                                 CODE OF VIRGINIA

COMMUNITY SERVICES BOARDS; LOCAL GOVERNMENT DEPARTMENTS; POWERS AND DUTIES (§
37.2-504)

A. Every operating and administrative policy community services board and local
government department with a policy-advisory board shall have the following
powers and duties:

   1. 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.

   2. Pursuant to &#xA7; 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. Within amounts appropriated for this purpose, provide services authorized
   under the performance contract.

   4. In accordance with its approved performance contract, enter into contracts
   with other providers for the delivery of services or operation of facilities.

   5. 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.

   6. 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.

   7. 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 &#xA7; 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 &#xA7; 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 (&#xA7; 37.2-814 et seq.) of Chapter 8.

   8. 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.

   9. 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.

   10. 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.

   11. Apply for and accept loans as authorized by the governing body of each
   city or county that established it.

   12. 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.

   13. 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.

   14. 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.

   15. Notwithstanding the provisions of &#xA7; 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. 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.

   17. 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.
   				By 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. 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:

   1. 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.

   2. 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.

   3. 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.

   4. Review and comment on the performance contract, and performance reports
   developed by the local government department. The board&#8217;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. 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.

   6. Participate in the selection and the annual performance evaluation of the
   local government department director employed by the city or county.

   7. Carry out other duties and responsibilities as assigned by the governing
   body of each city or county that established it.

HISTORY: 1968, c. 477, § 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.