Withdrawal from district boards of social services

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A. The governing body of any county or city that has combined with one or more other counties or cities to establish a district board pursuant to § 63.2-306 may withdraw from such district board and establish a local board in accordance with a transition plan approved by the Board.

B. The governing body of a county or city that wishes to withdraw from a district board shall adopt a resolution stating the local governing body's intent to withdraw from the district board and setting forth the terms and conditions of a transition plan for the withdrawal from the district board and establishment of a local board by the local governing body. Such resolution shall be communicated to the Board and all other counties and cities participating in the district board.

C. The transition plan required pursuant to subsection B shall include provisions related to:

1. Establishment of a local board, including appointment of members to such local board;

2. Withdrawal from the district board, including payment of any outstanding obligations by the local governing body to the district board and transfer of any property or funds from the district board to the local board;

3. Transfer of financial and administrative powers and duties from the district board to the local board;

4. Continued provision of social services in accordance with laws of the Commonwealth and regulations of the Board; and

5. Any other matters necessary to accomplish the withdrawal of the local governing body from the district board.

The transition plan shall also include a timeline for establishment of the local board and withdrawal of the local governing body from the district board and shall state whether the local governing body intends to withdraw from any single department of social services established by the local governing bodies of the counties or cities participating in the district board.

D. Whenever the Board fails or refuses to approve the terms and conditions of a transition plan submitted pursuant to subsection B, the county or city seeking to withdraw from a district board may petition the circuit court of the county or city for approval of the transition plan. The Board, the district board, and the counties and cities participating in the district board shall be named as parties in such action. The circuit court may approve a transition plan for the withdrawal of a county or city from a district board and establishment of a local board subject to such transition plan with such terms and conditions that the court may deem appropriate.

2014, c. 119.


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