51.5-39.1 - Definitions. - Virginia Statutes

§ 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 wasfailed to be performed, knowingly, recklessly, or intentionally, and whichcaused, or may have caused, injury or death to an individual with adisability and includes such acts as: verbal, nonverbal, mental and emotionalharassment; rape or sexual assault; striking; the use of excessive force whenplacing such an individual in bodily restraints; the use of bodily orchemical restraints which is not in compliance with federal and state lawsand regulations; and any other practice which is likely to cause immediatephysical or psychological harm or result in long term harm if such practicescontinue.

"Board" means the Board for Protection and Advocacy.

"Disabilities" means mental, cognitive, sensory, physical, or otherdisabilities covered by the federal Protection and Advocacy for Individualswith Mental Illness Act, the federal Developmental Disabilities Assistanceand Bill of Rights Act, the federal Rehabilitation Act of 1973, as amended,and such other related federal and state programs as may be established byfederal and state law.

"Investigation" means, when authorized under this chapter and when used inrelation to (i) private elementary or secondary schools or (ii) publiceducational institutions which are subject to the requirements of § 22.1-215,access to facilities, clients, and records necessary to make a determinationabout whether alleged or suspected instances of abuse or neglect are takingplace or have taken place. Investigations may be conducted independently orin cooperation with other agencies authorized to conduct similarinvestigations.

"Neglect" means failure by an individual, program or facility responsiblefor providing services to provide nourishment, treatment, care, goods, orservices necessary to the health, safety or welfare of a person receivingcare or treatment for mental, cognitive, sensory, physical or otherdisabilities.

"Office" means the Virginia Office for Protection and Advocacy.

(2002, c. 572.)