W. Va. Code § 27-17-1

Current through 2024 First Special Session
Section 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, 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 12 individuals who are behaviorally disabled and not more than three supervisors;
(3) is licensed by the Office of Health Facility Licensure and Certification; 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.

W. Va. Code § 27-17-1

Amended by 2024 Acts, ch. TBD (SB 300), eff. 2/8/2024.