SECTION 63.2-408. When a locality fails to provide public assistance or social services; deductions by Comptroller; social services; withholding payments  


If any county or city, through its appropriate authorities or officers fails or refuses to provide public assistance or social services in accordance with the provisions of Subtitles II and III of this title, the Board through appropriate proceedings shall require such authorities and officers to exercise the powers conferred and perform the duties imposed by Subtitles II and III.

For so long as the failure or refusal to provide for the public assistance or social services continues, the Board shall authorize and direct the Commissioner under regulations of the Board to provide for the payment of public assistance or the furnishing of social services in such county or city out of funds appropriated for the purpose of carrying out the provisions of Subtitles II and III of this title. In such event, the Commissioner shall at the end of each month file with the State Comptroller and with the local governing body of such county or city a statement showing all disbursements and expenditures, including administrative expenditures, made for and on behalf of such county or city, and the Comptroller shall from time to time as such funds become available deduct from funds appropriated by the Commonwealth, in excess of requirements of the Constitution of Virginia, for distribution to such county or city amounts required to reimburse the Commonwealth for expenditures incurred under the provisions of this section. All such funds so deducted and transferred are hereby appropriated for the purposes set forth, and shall be expended and disbursed as provided in § 63.2-403 . If at any time a locality fails to operate public assistance programs or social service programs in accordance with state laws or regulations or fails to provide the necessary staff for the implementation of such programs, the Board may authorize and direct the Commissioner, under regulations of the Board, to withhold from such locality the entire reimbursement for administrative expenditures or a part thereof for the period of time the locality fails to comply with state laws or regulations.

Code 1950, §§ 63-26, 63-135, 63-136, 63-140.12, 63-140.13, 63-157, 63-158, 63-199, 63-200; 1960, c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 668, 670, §§ 63.1-122, 63.1-123; 1970, c. 721; 1974, cc. 491, 504; 1975, cc. 176, 438; 1984, c. 781; 1990, c. 537; 1995, cc. 63.2-403 , 63.2-403 ; 1999, c. 63.2-403 ; 2002, c. 63.2-403 .