USVI Public Records

As used in this chapter- "child welfare services" include the protection and care of children who are dependent or neglected and any other children who may be in need of services in their own homes or foster care; "Commissioner" means the Commissioner of Human Services; "Department" means the Department of Human Services; "Pooled Medical Fund" means a special fund established under "Public Assistance" and dedicated to the payment of costs of medical supplies, appliances and services for public assistance recipients with respect to whom fixed monthly assistance payments are currently being made into such Fund; and "public assistance" means money payments, medical care, and assistance in kind. History: Amended Apr. 14, 1978, No. 4120, § 4, Sess. L. 1978, p. 62; June 24, 1987, No. 5265, § 203(f), Sess. L. 1987, p. 29.

The Commissioner shall discharge the social welfare functions of the Virgin Islands, including those specified in section 384 of Title 3, except as otherwise prescribed by law. History: June 24, 1987, No. 5265, § 203(g), Sess. L. 1987, p. 29.

History: Repealed. June 24, 1987, No. 5265, § 203 (g), Sess. L. 1987, p. 29.

Public assistance shall be granted under this chapter to any needy individual who has not available sufficient income and resources to maintain a reasonable standard of health and well-being. History: Amended Nov. 28, 1960, No. 651, § 5, Sess. L. 1960, p. 203; Apr. 15, 1966, No. 1715, § 3, Sess. L. 1966, p. 194; June 26, 1970, No. 2778, Sess. L. 1970, p. 219; Oct. 29, 1970, No. 2866, § 1, Sess. L. 1970, p. 353.

The rulemaking powers of the Commissioner shall include authority to establish rules and regulations and necessary procedures for the preparation of plans and for classifying and reporting expenditures made with respect to recipients of public assistance in such manner as to obtain the financial participation of Federal Government under Titles I, IV, and X of the Social Security Act and any law amendatory of or supplementary thereto that may hereafter be enacted.

The amount of assistance which a recipient shall receive shall be determinated in accordance with the rules and regulations of the Commissioner, with due regard to his requirements and the conditions existing in his case and to the income and resources determined to be available to him from whatever source, and shall be sufficient to provide him with a reasonable subsistence compatible with health and well-being.

Applications for public assistance under the provisions of this chapter shall be made in the manner and form prescribed by the Commissioner and shall contain such information as the Commissioner may require.

Whenever the Commissioner receives an application for public assistance under this chapter, he shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as may be required by the rules and regulations of the Commissioner.

The Commissioner shall determine, in accordance with his rules and regulations, whether the applicant is eligible for public assistance under the provisions of this chapter, the type and amount of public assistance he shall receive, and the date upon which such public assistance shall begin. Public assistance shall be paid in the manner prescribed by the Commissioner.

The Commissioner shall change or withdraw the award of assistance whenever the conditions have altered sufficiently to warrant such action. If during the time he is receiving public assistance, the recipient thereof receives income or acquires resources in excess of the amount previously reported by him, it shall be his duty to notify the Commissioner of the fact immediately.

An applicant or recipient aggrieved because of a decision of the Commissioner or his authorized representative, or by delay in making a decision shall be entitled to appeal to the Board in the manner prescribed by it, and shall be afforded reasonable notice and opportunity for a fair hearing by the Board or by a representative duly appointed by it for that purpose. If the appeal concerns a termination or reduction of public assistance payments, such payments shall continue in full force and effect pending the Board's determination at the hearing, and shall thereafter be either continued, terminated or reduced pursuant to such determination. The Board shall meet to consider appeals hereunder within 30 days after the date of filing of same. History: Amended May 16, 1957, No. 160, § 87, Sess. L. 1957, p. 56; Aug. 11, 1972, No. 3285, § 1, Sess. L. 1972, p. 415.

The Commissioner shall establish and enforce reasonable rules and regulations governing the custody, use and preservation of the documents, records, papers, files, and communications concerning public assistance, child welfare service and other welfare services of the Department. The use of such documents, records, papers, files, and communications by any other Government agency or department to which they may be furnished shall be limited exclusively to the purpose for which they are furnished. It shall be unlawful, except for purposes directly connected with the administration of public assistance and welfare services and in accordance with the rules and regulations of the Commissioner, for any person to solicit, disclose, or receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of or name of, or information concerning persons applying for or receiving assistance or services, directly or indirectly derived from the documents, records, papers, files, or communications of the Department or any other agency or department. This section shall not be construed to limit the power of the Legislature to obtain information and records as provided in section 2 of Title 2. History: Amended May 16, 1957, No. 160, § 87, Sess. L. 1957, p. 56.

Public assistance granted under this chapter shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

Income and disbursements (a) There is established in the Treasury of the Virgin Islands, a special fund to be known as the "Public Assistance Fund." Into this Fund shall be paid all moneys appropriated by the Legislature of the Virgin Islands for assistance under this chapter and all moneys from all other sources, including contributions from the Federal Government and from other public or private sources made available to the Commissioner for assistance or the administration of assistance under this chapter. All contributions from private sources shall become public funds upon deposit in the Public Assistance Fund and shall thenceforth be subject to the control of the Commissioner. Into this Fund may also be paid, if so provided in appropriation bills passed by the Legislature, moneys appropriated thereby for administration of assistance under this chapter, including moneys appropriated for administration of assistance jointly with other programs. Disbursements from this Fund shall be made as directed by the Commissioner in accordance with this chapter. Allocation of moneys (b) The Commissioner shall estimate the money to be credited to the Public Assistance Fund from all sources during each fiscal year and from the funds available shall make such apportionments among various assistance and other programs, for assistance and/or the administration thereof, and for other purposes, as will most effectively carry out the purposes of this chapter and the purposes of the appropriations and contributions made to the Fund for the fiscal year. Unexpended balances (c) Unexpended balances in the Public Assistance Fund at the end of each fiscal year will continue available in succeeding fiscal years for liquidation of obligations of the preceding years and for the continued operation of assistance programs, provided that there shall be included in the budget estimates submitted by the Commissioner each year an estimate of the Virgin Islands share of the accumulated unobligated balance of the Fund to be carried forward into the year for which the budget estimates are submitted. Loans from public and trust funds (d) Upon recommendation of the Commissioner, the Governor may make loans from the public and trust funds for advance to the Public Assistance Fund, when cash balances are temporarily insufficient to meet authorized obligations. Such loans shall not exceed in the aggregate the total appropriation for public assistance made in the annual budget for the fiscal year for which the loans are made. Such loans shall be repaid, without interest, to the public or trust funds before the close of the fiscal year for which the loans were made.

(a) There is established in the Treasury of the Virgin Islands a special fund to be known as the "Dorothy D. Buckley Trust Fund for the Indigent Elderly." Into this fund shall be paid all monies bequeathed from the estate of the late Dorothy D. Buckley for the benefit of the indigent elderly of the Virgin Islands. No other monies shall be placed therein, and all payments made from this fund shall be made for the benefit of the indigent elderly at the discretion of the Commissioner of Human Services. This fund shall continue in existence until expended. (b) There is established in the Treasury of the Virgin Islands a special fund to be known as the "Dorothy D. Buckley Trust Fund for the Underprivileged Children of the Virgin Islands." Into this fund shall be paid all monies bequeathed from the estate of the late Dorothy D. Buckley for the benefit of the underprivileged children of the Virgin Islands. No other monies shall be placed therein, and all payments made from this fund shall be made for the benefit of the underprivileged children at the discretion of the Commissioner of Human Services. This fund shall continue in existence until expended. History: Added May 18, 1979, No. 4289, § 1, Sess. L. 1979, p. 40.

There is hereby established in the Treasury of the Virgin Islands a special fund to be known as the "Disabled Persons Special Fund" (hereinafter referred to in this section as the "Fund"). Into this Fund shall be deposited the sums referred to in the proviso clause contained in (i) of paragraph (11) of subsection (a), section 246, Title 32, Virgin Islands Code of which not more than 15 percent may be used for administrative costs of the Pharmaceutical and Medical Assistance to the Aged and Disabled Persons Program, and not more than 25 percent of any unused portion of an allotment to finance critical priorities within the Department's Division of Adult Protective Services including, the Homes for the Aged, Homemaker Services, Family Caregiver Support Program, emergency residential placements, and emergency funding for elderly and disabled persons. All payments made from this Fund shall be made for the benefit of disabled persons at the discretion of the Commissioner of Human Services. Payments made to any individual disabled person or his or her family on such person's behalf from this Fund shall not exceed $20,000 per annum. History: Added Oct. 26, 1982, No. 4755, § 16(a), Sess. L. 1982, p. 175; amended Oct. 25, 1984, No. 5019, Sess. L. 1984, p. 382; Sept. 5, 1990, No. 5596, § 2, Sess. L. 1990, p. 273; Oct. 15, 2010, No. 7201, § 2, Sess. L. 2010, p. 191.

The Commissioner may in proper cases, wherein he determines that an emergency exists, provide travel assistance and may authorize Government personnel to accompany the recipient of such assistance; provided that the amounts spent for the travel and subsistence of the Government employees shall not exceed the amounts set forth in the Government Travel Regulations. History: Added Apr. 23, 1968, No. 2161, Sess. L. 1968, Pt. I, p. 444.

(a) The Legislature shall annually appropriate out of funds available to it, an amount sufficient to carry out the provisions of this chapter based upon the estimates submitted by the Commissioner of Social Welfare pursuant to section 384 of Title 3. The Commissioner of Finance shall pay into the Public Assistance Fund the amounts appropriated thereto in accordance with section 14(a) of this title. (b) No appropriation request for the Public Assistance Fund shall be considered by the Legislature unless such request is accompanied by a schedule showing the average proposed and existing grants for all categories of public assistance including average allowances for food, clothing, shelter and fuel in each category. History: Amended Aug. 8, 1971, No. 3101, Sess. L. 1971, p. 325.

The Commissioner is authorized, as deemed desirable, within funds made available to the Department for emergency aid or work relief, to provide employment for employable persons who are in need and unemployed and for whom no other employment is immediately available, such employment to be in useful work for the Department or any other activity of the Government.

(a) Homes for aged and destitute persons shall be under the jurisdiction of the Commissioner of Human Services, who shall be responsible for their proper management and operation. (b) The homes shall receive such persons as may be committed to them by the Commissioner and shall institutionalize such persons for such time as the Commissioner deems necessary or desirable. (c) The Commissioner of Human Services shall determine the policies governing the management and operation of the homes for aged and destitute persons and governing the admission and discharge of residents thereof. (d) The Commissioner shall require the payment of the actual cost of maintaining residents of such homes in instances where the residents thereof or relatives responsible by law for their support are financially able to make such payment; Provided, That the amount of payment required shall be reduced, if necessary, to an amount within the ability of the resident or his relatives to pay. The Commissioner may also accept contributions towards the cost of maintaining residents of such homes from residents thereof or their relatives or friends. (e) There is hereby created and established within the Treasury of the Virgin Islands a special fund to be known and designated as the "Homes for the Aged Special Revolving Fund" (hereinafter referred to in this section as the "Fund"). The Commissioner of Finance is directed to maintain and provide for the administration of the Fund as a separate and distinct fund within the Treasury, and no funds therein shall be available for disbursement or expenditure except as provided for in this section. (f) The Fund shall consist of: (1) all sums appropriated thereto from time to time by the Legislature; (2) payments and contributions received pursuant to the provisions of subsection (d) of this section; and (3) gifts and bequests of monies made thereto. (g) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon the authorization and direction of the Commissioner, for the purpose of maintaining and operating the homes and may be utilized to purchase equipment therefor; Provided, however, That monies from gifts or bequests may be expended only in accordance with any instructions or directions associated therewith. All monies in the Fund shall remain available in the Fund until expended without fiscal year limitation. (h) The Commissioner may also accept on behalf of the Government of the United States Virgin Islands gifts, devises and bequests of property, real or personal, other than gifts or bequests of monies, for the operation, maintenance, improvement or benefit of the homes. All property so accepted shall be devoted for the purposes for which they are donated, under the direction of the Commissioner. History: Amended Oct. 19, 1984, No. 5014, § 221(a), (b), Sess. L. 1984, p. 368.

In order to assist senior citizens who are aged and indigent to enjoy basic comforts of living during their declining years, the Commissioner of Human Services is hereby authorized to institute a Home Care Service. This service shall include, but not be limited to cleaning of rooms, assistance in cooking, and other domestic chores. The Commissioner of Human Services is hereby authorized to employ persons trained in domestic skills to provide this service on a daily basis throughout the Virgin Islands. Funds for this purpose are authorized to be appropriated in the annual operating budget for the Department of Human Services. History: Apr. 7, 1967, No. 1900, Sess. L. 1967, p. 84.

(a) The Commissioner of Human Services shall be responsible for a program for stimulating efforts by private persons or organizations to provide suitable day care facilities for children of working mothers and for supervising the operation of such facilities. For this purpose, he shall be authorized, to the extent that funds are appropriated therefor, to provide subsidy payments for care furnished by private day care facilities to children whose parents are unable, because of lack of financial resources, to pay the minimum rates established for care in such facilities for cases not receiving a subsidy. The subsidy payments shall equal the difference between the established minimum rates of the facility, or such lower rate as the Commissioner and Board of Social Welfare may determine to be reasonable, and the responsible relatives of the child can afford to pay, as determined by the Department of Human Services on the basis of the resources and needs of the family on eligibility standards approved by the Commissioner and Board of Social Welfare. (b) In any area in the Virgin Islands where there is clear and special need for day care facilities for children of working mothers and it proves impossible to stimulate the development of private facilities adequate to the need, the Commissioner of Human Services shall be authorized to establish, as an activity of the Department of Human Services, such day care facilities as the Governor may approve and as may be operated within appropriations available therefore. (c) For day care facilities operated by the Department of Human Services under the authorization contained in subsection (b) of this section, the Commissioner and Board of Social Welfare shall determine the normal rates to be charged, and shall establish the standards on the basis of which the Department shall determine eligibility and the amount of contribution which shall be required from responsible relatives unable to pay the normal rates in full. (d) The Commissioner of Human Services shall be authorized to accept such Federal contribution as may be made available for any part or parts of the day care program authorized by this section. History: Added June 10, 1959, No. 455, § 2, Sess. L. 1959, p. 63.

Grants The Commissioner of Human Services of the Government of the United States Virgin Islands shall make application to the United States Department of Agriculture for grants of foodstuffs under the Direct Distribution Program of the Department of Agriculture on the basis of need to be determined by a census of needy cases in Saint Thomas, Saint Croix, and Saint John to be made by the Department of Human Services. History: June 9, 1960, No. 585, § 1, Sess. L. 1960, p. 85; May 5, 1961, No. 663, Sess. L. 1961, p. 19.

The Commissioner of Human Services shall store all foodstuffs received under the Direct Distribution Program and shall repackage and deliver such foodstuffs to the needy persons in Saint Thomas, Saint Croix, and Saint John, certified for assistance by the Department of Human Services, and in such amounts and for such periods specified by the Department of Human Services. History: June 9, 1960, No. 585, § 2, Sess. L. 1960, p. 85; May 5, 1961, No. 663, Sess. L. 1961, p. 19.

If a recipient receives public assistance for which he is not eligible by reason of the possession of or having come into possession of any resources which he fails to disclose to the Department, or conceals resources such as cash in hand, bank accounts, saving accounts, cash income or any other kind of resources, the total amount of such assistance paid to such recipient shall be a debt due the Government of the United States Virgin Islands and the Attorney General shall prosecute an action to recover the amounts thereof in a civil action against such recipient, his heirs, executors, or assigns. History: Added Mar. 8, 1963, No. 956, Sess. L. 1963, p. 172.

The Commissioner, in his discretion, may provide emergency welfare assistance and services, on an immediate basis, to any individual or family in need as a result of a natural disaster or other emergency situation. Emergency welfare services may be provided in cash or in kind, to any individual or family in immediate need of food and fuel, shelter, essential articles of clothing (including school clothing), essential articles of household furnishings, or medicines. Funds to provide assistance under the provisions of this subscription shall be appropriated by the Legislature. Purchases made to provide assistance under the provisions of this section may be made in the open market and are exempted from the requirements of sections 235 and 236 of Title 31 of this Code and any other provision of law requiring competitive bidding. History: Added Oct. 29, 1970, No. 2866, § 2, Sess. L. 1970, p. 353; amended Dec. 4, 1970, No. 2875, Sess. L. 1970, p. 361.

(a) There is created and established in the Treasury of the Virgin Islands a special revolving fund to be designated and referred to as the "Emergency Welfare Services Fund". The Commissioner of Finance shall maintain and provide for the administration of said Fund as a distinct fund in the treasury, and no money shall be available for expenditures from said Fund except as provided by law. (b) The Emergency Welfare Services Fund shall consist of all monies appropriated to the Fund by the Legislature. Monies shall be dispersed from the Fund by the Commissioner of Finance, upon authorization of the Commissioner of Human Services, for the purpose of providing Emergency Welfare Assistance and Services under the provisions of section 23 of Title 34 of this Code. History: Added Oct. 29, 1970, No. 2866, § 2, Sess. L. 1970, p. 353.

There is established in the treasury of the Virgin Islands a special fund to be known as the "Trust Fund for Welfare Purposes", to be used for assisting needy persons who are unable to meet the eligibility requirements of the programs of the Department of Human Services. Payments shall be made from this fund in the manner and for the purposes established by Rules and Regulations issued by the Commissioner of Human Services and approved by the Governor and the Legislature. Prior to the adoption of such Rules and Regulations, the Commissioner of Human Services shall conduct at least three public hearings, one each on the Islands of St. Thomas, St. Croix and St. John, with prior written notice to (1) all persons who are receiving or who have received any form of public assistance within one year prior to such hearings; and (2) all persons, who within one year prior to such hearings, have applied for and been declared ineligible for any assistance program administered by the Department of Human Services. Into this Fund shall be paid all moneys appropriated by the Legislature of the Virgin Islands for assistance under this section and all moneys from all other sources, including contributions from the Federal government and from other public or private sources made available to the Commissioner for assistance or the administration of assistance under this section. All contributions from private sources shall become public funds upon deposit in the Trust Fund for Welfare Purposes and shall thenceforth be subject to the control of the Commissioner. Into this Fund may also be paid, if so provided in appropriation bills passed by the Legislature, moneys appropriated thereby for the administration of programs. Disbursements from this Fund shall be made as directed by the Commissioner. History: Added July 29, 1971, No. 3078, § 1, Sess. L. 1971, p. 304.

(a) In cases where actual need exists, and to relieve serious hardships among the lowest income families, the Department of Human Services shall approve school clothing allowances to said needy families of not less than $60 per child per school year. (b) Applicants aggrieved with decisions of the Department may appeal as provided in section 11 of this Title. History: Added Aug. 11, 1972, No. 3285, § 2, Sess. L. 1972, p. 415.

The Commissioner of Human Services of the Government of the United States Virgin Islands shall make application to the United States Department of Agriculture for participation in the Food Stamp Plan established by the Food Stamp Act of 1964, as amended by Public Law 93-86, the Agriculture and Consumer Protection Act of 1973, and shall do such other acts and take such further steps as shall be necessary to comply with the federal regulations issued under the foregoing federal laws in order to qualify for local participation in the Federal Food Stamp Plan. History: Added June 20, 1974, No. 3576, § 1, Sess. L. 1974, p. 113.

(a) The Commissioner of Human Services, in accordance with said Food Stamp Program, shall apply for and receive food stamps from the issuing federal agency, shall sell the same to needy persons in St. Thomas, St. Croix and St. John, certified for assistance by the Department of Human Services, in said amounts and for such periods as are specified by the Department of Human Services in compliance with federal regulations. The proceeds from the sale of said food stamps to needy persons shall be remitted to the Federal Reserve Bank according to applicable rules, regulations or procedural guidelines issued by the U.S. Department of Agriculture - Food and Nutrition Services, which may be in effect from time to time. (b) A person who is otherwise eligible to receive food assistance under the federal Food Stamp Act of 1977, 7 U.S.C. §§2011 to 2036c or other benefits under the Temporary Assistance for Needy Families (TANF) Block Grant Program, 42 U.S.C., chapter 7, title IV, Part A, may not be denied assistance because the person has been convicted of a drug-related felony as described in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, section 115, 110 Stat . 2105. (c) All persons approved to receive benefits under the Supplement Nutritional Assistance Program (SNAP) who have children under 18 years of age shall complete a class of not less than six hours on parenting and budgeting that must be provided by the Department of Human Services as a component of the SNAP Employment and Training Program. History: Added June 20, 1974, No. 3576, § 1, Sess. L. 1974, p. 114; amended Nov. 6, 1975, No. 3762, Sess. L. 1975, p. 186; amended Oct. 7, 2016, No. 7935, § 1, Sess. L. 2016, p. 189.

(a) There is hereby created and established a special revolving fund to be designated and referred to as the Food Stamp Welfare Fund. The Commissioner of Finance shall maintain and provide for the administration of said fund as a separate and distinct fund in the Treasury and no monies shall in the Treasury and no monies shall be available from said fund except as provided by law. (b) The Food Stamp Welfare Fund shall consist of all monies appropriated by the Legislature of the Virgin Islands and all monies from any other source including grants from the Federal Government and from any public or private sources, intended to provide for the costs of administering the Welfare Food Stamp Program in the Virgin Islands. Money shall be disbursed from the fund by the Commissioner of Finance, upon authorization of the Commissioner of Human Services, for the purpose of defraying administrative expenses of the Welfare Food Stamp Program in the Virgin Islands. History: Added June 20, 1974, No. 3576, § 1, Sess. L. 1974, p. 114.

History: Repealed. June 24, 1987, No. 5265, § 203(g), Sess. L. 1987, p. 29.

