West Virginia § 27-17-1 Definitions

West Virginia Statutes

§ 27-17-1 — Definitions

West Virginia § 27-17-1

Ch. 27MENTALLY ILL PERSONS

Art. 17GROUP RESIDENTIAL FACILITIES

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Bluebook

W. Va. Code § 27-17-1 (2026).

Text

(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 limi

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(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.

Legislative History

2024 Reg. Sess., SB300; 2024 Reg. Sess., HB5248; 2023 Reg. Sess., HB3247; 2009 Reg. Sess., SB687; 1998 Reg. Sess., SB388; 1984 Reg. Sess., SB407; 1980 Reg. Sess., SB425