{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-717.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-717.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-717.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-717.html"}],"law_id":62149,"edition_id":1,"section_id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","history":"Code 1950, \u00a7\u00a7 37-125.4, 37-125.5; 1950, p. 917; 1956, Ex. Sess., c. 14; 1960, c. 386; 1962, c. 80; 1968, c. 477, \u00a7\u00a7 37.1-108, 37.1-109; 1971, Ex. Sess., c. 257; 1976, c. 671; 1997, cc. 801, 921; 2005, c. 716; 2012, cc. 476, 507.","full_text":"A\n\nThe Department shall investigate and determine which individuals receiving services or parents, guardians, conservators, trustees, or other persons legally responsible for individuals receiving services are financially able to pay the expenses of the care, treatment or training, and maintenance, and the Department shall notify these individuals or their parents, guardians, conservators, trustees, or other legally responsible persons of the expenses of care, treatment or training, and maintenance and, in general, of the provisions of this article.B\n\nThe Department may assess or contract with any individual receiving services or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance to recover care, treatment or training, and maintenance expenses. In arriving at the amount to be paid, the Department shall have due regard for the financial condition and estate of the individual, his present and future needs, and the present and future needs of his lawful dependents. Whenever it is deemed necessary to protect him or his dependents, the Department may assess or agree to accept a monthly sum for the individual’s care, treatment or training, and maintenance that is less than the actual per diem cost, provided that the estate of the individual other than income shall not be depleted below the sum of $500. Nothing contained in this title shall be construed as making any such contract permanently binding upon the Department or prohibiting it from periodically reevaluating the actual per diem cost of care, treatment or training, and maintenance and the financial condition and estate of any individual receiving services, his present and future needs, and the present and future needs of his lawful dependents and entering into a new agreement with the individual or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance, increasing or decreasing the sum to be paid for the individual’s care, treatment or training, and maintenance.C\n\nAll contracts made by and between the Department and any person acting in a fiduciary capacity for any individual receiving services adjudicated to be incapacitated under the provisions of Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 and all assessments made by the Department upon that individual or his fiduciaries, providing for payment of the expenses of such individual in any state facility, shall be subject to the approval of any circuit court having jurisdiction over the incapacitated individual’s estate or for the county or city in which he resides or from which he was admitted to the state facility.","order_by":null,"text":{"0":{"id":226732,"text":"The Department shall investigate and determine which individuals receiving services or parents, guardians, conservators, trustees, or other persons legally responsible for individuals receiving services are financially able to pay the expenses of the care, treatment or training, and maintenance, and the Department shall notify these individuals or their parents, guardians, conservators, trustees, or other legally responsible persons of the expenses of care, treatment or training, and maintenance and, in general, of the provisions of this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226733,"text":"The Department may assess or contract with any individual receiving services or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance to recover care, treatment or training, and maintenance expenses. In arriving at the amount to be paid, the Department shall have due regard for the financial condition and estate of the individual, his present and future needs, and the present and future needs of his lawful dependents. Whenever it is deemed necessary to protect him or his dependents, the Department may assess or agree to accept a monthly sum for the individual’s care, treatment or training, and maintenance that is less than the actual per diem cost, provided that the estate of the individual other than income shall not be depleted below the sum of $500. Nothing contained in this title shall be construed as making any such contract permanently binding upon the Department or prohibiting it from periodically reevaluating the actual per diem cost of care, treatment or training, and maintenance and the financial condition and estate of any individual receiving services, his present and future needs, and the present and future needs of his lawful dependents and entering into a new agreement with the individual or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance, increasing or decreasing the sum to be paid for the individual’s care, treatment or training, and maintenance.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226734,"text":"All contracts made by and between the Department and any person acting in a fiduciary capacity for any individual receiving services adjudicated to be incapacitated under the provisions of Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 and all assessments made by the Department upon that individual or his fiduciaries, providing for payment of the expenses of such individual in any state facility, shall be subject to the approval of any circuit court having jurisdiction over the incapacitated individual’s estate or for the county or city in which he resides or from which he was admitted to the state facility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13547,"edition_id":1,"name":"Expenses of Care, Treatment or Training, and Maintenance","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:45:11","date_modified":"2026-06-26 03:45:11","permalink":{"id":210225,"object_type":"structure","relational_id":13547,"identifier":"2","token":"37.2\/II\/7\/2","url":"\/37.2\/II\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","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":54512,"structure_id":13547,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","url":"\/37.2-715\/","token":"37.2\/II\/7\/2\/37.2-715","metadata":false},{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},{"id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","metadata":false},{"id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","metadata":false},{"id":76873,"structure_id":13547,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/II\/7\/2\/37.2-719","metadata":false},{"id":63671,"structure_id":13547,"section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/II\/7\/2\/37.2-720","metadata":false},{"id":62490,"structure_id":13547,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","url":"\/37.2-721\/","token":"37.2\/II\/7\/2\/37.2-721","metadata":false}],"previous_section":{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},"next_section":{"id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-717\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1960, chapter 