(a) There is hereby established a Paternity and Child Support Revolving Fund as a special fund in the Treasury of the Virgin Islands. (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Paternity and Child Support Revolving Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Paternity and Child Support Revolving Fund shall consist of all the monies collected by the Department of Justice in the normal course of its operations under Title IV-D of the Social Security Act, 42 U.S.C. §601 et seq., P.L. 93-647, as well as all sums appropriated thereto by the Legislature of the Virgin Islands, and all monies from any other public or private source, including grants from the Federal Government. (d) Money shall be disbursed from the Paternity and Child Support Revolving Fund by the Commissioner of Finance, upon authorization of the Attorney General, for the purpose of defraying operating and administrative expenses of the Title IV-D Program and for the purpose of distributing the proceeds of child support collections pursuant to section 457 of Title IV-D of the Social Security Act and the regulations promulgated thereunder. History: Added Oct. 26, 1982, No. 4755, § 14(a), Sess. L. 1982, p. 173; amended Mar. 30, 1984, No. 4920, Sess. L. 1984, p. 86.

For the purposes of this chapter: (1) "Certified individual" means an individual who has been certified to participate in the Program under section 43, subsection (b) of this chapter; (2) "Commissioner" means the Commissioner of Human Services; (3) "Disabled person" means any individual who has a physical or mental impairment that substantially limits one or more of the major life activities, or has a record of such an impairment, or is regarded as having such an impairment. (4) "Income" means all earned and unearned income including, but not limited to, wages, commissions and fees, salaries and tips, profit from self-employment, the value of nonmonetary compensation received for services rendered, profit from rent received from a roomer, tenant or boarder, payments from unemployment insurance, Workers' Compensation Administration, private insurance, veterans' compensation, Social Security, pensions and annuities, support from relatives or friends, income from assets received as either interest, dividends or other income from savings accounts, certificates, stocks, bonds, insurance policies, mortgages, and from real property when not included as earned income, and in- kind income such as free rent and food; (5) "Pharmacy" has the same definition as a pharmacist or pharmacy in Title 27, section 141 of this Code; (6) "Prescription drugs" means all legend drugs, and insulin, insulin syringes and insulin needles; and (7) "Program" means the Pharmaceutical and Medical Supplies Assistance to aged and Disabled Program established under section 41(a). (8) "Reasonable cost" means the average wholesale cost of the prescription drugs and a dispensing fee, as determined by the Commissioner. The dispensing fee shall consist of a nominal amount for services provided and the time required to complete the written invoices specified in section 45, subsection (b) of this chapter. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; Oct. 15, 2010, No. 7201, § 1(a), Sess. L. 2010, p. 190.

Disabled Persons (a) The Commissioner shall establish and implement a program to provide financial assistance to certified individuals 60 years of age and over, disabled adults and adults suffering with cancer or degenerative diseases for their acquisition of prescription drugs, including refills of prescription drugs, to provide limited medical supplies and equipment used in the care of chronic diseases, including respiratory diseases, diabetes and cancer to purchase assistive technology devices to persons with disabilities and to provide for wellness and chronic disease education, under a program known as "The Pharmaceutical and Medical Supplies Assistance to Aged and Disabled Persons Program." (b) The Program shall consist of payments as provided under section 45 of this chapter for the reasonable cost of prescription drugs sold to certified individuals in excess of the copayments required by section 45 of this chapter. Indigent residents of the homes for the aged that are under the jurisdiction of the Commissioner of Human Services as set forth in section 18 of this title are eligible for assistance under the Program and the requirements of section 45 shall not be applicable to said residents. (c) In addition to the program authorized in subsection (a), the Commissioner may establish and implement other programs to provide assistance to individuals sixty years of age and older with disabilities and other- health related needs. (d) The programs established in this section are subject to the availability of funding for each fiscal year. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378; amended May 3, 1994, No. 5975, § 1(b), Sess. L. 1994, p. 58; Aug. 11, 2005, No. 6749, § 2 1., 2., Sess. L. 2005, p. 211; June 16, 2007, No. 6929, § 48, Sess. L. 2007, p. 56; Oct. 15, 2010, No. 7201, § 1(b), Sess. L. 2010, p. 190; amended Jan. 18, 2020, No. 8253, § 1(a)(1)-(3), (b), Sess. L. 2019, p. 153, 154.

(a) Any resident of the territory 60 years of age, or over and any disabled person who is a resident of the territory regardless of age whose household income meets the Federal Housing and Urban Development (HUD) low-income guidelines for the Virgin Islands as published annually by HUD or $30,000, whichever is higher in the 12 months preceding the date of filing an application under section 43 is eligible to be certified to participate in the Program, if other requirements of this chapter have been met. The Department may pursuant to regulations promulgated under section 49, award benefits of the Program to those persons earning up to 200% of the established HUD low income levels and whose medical expenses equal or exceed 15% of their adjusted Gross Income. (b) For the purposes of this section, the term "resident" means one legally domiciled within the Territory for a period of 30 days immediately preceding the date of application for inclusion in the Program. Mere seasonal or temporary residence within the Territory, of whatever duration, does not constitute domicile. The burden of establishing legal domicile within the Territory is upon the applicant. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378; amended May 3, 1994, No. 5975, § 1, Sess. L. 1994, p. 58; Aug. 11, 2005, No. 6749, § 2 3., Sess. L. 2005, p. 212; Oct. 15, 2010, No. 7201, § 1(c), Sess. L. 2010, p. 191.

(a) An individual, otherwise eligible to participate in the Program, must, prior to receiving any benefit from the Program, file with the Commissioner a written, signed application to participate in the Program. Such applications shall be on forms provided for that purpose by the Commissioner and shall contain such information as the Commissioner deems necessary to make determinations regarding eligibility. Each such application shall be accompanied by: (i) a signed statement authorizing the Commissioner to verify information contained in such application from any source; and (ii) a color or black and white photograph of the person submitting the application. (b) The Commissioner shall, no later than thirty (30) days from the date a written application is filed under subsection (a) of this section: (i) make a determination on the eligibility of the applicant to participate in the Program; (ii) certify whether such applicant may participate in the Program; and (iii) notify the applicant in writing of such determination; provided, that in all cases where an individual has been determined ineligible to participate in the Program, such written notice shall specify the grounds for such determination. (c) The Commissioner shall, in each case where an applicant has been certified to participate in the Program and within the time specified in subsection (b) of this section, mail or otherwise make available to the certified applicant an identification card containing the name, address and photograph of the certified applicant, an identification number, the date on which the card shall expire, and notification that the card is for the purpose of the Pharmaceutical Assistance to the Aged Program. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378.

(a) Each individual certified to participate in the Program under section 43, subsection (b) of this chapter, shall remain so for a period of one (1) year from the date of such certification. (b) Any individual certified to participate in the Program under section 43, subsection (b) of this chapter who desires to continue to participate in the Program following the expiration of any one (1) year period shall submit a written, signed statement to the Commissioner declaring that he is still in compliance with the provisions of section 42, subsection (a) of this chapter. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378.

(a) In order to receive the benefits of the Program, a certified individual must present his identification card, provided for in section 43 of this chapter, and pay in full a copayment of six dollars ($6.00) to a pharmacy for the first prescription drug, and a one dollar co-payment for each additional prescription drug. (b) In order to receive reimbursement for the reasonable costs of prescription drugs sold to certified individuals in excess of the copayments required by subsection (a) of this section, a pharmacy must forward written invoices documenting each such sale to the Commissioner within ninety (90) days from the date of such sale; provided, that the written invoices shall contain information required by the Commissioner to verify the nature and extent of each such sale. (c) No later than forty-five (45) days from the date of receipt of a written invoice under subsection (b) of this section, the Commissioner shall: (i) make a determination regarding the amount, if any, of the reimbursement to be made to a pharmacy on the submitted written invoice; (ii) notify the pharmacy in writing of such determination; and (iii) notify the Commissioner of Finance in writing of such determination. (d) No sooner than twenty (20) days and not later than forty-five (45) days from the date of receipt of a written notification of determination under subsection (c) of this section, the Commissioner of Finance shall reimburse the pharmacy specified in such written notification, in the amount specified, from funds available in the Pharmaceutical Assistance to the Aged Special Fund established under Title 33, section 3073 of this Code; provided, that if the Commissioner fails to meet the requirements of subsection (c) of this section within the time period specified, or if the Commissioner of Finance fails to reimburse a pharmacy within the time period specified in this subsection, the pharmacy shall be entitled to interest on the specified amount at the rate of five percent (5%) per annum for the time period to the date of reimbursement. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378; amended Aug. 11, 2005, No. 6749, § 2 4., Sess. L. 2005, p. 212.

(a) An otherwise eligible individual whose prescription drug costs are wholly covered by another plan of assistance or insurance shall be ineligible for assistance under the provisions of this chapter except that applicants to the Program who are insured under a private insurance policy with limited prescription coverage and who expect to exhaust such coverage may receive benefits under the Program from date that the private insurance benefit is exhausted. Verification from the private insurance provider that the maximum benefits have been reached is required before the applicant may be awarded benefits under the Program. (b) An otherwise eligible individual whose prescription drug costs are covered in part by another plan of assistance or insurance shall have the amount of assistance available under this chapter reduced by the amount of the other prescription drug cost assistance. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378; amended Oct. 15, 2010, No. 7201, § 1(d), Sess. L. 2010, p. 191.

(a) An individual determined not eligible to participate in the Program under section 43, subsection (b) of this chapter may, within ten (10) days from the date of receipt of the written determination, file a petition with the Commissioner to reconsider the determination of ineligibility and the reasons therefor. The Commissioner shall, within twenty (20) days from the date of receipt of a petition for reconsideration, either affirm or reverse the earlier determination of ineligibility and notify the petitioning individual in writing of such action. (b) A pharmacy may petition the Commissioner in writing to reconsider the amount of any reimbursement; provided, that such petition for reconsideration must be submitted within ten (10) days from the date the pharmacy receives the written notice of determination under section 45, subsection (c) of this chapter; provided further, that the petition must specify the basis for reconsideration. The Commissioner shall, within twenty (20) days from the date of receipt of the petition for reconsideration, either affirm or modify the earlier determination of the amount of the reimbursement and notify the petitioning pharmacy in writing of such action; provided, that in all cases where the Commissioner modifies the amount of the reimbursement, he shall send written notification to the Commissioner of Finance of such modification within five (5) days from the date of the modification. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378.

(a) No later than ninety (90) days from the date of enactment of this chapter, the Commissioner shall notify, in writing, each pharmacy in the Territory of the existence of the Program established by this chapter and that only those pharmacies which file written notices of intention to participate with the Commissioner of Human Services will be eligible to receive reimbursements under section 45 of this chapter. Anytime thereafter, a pharmacy may file a written notice of intention to participate in the Program with the Commissioner and become eligible to receive reimbursements under section 45 of this chapter. (b) The Commissioner shall have prepared and promptly distributed to each pharmacy filing a written notice of intention to participate under subsection (a) of this section, signs to be placed in a prominent place in each pharmacy which shall inform the public that the establishment displaying the sign is a participant in the Program established by this chapter. (c) A pharmacy which has filed a written notice of intention to participate under subsection (a) of this section may, at any time thereafter, terminate its participation in the Program by filing a notice to that effect with the Commissioner and returning to the Commissioner any signs specified in subsection (b) of this section which are in its possession. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378.

(a) The Commissioner is authorized to promulgate rules and regulations necessary to carry out the purposes of this chapter. (b) The Commissioner shall, within ninety (90) days from the date of enactment of this chapter and periodically thereafter, cause to be published in two (2) newspapers of general circulation within the Territory, notices informing the public of the existence of the Program established by this chapter, eligibility requirements, and procedures regarding usage of, and participation in, the Program. History: Added Nov. 30, 1988, No. 5399, § 2, Sess. L. 1988, p. 378.

The objective of this chapter is to promote the recognition of the importance of the participation of both parents in the lives of their children. Social policy and practices have often focused on the difficulties of raising a child in a single-parent family and have often created barriers to the involvement of both parents in their child's life. Accordingly, the purpose of this chapter is to promote a social policy and practices that value the contribution that each parent brings to the family unit. The emphasis will be on the population of children whose families have received or are receiving public assistance, but the program will also include other populations of children who will benefit. History: Added Apr. 11, 2022, No. 8546, § 2, Sess. L. 2022, p. 69.

History: Repealed. Mar. 29, 1974, No. 3547, § 2, Sess. L. 1974, p. 66.

(a) To achieve the objectives of this chapter, there is established within the Paternity and Child Support Division within the Virgin Islands Department of Justice the Council on Responsible Fatherhood. The Paternity and Child Support Division shall include a line item in its budget for the Council. The Division shall also provide administrative support to the Council and designate a specific space for the Council. (b) The Council has the following duties: (1) To develop a comprehensive plan that promotes the positive involvement of fathers in their children's lives; (2) To evaluate territorial programs, government policies, and community initiatives related to fatherhood and to make recommendations to the Governor of the Virgin Islands and the Legislature of the Virgin Islands regarding those programs, policies, and initiatives; (3) To convene a territorial symposium to discuss and resolve issues related to responsible fatherhood and the importance of the participation of both parents in their children's lives; (4) Subject to appropriation, to develop criteria for and to issue requests for proposals for grants for responsible fatherhood projects and activities approved by the Council; (5) To receive grants, contributions, and other funds for projects and activities related to responsible fatherhood; and (6) To submit a report, after conferring with the Family Court judge in each district on or before November 15 of each year, to the Governor and the Legislature, recommending policy initiatives that will improve the lives of families in the Territory. The report must be based on the fiscal calendar of the Government of the Virgin Islands. (c) The goals of the Council are: (1) To increase the awareness of the problems created when a child grows up without the presence of a responsible father; (2) To identify obstacles that impede or prevent the involvement of responsible fathers in the lives of their children; (3) To identify strategies that are successful in overcoming identified obstacles and in encouraging responsible fatherhood; (4) To facilitate the transition from current policies, perceptions, and practices that adversely affect the participation of fathers in their children's lives to policies, perceptions, and practices that promote the contributions of responsible fathers; and (5) To promote positive interaction between fathers and their children. (d) The Council shall undertake fatherhood initiatives that include, but are not limited to: (1) promoting public education concerning the financial and emotional responsibilities of fatherhood; (2) providing assistance to men in preparing for the legal, financial, and emotional responsibilities of fatherhood; (3) promoting the establishment of paternity upon the birth of a child; (4) encouraging fathers in fostering an emotional connection to children and providing financial support to children; (5) establishing support mechanisms for fathers to assist in developing and maintaining relationships with their children; (6) identifying and promoting methods that reduce the negative outcomes experienced by children affected by divorce, separation, and disputes concerning custody and visitation; and (7) integrating federal and local services available to families. History: Added Apr. 11, 2022, No. 8546, § 2, Sess. L. 2022, p. 69-71.

(a) The Council is composed of eleven members. The Director of the Paternity and Child Support Division within the Department of Justice and the Commissioner of the Department of Human Services or their designees shall serve as ex-officio members of the Council. The Governor shall appoint the remaining nine members with the advice and consent of the Legislature. (b) Three members of the Council must be appointed for an initial term of four years. Three members of the Council must be appointed for an initial term of three years; and the remaining three members must be appointed for an initial term of two years. All appointments thereafter are for a period of two years, except for an appointment to fill an unexpired term, which must be for the remainder of the unexpired term. Members may serve beyond the expiration of their terms until a successor has been appointed and confirmed by the Legislature. (c) Once a majority of the members has been selected and seated, the Council must choose a chairperson. (d) Members serve without compensation but may be reimbursed for their actual expenses incurred while carrying out their duties as members of the Council. (e) The Council shall meet at least quarterly, and the Chairperson or the Commissioner of the Department of Human Services may convene the Council at any time. A quorum consists of five members. History: Added Apr. 11, 2022, No. 8546, § 2, Sess. L. 2022, p. 71.

(a) There is established a separate and distinct, non-lapsing fund in the Treasury of the Virgin Islands to be known as the Responsible Fathers Fund. The money in the Fund may be used exclusively to fund the activities of the Council and is administered by the Director of the Division of Paternity and Child Support within the Virgin Islands Department of Justice. (b) The Fund consists of monies appropriated by the Legislature, public and private grants, gifts, donations, bequests, and devises of money made to the Fund or to the Council. (c) The Commissioner of Finance shall disburse monies from the Fund upon the authorization of the Director of the Division of Paternity and Child Support within the Virgin Islands Department of Justice for projects and initiatives that meet the purposes and objectives of this chapter. History: Added Apr. 11, 2022, No. 8546, § 2, Sess. L. 2022, p. 72.

The Governor is authorized to establish such training schools for boys and for girls as may be approved by the Legislature, which shall be under the jurisdiction of the Department of Human Services.

The training schools shall receive and provide institutional care for children who are dependent or neglected or children who are in danger of becoming dependent or neglected, who are placed therein by the Department of Human Services. History: Amended Apr. 14, 1978, No. 4120, § 5, Sess. L. 1978, p. 63.

The Department of Human Services shall promulgate rules and regulations for the proper conduct and operation of the training schools, and shall provide thereat care and training which will meet the needs of the individual child, and which will conform to accepted modern standards of institutional care for children.

(a) The Department of Human Services shall receive such children as may be committed to it by the District Court or the Superior Court, or upon application from parents or guardians; shall determine the type of care and placement needed by the individual child; and shall provide such care and placement, as facilities are available, including placement in the training schools or in boarding or foster homes. For the purposes of this section, a child is a person less than 18 years of age. (b) The Commissioner of Human Services, with the advice of the Board of Social Welfare and the approval of the Governor, is authorized to establish a schedule of fees for payment for foster care of children. The fees shall cover as nearly as possible the per capita cost of care based upon the need of the individual child; Provided, That a minimum of $40 per month, per child, is hereby established. The schedule of fees may be revised from time to time whenever changes in the cost of living may so warrant. Such schedule of fees or changes shall become effective if not disapproved by the Legislature within 30 days after the Legislature shall have received same, while in regular or special session. (c) The Commissioner shall require the payment of the cost of the maintenance of children in the training schools provided for by section 102 of this title in an amount based on the annual per capita cost of such care and the fee paid by the Department of Human Services for the foster care of children, in instances where the parents or relatives responsible by law for their support are financially able to make such payment; provided, that the amount of payment required shall be reduced, if necessary, to an amount within the ability of the parent or the responsible relative to pay. Payments received from parents for the foster care of children shall be deposited in the Foster Care of Children Fund, established by section 3029 of Title 33, from which payments for the foster care of children shall be made to foster parents. History: Amended June 7, 1960, No. 580, Sess. L. 1960, p. 80; Mar. 16, 1962, No. 847, Sess. L. 1962, p. 88; Mar. 13, 1967, No. 1874, § 1, Sess. L. 1967, p. 40; Apr. 14, 1978, No. 4120, § 6, Sess. L. 1978, p. 63.

All children committed to the Department of Human Services or accepted into its custody upon application from parents or guardians shall remain in the custody of the Department of Human Services and subject to placement in its discretion, until released by order of the Department of Human Services or until they arrive at the age of 21 years, when discharge shall be mandatory, except that such custody may otherwise be terminated by the district court or the Superior Court. History: Amended Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976 p. 197.

The Department of Education shall provide necessary and desirable academic instruction and instruction in manual and industrial arts for the children of the training schools, on plans and programs developed with and approved by the Department of Human Services. In all such instruction, emphasis shall be placed on meeting the needs of the individual child and on providing a practical basis for training which will enable the children to grow and develop into well adjusted, self-supporting citizens.

