Title 22 VAC — Social Services

Agency 15 Child Day-Care Council (Abolished)

Chapter 30 Standards for Licensed Child Day Centers

Part IX Montessori Module [Repealed]

22VAC15-30-680 (Repealed.)

Historical Notes

Derived from VR175-08-01, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; repealed, Virginia Register Volume 14, Issue 21, eff. September 1, 1998.

Agency 20 Department For The Deaf And Hard-Of-Hearing

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

22VAC20-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department for the Deaf and Hard-of-Hearing. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department for the Deaf and Hard-of-Hearing, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

Part II Notification of Interested Persons

22VAC20-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 22VAC20-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

Part III Public Participation Procedures

22VAC20-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

22VAC20-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-112 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. January 7, 2009.

Chapter 20 Regulations Governing Eligibility Standards and Application Procedures for the Distribution of Assistive Technology Equipment

Part I Definitions

22VAC20-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alerting device" means a device that alerts individuals with a hearing loss of sounds around them.

"Amplification device" means a device that amplifies either incoming sounds for individuals who have a hearing loss or outgoing sounds for individuals who have a speech disability.

"Applicant" means a person who applies for assistive technology equipment.

"Application" means the TAP Application (VDDHH-TAP-1).

"Assistive technology equipment" means any device or adaptive equipment for telecommunications or alerting used by individuals who are deaf, hard of hearing, deafblind or speech-disabled.

"Audiologist" means any person who is licensed by the Department of Health Professions to engage in the practice of audiology.

"Completion date" means the date all supporting documentation for the application is received by the department.

"Coupon" means a voucher that may be used by the applicant towards the purchase of approved assistive technology equipment through the program.

"Deaf" means a hearing loss that requires use of a text telephone or Voice Carry Over Phone to communicate effectively on the telephone.

"Deafblind" means a dual loss of hearing and vision that requires use of a braille text telephone or a large visual display text telephone to communicate effectively on the telephone.

"Department" means the Virginia Department for the Deaf and Hard-of-Hearing.

"Family" means the applicant, his dependents and any person legally required to support the applicant, including a spouse.

"Fiscal constraint" means when projected expenditures may exceed appropriated funds for equipment distribution within a budgeted period.

"Gross income" means the income, total cash receipts before taxes from all sources of the applicant, his dependents, and any person legally required to support the applicant, including a spouse.

"Hard of hearing" means a hearing loss that requires use of either a text telephone or an amplification device to communicate effectively on the telephone.

"Hearing aid specialist" means a person who has a license from the Department of Professional and Occupational Regulation to fit and sell hearing aids.

"Hearing-disabled/visually-disabled" means a dual loss of hearing and vision that requires use of large visual display text telephone or a braille text telephone to communicate effectively on the telephone.

"Minor" means a person less than 18 years of age whose parent or legal guardian is legally responsible for his support.

"Physician" means a person who has a medical degree and a license to practice medicine in any one of the United States.

"Program" or "TAP" means Technology Assistance Program for distributing assistive technology equipment to individuals who are deaf, hard of hearing, hearing-disabled/visually-disabled, deafblind or speech-disabled and who meet eligibility requirements through an application process.

"Public assistance" means and includes Temporary Assistance to Needy Families (TANF); Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI); auxiliary grants to the aged, blind and disabled; medical assistance; food stamps; general relief; fuel assistance; and social services.

"Recipient" means a person who receives assistive technology equipment.

"Ring signal device" means a device that alerts an individual who is deaf, hard of hearing, hearing-disabled/visually-disabled or deafblind of an incoming call.

"Speech-disabled" means a loss of verbal communication ability that prohibits normal usage of a standard telephone handset.

"Speech-language pathologist" means any person who is licensed by the Department of Health Professions to engage in the practice of speech-language pathology.

"Text telephone" (hereinafter called TTY) means a nonvoice terminal device used to transmit and receive messages telephonically. This includes, but is not limited to, telecommunications devices for the deaf (TDD/TTY) and computer software.

"VDDHH outreach specialist" means a person hired by or contracted with the department to provide outreach services and to assist the department in carrying out activities related to the Technology Assistance Program on either a regional or local level.

"Vendor" means a company that enters into a contract with the Commonwealth to provide assistive technology equipment as defined in this regulation.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 1.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

Part II Determining Ownership

22VAC20-20-20 Ownership guidelines

A. Any assistive technology equipment distributed through the program is the property of the individual recipient except for any device which, individually, has a cost to the program or the program recipient in excess of $5,000 at the date of acquisition.

B. The department shall retain ownership of any assistive technology equipment distributed through the program that costs $5,000 or more. Where ownership of assistive technology equipment is retained by the department, information regarding income and family size shall not be required.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 2.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

Part III Participation of Applicant

22VAC20-20-30 Eligibility requirements

Upon request for assistive technology equipment by an applicant, the department will require information as to the family size, financial status, and other related data as described on the application. Applicants eligible to participate in the program shall meet the following requirements:

The applicant must be certified as deaf, hard of hearing, hearing-disabled/visually-disabled, deafblind, or speech-disabled by a licensed physician, audiologist, speech-language pathologist, hearing aid specialist, vocational rehabilitation counselor employed by the Department of Rehabilitative Services or the Department for the Blind and Vision Impaired, a Virginia School for the Deaf and Blind representative, a VDDHH outreach specialist or other appropriate agency or government representative.
The applicant shall provide one of the following, in the name of the applicant or the applicant's spouse or legal guardian, as proof of residency in the Commonwealth of Virginia:

a. Current lease or deed to domicile in Virginia;

b. A utility bill, dated within 12 months of the submission, for a residence in Virginia; or

c. Any other form of proof approved by the department.

The applicant shall provide correct and verifiable information on the family's gross income. The department reserves the right to request verification of income from any program applicant before determining what charges, if any, the applicant will be required to pay for assistive technology equipment through the program.
The applicant shall submit a completed and signed application.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 3.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-40 Charges for equipment

Eligible applicants shall be granted program participation based on a first-come, first-served basis and the availability of program funds. If the individual or family monthly gross income is such that a charge for assistive technology equipment is required, an explanation of the charges shall be provided to the recipient.

An applicant shall not be required to participate in the cost of assistive technology equipment:

a. If family monthly gross income is:

(1) Obtained solely from public assistance, as defined in Part I of this chapter, earnings of minor children or gifts, or any combination thereof; or

(2) Less than or equal to 250% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 USC § 9902(2).

b. If ownership of assistive technology equipment is retained by the department.

Any applicant whose annual income exceeds 250% of the Federal Poverty Guidelines shall be required to pay to the vendor or to the department an amount equal to the full state contract cost or actual state invoice cost of the requested equipment.
If an applicant is paying monthly installments toward a debt(s), then the amount of one monthly installment will be subtracted from the applicant's expected contribution before the valid amount owed is determined, under the following conditions:

a. The debt(s) is owed for nonpreventative medical or dental services; and

b. The debt(s) is owed by or for the applicant or individuals whom the applicant is legally responsible to support or is legally supported by.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 3.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-50 Type of equipment

The equipment that may be available through the program includes but is not limited to: TTY/TDDs, large visual display TTY/TDDs, braille TTY/TDDs, amplification devices, ring signal devices, doorbell signallers, visual smoke/fire detectors, baby sound monitors, and visual or vibrating alarm clocks.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 3.3, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

Part IV Application Procedures

22VAC20-20-60 General

The application may be obtained from the department or the department's outreach specialists or other sites around the state. Completed applications shall be forwarded to:

| | Virginia Department for the Deaf and Hard-of-Hearing ATTN: VDDHH-TAP 1602 Rolling Hills Drive, Suite 203 Richmond, Virginia 23229-5012 The VDDHH telephone number is 1-800-552-7917 (V/T) or (804) 662-9502 (V/TTY). | | --- | --- |

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 4.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-70 Processing applications

A. The department shall approve all applications for which eligibility requirements defined in 22VAC20-20-30 are satisfied, except as provided in this section. Priority may be given to first-time applicants and to recipients who have not received equipment through the program during the preceding 48 months and are without fully functioning equipment as verified in writing by a VDDHH-approved agency representative or vendor during times of fiscal constraint, as determined by the director.

B. Application shall not be approved when:

The applicant who must contribute has already been issued a coupon that is still valid and has not been redeemed towards the purchase of assistive technology equipment under this program.
The applicant has received a device from TAP within the preceding four years except for conditions set in subsections D and E of this section.

C. Application for replacement equipment shall not be approved when:

A device previously issued by the department has been subjected to abuse, misuse or unauthorized repair by the recipient.
The recipient fails to provide a police report of a stolen device or refuses to cooperate with the police investigation or in the prosecution of the suspect, including the refusal to testify in court when requested to do so.
The recipient is found negligent in the police report, such as doors to the house or car left unlocked or unattended.
The recipient has lost the device.
The recipient has sold the device.

D. Replacement equipment may be given within a four-year period if assistive technology equipment is damaged through natural disasters, such as lightning, electrical storms, or floods. The recipient must first send damaged equipment to the vendor. The vendor must certify to the department that the equipment, provided it is still under valid warranty, is unrepairable due to natural disaster. The recipient must provide proof that the damage was not covered by homeowners or rental insurance. The agency shall issue a replacement device to the recipient, upon reapplication, either free or at the full cost of the requested equipment, depending on eligibility criteria as outlined in 22VAC20-20-40.

E. Exchange of equipment may be permitted where the original equipment can no longer be used by a recipient due to deteriorating vision or hearing or when a new device has become available through TAP and is deemed more appropriate to the recipient's disability than a device previously issued to the recipient. A recipient must submit a letter from a professional listed in 22VAC20-20-30 stating that the recipient would achieve a more appropriate benefit from the new device on the basis of the individual's disability.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 4.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-80 Notice of action on approved or denied applications

The applicant shall be notified of a decision regarding an application within 30 calendar days of the completion date.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 4.3, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-90 Fraud

If a recipient obtains assistive technology equipment under false pretenses or misrepresentation of facts on the TAP application, the department reserves the right to demand return of such equipment. Such a recipient may be prosecuted to the fullest extent of the law.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 4.4, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

Part V Processing System

22VAC20-20-100 Processing

Processing, redemption and invoicing shall be governed by internal departmental procedures, contractual agreements and the Commonwealth of Virginia's Prompt Payment Act that shall be applied uniformly to applicants and contracted vendors.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 5.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

22VAC20-20-110 Liability

Recipients shall be responsible for any repairs to or loss of a device issued in the program, except where the department retains ownership of the device.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 5.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.

Part VI Confidentiality

22VAC20-20-120 Confidentiality

All TAP applications and other client materials shall be kept confidential by department personnel and other persons authorized by the department to view such materials. An applicant's award shall also be confidential and shall not be released without the applicant's permission.

History

Statutory Authority: § 51.5-112 of the Code of Virginia.
Historical Notes: Derived from VR245-02-01 § 6.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994.

Chapter 30 Regulations Governing Interpreter Services for the Deaf and Hard of Hearing

Part I Definitions

22VAC20-30-10 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless context clearly indicates otherwise:

"ASL" (American Sign Language) means the visual-manual language predominantly used by members of the deaf community.

"Assessment team" refers to the group of individuals who serve on the panel for Virginia Quality Assurance Screenings.

"Candidate" refers to any person who has applied to take the Virginia Quality Assurance Screening.

"Certified interpreter" refers to an advanced level interpreter who holds valid certification issued by the Registry of Interpreters for the Deaf, Inc., or a cued speech transliterator certified by the National Cued Speech Association.

"Closed screening" means a screening which may be offered to a group who has requested a screening for at least eight candidates within that group. Candidates on the waiting list to be screened may not be notified of closed screenings.

"Code of ethics" means the guidelines for interpreters as established by the national Registry of Interpreters for the Deaf, Inc., and the Code of Conduct of the National Cued Speech Association TEC Unit.

"Consumer" refers to any individual: deaf, hard of hearing or hearing who is a recipient of interpreter services.

"Coordinator" refers to the Coordinator of the Virginia Quality Assurance Screening in the Department for the Deaf and Hard of Hearing.

"Cued speech" means a phonemically-based system used in conjunction with speech reading, comprised of handshapes representing consonant sounds and positions about the face representing vowel sounds.

"Deaf" refers to any person who has a hearing loss such that with or without amplification is unable to receive information in an auditory fashion and whose primary means of receiving communication is through visual input such as lip reading, sign language, finger spelling, cued speech, reading or writing.

"Department" means the Virginia Department for the Deaf and Hard of Hearing.

"Director" refers to the Director of the Virginia Department for the Deaf and Hard of Hearing.

"Directory" means the listing of qualified interpreters for the deaf and hard of hearing as compiled by the department.

"Expressive" means to convey a spoken message into a visual equivalent.

"Hard of hearing" refers to any person who has a hearing loss such that hearing is difficult but the understanding of spoken communication through the ear alone, with or without a hearing aid, is not precluded.

"Hearing" refers to any person who is able to comprehend conversational speech without an assistive device.

"Interpret" means to accurately convey messages without personal interjection between two or more parties using two languages.

"Interpreter" refers to any person who facilitates communication between two or more parties using different languages or different forms of the same language and refers to sign language interpreter/transliterators and oral and cued speech transliterators. When the term is used to specifically identify an interpreter who interprets using ASL, this text will so indicate.

"Interpreting (ASL)" means the specific process of interpreting ASL vocabulary, structure, and grammatical components and does not include oral or cued speech transliterating or forms of manual communication using an English-based structure. The term is used specifically herein when discussing components of the VQAS assessment process.

"Manually-coded English" means any form of manual communication which utilizes specified handshapes to represent English syntax.

"National Cued Speech Association" (NCSA) means the national training, evaluation, and certification unit of cued speech transliterators.

"Oral" means a communication mode which is dependent upon speech reading and spoken communication.

"Panel" refers to the people selected to serve on an assessment team of the Virginia Quality Assurance Screening.

"Panelist" refers to any person who has satisfied the requirements for serving as a member of the assessment team for quality assurance screenings during live panel rating sessions.

"Qualified interpreter" refers to an interpreter who currently holds at least one of the following credentials:

Certification from any national organization whose certification process has been recognized by the Department for the Deaf and Hard of Hearing; or
A current screening level awarded by the Virginia Quality Assurance Screening Program of the Department for the Deaf and Hard of Hearing; or
A screening level or recognized evaluation from any other state when (i) the credentials meet the minimum requirements of Virginia Quality Assurance Screening and (ii) the credentials are valid and current in the state issued.

"Rater" refers to any person who has satisfied the requirements for serving as a member of the assessment team for rating videotapes of candidates who participate in the Virginia Quality Assurance Screening.

"Receptive" means to convey a visual message into a spoken equivalent.

"RID" (Registry of Interpreters for the Deaf, Inc.) means the national membership organization of the interpreting profession.

"Screening" means the Virginia Quality Assurance Screening.

"Screening level" means the level of competency awarded to an interpreter who has successfully satisfied the minimum standards established for VQAS.

"Service provider" refers to the person requesting interpreter services who may or may not also be the consumer.

"Transliterate" means to accurately convey messages without personal interjection between two or more parties using different forms of the same language, such as written or spoken English and a manually-coded form of English or cued speech.

"VQAS" means Virginia Quality Assurance Screening, which is designed to assess interpreting and transliterating skills of interpreters who facilitate communication between persons who are deaf or hard of hearing and persons who are hearing, and is administered by the Virginia Department for the Deaf and Hard of Hearing.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 1.1, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

Part II Administration of Interpreter Services

22VAC20-30-20 Responsibilities of the department

A. The department will:

Refer and assign only qualified interpreters to consumers and service providers; and
Compile a directory of qualified interpreters.

B. Upon request, the department may:

Distribute the directory;
Maintain a list of directory recipients and distribute updates;
Assist consumers and service providers in selecting an appropriate interpreter; or
Provide information about the different levels of qualifications and the various modes of communication.

C. The department may:

Assign interpreters when requested by a consumer or service provider; and
Compensate interpreters from available funds appropriated for that purpose; and
Refer qualified interpreters directly to the service provider or consumer.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 2.1, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-30 Directory of qualified interpreters

A. A qualified interpreter listed in the directory shall hold at least one of the following credentials:

Valid RID certification;
Current VQAS screening level;
Certification issued by the National Cued Speech Association; or
A screening level or recognized evaluation from another state when:

a. The credentials meet the minimum requirements of VQAS; and

b. The credentials are valid and current in the state issued.

NOTE: An interpreter listed in the directory with qualifications in subdivision 4 of this subsection, shall apply for and receive a VQAS screening level or national certification within one year from the date originally listed in the directory.

B. Before an interpreter shall be listed in the directory, the department will:

Verify the validity of all credentials;
Ensure that all credentials are current; and
Obtain a written request from the interpreter to be listed in the directory as a qualified interpreter.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 2.2, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-40 Appeal procedure

If an interpreter desires to contest the department's decision to exclude that interpreter's request to be listed as a qualified interpreter, that interpreter must file a written appeal with the director within 30 working days of the determination. The director, or designee, shall provide an informal conference with that interpreter within 30 working days from the date received. The final decision will be determined by the director who will provide written notification of that decision within 30 working days of the conference.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 2.3, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

Part III Virginia Quality Assurance Screenings (VQAS)

22VAC20-30-50 General

In order to maintain the referenced directory and ensure the maintenance of quality interpreter services, the department will administer Virginia Quality Assurance Screenings in accordance with the provisions specified in this part.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.0, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-60 Notification of intent to be screened

Candidates interested in being screened should contact:

| | VQAS Coordinator Virginia Department for the Deaf and Hard of Hearing Washington Building, 12th Floor 1100 Bank Street Richmond, Virginia 23219-3640 (804) 225-2570 V/TTP in Richmond (800) 552-7917 V/TTP Toll-free Statewide | | --- | --- |

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.1, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-70 Type of VQAS screening

Candidate will notify the administering agency of intent to participate in the VQAS and which assessment will be taken.

All requests to be screened will be acknowledged by the coordinator, or designee, in writing within 30 working days of receipt of the request.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.2, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-80 Fee for screening

The department may assess a fee for each part of the screening. The fee shall not exceed the actual cost of administration. Notification of current fees shall be provided with registration forms (22VAC20-30-100). Payment of fees shall be received prior to the candidate's participation in any portion of the assessment.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.3, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-90 Scheduling of screenings

The department may offer a screening whenever candidates are waiting to be screened but screenings may be cancelled when fewer than six candidates apply to be screened as scheduled.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.4, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-100 Notifying and scheduling of candidates

Candidates shall be notified in writing of the next scheduled screening at least 10 days prior to the scheduled date. Closed screenings may be offered upon request to groups who satisfy the requirements established by the department for offering a screening (22VAC20-30-90).

Candidates must complete and return the appropriate registration form requesting to be screened. The coordinator will be responsible for scheduling and confirming requests in the order received. Candidates whose requests are received after the screening schedule has been filled shall be retained as alternates or assigned to another assessment site/date.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.5, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-110 VQAS assessment process

Each candidate's performance will be assessed either by a screening panel present during the assessment or videotaped and rated by individual raters. Panelists/raters will assess only the segments for which they have been specifically trained.

A. Assessment team.

A screening panel or individual ratings shall consist of at least one panelist/rater who is hearing and one panelist/rater who is deaf or hard of hearing.
All panelists/raters shall be fluent in the language mode being assessed and shall have successfully completed rater training as administered by the agency.

B. Screening components.

Each screening is comprised of two major categories:

Part I - Code of Ethics: (General knowledge and application). Shall be administered prior to the other category orally (in front of a live panel, on videotape, or both) or in writing (in the presence of a monitor).

NOTE: A candidate may not participate in a performance assessment until 90% competency has been demonstrated on Part I, the Code of Ethics assessment.

Part II - Skills Assessment.

a. Sign Language Assessment. Interpreting (ASL) Performance: (Expressive and receptive abilities using ASL vocabulary, structure, and components) and Transliterating (English) Performance (Expressive and receptive abilities using a form of manually-coded English). The assessment may be administered in front of a live panel, on videotape, or both.

b. Cued Speech. Transliterating Performance: Expressive and receptive abilities using cued speech hand shapes and mouth movements. The assessment may be administered in front of a live panel, on videotape, or both.

