§ 51.5-39.1. Definitions
As used in this chapter, unless the context requires a different meaning:
"Abuse" means any act or failure to act which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to an individual with a disability and includes such acts as: verbal, nonverbal, mental and emotional harassment; rape or sexual assault; striking; the use of excessive force when placing such an individual in bodily restraints; the use of bodily or chemical restraints which is not in compliance with federal and state laws and regulations; and any other practice which is likely to cause immediate physical or psychological harm or result in long term harm if such practices continue.
"Board" means the Board for Protection and Advocacy.
"Disabilities" means mental, cognitive, sensory, physical, or other disabilities covered by the federal Protection and Advocacy for Individuals with Mental Illness Act, the federal Developmental Disabilities Assistance and Bill of Rights Act, the federal Rehabilitation Act of 1973, as amended, and such other related federal and state programs as may be established by federal and state law.
"Investigation" means, when authorized under this chapter and when used in relation to (i) private elementary or secondary schools or (ii) public educational institutions which are subject to the requirements of § 22.1-215, access to facilities, clients, and records necessary to make a determination about whether alleged or suspected instances of abuse or neglect are taking place or have taken place. Investigations may be conducted independently or in cooperation with other agencies authorized to conduct similar investigations.
"Neglect" means failure by an individual, program or facility responsible for providing services to provide nourishment, treatment, care, goods, or services necessary to the health, safety or welfare of a person receiving care or treatment for mental, cognitive, sensory, physical or other disabilities.
"Office" means the Virginia Office for Protection and Advocacy.
(2002, c. 572.)
Sections: 51.5-39.1 51.5-39.2 51.5-39.3 51.5-39.4 51.5-39.5 51.5-39.6 51.5-39.7 51.5-39.8 51.5-39.9 51.5-39.10 51.5-39.11 51.5-39.12 NextLast modified: April 16, 2009