This Act may be cited as the Family Preservation Services Act. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

(a) It is the intent of the Legislature to make available, within available funds, intensive services to children and families that are designed to prevent the unnecessary and imminent placement of children in foster care and to facilitate the reunification of children with their families. These services shall be known as family preservation services and are characterized by the following values, beliefs and goals: (1) The welfare and safety of the child is always paramount and always the first concern; (2) Children need their families and should be raised by their own families whenever possible; (3) Interventions should focus on family strengths and be responsible to individual family needs; and (4) Improvement of family functioning is essential in order to promote the child's health, safety and welfare and thereby allow the family to remain intact and allow children to remain at home. (5) Intensive short term concentration of comprehensive support coordinated by professional social workers should stabilize and diffuse crisis and foster self-sufficiency. (b) Subject to the availability of funds for such purposes, the Legislature intends for family preservation services to be made available to all eligible families through a phased-in process. Except as otherwise specified by statute, the Department of Human Services shall have the authority and discretion to implement and expand family preservation services according to a plan and time frame determined by the Department. (c) Nothing in this Act shall be construed to create an entitlement to services nor to create judicial authority to order providing family preservation services to any person or family before the Department has determined that such services are available or suitable or that the child or family is eligible for such services. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

As used in this act: (1) "Department" means the Department of Human Services. (2) "Family preservation services" means intensive, short term concentration of comprehensive support coordinated by professional social workers to stabilize family cruises, foster family self-sufficiency, and to reduce or avoid the need for unnecessary and imminent foster care placement. (3) "Foster care" means the placement of a child by the Department in a home or facility designated by the Department's rules and regulations as a "foster home". (4) "Imminent" means a decision has been made by the Department that, without family preservation services, a petition requesting the removal of a child from the family home will be immediately filed in the Superior Court of the Virgin Islands, or that a voluntary placement agreement will be immediately initiated. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

Family preservation services shall have all of the following characteristics: (1) Services shall be provided by a family preservation team under the direction of a social worker who holds a degree of Master of Social Work. The team may consist of social workers who hold a Bachelors degree in Social Work, paraprofessional staff, and private providers. All staff shall be required to complete a minimum of 40 hours of training in curses relating to family preservation philosophy, policies and procedures. Caseworkers shall provide the services in the family's home, and may provide some of the services in other natural environments of the family, such as their neighborhood or schools; (2) The services to the family shall be coordinated by a single family preservation team leader who holds a Master in Social Work degree with backup family preservation team support staff and contract services identified to provide assistance as necessary; (3) Caseworkers shall have the authority and discretion to spend funds up to a maximum amount specified by the Department to help families obtain necessary food, shelter or clothing, or to purchase other goods or services that will enhance the effectiveness of intervention; (4) Family preservation assessment shall be initiated within 24 hours of receipt of referral into the program with emergency/crisis stabilization services initiated during this period. Services shall be available to the family upon completion of assessment and agreement of the family to receipt of services which shall commence no later than one week after referral; (5) Duration of service is limited to a minimum of 60 days and a maximum of 90 days, unless the Department authorizes an additional provision of service through an exception to policy; (6) Services shall meet the goals of the Individual Family Service Plan which shall be designed to eliminate the need for removal of children from the home, foster family self-sufficiency and meet overall goals of family preservation program; (7) Services shall be designed to assist the family to improve parental and household management competence and to solve practical problems that contribute to family stress so as to effect improved parental performance and enhanced functioning of the family unit; (8) Services shall be designed to help families locate and utilize additional assistance, including, but not limited to, counseling and treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public assistance, and other basic support services; and (9) Services shall include, but are not limited to: conflict resolution, nutrition (meal preparation, food storage, purchase of food); housekeeping (health and sanitation); health and hygiene; physicals and follow- up medical care; school enrollment/transportation; parent effectiveness training; family therapy; legal assistance; drug and/or alcohol treatment; crisis services (food, shelter, clothing, etc.). History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

(a) The Department shall be the administrative agency responsible for family preservation services and may receive funding from any source for the implementation or expansion of such services. The Department shall: (1) Provide coordination and planning for the implementation and expansion of family preservation services; (2) Monitor and evaluate such services to determine whether the programs meet measurable standards specified by this Act and the Department; (b) In carrying out the requirements of subsection (a)(1) of this section, the Department may consult and coordinate with at least one qualified private, nonprofit agency that has demonstrated expertise and experience in family preservation services. (c) The Department may provide family preservation services directly in conjunction with other government agencies, and may, within available funds, contract with private, nonprofit, social service agencies to provide services, provided that such agencies meet measurable standards specified by this Act and by the Department. (d) The Department shall not continue to provide family preservation services unless it is demonstrated that providing such services prevents foster care placement in at least 70 percent of the cases served for a period of at least six months following termination of services. The Department shall not renew a contract with a service provider unless the provider can demonstrate that providing such services prevents foster care placement in at least 70 percent of the cases served for a period of at least six months following termination of service. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

(a) Family preservation services may be provided to children and their families only when the Department has determined that: (1) The child has been placed in foster care or is at actual or imminent risk of foster care placement due to (i) Child abuse or neglect; (ii) A serious threat of substantial harm to the child's health, safety and welfare; or (iii) Serious family conflict; and (2) There are no other available services that will prevent foster care placement of a child or make it possible to immediately return the child to the home. (b) The Department shall refer eligible families to family preservation services on a 24 hour intake basis. The Department need not refer otherwise eligible families, and family preservation services need not be provided if: (1) The services cannot be provided because the program is filled to capacity and there are no current service openings; (2) The family refuses the service; (3) The Department or the agency that is supervising the foster care placement, has developed a case plan that does not include reunification of the child and family; or (4) The Department or the contracted service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened. (c) Nothing in this Act shall prevent non-family members from receiving family preservation services when the Department or the service provider deems it necessary or appropriate to do so in order to assist the family or child. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

For the purpose of providing family preservation services to children who would otherwise be removed from their homes, the Department may: (1) Solicit and use any available federal or private resources, which may include funds, in-kind resources, or volunteer services. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

The Department providing family preservation services under section 111(c) of this title is not intended to replace existing contracts with private nonprofit social service agencies that provide family preservation services. History: Added Apr. 6, 1994, No. 5962, § 1, Sess. L. 1994, p. 22.

The Virgin Islands hereby enacts into law and enters into the Interstate Compact on the Placement of Children with all other jurisdictions which have enacted or shall hereafter enact the Compact in the form substantially as follows: Article I. Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. Article II. Definitions As used in this Compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control. (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (d) "Placement" means the arrangement for the care of a child in a family or boarding home or in a child-care agency or institution, but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, or any hospital or other medical facility. (e) "State" means any state or territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico. Article III. Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraphparagraph (b)his article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this Compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. Article IV. Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this Compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to a penalty in either jurisdiction in accordance with its laws. In addition to the liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children. Article V. Retention of Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this Compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof. Article VI. Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this Compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care, and the court finds that: 1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and 2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Article VII. Compact Administrator The executive head of each jurisdiction party to this Compact shall designate an officer who shall be general coordinator of activities under this Compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this Compact. Article VIII. Limitations This Compact shall not apply to: (a) the sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian, and leaving the child with any such relative or non-agency guardian in the receiving state; or (b) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. Article IX. Enactment and Withdrawal This Compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this Compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this Compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. Article X. Construction and Severability The provisions of this Compact shall be liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of any other laws fixing responsibility for the support of children also may be invoked. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to the Virgin Islands, mean the Department of Human Services with reference to placement in foster care or as a preliminary to a possible adoption and the Youth Services Administration with reference to institutional care of delinquent children. The Department of Human Services shall receive and act in response to notices required by said Article III with reference to placement in foster care or as a preliminary to a possible adoption. The Department of Human Services shall receive and act in response to the provisions of Article VI with reference to institutional care of delinquent children. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in receiving state" shall mean the Department of Human Services with reference to placement in foster care or as a placement to a possible adoption and the Department of Human Services with reference to institutional care of delinquent children. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

The officers and agencies of the Virgin Islands having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on the Government of the Virgin Islands shall not be binding unless it has the approval in writing of the Governor, the Director of the Office of Management and Budget, the Attorney General and the Commissioner of Property and Procurement. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

As used in this Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is hereby authorized to appoint a Compact Administrator, with the advice and consent of the Legislature, in accordance with the terms of Article VII and who shall have responsibility for promulgating, in cooperation with the Department of Human Services, rules and regulations for implementing the provisions of the Compact. History: Added Dec. 18, 1979, No. 4374, § 1, Sess. L. 1979, p. 242.

This chapter shall be known as and may be cited as the "Virgin Islands Criminal Victims Compensation Act". It shall be liberally construed to effect its purposes. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 22.

The purpose of the provisions of this chapter is to establish a program of public compensation to innocent victims of certain criminal offenses, to the persons injured or killed while attempting to prevent the commission of criminal offenses or to apprehend suspected offenders, and to families of such victims or persons for personal injuries or deaths resulting from the commission of such offenses. This purpose is a reflection of the recognition by the Legislature of the Virgin Islands that many criminal offenses result from social and economic diseases of the community, while many others result from the temporary and permanent mental and emotional aberrations of the offender, and still others are perpetrated by the asocial and the socially immature and immoral, all of which are beyond the control of most victims of crimes. The Legislature is further cognizant of the social need to enlist and encourage the cooperation of the public in preventing crimes and in capturing criminals and to compensate any person who is injured while attempting to prevent a crime or apprehend a criminal. With this recognition as a base, the Legislature determines and declares, as a matter of public policy, that no innocent victim of any criminal offense covered by this chapter, no person injured while fulfilling his public duty in attempting to prevent a crime or to apprehend a criminal, and no family of any such victim or person shall be constrained to bear the financial burden of resulting personal injury or death, and that the Government of the people of the Virgin Islands shall compensate any such victim or person or family for the loss resulting from such injury or death. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 22.

Unless the context clearly requires otherwise, as used in this chapter - (1) The term "applicant" means any person who applies for compensation under the provisions of this chapter. (2) The term "child" means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child. (3) The term "Commission" means the Virgin Islands Criminal Victims Compensation Commission created and established by Section 375a of Title 3 of this Code. (4) The term "dependents" means such relatives of a deceased victim as were dependent upon his income at the time of his death, or would have been so dependent but for the incapacity due to the injury from which death resulted, and shall include the child of such victim born after his death. (5) The term "Executive Secretary" means the Executive Secretary of the Commission. (6) The term "offender" means any person accused, indicted, or convicted of the criminal offense which was the alleged cause of the injury or death for which compensation is sought under the provisions of this chapter. (7) The terms "personal injury" and "injury" mean actual bodily harm, and include pregnancy and psychological or emotional trauma. (8) The term "victim" means any person, regardless of the residence of such victim, who is injured or killed in the United States Virgin Islands, or a resident of the United States Virgin Islands, who is injured or killed by an act of terrorism as defined in Section 2331 of Title 18, United States Code, committed outside of the United States. (9) Resident means a person who maintains a place of permanent abode in the U.S. Virgin Islands. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 23; amended Oct. 29, 1990, No. 5646, § 1(i)-(iv), Sess. L. 1990, p. 365; Jan. 22, 1998, No. 6199, § 1(a), Sess. L. 1998, p. 18.

Hearings; Reports With Recommendations; Submission to Commission (a) Except as otherwise provided in this chapter, the Executive Secretary shall administer the provisions of this chapter. (b) Upon an application made to the Commission under the provisions of this chapter, the Executive Secretary shall hold a prompt and fair hearing on each application filed under this chapter, and, on the basis of evidence received, shall prepare a written report with recommendation for action on such application by the Commission. (c) The Executive Secretary, within fifteen days after the preparation of the report with recommendations, shall submit copies to each member of the Commission, to the applicant, to the victim if he is not the applicant and is living, and he shall submit, upon request, copies to any other person who satisfies the Executive Secretary that he has a substantial interest in the proceedings. He shall further, within 30 days after the preparation of the report with recommendation, submit such report and recommendation to the Commission and call the Commission to formal meeting for the purposes of considering and acting upon the application and the report. The Executive Secretary shall notify the offender, in writing, that an application for benefits has been filed. (d) The Executive Secretary shall notify the applicant, the victim if he is not the applicant and is living, and any other person who satisfies the Executive Secretary that he has a substantial interest in the proceedings of the time and place for the preliminary hearing before him and for the final consideration by the Commission. (e) The Executive Secretary shall execute all orders of the Commission. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 24; amended Oct. 29, 1990, No. 5646, § 1(v)-(vii), Sess. L. 1990, p. 365; Jan. 22, 1998, No. 6199, § 1(b), Sess. L. 1998, p. 18.

Finality (a) When called to consider and to act upon an outstanding application and accompanying report submitted pursuant to section 156(c) of this chapter, the Commission shall make its determination and issue its order with due dispatch. Such determination and order of the Commission shall be final as provided by section 166 of this chapter. (b) The Commission shall hold a fair hearing before making its determinations and before rendering a final order when such a hearing is requested by the Executive Secretary, by a majority of the members of the Commission, by the applicant, or by the offender. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 24.

Criminal Conviction; Immunity of Witnesses (a) The Executive Secretary and the Commission, when conducting a proceeding under this chapter, shall have the authority and the power to administer oaths and affirmations, to issue subpoenae ad testificandum and subpoenae duces tecum which shall be enforceable pursuant to the pertinent provisions of chapter 29, Title 14, Virgin Islands Code, in any case of contumacious failure to comply with any such subpoena, to rule upon offers of proof and receive relevant evidence, to take or cause depositions to be taken when it is determined that the prompt and fair disposition of the proceeding will be furthered thereby, to require reports or testimony from medical doctors or psychologists who have treated or examined the victim in relation to the injury or death for which compensation is sought, to direct the course of the proceeding, to dispose of procedural requests and motions, to make recommendations, determinations, and orders in conformity with sections 156 and 157 of this chapter, and to take any other action authorized by rules and regulations promulgated pursuant to the provisions of this chapter. No subpoena may be issued except under the signature of the Chairman of the Commission or of the Executive Secretary, and application to any court for the enforcement of such subpoena may be made only by the Chairman or Executive Secretary. (b) The Commission shall adopt by regulation as the rules of evidence in connection with the preliminary hearing and in connection with the final consideration the provisions of section 10 of the Revised Model State Administrative Procedure Act promulgated in 1961 by the National Conference of Commissioners on Uniform State Laws. (c) The applicant, any offender, and any other person who satisfies the Executive Secretary at the preliminary hearing or the Commission at the final consideration that he has a substantial interest in the proceedings shall have the right to appear and be heard, either in person or by attorney, and shall also have the right to produce evidence and to call, to examine, and to cross-examine witnesses. (d) Any person who files an application under the provisions of subsection (c) of section 161 of this chapter on behalf of a victim or a dependent who is a child or who is non compos mentis shall have all of the procedural rights and privileges granted and guaranteed to applicants under this chapter. (e) No person appearing as a witness before the Commission at final consideration may be excused from answering any question put to him by any member of the Commission on the ground that to answer might or would incriminate him; but no answers made by any witness to any such question shall be used or admitted in evidence in any proceeding against such be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the person for perjury or for contempt in respect to any answer to any such question. Refusal to answer any question determined by the Commission to be proper and pertinent shall be subject to punishment for contempt under the pertinent provisions of chapter 29, Title 14, Virgin Islands Code. (f) In making a determination the Commission shall consider all circumstances which it determines to be relevant, including provocation, consent, or any other behavior of the victim which directly contributed to his injury or death. (g) The Executive Secretary, in connection with the preliminary hearing, and the Commission, in connection with the final consideration, may not make public any information which might lead to the identification of the offender or of the victim if- (1) the offender has not been convicted, or (2) the Executive Secretary or the Commission is satisfied that privacy is necessary to protect the interests of the victim or any dependent of the victim. (h) Every determination of the Commission shall be based on the evidence before it and shall be supported by substantial evidence. The applicant shall have the burden of proving every pertinent fact, which is brought into issue, to the satisfaction of the Commission. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 26.

(a) Any victim, any person who is responsible for the maintenance or care of the victim and who has incurred expenses as a result of injury to or the death of the victim, and, in the case of the death of the victim, the estate or any dependents of the victim may apply for compensation under the provisions of this chapter. (b) Every application for compensation under this chapter shall be completed and filed by the applicant with the Executive Secretary in accordance with regulations prescribed by the Commission within two years after the personal injury or death occurs. Additionally, the Executive Secretary must be notified within ninety days after such injury or death occurs that an application for compensation under this chapter will be filed, and a report of the criminal offense which allegedly caused the injury or death for which compensation is sought under this chapter shall be filed by the victim with the police within twenty- four hours after the offense was committed. If the application, notification, or report is not filed or made within the time prescribed, the applicant shall have the burden of satisfying the Executive Secretary that the delay was justified by extraordinary circumstances. The applicant shall cooperate with the requests of law enforcement authorities. (c) In any case in which the victim or a dependent of a victim is a child, the application may be filed on his behalf by his parent or guardian; and in any case in which the victim or a dependent of the victim is mentally incompetent the application may be filed on his behalf by his parent, guardian, or such other person authorized to administer his estate. (d) No more than one application may be filed by or on behalf of any person eligible to file an application under the provisions of subsection (a) of this section; and where more than one application is filed on behalf of two or more dependents of the same victim the Executive Secretary and the Commission shall consolidate the claims and the proceedings thereunder. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 27; amended Aug. 11, 1972, No. 3285, § 3, Sess. L. 1972, p. 416; Sept. 6, 1978, No. 4195, § 1(a), Sess. L. 1978, p. 213; Oct. 29, 1990, No. 5646, § 1(viii)-(x), Sess. L. 1990, pp. 365, 366.

(a) The Commissioner may order the payment of compensation in accordance with the provisions of this chapter in any case in which- (1) The victim was injured or killed by any act or omission that constitutes a criminal offense which is a felony or aggravated assault and battery or domestic violence under the laws of the Virgin Islands and which may be prosecuted under the laws of the Virgin Islands pursuant to the provisions of subchapter V, chapter 1, Title 14 of this code; orchapter 1imTitle 14ured or killed by an act or omission that constitutes a criminal offense which is a felony under the laws of the United States and which may be prosecuted under the laws of the United States; or (2) The victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the Virgin Islands pursuant to the provisions of subchapter V, chapter 1, Title 14 of this cochapter 1 aTitle 14 a person suspected of such an offense; or the victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the United States, or to apprehend a person suspected of such an offense; or (3) The victim was injured or killed by an act or omission that constitutes a criminal offense which would have been a felony or aggravated assault and battery under the laws of the Virgin Islands had it occurred in the Virgin Islands but which occurred in a state, territory, or possession of the United States of America which does not have a crime victim compensation program for which the victim is eligible as eligibility is set forth in the Virgin Islands Criminal Victims Compensation Act; or (4) The victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the Virgin Islands had it occurred in the Virgin Islands but which occurred in a state, territory, or possession of the United States of America which does not have a crime victim compensation program for which the victim is eligible as eligibility is set forth in the Virgin IslVirgin Islands Criminal Victims Compensation Actprehend a person suspected of such an offense. (5) The victim was injured or killed by an act of terrorism, as defined in section 2331 of Title 18 of the United States Code, committed outside of the United States against a resident of this State or against a resident of the United States Virgin Islands. (b) For the purposes of this chapter, the fact that the offender was legally incapable of forming a criminal intent by reason of age, insanity, drunkenness, or otherwise shall not preclude an award of compensation under this chapter. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 27; amended Oct. 29, 1990, No. 5646, § 1(xi)-(xiii), Sess. L. 1990, p. 366; Jan. 22, 1998, No. 6199, § 1(c), Sess. L. 1998, p. 18.

For Compensation; Effect of Prosecution Or Conviction (a) The Commission, upon proper application and after the required preliminary hearing before the Executive Secretary and the required final consideration and if it determines that the applicant has satisfied the burden of proving all contested issues of fact, may order the payment of compensation in accordance with the provisions of this chapter from the Criminal Victims' Compensation Fund created and established as a special revolving fund in the Treasury of the Virgin Islands under section 3030 of Title 33 of this code. (b) Subject to the limitations of subsection (a) of section 164 of this subchapter and the deductions and limitations under section 165 of this subchapter, the Commission may order the payment of compensation- (1) to, or for the benefit of, the victim or to his estate up to the amount of expenses actually and reasonably incurred or to be incurred as a result of the injury or death of the victim, including medical, burial, and other necessary expenses; provided, however, that payments for burial expenses shall not exceed two thousand five hundred dollars ($2,500); (2) to any person responsible for the maintenance or care of the victim who has incurred expenses as a result of the injury or death of the victim, including medical, burial, and other necessary expenses, up to the amount of such expenses; provided, however, that payments for burial expenses shall not exceed two thousand five hundred dollars ($2,500); (3) to or for the benefit of the victim for- (A) the loss of earnings resulting from total or partial disability and in accordance with rules issued by the Commission; and resulting from the injury equal to two-thirds (2/3) of the difference between his earnings (or earnings power, if the victim was not employed) at the time when the injury occurred, and the wages, including annual and sick leave benefit payments, if any, earned by the victim during his disability; and (B) pain and suffering, but not to exceed five thousand dollars ($5,000); (4) in the case of the death of the victim, to or for the benefit of any one or more of the dependents of the victim up to the amount of the pecuniary loss of such dependents, but not to exceed twenty thousand dollars ($20,000) to the spouse of the deceased victim and not to exceed five thousand dollars ($5,000) to each dependent of the deceased victim other than the spouse. Social Security benefits being paid to the surviving spouse and dependents of the deceased victim will be considered as collateral payment in determining the percentage of the victim's wages which shall be paid to the applicant. (c) For the purpose of determining the amount of any compensation to be awarded under this chapter, the Commission shall, insofar as practicable and feasible, formulate standards for the uniform and consistent application of the provisions of this chapter, and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of the Virgin Islands and of the United States and the availability of funds in the Criminal Victims' Compensation Fund. (d) An award may be granted under this chapter whether or not any person is prosecuted for or convicted of the crime which is the alleged cause of the injury or death. The Executive Secretary or the Commission may suspend the preliminary hearing or the final consideration, respectively, for such appropriate period during which a prosecution for the criminal offense, which is the alleged cause of the injury or death for which compensation is sought, has been commenced or is imminent. (e) For the purposes of this section, medical expenses shall include behavioral health counseling and care. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 28; amended Sept. 6, 1978, No. 4195, § 1(b)-(e), Sess. L. 1978, p. 213; Feb. 4, 1982, No. 4679, § 1(a)-(d), Sess. L. 1982, p. 33; May 22, 1990, No. 5553, § 2, Sess. L. 1990, p. 179; Oct. 29, 1990, No. 5646, § 1(xiv)-(xvi), Sess. L. 1990, pp. 366, 367; amended Jan. 6, 2019, No. 8152, § 1(a)(9), Sess. L. 2018, p. 327.