C. Awarding of screening levels.

Each panelist/rater will independently assess a candidate's performance and assign a raw score for the required competencies within each category (Parts I and II). Raw scores will be totaled for each part, converted to percentages, and averaged with the other panelists'/raters' scores. Parts I and II will be scored independently of each other by the department. Depending on the results, a candidate may:

Not receive any level at that time;
Receive a level for Interpreting (ASL) only;
Receive a level for Transliterating Sign Language only;
Receive a level for both Interpreting (ASL) and Transliterating Sign Language; or
Receive a level for Transliterating Cued Speech only.

D. Criteria for screening levels.

A screening level of I, II, III, or IV will be awarded to candidates who satisfy the minimum competency requirements. (Refer to 22VAC20-30-110 B Screening Components.) These minimum requirements are:

90% Code of Ethics (Part I) and
Performance Scores (Part II Interpreting or Transliterating):

a. 95% - Level IV

b. 80% - Level III

c. 65% - Level II

d. 50% - Level I

E. The department will notify candidates in writing of the status of their screening results within 90 working days of the screening date.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.6, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-120 Validity period

A screening level, or the results of any part as described in 22VAC20-30-110 B, shall remain valid for three years from the date of the letter of notification.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.7, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-130 Appeal procedure

If a candidate desires to contest the results of any part of a screening, the candidate must file an appeal with the director within 30 calendar days of the date of the decision. The director, or designee, shall provide for an informal conference with the candidate within 30 working days. The only remedy which the director may award for the Code of Ethics (Part I) is the opportunity to retake the screening at the next scheduled date. The only remedy which the director may award for the performance component (Part II) is the opportunity to be reassessed by additional panelists/raters within 90 working days.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.8, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-140 Confidentiality

All VQAS materials shall be kept confidential by department personnel and other persons authorized by the department to view such materials. Candidate's scores shall also be confidential and shall not be released to persons other than the candidate without the candidate's written permission.

History

Statutory Authority: §§ 51.5-112 and 51.5-113 of the Code of Virginia.
Historical Notes: Derived from VR245-03-01 § 3.9, eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

Agency 30 Department For Aging And Rehabilitative Services

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

22VAC30-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department for Aging and Rehabilitative Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-131 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 28, Issue 24, eff. August 30, 2012.

22VAC30-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department for Aging and Rehabilitative Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-131 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 28, Issue 24, eff. August 30, 2012.

Part II Notification of Interested Persons

22VAC30-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 22VAC30-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part III Public Participation Procedures

22VAC30-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity (i) to submit data, views, and arguments, either orally or in writing, to the agency and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-131 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 33, Issue 5, eff. November 30, 2016.

22VAC30-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Chapter 30 Provision of Independent Living Rehabilitation Services

Part I Independent Living Services Program And Centers For Independent Living Program: General Provisions

22VAC30-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the federal Rehabilitation Act of 1973 (29 USC § 701 et seq.), as amended.

"Advocacy" means pleading an individual's cause or speaking or writing in support of an individual. To the extent permitted by state law or the rules of the agency before which an individual is appearing, a nonlawyer may engage in advocacy on behalf of another individual. Advocacy may:

Involve representing an individual:

a. Before private entities or organizations, government agencies (whether state, local, or federal), or in a court of law (whether state or federal); or

b. In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether state, local, or federal), or in legal proceedings in a court of law; and

Be on behalf of:

a. A single individual, in which case it is individual advocacy;

b. A group or class of individuals, in which case it is systems (or systemic) advocacy; or

c. Oneself, in which case it is self-advocacy.

"Attendant care" means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation.

"Center for independent living (CIL)" means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency that is designed and operated within a local community by individuals with disabilities and provides an array of IL services.

"Consumer control" means, with respect to a center or eligible agency, that the center or eligible agency vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services.

"Cross-disability" means, with respect to a center, that a center provides IL services to individuals representing a range of significant disabilities and does not require the presence of one or more specific significant disabilities before determining that an individual is eligible for IL services.

"Designated state agency" or "state agency" means the sole state agency designated to administer (or supervise local administration of) the state plan for the State Vocational Rehabilitation (VR) Services program.

"Designated state unit" or "DSU" means the state agency or the bureau, division, or other organizational unit within a state agency that is primarily concerned with the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and that is responsible for the administration of the State Vocational Rehabilitation (VR) Services program of the state agency; or the independent state commission, board, or other agency that has the vocational rehabilitation, or vocational or other rehabilitation, of individuals with disabilities as its primary function.

"Eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency.

"Individual with a disability" means an individual who (i) has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.

"Individual with a significant disability" means an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in family or community or to continue in employment.

"Legally authorized advocate or representative" means an individual who is authorized under state law to act or advocate on behalf of another individual.

"Minority group" means Alaskan Natives, American Indians, Asian Americans, Blacks (African Americans), Hispanic Americans, Native Hawaiians, and Pacific Islanders.

"Nonresidential" means, with respect to a center, that the center, as of October 1, 1994, does not operate or manage housing or shelter for individuals as an IL service on either a temporary or long-term basis unless the housing or shelter is:

Incidental to the overall operation of the center;
Necessary so that the individual may receive an IL service; and
Limited to a period not to exceed eight weeks during any six-month period.

"Peer relationships" mean relationships involving mutual support and assistance among individuals with significant disabilities who are actively pursuing IL goals.

"Peer role models" mean individuals with significant disabilities whose achievements can serve as a positive example for other individuals with significant disabilities.

"Personal assistance services" mean a range of IL services, provided by one or more persons, designed to assist an individual with a significant disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. These IL services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.

"Service provider" means:

A DSU that directly provides IL services to individuals with significant disabilities;
A center that receives financial assistance under Parts B or C of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act; or
Any other entity or individual that meets the requirements of subsection D of 22VAC30-30-20 and provides IL services under a grant or contract from the DSU in response to subsection A of 22VAC30-30-270.

"Significant disability" means a severe physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community or to obtain, maintain, or advance in employment.

"State plan" means the state IL plan required under § 704 of Title VII (29 USC § 796 et seq.) of the Act.

"Transportation" means travel and related expenses that are necessary to enable an individual with a significant disability to benefit from another IL service and travel and related expenses for an attendant or aide if the services of that attendant or aide are necessary to enable an individual with a significant disability to benefit from that IL service.

"Unserved and underserved groups or populations" include, but are not limited to, groups or populations of individuals with significant disabilities who:

Have cognitive and sensory impairments;
Are members of racial and ethnic minority groups;
Live in rural areas; or
Have been identified by the eligible agency as unserved or underserved within a center's project area.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 1, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-20 Eligibility for independent living (IL) services

A. An individual with a significant disability is eligible for IL services under the Independent Living Services program and Centers for Independent Living Program authorized under Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act. Regarding information and referral services, anyone may seek information about IL services under these programs and may request referral to other services and programs for individuals with significant disabilities, as appropriate.

B. The service provider shall apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services. The service provider shall not impose any state or local residence requirement that excludes under the state plan any individual who is present in Virginia and who is otherwise eligible for IL services from receiving IL services.

C. Before or at the same time as an applicant for IL services may begin receiving IL services funded under this part, the service provider shall determine the applicant's eligibility and shall maintain documentation that the applicant has met the basic eligibility requirements. The documentation must be dated and signed by an appropriate staff member of the service provider.

D. If the state contracts with or awards a grant to a center for the general operation of the center, the state shall delegate to the center the determination of an individual's eligibility for services from that center. If the state contracts with or awards a grant to a third party to provide specific IL services, the state may choose to delegate to the IL service provider the determination of eligibility for these services and the development of an IL plan for individuals who receive these services.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 2, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-30 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 3, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-31 Consumer service record

A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. The service provider shall maintain a consumer service record for each applicant for, and each individual receiving, IL services other than information and referral services. A consumer service record may be maintained either electronically or in written form, except that the IL plan and waiver must be in writing. The consumer service record shall include:

Documentation concerning eligibility or ineligibility for services;
The services requested by the consumer;
Either the IL plan developed with the consumer or a waiver signed by the consumer stating that an IL plan is unnecessary;
The services actually provided to the consumer;
The IL goals or objectives established with the consumer, whether or not in the consumer's IL plan, and the goals or objectives achieved by the consumer; and
The individual's participation in the cost of any IL services, including the individual's financial need.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-40 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 4, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-50 Ineligibility

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. If a determination is made that an applicant for IL services is not an individual with a significant disability, the service provider shall provide documentation of the ineligibility determination that is dated and signed by an appropriate staff member.

The service provider may determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.
The service provider shall notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.
The service provider shall provide a detailed explanation of the availability and purposes of the Client Assistance Program established within Virginia under § 112 of the Act, including information on how to contact the program.
If appropriate, the service provider shall refer the applicant to other agencies and facilities, including the state's vocational rehabilitation program under Title I (29 USC § 701 et seq.) of the Act.

B. If an applicant for IL services has been found ineligible, the service provider shall review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the service provider determines that the applicant's status has materially changed. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Virginia, or the applicant's whereabouts are unknown.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 5, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-60 Order of selection for services

In the event independent living (IL) services cannot be provided due to limited resources to all eligible persons who apply, the department may implement an order of selection. Under order of selection, applicants determined eligible will be assigned to a priority category and served in the following order:

PRIORITY 1. Persons presently receiving services under an IL plan.

PRIORITY II. Persons whose impairments are so significant that they do not presently have the potential for employment, but whose ability to live and function independently within their family setting or community may be improved by the services.

PRIORITY III. Persons who need independent living services to engage in or maintain employment.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 6, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-70 Independent living plan (IL plan)

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. Unless the individual who is to be provided IL services under this part knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary, an IL plan shall be developed and periodically reviewed. The service provider shall provide each IL service in accordance with the IL plan.

Development of an individual's IL plan must be initiated after documentation of eligibility. The IL plan must indicate the goals or objectives established, the services to be provided, and the anticipated duration of the service program and each component service.
The IL plan must be developed jointly and signed by an appropriate staff member of the service provider and the individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.
A copy of the IL plan and any amendments must be provided in an accessible format to the individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

B. The IL plan must be reviewed as often as necessary, but at least on an annual basis, to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under 34 CFR Part 361 or to any other program of assistance. Each individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative, must be given an opportunity to review the IL plan and, if necessary, jointly redevelop and agree by signature to its terms.

C. If the service provider intends to terminate services to an individual receiving IL services under an IL plan, the service provider shall:

Notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.
Provide a detailed explanation of the availability and purposes of the Client Assistance Program established within Virginia under § 112 of the Act, including information on how to contact the program.
Review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the service provider determines that the applicant's status has materially changed. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Virginia, or the applicant "s whereabouts are unknown.
If appropriate, refer the individual to other agencies and facilities, including the state's vocational rehabilitation program under Title I (29 USC § 701 et seq.) of the Act.

D. The development of the IL plan and the provision of IL services must be coordinated to the maximum extent possible with any written rehabilitation program for vocational rehabilitation services for that individual, written habilitation program for the individual prepared under the federal Developmental Disabilities Assistance and Bill of Rights Act (42 USC § 6000 et seq.), and education program for the individual prepared under Part B of the federal Individuals with Disabilities Education Act. (20 USC § 1461 et seq.)

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 7, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-80 Scope of independent living (IL) services for individuals

A. In providing independent living (IL) services as required under § 704(e) of the Act and 34 CFR 364.43(b), a state may use Independent Living Services Program funds to provide directly, or through grants or contracts, the following IL core services:

Information and referral services. These services may be provided independently of the other IL core services and without regard to evaluation standards in 22VAC30-30-181.
IL skills training;
Peer counseling, including cross-disability peer counseling; and
Individual and systems advocacy.

B. In addition to the independent living (IL) core services, the state may also use Independent Living Services Program funds to provide other IL services. "Other IL services" means:

Counseling services, including psychological counseling, psychotherapeutic counseling, and related services;
Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the Act, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;
Rehabilitation technology;
Mobility training;
Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;
Personal assistance services, including attendant care and the training of personnel providing these services;
Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;
Consumer information programs on rehabilitation and IL services available under the Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved by programs under the Act;
Education and training necessary for living in a community and participating in community activities;
Supported living;
Transportation, including referral and assistance for transportation;
Physical rehabilitation;
Therapeutic treatment;
Provision of needed prostheses and other appliances and devices;
Individual and group social and recreational services;
Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options;
Services for children;
Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;
Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Act for similar services in the future;
Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; and
Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Act.

C. The service provider may not impose any uniform durational limitations on the provision of IL services, except as otherwise provided by federal law or regulation.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 8, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-90 Participation by individuals in the cost of services

A. The service provider shall apply consideration of consumer financial participation uniformly so that all individuals who are eligible for IL services are treated equally. The service provider shall maintain written policies covering the specific types of IL services for which a financial needs test will be applied. The service provider shall document in the consumer service record the individual's participation in the cost of any IL services, including the individual's financial need.

B. Consumer financial participation shall apply only to the following services:

Rehabilitation technology goods and services but not the needs assessment;
Prostheses and other appliances and devices;
Accommodations to or modifications of vehicle or home or any space used to serve or be occupied by individuals with significant disabilities; and
Other tangible goods.

C. The consumer is exempt from financially participating in the cost of IL services in any year the consumer's income includes:

General Relief.
Temporary Assistance for Needy Families (TANF).
Supplemental Security Income (SSI).
Social Security Disability Income (SSDI).
Workers' compensation benefits.
Veterans' disability benefits.

D. The consumer's annual financial participation amount is determined by the financial needs test. The financial needs test is the annual taxable income less income taxes paid, FICA withholdings, dependent allowance, cost of living allowance, tax-deferred retirement account contributions, health insurance premiums, alimony paid, and disability-related expenses.

For consumers under age 18, income of the parents/legal guardian is to be considered only if the consumer was claimed as a dependent on the parent/legal guardian's most recent federal income tax return. For other consumers, only the income of the consumer, and not other family members, shall be considered.
A dependent allowance is allowed for each person (including the consumer) claimed on the tax return. The department must update the dependent allowance annually and notify the service providers. The allowance is the amount for each additional family member in the Table of Poverty Guidelines for the 48 Contiguous States and the District of Columbia, which is published annually by the U.S. Department of Health and Human Services.
The department will determine the cost of living allowance and notify the service providers.
Retirement contributions, insurance premiums, and disability-related expenses paid or reimbursed by the employer or another resource may not be deducted from income.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 9, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-100 Consideration of similar benefits

Consideration shall be given in all cases to any similar benefits available to an individual with a disability, or to family members of an individual with a disability, under any program to meet, in whole or in part, the cost of any independent living (IL) services, except IL core services.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 10, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-110 Consumer appeal procedures

A. Each service provider shall establish policies and procedures that an individual may use to obtain review of decisions made by the service provider concerning the individual's request for IL services or the provision of IL services to the individual. The service provider shall use formats that are accessible to inform each individual who seeks or is receiving IL services from the service provider about the procedures required by this section.

B. All service providers shall use formats that are accessible to notify individuals seeking or receiving IL services under Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act about the availability of the Client Assistance Program (CAP) authorized by § 112 of the Act, the purposes of the services provided under the CAP, and how to contact the CAP.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 11, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-120 Protection, use and release of personal information

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. The service provider shall adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures must ensure that:

Specific safeguards protect current and stored personal information;
All applicants for, or recipients of, IL services and, as appropriate, those individuals' legally authorized representatives, service providers, cooperating agencies, and interested persons are informed of the confidentiality of personal information and the conditions for gaining access to and releasing this information;
All applicants or their legally authorized representatives are informed about the service provider's need to collect personal information and the policies governing its use, including:

a. Identification of the authority under which information is collected;

b. Explanation of the principal purposes for which the service provider intends to use or release the information;

c. Explanation of whether providing requested information to the service provider is mandatory or voluntary and the effects to the individual of not providing requested information;

d. Identification of those situations in which the service provider requires or does not require informed written consent of the individual or his legally authorized representative before information may be released; and

e. Identification of other agencies to which information is routinely released;

Persons who are unable to communicate in English or who rely on alternative modes of communication must be provided an explanation of service provider policies and procedures affecting personal information through methods that can be adequately understood by them;
At least the same protections are provided to individuals with significant disabilities as provided by the state laws and regulations; and
Access to records is governed by rules established by the service provider and any fees charged for copies of records are reasonable and cover only extraordinary costs of duplication or making extensive searches.

B. All personal information in the possession of the service provider may be used only for the purposes directly connected with the provision of IL services and the administration of the IL program under which IL services are provided.

Information containing identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for the provision of IL services or the administration of the IL program under which IL services are provided.
In the provision of IL services or the administration of the IL program under which IL services are provided, the service provider may obtain personal information from other service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided under subsections C, D, and E of this section.

C. Except as provided in subdivisions 1 and 2 of this subsection, if requested in writing by a recipient of IL services, the service provider shall release all information in that individual's record of services to the individual or the individual's legally authorized representative in a timely manner.

Medical, psychological, or other information that the service provider determines may be harmful to the individual may not be released directly to the individual, but must be provided through a qualified medical or psychological professional or the individual's legally authorized representative.
If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.

D. Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research activities only for purposes directly connected with the administration of an IL program, or for purposes that would significantly improve the quality of life for individuals with significant disabilities and only if the organization, agency, or individual ensures that:

The information will be used only for the purposes for which it is being provided;
The information will be released only to persons officially connected with the audit, evaluation, or research;
The information will not be released to the involved individual;
The information will be managed in a manner to safeguard confidentiality; and
The final product will not reveal any personally identifying information without the informed written consent of the involved individual or the individual's legally authorized representative.

Human research to be conducted or authorized by a center for independent living may be subject to approval and continuing review from a review board established under state-mandated regulations to protect human research participants.

E. Upon receiving the informed written consent of the individual or, if appropriate, the individual's legally authorized representative, the service provider may release personal information to another agency or organization for the latter's program purposes only to the extent that the information may be released to the involved individual and only to the extent that the other agency or organization demonstrates that the information requested is necessary for the proper administration of its program.

Medical or psychological information may be released if the other agency or organization assures the service provider that the information will be used only for the purpose for which it is being provided and will not be further released to the individual.
The service provider shall release personal information if required by federal laws or regulations.
The service provider shall release personal information in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to judicial order.
The service provider also may release personal information to protect the individual or others if the individual poses a threat to his safety or to the safety of others.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 12, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-130 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 13, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

Part II Centers For Independent Living (CIL) Program

22VAC30-30-131 Agencies eligible for CIL program

A. Regarding both federally and state-funded centers for independent living (CILs), the state plan must include a design for the establishment of a statewide network of centers that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The design must identify unserved and underserved areas and must provide an order of priority for serving these areas.

B. This subsection is applicable to federally funded CILs. In any state in which the Secretary of the U.S. Department of Education has approved the state plan required by § 704 of the Act, an applicant may receive a grant under subsection C or D of this section, as applicable, if:

The applicant demonstrates in its application that it has the power and authority to:

a. Carry out the purpose of Part C of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act and perform the functions listed in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 within a community located within the state or in a bordering state, including Washington, D.C.;

b. Receive and administer funds under 34 CFR Part 366 Centers for Independent Living Program funds and contributions from private or public sources that may be used in support of a center, and funds from other public and private programs; and

c. Plan, conduct, administer, and evaluate a center consistent with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

To apply for a grant as a new center, an eligible agency shall meet the requirements of this subdivision, except that the award of a grant to a new center is subject to the order of priorities in subsection B of 22VAC30-30-141. An applicant that meets the requirements of 34 CFR 366.2(a) is eligible to apply as a new center under subsection C or D of this section, as applicable, if it:

a. Is not receiving funds under Part C of Chapter 1 of Title VII of the Act; or

b. Proposes the expansion of an existing center through the establishment of a separate and complete center (except that the governing board of the existing center may serve as the governing board of the new center) at a different geographical location; and

c. Submits an application at the time, in the manner, and containing the information that is required; an assurance that the eligible agency meets the requirements of this section; the assurances required by § 725(c) of the Act and 22VAC30-30-171.

