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2006 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  They are not "rulings" and do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general. 

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

December

Opinion # Requestor Summary
05-095 The Honorable William H. Fralin, Jr.
Member, House of Delegates
Section 63.2‑905 does not mandate that mental health services be provided; rather it defines term foster care services. Comprehensive Services Act addresses requirements for provision of services, which incorporates definition of foster care services. Act mandates provision of such foster care services by state and locality to prevent foster care placements when child is abused and neglected or child is in need of services. Statutory and constitutional provisions require that CSA-mandated mental health services be provided to eligible children in need of such services without their parents having to relinquish custody to local social services agencies.
     
06-052

The Honorable Gabriel A. Morgan
Sheriff of the City of Newport News

The Honorable B.J. Roberts
Sherif of the City of Hampton

Inmates’ canteen fund may be used to make direct or indirect payments to faith-based organizations when such organizations provide rehabilitation services, education programs, and counseling; when requested by inmate, organization may provide spiritual guidance, including Bibles and other religious materials.
     
06-077 The Honorable Harry B. Blevins
Member, Senate of Virginia
No direct obligation for contractor to provide certification regarding prior criminal convictions for employees; award of contract subject to employees providing such certification. Local school board must require certification prior to award of covered contract to meet mandate of statute. Direct contact with students limited to contractor and employees making certification. Contractor’s employees added during contract period must provide certifications prior to direct contact with students. Local school board should rely on definition of ‘services’ in Virginia Public Procurement Act in determining scope of responsibilities under § 22.1‑296.1(C). Natural or non-natural person is ‘contractor’ within meaning of § 22.1‑296.1. Anyone having knowledge of materially false certification may report information to local school board, local law enforcement authorities, or appropriate Commonwealth’s attorney for prosecution; may also report to respective licensing agency. Whether certain crime involves moral turpitude depends on facts and nature of crime; crimes involving dishonesty do involve moral turpitude.
     
06-088 The Honorable John R. Newhart
Sheriff, City of Chesapeake
Authority for sheriff to place prisoner on home/electronic incarceration while prisoner is serving mandatory minimum sentence.