Section 10. Definitions  


Latest version.
  • The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

    "Admission" means acceptance of an individual in a training center.

    "Authorized representative" means a person permitted by law or regulation to authorize the disclosure of information or consent to treatment and services, including medical treatment, or the participation in human research on behalf of an individual who lacks the mental capacity to make these decisions.

    "Commissioner" means the Commissioner of the Department of Behavioral Health and Developmental Services.

    "Community services board" or "CSB" means the public body established pursuant to § 37.2-501 of the Code of Virginia. For the purpose of these regulations, CSB also includes a behavioral health authority established pursuant to § 37.2-602 of the Code of Virginia.

    "Discharge plan" means a written plan prepared by the CSB providing case management in consultation with the training center pursuant to §§ 37.2-505 and 37.2-837 of the Code of Virginia. This plan is prepared when the individual is admitted to the training center and documents the services to be provided upon discharge.

    "Guardian" means:

    For Minors -- an adult who is either appointed by the court as a legal guardian of a minor or exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law.

    For Adults -- a person appointed by the court who is responsible for the personal affairs of an incapacitated adult under the order of appointment. The responsibilities may include making decisions regarding the individual's support, care, health, safety, habilitation, education and therapeutic treatment. Refer to definition of "incapacitated person" at § 37.2-1000 of the Code of Virginia.

    "Licensed professional" means a licensed psychologist, licensed professional counselor, or other individual who holds a valid professional license and has appropriate training in intellectual testing.

    "Mental retardation" ("intellectual disability") means a disability originating before the age of 18 years, characterized concurrently by (i) significantly 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.

    "Training center" means a facility operated by the Department of Behavioral Health and Developmental Services for the treatment, training, or habilitation of persons with mental retardation (intellectual disability).

Historical Notes

Derived from VR470-07-01 § 1, eff. October 8, 1976; amended, Volume 19, Issue 07, eff. January 15, 2003; Volume 25, Issue 23, eff. August 19, 2009.

Statutory Authority

§§ 37.2-203 and 37.2-806 of the Code of Virginia.