Subject to the order of priorities established in 34 CFR 366.22 and 22VAC30-30-141, a grant for a new center may be awarded to the most qualified eligible agency that applies for funds if:

a. No center serves a geographic area of the state (or a geographic area of the state is underserved by centers serving other areas of the state);

b. The eligible agency proposes to serve the geographic area that is unserved or underserved in the state;

c. The increase in the allotment of the state under § 721 of the Act for a fiscal year, as compared with the immediately preceding fiscal year, is sufficient to support an additional center in the state; and

d. The establishment of a new center is consistent with the design included in the state plan for establishing a statewide network of centers. An applicant may satisfy this requirement by submitting appropriate documentation demonstrating that the establishment of a new center is consistent with the design in the state plan.

Except for the requirement that the center be a private nonprofit agency, a center that is operated by a state that receives assistance under this section shall comply with all of the requirements of Part C of Title VII of the Act and the requirements in subsection C or D, as applicable, of this section and 22VAC30-30-171. A state that received assistance in fiscal year 1993 to directly operate a center in accordance with § 724(a) of the Act is eligible to continue to receive assistance under this section to directly operate that center for fiscal year 1994 or a succeeding fiscal year if, for the fiscal year for which assistance is sought:

a. No nonprofit private agency submits and obtains approval of an acceptable application under § 722 or 723 of the Act or 34 CFR 366.21 or 366.24 to operate a center for that fiscal year before a date specified by the Secretary of the U.S. Department of Education; or

b. After funding all applications so submitted and approved, the secretary determines that funds remain available to provide that assistance.

In accordance with the order of priorities established in 22VAC30-30-141, an existing eligible agency may receive a grant under subsection C or D, as applicable, if the eligible agency demonstrates in its application that it:

a. Meets the requirements in subdivision 2 c of this subsection;

b. Is receiving funds under Part C of Title VII of the Act; and

c. Is in compliance with the program and fiscal standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. (The indicators of minimum compliance in 22VAC30-30-181 are used to determine compliance with the evaluation standards in § 725(b) of the Act.)

C. This subsection is applicable to federally funded CILs. The Secretary of the U.S. Department of Education awards grants to centers in a state in a fiscal year if (i) the amount of federal funds allotted to the state under § 721(c) and (d) of the Act to support the general operation of centers is greater than the amount of state funds earmarked for the same purpose, as determined in response to subdivisions D 1 and 3 of this section, or (ii) the director of a DSU does not submit to the secretary and obtain approval of an application to award grants under § 723 of the Act and subdivision D 4 of this section.

In selecting from among applicants for a grant for a new center, the Secretary of the U.S. Department of Education considers comments regarding the application, if any, by the Statewide Independent Living Council in the state in which the applicant is located.
The Secretary of the U.S. Department of Education may use funds from the allotment of one state to award a grant to a center located in a bordering state if the secretary determines that the proposal of the out-of-state center to serve individuals with significant disabilities who reside in the bordering state is consistent with the state plan of the state in which these individuals reside. An applicant shall submit documentation demonstrating that the arrangements described in the preceding sentence are consistent with the state plan of the state in which the individuals reside.

D. This subsection is applicable to federally funded CILs. The director of the DSU may award grants under § 723 of the Act and this subsection to centers located within the state or in a bordering state in a fiscal year if (i) the director submits to the Secretary of the U.S. Department of Education and obtains approval of an application to award grants for that fiscal year under § 723 of the Act and subdivision 1 of this subsection; and (ii) the secretary determines that the amount of state funds that were earmarked by the state to support the general operation of centers meeting the requirements of Part C of Chapter 1 (29 USC § 796 et. seq.) of Title VII of the Act in the second fiscal year preceding the fiscal year for which the application is submitted equaled or exceeded the amount of funds allotted to the state under § 721(c) and (d) of the Act for that preceding year. For purposes of this subsection, "director" means the director of the general DSU if the state has both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind. These DSUs shall periodically consult with each other with respect to the provision of services for individuals who are blind.

To be eligible to award grants under this subsection and to carry out § 723 of the Act for a fiscal year, the director of the DSU must submit to the Secretary of the U.S. Department of Education for approval an application at the time and in the manner that the secretary may require and that includes, at a minimum (i) information demonstrating that the amount of funds earmarked by the state for the general operation of centers meets the requirements, and (ii) a summary of the annual performance reports submitted to the director from centers in accordance with 22VAC30-30-171.

a. If the amount of funds earmarked meets the requirements, the secretary approves the application and designates the director to award the grants and carry out § 723 of the Act.

b. If a state submits an application to administer the Centers for Independent Living Program under § 723 of the Act and this subsection for a fiscal year, but did not earmark the amount of state funds required by this subsection in the preceding fiscal year, the state shall be ineligible to make grants under § 723 of the Act and this subsection after the end of the fiscal year succeeding the preceding fiscal year and for each succeeding fiscal year.

c. For purposes of this subsection, "earmarked" means funds appropriated by the state and expressly or clearly identified as state expenditures in the relevant fiscal year for the sole purpose of funding the general operation of centers. The amount of state funds that were earmarked by a state to support the general operation of centers does not include: (i) federal funds used for the general operation of centers; (ii) state funds used to purchase specific services from a center, including state funds used for grants or contracts to procure or purchase personal assistance services or particular types of skills training; (iii) state personal attendant care funds; or (iv) Social Security Administration reimbursement funds.

If the secretary designates the director to award grants and carry out § 723 of the Act, the director makes grants to eligible agencies in a state for a fiscal year from the amount of funds allotted to the state under § 721(c) and (d) of the Act.

a. The director may enter into assistance contracts with centers to carry out § 723 of the Act. For purposes of this subsection, an assistance contract is an instrument whose principal purpose is to transfer funds allocated to the state under § 721(c) and (d) of the Act and this subsection, to an eligible agency to carry out § 723 of the Act. Under an assistance contract, the DSU shall assume a role consistent with that of the Secretary of the U.S. Department of Education under § 722 of the Act. If the DSU uses an assistance contract to award funds under § 723 of the Act, the DSU may not add any requirements, terms, or conditions to the assistance contract other than those that would be permitted if the assistance contract were a grant rather than an assistance contract. Under an assistance contract, the role of the DSU is to ensure that the terms of the assistance contract, which are established by Chapter 1 of Title VII of the Act and the implementing regulations in 34 CFR Parts 364 and 366, are satisfied. In the enforcement of any breach of the terms and conditions of an assistance contract, the DSU shall follow the procedures established in 22VAC30-30-211 and 22VAC30-30-220.

b. The director may not enter into procurement contracts with centers to carry out § 723 of the Act. For purposes of this subsection, a procurement contract is an instrument whose principal purpose is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the DSU. Under a procurement contract, the DSU prescribes the specific services it intends to procure and the terms and conditions of the procurement.

In selecting from among applicants for a grant for a new center, the director and the chairperson of the Statewide Independent Living Council, or other individual designated by the council to act on behalf of and at the direction of the council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The director shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with federal and state law. The peer review committee shall consider the ability of each applicant to operate a center and shall recommend an applicant to receive a grant, based on either the selection criteria in 34 CFR 366.27 or the following:

a. Evidence of the need for a center, consistent with the state plan.

b. Any past performance of the applicant in providing services comparable to IL services.

c. The plan for complying with, or demonstrated success in complying with, the standards and the assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

d. The quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant.

e. The budget and cost-effectiveness of the applicant.

f. The evaluation plan of the applicant.

g. The ability of the applicant to carry out the plan for complying with the standards and assurances and the evaluation plan.

In a state in which state funding for centers equals or exceeds the amount of funds allotted to the state under Part C of Title VII of the Act, as determined in response to subdivision 1 of this subsection, and in which the state elects to administer the Centers for Independent Living Program as provided in § 723 of the Act, the state plan must include policies, practices, and procedures, including the order of priorities that the state may establish, that are consistent with § 723 of the Act to govern the awarding of grants to centers and the oversight of these centers.

E. This subsection is applicable to federally funded CILs. Entities that have experience in the operation of centers are eligible to apply for grants to provide training and technical assistance under section 721(b) of the Act to eligible agencies, centers, and Statewide Independent Living Councils (councils).

From funds, if any, reserved under § 721(b)(1) of the Act, to carry out the purposes of under 34 CFR Part 366, Subpart B, Training and Technical Assistance, the Secretary of the U.S. Department of Education makes grants to, and enters into contracts, cooperative agreements, and other arrangements with, entities that have experience in the operation of centers. An entity receiving assistance in accordance with this subdivision shall provide training and technical assistance to eligible agencies, centers, and councils to plan, develop, conduct, administer, and evaluate centers.
To be eligible to receive a grant or enter into a contract or other arrangement under § 721(b) of the Act and subdivision 1 of this subsection, an applicant shall submit an application to the Secretary of the U.S. Department of Education containing a proposal to provide training and technical assistance to eligible agencies, centers, and councils and any additional information at the time and in the manner that the secretary may require. The secretary provides for peer review of grant applications by panels that include persons who are not federal government employees and who have experience in the operation of centers.
In making awards, the secretary determines funding priorities in accordance with the training and technical assistance needs identified by the survey of councils and centers required by § 721(b)(3) of the Act.

F. This subsection is applicable to both federally and state-funded CILs. Any currently existing center in Virginia that meets the definition in 22VAC30-30-10 is eligible to apply for a grant from the department to operate the center.

The applicant demonstrates in its application that it has the power and authority to:

a. Carry out the purpose of Part C of Title VII of the Act and perform the functions listed in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 within a community located within Virginia;

b. Receive and administer funds and contributions from private or public sources that may be used in support of a center and funds from other public and private programs; and

c. Plan, conduct, administer, and evaluate a center consistent with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

In accordance with the order of priorities established in 22VAC30-30-141, an existing eligible agency may receive a grant if the eligible agency demonstrates in its application that it:

a. Is receiving state general funds; and

b. Is in compliance with the program and fiscal standards and assurances in 22VAC30-30-171 and 22VAC30-30-181.

The director of the DSU awards the grants based on the demonstrated:

a. Compliance with the standards and assurances as defined by the Act and 22VAC30-30-171 and 22VAC30-30-181;

b. Cooperation with the department and Statewide Independent Living Council (council) in collection and exchange of information, including evaluation of its program, determination of the level of consumer satisfaction with its program; disclosure of necessary records, reports, policies, and other documents for the purpose of evaluation; and the use of established data collection methods;

c. Ability to address local personal assistance services issues, including cooperation with DRS in the administration of the Personal Assistance Services (PAS) program;

d. Cooperation with the council and department in the administration of the Title VII, Part B program in accordance with the current State Plan for Independent Living, the DRS CIL Title VII, Part B Procedures Manual, department and state policies, and any other state and federal regulations.

G. This subsection is applicable to both federally and state-funded CILs. To apply for a grant from the department as a new center, an eligible agency shall meet the requirements of subsection F of this section, except that the award of a grant to a new center is subject to the order of priorities in the state plan and is subject to the availability of funds.

In selecting from among applicants for a grant for a new center, the department considers comments regarding the application, if any, by the Statewide Independent Living Council (council).
In selecting from among applicants for a grant for a new center, the director and the chairperson of the council, or other individual designated by the council to act on behalf of and at the direction of the council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. The director shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with federal and state law. The peer review committee shall consider the ability of each applicant to operate a center and shall recommend an applicant to receive a grant, based on the following:

a. Evidence of the need for a center, consistent with the state plan;

b. Any past performance of the applicant in providing services comparable to IL services;

c. The plan for complying with, or demonstrated success in complying with, the standards and the assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181;

d. The quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant;

e. The budget and cost-effectiveness of the applicant;

f. The evaluation plan of the applicant; and

g. The ability of the applicant to carry out the plan for complying with the standards and assurances and the evaluation plan.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-140 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 14, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-141 Order of priorities for centers for independent living

A. This subsection is applicable to federally funded CILs. For grants under subsection C of 22VAC30-30-131, in accordance with a state's allotment and to the extent funds are available, the order of priorities for allocating funds among centers within a state is as follows:

Existing centers as described in 34 CFR 366.23 that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 first receive the level of funding each center received in the previous year. However, any funds received by an existing center to establish a new center at a different geographical location in response to subdivision B 2 b of 22VAC30-30-131 are not included in determining the level of funding to the existing center in any fiscal year that the new center applies for and receives funds as a separate center.
Existing centers that meet the requirements of subdivision 1 of this subsection then receive a cost-of-living increase in accordance with procedures consistent with § 721(c)(3) of the Act.
New centers that comply with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181 are considered next. If, after meeting the priorities in subdivisions 1 and 2 of this subsection, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center, the Secretary of the U.S. Department of Education may (i) use the excess funds in the state to assist existing centers consistent with the state plan or (ii) reallot these funds in accordance with § 721(d) of the Act.

B. This subsection is applicable to federally funded CILs. For grants under subsection D of 22VAC30-30-131, unless the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other person designated by the council to act on behalf of and at the direction of the council, jointly agree on another order of priorities, the director shall follow the order of priorities in subsection A of this section for allocating funds among centers within a state, to the extent funds are available. If the order of priorities in subsection A is followed and, after meeting the priorities in subdivision A 1 of this section, there are insufficient funds under the state's allotment under § 721(c) and (d) of the Act to fund a new center under subdivision A 3 of this section, the director may (i) use the excess funds in the state to assist existing centers consistent with the state plan, or (ii) return these funds to the Secretary of the U.S. Department of Education for reallotment in accordance with § 721(d) of the Act.

C. This subsection is applicable to state-funded CILs. With guidance from the Statewide Independent Living Council and other entities as appropriate, the department will fund CILs based on documented need.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-150 Governing board of centers for independent living

Each center shall be governed by a board established for the sole purpose of operating a center for independent living. The board shall consist of no fewer than seven persons and shall contain a majority number of individuals with significant disabilities who shall provide a cross-disability representation. The center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principle governing body of the center and a majority of which must be composed of individuals with significant disabilities. This governing board shall be established prior to the submission of a grant proposal to fund such a CIL. Only the board established for the purpose of operating a CIL is eligible to receive grants and contracts from the department.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 15, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-160 Staff

A. The majority of the center for independent living (CIL) staff and individuals with decision-making positions shall be individuals with disabilities.

B. The staff of the service provider shall include personnel who are specialists in the development and provision of IL services and in the development and support of centers.

C. CILs shall meet all relevant licensure, certification, bonding, and insurance requirements of the Department for Aging and Rehabilitative Services.

D. To the maximum extent feasible, the service provider must make available personnel able to communicate (i) with individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes, and who apply for or receive IL services under Title VII of the Act, and (ii) in the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under Title VII of the Act.

E. Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations.

F. The service provider shall establish and maintain a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development program must emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.

History

Statutory Authority: § 51.5-131 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 16, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004; Volume 28, Issue 24, eff. August 30, 2012.

22VAC30-30-170 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 17, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-171 CIL assurances

To be eligible for assistance under the Centers for Independent Living Program, an eligible agency shall provide satisfactory assurances that:

The applicant is an eligible agency;
The center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principal governing body of the center and a majority of which will be composed of individuals with significant disabilities;
The applicant will comply with the standards in 22VAC30-30-181;
The applicant will establish clear priorities through:

a. Annual and three-year program and financial planning objectives for the center, including overall goals or a mission for the center;

b. A work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided;

A description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year State Plan under § 704 of the Act;

The applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under § 503 of the Act;
The applicant will ensure that the majority of the staff and individuals in decision-making positions of the applicant are individuals with disabilities;
The applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit;
The applicant will conduct an annual self-evaluation, prepare an annual performance report, and maintain records adequate to measure performance with respect to the standards in 22VAC30-30-181.
The annual performance report and the records of the center's performance will each contain information regarding, at a minimum:

a. The extent to which the center is in compliance with the standards in § 725(b) of the Act and 22VAC30-30-181;

b. The number and types of individuals with significant disabilities receiving services through the center;

c. The types of services provided through the center and the number of individuals with significant disabilities receiving each type of services;

d. The sources and amounts of funding for the operation of the center;

e. The number of individuals with significant disabilities who are employed by, and the number who are in management and decision-making positions in, the center;

f. The number of individuals from minority populations who are employed by, and the number who are in management and decision-making positions in, the center; and

g. A comparison, if appropriate, of the activities of the center in prior years with the activities of the center in most recent years;

Individuals with significant disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact the client assistance program;
Aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act, especially minority groups and urban and rural populations;
Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations;
The center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual performance report;
The center will prepare and submit to the DSU if the center received a grant from the DSU director, or to the secretary if the center received a grant from the Secretary of the U.S. Department of Education, within 90 days of the end of each fiscal year, the annual performance report; and
An IL plan as described in § 704(e) of the Act will be developed for each individual who will receive services under 34 CFR Part 366 and the Centers for Independent Living Program unless the individual signs a waiver stating that an IL plan is unnecessary.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-180 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 18, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-181 Evaluation standards

To be eligible to receive funds under the Centers for Independent Living Program an applicant must agree to comply with the following evaluation standards:

Evaluation standard 1, Philosophy. The center shall promote and practice the IL philosophy of:

a. Consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy and direction of the center;

b. Self-help and self-advocacy;

c. Development of peer relationships and peer role models;

d. Equal access of individuals with significant disabilities to all of the center's services, programs, activities, resources, and facilities, whether publicly or privately funded, without regard to the type of significant disability of the individual; and

e. Promoting equal access of individuals with significant disabilities to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, on the same basis that access is provided to other individuals with disabilities and to individuals without disabilities.

Evaluation standard 2, Provision of services. The center shall provide IL services to individuals with a range of significant disabilities. The center shall provide IL services on a cross-disability basis (i.e., for individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of populations that are unserved or underserved by programs under Title VII of the Act). The center shall determine eligibility for IL services. The center may not base eligibility on the presence of any one specific significant disability.
Evaluation standard 3, Independent living goals. The center shall facilitate the development and achievement of IL goals selected by individuals with significant disabilities who seek assistance in the development and achievement of IL goals from the center.
Evaluation standard 4, Community options. The center shall conduct activities to increase the availability and improve the quality of community options for IL to facilitate the development and achievement of IL goals by individuals with significant disabilities.
Evaluation standard 5, Independent living core services. The center shall provide IL core services and, as appropriate, a combination of any other IL services specified in § 7(30)(B) of the Act and 22VAC30-30-80.
Evaluation standard 6, Activities to increase community capacity. The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities.
Evaluation standard 7, Resource development activities. The center shall conduct resource development activities to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-190 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 19, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-191 Compliance indicators

A. The compliance indicators establish the activities that a center for independent living shall carry out to demonstrate minimum compliance with the evaluation standards in 22VAC30-30-181. If a center fails to satisfy any one of the indicators, the center is out of compliance with the evaluation standards.

B. To be eligible to receive a continuation award for the third or any subsequent year of a grant, a center shall have complied fully during the previous project year with all of the terms and conditions of its grant; provide adequate evidence in its most recent annual performance report that the center is in minimum compliance with the evaluation standards in 22VAC30-30-181, and meets the requirements in 34 CFR Part 366. If a recipient receives funding for more than one center, each individual center shall meet these requirements.

C. Evidence a center must present to demonstrate that it is in minimum compliance with the evaluation standards is:

Compliance indicator 1, Philosophy. The center shall provide evidence in its most recent annual performance report that:

a. Individuals with significant disabilities constitute more than 50% of the center's governing board;

b. Individuals with disabilities constitute more than 50% of the center's employees in decision-making positions and employees in staff positions. A center may exclude personal assistants, readers, drivers, and interpreters employed by the center from this requirement. The determination that over 50% of a center's employees in decision-making and staff positions are individuals with disabilities must be based on the total number of hours (excluding any overtime) for which employees are actually paid during the last six-month period covered by the center's most recent annual performance report. However, a center must include in this determination its employees who are on unpaid family or maternity leave during this six-month period;

c. The center promotes self-help and self-advocacy among individuals with significant disabilities (e.g., by conducting activities to train individuals with significant disabilities in self-advocacy);

d. The center promotes the development of peer relationships and peer role models among individuals with significant disabilities (e.g., by using individuals with significant disabilities who have achieved IL goals (whether the goals were achieved independently or through assistance and services provided by a center) as instructors (volunteer or paid) in its training programs or as peer counselors);

e. The center ensures equal access of individuals with significant disabilities, including communication and physical access, to the center's services, programs, activities, resources, and facilities, whether publicly or privately funded. Equal access, for purposes of this subdivision, means that the same access is provided to any individual with a significant disability regardless of the individual's type of significant disability;

f. The center advocates for and conducts activities that promote the equal access to all services, programs, activities, resources, and facilities in society, whether public or private, and regardless of funding source, for individuals with significant disabilities; and

g. The center makes available in alternative formats, as appropriate, all of its written policies and materials and IL services.