386; in 1962, chapter 80; in 1968, chapter 477; in 1976, chapter 671; in 1997, chapters 801<\/a> and 921<\/a>; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":[{"id":62490,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","order_by":null,"url":"\/37.2-721\/"}],"refers_to":[{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"permalink":{"id":210235,"object_type":"law","relational_id":62149,"identifier":"37.2-717","token":"37.2\/II\/7\/2\/37.2-717","url":"\/37.2-717\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","dublin_core":{"Title":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-717","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall investigate and determine which individuals<\/span> receiving services or parents, guardians, conservators, trustees, or other persons legally responsible for individuals<\/span> receiving services are financially able to pay the expenses of the care, treatment or training, and maintenance, and the Department<\/span> shall notify these individuals<\/span> or their parents, guardians, conservators, trustees, or other legally responsible persons of the expenses of care, treatment or training, and maintenance and, in general, of the provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> may assess or contract<\/span> with any individual receiving services<\/span> or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance to recover care, treatment or training, and maintenance expenses. In arriving at the amount to be paid, the Department<\/span> shall have due regard for the financial condition and estate of the individual, his present and future needs, and the present and future needs of his lawful dependents. Whenever it is deemed necessary to protect him or his dependents, the Department<\/span> may assess or agree to accept a monthly sum for the individual’s care, treatment or training, and maintenance that is less than the actual per diem cost, provided that the estate of the individual other than income shall not be depleted below the sum of $500. Nothing contained in this title shall be construed as making any such contract<\/span> permanently binding upon the Department<\/span> or prohibiting it from periodically reevaluating the actual per diem cost of care, treatment or training, and maintenance and the financial condition and estate of any individual receiving services<\/span>, his present and future needs, and the present and future needs of his lawful dependents and entering into a new agreement with the individual or the parent, guardian, conservator, trustee, or other person liable for his support and maintenance, increasing or decreasing the sum to be paid for the individual’s care, treatment or training, and maintenance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All contracts<\/span> made by and between the Department<\/span> and any person acting in a fiduciary capacity for any individual receiving services<\/span> adjudicated to be incapacitated under the provisions of Article 1 (§ 64.2-2000<\/a> et seq.) of Chapter 20 of Title 64.2 and all assessments made by the Department<\/span> upon that individual or his fiduciaries, providing for payment of the expenses of such individual in any state<\/span> facility<\/span>, shall be subject to the approval of any circuit<\/span> court<\/span> having jurisdiction<\/span> over the incapacitated individual’s estate or for the county or city in which he resides or from which he was admitted to the state<\/span> facility<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEPARTMENT TO INVESTIGATE FINANCIAL ABILITY TO PAY EXPENSES; ASSESSMENTS AND\nCONTRACTS BY DEPARTMENT (\u00a7 37.2-717)\n\nA. The Department shall investigate and determine which individuals receiving\nservices or parents, guardians, conservators, trustees, or other persons legally\nresponsible for individuals receiving services are financially able to pay the\nexpenses of the care, treatment or training, and maintenance, and the Department\nshall notify these individuals or their parents, guardians, conservators,\ntrustees, or other legally responsible persons of the expenses of care,\ntreatment or training, and maintenance and, in general, of the provisions of\nthis article.\n\nB. The Department may assess or contract with any individual receiving services\nor the parent, guardian, conservator, trustee, or other person liable for his\nsupport and maintenance to recover care, treatment or training, and maintenance\nexpenses. In arriving at the amount to be paid, the Department shall have due\nregard for the financial condition and estate of the individual, his present and\nfuture needs, and the present and future needs of his lawful dependents.\nWhenever it is deemed necessary to protect him or his dependents, the Department\nmay assess or agree to accept a monthly sum for the individual’s care,\ntreatment or training, and maintenance that is less than the actual per diem\ncost, provided that the estate of the individual other than income shall not be\ndepleted below the sum of $500. Nothing contained in this title shall be\nconstrued as making any such contract permanently binding upon the Department or\nprohibiting it from periodically reevaluating the actual per diem cost of care,\ntreatment or training, and maintenance and the financial condition and estate of\nany individual receiving services, his present and future needs, and the present\nand future needs of his lawful dependents and entering into a new agreement with\nthe individual or the parent, guardian, conservator, trustee, or other person\nliable for his support and maintenance, increasing or decreasing the sum to be\npaid for the individual’s care, treatment or training, and maintenance.\n\nC. All contracts made by and between the Department and any person acting in a\nfiduciary capacity for any individual receiving services adjudicated to be\nincapacitated under the provisions of Article 1 (§ 64.2-2000 et seq.) of\nChapter 20 of Title 64.2 and all assessments made by the Department upon that\nindividual or his fiduciaries, providing for payment of the expenses of such\nindividual in any state facility, shall be subject to the approval of any\ncircuit court having jurisdiction over the incapacitated individual’s\nestate or for the county or city in which he resides or from which he was\nadmitted to the state facility.\n\nHISTORY: Code 1950, \u00a7\u00a7 37-125.4, 37-125.5; 1950, p. 917; 1956, Ex. Sess., c.\n14; 1960, c. 386; 1962, c. 80; 1968, c. 477, \u00a7\u00a7 37.1-108, 37.1-109; 1971, Ex.\nSess., c. 257; 1976, c. 671; 1997, cc. 801, 921; 2005, c. 716; 2012, cc. 476,\n507.","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}}