(a) The total amount of compensation awarded or paid to any one applicant under the provisions of section 163 of this subchapter may not exceed the sum of $25,000. (b) The Commission may not award compensation to an applicant under this chapter if, supported by substantial evidence, it determines that- (1) The criminal offense, which allegedly caused the injury or death for which compensation is sought under this chapter, did not occur; but if any person has been convicted of the criminal offense, proof of that conviction unless an appeal against the conviction or a petition for a rehearing, retrial, or certiorari in respect of all charges is pending or a new trial or rehearing has been ordered, shall be res judicata as to the fact that the criminal offense has been committed; or (2) The act or omission which constituted such criminal offense was not a proximate cause of the injury or death; or (3) The requirements of section 161 of this chapter were not met or the provisions of section 162 of this subchapter were not satisfied; or (4) The victim and the offender, at the time when the injury or death was caused, were engaged in a common unlawful enterprise or activity; or (5) The injury or death was caused by the operation of a motor vehicle, airplane, or boat, unless the vehicle, airplane, or boat was used as a weapon in a deliberate attempt to injure or kill the victim, or the injury or death was caused by a person driving under the influence of alcohol or drugs, or injury or death is caused by a confirmed hit and run vehicular accident, or injury or death was caused by terrorism, the Commission may order the payment of compensation in accordance with the provisions of this chapter. (c) In determining the amount of an award, the Commission shall determine whether, because of his conduct, the victim of such crime contributed to the infliction of his injury, and the Commission shall reduce the amount of the award or reject the claim altogether, in accordance with such determination; provided, however, that the Commission may disregard for this purpose the responsibility of the victim for his own injury where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in his presence or to apprehend a person who had committed a crime in his presence or had in fact committed a felony. (d) A person who is criminally responsible for the crime upon which a claim is based shall not be eligible to receive an award with respect to such claim. A member of the family of a person criminally responsible for the crime upon which a claim is based shall be eligible to receive an award according to the provisions of this chapter, unless the Board determines pursuant to regulations adopted by the Board, that the person criminally responsible will receive substantial economic benefit or unjust enrichment from the compensation. In such circumstances the award may be reduced or structured in such a way as to remove the substantial economic benefit or unjust enrichment to such person or the claim may be denied. (e) Orders for payment of compensation pursuant to this chapter may be made only as to injuries or death caused by criminal offenses occurring after January 1, 1968, or caused during an attempt to prevent a criminal offense or to apprehend a person suspected of committing such an offense which attempt occurred after January 1, 1968. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 29; amended July 16, 1968, No. 2286, § 1, Sess. L. 1968, Pt. II, p. 236; Sept. 6, 1978, No. 4195, § 1(f)-(h), Sess. L. 1978, p. 214; Feb. 4, 1982, No. 4679, § 1(e), Sess. L. 1982, p. 34; May 22, 1990, No. 5553, § 1, Sess. L. 1990, p. 179; Oct. 29, 1990, No. 5646, § 1(xvii)-(xix), Sess. L. 1990, p. 367; Jan. 22, 1998, No. 6199, § 1(d), Sess. L. 1998, p. 18.

(a) Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the Commission determines to be appropriate. (b) Any claim made pursuant to this chapter shall be reduced by the amount of any moneys actually received by the applicant from the offender, from any person on behalf of the offender, or from any public or private source, other than any type of policies on the victim's life, for the personal injury or death for which compensation was awarded under this chapter. (c) In determining the award, the claim determined payable by the Commission shall be reduced by any collateral source payments and the award shall be the difference between the claim amount and the collateral proceeds; however, in no event shall the award exceed the statutory maximum after the claim has been reduced by collateral payments. (d) The payment of any compensation awarded under this chapter shall be subject to and limited by other outstanding awards under this chapter and the amount of money in the Criminal Victims' Compensation Fund. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 30; amended Oct. 29, 1990, No. 5646, § 1(xx)-(xxi), Sess. L. 1990, pp. 367, 368.

(a) Every determination and order of the Commission shall be final, except that an applicant may obtain a reconsideration by the Commission of an order upon filing a written request for reconsideration with the Executive Secretary within one calendar year after the issuance of the order, and upon approval of the request by the Commission. (b) In the case of an award to or for the benefit of the victim under subdivision (3) of subsection (b), section 163 of this subchapter which is to be paid periodically, depending on the continuing disability of and any wages earned by the victim, the Commission shall review the award at least every two years to determine such continuing disability and wages earned, if any, and to alter such award to accord with any pertinent change in circumstances. The victim shall inform the Commission of any pertinent change in his disability or in his income from wages. If the victim does not inform the Commission as required, his payments may be terminated at the discretion of the Commission. (c) Neither the right of the applicant to reconsideration nor the obligation of the Commission to review shall affect the finality of a determination and order of the Commission. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 31.

Any applicant who has received payments on an award made by the Commission under this chapter shall pay to the Commission all sums, not to exceed the amount of such payment, which, after the payment on the award, have been received by the applicant from the offender, from any person on behalf of the offender, or from any payments under any insurance policy, other than a life policy, or from any payments received from any public or private source, for the personal injury or death for which the award was made under this chapter. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 31; amended Oct. 29, 1990, No. 5646, § 1(xxii), Sess. L. 1990, p. 368.

(a) In any case where a person is convicted of a crime which was the cause of the injury or death for which compensation has been awarded under this chapter, the Commission may institute an action against such person for the recovery of the whole or any specified part of such compensation actually paid to the applicant under this chapter in any court of competent jurisdiction in the Virgin Islands. Such court shall have jurisdiction to hear, determine, and render judgment in any such action. Any amount recovered and collected which exceeds the amount paid pursuant to the award shall be paid to the applicant. (b) In any case where payment is made to the Commission under section 169 of this subchapter, the Commission may recover under this section only the difference between such payment and the amount of the compensation awarded under this chapter. The balance of any amount recovered and collected shall be paid to the applicant. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 31.

All payments made to the Commission under the provisions of section 169 of this subchapter and all payments made to the Commission on awards granted under the provisions of section 170 of this subchapter shall be covered by the Commission into the Criminal Victims Compensation Fund created and established as a special revolving fund in the Treasury of the Virgin Islands under section 3030 of Title 33 of the Code. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 32.

The Commission, subject to the approval of the Governor and not inconsistent with law, may adopt, enforce, revise, amend, rescind, or repeal rules and regulations prescribing the administrative and procedural steps to be followed in the filing of applications and during the proceedings under this chapter, and governing other administrative functions and activities of the Commission, of the Executive Secretary, and of any staff members. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 32.

Subject to the provisions of chapter 35 of Title 3 of this code, the Commission may employ such personnel as it determines necessary for the effective and efficient administration of its functions and responsibility. Budget needs of the Commission shall be submitted annually to the Legislature as a part of the budget of the Department of Human Services. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 32; amended Apr. 23, 1968, No. 2176, § 1(a), Sess. L. 1968, Pt. I, p. 457.

The Commission shall prepare and transmit to the Governor and to the Legislature annually a report of its activities under this chapter including the name of each applicant, a brief description of the facts in each case, the amount, if any, of compensation awarded, recommendations for appropriate amendments to the law, and an accounting of revenues to and expenditures from the Criminal Victims Compensation Fund with estimates of needs during the next fiscal year. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 33.

The pertinent provisions of chapter 77 of Title 14 of this code shall apply to every application, statement and document and to all information presented to the Executive Secretary in the application or at the preliminary hearing, or presented to the Commission at the final consideration of an application for compensation under this chapter; and, in addition, whoever, in any matter during a preliminary hearing or a final consideration, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $1,000 or imprisoned for not more than 5 years, or both. History: Added Mar. 6, 1968, No. 2111, § 2, Sess. L. 1968, Pt. I, p. 33; amended Apr. 23, 1968, No. 2176, § 1(b), Sess. L. 1968, Pt. I, p. 457.

(a) In all determinations, awards, or orders by the Commission wherein the sum or amount of the award to a victim or his dependent is less than $1,000.00, the legal or attorney's fees shall not exceed more than two percent (2%) of the amount of the award. (b) In all determinations, awards or orders by the Commission wherein the sum or amount of the award to a victim or his dependents, is more than $1,000.00, the legal or attorney's fees shall not exceed five percent (5%) of said award. (c) In all other determinations, awards or orders by the Commission not covered in the above subsections, the amount of the legal or attorney's fees shall be determined by either a majority of the members of the Commission or by the sole determination of the Commission's executive secretary. History: Added Sept. 6, 1978, No. 4195, § 1(i), Sess. L. 1978, p. 214.

The Executive Secretary may make an emergency award of compensation to the applicant pending a final decision in the case if it appears to the Commission that, prior to taking action on an application, the claim is one for which compensation is probable, and undue hardship will result to the applicant if immediate payment is not made. However, (1) the amount of the emergency compensation may not exceed $500.00; (2) the amount of the emergency compensation shall be deducted from the final compensation made to the applicant; and (3) the amount of such emergency award which is in excess of the final award, or the final amount of the emergency award if no final award is made, shall be repaid by the applicant to the Commission. History: Added Oct. 29, 1990, No. 5646, § 1(xxiii), Sess. L. 1990, p. 368.

In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to Territorial and Federal law enforcement efforts, and to the general effectiveness and well-being of the criminal justice system of the United States Virgin Islands, the Legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights extended in this chapter to victims and witnesses are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the Territory has a responsibility to provide support to a network of services for victims of crime, including victims of domestic violence and criminal sexual assault. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379.

As used in this chapter (1) "Crimes against the person" means criminal offenses that involve bodily harm; including assault, battery, domestic violence, kidnapping and rape. (2) "Victim" means a person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime against him. The term "victim" also includes the immediate family members of a crime victim who is a minor or who is physically or emotionally incapacitated as a result of the crime. (3) "Witness" means any person who has been or is expected to be summoned to testify for either the prosecution or the defense, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379; amended Apr. 11, 2022, No. 8551, § 1(1), Sess. L. 2022, p. 92.

This section may be cited and shall be known as the "Victim's and Witness' Bill of Rights." To the extent reasonably possible and subject to available resources, victims and witnesses of crime are afforded the following rights where applicable: (a) Victims and witnesses have a right to be treated with dignity and compassion. (1) A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury. (2) A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance. (3) A victim or witness has a right to receive courteous assistance as he cooperates with criminal justice personnel. (b) Victims and witnesses have a right to protection from intimidation and harm. (1) A victim has the right to be free from intimidation when involved in the criminal justice system. (2) When the threat of damaging intimidation cannot be avoided, law enforcement agencies shall take measures to protect the victim or witness, including, but not limited to, transportation to and from court and physical protection in the courtroom and adjoining facilities. (3) The court shall provide the victim or witness waiting areas that are separate from those that will be used by the defendant, his family, or friends. (4) If a witness is threatened, the prosecutor shall, to the extent reasonably possible, attempt to prosecute the person. (c) Victims and witnesses have a right to be informed concerning the criminal justice process. Victims and witnesses who wish to receive notification and information must provide the Department of Justice or the United States Attorney, as applicable, with their current address and telephone numbers. The prosecutor who is prosecuting the case shall have the responsibility of ensuring that the rights listed in this subsection are promulgated and complied with, except subsection (c)(6) of this section which is the responsibility of the Bureau of Corrections. (1) A victim or a witness has a right to be informed about the procedures and practices of the criminal justice system. (2) A victim has a right to be informed of financial assistance and other social services available to victims and witnesses. (3) A victim has a right to be informed of any compensation or fees to which he is entitled. (4) A victim has a right to know the status and progress of his case from the police investigation to final disposition. (5) A victim or prosecution witness has a right to be informed of a defendant's release on bail. (6) A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender. (7) A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody. (8) Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or witness has the right to be informed of all hearings and procedures in time to exercise his right to attend. (9) A victim has the right to be informed of whatever rights to legal counsel are available to him in this Territory. (10) A victim has the right to discuss his case with the prosecutor. (11) A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery of damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime. (12) A victim has the right to discuss his case with the prosecutor and to be informed of any offers to plea bargain with the defendant. (13) A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled. (14) A witness has a right to be informed of financial assistance, compensation, or fees to which he is entitled. (d) Victims and witnesses have a right to reparations. (1) A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court shall determine the rate of reimbursement and reimburse all eligible persons in a timely manner. (2) A victim, or his surviving dependents, has the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the Virgin Islands Criminal Victims Compensation Commission. (3) A victim has the right to receive restitution for expenses or property loss incurred as a result of the crime. The judge shall order restitution at every sentencing for a crime against person or property, or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution. (e) Victims and witnesses have a right to preservation of property and employment. (1) A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, with employer and creditor intercession services by the prosecutor who: (A) shall seek employer cooperation in minimizing an employee's loss of pay and other benefits resulting from his participation in the criminal justice process, and (B) shall seek consideration from creditors if the victim is unable, temporarily, to continue payments. (2) A victim has the right to have recovered or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the prosecutor, or law enforcement agencies using photographs of property as evidence whenever possible. (f) Victims and witnesses have a right to due process in criminal court proceedings. The court, the prosecutor and the defense shall recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights. (1) A victim has the right to participate in the criminal justice process directly or through representation. (2) A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation. (3) A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost and inconvenience resulting from his involvement in a prosecution. (g) Victims and witnesses who are very young, elderly, who are handicapped, or who have special needs, have a right to special recognition and attention by all criminal justice, medical, and social service agencies. The court shall treat "special" witnesses sensitively, using closed or taped sessions when appropriate. The prosecutor or defense shall notify the court when a victim or witness deserves special consideration. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379; amended Apr. 11, 2022, No. 8551, § 4, Sess. L. 2022, p. 94.

Against the Person (a) In addition to the rights granted to victims and witnesses in section § 203, a victim of a crime against the person has a right to request advance notice of the offender's release from custody. Initially, the court shall notify the Virgin Islands Police Department-Office of Victim/Witness Advocate, the Department of Justice Victim Services Unit, the Family Resource Center, and the Women's Coalition, or any successor victim's advocacy organization, of the pre-trial and post-trial release of a defendant who is charged with a crime against the person. (b) (1) Using the most recent contact information provided by the victim, the Department of Justice shall notify any victim or alleged victim who has requested to be notified of the release of the defendant: (A) not later than 15 days before the defendant is released from custody for any reason, including release on bail or personal recognizance, release from a medical or mental health institution, completion of the term of incarceration or commutation of sentence; or (B) as soon as practicable after being notified of the defendant's impending release, but not later than 24 hours after learning of the defendant's actual release; or (C) not later than one hour after being notified that a defendant has escaped from custody. (2) The notice must be by one of the following means: (A) calling the victim or alleged victim; (B) emailing the victim or alleged victim; or (C) serving the victim or alleged victim with notification of release by a person authorized to serve summonses and complaints. (c) The Department of Justice, through its Victims Services Unit, shall ensure that victims who have requested notification provide their most recent telephone number, email address, mailing address and primary place of residence. The Department of Justice shall ensure that the information is stored securely. The victim is responsible for providing to the Department of Justice the victim's current contact information. (d) When a defendant is found guilty of a crime of violence or an offense involving crimes against the person, and a condition of the sentence restricts the defendant's ability to have contact with the victim, that condition must be included in the order, and the Clerk of the Court or the person designated by the court shall provide a written copy of that order to the victim not later than 48 hours after its entry. (e) The Bureau of Corrections shall notify the Department of Justice, the Virgin Islands Police Department, the Family Resource Center, and the Women's Coalition, or any successor victim's advocacy organization, of the release of a defendant who is charged with a crime against the person: (1) not later than 30 days before the defendant is released from custody for any reason, including release on bail or personal recognizance, release from a medical or mental health institution, completion of the term of incarceration or commutation of sentence; or (2) as soon as practicable after being notified of the defendant's impending release, but not later than 24 hours after learning of the defendant's actual release; or (3) not later than two hours after discovering that a defendant has escaped from custody. History: Added Apr. 11, 2022, No. 8551, § 1(2), Sess. L. 2022, p. 92, 93.

Nothing in section 203 of this chapter shall create a cause of action on behalf of any person against any Territorial or Federal Government employee or agency or the Government of the United States Virgin Islands or the United States of America or any agency responsible for the rights and provision of services set forth in this chapter. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379.

(a) The provisions of this section shall govern the disposition of any criminal offense within the jurisdiction of the Superior Court in any case which involves an identified victim whose whereabouts are known. (b) It is the responsibility of the prosecutor's victim or witness assistance unit in each judicial district, or a representative designated by the Attorney General or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing, at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in Superior Court and at a parole hearing. The Department of Justice or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases in which the prosecutor determines that there has been extensive or significant impact on the life of the victim, a Victim Witness Assistance Representative, designated by the Attorney General, shall assist the victim in completing the form. The victim must submit this statement to the Department of Justice within appropriate time limits set by that Department to be filed in the court records by the Department of Justice so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the prosecutor shall forward a copy of the impact statement to the Territorial Probation Office and the United States Virgin Islands Parole Board. (c) The Attorney General shall develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other territorial agency or department in developing this form. (d) The victim impact statement shall: (1) Identify the victim of the offense; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence; (4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; (6) Contain any other information related to the impact of the offense upon the victim; and (7) The original of the statement must be included in the court file with one copy for the prosecutor and one copy for the victim. (e) The Judicial Council shall develop appropriate guidelines for Superior Court judges to follow for the purpose of utilizing and considering the victim impact statement, along with all other mitigating and aggravating circumstances, in determining the sentence to be imposed. (f) No sentence may be invalidated because of failure to comply with the provisions of this chapter. This section may not be construed to create any cause of action for monetary damages. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379.

(a) The Government of the Virgin Islands shall pay for forensic medical examinations conducted on victims, including a child victim of rape, or unlawful sexual contact in any degree, without regard to whether the victim cooperates with law enforcement, or has health insurance. (b) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the U.S. Virgin Islands Police Department. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The U.S. Virgin Islands Police Department shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above. (c) A licensed health care facility, upon completion of a routine sexual assault exam, as described in (b) above, performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in the United States Virgin Islands, may file a claim for reimbursement directly to the Virgin Islands Criminal Victims Compensation Commission. The Virgin Islands Criminal Victims Compensation Commission shall develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The Virgin Islands Criminal Victims Compensation Commission shall reimburse eligible health care facilities directly. History: Added Oct. 29, 1990, No. 5646, § 18, Sess. L. 1990, p. 379; amended Aug. 9, 2024, No. 8865, § 1, Sess. L. 2024, p. -.

It is the purpose of the Virgin Islands to provide vocational rehabilitation services to physically handicapped individuals of the Virgin Islands so that they may prepare for and engage in useful and remunerative occupations to the extent of their capabilities, thus increasing their social and economic well- being and the productive capacity of the Virgin Islands and reducing the burden of dependency on families and taxpayers. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 404.

For the purposes of this chapter- "maintenance" means payments to cover the handicapped individual's basic living expenses, such as food, shelter, clothing, health maintenance, and other subsistence expenses essential to achieving the individual's vocational rehabilitation objective; "nonprofit", when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under the Virgin Islands income tax law; "physically handicapped individual" means any individual who is under a physical or mental disability which constitutes a substantial handicap to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in a remunerative occupation; "prosthetic device" means any appliance designed to support or take the place of a part of the body, or to increase the acuity of a sensory organ; "rehabilitation facility" means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals- (1) which provides one or more of the following types of services- (A) testing, fitting, or training in the use of prosthetic devices; (B) prevocational or conditioning therapy; (C) physical or occupational therapy; (D) adjustment training; or (E) evaluation or control of special disabilities; or (2) through which is provided an integrated program of medical, psychological, social and vocational evaluation and services under competent professional supervision; Provided, That the major portion of such evaluation and services is furnished within the facility and that all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the Virgin Islands. "remunerative occupation" includes employment in the competitive labor market; practice of a profession; self-employment; home-making, farm or family work (including work for which payment is in kind rather than in cash); sheltered employment; and home industries or other home-bound work of a remunerative nature; "vocational rehabilitation services" means diagnostic and related services (including transportation) incidental to the determination of eligibility for and the nature and scope of services to be provided; training, guidance and placement services for physically handicapped individuals; and, in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such individual fit to engage in a remunerative occupation (including remunerative home-bound work) including the following physical restoration and other goods and services- (1) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap within a reasonable length of time; (2) necessary hospitalization in connection with surgery or treatment specified in paragraph (1); (3) such prosthetic dparagraph (1) essential to obtaining or retaining employment; (4) maintenance, not exceeding the estimated cost of subsistence, during rehabilitation; (5) tools, equipment, initial stocks and supplies (including equipment and initial stocks and supplies for vending stands), books and training materials, to any or all of which the Department of Social Welfare may retain legal title; and (6) transportation (except where necessary in connection with determination of eligibility or nature and scope of services) and occupational licenses; (7) the provision, for the severely handicapped, of remunerative employment or self-employment through the use of vending stands or other equipment and initial stocks and supplies in any type of small business, the operation of which will be improved through management and supervision by the Department of Human Services, and in workshops; "workshop" means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals who cannot be readily absorbed in the competitive labor market. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 404.

The Department of Human Services shall be the sole agency for the administration, in the Virgin Islands, of the vocational rehabilitation program provided for by this chapter, and by the Federal Vocational Rehabilitation Act and all acts of Congress amendatory thereof or supplementary thereto. History: Added Nov. 19, 1969, No. 2589, § 1(b), Sess. L. 1969, p. 406.