Compliance indicator 2, Provision of services on a cross-disability basis. The center shall provide evidence in its most recent annual performance report that:

a. Provides IL services to eligible individuals or groups of individuals without restrictions based on the particular type or types of significant disability of an individual or group of individuals, unless the restricted IL services (other than the IL core services) are unique to the significant disability of the individuals to be served;

b. Provides IL services to individuals with a diversity of significant disabilities and individuals who are members of populations that are unserved or underserved by programs under Title VII of the Act; and

c. Provides IL core services to individuals with significant disabilities in a manner that is neither targeted nor limited to a particular type of significant disability.

Compliance indicator 3, Independent living goals. The center shall provide evidence in its most recent annual performance report that it:

a. Maintains a consumer service record that meets the requirements of 22VAC30-30-31 for each consumer;

b. Facilitates the development and achievement of IL goals selected by individuals with significant disabilities who request assistance from the center;

c. Provides opportunities for consumers to express satisfaction with the center's services and policies in facilitating their achievement of IL goals and provides any results to its governing board and the appropriate Statewide Independent Living Council;

d. Notifies all consumers of their right to develop or waive the development of an IL plan; and

e. Maintains records on the IL goals that consumers receiving services at the center believe they have achieved, the number of IL plans developed by consumers receiving services at the center, and the number of waivers signed by consumers receiving services at the center stating that an IL plan is unnecessary.

Compliance indicator 4, Community options and community capacity. The center shall provide evidence in its most recent annual performance report that, during the project year covered by the center's most recent annual performance report, the center promoted the increased availability and improved quality of community-based programs that serve individuals with significant disabilities and promoted the removal of any existing architectural, attitudinal, communication, environmental, or other type of barrier that prevents the full integration of these individuals into society. This evidence must demonstrate that the center performed at least one activity in each of the following categories:

a. Community advocacy;

b. Technical assistance to the community on making services programs, activities, resources, and facilities in society accessible to individuals with significant disabilities;

c. Public information and education;

d. Aggressive outreach to members of populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act in the center's service area; and

e. Collaboration with service providers, other agencies, and organizations that could assist in improving the options available for individuals with significant disabilities to avail themselves of the services, programs, activities, resources, and facilities in the center's service area.

Compliance indicator 5, IL core services and other IL services. The center shall provide evidence in its most recent annual performance report that it provides:

a. Information and referral services to all individuals who request this type of assistance or services from the center in formats accessible to the individual requesting these services; and

b. As appropriate in response to requests from individuals with significant disabilities who are eligible for IL services from the center, the following services:

(1) IL skills training;

(2) Peer counseling (including cross-disability peer counseling);

(3) Individual and systems advocacy; and

(4) A combination, as appropriate, of any two or more of the IL services defined in § 7(30)(B) of the Act and 22VAC30-30-80.

Compliance indicator 6, Resource development activities. The center shall provide evidence in its most recent annual performance report that it has conducted resource development activities within the period covered by the performance report to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Titles VII of the Act.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-200 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 20, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-201 Funded activities under CIL program

A. This subsection is applicable to federally funded CILs. An eligible agency may use funds awarded under Subpart B of 34 CFR Part 366 and subsection E of 22VAC30-30-131 to provide training and technical assistance to eligible agencies, centers, and the Statewide Independent Living Council to plan, develop, conduct, administer, and evaluate centers.

B. This subsection is applicable to federally funded CILs. An eligible agency may use funds awarded under subsections C and D of 22VAC30-30-131 to:

Plan, conduct, administer, and evaluate centers that comply with the standards and assurances in § 725(b) and (c) of the Act;
Promote and practice the independent living (IL) philosophy in accordance with Evaluation Standard 1 (Philosophy) in 22VAC30-30-181;
Provide IL services (including IL core services and, as appropriate, a combination of any other IL services specified in § 7(30)(B) of the Act) to individuals with a range of significant disabilities in accordance with Evaluation Standards 2 and 5 (Provision of services and Independent living core services, respectively) in 22VAC30-30-181;
Facilitate the development and achievement of IL goals selected by individuals with significant disabilities who seek assistance in the development and achievement of IL goals from the center in accordance with Evaluation Standard 3 (Independent living goals) in 22VAC30-30-181;
Increase the availability and improve the quality of community options for independent living in order to facilitate the development and achievement of IL goals by individuals with significant disabilities in accordance with Evaluation Standard 4 (Community options) in 22VAC30-30-181;
Increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities in accordance with Evaluation Standard 6 (Activities to increase community capacity) in 22VAC30-30-181;
Conduct resource development activities to obtain funding from sources other than Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act in accordance with Evaluation Standard 7 (Resource development activities) in 22VAC30-30-181; and
Conduct activities necessary to comply with the assurances in § 725(c) of the Act, including, but not limited to, the following:

a. Aggressive outreach regarding services provided through the center in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under Title VII of the Act, especially minority groups and urban and rural populations; and

b. Training for center staff on how to serve unserved and underserved populations, including minority groups and urban and rural populations.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-210 (Repealed.)

Historical Notes

Derived from VR595-02-1 § 21, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-211 Periodic review of centers for independent living (CILs)

A. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. The director of the DSU shall periodically review each center to determine whether the center is in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181. For purposes of this section, in the case of a state in which there is both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind, the "director" shall be the director of the general DSU. These state units shall periodically consult with each other with respect to the provision of services for individuals who are blind.

For state-funded CILs, the periodic review shall include annual on-site compliance reviews of at least 15 percent of the centers.
For CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, the periodic review shall include annual on-site compliance reviews of at least 15% of the centers.
Each team that conducts an on-site compliance review shall include at least one person who is not an employee of the designated state agency, who has experience in the operation of centers, and who is jointly selected by the director of the DSU and the chairperson of the Statewide Independent Living Council (council), or other individual designated by the council to act on behalf of and at the direction of the council.
A copy of each review shall be provided to the council. For centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131, a copy shall also be provided to the Secretary of the U.S. Department of Education.

B. This subsection is applicable to federally and state-funded CILs. For state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 if the director of the DSU determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the director shall immediately notify the center in writing that the center is out of compliance. For CILs receiving funds under § 721 of the Act and subsection C of 22VAC30-30-131, if the Secretary of the U.S. Department of Education determines that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181, the secretary shall immediately notify the center in writing that the center is out of compliance. The director or secretary, as appropriate, shall provide technical assistance to the center to develop a corrective action plan to comply with the standards and assurances. The director's or secretary's, as appropriate, initial written notice must:

Include, at a minimum, (i) the name of the center, (ii) the reason or reasons for proposing the termination of funds or other significant adverse action against the center, including any evidence that the center has failed to comply with any of the evaluation standards or assurances, and (iii) the effective date of the proposed termination of funds or other significant adverse action against the center;
Be given 90 days in advance of the date the director or secretary, as appropriate, intends to terminate a center's funds or take any other significant adverse action against the center;
Inform the center that it has 90 days from the date the center receives the notice to submit a corrective action plan;
For centers receiving federal funds under § 723 or 725 of the Act, inform the center that (i) it may seek mediation and conciliation in accordance with this subsection to resolve any dispute within the 90 days before the proposed action against the center and (ii) if mediation and conciliation are not successful and the director does not issue a final written decision under subdivision C 3 of this section, the center may appeal to the Secretary of the U.S. Department of Education the decision described in the director's initial written notice on or after the 90th day, but not later than the 120th day, after the center receives the director's initial decision; and
Be sent by certified mail, return receipt requested, or by other means that provide proof of receipt.

C. This subsection is applicable to state-funded CILs and CILs receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131.

Unless the center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director or, if appealed, is approved by the Secretary of the U.S. Department of Education, the director shall terminate all funds under § 723 of the Act and subsection D of 22VAC30-30-131 to the center. Funds shall be terminated 90 days after the later of: (i) the date that the center receives the initial written notice, or (ii) the date that the center receives the secretary's final decision, if the center appeals under 22VAC30-30-220 the director's decision described in the initial written notice, or the director's decision not to approve the corrective action plan.
For centers receiving state general funds, the director shall terminate all state general funds to the center 90 days after the date the center receives the director's initial written notice, unless the center submits, within 90 days after receiving the initial written notice, a corrective action plan to achieve compliance that is approved by the director.
If the center submits a corrective action plan within the 90-day period, the director shall provide to the center, not later than the 120th day after the center receives the director's initial written notice, a final written decision approving or disapproving the center's corrective action plan and informing the center, if appropriate, of the termination of the center's funds or any other proposed significant adverse action against the center.

a. The director's final written decision to disapprove a center's corrective action plan must (i) address any response from the center to the director's initial written notice, (ii) include a statement of the reasons why the director could not approve the corrective action plan, and (iii) inform a center receiving funds under § 723 of the Act of its right to appeal to the Secretary of the U.S. Department of Education, within 30 days from receipt, the director's final written decision to terminate funds or take other significant adverse action against the center.

b. A director's final written decision to terminate funds or take any other adverse action against a center may not take effect until 30 days after the date that the center receives it.

c. If a center receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131 appeals under subsection A of 22VAC30-30-220, the director's final written decision to terminate funds or take any other adverse action against a center does not take effect until the Secretary of the U.S. Department of Education issues a final decision.

d. The director shall send the final written decision to the center by registered or certified mail, return receipt requested, or other means that provide a record that the center received the director's final written decision.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-220 Appeal procedures for CILs

A. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education review of a director's final written decision to disapprove a center's corrective action plan submitted under subdivision C 1 of 22VAC30-30-211, the center shall file, within 30 days from receipt of the director's final written decision, a formal written appeal with the secretary giving the reasons why the center believes that the director should have approved the center's corrective action plan. For purposes of this section, in the case of a state in which there is both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind, the "director" shall be the director of the general DSU. These DSUs shall periodically consult with each other with respect to the provision of services for individuals who are blind.

B. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education's review of a decision described in a director's initial written notice, a center that does not submit a corrective action plan to a director shall file, in accordance with subdivision C 1 a (1) of this section, a formal written appeal with the secretary giving the reasons why the center believes that the director should have found the center in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

C. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. To appeal to the Secretary of the U.S. Department of Education a decision described in a director's initial written notice or a director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action:

A center shall file with the secretary:

a. A formal written appeal:

(1) On or after the 90th day but not later than the 120th day following a center's receipt of a director's initial written notice; or

(2) On or before the 30th day after a center's receipt of the director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action;

b. A copy of the corrective action plan, if any, submitted to the director; and

c. One copy each of any other written submissions sent to the director in response to the director's initial written notice to terminate funds or take other significant adverse action against the center.

The date of filing a formal written appeal to the secretary is determined in a manner consistent with the requirements of 34 CFR 81.12.
If the center files a formal written appeal with the secretary, the center shall send a separate copy of the appeal to the director by registered or certified mail, return receipt requested, or other means that provide a record that the director received a separate copy of the center's written appeal.
The center's formal written appeal to the secretary must state why:

a. The director has not met the burden of showing that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181; and

b. The corrective action plan, if any, should have been approved; or

c. The director has not met the procedural requirements of subsection B of 22VAC30-30-211 and subsections A through E of this section.

As part of its submissions, the center may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

D. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. A director's decision to terminate funds that is described in an initial written notice or final written decision is stayed as of the date (determined under subdivision C 2 of this section) that the center files a formal written appeal with the secretary.

E. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If the center files a formal written appeal in accordance with subsection C of this section, the director shall, within 15 days of receipt of the center's appeal, submit to the secretary one copy each of the following:

The director's initial written notice to terminate funds or take any other significant adverse action against the center sent to the center.
The director's final written decision, if any, to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center.
Any other written documentation or submissions the director wishes the secretary to consider.
Any other information requested by the secretary.
As part of its submissions, the director may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

F. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If either party requests a meeting under subdivisions C 5 or E 5 of this section, the meeting is to be held within 30 days of the date of the secretary's receipt of the submissions from the director that are required by subsection E of this section. The secretary promptly notifies the parties of the date and place of the meeting.

Within 30 days of the informal meeting or, if neither party has requested an informal meeting, within 60 days of the date of receipt of the submissions required from the director by subsection E of this section, the secretary issues to the parties the secretary's decision.
The secretary reviews a decision included in a director's initial written notice or a director's final written decision to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center based on the record submitted under subsections C and E of this section and may affirm or, if the secretary finds that the decision included in a director's initial written notice or a director's final written decision is not supported by the evidence or is not in accordance with the law, may:

a. Remand the appeal for further findings; or

b. Reverse the decision described in the director's initial written notice or the director's final written decision.

The secretary sends copies of the decision to the parties by registered or certified mail, return receipt requested, or other means that provide a record of receipt by both parties.
If the secretary affirms the decision described in a director's initial written notice or the director's final written decision, the director's decision takes effect on the date of the secretary's final decision to affirm.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 22, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-230 (Repealed.)

Historical Notes

Derived from VR595-02-1 §§ 23 to 24, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

Part III Independent Living Services (ILS) Program

22VAC30-30-241 Agencies eligible for ILS program

A. Any DSU identified by the state under 34 CFR 364.22 is eligible to apply for assistance under 34 CFR Part 365 and this part.

B. To receive a grant under 34 CFR Part 365 and this part, a state shall submit to the Secretary of the U.S. Department of Education and obtain approval of a state plan that meets the requirements of Part A of Title VII of the Act and Subparts B and C of 34 CFR Part 264.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-250 Referrals

A. Department for Aging and Rehabilitative Services clients referred to a center for independent living by department counselors for specific services related to the vocational objective under the Individualized Employment Plan (IEP) may have those services funded by the department based upon approved vendor arrangements between the department and the respective center.

B. The DSU shall develop, establish, and maintain written standards and procedures to be applied by service providers to assure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities.

C. The service provider shall apply the standards and procedures established by the DSU to assure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities.

D. A DSU may handle referrals and applications for IL services or, except as otherwise provided, may delegate these functions and responsibilities to the appropriate service provider with which the DSU subgrants or contracts to provide IL services.

History

Statutory Authority: § 51.5-131 of the Code of Virginia.
Historical Notes: Derived from VR595-02-1 § 25, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004; Volume 28, Issue 24, eff. August 30, 2012.

22VAC30-30-260 Authorized use of ILS funds

A. The Secretary of the U.S. Department of Education provides financial assistance to states under the Independent Living Services program authorized by Part B of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act to:

Provide the resources described in the resource plan required by § 705(e) of the Act and 34 CFR 364.21(d) relating to the Statewide Independent Living Council. A majority of the voting members of the Statewide Independent Living Council must be individuals with disabilities and not employed by any state agency or center for independent living;
Provide to individuals with significant disabilities the independent living services required by section 704(e) of the Act;
Demonstrate ways to expand and improve IL services;
Support the operation of centers for independent living that are in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181;
Support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing IL services;
Conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to federal, state, and local policy makers in order to enhance IL services for individuals with significant disabilities;
Train individuals with significant disabilities, individuals with disabilities, individuals providing services to individuals with significant disabilities, and other persons regarding the IL philosophy; and
Provide outreach to populations that are unserved or underserved by programs under Title VII of the Act, including minority groups and urban and rural populations.

B. The state may use funds received under 34 CFR Part 365 to support the activities listed in subsection A of this section and to meet its obligation under § 704(e) of the Act and 34 CFR 364.43(b) and subsection A of 22VAC30-30-270.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-270 Grants or contracts for IL services

A. The state plan must provide that the state directly, or through grants or contracts, will provide IL services with federal, state, or other funds.

B. A state may not condition the award of a grant, subgrant, or contract under § 713 of the Act or a grant, subgrant, or assistance contract under § 723 of the Act and subsection D of 22VAC30-30-131 on the requirement that the applicant for the grant or subgrant make a cash or in-kind contribution of any particular amount or value to the state.

C. An individual, entity, or organization that is a grantee or subgrantee of the state, or has a contract with the state, may not condition the award of a subgrant or subcontract under § 713 of the Act or § 723 of the Act and subsection D of 22VAC30-30-131 on the requirement that the applicant for the subgrant or subcontract make a cash or in-kind contribution of any particular amount or value to the state or to the grantee or contractor of the state.

D. If a state makes a subgrant or enters into a contract to provide IL services to meet its obligation under § 704(e) of the Act:

The provisions of 34 CFR Part 365 apply to both the state and the entity or individual to whom it awards a subgrant or with whom it enters into a contract; and
The provisions concerning the administration of subgrants and contracts in 34 CFR Parts 76 and 80 apply to the state.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-280 Standards for service providers

A. In providing IL services to individuals with significant disabilities, service providers shall comply with:

The written standards for IL service providers established by the DSU required by subsections B and C of this section; and
All applicable state or federal license or certification requirements.

B. The DSU shall develop, establish, make available to the public, maintain, and implement written minimum standards for the provision of:

IL services to be met by service providers that are not centers; and
Specialized IL services to individuals with significant disabilities by centers under a contract with the DSU. These minimum standards may differ from the standards and assurances in § 725 of the Act, 22VAC30-30-171, and 22VAC30-30-181.

C. The DSU shall assure that participating service providers meet all applicable state licensure or certification requirements.

History

Statutory Authority: § 51.5-14 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

Chapter 50 Policies and Procedures for Administering the Commonwealth Neurotrauma Initiative Trust Fund

Part I Definitions and General Information

22VAC30-50-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Advisory board" means the Commonwealth Neurotrauma Initiative Advisory Board.

"Commissioner" means the Commissioner of the Department for Aging and Rehabilitative Services.

"Department" means the Department for Aging and Rehabilitative Services.

"Fund" means the Commonwealth Neurotrauma Initiative Trust Fund.

"Neurotrauma" means an injury to the central nervous system (i.e., a traumatic spinal cord or brain injury) that results in loss of physical functions, cognitive functions, or both.

"RFP" means a request for proposals issued by the advisory board seeking applications for grant moneys in the fund.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-10 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-10, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-20 Statement of general policy

The Commonwealth of Virginia has recognized the need to prevent traumatic spinal cord and brain injuries and is committed to improving the treatment and care of Virginians with traumatic spinal cord and brain injuries. By creating the fund and authorizing the advisory board to administer the fund, the Commonwealth of Virginia makes grant funds available to Virginia-based organizations, institutions, and researchers to address these needs. The advisory board administers the fund to carry out the intent of the law in accordance with its authority.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-20 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-20, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-30 Disbursement of funds

A. This chapter serves to (i) establish policies and procedures for soliciting and receiving applications for grants from the fund, (ii) establish criteria for reviewing and ranking such applications, and (iii) establish procedures for distributing moneys in the fund, which shall be used solely to provide grants to Virginia-based organizations, institutions, and researchers.

B. Forty-seven and one-half percent of the moneys in the fund distributed under this chapter shall be allocated for research on the mechanisms and treatment of neurotrauma; 47-1/2% of the moneys shall be allocated for rehabilitative services (i.e., the development of innovative, model community-based rehabilitative programs and services for individuals with neurotrauma); and 5.0% of the moneys shall be allocated for the department's costs for administering and staffing the fund and advisory board.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-30 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-30, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 20, Issue 18, eff. June 18, 2004; Volume 25, Issue 24, eff. September 3, 2009; Volume 28, Issue 24, eff. August 30, 2012; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-40 Compliance with the Administrative Process Act

Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia (the Administrative Process Act) governs the promulgation and administration of this chapter .

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-40 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-40, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; Volume 37, Issue 19, eff. June 25, 2021.

