions of § 37.2-400<\/a> or any regulations adopted thereunder, release data and information about each individual receiving services<\/span> to the Department<\/span> so long as the Department<\/span> implements procedures to protect the confidentiality of that data and information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> In the case of administrative policy boards<\/span> and local government departments<\/span> with policy-advisory boards<\/span>, carry out other duties and responsibilities as assigned by the governing body of each city or county that established it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> In the case of an operating board<\/span>, have authority<\/span>, notwithstanding any provision of law<\/span> to the contrary, to receive state<\/span> and federal funds directly from the Department<\/span> and act as its own fiscal agent, when authorized to do so by the governing body of each city or county that established it.\n\t\t\t\tBy local agreement between the administrative policy board<\/span> and the governing body of the city or county that established it, additional responsibilities may be carried out by the local government, including personnel or financial management. In the case of an administrative policy board<\/span> established by more than one city or county, the cities and counties shall designate which local government shall assume these responsibilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every policy-advisory community services board<\/span><\/span>, with staff support provided by the director of the local government department<\/span>, shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Advise the local government regarding policies or regulations for the delivery of services and operation of facilities by the local government department<\/span>, subject to applicable policies and regulations adopted by the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Review and evaluate the operations of the local government department<\/span> and advise the local governing body of each city or county that established it as to its findings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Review the community mental health, developmental, and substance abuse<\/span> services provided by the local government department<\/span> and advise the local governing body of each city or county that established it as to its findings<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Review and comment on the performance contract<\/span>, and performance reports developed by the local government department<\/span>. The board’s comments shall be attached to the performance contract<\/span> and performance reports prior to their submission to the local governing body of each city or county that established it and to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Advise the local government as to the necessary and appropriate actions to maximize the involvement and participation of individuals<\/span> receiving services and family members<\/span> of individuals<\/span> receiving services in policy formulation and services planning, delivery, and evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Participate in the selection and the annual performance evaluation of the local government department<\/span> director employed by the city or county. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Carry out other duties and responsibilities as assigned by the governing body of each city or county that established it. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMUNITY SERVICES BOARDS; LOCAL GOVERNMENT DEPARTMENTS; POWERS AND DUTIES (\u00a7\n37.2-504)\n\nA. Every operating and administrative policy community services board and local\ngovernment department with a policy-advisory board shall have the following\npowers and duties:\n\n 1. Review and evaluate public and private community mental health,\n developmental, and substance abuse services and facilities that receive funds\n from it and advise the governing body of each city or county that established\n it as to its findings.\n\n 2. Pursuant to § 37.2-508, submit to the governing body of each city or\n county that established it a performance contract for community mental health,\n developmental, and substance abuse services for its approval prior to\n submission of the contract to the Department.\n\n 3. Within amounts appropriated for this purpose, provide services authorized\n under the performance contract.\n\n 4. In accordance with its approved performance contract, enter into contracts\n with other providers for the delivery of services or operation of facilities.\n\n 5. In the case of operating and administrative policy boards, make policies or\n regulations concerning the delivery of services and operation of facilities\n under its direction or supervision, subject to applicable policies and\n regulations adopted by the Board.\n\n 6. In the case of an operating board, appoint an executive director of\n community mental health, developmental, and substance abuse services, who\n meets the minimum qualifications established by the Department, and prescribe\n his duties. The compensation of the executive director shall be fixed by the\n operating board within the amounts made available by appropriation for this\n purpose. The executive director shall serve at the pleasure of the operating\n board and be employed under an annually renewable contract that contains\n performance objectives and evaluation criteria. For an operating board, the\n Department shall approve the selection of the executive director for adherence\n to minimum qualifications established by the Department and the salary range\n of the executive director. In the case of an administrative policy board, the\n board shall participate with local government in the appointment and annual\n performance evaluation of an executive director of community mental health,\n developmental, and substance abuse services, who meets the minimum\n qualifications established by the Department, and prescribe his duties. The\n compensation of the executive director shall be fixed by local government in\n consultation with the administrative policy board within the amounts made\n available by appropriation for this purpose. In the case of a local government\n department with a policy-advisory board, the director of the local government\n department shall serve as the executive director. The policy-advisory board\n shall participate in the selection and the annual performance evaluation of\n the executive director, who meets the minimum qualifications established by\n the Department. The compensation of the executive director shall be fixed by\n local government in consultation with the policy-advisory board within the\n amounts made available by appropriation for this purpose.