CHAPTER 27. MENTALLY ILL PERSONS.
WVC 27 - 17 -
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
WVC 27 - 17 - 1
(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, leased or operated by a behavioral health service provider
and which: (1) Provides residential services and supervision for
individuals who are developmentally disabled or behaviorally
disabled; (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 and not more than
three supervisors; (3) is licensed by the Department of Health and
Human Resources; 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.
§27-17-2. Permitted use of group residential facilities;
Both a group residential facility and a group residential home
shall be a permitted residential use of property for the purposes
of zoning and shall be a permitted use in all zones or districts.
No county commission, governing board of a municipality or planning
commission shall require a group residential facility, its owner or
operator, to obtain a conditional use permit, special use permit,
special exception or variance for location of such facility in any
zone or district.
§27-17-3. License from director of health; application;
(a) No group residential facility shall be established,
maintained or operated unless a license therefor shall be first
obtained from the director of health, except that a group
residential facility for behaviorally disabled juveniles shall be
deemed to satisfy all requirements of this section by obtaining a
license from the commissioner of human services. The application
for such license shall contain such data and facts as the director
may require. The director may promulgate reasonable regulations
for the conduct of such facilities, including, but not limited to,
a statement of the rights of patients in group residential
facilities for the mentally and physically impaired to ensure the
adequate care and supervision of such patients, and shall have the
authority to investigate and inspect any such facility, and may
revoke the license of any such facility for good cause after notice
(b) A group residential home is not required to obtain a
license from the director of health.
§27-17-4. Exclusion by private agreement void.
Any restriction, reservation, condition, exception or covenant
in any subdivision plan, deed, or other instrument of or pertaining
to the transfer, sale, lease or use of property which would permit
residential use of property but prohibit the use of such property
as a group residential facility or group residential home shall, to
the extent of such prohibition, be void as against the public
policy of this state and shall be given no legal or equitable force
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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