22VAC30-50-50 Application of exemption to the Virginia Freedom of Information Act

Pursuant to subdivision 9 of § 2.2-3705.5 of the Virginia Freedom of Information Act, Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia, records submitted to the advisory board as a grant application, or accompanying a grant application, pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and this chapter are excluded from the requirement of open inspection to the extent that they contain medical or mental health records or other data identifying individual patients, or proprietary business or research-related information produced or collected by an applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues. This exemption shall apply when the information has not been publicly released, published, copyrighted, or patented, if the disclosure of the information would be harmful to the competitive position of the applicant. The advisory board intends to rely upon this exemption in order to encourage the submission of applications.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia
Historical Notes: Former 12VAC5-185-50 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-50, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016; Volume 37, Issue 19, eff. June 25, 2021.

Part II Soliciting and Reviewing Applications

22VAC30-50-60 Requests for proposals

The advisory board shall solicit applications for grants of moneys from the fund by issuing RFPs from time to time. These RFPs shall be issued at the discretion of the advisory board and shall depend upon the availability of moneys in the fund. Each application for a grant must be submitted in response to an actual RFP and received by a deadline specified in the RFP.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-60 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-60, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016; Volume 37, Issue 19, eff. June 25, 2021; Volume 39, Issue 3, eff. October 27, 2022.

22VAC30-50-70 Grant reviewers and technical advisors

The advisory board may choose, at any time, to appoint grant reviewers or other technical advisors, or both, to assist in reviewing and ranking applications. Such reviewers and advisors may represent medical researchers, medical practitioners, community-based service providers, consumers, advocates for consumers, or others deemed appropriate by the advisory board for this purpose. Reviewers and advisors shall be appointed so as to provide equal representation from Virginia's medical schools. Reviewers and advisors shall be selected so as to avoid any conflict of interests or the appearance thereof, and the advisory board may choose reviewers and advisors residing or working outside Virginia to ensure impartiality. Whenever reviewers or advisors sit as a committee, the chair of the advisory board or his designee shall serve as chair of the committee but shall not vote on individual applications.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-70 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-70, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016; Volume 37, Issue 19, eff. June 25, 2021.

22VAC30-50-80 Specification of Option A or B

Each application shall clearly state a purpose to seek funds for projects to conduct research on the mechanisms and treatment of neurotrauma, which shall be referred to as "Option A," or to develop innovative, model community-based rehabilitative programs and services for individuals with neurotrauma, which shall be referred to as "Option B." Option A applications shall state and demonstrate a clear intention of researching the mechanisms of neurotrauma or the treatment of neurotrauma, or both. Option B applications shall state and demonstrate a clear intention to provide innovative, model community-based rehabilitative services by developing, expanding, evaluating, or improving community-based programs and services for people with traumatic brain injury or traumatic spinal cord injury, or both, and expanding opportunities for these individuals to become as independent and physically and functionally capable as possible. Neither Option A nor Option B grants shall be used for long-term funding of research projects or community-based rehabilitative programs and services.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-80 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-80, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-90 Submission of applications

In reviewing applications submitted for grant awards, whether Option A or Option B, the advisory board shall accept applications that:

Present a clear and convincing discussion of how the proposed project shall carry out its intention as specified in accordance with 22VAC30-50-80 and describe in as much detail as possible its anticipated effectiveness in carrying out its intention;
Comply fully with informational and administrative requirements stated in the specific RFP to which applicants are responding; and
In the case of an Option A application:

a. Discuss the relevance of the proposed project to an identified field of medical or rehabilitative inquiry;

b. Demonstrate the anticipated benefit of the proposed project in terms of expanding knowledge and understanding of neurotrauma;

c. Discuss any innovation or breakthrough the project seeks to promote, specifying outcome measures where possible for each of the preceding enumerated items in this subdivision;

d. Describe efforts to ensure that the proposed project does not duplicate previous or ongoing research; and

e. Provide a plan for sustaining the proposed project following termination of a grant award as relevant to the intention of the proposed project; or

In the case of an Option B application:

a. Discuss the relevance of the proposed project to an identified need for innovative, model community-based rehabilitative programs and services in terms of the absence of alternative resources available to the intended individuals and community;

b. Describe efforts to ensure that the proposed project does not duplicate existing programs, services, or resources already available to targeted individuals and communities;

c. Demonstrate a commitment to collaborative community planning involving consumer groups, service providers, employers, relevant state and local agencies, and other funding sources, as available and appropriate; and

d. Provide a plan for sustaining the proposed project following termination of a grant award as relevant to the intention of the proposed project.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-90 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-90, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

Part III Specific Project Consideration and Application Criteria, Selection of Successful Applications and Amount and Announcement of Awards

22VAC30-50-100 Reviewing and ranking grant applications

A. The advisory board shall distinguish the class of Option A applications from the class of Option B applications when soliciting, reviewing, and ranking grant applications. Applications shall be considered and ranked only among other applications submitted under the same stated option, either Option A or Option B. Applications initially deemed to meet the purpose of a solicitation and to have substantially addressed the general considerations stated in 22VAC30-50-60 through 22VAC30-50-90, as applicable, shall be subsequently reviewed and ranked according to the following criteria:

The purpose and significance of the project;
The objectives and expected benefits of the project;
The design of the project to include (i) methods, activities, and a timeline for achieving project goals and objectives, and (ii) a system for measuring outcomes and documenting project impact, effectiveness, and any anticipated long-term effects;
A detailed budget that is reasonable and appropriate for the scope of the project;
The identification of potential sources of funds and fundraising strategies to be used in sustaining the proposed project following termination of a grant award as relevant to the intention of the proposed project;
Demonstrated or anticipated capability of the existing or planned organizational structure;
The means for consumer involvement in the design, implementation, and evaluation of the project as feasible and relevant to the intention of the proposed project; and
A commitment to include the participation of small, women-owned and minority businesses, as such are available and capable of participation.

B. When initially reviewing applications or subsequently reviewing and ranking applications, the advisory board may ask an applicant to provide required information that is missing from the application or additional clarifying information relating to the application and proposed project. Failure to provide missing information or failure to provide additional information that is material and relevant may result in the rejection or lowered ranking of an application.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-100 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-100, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-110 Amount of grant awards; duration and availability of funding

A. After reviewing all applications, duly accepted, for either Option A or Option B, the advisory board shall determine the proposed projects that shall be offered funding. The selection of successful applications shall be made based on (i) availability of moneys in the fund, (ii) the review and ranking of the applications according to the criteria listed in 22VAC30-50-100 A, (iii) information from grant reviewers or technical advisors appointed by the board to assist in evaluating applications, and (iv) the advisory board's assessment of the applications, as to which further the intentions and the purpose of the fund. Discussions and negotiations may be conducted between the advisory board and grant applicants in order to clarify any remaining issues relating to the proposed project.

B. In determining the amount of a grant award and the duration of funding for a particular project, the advisory board shall consider the requested amount, the project design, and justification. Grant awards shall range in amount from $5,000 to $150,000 per year for an anticipated funding period of one to three years as described in the RFP. The award and duration of funding of a project anticipated to exceed one year shall be contingent upon (i) the availability of moneys in the fund, whether so stated at the time of the award or not, and (ii) the grantee's successful completion of timelines and of interim objectives and milestones as proposed and approved in the grant application, grant award, and contract documents.

C. In the event any timelines and interim objectives and milestones pertaining to a project are not completed to the satisfaction of the advisory board, the advisory board may act to withhold moneys not yet disbursed for the project. In the event of a decline in moneys in the fund, the advisory board shall attempt to distribute moneys in a manner as fair and equitable as possible.

D. The award of grants to successful applicants shall be made public within 60 days of the advisory board's decision regarding all applications submitted in response to an RFP.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Former 12VAC5-185-110 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-110, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-120 Unexpended funds

Notwithstanding any other law to the contrary, the commissioner may reallocate up to $500,000 from unexpended balances in the fund for new grant awards for research on traumatic brain and spinal cord injuries.

History

Statutory Authority: §§ 51.5-131 and 51.5-181 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 24, eff. September 3, 2009; amended, Virginia Register Volume 28, Issue 24, eff. August 30, 2012; Volume 33, Issue 2, eff. October 19, 2016; Volume 37, Issue 19, eff. June 25, 2021; Volume 39, Issue 3, eff. October 27, 2022.

Chapter 60 Grants to Area Agencies on Aging

Part I Introduction

22VAC30-60-10 Purpose

This chapter prescribes requirements which Area Agencies on Aging shall meet to receive federal and state funds to develop comprehensive and coordinated systems for the delivery of supportive and nutrition services under Title III of the Older Americans Act, as amended (42 USC § 3001 et seq.). These requirements include:

Designation and responsibilities of an Area Agency on Aging;
Development and implementation of an Area Plan for Aging Services;
Administration of grants and contracts from the Virginia Department for Aging and Rehabilitative Services; and
Operation of substate long-term care ombudsman programs.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Access services" means services associated with access to other services, such as care coordination, information and assistance and transportation services.

"Area" means the planning and service area served by an Area Agency on Aging.

"Area Agency on Aging" means the public or private nonprofit agency created pursuant to the federal Older Americans Act of 1965, as amended (42 USC § 3001 et seq.) and incorporated by reference in this chapter, which has submitted an approved Area Plan and is designated by contract with the Virginia Department for Aging and Rehabilitative Services to develop and administer its area plan as approved for a comprehensive and coordinated system of services for older persons.

"Area Plan for Aging Services" means the document submitted by an area agency to and approved by the Virginia Department for Aging and Rehabilitative Services, as the scope of services in the executed contract, in order to receive funding under the Older Americans Act, as amended.

"Commissioner" means the Commissioner of the Virginia Department for Aging and Rehabilitative Services.

"Complaint" means any written or oral allegation regarding (i) an action, inaction, or decision of a provider that adversely affects the rights, health, welfare, or safety of the person complaining or the recipient of services, or (ii) a violation of the regulations, policies or procedures that govern long-term care services, brought by or on behalf of a resident of a long-term care facility, regardless of age, or a recipient of long-term care services provided in the community who is at least 60 years of age.

"Complaint counseling" means information, guidance, and support to enable the complainant or the recipient of services to attempt to resolve the complaint or concern himself if he so chooses or is able by utilizing the complaint handling procedures of the long-term care facility or long-term care service provider.

"Contract" means the document of agreement wherein the Virginia Department for Aging and Rehabilitative Services designates the contractor as the duly funded Area Agency on Aging, consistent with the federally approved State Plan for Aging Services, in consideration for which the area agency assures its specific performance of functions and services pursuant to the approved area plan.

"Frail" means having a physical or mental disability, including having Alzheimer's disease or a related disorder with neurological or organic brain dysfunction, which restricts the ability of an individual to perform normal daily tasks or which threatens the capacity of an individual to live independently.

"Government-sponsored area agencies" or "area agencies sponsored by governmental entities" means area agencies created as units of general purpose by local governments, area agencies created through the joint exercise of powers, and area agencies created as units of community services boards. Included under this category of Area Agencies on Aging are: District Three Governmental Cooperative trading as District Three Senior Services, New River Valley Agency on Aging, Alexandria Agency on Aging, Arlington Agency on Aging, Fairfax Area Agency on Aging, Loudoun County Area Agency on Aging, Prince William Area Agency on Aging, Rappahannock-Rapidan Community Services Board, Jefferson Area Board for Aging, Lake Country Area Agency on Aging, and Crater District Area Agency on Aging. In instances where governmental-sponsored agencies need to be differentiated by their status as free-standing joint-exercise-of-powers agencies or units of a governmental entity, it has been so denoted.

"Grant" means an award of financial assistance in the form of money, or property instead of money, by the Virginia Department for Aging and Rehabilitative Services to an Area Agency on Aging. The term includes such financial assistance when provided by contract.

"Grantee" or "contractor" means the government, nonprofit corporation, or other legal entity to which a grant is awarded and which is accountable to the Virginia Department for Aging and Rehabilitative Services for the use of the funds provided.

"Greatest economic need" means the need resulting from an income level at or below the poverty level established by the federal Office of Management and Budget.

"Greatest social need" means the need caused by noneconomic factors, which include physical and mental disabilities, language barriers, and cultural, social, or geographical isolation, including that caused by racial or ethnic status, that restrict an individual's ability to perform normal daily tasks or threaten such individual's capacity to live independently.

"In-home services" means (i) homemaker services, (ii) personal care services, (iii) chore services, (iv) home health services, (v) checking services, (vi) residential repair and renovation services, and (vii) in-home respite care for families and adult day care as a respite service for families.

"Long-term care facility" means any facility outside of the service recipient's home in which two or more unrelated persons receive long-term care services, including nursing homes licensed by the Department of Health, assisted living facilities licensed by the Department of Social Services, and geriatric treatment centers licensed by the Department of Behavioral Health and Developmental Services.

"Long-term care services" means diagnostic, preventive, therapeutic, rehabilitative, supportive, and maintenance services provided on a recurring or continuous basis for the purpose of (i) minimizing the effects of illness or disability, or both, (ii) assisting a person to maintain his highest level of functioning, or (iii) maintaining or restoring independence. Such services may be provided in the recipient's home or in a community setting such as a long-term care facility.

"Office of the State Long-Term Care Ombudsman" means the program administered and funded by the Virginia Department for Aging and Rehabilitative Services that serves as a point of entry, whereby a complaint is received, investigated or referred for investigation, and resolved.

"Older person" or "elderly" or "older individual" means any individual who is 60 years of age or older.

"Planning and service area" or "PSA" means a geographic area of the Commonwealth that is designated for purposes of planning, development, delivery, and overall administration of services under an area plan. Unless otherwise exempted, such planning and service areas shall be coterminous with the planning districts established by the Virginia Department of Planning and Budget, pursuant to §§ 2.2-1501 and 15.2-4202 of the Code of Virginia.

"Private nonprofit Area Agency on Aging" means those area agencies created independently of a local governing body. They include Mountain Empire Older Citizens, Appalachian Agency for Senior Citizens, League of Older Americans trading as LOA-Area Agency on Aging, Valley Program for Aging Services, Shenandoah Area Agency on Aging, Central Virginia Alliance for Community Living, Southern Area Agency on Aging, Piedmont Senior Resources Area Agency on Aging, Senior Connections, The Capital Area Agency on Aging, Rappahannock Area Agency on Aging, Bay Aging, Southeastern Virginia Areawide Model Program trading as Senior Services of Southeastern Virginia, Peninsula Agency on Aging, and Eastern Shore Area Agency on Aging/Community Action Agency.

"Subgrant" means an award of financial assistance in the form of money, or property instead of money, made under a grant by an Area Agency on Aging to an eligible subgrantee. The term includes such financial assistance when provided by contract.

"Subgrantee" or "subcontractor" means the government, nonprofit corporation, or other legal entity to which a grant is awarded and which is accountable to an Area Agency on Aging for the use of the funds provided.

"Substate Long-Term Care Ombudsman Program" means an organizational unit within an Area Agency on Aging, which the Virginia Department for Aging and Rehabilitative Services designates, through contract with the Area Agency on Aging, to fulfill the duties of the Office of the State Long-Term Care Ombudsman in a specific geographic area.

"Unit of general purpose local government" means a political subdivision of the state whose authority is general and not limited to only one function or combination of related functions.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-30 Applicability of other regulations

Several other regulations apply to all activities conducted with Title III funds. These include:

45 CFR Part 1321: Grants to State and Community Programs on Aging;
45 CFR Part 75: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards; and
45 CFR Part 84: Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

Part II Area Agencies on Aging

22VAC30-60-40 Planning and service areas

A. The following are currently accepted as Virginia's Planning and Service Areas for purposes of execution of the provisions of 42 USC § 3001 et seq. (the "Older Americans Act") and the federal regulations promulgated thereunder (45 CFR Part 1321). The respective Area Agencies on Aging, under contract with the Virginia Department for Aging and Rehabilitative Services as of the date of this chapter, are named in this section for identification but may be subject to change, pursuant to 22VAC30-60-50.

| | Planning and Service Area 1 Mountain Empire Older Citizens, Inc. Wise, Virginia Serves Lee, Scott, and Wise counties; the City of Norton. | | --- | --- | | | Planning and Service Area 2 Appalachian Agency for Senior Citizens, Inc. Richlands, Virginia Serves Buchanan, Dickenson, Russell, and Tazewell counties. | | | Planning and Service Area 3 District III Governmental Cooperative Marion, Virginia Serves Bland, Carroll, Grayson, Smyth, Washington, and Wythe counties; the cities of Bristol and Galax. | | | Planning and Service Area 4 New River Valley Agency on Aging Pulaski, Virginia Serves Floyd, Giles, Montgomery, and Pulaski counties; the City of Radford. | | | Planning and Service Area 5 League of Older Americans, Inc. trading as LOA-Area Agency on Aging Roanoke, Virginia Serves Alleghany, Botetourt, Craig, and Roanoke counties; the cities of Covington, Roanoke, and Salem. | | | Planning and Service Area 6 Valley Program for Aging Services, Inc. Waynesboro, Virginia Serves Augusta, Bath, Highland, Rockbridge, and Rockingham counties; the cities of Buena Vista, Harrisonburg, Lexington, Staunton, and Waynesboro. | | | Planning and Service Area 7 Shenandoah Area Agency on Aging, Inc. Front Royal, Virginia Serves Clarke, Frederick, Page, Shenandoah, and Warren counties; the City of Winchester. | | | Planning and Service Area 8A City of Alexandria (Alexandria Agency on Aging) Alexandria, Virginia Serves the City of Alexandria. | | | Planning and Service Area 8B Arlington County (Arlington Agency on Aging) Arlington, Virginia Serves Arlington County. | | | Planning and Service Area 8C Fairfax County (Fairfax Area Agency on Aging) Fairfax, Virginia Serves Fairfax County; the cities of Fairfax and Falls Church. | | | Planning and Service Area 8D Loudoun County (Loudoun County Area Agency on Aging) Leesburg, Virginia Serves Loudoun County. | | | Planning and Service Area 8E Prince William County (Prince William Area Agency on Aging) Manassas, Virginia Serves Prince William County; the cities of Manassas and Manassas Park. | | | Planning and Service Area 9 Rappahannock-Rapidan Community Services Board Culpeper, Virginia Serves Culpeper, Fauquier, Madison, Orange, and Rappahannock counties. | | | Planning and Service Area 10 Jefferson Area Board for Aging Charlottesville, Virginia Serves Albemarle, Fluvanna, Greene, Louisa, and Nelson counties; the City of Charlottesville. | | | Planning and Service Area 11 Central Virginia Alliance for Community Living, Inc. Lynchburg, Virginia Serves Amherst, Appomattox, Bedford, and Campbell counties; the cities of Bedford and Lynchburg. | | | Planning and Service Area 12 Southern Area Agency on Aging, Inc. Martinsville, Virginia Serves Franklin, Henry, Patrick, and Pittsylvania counties; the cities of Danville and Martinsville. | | | Planning and Service Area 13 Lake Country Area Agency on Aging South Hill, Virginia Serves Brunswick, Halifax, and Mecklenburg counties. | | | Planning and Service Area 14 Piedmont Senior Resources Area Agency on Aging, Inc. Farmville, Virginia Serves Amelia, Buckingham, Charlotte, Cumberland, Lunenburg, Nottoway, and Prince Edward counties. | | | Planning and Service Area 15 Senior Connections, The Capital Area Agency on Aging, Inc. Richmond, Virginia Serves Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, and Powhatan counties; the City of Richmond. | | | Planning and Service Area 16 Rappahannock Area Agency on Aging, Inc. Fredericksburg, Virginia Serves Caroline, King George, Spotsylvania, and Stafford counties; the City of Fredericksburg. | | | Planning and Service Area 17/18 Bay Aging Urbanna, Virginia Serves Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northumberland, Richmond, and Westmoreland counties. | | | Planning and Service Area 19 Crater District Area Agency on Aging Petersburg, Virginia Serves Dinwiddie, Greensville, Prince George, Surry, and Sussex counties; the cities of Colonial Heights, Emporia, Hopewell, and Petersburg. | | | Planning and Service Area 20 Southeastern Virginia Areawide Model Program, Inc. trading as Senior Services of Southeastern Virginia Norfolk, Virginia Serves Isle of Wight and Southampton counties; the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach. | | | Planning and Service Area 21 Peninsula Agency on Aging, Inc. Newport News, Virginia Serves James City and York counties; the cities of Hampton, Newport News, Poquoson, and Williamsburg. | | | Planning and Service Area 22 Eastern Shore Area Agency on Aging/Community Action Agency, Inc. Onancock, Virginia Serves Accomack and Northampton counties. |

B. Pursuant to 42 USC § 3025(a)(1)(E) and (b)(1) of the Older Americans Act, as amended, the Department for Aging and Rehabilitative Services, in its discretion, has established that the boundaries for planning and service areas (PSAs) will be coterminous with the boundaries of the planning districts established by the Department of Planning and Budget, except that:

Within the boundaries of Planning District 8, the Department for Aging and Rehabilitative Services has established five planning and service areas with the concurrence of the local governing bodies.
The Department for Aging and Rehabilitative Services has combined Planning Districts 17 and 18 into one planning and service area with the concurrence of the local governing bodies.
Within the boundaries of Planning District 23, the Department for Aging and Rehabilitative Services has established two planning and service areas that existed from the former Planning Districts 20 and 21.

