March 2004 |
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| Opinion # | Requestor | Summary |
| 04-016 | Mr. Darvin E. Satterwhite |
No authority for board of supervisors or circuit court to appoint temporary replacement for supervisor called to active military duty without having received notice from supervisor requesting appointment of temporary replacement member. Supervisor’s position is not vacant unless or until supervisor provides notice of his absence due to active military duty. No requirement to hold special election under facts presented. |
| 04-002 | The Honorable Judy S. Crook Commissioner of the Revenue for Franklin County |
Question whether family cemetery is being operated for profit, for purposes of tax exemption, is determination of fact to be made by local taxing official. Land dedicated for family cemetery is limited to 300 acres. |
| 04-003 | Mr. Donald D. Litten |
Stepchild that has not been adopted by stepparent is not ‘offspring’ or ‘member of immediate family’ for purposes of family subdivision exception. |
| 04-005 | The Honorable E. Stuart Kitchen, Jr. |
Jail inmate serving contempt sentence for failure to pay spousal or child support is entitled to sentence credits where confinement is imposed as punishment rather than in effort to coerce compliance with support order. |
| 04-009 | The Honorable Phillip P. Puckett |
Authority for county board of supervisors to appoint tie breaker for county school board. |
| 04-011 | The Honorable Harry J. Parrish Member, House of Delegates |
School board may act as responsible public entity under Act. Authority of school board acting as responsible public entity to enter into comprehensive agreement only after receiving local governing body approval. |
| 04-012 | The Honorable Frank D. Hargrove, Sr. Member, House of Delegates |
Authority for juvenile court to order local board of social services to accept noncustodial entrustment of child found to be in need of services. |
| 03-034 | Mr. James E. Barnett County Attorney for York County |
Virginia courts have jurisdiction to issue and enforce orders pursuant to Juvenile and Domestic Relations District Law for child-protective services cases arising within boundaries of United States Naval Weapons Station. York-Poquoson Department of Social Services is obligated to provide child welfare services within the Naval Weapons Station, including removal and protective orders. Department and local courts shall apply Virginia’s current abuse and neglect law. Local courts may order social workers to enter Naval Weapons Station to perform home studies and conduct investigations regarding allegations of abuse, neglect, or delinquency. Any enforcement measures, however, must comply with security requirements of Naval Weapons Station. |