H. B. 2610


(By Delegates Wills and Staton)

[Introduced March 1, 2001; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section one, article seventeen, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to including certain shelters within the definition of a group residential facility.

Be it enacted by the Legislature of West Virginia:

That section one, article seventeen, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 17. GROUP RESIDENTIAL FACILITIES.

§27-17-1. Definitions.
(a) "Developmental disability" means a chronic disability of a person which: (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency; and (4) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
(b) "Behavioral disability" means a disability of a person which: (1) Is attributable to severe or persistent mental illness, emotional disorder or chemical dependency; and (2) results in substantial functional limitations in self-direction, capacity for independent living or economic self-sufficiency.
(c) "Group residential facility" means a facility which is owned or leased by a behavioral health service provider or is a family violence shelter and which: (1) Provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled or is a shelter or family protection shelter as defined in section two, article two-c, chapter forty-eight of the code; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors, or is occupied as a residence by not more than twelve individuals who are behaviorally disabled or being sheltered and not more than three supervisors; (3) is licensed by the department of health or the division of human services; and (4) complies with the state fire commission for residential facilities.
(d) "Group residential home" means a building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the persons without a license as provided for in this article.

 Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.