C. These boundaries shall be maintained until such time as there is good cause, shown by clear and convincing evidence, to create a new planning and service area.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-50 Application procedures to obtain designation as a new planning and service area or as a new Area Agency on Aging.

A. Applications of units of general purpose local government to serve as designated Area Agencies on Aging within established planning and service areas or to create a new planning and service area shall be made only by formal resolution of city councils or county boards of supervisors and must be submitted in writing to the Commissioner of the Department for Aging and Rehabilitative Services. Such new entities, if approved, shall become effective with the beginning of the terms of their approved Area Plan for Aging Services and the contract incorporating such plan, upon execution of the contract. Any application for new Area Agency on Aging status or new planning and service area status shall be submitted prior to July 1 of the year preceding the year in which the new status would become effective.

B. The application for new Area Agency on Aging status or for new planning and service area status shall contain the proposed Area Plan for Aging Services and shall show the following:

All the city councils and county boards of supervisors in the planning and service area which would be affected have consented to the proposed change.
The proposed change will not result in creation of an Area Agency on Aging or new planning and service area which would receive less than 1.0% of the formula fund allocation for Virginia, according to the allocation method used by the Department for Aging and Rehabilitative Services for the year in which the application is submitted.
Provision of services in a proposed new planning and service area or by a proposed new Area Agency on Aging shall be shown, by clear and convincing evidence, to assure more efficient and effective preparation and implementation of the Area Plan for Aging Services for the older Virginians within the planning and service area.

C. Upon receipt of an application which meets the foregoing requirements, the Commissioner of the Department for Aging and Rehabilitative Services shall provide a public hearing in the planning and service area. At least a 30-day notice shall be provided through publication in a newspaper or newspapers of general circulation in the cities and counties to be affected by the proposed new entity and its submitted Area Plan for Aging Services. Notification shall be mailed to the local governments and all other interested Area Agencies on Aging. The public hearing shall be held at a time and location as convenient as possible to the citizens of the cities and counties affected by the proposed change. The commissioner or a hearing officer designated by the commissioner will preside at the hearing. At the public hearing, interested persons may speak for themselves or be represented by counsel, and written presentations may be submitted. Following the public hearing and for at least 30 days thereafter, the commissioner will receive any additional written information which citizens or organizations wish to submit.

D. In addition to the public hearing and reception of comments by the Department for Aging and Rehabilitative Services and the commissioner, as provided above, the commissioner shall consult with the Department of Planning and Budget, pursuant to § 2.2-1501(2) of the Code of Virginia, whenever a new planning and service area is proposed, and the approval of that department shall be persuasive.

E. Within 120 days of the public hearing, the commissioner shall issue written findings of fact, the consideration of the Department of Planning and Budget, and a particularized conclusion and decision. In the case of a new planning and service area, its effective date shall be determined and stated. The designation of Area Agencies on Aging becomes effective upon approval of their Area Plans for Aging Services and execution of the contract.

F. Any applicant for designation as a new entity whose application is denied may request an administrative hearing, pursuant to the Virginia Administrative Process Act, § 2.2-4019 of the Code of Virginia, within 15 days of receipt of the written denial. If, after hearing, the applicant's request is still denied, the applicant may appeal the decision in writing within 30 days after receipt of the decision to the Commissioner of the U.S. Administration on Aging, pursuant to 45 CFR 1321.31.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-60 Termination of the designation of an Area Agency on Aging.

A. The contractual designation of an incumbent Area Agency on Aging will be renewed annually contingent upon approval of and performance on the Area Plan for Aging Services.

B. The contractual designation of an Area Agency on Aging will be withdrawn by the Commissioner of the Virginia Department for Aging and Rehabilitative Services for any of the following:

Upon a written request by the Area Agency on Aging that the commissioner terminate its contractual designation.
Upon a request by formal resolution of all the city councils and county boards of supervisors within the planning and service area of the Area Agency on Aging that the commissioner designate and contract with another Area Agency on Aging, whose area plan is approved.
Upon a finding by the Virginia Department for Aging and Rehabilitative Services, after reasonable notice and opportunity for a hearing, pursuant to 45 CFR 1321.35, that:

a. An area plan or plan amendment is not approved.

b. An area agency does not meet the requirements of the Older Americans Act, as amended; the federal regulations to implement the Older Americans Act, as amended; the Code of Virginia; or the policies and regulations of the Department for Aging and Rehabilitative Services.

c. There is substantial failure in the provisions or administration of an approved area plan to comply with one or more of the provisions of the Older Americans Act, as amended; the federal regulations to implement the Older Americans Act as amended; the Code of Virginia; regulations of the Department for Aging and Rehabilitative Services; licensing requirements of the Commonwealth of Virginia; and local ordinances.

d. The activities of the Area Agency on Aging are inconsistent with the statutory mission in the Older Americans Act, as amended, and its implementing regulations.

Upon reasonable application of the terms and conditions stated in the contract. Contractual obligations, failure of fulfillment of which shall lead to termination of the contract include the following:

a. Failure to correct deficiencies disclosed in an audit report from an audit conducted as required by the Department for Aging and Rehabilitative Services pursuant to 22VAC30-60-450;

b. Failure to report promptly to the Virginia Department for Aging and Rehabilitative Services and to the appropriate law-enforcement officials any theft, embezzlement, or unlawful use of funds received from the Department for Aging and Rehabilitative Services;

c. Failure to submit reports that meet the requirements (including due dates) established by the Virginia Department for Aging and Rehabilitative Services; and

d. Deliberate falsification of information in such reports.

Upon a decision pursuant to 22VAC30-60-50 creating a new Area Agency on Aging or new planning and service area, to the extent that such a decision makes performance on the existing contract impossible.

C. Upon notice by the Virginia Department for Aging and Rehabilitative Services of its intent to terminate, the Area Agency on Aging, within 15 days from receipt of the notice, may request and shall be provided an informal fact-finding conference pursuant to § 2.2-4019 of the Code of Virginia. If, from such a conference, a finding is made that one of the conditions set forth in subdivision B 4 of this section applies or that a term or condition in the contract so permits, the contractual designation shall be withdrawn. In the alternative, if no request for such hearing has been made by 15 days from receipt of the notice, the contractual designation shall terminate 30 days after receipt of the notice.

D. If the Commissioner of the Department for Aging and Rehabilitative Services has reason to believe that one or more of the reasons for termination constitutes an emergency endangering the health, safety, or welfare of citizens or seriously threatens the financial or programmatic continuation of services required by the Area Plan for Aging Services, the commissioner may order the immediate suspension of the designation of the Area Agency on Aging, in advance of a hearing, and shall state in writing the reasons therefor.

E. When the contractual designation of an Area Agency on Aging is withdrawn, the commissioner, to assure continued conduct of functions and provision of services to the extent feasible, shall contractually designate a new Area Agency on Aging in a timely manner, or, for a period of up to 180 days from the withdrawal, the Virginia Department for Aging and Rehabilitative Services, itself, may perform the responsibilities of the Area Agency on Aging or may assign the responsibilities of the area agency to another agency in the planning and service area. With the consent of the Administrator of the U.S. Administration for Community Living, the Commissioner of the Virginia Department for Aging and Rehabilitative Services may extend the 180-day period.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-70 Designation of a new Area Agency on Aging

A. When there is no designated Area Agency on Aging for a planning and service area, or when there has been a decision to create a new planning and service area, the commissioner shall solicit applications for a new Area Agency on Aging as soon as possible. Such applications shall be solicited by advertisement in the newspapers of general circulation serving the planning and service area and by notification mailed to the local governing bodies of cities and counties within the planning and service area. At least 30 days from the date of advertisement shall be provided for applicants to submit their applications to the commissioner. The application shall include the applicant's proposed Area Plan for Aging Services. The commissioner shall give the right of first refusal to a unit of general purpose local government, if such unit can meet the requirements of the Older Americans Act, as amended, and if the boundaries of such a unit and the boundaries of the planning and service area are reasonably contiguous. Applicants may be:

A city or county within the affected planning and service area;
All the cities and counties within the affected planning and service area, applying as a joint exercise of powers, pursuant to § 15.2-3000 of the Code of Virginia;
A public agency or a private nonprofit corporation of Virginia, or any separate organizational unit within such agency which can and shall engage only in the planning or provision of a broad range of supportive services for older persons within the planning and service area.

B. Within 30 days after the deadline set by the commissioner for submission of applications for designation as an Area Agency on Aging, the commissioner shall advertise a public hearing to receive comments on such designation. At least 30 days notice of the hearing shall be provided through advertisement in newspapers of general circulation serving the affected planning and service area and by notification mailed to the local governing bodies and all applicants. The hearing shall be held at a time and location as convenient as possible to the citizens of the cities and counties affected by the proposed change. The commissioner or a hearing officer designated by the commissioner will preside at the public hearing. At the public hearing, interested parties may speak for themselves or be represented by counsel, and written presentations may be submitted. Upon conclusion of the hearing, the commissioner will continue to receive any additional written information which citizens or organizations may wish to provide.

C. Within 45 days after the public hearing, unless the applicants have agreed otherwise, the commissioner shall issue a written decision. The commissioner may designate a new Area Agency on Aging, subject to final approval of its Area Plan for Aging Services and execution of the contract. Such designation shall become effective upon execution of the contract or such other date as agreed upon therein. Or, if the commissioner finds that the applicant or applicants applying do not offer functions, services, and an Area Plan for Aging Services which will be in the best interests of the Commonwealth or of the persons to be served, the commissioner may reject all applications and recommence the designation process. Reasons for denial shall be set forth with reasonable particularity.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Part III Area Plans for Aging Services

22VAC30-60-80 Preparation and submission of the area plan

A. Any existing Area Agency on Aging or any applicant for area agency designation will prepare an Area Plan for Aging Services and submit it to the Virginia Department for Aging and Rehabilitative Services for approval. The area plan will clearly detail the means of providing supportive and nutrition services and substantiation for the means selected. An approved area plan will be in effect for two, three, or four years, as determined by the Department for Aging and Rehabilitative Services. Such plan, if approved, will become the scope of services in the contract executed between the Virginia Department for Aging and Rehabilitative Services and the Area Agency on Aging as contractor.

B. The Area Agency on Aging shall submit to the Virginia Department for Aging and Rehabilitative Services for approval all requests for, and reasonable documentation of and substantiation for, necessary changes, additions, or deletions in its area plan. The area agency shall submit a written amendment to the area plan if it intends to change the scope of a service or if it intends to change the arrangements by which a service is delivered (e.g., direct service or contracted service, the number or location of congregate meal sites). Any amendment shall be approved by the Virginia Department for Aging and Rehabilitative Services and, when signed by both the Department for Aging and Rehabilitative Services and the Area Agency on Aging as contractor, will be incorporated into the contract as part of the scope of services.

C. The area plan shall provide, through a comprehensive and coordinated system, for supportive and nutrition services and, where appropriate, for the establishment, maintenance, and construction of multipurpose senior centers within the planning and service area covered by the plan. Subject to the requirements in 22VAC30-60-100, such services may include:

Checking services. Calling or visiting older persons at their residence to check on them to make sure they are well and safe. This activity may also serve to provide psychological reassurance to an older person who is alone and in need of personal contact from other individuals.
Congregate meals. Procurement, preparation, conveyance, and provision of nutritionally balanced meals that meet one-third of the current recommended dietary allowance for older persons. The provision of meals must occur at designated nutrition sites which also provide a climate or atmosphere for socialization and opportunities to alleviate isolation and loneliness.
Information and Assistance. Assess older persons' needs for services; collecting and providing information to link older persons with the opportunities, services, and resources needed to meet their particular problems and needs.
Dental services. Provision of needed dental services to limited-income persons 60 years of age and older not otherwise able to obtain the services.
Emergency services. Provision of money and other resources, including referral to other public and private agencies, for assistance to persons 60 and older who have an emergency need for help. Area agencies must have approved policies established by their governing board for administration of this service.
Employment services. Assistance to older persons seeking part-time or full-time employment within the public or private sector and advocacy on behalf of the older worker.
Finance, tax, and consumer counseling. Provision of direct guidance and assistance to older persons and their caregivers in the areas of consumer protection, personal financial matters, and tax preparation.
Adult day care services. Regular daytime supervision and care of frail, disabled, and institutionally at-risk older adults. Participants require a level of care which ensures their safety, and, with the provision of services ranging from socialization to rehabilitation, may experience an enhancement in their quality of life and level of functioning.
Health education. Provision of information or materials, or both, specifically designed to address a particular health-related issue. The activity may be preventive in nature and may promote self-care and independence.
Health screening. Provision of screening to determine current health status, including counseling, follow-up, and referral, as needed.
Chore services. Provision of light housekeeping and other services to eligible older adults, who, because of their functional level, are unable to perform these tasks themselves.
Home delivered meals. Procurement, preparation, conveyance, and provision of nutritionally balanced meals that meet one-third of the current recommended dietary allowance for older persons. The meals must be delivered and received at the homes of the individuals.
Home health services. Provision of intermittent skilled nursing care under appropriate medical supervision to acutely or chronically ill homebound older adults. Various rehabilitative therapies and home health aides providing personal care services are included.
Homemaker/personal care services. Provision of nonmedically oriented services by trained personnel under professional supervision. Services may include personal care activities, nutrition-related tasks, light housekeeping, and respite for family caregivers.
Identification/discount program. Provision to older persons of a card which can be used as identification to cash checks and to obtain discounts for goods and services from participating merchants.
Legal assistance. Legal advice and representation by an attorney (including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the supervision of an attorney). Includes counseling or representation by a nonlawyer, where permitted by law, to older individuals with economic or social needs. May also include preventive measures such as community education.
Long-term care coordinating activity. Provides for the participation of area agency staff on the local long-term care coordinating committee or committees and in the planning and implementation of a coordinated service delivery system.
Public information and education. Provision of information to older persons and the general public about the programs and services available to the elderly and their caregivers and about the talents, skills, problems, and needs of older persons.
Residential repair and renovation. Provision of home repairs or home maintenance to persons 60 years of age and older (includes weatherization provided with Older American Act funds).
Services to persons in institutions. Provision of consultation and assistance to institutionalized older persons, their families, and facility staff in such areas as aging issues, resident rights, and activities for facility residents.
Socialization/recreation services. Activities to provide persons 60 years of age and older with opportunities to participate in constructive social experiences and leisure time activities. This may also include senior center activities as well as activities suitable for and within the time constraints of the nutrition sites.
Substate long-term care ombudsman program. Serves as a point of entry for long-term care recipients, their families and friends, and the concerned public, whereby complaints made by, or on behalf of, older persons in long-term care facilities or receiving long-term care services in the community can be received, investigated, and resolved. The program also provides counseling and support to long-term care recipients and others to assist them in resolving problems and concerns through the use of the complaint handling procedure of the long-term care facility or community based long-term care service provider. In addition, the program is a resource for information regarding institutional and community based long-term care services. Through its contacts with long-term care recipients and others concerned with long-term care, the Long-Term Care Ombudsman Program identifies problems and concerns of older persons receiving long-term care and their families and friends and recommends changes in the long-term care system which will benefit these individuals as a group.
Transportation services. Group transportation of older persons to congregate meals, socialization and recreation activities, shopping, and other services available in the community; individual transportation to needed services that promote continued independent living.
Volunteer programs. Development of opportunities for the community to do volunteer work in aging programs and services; recruiting and supervising volunteers; and developing opportunities for older persons to do volunteer work in the community.

D. An Area Agency on Aging may provide a service, other than those listed above, under the following conditions:

The service is consistent with the goals and objectives of the Older Americans Act, as amended.
The area agency makes a written request to, and receives written approval from, the Virginia Department for Aging and Rehabilitative Services.
Such written request includes at least the following:

a. A description of the service to be provided;

b. A budget for the service for the duration of the current Area Plan for Aging Services, including sources and amounts of all funding for the service; and

c. A summary of the process which the area agency used to obtain public comment on the service to be provided.

If the area agency plans to provide the service directly, the area agency must comply with 22VAC30-60-110.

E. If a citizen, organization, or local government should believe an Area Agency on Aging or its Area Plan for Aging Services substantially fails to comply with the provisions of the Older Americans Act, as amended, the complaint shall be addressed in writing to the Commissioner of the Virginia Department for Aging and Rehabilitative Services, detailing the reasons and bases for the complaint.

F. In the alternative, a complaint can be initiated at the local level with the substate ombudsman program, under circumstances described in 22VAC30-60-580 D 2 and 22VAC30-60-580 D 3 for reporting complaints to the Virginia Department for Aging and Rehabilitative Services.

G. If, after an investigation is conducted, the commissioner has cause to believe that there are substantial grounds for termination of the designation of the area agency which is the subject of the complaint, pursuant to 22VAC30-60-60 B 3 c, the commissioner shall provide notice to the area agency of intent to withdraw its area agency designation within 30 days, stating the bases, and shall provide an opportunity for a hearing if requested within 15 days of receipt of the notice by the area agency involved. Failure to request a hearing shall result in withdrawal of the area agency designation at the end of the 30th day after receipt of the notice by the area agency.

H. The hearing, if timely requested, shall be provided consistent with the provisions of the Virginia Administrative Process Act, § 2.2-4019 of the Code of Virginia. Within 30 days of the close of the hearing, unless the case is disposed of by consent during the hearing process, the commissioner shall render a written decision. If the commissioner finds that the Area Plan for Aging Services of the Area Agency on Aging or the administration of the area plan by the area agency does not comply with the requirements and provisions of the Older Americans Act, as amended, the commissioner shall withdraw the designation, pursuant to 45 CFR 1321.35. If there are significant, correctable problems in the Area Plan for Aging Services or the administration thereof, the commissioner may allow the area agency to continue as such, contingent upon appropriate changes and attainment of compliance within a stated time period.

I. When the cause for termination endangers the health, safety and welfare of the population to be served or jeopardizes the financial or programmatic provision of functions and services, suspension of the area agency shall be immediate, and termination shall become final within 30 days, unless good cause is shown by clear and convincing evidence.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-90 Population to be served

A. All Virginians age 60 years or older are eligible to receive services provided under an Area Plan for Aging Services. An Area Agency on Aging shall give preference to providing services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals and older individuals residing in rural areas. Older Americans Act, as amended, funds and state funds shall be targeted to services which can assist older persons to function independently for as long as possible.

B. Any Virginian 60 years of age or older and his or her spouse, regardless of age, are eligible to receive congregate nutrition services.

The following individuals are also eligible to receive congregate nutrition services:

a. A handicapped or disabled individual who is under the age of 60 years and who resides in a housing facility occupied primarily by older individuals at which congregate nutrition services are provided.

b. An individual, regardless of age, who provides volunteer services during the meal hours.

c. A disabled individual under age 60 who resides at home with and accompanies an older individual who is otherwise eligible.

C. Any Virginian 60 years of age or older, who is homebound by reason of illness or incapacitating disability or otherwise isolated, is unable to prepare his own meal, and has no one to prepare food for him is eligible to receive home-delivered nutrition services. The following individuals are also eligible to receive home-delivered nutrition services:

a. The spouse of the older person, regardless of age or condition, may receive a home-delivered meal if receipt of the meal is in the best interest of the homebound older person. Each Area Agency on Aging shall establish criteria for determining when receipt of the meal is in the best interest of the older person.

b. A nonelderly disabled individual who resides at home with an older individual who is otherwise eligible.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-100 Priority services

A. An Area Agency on Aging shall spend at least 15% of its Title III-B allotment for services associated with access to other services, as defined in 22VAC-30-60-20.