(a) The Department of Human Services has authority and jurisdiction to, and shall - (1) cooperate with the United States Department of Health and Human Services in carrying out, in the Virgin Islands, the provisions of the Federal Vocational Rehabilitation Act, as amended; (2)abilitation Act, and (pursuant to cooperative and other arrangements where necessary) utilize the services of the Department of Education, the Virgin Islands Employment Service, the Bureau of Old- Age and Survivors Insurance (Department of Health and Human Services) and other Federal, state, territorial and Virgin Islands agencies providing services relating to vocational rehabilitation services; and to cooperate with, and utilize the services of, private agencies and institutions providing such services; (3) administer the funds provided by the Federal Government and the Legislature for the promotion of vocational rehabilitation; (4) establish, operate, and maintain rehabilitation facilities and workshops, provided, that to establish rehabilitation facilities and workshops includes the acquisition by purchase, lease, gift or otherwise of necessary lands, and the construction, expansion, remodeling or alteration, and equipment of necessary buildings; (5) assist by means of money grants, where funds are available for such purposes, in the establishment of nonprofit rehabilitation facilities and workshops, provided, that the grants authorized by this subsection are limited to those which would be subject to Federal participation pursuant to the Federal Vocational RehabilitRehabilitation Actamended; and (6) conduct research and demonstrations and compile statistics relating to the provision of services to or the need of services by physically handicapped individuals and initiate projects for the extension and improvement of vocational rehabilitation services. (b) In addition to the powers and duties prescribed in subsection (a) of this section, the Department of Human Services has authority and jurisdiction to, and shall - (1) enter into an agreement with the Secretary of Health and Human Services regarding determination and certifications of disability with respect to such class or classes of individuals in the Virgin Islands as the Board deems reasonable; (2) enter into agreements with schools, hospitals and other institutions and agencies, both public and private, and with doctors, nurses, technicians, and other persons, to provide for training, transportation, physical restoration, and other vocational rehabilitation services; (3) prepare, and from time to time amend, and submit to the United States Department of Health and Human Services, the Virgin Islands plan for vocational rehabilitation services as required to obtain the full benefits of the Federal Vocational Rehabilitation Act, as amended; (4) establish and Rehabilitation Actods of administration as are determined by the United States Secretary of Health and Human Services to be necessary for the proper administration of the plan; (5) make such reports, in such form and containing such information as the United States Secretary of Health and Human Services, may from time to time reasonably require to carry out its functions under the Federal Vocational Rehabilitation Act, as amended, and to complyRehabilitation Actvisions as he may from time to time find necessary to assure the correctness and verification of such reports; (6) make reasonable rules and regulations which it deems necessary to carry out the purposes of this chapter, including rules and regulations relating to the - (A) establishment and maintenance of minimum standards governing the facilities and personnel utilized in providing vocational rehabilitation services; (B) protection of records and confidential information; (C) manner and form of filing applications; (D) eligibility, and investigation and determination thereof, for vocational rehabilitation services; (E) procedures for fair hearings; and (F) criteria to be used and the order to be followed in selecting eligible physically handicapped individuals when vocational rehabilitation services cannot be provided to all eligible persons who apply - (7) make certification for payment of the compensation of officials and other personnel appointed under section 381 of Title 3 for the proper administration of the provisions of this chapter, and of other expenses of administration of the vocational rehabilitation program, from funds appropriated or available for these purposes; (8) establish appropriate subordinate administrative units; (9) prepare annual reports of activities and expenditures, and, prior to each regular session of the Legislature estimates of sums required for carrying out the provisions of this chapter and estimates of the amounts to be made available for this purpose from all sources; and (10) take such other action as is determined to be necessary or appropriate to carry out the purposes of this chapter. (c) The functions prescribed in subsection (b) of this section shall be performed by the Department, or subject to its direction, supervision, control, and approval, by such officials or employees, employed by it for the purposes of carrying out this chapter, as it designates. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 406.

The Commissioner of Finance shall be the custodian of all funds received from the Federal Government for the purpose of carrying out any Federal statutes pertaining to the purpose of this chapter, and shall make disbursements from such funds and from all Virgin Islands funds available for such purpose upon certification in the manner provided in section 254(b)(7) of this title. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 409.

The Department of Human Services may accept and use gifts unconditionally by will or otherwise for carrying out the purpose of this chapter. Gifts made under such conditions as in the judgment of the Department are proper and consistent with the provisions of this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 409.

Vocational rehabilitation services shall be provided to any physically handicapped individual, including any civil employee of the United States disabled while in the performance of his duty, who, at the time of filing his application therefor, resides in the Virgin Islands; Provided, That where necessary to achieve the vocational rehabilitation of an individual such vocational rehabilitation services shall, in any event, include physical restoration in addition to training, maintenance, placement and guidance. History: Added Nov. 19, 1969, No. 2598, § 1(b), See. L. 1969, p. 409.

The right of any individual to maintenance under this chapter shall not be transferable or assignable at law or in equity. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 409.

Any individual applying for or receiving vocational rehabilitation or any other services authorized by this chapter who is aggrieved by any action or inaction of any authorized officer or employee of the Department of Human Services, shall be entitled to a fair hearing by the Commissioner. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 409.

It shall be unlawful, except for purposes directly connected with the administration of the programs authorized by this chapter, and in accordance with regulations for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list, or names of, or any information concerning persons applying for or receiving vocational rehabilitation or any other services authorized by this chapter, directly or indirectly derived from the records, papers, files, or communications of the Virgin Islands or subdivisions or agencies thereof, or acquired in the course of the performance of official duties. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 410.

No officer or employee engaged in the administration of the programs authorized by this chapter shall use his official authority or influence or permit the use of the vocational rehabilitation programs for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose. No such officer or employee shall take any active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinion as a citizen on all subjects. No such officer or employee shall solicit or receive, nor shall any such officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment, or contributions for any political purpose. Any officer or employee violating this provision shall be subject to discharge or suspension. History: Added Nov. 19, 1969, No. 2598, § 1(b), Sess. L. 1969, p. 410.

The purpose of this chapter is to make possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 25.

As used in this chapter, except as otherwise required by the context, "child" means a minor as defined by § 104(a) of this title, who is (a) a dependent of a public or voluntary licensed child-placing agency, (b) legally free for adoption, and (c) in special circumstances either (1) because he or she has established significant emotional ties with prospective adoptive parents while in their care as a foster child, or (2) because he or she is not likely to be adopted by reason of one or more conditions, such as: 1. Physical or mental disability, 2. Emotional disturbance, 3. Recognized high risk of physical or mental disease, 4. Age, 5. Sibling relationship, 6. Racial or ethnic factors, or 7. Any combination of these conditions. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 25.

The Department of Human Services shall establish and administer an ongoing program of subsidized adoption. Subsidies and services for children under this program shall be provided out of funds appropriated to the Department of Human Services for the maintenance of children in foster care or made available to it from other sources. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 25.

Whenever significant emotional ties have been established between a child and his or her foster parents, and the foster parents seek to adopt the child, the child shall be certified as eligible for a subsidy conditioned upon his or her adoption under applicable Virgin Islands adoption procedures by the foster parents. In all other cases, after reasonable efforts have been made and no appropriate adoptive family without the use of subsidy has been found for a child, the Department of Human Services shall certify the child as eligible for a subsidy in the event of adoption. If the child is the dependent of a voluntary licensed child-placing agency, that agency shall present to the Department of Human Services (1) evidence of significant emotional ties between the child and his or her foster parents or (2) evidence or inability to place the child for adoption due to any of the conditions specified in section 352 of this chapter. In the latter case, the agency shall present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of potential parents, use of adoption resource exchanges, and referral to appropriate specialized adoption agencies. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 25.

When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. Adoption subsidies in individual cases may commence with the adoption placement or at the appropriate time after the adoption decree, and will vary with the needs of the child as well as the availability of other resources to meet the child's needs. The subsidy may be for special services only, or for money payment, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for such child under foster family care, or, in the case of a special service, the reasonable fee for the service rendered. When subsidies are for more than one year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition(s) that caused the child to be certified continue(s) to exist. The subsidy agreement shall be continued in accordance with its terms but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Virgin Islands regulations, it may be continued after the adopted child reaches majority. Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time. A child who is a resident of the Virgin Islands when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with applicable provisions of Virgin Islands law. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 26.

Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of the Virgin Islands administrative procedure. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 27.

The Department of Human Services shall promulgate regulations consistent with this chapter within 90 days of March 7, 1980. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 27.

This chapter should be known and may be cited as the Subsidized Adoption Act. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 27.

This chapter shall take effect on March 7, 1980. History: Added Mar. 7, 1980, No. 4414, § 2, Sess. L. 1980, p. 27.

It is the legislative intent to protect the health, safety and well-being of the children of the Territory who attend child day care facilities. Toward that end, it is the purpose of this chapter to establish Territory minimum standards for the safety and protection of children in child day care facilities, to insure maintenance of these standards, and to regulate such conditions in such facilities through a program of licensing. It shall be the policy of the Territory to insure protection of children under care in child day care facilities, and to encourage and assist in the improvement of child day care programs. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

As used in this chapter: (1) "Department" means the Department of Human Services. (2) "Child" means an individual under 18 years of age. (3) "Person" includes an individual, a public or private agency, an association, or a corporation. (4) "Child care operator" means any individual, ultimately responsible for the overall operation of a child day care center. (5) "Day care center" means a child day care facility which provides care for more than 12 children between 2 and 14 years of age for less than 24 hours a day, whether known under some other descriptive name such as "nursery", "preschool", "prekindergarten", "after-school center", "drop-in center", or "child development center", and whether or not the facility is operated for profit. (6) "Group day care home" means a child day care facility which provides care for 7 to 12 children under 14 years of age for less than 24 hours a day, and whether or not the facility is operated for profit. (7) "Family day care home" means a child day care facility which provides care for not less than 3 nor more than 6 children under 14 years of age for less than 24 hours a day, and whether or not the facility is operated for profit. (8) "Children's camp" means a recreational, educational or cultural program operating on a daily, and/or overnight basis, and providing care for three or more unrelated children between the ages of 3 and 14 years, and whether or not the facility is operated for profit. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) No person may operate a child day care facility for three or more unrelated children unless he holds a valid license issued by the Department of Human Services. (b) This section does not apply to: (1) state-operated facilities; (2) facilities operated in connection with a church, where children are cared for during short periods of time while parents or individuals in charge of the children are attending church services, which shall include but not be limited to Sunday school or other schools or classes for religious instruction; (3) hospitals; (4) an educational facility certified or accredited by the Department of Education that operates for educational purposes in grades kindergarten and above, and does not provide custodial care during the hours before or after the customary school day. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) The Department shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. (b) The Department shall promulgate minimum standards for child day care facilities covered by this chapter which will: (1) promote the health, safety and welfare of children attending any facility; (2) promote safe, comfortable, and healthy physical facilities for children; (3) insure adequate supervision of the children by capable, qualified, and healthy personnel of sufficient number; (4) insure adequate and healthy food service; (5) insure an adequate program of activities and services to enhance the development of each child; (6) prohibit racial discrimination by child care facilities; and (7) include procedures by which parents and guardians are given opportunity for consultation in formulation of the children's educational and therapeutic programs. (c) The Department shall promulgate standard forms for applications and inspection reports. (d) The Department shall promulgate a standard procedure for receiving and recording complaints and a standard form for complaints. (e) The Department shall require as a provision for licensing any child day care facility that at least one (1) individual on staff must be certified to perform standard first aid and cardiopulmonary resuscitation (CPR) for infants and children. Facilities already licensed shall have not more than 240 days in which to meet this requirement. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30; amended Oct. 13, 1994, No. 6025, § 1, Sess. L. 1994, p. 217.

(a) An authorized representative of the Department may visit a child day care facility during the hours of operation for purpose of investigation, inspection, and evaluation. (b) The Department shall inspect all facilities licensed or certified by the Department at least twice a year and may inspect other facilities as necessary. At least one of the yearly visits must be unannounced, and all may be unannounced. (c) An investigation visit must be made if a complaint is received by the Department. The Department representative must notify the director or authorized representative of the facility being investigated that a complaint is being investigated. The result of the investigation must be reported in writing to the director. (d) The Department may call on governmental agencies for appropriate assistance within their authorized fields. (e) No employee shall be employed by an operator of a child day care facility unless the employee has been approved by the Department. Before granting approval, the Department must have received from the prospective employee: (1) a copy of his criminal record as certified by the Police Department; and (2) a copy of his employment record. The Police Department's criminal record investigation shall include a search of nationwide criminal recordkeeping systems in the United States. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30; amended Oct. 10, 1985, No. 5099, § 1(c), Sess. L. 1985, p. 140.

(a) The Department shall offer technical assistance to potential applicants, applicants, licensees, and holders of certification in meeting and maintaining standards for licensing and certification and achieving programs of excellence related to the care of children served. (b) The Department shall offer consultation to prospective and actual users of the facilities to assist in improving quality of service. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

All persons operating a licensed or certified child day care facility shall maintain individual child development records, individual health records, statistical records, and complete financial records. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) A person desiring to operate a child day care facility shall apply in writing to the Department for a license. (b) The Department shall supply the applicant with the appropriate application forms and a copy of the appropriate minimum standards. (c) On receipt of the application, the Department shall conduct an investigation of the applicant and the plan of care for children. The investigation shall include the applicant's employment history and a check of the nationwide criminal recordkeeping systems in the United States. (d) The Department shall complete its investigation and render a decision on the application within ninety days after receipt of the application. (e) If the Department determines that the facility has reasonably satisfied all requirements, it shall issue a license. (f) In issuing a license, the Department may impose restrictions on the facility, including, but not limited to, the number of children to be served and the ages of children to be served. (g) A variance of an individual standard set forth in the standards may be granted for good and just cause by the Department. (h) A license applies only to the location stated on the application and license issued and is not transferable from one person to another or from one place to another. If the location of the facility is changed or the owner of the facility is changed, the license shall be automatically revoked. (i) The licensee must display the license in a prominent place at the facility. (j) Not later than thirty days prior to expiration of its license, a facility may apply for a renewal of its license in accordance with the provisions of this chapter and the rules and regulations promulgated by the Department. The application must be completed and acted on prior to the expiration of a license. Evaluation to determine if the applying facility meets all requirements must include a specified number of visits to the facility and review of all required forms and records. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30; amended Oct. 10, 1985, No. 5099, § 1(a), Sess. L. 1985, p. 140.

(a) The Department may issue a provisional license to a facility whose plans meet the Department requirements but which is (1) not currently operating, or (2) changing ownership. (b) A provisional license is valid for six months from the date of issuance and is non-renewable. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) An annual license will be issued if the Department determines that the facility meets all requirements on a continuing basis. The evaluation shall be based on a specified number of visits to the facility and a review of all required forms and records. (b) An annual license shall be valid for one year. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) Child care facilities operated by the Territory are exempt from the licensing requirements of this chapter, but Territory-operated facilities must receive certification of approval from the Department. (b) To be certified, the facilities must meet all Department standards, rules and regulations, and provisions of this chapter that apply to licensed facilities of the same category. The operator of a certified facility must display the certification in a prominent place at the facility. Certification of application must be renewed every two years. (c) Before issuing a certification of approval, the Department shall conduct an investigation of the operator of a certified facility to include the operator's employment history and a check of the nationwide criminal recordkeeping systems in the United States. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30; amended Oct. 10, 1985, No. 5099, § 1(b), Sess. L. 1985, p. 140.

(a) If a facility has temporarily suspended operations but has definite plans for renewing operations within the time limits of the issued license, the Department may suspend the license. (b) If the Department finds repeated non-compliance with standards that do not endanger the health or safety of the children the Department has the option of suspending the license for a definite period of time instead of denying or revoking the license. In order to qualify for suspension under this subsection, the facility must: (1) show it can meet the standards within the suspension period, and (2) suspend its operations. (c) If a facility does not comply with standards after the suspension, the Department must deny or revoke its license. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) If the Department finds that a facility does not comply with the provisions of this chapter, the Department standards, Department rules and regulations, or the specific terms of a license or certification, it must deny or revoke the license or certification of approval. (b) The Department must notify the person operating or proposing to operate the facility of the reasons for the denial or revocation and the person's right of appeal within 20 days of receipt of the Department's notification. (c) If the person wishes to appeal, he must notify the Department by certified mail within 20 days and must state in the notification the reasons against denial or revocation. (d) The Board of Social Welfare shall hear the appeal within four weeks, shall render its decision within one week after the hearing, and shall notify by certified mail the person of its decision. (e) Within 20 days after receipt of the Board of Social Welfare's decision, the person whose license has been denied or revoked may challenge the decision in a suit filed in the Superior Court of the Virgin Islands. The trial shall be de novo. (f) On request by a person challenging a Department decision in a court suit, the Department shall supply him with a copy of the verbatim transcript of his Board of Social Welfare hearing, at his expense. Records of the hearing shall be kept for one year after a final decision is rendered. (g) Unless the Department uses the procedures set forth in section 384 of this chapter, a person may continue to operate a facility during an appeal of the denial or revocation of its license. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) If the Department finds any violation of this chapter or the Department's minimum standards or rules and regulations by a facility other than a Territory-operated facility that places the children in the facility in immediate peril, it may close the facility and place the children attending the facility in another facility. (b) A Department representative finding conditions that place children in a facility in peril shall immediately request the Commissioner of Human Services to immediately inspect the facility for verification of the conditions. (c) If the Department finds any violation of this chapter or the Department's minimum standards or rules and regulations by a Territory-operated facility that threatens serious harm to the children in the facility, the Department shall immediately report the finding to the Governor. (d) Closure under this section is an emergency measure. After closing a facility, the Department must seek an injunction against continued operation of the facility as prescribed in section 395 of this chapter. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

(a) Whenever it appears that a person has violated or is violating or threatening to violate any provision of this chapter or of any rule, regulation, or standard of the Department, the Department may cause a civil suit to be instituted in the Superior Court of the Virgin Islands for injunctive relief, including temporary restraining orders, to restrain the person from continuing the violation or threat of violation, or for the assessment and recovery of a civil penalty of not more than $1,000 for each day of violation and for each act of violation, as the court may deem proper, or for both injunctive relief and civil penalties. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter or of any rule, regulation, standard, or order of the Board of Social Welfare, the Superior Court shall grant the injunctive relief the facts may warrant. (b) At the request of the Department, the Attorney General shall institute and conduct a suit in the name of the Territory of the Virgin Islands for injunctive relief or to recover the civil penalty, or for both injunctive relief and penalty, as authorized in subsection (a) of this section. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

Any person who violates any provision of this chapter or rule, regulation, or standard of the Department which threatens serious harm to the children in the facility, or who violates any provision of this chapter or rule, regulation, or standard of the Department three or more times within a period of a year, or who operates a facility without a license or certification as required under this chapter, or who places a public advertisement for an unlicensed facility, is subject to a civil penalty of not more than $1,000 for each day of violation and for each act of violation, as the court may deem proper. Civil penalties shall be cumulative and in addition to the remedies of injunction and criminal penalties provided in this chapter. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

A person operating a child day care facility without a license or placing a public advertisement for an unlicensed facility is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and imprisonment not to exceed three months, or both. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

Licenses issued before the effective date of this chapter remain valid for a period not to exceed one year from the effective date of this chapter. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

This chapter shall take effect thirty days after March 7, 1980. History: Added Mar. 7, 1980, No. 4418, Sess. L. 1980, p. 30.

This chapter may be cited as "The Alert Program Act of 2003". History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 127.

(a) The Legislature finds that: (1) Public alerts can be one of the most effective strategies in combating child abductions; (2) Professionals in the field of child abduction and missing children agree that in the case of an abducted child, the first few hours following the abduction are critical in finding the child, and that if a child is not found within two to four hours, it is unlikely that the child will be found alive; (3) The rapid dissemination of information, including a description of the abducted child, details of the abduction and details of the abductor to citizens of the community and region is, indeed, critical; (4) When alerted to an abduction, the citizens become an extensive network of eyes and ears serving to assist law enforcement in expeditiously locating and safely recovering the child; and (5) The most effective method of immediate, public notification of the abduction of a child is through the broadcast media. (b) The Legislature declares that given the successes other jurisdictions have experienced in using broadcast media alerts to locate and safely recover abducted children quickly, it is altogether proper and within the public interest of the people of the Virgin Islands that the Government establish the Amber Alert Program in the Virgin Islands. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 127.

As used in this chapter (a) "Abducted child" means a child: (1) whose whereabouts are unknown; (2) (A) whose domicile at the time he was reported missing was the Virgin Islands; or (B) about whom credible information is received from a law enforcement agency located in another jurisdiction that the abducted child is traveling to or in the Virgin Islands; (C) whose age at the time he was first reported missing was seventeen years of age or younger; and (D) whose disappearance poses a credible threat, as determined by law enforcement or child welfare officials, to the safety and health of the child. (3) "Amber Alert" means a declaration by an official authorized by the Police Department that an abduction has occurred and that notifications and broadcasts should be made pursuant to the Amber Alert notification plan. (4) "Amber Alert Program" means a program under which the Virgin Islands Police Department transmits information about a recently abducted child to broadcasters that have agreed to participate in the Program and immediately and repeatedly broadcast the information to the general public. (5) "Broadcaster" includes radio and television broadcasters. (6) "Commissioner" means the Commissioner of the Virgin Islands Police Department. (7) "Department" means the Virgin Islands Police Department. (8) "Program" or "Amber Alert Program" means the Virgin Islands Amber Alert Emergency Response Program established under this chapter. (9) "V.I.T.E.M.A." means the Virgin Islands Emergency Management Agency. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 128.

(a) To assist with the safe recovery of abducted children, there is established in the Virgin Islands Police Department the Virgin Islands Amber Alert Emergency Response Program. The Program shall be implemented and administered by the Virgin Islands Police Department and shall be a coordinated effort among the Police Department, other law enforcement agencies, the Attorney General, the V.I.T.E.M.A., child welfare agencies and the territory's public and commercial television and radio broadcasters. (b) The Commissioner, with the assistance of the Attorney General, shall develop and implement an Amber Alert notification plan for the purpose of disseminating, as rapidly as possible, information about a child abduction so that the Department, other law enforcement agencies and the citizens throughout the Virgin Islands may be aware and may assist law enforcement with safe recovery of abducted children. The notification plan must provide a procedure for notifying all law enforcement officers, appropriate agencies and the media that an Amber Alert has been declared. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 129.

The Commissioner and the Attorney General shall designate staff responsible for the operation of the Amber Alert Program. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 130.

(a) The Commissioner shall develop a procedure established by regulation which the Department may follow to verify a child has been abducted. (b) The Commissioner shall notify all government departments and agencies, all broadcasters in the territory and the public of the Program. (c) Upon receipt of a notice of a child abduction, the Department shall confirm the accuracy of the information and then transmit it to the participating radio and television stations who shall issue the alert at designated intervals as specified in regulations. (d) The alert shall include all appropriate information the Department has which may assist in the safe recovery of the abducted child and a statement instructing anyone with information related to the abduction or to contact the Department. (e) The alert shall be cancelled upon the Department's notification to the participating broadcasters that the child has been found or at the end of the notification period, whichever occurs first. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 130.

A broadcaster participating in the Amber Alert program shall immediately broadcast (1) the description of the abducted child; and (2) other information that will assist in locating the abducted child to general public pursuant to the Amber Alert plan agreement between the Police Department and the Government. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 130.

(a) A broadcaster that has agreed to participate in the Amber Alert Program and that (1) receives an Amber Alert notification from the Department; and (2) broadcasts a description of the abducted child contained in the notification and other information contained in the notification which will assist in locating the child, is immune from civil liability based on the broadcast of the information received from the Department. (b) If a person enters into an agreement with the Department to establish or maintain an Amber Alert web site and the agreement provides that only the Department has the ability to place information on the web site, the person is immune from liability from civil liability for the information placed on the web site. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 130.

