Powers and duties of the Department of Human Services

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  • (a) The Department of Human Services has authority and jurisdiction to, and shall —

    • (1) cooperate with the United States Department of Health and Human Services in carrying out, in the Virgin Islands, the provisions of the Federal Vocational Rehabilitation Act, as amended;

    • (2) cooperate with, and (pursuant to cooperative and other arrangements where necessary) utilize the services of the Department of Education, the Virgin Islands Employment Service, the Bureau of Old-Age and Survivors Insurance (Department of Health and Human Services) and other Federal, state, territorial and Virgin Islands agencies providing services relating to vocational rehabilitation services; and to cooperate with, and utilize the services of, private agencies and institutions providing such services;

    • (3) administer the funds provided by the Federal Government and the Legislature for the promotion of vocational rehabilitation;

    • (4) establish, operate, and maintain rehabilitation facilities and workshops, provided, that to establish rehabilitation facilities and workshops includes the acquisition by purchase, lease, gift or otherwise of necessary lands, and the construction, expansion, remodeling or alteration, and equipment of necessary buildings;

    • (5) assist by means of money grants, where funds are available for such purposes, in the establishment of nonprofit rehabilitation facilities and workshops, provided, that the grants authorized by this subsection are limited to those which would be subject to Federal participation pursuant to the Federal Vocational Rehabilitation Act, as amended; and

    • (6) conduct research and demonstrations and compile statistics relating to the provision of services to or the need of services by physically handicapped individuals and initiate projects for the extension and improvement of vocational rehabilitation services.

  • (b) In addition to the powers and duties prescribed in subsection (a) of this section, the Department of Human Services has authority and jurisdiction to, and shall —

    • (1) enter into an agreement with the Secretary of Health and Human Services regarding determination and certifications of disability with respect to such class or classes of individuals in the Virgin Islands as the Board deems reasonable;

    • (2) enter into agreements with schools, hospitals and other institutions and agencies, both public and private, and with doctors, nurses, technicians, and other persons, to provide for training, transportation, physical restoration, and other vocational rehabilitation services;

    • (3) prepare, and from time to time amend, and submit to the United States Department of Health and Human Services, the Virgin Islands plan for vocational rehabilitation services as required to obtain the full benefits of the Federal Vocational Rehabilitation Act, as amended;

    • (4) establish and maintain such methods of administration as are determined by the United States Secretary of Health and Human Services to be necessary for the proper administration of the plan;

    • (5) make such reports, in such form and containing such information as the United States Secretary of Health and Human Services, may from time to time reasonably require to carry out its functions under the Federal Vocational Rehabilitation Act, as amended, and to comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

    • (6) make reasonable rules and regulations which it deems necessary to carry out the purposes of this chapter, including rules and regulations relating to the —

      • (A) establishment and maintenance of minimum standards governing the facilities and personnel utilized in providing vocational rehabilitation services;

      • (B) protection of records and confidential information;

      • (C) manner and form of filing applications;

      • (D) eligibility, and investigation and determination thereof, for vocational rehabilitation services;

      • (E) procedures for fair hearings; and

      • (F) criteria to be used and the order to be followed in selecting eligible physically handicapped individuals when vocational rehabilitation services cannot be provided to all eligible persons who apply —

    • (7) make certification for payment of the compensation of officials and other personnel appointed under section 381 of Title 3 for the proper administration of the provisions of this chapter, and of other expenses of administration of the vocational rehabilitation program, from funds appropriated or available for these purposes;

    • (8) establish appropriate subordinate administrative units;

    • (9) prepare annual reports of activities and expenditures, and, prior to each regular session of the Legislature estimates of sums required for carrying out the provisions of this chapter and estimates of the amounts to be made available for this purpose from all sources; and

    • (10) take such other action as is determined to be necessary or appropriate to carry out the purposes of this chapter.

  • (c) The functions prescribed in subsection (b) of this section shall be performed by the Department, or subject to its direction, supervision, control, and approval, by such officials or employees, employed by it for the purposes of carrying out this chapter, as it designates.


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