Chapter 5. General Powers And Authority Of The Governor, Secretary Of State And Attorney General; Board Of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc

Published: 2015

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WVC 5-


WVC -25-


WVC 5-25-1

§5-25-1. Resident trustee accounts required, reports.

All state institutions including, but not limited to, those

institutions under the control of the department of veterans

affairs, the department of health, or the department of human

services which provide custodial care for any person for any

purpose whatsoever shall establish resident trustee accounts for

all persons resident at the institution who request such accounts

or who are unable to manage their own funds. The administrator in

charge of the institution shall take possession of all money or

other valuables on the person of or sent to each resident for whom

a trustee account has been established: Provided, That this

article shall not apply to state institutions under the control of

the department of corrections or where there is a legal

representative appointed for such person.

The administrator shall credit such money and valuables to the

resident entitled thereto and shall keep an accurate record of all

moneys and valuables received or disbursed. This account is

subject to examination by the head of the department which controls

the institution. The administrator shall deposit such fiduciary

funds received into federally insured account approved by the

director of the department except for those funds required to be

kept locally. The local funds shall be deposited in one or more

responsible banks. The accounts shall be designated "resident

trustee account."

The administrator shall ensure that proper disbursements are made from the "resident trustee account" when required for the

maintenance of the resident or when agreed to by the resident.

The administrator shall deliver to the resident, or to the

resident's responsible representative payee when applicable, at

the time the resident leaves the institution all valuables or

moneys then credited to the resident or, in the case of the death

of a resident before leaving the institution, the administrator

shall deliver such property to the resident's representative.

The administrator of the institution shall submit a monthly

report to the head of the department controlling the institution.

This report shall provide a reconciliation of each resident trustee

account or other fiduciary account maintained by the institution.

The director of any department who receives these monthly

reports shall submit each month to the legislative auditor a record

of the reconciliations for each institution.

WVC 5-25-2

§5-25-2. Management accounting system required.

(a) The commissioner of finance and administration shall

within ninety days after this article initially goes into effect

develop a system of management accounting for all bank accounts

held by each state institution where funds are held in a fiduciary

capacity for residents of the institution. The management

accounting system shall include a method of internal management

accounting control for funds held in a fiduciary capacity for

residents of public institutions.

(b) The commissioner of finance and administration shall

deliver proper instructions for instituting the system of

management accounting to the heads of all departments which control

state institutions where funds are held in a fiduciary capacity for

residents. The department heads shall institute the system of

management accounting at each institution under their control.

WVC 5-25-3

§5-25-3. Money not part of state fund.

Money held in a fiduciary capacity for residents in state

institutions in resident trustee accounts shall not be credited to

the state fund nor treated by the state auditor or state treasurer

as part of the general revenue fund of the state.

WVC 5-25-4

§5-25-4. Resident trustee accounts claim against the state.

Any money held in a resident trustee account in any state

institution which is in any manner misappropriated from that

account may be recovered by the resident or the resident's legal

representative under the provisions of article two, chapter

fourteen of this code and such money is hereby specifically made a

claim against the state for the purposes of such article.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.