(a) The Commissioner of Police shall promulgate rules in accordance with Title 3, chapter 35 of the Virgin Islands Code for the implementation of the Program. The rules must include, but need not be limited to: (1) Procedures for verifying whether child abduction has occurred and the circumstances thereunder; (2) The process for reporting the information to the participating broadcasters; (3) Procedures providing instruction specifying how law enforcement agencies, broadcaster and any other intermediate emergency agencies that may institute activation of the Amber Alert shall proceed after an abduction has been reported to a law enforcement agency; (4) Specification of the event code or codes that should be used if the Alert is activated to report a child abduction; (5) Recommended language for an abduction alert; and (6) Recommendations on the extent of the geographical area to which a child abduction emergency alert should be broadcast. (b) The Commissioner of the V.I.P.D. shall see that the policies and procedures to be implemented under subsection (b) of section 424 are implemented immediately and distributed to law enforcement agencies, broadcasters and intermediate agencies. (c) All governmental agencies and entities shall cooperate fully with the Commissioner of Police and provide assistance as needed to implement this chapter. History: Added Dec. 23, 2003, No. 6634, § 27, Sess. L. 2003, p. 131.

This chapter may be cited as The Missing Minors and Dependant Adult Act. History: Added Dec. 31, 2014, No. 7707, § 1, Sess. L. 2014, p. 385.

As used in this chapter: (1) "Custodian" means the Territorial Registrar of Vital Records, local registrars of vital records appointed by the Territorial Registrar and District clerks. (2) "Department" means the Virgin Islands Police Department. (3) "Registrar" means the Registrar of Vital Records. (4) "Missing Minor" means a person 17 years old or younger reported to any law enforcement authority as lost, runaway and whose whereabouts are unknown. The term includes any child who is missing whether voluntarily or involuntarily or under circumstances not conforming to the child's is ordinary habits or behavior and who may be in need of assistance. (5) "Dependant Adult" means a person 18 years of age or older with a developmental disability, including but not limited to autism, dementia and Alzheimer's, whether caused by illness, brain injury or defect or age. History: Added Dec. 31, 2014, No. 7707, § 1, Sess. L. 2014, p. 385, 386.

(a) The Department, upon receiving a report of a missing child or a dependent adult shall: (1) immediately start an investigation with due diligence to determine the present location of a missing child or dependant adult; (2) after a 24-hour period, if the child or dependant adult has not been located, enter the respective name into the National Crime Information Center missing person file, if the child or adult meets the center's criteria and, if applicable, also enter the respective name into the Alzheimer's Association Safe Return crisis number, with all the available identifying information, including but not limited to fingerprints, physical characteristics, dental records, as well as a description of the clothing the missing person was wearing when last seen. A description of any person or persons last seen with the missing person must also be included; and (3) inform the person making the missing person report that the information listed in paragraph (2) will be entered into the applicable data bases. (b) Information not readily available must be obtained and entered into the applicable clearing houses as a supplement as soon as obtained. (c) If the Department when investigating a report of a missing minor or dependant adult obtains a warrant for the arrest of a person for taking or retaining the missing minor or dependant adult, the Department or other law enforcement agency shall immediately enter the arrestee's name and other descriptive information into the National Crime Information Center wanted person file. All other available information pertaining to the missing minor or dependant adult, as mandated by subsection (a)(2), must also be entered and cross-referenced with the information in the national crime information center missing person file. (d) Immediately after the return of a missing minor or dependant adult or the identification of an unidentified body, the Department shall cancel the entry in the National Crime Information Center database. (e) On determining the location of a or dependant adult a police officer shall deliver or arrange for the delivery of the minor or dependant adult to the person legally responsible for the person. If the minor or dependant adult's legal guardian is unavailable, the law enforcement officer shall deliver the minor or dependant adult to the Department of Human Services Division of Intake and Emergency Services. History: Added Dec. 31, 2014, No. 7707, § 1, Sess. L. 2014, p. 386, 387.

This chapter may be cited as "The Older and Dependent Adult Abuse Prevention Act." History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 90; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

The following terms have the meaning set forth in this chapter, unless the context requires otherwise- (a) "Abandonment" means the desertion or willful forsaking of an older or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. (b) "Abduction" means the removal from the dwelling or the territory or the restraint from returning to the dwelling or the territory, of any older or dependent adult who does not have the capacity to consent to such removal or restraint, by any conservatee without the consent of the conservator or the court. (c) "Abuse of an older or dependent adult" means any of the following: (1) Physical, emotional or financial abuse, neglect, abandonment, isolation, abduction, or other treatment resulting in physical or emotional injury, maltreatment, sexual conduct with an older or dependent adult, or financial exploitation of an older or dependent adult by any person; or (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical or emotional injury; or (3) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (A) For punishment; (B) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician or surgeon licensed in the Virgin Islands, who is providing medical care to the older or dependent adult at the time the instructions are given; or (C) For any purpose not authorized by a physician or surgeon. (d) "Adult protective services" means those preventive and remedial activities performed on behalf of older and dependent adults who are unable to protect their own interests. (e) "Care custodian" means an administrator or an employee of any of the following public or private facilities or agencies, not-for-profit agencies or persons providing care or services for older and dependent adults, including members of the support staff and maintenance staff: (1) Twenty-four-hour health facilities; (2) Clinics; (3) Home health agencies; (4) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services; (5) Adult day health care centers and adult day care; (6) Secondary schools that serve 18 to 22-year-olds and postsecondary educational institutions that serve older and dependent adults; (7) Independent living centers; (8) Camps, including but not limited to: (A) Alzheimer's Disease day care resource centers; (B) Community care facilities, as defined by the Department of Human Services, and residential care facilities for the older or dependent adults; (C) Respite care facilities; (D) Foster homes; (E) vocational rehabilitation facilities and work activity centers; (F) Designated area agencies on aging; (G) Regional centers for persons with developmental disabilities; (9) Territory Department of Human Services and Territory Department of Health Services licensing divisions; (A) District welfare departments; (B) Offices of patients' rights advocates and clients' rights advocates, including attorneys; and (C) Offices of public conservators, public guardians, and court investigators; or (10) Any protection or advocacy established to fulfill the mandates and assurances of the following; (A) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities; and (B) Any other protective, public, sectarian, behavioral health, or private assistance or advocacy agency or person providing health services or social services to older and dependent adults. (f) "Caretaker" means any person who has the care, custody, or control of or who stands in a position of trust with an older or dependent adult. (g) "Caregiver" means a person who provides direct care to an older or dependent adult. (h) "Clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. "Clergy member" does not include unpaid volunteers whose principal occupation or vocation does not involve active or ordained ministry in a church, synagogue, temple, mosque, or recognized religious denomination or organization, and who periodically visit older or dependent adults on behalf of that church, synagogue, temple, mosque, or recognized religious denomination or organization. (i) "Clients' rights advocate" means the individual or individuals assigned by a territorial center or hospital developmental center to be responsible for clients' rights assurance for persons with developmental disabilities. (j) "Dependent adult" means any person between the ages of 18 and 59 years who resides in the Virgin Islands and has physical, mental, or emotional developmental disabilities that substantially impair the person's ability to carry out normal activities and protect the person's own rights and interests. (k) "Older adult" means any person residing in this territory, 60 years of age or older. (l) "Financial abuse" has the meaning set forth in section 470. (m) "Financial exploitation" has the meaning set forth in section 470a. (n) "Health practitioner" means a physician, surgeon, medical examiner, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage, family, and child counselor, or any other person who is currently licensed under Virgin Islands law, any emergency medical technician I or II, paramedic, or person certified by the Virgin Islands Department of Health, a psychological assistant registered with the Virgin Islands Department of Human Services or the Department of Health, a marriage, family, territory or district public health or social service employee who treats an older or dependent adult for any condition. (o) "Investigation" means that activity undertaken to determine the validity of a report of older or dependent adult abuse. (p) "Isolation" means any of the following: (1) Acts intentionally committed for the purpose of preventing, and which serve to prevent, an older or dependent adult from receiving mail or telephone calls; or (2) Preventing the older or dependent adult from having contact with family, friends, or concerned persons contrary to the express wishes of the older or dependent adult. (q) "Long-term care facility" means any of the following: (1) Any long-term health care facility, as defined by the Department of Human Services; (2) Any community care facility, as defined by the Department of Human Services, whether licensed or unlicensed; (3) Any adult day health care facility, as defined by the Department of Health. (4) Any residential care facility for the older or dependent adult, as defined by the Department of Human Services. (r) "Mandated reporter" means any person who has assumed full or intermittent responsibility for care or custody of an older or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for older or dependent adults, or any older or dependent adult custodian, health practitioner, clergy member, all officers and employees of financial institutions who have direct contact with the older or dependent adult or who reviews or approves the older or dependent adult's financial documents, records, or transactions, in connection with providing financial services, or employee of the Department Human Services or a local law enforcement agency or other agencies and are required by law to report abuse or neglect of an older or dependent adult. (s) "Mental suffering" means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the older or dependent adult. (t) "Multidisciplinary personnel team" means any team of two or more persons who are trained in the prevention, identification, and treatment of abuse of the older or dependent adults and who are qualified to provide a broad range of services related to abuse of the older or dependent adults, including: (1) Psychiatrists, psychologists, or other trained counseling personnel; (2) Police officers or other law enforcement agents; (3) Medical personnel with sufficient training to provide health services; (4) Social workers with experience or training in prevention of abuse of older or dependent adults; (5) Public guardians; and (6) Ombudsmen. (u) "Neglect"/"Self-Neglect" means: (1) The negligence or failure of any person having the care or custody of an older or dependent adult or a duty to exercise that degree of care that a reasonable person in a like position would exercise; or (2) The negligence or failure of an older or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise, including: (A) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; (B) Failure to provide medical care for physical and behavioral health needs; (C) Failure to protect from health and safety hazards; (D) Failure to prevent malnutrition or dehydration, including prolonged or continual deprivation of food or water; (E) Failure of older or dependent adults to satisfy the needs specified in paragraphs (A) through (D), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health; and (v) "Ombudsman" means a representative of the Department of Human Services Division of Protective Services for Older Adults or a government official or patient advocate, appointed by the Commissioner of Human Services whose duties include: (1) receiving and investigating complaints made by individuals against abusive or capricious acts of care providers; (2) determining the validity of reports; (3) referring verified abuse cases to appropriate agencies for further action as necessary; and (4) following up to complete the required report information. (w) "Patient rights advocate" means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that the applicable laws, regulations, and policies as they pertain to the rights of the patient are observed. (x) "Person in a position of trust and confidence" means a person who: (1) is a parent, spouse, adult child or other relative by blood or marriage of the older or dependent adult; (2) is a joint tenant or tenant in common with the older or dependent adult; (3) has a legal or fiduciary relationship with the older or dependent adult; (4) is a financial planning or investment professional for the older or dependent adult; or (5) is a paid or unpaid caregiver or caretaker for the older or dependent adult. (y) "Representative" means an individual or entity that is: (1) A conservator, trustee, or other representative in the territory of an older or dependent adult; or (2) An attorney-in-fact of an older or dependent adult who acts within the authority of the power of attorney. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 90-97; amended Jan. 6, 2019, No. 8152, § 1(a)(9), Sess. L. 2018, p. 327; amended July 27, 2020, No. 8318, § 1(a)(1)-(6), Sess. L. 2020, p. 73, 74; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) Any mandated reporter who, in the mandated reporter's professional capacity, or within the scope of the mandated reporter's employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, financial exploitation, or neglect, or is told by an older or dependent adult that he has experienced behavior, including an act or omission, constituting abuse, abandonment, abduction, isolation, financial abuse, financial exploitation, or neglect, or reasonably suspects such conduct is taking place, shall report the known or suspected instance of abuse by telephone immediately or as soon as reasonable practicable, and by written report sent within two working days from the date of the reported incident to the Department of Human Services or the local law enforcement agency. (b) (1) Any mandated reporter who has knowledge, or reasonably suspects, that types of older or dependent adult abuse for which reports are not mandated have been inflicted upon an older or dependent adult, or that the older or dependent adult's emotional well-being is endangered in any other way, shall report the known or suspected instance of abuse to the Department of Human Services. (2) If the conduct involves criminal activity, the mandated reporter or any person shall report it immediately to the appropriate law enforcement agency. (c) When two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an older or dependent adult for which a report is or is not mandated have occurred, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement, and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (d) A telephone report of a known or suspected instance of older or dependent adult abuse must include, the name of the person making the report, and if known, the name and age of the older or dependent adult, the present location of the older or dependent adult, the names and addresses of family members or any other person responsible for the older or dependent adult's care, the nature and extent of the older or dependent adult's condition, the date of the incident, and any other information, including information that led that person to suspect older or dependent adult abuse, as requested by the agency receiving the report. (e) The reporting duties under this section are confidential and no supervisor or administrator may impede or inhibit the reporting duties, and no person making the report may be subject to any sanction for making the report. However, internal procedures to facilitate reporting, ensure confidentiality, and apprise supervisors and administrators of reports may be established, if they are not inconsistent with this chapter. (f) Any mandated reporter, administrator or supervisor who: (1) fails to report abuse or neglect of an older or dependent adult, in violation of this section, is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or not more than six months' imprisonment, or both such fine and imprisonment; or (2) fails to report abuse or neglect of an older or dependent adult, in violation of this section, when that abuse or neglect results in death or great bodily injury, is guilty of a misdemeanor, punishable by a fine of not more than $5,000 or not more than one year's imprisonment, or both such fine and imprisonment. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 97, 98; amended July 27, 2020, No. 8318, § 1(b), Sess. L. 2020, p. 74; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Any person who is not a mandated reporter under this chapter, who knows, or reasonably suspects, that an older or dependent adult has been the victim of abuse may report the abuse to a local law enforcement agency. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 98; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Nothing in this chapter may be construed as requiring an attorney to violate the attorney's oath and duties. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 98.

(a) The reports required by this chapter are confidential and may be disclosed only as provided in this section. Any violation of the confidentiality required by this chapter is a misdemeanor punishable by a fine of $500 or not less than six month's imprisonment, or both such fine and imprisonment. (b) Reports of suspected older or dependent adult abuse and information contained in the reports may be disclosed only to the following: (1) Persons or agencies to which disclosure of information or the identity of the reporting party is permitted; (2) (A) Multidisciplinary personnel may disclose to one another information and records that are relevant to the prevention, identification, or treatment of abuse of older or dependent adults. (B) Any personnel of the multidisciplinary team or agency who receives information under to this chapter, is under the same obligations and subject to the same confidentiality penalties as the person disclosing or providing that information. The information obtained must be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (c) (1) Whenever this chapter requires the Department Human Services to report to a law enforcement agency, the law enforcement agency shall, immediately upon request, provide a copy of its investigative report concerning the reported matter to that district of the Department Human Services. (2) Whenever this chapter requires a law enforcement agency to report to the Department Human Services, the Department Human Services shall, immediately upon request, provide to that law enforcement agency a copy of its investigative report concerning the reported matter. (d) This section may not be construed to allow disclosure of any investigative reports or records relevant to the reports if the disclosure would be prohibited by any other provision of territorial or federal law. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 99; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) The identity of any person who reports under this chapter is confidential and may be disclosed only among the following agencies or persons representing the agency: (1) The Department Human Services; (2) A licensing agency; (3) A local law enforcement agency; (4) The office of the Attorney General; (5) Department of Health; (6) The probate court; and (7) The Department of Licensing and Consumer Affairs, Division of Investigation. (b) The identity of a person who reports under this chapter may also be disclosed when a person reporting waives confidentiality. (c) Although the identity of the person who reports under this chapter is confidential, any person reporting pursuant to this chapter shall include his name in the report. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 100.

Attorney Costs (a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter. (b) Any other person reporting a known or suspected instance of older or dependent adult abuse does not incur civil or criminal liability as a result of any report authorized by this chapter, unless it can be proven that a false report was made and the person knew that the report was false. (c) A care custodian, clergy member, health practitioner, or an employee of the Department Human Services or a local law enforcement agency may present to the Department of Human Services a claim for reasonable attorney's fees incurred in any action against that person on the basis of making a report required or authorized by this chapter, if the court has dismissed the action to have the other party incur such costs when assessed. The Department of Human Services shall allow the claim if the requirements of this chapter are met, and the claim must be paid from an appropriation from the Public Assistance Fund, established in 34 V.I.C. § 14. Attorneys' fees awarded pursuant to this section may not exceed an hourly rate greater than allowed under 5 V.I.C., § 3503(b) at the time the award is made and may not exceed an aggregate amount of $10,000. This subsection does not apply if a public entity has provided for the defense of the action. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 100, 101; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of older or dependent adult abuse to the respective referring or reporting agencies in the following manner: (1) The Department of Human Services shall, within 24 hours after the reported incident or as soon as practicable, report by telephone to the law enforcement agency having jurisdiction over the case of any known or suspected instance of criminal activity, and to any public agency given responsibility for investigation in that jurisdiction of cases of elder or dependent adult abuse, every known or suspected instance of abuse of an older or dependent adult. The Department of Human Services shall also send a written report of the alleged incident within two working days from receiving the information concerning the incident to each agency to which it is required to make a telephone report under this subsection. (2) The Police Department or other law enforcement agency shall, within 8 hours or as soon as practicable, report by telephone to the Department of Human Services every known or suspected instance of abuse of an older or dependent adult. A local law enforcement agency shall also send a written report within two working days after receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subsection. (3) If the Department Human Services or local law enforcement agency or ombudsman receiving a report of known or suspected older or dependent abuse determines, pursuant to its investigation, that the abuse is being committed by a health practitioner licensed under Virgin Islands law, or by a person purporting to be a licensee, the Department Human Services, Police Department or other law enforcement agency or ombudsman, shall report this information to the appropriate licensing agency within 8 hours after receiving the report, or as soon as practicable. The licensing agency shall investigate the report in light of the potential for physical harm. The transmittal of information to the appropriate licensing agency does not relieve the Department of Human Services, Police Department or other law enforcement agency or the ombudsman of the responsibility to continue its own investigation as required under applicable provisions of law. The information reported under this paragraph must remain confidential and may not be disclosed. (b) Any person may report any instance of abuse, neglect or abandonment occurring in a health care facility which has seriously harmed any patient or reasonably appears to present a serious threat to the health or physical well-being of a patient in that facility. The report must contain information about the circumstances related to the reported neglect but must not identify the victim or potential victim and the Department of Human Services and the reporting agency shall maintain the confidentiality of the report until the report becomes a matter of public record. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 101, 102; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Agencies to Assist Victims (a) Investigations of reports of known or suspected instances of older or dependent adult abuse are the responsibility of the Department of Human Services when the following are alleged: (i) emotional abuse; (ii) neglect; (iii) abandonment; (iv) isolation; (v) maltreatment; (vi) financial exploitation; (vii) deprivation by a care custodian of goods or services necessary to avoid physical or emotional injury; (viii) the use of physical or chemical restraint or psychotropic medication: (A) for punishment; (B) for a period beyond that for which the medication was ordered; or (C) for any purpose not authorized by a physician or surgeon. (ix) physical abuse; (x) financial abuse; (xi) abduction; or (xii) sexual misconduct. (b) The investigative responsibilities set forth in this section are in addition to, and not in derogation of or substitution for, the investigative and regulatory responsibilities of licensing agencies and their authorized representatives. (c) In each district the Department Human Services shall maintain a directory of all public and private service agencies available to assist victims of abuse. This directory must be used to refer victims whenever the Department Human Services cannot resolve the immediate needs of the victim, and to serve the victim on a long-term, follow-up basis. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 102, 103; amended July 27, 2020, No. 8318, § 1(c), Sess. L. 2020, p. 74; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) The Department of Human Services shall maintain minimum guidelines for use in determining when an investigation of abuse is warranted. (b) The Virgin Islands Police Department shall develop uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to older and dependent adults. Once developed, the guidelines must remain in effect until modified. Consistent with these guidelines, adult protective services agencies may seek local law enforcement assistance with investigations of allegations of abuse to older or dependent adult. (c) An interagency task force must be formed to include the following agencies: Department of Human Services, Department of Health, Virgin Islands Police Department, Department of Justice and the Territories Hospitals in such district and other core agencies as deemed necessary. (d) After conducting a substantiated investigation indicating that an older or dependent adult is in imminent danger due to abuse, neglect, exploitation, or severe mental health concerns, the Department of Human Services shall immediately request assistance from the Department of Justice regarding potential legal matters. The Department of Human Services shall develop internal emergency response protocols that include: (1) Standardized risk assessment tools to identify imminent threats to health or safety; (2) Procedures for prioritizing and documenting cases requiring urgent legal intervention; (3) Coordination mechanisms with local law enforcement and medical providers for emergency support; (4) Defined timelines for protective order filings following confirmation of imminent danger. The Department of Human Services may request the assistance of any law enforcement officer to enforce or carry out any such court order. (e) The Department of Human Services shall establish an Older Adult Anti Abuse Multi-Disciplinary Team (MDT) to strengthen interagency coordination and improve prevention and response strategies related to older and dependent adult abuse. The MDT must: (1) Be composed of representatives from the Department of Human Services, the Department of Justice, law enforcement agencies, certified medical professionals, older advocacy organizations; and Disability Rights Advocacy Organizations; (2) Meet at least quarterly, or more frequently as determined necessary by the Department of Human Services, to review trends, evaluate high-risk cases, develop protocols, and improve service coordination; (3) Designate a chairperson from within its membership and adopt internal procedures for convening, decision-making, and recordkeeping; (4) Submit an annual public report to the Legislature no later than January 31 of each year, summarizing team activities, data on abuse reports, system gaps, and policy recommendations; (5) Maintain confidentiality of sensitive case information and comply with all applicable federal and territorial privacy laws. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 103, 104; amended Nov. 10, 2025, No. 9051, § 1, Sess. L. 2025, p. -.