B. An Area Agency on Aging shall spend at least 5.0% of its Title III-B allotment for in-home services, as defined in 22VAC-30-60-20.

C. An Area Agency on Aging shall spend at least 1.0% of its Title III-B allotment for legal assistance for the elderly.

D. An Area Agency on Aging, whose spending in a priority service category exceeds the minimum proportional expenditure level specified above, shall spend in each such category of services at least the same amount of actual funds as it spent in such category for the previous fiscal year.

E. To the extent that the priority services and the proportional expenditure level to be allotted to them are prescribed by law and regulation of the federal government, this section is exempt from the procedural requirements of the Virginia Administrative Process Act, pursuant to § 2.2-4002 B 4 of the Code of Virginia.

F. The Virginia Department for Aging and Rehabilitative Services may waive the requirement described in subsections A through C of this section for any category of services described in that section if the Area Agency on Aging demonstrates to the department that services being provided in such category in the area are sufficient to meet the need for such services in such area.

G. Before an Area Agency on Aging requests a waiver pursuant to subsection F of this section, the Area Agency on Aging shall conduct a public hearing as follows:

The Area Agency on Aging requesting a waiver shall notify all interested persons of the public hearing.
The area agency shall provide interested persons with an opportunity to be heard.
The Area Agency on Aging requesting the waiver shall receive, for a period of 30 days, any written comments submitted by interested persons.

H. The Area Agency on Aging shall furnish a complete record of the public comments with the request for the waiver to the Virginia Department for Aging and Rehabilitative Services.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-110 Direct services

A. An Area Agency on Aging shall not provide directly any supportive services or nutrition services except where, in the judgment of the Virginia Department for Aging and Rehabilitative Services, pursuant to a request for waiver as set forth in subsection B of this section, provision of such services by the area agency is necessary to assure an adequate supply of such services, or where such services are directly related to the area agency's administrative functions, or where such services of comparable quality can be provided more economically by the area agency.

B. An Area Agency on Aging shall request explicitly, in writing, a waiver to provide supportive services or nutrition services. The request for a waiver must include, at a minimum, the area agency's rationale for providing the service directly, including sufficient documentation that provision of such service by the area agency is necessary to assure an adequate supply of such service, or that such service is directly related to the area agency's administrative functions, or that such service of comparable quality can be provided more economically by the area agency.

C. Unless and until a waiver has been granted in writing by the Virginia Department for Aging and Rehabilitative Services, an Area Agency on Aging shall not provide or begin to provide any supportive or nutrition service using Older Americans Act, as amended, or state funds.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 1 Principles and Standards for Financial Management and Accounting

22VAC30-60-120 Basis of accounting

Article 1 Principles and Standards for Financial Management and Accounting

A. Each area agency and all entities with which such area agency itself contracts shall report program outlays and program income on the modified accrual basis. Accordingly, expenditures are recorded when a liability is incurred (i.e., when goods and services have been received or the amount can be readily estimated), but revenue is not recorded until actually realized or recognized and collectible by the grantee/contractor or entity under subcontract in a current reporting period.

B. If the Area Agency or entity under subcontract presently maintains its accounting system on the cash basis, it must develop the necessary accrual information through analysis of pertinent documentation on hand.

C. Area Agencies on Aging shall observe the cash basis of accounting for U.S. Department of Agriculture (USDA) funding and the commodities-received basis for USDA commodities. An unbilled receivable shall not be reflected for USDA receivables.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-130 Authority to expend federal and state funds

A. By virtue of the Virginia Department for Aging and Rehabilitative Services' approval of an Area Plan for Aging Services, issuance of a notice of approval, and execution of the contract, an Area Agency on Aging is granted authority to incur costs under its approved area plan for eligible activities, for the period covered by the area plan. This authorization to incur costs under its approved area plan is extended only for allowable and allocable costs which are also reasonable and net of all applicable credits.

B. An Area Agency on Aging receiving a contractual award pursuant to an approved area plan understands and agrees that the period of the contractual award is for one year. Prior to the renewal of the contractual award of any additional financial support for any subsequent period, the Virginia Department for Aging and Rehabilitative Services may conduct an on-site evaluation of the Area Agency on Aging to determine if the objectives of the area plan are being met and whether continued financial support is indicated.

C. An Area Agency on Aging is to refer to the federal cost principles applicable to its type of organization to ascertain when prior approval is required from the Virginia Department for Aging and Rehabilitative Services. In addition, prior approval may be required by the contractual award of funded support from the Virginia Department for Aging and Rehabilitative Services or required by specific program legislation or regulation, including but not limited to the following:

Changes in the scope or objectives of the activities assured by the area plan, as approved and incorporated into the contractual award;
Undertaking any activities which are disapproved or restricted as a condition of the contractual award;
Any pending change of institutional affiliation of the Area Agency on Aging, any reassignment to a legal successor of interest, or any nominal or legal change in agency name. The Virginia Department for Aging and Rehabilitative Services may in its discretion determine whether to approve such contractual modification and continue funding the existing project or projects under the new entity. Factors to be considered include assurances to continue the project or projects as approved and the acceptance of the new entity by the carrier of any surety bonds required for the project or projects;
Transferring to a third party, by contract or any other means, the actual performance of substantive responsibility for the management of the grant/contract. Generally, such changes may require the designation of a new Area Agency on Aging and the execution of a new contract;
Carrying over funds from one budget period to another;
Extending the budget/project period with or without additional funds;
Expending funds for the purchase of land or buildings;
Conveying, transferring, assigning, mortgaging, leasing, or otherwise encumbering property acquired under a grant/contract with the Virginia Department for Aging and Rehabilitative Services;
Acquiring automatic data processing equipment (see 22VAC30-60-270);
Incurring costs or liabilities prior to the effective date of any grant/contract award;
Paying fees to a consultant whenever the consulting agreement (i) constitutes a transfer of substantive management or administrative work to a third party, or (ii) results in a contract for management services that requires the Virginia Department for Aging and Rehabilitative Services or the federal grantor agency's prior approval, as required by program regulations or other award terms;
Additional funding when clearly demonstrated to be essential;
Reallocating costs between closely related projects supported by two or more grant sources. Approval may be granted to charge costs to the Title III grant for which the costs are originally approved, or to another Virginia Department for Aging and Rehabilitative Services project, when all of the following conditions are met:

a. The projects are programmatically related;

b. There is no change in the scope of the individual grants involved;

c. The reallocation of costs is not detrimental to the conduct of work approved under each individual award; and

d. The reallocation is not used to circumvent the terms and conditions of either individual award;

Indemnifying third parties;
Transferring funds between construction and nonconstruction;
Traveling outside of the continental United States;
Contributing to a reserve fund for a self-insurance program;
Insuring any U.S. government-owned equipment; and
Meeting the costs of nonemergency patient care where other forms of medical cost reimbursement, such as but not limited to Medicaid, are available.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-140 Chart of accounts

Provided that an Area Agency on Aging is able to comply with the nine standards for financial management systems in U.S. Office of Management and Budget (OMB) Circulars A-102 and A-110, as applicable, and the financial management standards contained in 45 CFR 75.302, an Area Agency on Aging shall adopt its own account structure based on its own external and internal reporting requirements.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-150 Elements of an acceptable financial management system

A. An Area Agency on Aging shall maintain records and make reports in such form and containing such information as may be required by the Virginia Department for Aging and Rehabilitative Services. An Area Agency on Aging shall maintain such accounts and documents as will serve to permit expeditious determination of the status of funds and the levels of services provided under the approved area plan, including the disposition of all moneys received from the Virginia Department for Aging and Rehabilitative Services, and the nature and amount of all charges claimed against such funds.

B. An Area Agency on Aging shall keep records that identify adequately the source and application of funds for grant-supported or contract-supported activities and for activities under subcontract. At a minimum, these records shall contain information pertaining to the grant or contract, subcontracts, authorizations, obligations, unobligated balances, assets, outlays, income, and, if the recipient is a governmental entity, liabilities.

C. Special grant or contract conditions more restrictive than those prescribed in 45 CFR Part 75 may be imposed by the Virginia Department for Aging and Rehabilitative Services on an Area Agency on Aging, as needed, when the Virginia Department for Aging and Rehabilitative Services has determined that the Area Agency on Aging:

Is financially unstable;
Has a history of poor performance; or
Has a management system that does not meet the standards of 45 CFR Part 75.

D. For the purpose of determining the adequacy of an area agency's financial management system, the Virginia Department for Aging and Rehabilitative Services shall consider the following records maintained on a current basis to be minimum:

General journal;
General ledger;
Separate or combined cash receipts and disbursements journal or voucher register;
Payroll register (if the agency has more than 10 employees);
Fixed assets register for all owned and leased property and equipment;
In-kind journal or worksheets;
Project cost control subsidiary ledger or worksheets; and
Bank statements reconciled within 30 calendar days of receipt.

E. Grantees or contractors of the Virginia Department for Aging and Rehabilitative Services may substitute the equivalent kind of records for those specified in subsection D of this section, provided the substitute records meet the function for which those records have been required.

F. An Area Agency on Aging shall have procedures for determining the reasonableness, allowability, and allocability of all contract costs.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-160 USDA funds

Providers of nutrition services to older persons shall treat USDA funds as income upon receipt.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-170 Reimbursement from other sources

All reimbursement under Titles XIX and XX of the Social Security Act for services funded jointly by the Older Americans Act, as amended shall be considered "other federal funds" for budgeting and reporting purposes.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-180 Liquidation of obligations

A. Grantees/contractors of the Virginia Department for Aging and Rehabilitative Services and subcontractors of the Area Agencies on Aging shall liquidate all obligations incurred under the Older Americans Act, as amended within 90 days of the end of the grant period. The Virginia Department for Aging and Rehabilitative Services shall consider written requests for waivers of this rule in the case of any multiyear subcontracts involving construction or renovation.

B. All Virginia general fund moneys shall be spent by June 30 of the year covered by the award. No unliquidated obligations shall exist beyond June 30.

History

Statutory Authority: § 51.5-131 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-190 Area Agency on Aging fiscal manual

An Area Agency on Aging shall prepare a complete, accurate, and current set of written fiscal policies to be maintained in the form of an officially adopted manual. This manual shall cover the area agency's own fiscal policies and those applicable to its subcontractors. At a minimum, the manual shall provide for a description of each of the following accounting applications and the internal controls in place to safeguard the agency's assets: billings, receivables, cash receipts, purchasing, accounts payable, cash disbursements, payroll, inventory control, property and equipment, and general ledger. Each of the agency's fiscal activities for revenue/receipts, disbursements and financial reporting shall also be described.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 2 Transfer of Funds

22VAC30-60-200 Authority to transfer funds between the titles of the Older Americans Act

Article 2 Transfer of Funds

A. With the prior written approval of the Virginia Department for Aging and Rehabilitative Services, an Area Agency on Aging may transfer funds between the titles of the Older Americans Act, as amended. Area agencies may request transfers of up to 25% between Title III-C(1) funds and Title III-C(2) projects.

B. With the prior written approval of the department, area agencies may transfer up to 10% between Title III-C funds and Title III-B projects.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 3 Personnel Policies

22VAC30-60-210 Employment of key Area Agency on Aging personnel

Article 3 Personnel Policies

The governing board of the Area Agency on Aging shall have the authority to hire and otherwise supervise the activities of the Director of the Area Agency on Aging. All recruitment efforts shall be guided by a description of duties and a list of recruitment criteria developed in advance by the Area Agency on Aging.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-220 Taking security deposits and making payments on behalf of clients

Unless an Area Agency on Aging has an approved program for such purposes and any such security deposits and payments are explicitly covered under the agency's fidelity bond coverage, all officers, employees, volunteers and agents shall be prohibited from taking security deposits for clients or from making payments on behalf of participants of programs funded under the Older Americans Act, as amended. Where such programs are provided for and explicitly covered under the agency's fidelity bond coverage, adequate safeguards shall be formally in place and the operation of the program periodically monitored by the Area Agency on Aging.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-230 Support for labor distribution

A. Charges to awards for salaries and wages shall be based on documented payrolls approved by a responsible supervisory official of the Area Agency on Aging. The distribution of time worked must be supported by personnel activity reports.

B. Labor distribution reports should be prepared and controlled according to the following minimum standards:

Employees, including employees under subcontract, are responsible for preparing their own timecards/timesheets.
Employees shall be provided clear instructions as to the work to be performed and the grant/contract category or program to be charged.
Periodic internal reviews of the timekeeping system shall be performed to assure compliance with system controls.
Overtime hours shall be approved in advance and justification provided.
A list of supervisors authorized to approve timecards/timesheets shall be maintained along with signature cards kept on file by the timekeeping office.

C. In situations where the use of labor distribution reports may be impractical or essentially the same results could be obtained through sampling techniques, an Area Agency on Aging may request in writing from the Virginia Department for Aging and Rehabilitative Services approval of a substitute system which involves staff-maintained labor distribution reports for a prototypical period.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-240 Up-to-date job descriptions for all Title III funded positions

For each paid and volunteer position funded by Title III of the Older Americans Act, as amended, an Area Agency on Aging shall maintain:

A current and complete job description which shall cover the scope of each position-holder's duties and responsibilities and which shall be updated as often as required, and
A current description of the minimum entry-level standards of performance for each job.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 4 Property Control

22VAC30-60-250 Inventorying acquired equipment

Article 4 Property Control

An Area Agency on Aging shall conduct or have conducted on an annual basis an inventory of all equipment acquired with funds granted by the Virginia Department for Aging and Rehabilitative Services, including equipment acquired by their subcontractors and subgrantees.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-260 Control of USDA commodities

To prevent unauthorized diversion, all elderly nutrition projects obtaining commodities from USDA shall conduct an inventory at least once a year of all USDA commodities and shall maintain a perpetual inventory system over such commodities.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-270 Purchase of automatic data processing (ADP) equipment

A. An Area Agency on Aging shall take special precautions in the purchase of ADP equipment and software. The purchase, lease, or retention of ADP equipment shall require prior approval from the Virginia Department for Aging and Rehabilitative Services on an individual or blanket purchase basis.

B. In the acquisition of computer equipment, an Area Agency on Aging shall ensure the following:

A full requirements analysis has been conducted;
Its computer utilization needs are projected over at least a three-year period;
The intended software system meets federal and state reporting requirements;
There is adequate post-sale vendor support; and
Competitive purchasing procedures are adhered to.

C. The cost of ADP services does not require federal or state prior approval.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-280 Area Agency on Aging property control policies

An Area Agency on Aging shall have written policies and procedures, approved by the governing board, for managing equipment purchased in whole or part with federal, state, or matching funds, to include: (i) accurate and complete property records, (ii) regular physical inventory of equipment, (iii) adequate maintenance procedures, and (iv) disposal of property and equipment.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 5 Procurement Practices and Contracting

22VAC30-60-290 Summary of procurement procedures

Article 5 Procurement Practices and Contracting

A. Each Area Agency on Aging not subject by statute to the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia) shall have written policies and procedures which are consistent with the provisions of the Virginia Public Procurement Act.

B. The Area Agency on Aging shall incorporate in any contract, grant, or purchase agreement of over $50,000 the conditions specified in the Virginia Public Procurement Act or those conditions provided in the written policies and procedures required in subsection A of this section.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-300 Contract awards to Area Agencies on Aging

The Virginia Department for Aging and Rehabilitative Services is authorized under § 51.5-135 of the Code of Virginia to award grants or contracts, or a combination of both, to a designated Area Agency on Aging to administer programs under an approved area plan. The Virginia Department for Aging and Rehabilitative Services has determined that the contracts mechanism is the appropriate vehicle for making awards to Area Agencies on Aging in furtherance of its purpose under its approved area plan. Even though the procuring mechanism is called a contract, for purposes of interpreting federal regulations, the provisions for grants and grantees shall apply to an Area Agency on Aging rather than the provisions for contracts.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-310 Unauthorized awards to debarred, suspended, or high-risk subcontractors

A. An Area Agency on Aging shall make awards only to responsible subcontractors possessing the ability to perform successfully under the terms and conditions of the proposed contract. Consideration shall be given to such matters as the integrity of the subcontractor, compliance with public policy, record of past performance, and financial and technical resources.

B. An Area Agency on Aging shall not execute any subcontract at any tier to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs.

C. An Area Agency on Aging shall require its proposed subcontractors at any tier to certify whether they have been excluded from participation in federal assistance programs.

D. If an Area Agency on Aging believes that there are compelling reasons for executing a subcontract with a debarred, suspended, or voluntarily excluded provider in a particular area, the area agency may apply to the Virginia Department for Aging and Rehabilitative Services for a waiver from this requirement. Such waivers shall be granted only in unusual circumstances upon the written determination, by an authorized Virginia Department for Aging and Rehabilitative Services official, that there are compelling reasons justifying the participation.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-320 Authority for multiyear awards

A. An Area Agency on Aging may enter into a multiyear subcontract provided such contract has a completion date, a binding schedule of costs for each year of the entire contract period, a satisfactory performance clause, and a funds-availability clause. An optional-year contract is the preferred contracting mechanism for multiyear awards.

B. The maximum period of time for a multiyear subcontract from the effective date of the contract to close-out shall be five years. Any subcontracts for periods longer than five years shall be reprocured and renegotiated at the end of the five-year period through normal competitive processes.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-330 Preference for small business and minority firm awards of grants and contracts.

It is the Virginia Department for Aging and Rehabilitative Services' policy that a fair share of subcontracts be awarded to small and minority business firms and nonprofit organizations. Accordingly, affirmative steps shall be taken to assure that small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction, and services.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-340 Contract and competitive grants appeals process

An Area Agency on Aging shall establish an appeals and hearing process to resolve disputes and claims involving contracts and competitively awarded grants, if such are authorized. At a minimum, this process shall describe:

Applicable procurement rules to be used in the appeals process;
Designation of an impartial officer to hear and pass on the dispute or claim;
Form and timing of the claim to be filed;
Right of the claimant to counsel;
Hearing procedures;
Manner and timing of the hearing officer's opinion;
Right to appeal to the Virginia Department for Aging and Rehabilitative Services; and
Retention and disposal of the hearing's record.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 6 General Program Income

22VAC30-60-350 Acceptable methods for general program income

Article 6 General Program Income

An Area Agency on Aging is authorized to observe the additional-costs alternative. Under this alternative, all general program income earned by the Area Agency on Aging shall be retained by the area agency and added to funds committed to the project by the Virginia Department for Aging and Rehabilitative Services and shall be used to further eligible program objectives.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-360 Treatment of interest earned on advances

Interest earned on federal funds passed through the Virginia Department for Aging and Rehabilitative Services is to be considered general program income. Such funds may be used as cash match in the supportive services and nutrition programs, to expand any approved program, or to further any activity or benefit to the elderly as approved by the governing board of the Area Agency on Aging. Such funds may not be used to meet the costs associated with the preparation and administration of the area plan.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-370 Allowable investment and custody policies.

