W. Va. Code R. § 64-38-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-38-3 - Definitions
3.1. Board of Directors - those who are vested with the management of the affairs of the corporation, by whatever name they may be called.
3.2. Bylaws - the code of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are called.
3.3. Case Management - a process which shall include, but not be limited to:
(1) assessing individually an individual's situation and identifying services necessary to meet those needs;
(2) development of a service plan;
(3) arranging for the implementation of the service plan;
(4) monitoring and evaluating the impact of services on the individual; and
(5) providing for the continuity of services and care.
3.4. Corporation - shall for the purposes of this rule refer to nonprofit corporations only, and may be taken within context to refer to the corporation as a whole or to its members, directors, officers and employees.
3.5. Department - the West Virginia department of health.
3.6. Director - a member of the board of directors.
3.7. Employee - shall include officers but not directors. A director may accept duties which make him an employee.
3.8. Family - one or more persons related to the ward by blood or by marriage, who maintain contact with and interest in the ward.
3.9. Gender - the pronoun "he" shall denote both the masculine and feminine gender. The use of any word denoting the masculine gender shall be taken to apply to both females and males.
3.10. License - the document issued by the department which constitutes the approval for appointment to serve as guardian, limited guardian and standby guardian.
3.11. Licensee - a corporation duly licensed by the health department to serve as guardian for individuals who are mentally retarded or mentally handicapped.
3.12. Member - one having membership in the nonprofit corporation in accordance with the provisions of its articles of incorporation or bylaws.
3.13. Mentally Handicapped Person - an individual with a condition medically determined which results in a substantial mental impairment of general intellectual functioning and which results in that person's inability to function normally in society for his own best interests.
3.14. Mentally Retarded Person - an individual with significantly subaverage intellectual functioning which manifests itself in a person during his developmental period and which is characterized by inadequacy in adaptive behavior.
3.15. Person - an individual and every form of organization, whether incorporated or unincorporated, including any partnership corporation for profit or not, trust, association or political subdivision of the state.
3.16. Staff - employees of the corporation.
3.17. Ward - an individual for whom a corporation has been appointed guardian, limited guardian or standby guardian.

W. Va. Code R. § 64-38-3