(a) The Department of Human Services shall offer training programs to local law enforcement and prosecutorial personnel in investigating crimes against older and dependent adults. (b) The Department of Human Services shall offer training programs in evaluating and documenting instances of criminal abuse against older and dependent adults to: (1) the Department of Health; (2) district adult protective services agencies; (3) the ombudsmen; and (4) the staff of long-term care facilities, including nursing homes and out-of-home care facilities. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 104; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Dependent Adult Abuse and Neglect The Police Department and the Department of Human Services in conjunction with the Department of Health shall provide organizations with instructional materials regarding older and dependent adult abuse and neglect and their obligation to report under this chapter. At a minimum, the instructional materials must include the following: (a) An explanation of older or dependent adult abuse and neglect, as defined in this chapter; (b) Information on how to recognize potential older or dependent adult abuse and neglect; (c) Information on how reports of known or suspected abuse and neglect are investigated; and (d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and the types of information that would assist with the investigation of the report. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 104, 105; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, must be submitted on forms adopted by the Department of Human Services after consultation with representatives of the various law enforcement agencies, the Department of Health, professional medical and nursing agencies, hospital associations and district welfare agencies. The Department of Human Services and the ombudsman programs shall distribute these reporting forms. The reporting form may also be used for documenting the telephone report of a known or suspected instances of abuse of an older or dependent adult by the Department of Human Services, ombudsman program, and local law enforcement agencies. (2) The forms required by this section must contain all of the following items: (A) The name, address, telephone number, and occupation of the person reporting; (B) The name and address of the victim; (C) The date, time, and place of the incident; (D) Other details, including the reporter's observations and beliefs concerning the incident; (E) Any document relating to the incident made by the victim; (F) The name of any individuals believed to have knowledge of the incident; and (G) The name of the individuals believed to be responsible for the incident and their connection to the victim. (b) (1) Each district of the Department Human Services shall report to the Commissioner of the Department of Human Services monthly on the reports received under to this chapter. The reports must be made on forms adopted by the Department. The information reported must include, but must not be limited to, the number of incidents of abuse, the number of persons abused, the type of abuse sustained, and the actions taken on the reports. For purposes of these reports, sexual abuse must be reported separately from physical abuse. (2) The department shall refer to the Department of Health monthly data summaries of the reports of older or dependent adult abuse, neglect, abandonment, isolation, financial exploitation, and financial abuse, and other abuse it receives from district adult protective services agencies. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 105, 106; amended July 27, 2020, No. 8318, § 1(d), Sess. L. 2020, p. 74; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Certified Home Health Aide Applicants (a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of renewal of their certificates, undergo a criminal background check. Commencing January 1, 2009, nurse assistant and home health aide applicants whose applications were submitted on or after January 1, 2009, shall undergo a criminal background check. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 106.

(a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) The Virgin Islands Police Department and the Department of Health may negotiate and enter into a contract that specifies the method and terms upon which the costs associated with accessing the databases are allocated between the respective departments. The contract may not contain provisions inconsistent with any law that prescribes the extent to which an applicant for licensure, a permit, or certification, or employees, or volunteers shall or shall not pay for a criminal record background check. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 106.

Requirements (a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall sign a statement on a form provided by the prospective employer, to the effect that the person has knowledge of this chapter and will comply with its provisions. Employers shall provide a copy of this chapter to their employees. The statement must inform the employee that the employee is a mandated reporter and inform the employee of their reporting obligations under this chapter. The employer shall retain the signed statement. (b) Agencies or facilities that employ persons who were employed prior to January 1, 2009, and who are required to make reports pursuant to this chapter, shall inform those employees of their responsibility to make reports by delivering to them a copy of the statement specified in subsection (a). (c) On and after January 1, 2009, when a person is issued a license or certificate to engage in a profession or occupation the members of which are required to make a report pursuant to this chapter, the Department issuing the license or certificate shall- (1) send to the person a statement substantially similar to the one contained in subsection (a) at the same time that it transmits to the person the document indicating licensure or certification; or (2) cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 2009. (d) The cost of printing, distribution and filing of these statements must be borne by the employer. (e) The retention of statements required by subsection (a), and the delivery of statements required by subsections (b) and (c), are the full extent of the employer's duty under this section. The failure of any employee or other person associated with the employer to report abuse of older and dependent adults or otherwise meet the requirements of this chapter is the sole responsibility of that person. The employer or facility incurs no civil or other liability for the failure of these persons to comply with the requirements of this chapter. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 107; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) Pursuant to its responsibilities with respect to investigations of reports of suspected or known abuse and neglect of older and dependent adults, the Department of Human Services may seek and receive local law enforcement assistance with investigations of financial exploitation to older or dependent adults. (b) The Department of Human Services during its investigation of suspected or known financial exploitation may: (1) visit the residence of the older or dependent adult who is the subject of the report to conduct interviews and collect information relevant to the investigation; (2) conduct interviews and consultations with banks, other financial institutions, other governmental agencies that provide financial or medical assistance, other private and non-profit service agencies, and individuals who have knowledge of the older or dependent adult; and (3) obtain financial records and other information from the entities and individuals listed in paragraph (2). (c) If any person denies or obstructs access to the residence, banks, or other financial institutions to the Department of Human Services worker who is conducting the investigation or obstructs the provision of adult protective services, the Department may petition the Superior Court requesting an order that enjoins the person from so obstructing the investigation or the provision of adult protective services. (d) The Department of Human Services may provide or arrange for adult protective services that may be necessary to assist and protect elders and dependent adults during an investigation of suspected or known financial exploitation in accordance with the established service plan. Adult protective services may include but is not limited to homemaker service, home-health aide, transportation, referrals to legal assistance, counseling, and nutrition services. (e) The Department of Justice shall establish, oversee, and manage an Older Adult Abuse Registry listing individuals convicted under section 469, 470 and 470a of this chapter. The registry must be maintained with appropriate safeguards to ensure secure access to sensitive information and shall be used exclusively for employment screening, law enforcement investigations, and public safety matters involving older adults. The Department shall establish rules for registry access, appeals, and updates. (f) The Department of Human Services shall provide interagency support to the Department of Justice in maintaining the Older Adult Abuse Registry. This support may include: (1) Sharing case referrals or substantiated findings involving older or dependent adult abuse; (2) Providing non-confidential data for verification of convictions listed in the registry; (3) Assisting with outreach and education to long-term care providers, employers, and advocacy organizations regarding the purpose and proper use of the registry. The Department of Human Services shall have no authority over the management, access protocols, or legal determinations associated with the Registry, except as otherwise provided by law. History: Added July 27, 2020, No. 8318, § 1(e), Sess. L. 2020, p. 74, 75; amended Nov. 10, 2025, No. 9051, § 1, Sess. L. 2025, p. -.

(a) It is unlawful for any person to abuse an older or dependent adult. A person is guilty of criminal abuse or neglect of an older or dependent adult when that person knowingly (1) performs an acts that causes an older or dependent adults' life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate; or (2) fails to perform an act that the person knows or reasonably should know is necessary to maintain or preserve the life or health of the older or dependent adult, and such failure causes the older or dependent adults' life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate; or (3) Abandons the older or dependent adult; or (4) physically abuses, harasses, intimidates, or interferes with the personal liberty of the older or dependent adult or exposes the older or dependent adult to willful deprivation. (b) (1) Any person who abuses an older or dependent adult as set forth in subsection (a) is guilty of criminal abuse of an older or dependent adult and is guilty of a felony punishable by a term of imprisonment of not less than one year and not more than three years. (2) A person in a position of trust and confidence who commits the offense of criminal abuse or neglect of an older or dependent adult as outlined in subsection (a) and it results in serious bodily injury or death of the person abused or neglected is guilty of aggravated criminal abuse or neglect of an older or dependent adult punishable by a term of imprisonment not less than 3 years nor more than 14 years. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 108; amended July 27, 2020, No. 8318, § 1(f) (1)(A)-(D), (f)(2)(A)-(B), Sess. L. 2020, p. 75, 76; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) A person commits financial abuse of an older or dependent adult when all of the following are present: (1) a person or entity; (2) takes, secretes, appropriates or retains property of an older or dependent adult, or assists with the taking, secreting, appropriating or retention of property of an older or dependent adult; (3) for a wrongful use or with intent to defraud. (b) Wrongful use. A person or entity is deemed to have taken, secreted, appropriated, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates or retains possession of property in bad faith. (c) Bad faith. A person or entity has acted in bad faith if the person or entity knew or should have known that the older or dependent adult had the right to have the property transferred or made readily available to the older or dependent adult or to the older or dependent adult's representative. (d) Reasonable person standard. For purposes of this section, a person or entity should have known of a right specified in subsection (c) if, on the basis of the information received by the person or entity or the person or entity's authorized third party, it is obvious to a reasonable person that the older or dependent adult has a right specified in subsection (c). History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 108, 109; amended July 27, 2020, No. 8318, § 1(f), Sess. L. 2020, p. 76; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) A person commits the offense of financial exploitation of an older or a dependent adult when the person knowingly and by deception or intimidation obtains control over the property of an older or a dependent adult or illegally uses the assets or resources of an older or a dependent adult. (b) The illegal use of the assets or resources of an older or a dependent adult includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. (c) Definitions. For purposes of this section: (1) "Intimidation" means the communication to an older or dependent adult that he will be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct that causes fear of such loss. (2) "Deception" means a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the older or dependent adult or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the older or dependent adult to enter into a contract or agreement. History: Added July 27, 2020, No. 8318, § 1(h), Sess. L. 2020, p. 76; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) It is unlawful for any person to financially exploit an older or a dependent adult. (b) Any person who financially exploits an older or a dependent adult is guilty of: (1) a misdemeanor if the value of the property is less than $500 punishable by imprisonment for not more than one year or by payment of a fine of not more than $1,000, or both; (2) a felony if the value of the property is $500 or more punishable by imprisonment for not more than ten years or by payment of a fine of not more than $10,000, or both; (c) If a person who stands in a position of trust and confidence with the older or dependent adult commits the crime of financial exploitation, that person is guilty of: (1) a misdemeanor, if the value of the property is less than $100, punishable by imprisonment for not more than one year or by payment of a fine of not more than $1,000, or both; or (2) a felony if the value of the property is $100 or more, punishable by imprisonment for not more than 15 years or by payment of a fine of not more than $15,000, or both. (d) Any person convicted of the financial exploitation of an older or a dependent adult shall pay restitution. History: Added July 27, 2020, No. 8318, § 1(h), Sess. L. 2020, p. 77; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) A civil cause of action exists for financial exploitation of an older or a dependent adult. A person against whom a civil judgment has been entered for financial exploitation of an older or dependent adult is liable for treble damages to the victim or to the estate of the victim, plus reasonable attorney fees and court costs. (b) This section is operative regardless of whether or the defendant has been charged or convicted of the criminal offense as described in section 470b. This section does not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an older or a dependent adult. (c) If a person who stands in a position of trust and confidence is charged with financial exploitation of an older or a dependent adult that involves the taking or loss of property valued at more than $5,000, the Attorney General may file a petition with the Superior Court, when the defendant has been charged, to freeze the assets of the defendant in an amount equal to, but not greater than, the alleged value of lost or stolen property in the defendant's pending criminal proceeding, for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets is a preponderance of the evidence. History: Added July 27, 2020, No. 8318, § 1(h), Sess. L. 2020, p. 77, 78; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

The act of isolation as set forth in section 452(p) of this chapter is subject to a rebuttable presumption that the act does not constitute isolation if: (a) The act is performed pursuant to the instructions of a physician or surgeon licensed to practice medicine in the territory, who is caring for the older or dependent adult at the time the instructions are given, and who gives the instructions as part of his medical care. (b) The act is performed in response to a reasonably perceived threat of danger to property or physical safety. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 109; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by a preponderance of the evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligent, oppressive, fraudulent, or malicious in the commission of the abuse or neglect, in addition to all other remedies otherwise provided by law- (1) The court shall award reasonable attorney's fees and costs to the prevailing party, including reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this chapter. (b) Abduction. In any civil action brought under this chapter, when it is proven by a preponderance of the evidence that an individual is liable for abduction, as defined in this chapter, in addition to all other remedies otherwise provided by law: (1) The court shall award to the plaintiff reasonable attorney's fees and costs. The term "costs" includes, costs of representing the abductee and the abductee's family in this territory and any other jurisdiction in any action related to the abduction and returning of the abductee to this territory, as well as travel expenses for returning the abductee to this territory and reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. The award of attorney's fees is governed by the principles set forth in this chapter. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 109, 110; amended July 27, 2020, No. 8318, § 1(i), Sess. L. 2020, p. 78.

(a) Nothing in this chapter may be construed to impose criminal liability on a person who has made a good faith effort to assist the older or dependent adult in the management of older or depend adult's property but, through no fault of the assisting person, the assisting person has been unable to provide such assistance. Proof of stated good faith efforts must be properly documented. (b) For purposes of this section, good faith effort means the honest intent to act without taking an unfair advantage over an older or dependent adult, or to fulfill a promise to act, even when some legal technicality is not fulfilled. History: Added July 27, 2020, No. 8318, § 1(j), Sess. L. 2020, p. 78; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) The death of the older or dependent adult does not cause the court to lose jurisdiction in any claim for relief for abuse of an older or dependent adult. (b) Upon petition, after the death of the older or dependent adult, the right to maintain an action shall be transferred to the personal representative of the decedent, or if none, to the person or persons entitled to succeed to the decedent's estate. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 110; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Suffered Abuse; Prohibition Against Possession of Firearm (a) An older or dependent adult who has suffered abuse as defined in this subchapter may seek protective orders as provided in this section. (b) For the purposes of this section, "protective order" means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (1) An order enjoining a party from abusing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of the petitioner; (2) An order excluding a party from the petitioner's residence or dwelling, except that this order may not be issued, if legal or equitable title to, or lease of, the residence or dwelling is in the sole name of the party to be excluded, or is in the name of the party to be excluded and any other party besides the petitioner; and (3) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in paragraph (1) or (2). (c) An order may be issued under this section, with or without notice, to restrain any person for the purpose of preventing a recurrence of abuse, if an affidavit shows, to the satisfaction of the court, reasonable proof of a past act of abuse of the petitioning older or dependent adult. (d) (1) Upon filing a petition for a protective order under this section, the petitioner may obtain a temporary restraining order in accordance with this chapter. The temporary restraining order may include any of the protective orders described in subsection (b). However, the court may issue an ex parte order excluding a party from the petitioner's residence or dwelling only on a showing of all of the following: (A) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises; (B) That the party to be excluded has assaulted or threatens to assault the petitioner; and (C) That physical or emotional harm would otherwise result to the petitioner. (2) In the case in which a temporary restraining order is granted without notice, the matter must be made returnable on an order requiring cause to be shown why a permanent order should not be granted, on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date the temporary restraining order is granted, unless the order is otherwise modified or terminated by the court. (e) In the discretion of the court, an order issued after notice and a hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed upon the request of a party, either for three years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The failure to state the expiration date on the face of the form creates an order with duration of three years from the date of issuance. (f) Upon the filing of a petition for protective orders under this section, the respondent must be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any affidavits in support of the petition. Service must be made at least two days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (g) The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order previously issued and dissolved by the court for failure to serve the respondent. The reissued order must be made returnable on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date of reissuance. The reissued order must state on its face the date of expiration of the order. (h) (1) If the person named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order, but the person does not appear at the hearing, either personally or by counsel, and the terms and conditions of the restraining order or protective order, are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order may be served on the person by first-class mail sent to that person at the most current address for the person available to the court. (2) The order must include the following language: NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE HEARING WHERE THE ORDER WAS ISSUED. IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING ADDRESS --------. IF THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE COURT AT --------. (i) (1) The court shall order the petitioner or the attorney for the petitioner to deliver, or the clerk of the court to mail, a copy of an order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each local law enforcement agency designated by the petitioner or the attorney for the petitioner having jurisdiction over the residence of the petitioner, and to any additional law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and status of these orders to law enforcement officers responding to the scene of reported abuse. (2) An order issued under this section must, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported abuse involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service, which the officer shall complete and send to the issuing court. (3) Upon receiving information at the scene of an incident of abuse that a protective order has been issued under this section, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (4) If the law enforcement officer determines that a protective order has been issued, but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order constitutes service of the order and is sufficient notice for the purposes of this section. (j) Nothing in this section precludes either party from representation by private counsel or from appearing on the party's own behalf. (k) There is no filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order filed in a proceeding brought pursuant to this section. (l) (1) Fees otherwise payable by a petitioner to a law enforcement agency for serving an order issued under this section may be waived in any case in which the petitioner has requested a fee waiver on the initiating petition and has filed a declaration that demonstrates, to the satisfaction of the court, the financial need of the petitioner for the fee waiver. The declaration required by this subsection must be on one of the following forms: (A) The rules adopted by the Superior Court of the Virgin Islands for litigants proceeding in forma pauperis, but the petitioner is not subject to any other requirements of litigants proceeding in forma pauperis; or (B) Any other form that the Superior Court of the Virgin Islands may adopt for this purpose pursuant to subsection (o). (2) In conjunction with a hearing under this section, the court may make an order for the waiver of fees otherwise payable by the petitioner to a law enforcement agency for serving an order issued under this section. (m) The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any. (n) (1) An order issued pursuant to this section must prohibit the person subject to it from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm. (2) Paragraph (1) doesParagraph (1) a cause of action based solely on financial abuse unaccompanied by force, threat, harassment, intimidation, or any other form of abuse. (3) The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess. (4) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm while the protective order is in effect, in violation of 23 V.I.C. § 456a(a)(8), is subject to punishment under title 14 V.I.C. § 2253. (o) Orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and by issuance of a warrant to take the alleged violator into custody and bring the violator before the court. (p) The Superior Court of the Virgin Islands shall promulgate forms, instructions and rules for service of process, scheduling of hearings, and any other matters required by this section. The petition and response must be simple and concise. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 111-115; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

(a) The Department shall establish, by regulation, financial eligibility guidelines that provide a procedure for reimbursement by older or disabled adults for all or part of the costs of protective services. If the Department determines that the older or disabled adult who is in need of protective services has sufficient resources to pay for part or all of the cost of protective services, it shall initiate the procedures for reimbursement. If the Department determines that an older or disabled adult does not have sufficient resources, no reimbursement for any such costs may be charged to the older or disabled adult. (b) An older or disabled adult is not required to reimburse the Department for part or all of the costs of protective services, unless the older or disabled adult has been notified before the commencement of service provision that a reimbursement will be charged. An older or disabled adult may be required to reimburse the Department for protective services before service provision commences. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, pp. 115, 116; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

The Commissioner of Human Services may revise the rules and regulations for the implementation of the provisions of the Older and Dependent Adult Abuse Prevention Act. History: Added May 14, 2008, No. 7002, § 1, Sess. L. 2008, p. 116; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

It is no defense that a person who violated this chapter reasonably believed that the victim was not an older or dependent adult. History: Added July 27, 2020, No. 8318, § 1(k), Sess. L. 2020, p. 78; amended Nov. 10, 2025, No. 9051, § 2, Sess. L. 2025, p. -.

Nothing in this chapter may be construed to limit the remedies available to the victim under title 16, chapter 2 of the Virgin Islands Code. History: Added July 27, 2020, No. 8318, § 1(k), Sess. L. 2020, p. 78.

As used in this chapter, the following words, unless the context clearly requires otherwise, have the following meanings: (1) "Commissioner" means the Commissioner of the Virgin Islands Department of Human Services. (2) "Department" means the Virgin Islands Department of Human Services. (3) "EMS first responder" means a person providing emergency medical services. (4) "First responder" means police officer, fire firefighter, or a volunteer fire fighter trained to administer first aid; but the term does not include a police officer, fire fighter, or person engaged in police or fire work whose duties are primarily clerical or administrative. (5) "Private safety organization" means an entity that provides emergency police, fire, ambulance or medical services, which is not a government agency. (6) "Public safety department" means a functional division of a department or agency of the Government of the Virgin Islands, which provides firefighting, law enforcement, and ambulance, medical or other emergency services. (7) "Silver Alert System" means the Silver Alert Community Response System established in section 502. (8) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency established under 23 V.I.C. § 1006. (9) "Director" means Virgin Islands Territorial Emergency Management Agency. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 300.

(a) The Silver Alert System is established within the Virgin Islands Territorial Emergency Management Agency. The Silver Alert System is used when appropriate to alert other public safety departments and private safety organizations when an adult with documented serious memory impairment, such as Alzheimer's disease or other dementia, is reported to the Virgin Islands Police Department as a missing person. (b) The Silver Alert System shall direct and focus law enforcement and other key response resources in a cost-effective way within a geographic area consistent with the missing person's last known location and in accordance with the best available research data related to activities of persons with Alzheimer's disease or other dementia. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 301.

The Director, with the assistance of the Commissioner of Police, the Attorney General and the Department of Human Services, shall develop and implement the Silver Alert System notification plan for the purpose of disseminating, as rapidly as possible, information about a missing person, so that the Police Department, other law enforcement agencies, public safety departments, private safety organizations and the citizens throughout the Virgin Islands may be aware and may assist law enforcement with the safe return of missing persons with Alzheimer's disease or other dementia. The notification plan must provide a procedure for notifying all appropriate public and private agencies and the media that a Silver Alert has been declared. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 301.

(a) In promulgating regulations to develop and implement the Silver Alert System, The VITEMA shall consult with the Virgin Islands Police Department, representatives of the Office of the Attorney General, the Department and any local chapter of the National Alzheimer's Association. (b) All first responders, EMS first responders, 911 operators and other appropriate personnel, as determined by the Department, must be trained on the Silver Alert System application and protocols. Re- training must be included in the in-service training curriculum for such personnel. Training must include information relating to drivers whose memory impairments may put them at high risk for accidents or becoming lost while driving. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 301.

