H. B. 2610
(By Delegates Wills and Staton)
[Introduced March 1, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article seventeen, chapter
twenty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to including certain
shelters within the definition of a group residential
facility.
Be it enacted by the Legislature of West Virginia:
That section one, article seventeen, chapter twenty-seven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-1. Definitions.
(a) "Developmental disability" means a chronic disability of
a person which: (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2)
is likely to continue indefinitely; (3) results in substantial
functional limitations in self-direction, capacity for independent
living or economic self-sufficiency; and (4) reflects the person's
need for a combination and sequence of special, interdisciplinary
or generic care, treatment or other services which are of lifelong
or extended duration and are individually planned and coordinated.
(b) "Behavioral disability" means a disability of a person
which: (1) Is attributable to severe or persistent mental illness,
emotional disorder or chemical dependency; and (2) results in
substantial functional limitations in self-direction, capacity for
independent living or economic self-sufficiency.
(c) "Group residential facility" means a facility which is
owned or leased by a behavioral health service provider
or is a
family violence shelter and which: (1) Provides residential
services and supervision for individuals who are developmentally
disabled or behaviorally disabled
or is a shelter or family
protection shelter as defined in section two, article two-c,
chapter forty-eight of the code; (2) is occupied as a residence by
not more than eight individuals who are developmentally disabled
and not more than three supervisors, or is occupied as a residence by not more than twelve individuals who are behaviorally disabled
or being sheltered and not more than three supervisors; (3) is
licensed by the department of health or the division of human
services; and (4) complies with the state fire commission for
residential facilities.
(d) "Group residential home" means a building owned or leased
by developmentally disabled or behaviorally disabled persons for
purposes of establishing a personal residence. A behavioral health
service provider may not lease a building to such persons if the
provider is providing services to the persons without a license as
provided for in this article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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