\n\n 7. Prescribe a reasonable schedule of fees for services provided by personnel\n or facilities under the jurisdiction or supervision of the board and establish\n procedures for the collection of those fees. All fees collected shall be\n included in the performance contract submitted to the local governing body or\n bodies pursuant to subdivision 2 and § 37.2-508 and shall be used only\n for community mental health, developmental, and substance abuse services\n purposes. Every board shall institute a reimbursement system to maximize the\n collection of fees from individuals receiving services under its jurisdiction\n or supervision, consistent with the provisions of § 37.2-511, and from\n responsible third party payors. Boards shall not attempt to bill or collect\n fees for time spent participating in commitment hearings for involuntary\n admissions pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8.\n\n 8. Accept or refuse gifts, donations, bequests, or grants of money or property\n from any source and utilize them as authorized by the governing body of each\n city or county that established it.\n\n 9. Seek and accept funds through federal grants. In accepting federal grants,\n the board shall not bind the governing body of any city or county that\n established it to any expenditures or conditions of acceptance without the\n prior approval of the governing body.\n\n 10. Notwithstanding any provision of law to the contrary, disburse funds\n appropriated to it in accordance with such regulations as may be established\n by the governing body of each city or county that established it.\n\n 11. Apply for and accept loans as authorized by the governing body of each\n city or county that established it.\n\n 12. Develop joint written agreements, consistent with policies adopted by the\n Board, with local school divisions; health departments; boards of social\n services; housing agencies, where they exist; courts; sheriffs; area agencies\n on aging; and regional offices of the Department for Aging and Rehabilitative\n Services. The agreements shall specify the services to be provided to\n individuals. All participating agencies shall develop and implement the\n agreements and shall review the agreements annually.\n\n 13. Take all necessary and appropriate actions to maximize the involvement and\n participation of individuals receiving services and family members of\n individuals receiving services in policy formulation and services planning,\n delivery, and evaluation.\n\n 14. Institute, singly or in combination with other community services boards\n or behavioral health authorities, a dispute resolution mechanism that is\n approved by the Department and enables individuals receiving services and\n family members of individuals receiving services to resolve concerns, issues,\n or disagreements about services without adversely affecting their access to or\n receipt of appropriate types and amounts of current or future services from\n the community services board.\n\n 15. Notwithstanding the provisions of § 37.2-400 or any regulations\n adopted thereunder, release data and information about each individual\n receiving services to the Department so long as the Department implements\n procedures to protect the confidentiality of that data and information.\n\n 16. In the case of administrative policy boards and local government\n departments with policy-advisory boards, carry out other duties and\n responsibilities as assigned by the governing body of each city or county that\n established it.\n\n 17. In the case of an operating board, have authority, notwithstanding any\n provision of law to the contrary, to receive state and federal funds directly\n from the Department and act as its own fiscal agent, when authorized to do so\n by the governing body of each city or county that established it.\n \t\t\t\tBy local agreement between the administrative policy board and the\n governing body of the city or county that established it, additional\n responsibilities may be carried out by the local government, including\n personnel or financial management. In the case of an administrative policy\n board established by more than one city or county, the cities and counties\n shall designate which local government shall assume these responsibilities.\n\nB. Every policy-advisory community services board, with staff support provided\nby the director of the local government department, shall have the following\npowers and duties:\n\n 1. Advise the local government regarding policies or regulations for the\n delivery of services and operation of facilities by the local government\n department, subject to applicable policies and regulations adopted by the\n Board.\n\n 2. Review and evaluate the operations of the local government department and\n advise the local governing body of each city or county that established it as\n to its findings.\n\n 3. Review the community mental health, developmental, and substance abuse\n services provided by the local government department and advise the local\n governing body of each city or county that established it as to its findings.\n\n 4. Review and comment on the performance contract, and performance reports\n developed by the local government department. The board’s comments shall\n be attached to the performance contract and performance reports prior to\n their submission to the local governing body of each city or county that\n established it and to the Department.\n\n 5. Advise the local government as to the necessary and appropriate actions to\n maximize the involvement and participation of individuals receiving services\n and family members of individuals receiving services in policy formulation and\n services planning, delivery, and evaluation.\n\n 6. Participate in the selection and the annual performance evaluation of the\n local government department director employed by the city or county.\n\n 7. Carry out other duties and responsibilities as assigned by the governing\n body of each city or county that established it.\n\nHISTORY: 1968, c. 477, \u00a7 37.1-197; 1970, c. 346; 1972, c. 498; 1976, c. 671;\n1977, c. 191; 1980, c. 582; 1982, c. 50; 1984, cc. 496, 505; 1986, c. 92; 1987,\nc. 79; 1995, c. 844; 1998, c. 680; 2005, cc. 75, 716; 2012, cc. 476, 507, 803,\n805, 835, 836; 2022, c. 264.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}