The Department, in conjunction with VITEMA, shall develop a plan to ensure that the Silver Alert System uses a localized mass alert notification system. The plan must include the creation of a data base to store information about individuals served under this chapter, including, height, weight, medical conditions, and recent photographs in accordance with the Health Insurance Portability and Accountability Act. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 301.

(a) The Silver Alert Community Response System Fund is established in the Treasury of the Government of the Virgin Islands. The Commissioner of Finance shall administer this Fund as a separate and distinct fund in the Treasury of the Virgin Islands. (b) The Fund consists of all sums appropriated by the Legislature, all public and private grants, gifts, donations, bequests and devises. The Commissioner of Finance shall disburse money from the Fund at the direction of the Commissioner of Human Services exclusively to implement and maintain the Silver Alert Community Response System. History: Added Jan. 20, 2017, No. 7961, § 1, Sess. L. 2016, p. 301, 302.

(a) The Department of Human Services shall maintain a registry of persons 60 years and older who live alone and persons with disabilities who live alone. (b) The Department of Human Services, the Bureau of Motor Vehicles and the Virgin Islands Elections System shall post signs in conspicuous places throughout their respective establishments notifying the public that all persons who are 60 years and older and persons with disabilities may enter their names on a registry with the respective entity so that they may be contacted to determine if they need emergency assistance during a manmade or natural disaster. (c) The Department of Human Services shall issue forms to the Bureau of Motor Vehicles and the Virgin Islands Elections System to be used to collect the information for the registry. The form, at a minimum, must provide for the entry of the person's: (1) name; (2) telephone number; (3) address, directions to the address; and (4) an emergency contact person, and that person's telephone number and address. (d) Throughout the year, the Department of Human Services shall also conduct periodic registration drives. History: Added July 9, 2018, No. 8058, § 1, Sess. L. 2018, p. 103, 104.

(a) The Bureau of Motor Vehicles and the Virgin Islands Elections System must remit the contact information to the Department of Human Services on a monthly basis. (b) The Department of Human Services shall submit the registry to the Virgin Islands Territorial Emergency Management Agency, the National Guard of the Virgin Islands, the Virgin Islands Fire Service and any other first responders on a quarterly basis. History: Added July 9, 2018, No. 8058, § 1, Sess. L. 2018, p. 104.

The information collected for the registry is confidential and may not be disclosed other than to assist the person on the registry in time of a manmade or natural disaster or if there is a medical or some other emergency. Disclosure of the information under any other circumstance subjects the person who discloses the information to a fine of not more than $500 or to imprisonment for less than one year, or both. History: Added July 9, 2018, No. 8058, § 1, Sess. L. 2018, p. 104.

As used in this chapter, "incapacitated person" means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 294.

(a) Unless specifically authorized by court order, a guardian may not restrict an incapacitated person's right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications. (b) If an incapacitated person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the incapacitated person may be presumed based on the incapacitated person's prior relationship history with the person. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 294.

A guardian may, for good cause shown, move the court to have restrictions placed on a person's ability to communicate, visit, or interact with an incapacitated person in accordance with § 664. The factors the court must consider in determining good cause are: (1) Whether any protective order has been issued to protect the incapacitated person from the person seeking access to the incapacitated person; (2) Whether abuse, neglect, or financial exploitation of the incapacitated person by the person seeking access to the incapacitated person has occurred or is likely to occur; (3) Whether there is documented evidence that the incapacitated person wishes to reject communication, visitation, or interaction with specific persons; and (4) Any other factors considered relevant by the court. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 294, 295.

Guardian (a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian. (b) In determining whether to issue an order in accordance with subsection (a), the court must consider the following factors: (1) Whether any protective order has been issued to protect the incapacitated person from the person seeking access to the incapacitated person; (2) Whether the person has been charged with abuse, neglect, or financial exploitation of the incapacitated person; (3) Whether the incapacitated person expresses a desire to communicate, visit, or interact with the person; (4) If the incapacitated person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the incapacitated person with regard to the person's communication, visitation, or interaction with the incapacitated person; and (5) Any other factors the court considers relevant. (c) Before issuing an order under this section, the court must consider the following restrictions in the order listed: (1) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the incapacitated person and another person based on the history between the incapacitated person and the person or the incapacitated person's wishes; (2) Requiring that communication, visitation, or interaction between the incapacitated person and another person be supervised; or (3) Denying communication, visitation, or interaction between the incapacitated person and another person. Unless the court finds that the person poses a threat to the incapacitated person, supervised communication, visitation, or interaction under subsection (c)(2) must be ordered before the denial of any communication, visitation, or interaction. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 295.

(a) If any interested person, including the incapacitated person, reasonably believes that § 662 has been violated or an order issued under § 664 has been violated, then such person may move the court to: (1) require the guardian to grant a person access to the incapacitated person; (2) restrict, or further restrict, a person's access to the incapacitated person: (3) modify the guardian's duties; or (4) discharge and replace the guardian pursuant to 1 5 V.I.C. § 5- 318. (b) Notwithstanding actions available to the court under subsection (a), a guardian who is found to be willfully isolating an incapacitated person and who has violated § 662 or has violated an order issued under § 664 is subject to discharge and replacement pursuant to 1 5 V.I.C. § 5- 318 History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 296.

(a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation results in agreement of the parties with regard to communication, visitation, or interaction with the incapacitated person, the agreement must be approved and memorialized in an order by the court. (b) If the motion alleges that the incapacitated person's health is in significant decline or that the incapacitated person's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but no later than 10 days after the motion is filed. (c) When a scheduling order is issued upon a motion filed under subsection (b), the court shall also order supervised communication, visitation, or interaction with the incapacitated person during the period before the hearing. (d) Notice of the hearing, a copy of the motion, and a copy of any order issue under subsection (c), if applicable, must be personally served upon the incapacitated person and any person against whom the motion is filed, and nothing in this chapter affects the incapacitated person's right to appear and be heard in the proceedings. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 296.

(a) The court may award the prevailing party in any action brought under this chapter court costs and reasonable attorneys' fees. But an award of court costs or attorneys' fees may not be paid out of the incapacitated person's estate. (b) The court, upon motion or upon its own initiative, shall impose upon a guardian who is found to be willfully isolating an incapacitated person and who has violated § 662 or who has violated an order issued pursuant to § 664, an appropriate sanction, including an order to pay court costs and reasonable attorneys' fees of the other party or parties. However, no sanction may be paid out of the incapacitated person's estate. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 296, 297.

A guardian shall promptly notify an incapacitated person's closest relatives and any person designated by the incapacitated person to be notified, along with the appropriate contact information and upon the incapacitated person's knowledge of such circumstance and information, if: (1) The incapacitated person's residence has changed; (2) The incapacitated person is staying at a location other than the incapacitated person's residence; (3) The incapacitated person is admitted to a medical facility for: (A) Emergency care in response to a life-threatening injury or medical condition; or (B) Acute care; or (4) The incapacitated person dies. However, notification of the incapacitated person's death must be made in person or by telephone. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 297.

(a) A guardian is not required to provide notice in accordance with § 668 if: (1) A person who is entitled to notice under § 668 informs the guardian in writing that the person does not wish to receive such notice; or (2) The incapacitated person or a court order has expressly prohibited the guardian from providing notice to the person. (b) A guardian may not provide contact information in accordance with § 668 if an order of protection or restraining order has been issued against the person on behalf of the incapacitated person. History: Added Jan. 1, 2017, No. 7958, § 3, Sess. L. 2016, p. 297.

This chapter may be cited as "The Virgin Islands Medicaid Program Integrity Act". History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 13.

As used in this chapter the following terms have the meaning set forth in this section, unless the context requires otherwise: (a) "Claim" means any application for payment made by any provider from the Virgin Islands Medicaid Program, or its fiscal agents, for each good or service purported by the provider to have been provided by the provider to any Medicaid recipient. A claim includes any communication, including written, electronic, or magnetic: (1) which is used to identify a good, item, or service as reimbursable pursuant to the Virgin Islands Medicaid Program; or (2) which states income or expense and is or may be used to determine a rate of payment pursuant to the Virgin Islands Medicaid Program. (b) "Fiscal agent" means any individual, firm, corporation, professional association, partnership, organization, or other legal entity which, through a contractual relationship with the Virgin Islands Department of Human Services, receives, processes, and pays claims under the Virgin Islands Medicaid Program. (c) "Medicaid fraud" means the commission of any of the actions described in § 686 of this chapter. (d) "Participant" means any person who has applied to participate or who participates in the Virgin Islands Medicaid Program as a supplier of goods or services. (e) "Person" means an individual or an entity. (f) "Provider" means any participant or any employee of a participant, whether that participant is an individual, individual medical vendor, firm, corporation, professional association, partnership, organization, or other legal entity under the Virgin Islands Medicaid Program; or any individual, individual medical vendor, firm, corporation, professional association, partnership, organization, other legal entity, or any employee thereof who is not a participant under the Virgin Islands Medicaid Program but who provides goods or services to a participant under the Virgin Islands Medicaid Program for which the provider submits claims to the Virgin Islands Medicaid Program or its fiscal agents. (g) "Recipient" means any individual on whose behalf any provider claimed or received any payment or payments from the Virgin Islands Medicaid Program or its fiscal agents, whether or not, any such individual was eligible for benefits under the Virgin Islands Medicaid Program. (h) "Records" means all medical, professional, or business records or documents relating to the treatment or care of any Medicaid recipient, or to goods or services provided to any such recipient, or to rates or amounts paid or claimed for such goods or services, including, but not limited to records of non-Medicaid goods or services, to verify rates or amounts; and any provider records required to be kept by the Virgin Islands Department of Human Services. (i) "Sign" means to affix a signature directly or indirectly by means of handwriting, typewriter, signature stamp, computer impulse, or other means recognized by Virgin Islands law. (j) "Virgin Islands Medicaid Program" means the territorial program administered by the Virgin Islands Department of Human Services pursuant to Title XIX of the Social Security Act which provides for payments for medical goods or services on behalf of indigent families with dependent children and on behalf of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 13, 14.

There is established within the Office of the Attorney General, the Medicaid Fraud Control Unit. (a) The Department of Human Services or its fiscal agents shall refer all cases of suspected Medicaid fraud to the Medicaid Fraud Control Unit for the purpose of investigation, civil action, or criminal action. Nothing contained herein shall prohibit the Department of Human Services from investigating or additionally referring to other proper law enforcement agencies cases of suspected Medicaid fraud, or the Attorney General from pursuing cases of suspected Medicaid fraud without a referral from the Department of Human Services if there is credible evidence of fraud. (b) (1) The Attorney General shall have all the powers necessary to comply with and enforce federal laws and regulations relative to the operation of the Medicaid Fraud Control Unit, including: the power to investigate cases of patient abuse or neglect; the power to investigate pursuant to chapter 15 of thischapter 15aims of abuse or neglect of patients in healthcare facilities receiving payments under the territorial Medicaid plan; the power to issue or cause to be issued subpoenas or other process in aid of investigations, criminal prosecutions, and civil actions; the power to administer oaths and take sworn statements under penalty of perjury; and the power to serve and execute, in any part of the Territory, search warrants that relate to investigations authorized by this chapter. (2) Subpoenas ad testificandum or duces tecum issued pursuant to this chapter may be served by the Attorney General, any peace officer, or any competent person over 18 years of age. A refusal to obey such subpoena, or willful failure to appear, be sworn, testify, or produce records at the place and time specified, shall constitute contempt and shall be enforced by the Superior Court of the Virgin Islands as if it was a contempt of that Court. This subsection does not affect the inherent contempt power of any court. (3) (A) The Attorney General shall have authority to collect all fines, penalties, amounts of restitution, and interest accruing on any amount of restitution to be made and any penalties to be paid from and after default of any payment levied pursuant to the provisions of this chapter, or any other charge, cause of action, pre-litigation settlement or other settlement that recovers money wrongfully paid by the Department of Human Services on a claim submitted to the Department of Human Services under the Virgin Islands Medicaid Program. (B) Funds recovered by the Attorney General pursuant to this section must be deposited as follows: (i) Any restitution recovered and interest thereon must be apportioned between the federal government and the Virgin Islands Medical Assistance Program pursuant to applicable federal regulations. (ii) Any funds recovered for costs of investigation, litigation, attorney fees, and other expenses incurred by the Office of the Attorney General in enforcing this chapter must be allocated according to federal guidelines. (iii) The balance in the Medicaid Fraud Revolving Fund must not exceed an amount equal to 50% of the current-year's budget for operating costs of the Medicaid Fraud Control Unit. Any funds exceeding that amount must be deposited into the General Fund. (c) The Medicaid Fraud Control Unit shall establish and maintain a website and phone messaging system to accept calls reporting suspected Medicaid fraud or suspicion of abuse or neglect of patients in facilities receiving Medicaid funding. (d) A potential Medicaid recipient is not eligible for benefits unless the recipient has authorized, in writing, the Virgin Islands Department of Human Services and the Attorney General to examine all records maintained, as required by the Virgin Islands Medicaid Program, of the recipient, or of those receiving or having received Medicaid benefits through the recipient, regardless of whether the receipt of such benefits would be allowed by the Virgin Islands Medicaid Program. (e) Each application to participate as a provider in the Virgin Islands Medicaid Program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to a recipient must contain a statement that all matters stated therein are true and accurate, signed by the provider or the provider's agent. Any person who signs this statement or causes another to sign this statement knowing the statement to be false is guilty of perjury. For purposes of this subsection, an individual who signs on behalf of a provider is presumed to have the authorization of the provider and to be acting at the provider's direction. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 14-16.

(a) There is established in the General Fund a revolving fund designated as "The Medicaid Fraud Control Unit Revolving Fund". (b) The Medicaid Fraud Control Unit Revolving Fund is a continuing fund, not subject to fiscal year limitations, and shall be comprised of monies appropriated by the Legislature. (c) The Commissioner of Finance shall disburse monies from The Medicaid Fraud Control Unit Revolving Fund, upon authorization and direction of the Attorney General, for activities related to the Medicaid Fraud Control Unit established under this section. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from The Medicaid Fraud Control Unit Revolving Fund. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 16.

The Department of Human Services may require providers to display information about how to report providers and recipients suspected of fraudulent activity relating to the Virgin Islands Medicaid Program. The Department of Human Services shall require that signs be posted at all locations where services provided by the Virgin Islands Medicaid Program are delivered to Medicaid recipients. The signs must make reference to the Attorney General's Medicaid Fraud Control Unit's phone messaging system and provide the current phone number for the phone messaging system and must be placed in a conspicuous location within a provider's office. The sign must contain notification that all reports to the phone messaging system may be filed anonymously by persons suspecting fraudulent activity. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 16.

(a) (1) All providers subject to the Virgin Islands Medicaid Program are required to maintain at their principal place of Medicaid business all records for a minimum of 6 years from the date of a claimed provision of any goods or services to a Medicaid recipient. (2) Any provider that fails to comply with the provisions of paragraph (1) is guilty of a misdemeanor. (b) The Attorney General must be allowed access to all records of providers and of recipients under the Virgin Islands Medicaid Program which are held by a provider or by the Virgin Islands Department of Human Service for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding under this chapter. (c) In carrying out the purposes of this chapter, the Attorney General may by subpoena, take possession of records held by a provider. In which case, copies of those records obtained by the Attorney General which are necessary for the provider to continue doing business must be supplied to the provider, or the Attorney General may elect to require that the provider supply the Medicaid Fraud Control Unit with copies of the records. Upon request, the Attorney General shall be granted access to records, including electronic data, held by the Virgin Islands Department of Human Services for the purpose of investigating whether any person may have committed Medicaid fraud. (d) Records obtained or created by the Department of Human Services or the Attorney General pursuant to the Virgin Islands Medicaid Program Integrity Act shall be classified as confidential information and shall not be subject to the Virgin Islands Open Records Act or to outside review or release by any person, except if authorized by the Attorney General, in relation to a legal, administrative, or judicial proceeding. (e) No person holding records may refuse to provide the Virgin Islands Department of Human Services or the Attorney General with access to the records on the basis that the release would violate a recipient's right to privacy, a recipient's privilege against disclosure or use, or any professional or other privilege or right. The disclosure of patient information as required by this chapter shall not subject any physician or other health care services provider to liability for breach of any confidential relationship between a patient and a provider. (f) Notwithstanding the provisions of this section, all requests for medical records and the handling of all medical records shall be consistent with all local and federal medical privacy laws. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 17.

(a) (1) It is unlawful for any provider willfully and knowingly to: (A) Make or cause to be made a claim, knowing the claim to be false, in whole or in part, whether by commission or omission; (B) Make or cause to be made a claim, statement, or representation for use in obtaining or seeking to obtain authorization to provide goods or services, knowing the claim, statement or representation to be false in whole or in part, whether by commission or omission; (C) Make or cause to be made a claim, statement, or representation for use by another in obtaining goods or services under the Virgin Islands Medicaid Program, knowing the claim, statement, or representation to be false, in whole or in part, whether by commission or omission; (D) Make or cause to be made a statement or representation for use in qualifying as a provider of goods or services under the Virgin Islands Medicaid Program knowing the statement or representation to be false in whole or in part, whether by commission or omission; (E) Charge any recipient, or provider acting on behalf of a recipient, money or other consideration in addition to or in excess of rates of remuneration established under the Virgin Islands Medicaid Program; or (F) Solicit or accept a benefit, pecuniary benefit, or kickback in connection with goods or services paid or claimed by a provider to be payable by the Virgin Islands Medicaid Program. (2) (A) For the purposes of this section, a provider is deemed to have known that a claim, statement, or representation was false if the provider knew, or by virtue of the provider's position, authority or responsibility, had reason to know of the falsity of the claim, statement or representation. (B) For the purposes of this section, a provider is deemed to have made, or caused to be made, a claim, statement, or representation if the provider: (i) had the authority or responsibility to make the claim, statement, or representation; supervised the person who made the claim, statement, or representation; or authorize the making of the claim, statement, or representation, whether by operation of law, business or professional practice, or office procedure; and (ii) exercised such authority or responsibility or failed to exercise such authority or responsibility, and as a direct or indirect result, the false statement was made. (3) Penalties (A) Any provider committing any actions delineated in paragraph (1) of this subsection where the aggregate amount of payments illegally claimed or received is less than $100, is guilty of a misdemeanor, pursuant to 14 V.I.C. § 834; (B) Any provider committing any actions delineated in paragraph (1) of this subsection where the aggregate amount of payments illegally claimed or received $100 or more, is guilty of a felony, pursuant to 14 V.I.C. § 834; (C) Any provider who receives payment for furnishing goods or services under the Virgin Islands Medicaid Program which the person is not entitled to receive by reason of commission of any actions delineated in paragraph (1) of this subsection, in addition to any other penalties provided by law, is liable for: (i) Full restitution to the Virgin Islands Department of Human Services of all funds or payments received in violation this chapter; (ii) Payment of interest on the amount of the payment, at the maximum legal rate in effect on the date the payment was made for the period from the date upon which payment was made to the date upon which the repayment is made to the Department of Human Services; and (iii) The costs of investigation and litigation and attorney fees. (b) (1) It is unlawful for a person to: (A) Obtain or attempt to obtain, or aid, abet or assist any individual to obtain, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled by means of a false statement or representation, or by false impersonation, or by a fictitious transfer, conveyance or encumbrance of property or income, or by a knowing and willful failure to report to the Virgin Islands Department of Human Services income, personal property, real property, household members, or other material eligibility factors at the time of application or during the receipt of assistance, or by other fraudulent device; or (B) Knowingly obtain, aid, abet or assist any individual to obtain or attempt to obtain assistance to which the individual is not entitled by sale, barter, purchase, theft, acquisition, possession or use of any medical identification card or any other device authorizing participation in the Virgin Islands Medicaid Program. (2) Penalties. (A) If the acts in either subsection (b)(1)(A) or (b)(1)(B) of this section cause the Virgin Islands Department of Human Services to determine that an individual or family is eligible for benefits under the Virgin Islands Medicaid Program, and the aggregate amount of assistance paid on behalf of the individual or individuals is less than $5,000, the offense, upon conviction, shall be a misdemeanor punishable by a fine of up to $500 or imprisonment for up to three months, or both a fine and imprisonment. Additionally, the court may exercise its discretion by imposing an administrative sanction regarding future Medicaid benefits. (B) If the acts in paragraph (1)(A) or (1)(B) of this subsection cause the Virgin Islands Department of Human Services to determine an individual or family eligible for benefits under the Virgin Islands Medicaid Program and the aggregate amount of assistance paid on behalf of the individual or individuals is equal to or greater than $5,000, the offense, upon conviction, shall be a felony punishable by fine of up to 5,000 or imprisonment of not more than five years, or both. Additionally, the court may exercise its discretion by imposing an administrative sanction regarding future Medicaid benefits. (c) As used in this section: "Administrative sanction" means the entry of an order making an individual who violates a provision of this section ineligible for Medicaid assistance for a specified period. Such order shall be served upon the Virgin Islands Department of Human Services. (d) In addition to the penalties provided by this chapter, the Department of Human Services may, upon the conviction of any provider wherein Medicaid fraud on the provider's part is involved, suspend the provider agreement between the Department of Human Services and the provider and suspend reimbursement to the provider for goods or services claimed for a period of up to one year from the date of final adjudication of the matter. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 18-20.

The Attorney General shall submit an annual report by July 1 of each year to the Governor of the Virgin Islands detailing the number of Medicaid fraud cases investigated and litigated, and the amount of money collected in the previous fiscal year under this chapter. History: Added Feb. 19, 2020, No. 8287, § 1, Sess. L. 2020, p. 20.