The investment of available federal or state funds shall be directed by two principles: (i) all funds received must be protected from unreasonable loss or diminished value, and (ii) investments must be selected to earn a reasonable return on funds not expected to be disbursed immediately. In furtherance of such principles, the following investment mechanisms are authorized:

Any interest bearing checking account that is fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation;
NOW accounts.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-380 Timing of spending general program income

In general, there is no time restriction as to when general program income under the additional-costs alternative must be spent. To avoid any excessive accumulation of funds and the abuse of this alternative, the Virginia Department for Aging and Rehabilitative Services has determined that general program income earned under the additional-costs alternative shall be spent in the year in which it is earned. If it is earned near the end of the agency's fiscal year and the agency is unable to spend this income by then, it shall at least be spent before the expenditure of any federal or state funds in the beginning of the next fiscal year.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-390 Special internal control safeguards over participant contributions

Because of the cash nature of participant contributions, agencies shall exert special safeguards over such funds. At a minimum, agencies receiving participant contributions shall employ one or more of the following precautions: (i) have two persons count all cash contributions; (ii) deposit the amount intact; (iii) make deposits on a daily basis; (iv) maintain all cash contributions in a secure place until deposit; (v) regularly justify cash counts against deposit receipts received from the bank; (vi) for home-delivered meals, maintain lock boxes in the vans and encourage mailed contributions; (vii) provide a clearly stated policy concerning provision of client receipts, in duplicate, for each cash transaction; and (viii) rotate staff periodically, if staffing permits.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-400 Area Agency on Aging written policies on program income

An Area Agency on Aging shall formally adopt written policies and procedures, approved by the governing board, regarding collection, disposition, and accounting for (i) program income, including participant contributions, and (ii) interest and other investment income earned on advances of federal and state funds.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 7 Bank Balance and Check Handling Procedures

22VAC30-60-410 Rules on cash management by Area Agencies on Aging

Article 7 Bank Balance and Check Handling Procedures

A. An Area Agency on Aging shall institute procedures to minimize their cash balances of funding provided by the Virginia Department for Aging and Rehabilitative Services. Accordingly, Area Agencies on Aging shall tailor projections of cash requirements from the Virginia Department for Aging and Rehabilitative Services to coincide closely with the actual disbursement of such funds.

B. An Area Agency on Aging shall adopt procedures for minimizing the time elapsed between the receipt of federal and state funds and their disbursement.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-420 Fidelity bond requirements

For all personnel handling cash or preparing or signing checks, the Area Agency on Aging shall obtain minimum insurance coverage of three-months' cash flow, including checks received, in blanket fidelity bond coverage.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 8 Monitoring of Subcontractors of Area Agencies on Aging

22VAC30-60-430 Area Agency on Aging written policies on subcontractor monitoring

Article 8 Monitoring of Subcontractors of Area Agencies on Aging

Each Area Agency on Aging shall adopt formal written policies and procedures, approved by the governing board, for monitoring their subcontractors and subgrantees under the approved area plan and for follow-up on any findings.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 9 Carry-Over Balance Policies

22VAC30-60-440 Carry-over funds

Article 9 Carry-Over Balance Policies

Carry-over funds may represent obligated but unspent funds. For such funds to be available for expenditure in a subsequent fiscal year, the Virginia Department for Aging and Rehabilitative Services must reauthorize in the subsequent area plan such funds for an area agency to obligate and expend. An Area Agency on Aging shall request authority for such reauthorization of funds. In general, carry-over balances from Titles III-B, III-C(1), III-C(2), and III-D should not exceed 10% of the federal obligation for the new fiscal year, computed separately. This 10% carry-over policy does not apply to Virginia general fund moneys; all of general fund moneys must be spent by June 30 of the fiscal year in which they have been awarded. Approval for the use of such federal carry-over funds shall be granted by the Virginia Department for Aging and Rehabilitative Services only for specific uses and for a specified period of time.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 10 Audits

22VAC30-60-450 Area Agencies on Aging retain own independent public accountants

Article 10 Audits

A. Each Area Agency on Aging shall retain its own public accountant, who is sufficiently independent of those who authorize the expenditure of federal funds, to produce unbiased opinions, conclusions, or judgments. The auditor shall meet the independence criteria established in Chapter 3 of the Government Auditing Standards, as amended, (the Yellow Book) published by the U.S. General Accounting Office.

B. In arranging for audit services, an Area Agency on Aging shall follow procurement standards for retaining professional services. Small audit firms and audit firms owned and controlled by minority individuals shall have the maximum practical opportunity to participate in audit contracts awarded.

C. In soliciting and retaining auditors to conduct the annual audit, an Area Agency on Aging must make specific reference in their request for proposals and any resulting subcontract that the auditor shall be required to conform the audit to the requirements in Audits of States, Local Governments, and Nonprofit Organizations, OMB Circular A-133; and the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, OMB Circular A-110, as applicable. This would relate to the scope of the audit, standardized audit report, reportable events, monitoring by the Virginia Department for Aging and Rehabilitative Services and quality assurance review, access to audit work papers, plan for corrective action, and resolution of audit findings.

D. The audit solicitation and any resulting contract for audit services shall make specific reference that "if it is determined that the contractor's audit work was unacceptable as determined by the Virginia Department for Aging and Rehabilitative Services or a federal supervisory agency, either before or after a reasonable time after a draft or final report was issued, because it did not meet the Virginia Department for Aging and Rehabilitative Services' standards, the AICPA Standards, or those promulgated by the Comptroller General of the United States, the contractor may, at the area agency's written request, be required to reaudit at its own expense and resubmit a revised audit report which is acceptable."

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012; amended, Virginia Register Volume 35, Issue 16, eff. May 1, 2019.

22VAC30-60-460 Frequency of audits and due date for submission of audit reports

A. An audit of Area Agencies on Aging and their grantees and cost-reimbursement contractors shall be conducted at least annually.

B. The audit report shall be submitted to the Virginia Department for Aging and Rehabilitative Services by December 15. If, for reasons within the control of the Area Agency on Aging, this report cannot be submitted by this time, funding of the agency may be suspended by the Virginia Department for Aging and Rehabilitative Services. An Area Agency on Aging shall make a written request for an extension of time for justifiable reasons to the Virginia Department for Aging and Rehabilitative Services before December 15. Such request shall be submitted with sufficient time for Virginia Department for Aging and Rehabilitative Services' review and approval.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-470 Scope of audit report

A. The audit shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits.

B. The audit shall cover the entire operations of the agency or, at the option of that agency, it may cover departments, agencies or establishments that received, expended or otherwise administered federal financial assistance during the year. A series of audits of individual departments, agencies, and establishments for the same fiscal year may be considered a single audit.

C. The auditor shall determine whether:

The financial statements and the accompanying schedules of the agency, department, or establishment present fairly its financial position and the results of its financial operations in accordance with generally accepted accounting principles.
The organization has internal accounting and other control systems to provide reasonable assurance that it is managing federal financial assistance programs in compliance with applicable laws and regulations.
The organization has complied with laws and regulations that may have a material effect on its financial statements and on each major federal assistance program.

D. The independent public accountant shall render an opinion on three accompanying schedules: Status of Funds, Costs by Program Activity, and Status of Inventories.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-480 Area Agency on Aging audit resolution

Each Area Agency on Aging shall have a systematic method to assure the timely and appropriate resolution of audit findings and recommendations.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 11 Close-Out Procedures

22VAC30-60-490 Close-out

Article 11 Close-Out Procedures

A. In the event of termination, all property, documents, data, studies, and reports purchased or prepared by the Area Agency on Aging or its subgrantees or subcontractors under its approved area plan shall be disposed of as directed by the Virginia Department for Aging and Rehabilitative Services. The terminated Area Agency on Aging shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred up to the point of receipt of the termination notice in satisfactory performance under its approved area plan. In spite of the above, the Area Agency on Aging shall not be relieved of liability to the Virginia Department for Aging and Rehabilitative Services for damages sustained by the Virginia Department for Aging and Rehabilitative Services by virtue of any breach of the approved contract and area plan. The Virginia Department for Aging and Rehabilitative Services may withhold for purpose of a set-off any reimbursement of funds to the Area Agency on Aging until such time as the exact amount of damages due the Virginia Department for Aging and Rehabilitative Services from the Area Agency on Aging is agreed upon or otherwise determined.

B. In the event of rescission, revocation, or termination, all documents and other materials related to the performance under the Area Plan for Aging Services shall become the property of the Virginia Department for Aging and Rehabilitative Services.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-500 Bankruptcy

Approval of the area plan shall be withdrawn and any contractual relations terminated for cause if, upon 60 days notice, either party is adjudicated bankrupt, is subject to the appointment of a receiver and fails to have such receiver removed within 60 days, has any of its property attached and fails to remove such attachment within 60 days, or becomes insolvent or for a period of 60 days is unable to pay its debts as the same become due.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-510 Follow-up actions to grant or subgrantee close-out or termination

As a consequence of close-out or termination, the following steps shall be taken:

Upon request, the Virginia Department for Aging and Rehabilitative Services shall promptly pay the contractor for all allowable reimbursable costs not covered by previous payments.
The contractor shall immediately refund or otherwise dispose of any unobligated balance of cash advanced to the contractor, in accordance with instructions from the Virginia Department for Aging and Rehabilitative Services.
The contractor shall submit, within 90 days of the date of close-out or termination, all financial, performance, and other reports required by the terms of the agreement. The Virginia Department for Aging and Rehabilitative Services may extend the due date in response to a written or oral request from the contractor. The department shall respond in writing to the request.
The Virginia Department for Aging and Rehabilitative Services shall make a settlement for any upward or downward adjustment of the federal share of costs, to the extent called for by the terms of the agreement.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Article 12 Record Management

22VAC30-60-520 Area agency record retention requirements

Article 12 Record Management

Fiscal records shall be maintained for five years from the date the Virginia Department for Aging and Rehabilitative Services submits to the U.S. Department of Health and Human Services its final expenditures report for the funding period. This period may be extended, if an audit, litigation, or other action involving the records is started before the end of the five-year period and the records must be retained until all issues arising from the action are resolved or until the end of the five-year period, whichever is later.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-530 Contractors and subcontractors

In the case of grantees/contractors and subcontractors, there shall be a five-year record retention requirement from the date when final payment is made and all other pending matters are closed. Grantees/contractors and subcontractors of the Virginia Department for Aging and Rehabilitative Services shall include a provision in contracts for the five-year record retention period and for access to the contractor's records by authorized representatives of the Commonwealth of Virginia and the United States Government.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-540 Other record retention requirements

An Area Agency on Aging and its subcontractors/subgrantees shall also comply with the record retention requirements of the State Corporation Commission and the Internal Revenue Service for corporations and individuals.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-550 Area agency policy and procedures

An Area Agency on Aging shall have written policies and procedures approved by the governing board regarding the retention and access to all financial and programmatic records, supporting documents, statistical records, and other records.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-560 Access to records

In addition to the head of the federal sponsoring agency and the Comptroller General of the United States, or any of their duly authorized representatives, the Commissioner of the Virginia Department for Aging and Rehabilitative Services and the Comptroller of the Commonwealth of Virginia, or their duly authorized representatives, shall have the right of access to any pertinent books, documents, papers, and records of the Area Agency on Aging and its subcontractors to make audits, examinations, excerpts, and transcripts.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-570 Office of the State Long-Term Care Ombudsman

A. When handling complaints, the Office of the State Long-Term Care Ombudsman shall take the following steps:

Staff of the Office of the State Long-Term Care Ombudsman shall provide complaint counseling to an appropriate person alleging a reasonably specified complaint to assist such person in resolving the complaint himself.
If the person alleging a reasonably specified complaint is unable or unwilling to resolve the complaint himself, staff of the Office of the State Long-Term Care Ombudsman will attempt to obtain reasonably specific information from the complainant, in accordance with which staff of the Office of the State Long-Term Care Ombudsman shall assess the complaint to determine the most appropriate means of investigating and resolving the complaint.

a. Staff of the Office of the State Long-Term Care Ombudsman shall investigate reasonably specified complaints reported to the office which allege action, inaction, or decisions of providers of long-term care services (or their representatives) which may adversely affect the rights, health, welfare, or safety of the person complaining or the recipient of services.

b. Staff of the Office of the State Long-Term Care Ombudsman shall initiate the investigation of a complaint within two working days of the date on which the complaint is received.

c. Staff of the Office of the State Long-Term Care Ombudsman shall refer complaints concerning long-term care regulatory issues and allegations of abuse, neglect, and exploitation to the appropriate agency for investigation, pursuant to §§ 51.5-139 through 51.5-142 of the Code of Virginia.

d. When the complaint alleges abuse, neglect, or exploitation, staff of the Office of the State Long-Term Care Ombudsman shall make a referral by telephone immediately to the appropriate Adult Protective Services staff in the appropriate local Department of Social Services. "Appropriate local Department of Social Services" means the Department of Social Services (i) in the locality where the alleging person resides, or (ii) in the locality where the abuse, neglect, or exploitation is alleged to have occurred, or (iii) in the locality where the complaint is discovered.

e. Staff of the Office of the State Long-Term Care Ombudsman shall forward a reasonably specified complaint to the appropriate regulatory agency or to the Adult Protective Services unit within three working days of the date on which the complaint is received.

f. Staff of the Office of the State Long-Term Care Ombudsman shall complete their investigation of a complaint handled by the office within 45 working days of the date on which the complaint is received.

g. No action shall be taken or threatened by any long-term care provider or facility for the purpose of punishing or retaliating against any resident, ombudsman, employee, or other interested person for presenting a complaint under this regulation or for providing assistance to the complaining party.

B. Staff of the Office of the State Long-Term Care Ombudsman shall comply with the provisions of confidentiality required by § 51.5-141 of the Code of Virginia and the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq. of the Code of Virginia) concerning confidentiality with respect to the identity of the alleging person or the service recipient and the records maintained by the office.

C. Staff of the Office of the State Long-Term Care Ombudsman shall provide identifying information to the Adult Protective Services unit of the Department of Social Services concerning the affected person or service recipient alleged to be a victim of abuse, neglect, or exploitation.

D. Staff of the Office of the State Long-Term Care Ombudsman may provide identifying information to appropriate agencies involved in the investigation of complaints, at the discretion of the State Ombudsman.

E. All substate ombudsman representatives, when acting for or on behalf of the Office of the State Long-Term Care Ombudsman pursuant to a duly executed contract between the substate ombudsman program in the Area Agency on Aging and the Office of the State Long-Term Care Ombudsman in the Virginia Department for Aging and Rehabilitative Services, shall be bound by the provisions of subsections A through C of this section.

F. Section 51.5-140 of the Code of Virginia provides to the staff of the Office of the State Long-Term Care Ombudsman the right of access to long-term care facilities and to the residents and records of such facilities.

G. All substate ombudsman representatives, when acting for or on behalf of the Office of the State Long-Term Care Ombudsman pursuant to a duly executed contract between the substate ombudsman program in the Area Agency on Aging and the Office of the State Long-Term Care Ombudsman in the Virginia Department for Aging and Rehabilitative Services, shall be provided the same rights of access as those set forth in subsection F of this section.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-580 Substate long-term care ombudsman programs

A. An Area Agency on Aging shall obtain approval of its Area Plan for Aging Services from, and shall execute a contract with, the Virginia Department for Aging and Rehabilitative Services before it operates a substate ombudsman program. Such contract shall be in the form of an agreement incorporating as the scope of services the approved Area Plan for Aging Services or approved amendments thereto, signed by both parties. The contract shall provide assurances by the Area Agency that adequate legal representation, should any be necessary, shall be supplied on behalf of representatives of the substate ombudsman program acting in the scope of their services.

B. The actions of the representatives of the substate ombudsman program when acting on behalf of the Office of the State Long-Term Care Ombudsman pursuant to the duly executed contract, shall be governed, with regard to confidentiality requirements and rights of access, by the provisions of 22VAC30-60-570 B through 22VAC30-60-570 D.

C. The authority of the substate ombudsman program shall be limited to the geographic area specified in the approved Area Plan for Aging Services or in an approved area plan amendment, recognized as the scope of services of the contract.

D. The following steps will be observed under the circumstances described:

Staff of the substate ombudsman program shall comply with the complaint handling and reporting procedures established by the Office of the State Long-Term Care Ombudsman, in accordance with 22VAC30-60-570 A and instructions provided by the Office of the State Long-Term Care Ombudsman.
Staff of the substate ombudsman program shall forward all complaints to the Office of the State Long-Term Care Ombudsman within three working days of the date on which the complaint is received by the substate ombudsman program.
Staff of the substate ombudsman program shall forward all complaints regarding long-term care services provided directly by or under contract by the Area Agency on Aging to the Office of the State Long-Term Care Ombudsman within one working day of the date on which the complaint is received by the substate ombudsman program.
Staff of the substate ombudsman program shall forward all complaints regarding the Office of the State Long-Term Care Ombudsman to the Virginia Department for Aging and Rehabilitative Services within one working day of the date on which the complaint is received by the substate ombudsman program.

E. If the substate ombudsman program utilizes volunteers to visit long-term care facilities, such utilization must be indicated in the Area Plan for Aging Services and specified in the contract. Such volunteers shall be screened and trained by the substate ombudsman program prior to their assuming their responsibilities.

F. Each volunteer in a substate ombudsman program shall sign an agreement with the program which specifies the responsibilities of the volunteer, in accordance with the Area Plan for Aging Services, as approved, and the executed contract.

G. The substate ombudsman program shall assure that each volunteer has fulfilled the minimum training requirements established by the Office of the State Long-Term Care Ombudsman Program and has signed the agreement required by 22VAC30-60-580 F.

H. The substate ombudsman program shall submit accurate and timely reports in accordance with instructions provided by the Office of the State Long-Term Care Ombudsman.

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

22VAC30-60-590 Conflict of interest

Staff and representatives of the Office of the State Long-Term Care Ombudsman and staff and representatives of the substate ombudsman program shall have no conflicts of interest with regard to long-term care facilities, long-term care providers, and long-term care issues, pursuant to the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq. of the Code of Virginia).

History

Statutory Authority: § 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. October 24, 2012.

Chapter 110 Assessment in Assisted Living Facilities

Part I Definitions

22VAC30-110-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding. An individual's degree of independence in performing these activities is a part of determining appropriate level of care and services.

"Administrator" means the licensee or person designated by the licensee who is responsible for the general administration and management of an assisted living facility and who oversees the day-to-day operation of the facility, including compliance with all regulations for assisted living facilities.

"Assessment" means a standardized approach using common definitions to gather sufficient information about an individual applying to or residing in an assisted living facility to determine the need for appropriate level of care and services.

"Assisted living care" means a level of service provided by an assisted living facility to individuals who may have physical or mental impairments and require at least moderate assistance with the activities of daily living. Included in this level of service are individuals who are dependent in behavior pattern (i.e., abusive, aggressive, disruptive) as documented on the uniform assessment instrument.

"Assisted living facility" or "ALF" means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged or infirm or who have disabilities and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; (iii) a facility or portion of a facility serving individuals who are infirm or who have disabilities between the ages of 18 and 21 years, or 22 years if enrolled in an educational program for individuals with disabilities pursuant to § 22.1-214 of the Code of Virginia, when such facility is licensed by the Department of Social Services as a children's residential facility under Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia, but including any portion of the facility not so licensed; and (iv) any housing project for individuals who are 62 years of age or older or individuals with disabilities that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments, or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more adults who are aged or infirm or who have disabilities. Maintenance or care means the protection, general supervision, and oversight of the physical and mental well-being of an individual who is aged or infirm or who has a disability.

"Auxiliary Grants Program" means a state and locally funded assistance program to supplement the income of an individual who is receiving Supplemental Security Income (SSI) or an individual who would be eligible for SSI except for excess income, and who resides in an ALF, an adult foster care home, or supportive housing setting with an established rate in the Appropriation Act. The total number of individuals within the Commonwealth of Virginia eligible to receive auxiliary grants in a supportive housing setting shall not exceed the number individuals designated in the Virginia law and the signed agreement between the department and the Social Security Administration.

"Case management" means multiple functions designed to link individuals to appropriate services. Case management may include a variety of common components, such as initial screening of need, comprehensive assessment of needs, development and implementation of a plan of care, service monitoring, and follow-up.

"Case management agency" means a public human service agency that employs a case manager or contracts for case management.

"Case manager" means an employee of a public human services agency who is qualified to perform assessments and to develop and coordinate plans of care.

"Department" or "DARS" means the Virginia Department for Aging and Rehabilitative Services.

"Department designated case management system" means the official state automated computer system that collects and maintains information on assessments conducted by employees of the local department who meet the definition of qualified assessor.

"Dependent" means the individual needs the assistance of another person or needs the assistance of another person and equipment or a device to safely complete an ADL or IADL. For medication administration, dependent means the individual needs to have medications administered or monitored by another person or professional staff. For behavior pattern, dependent means the individual's behavior is aggressive, abusive, or disruptive.

"Discharge" means the process that ends an individual's stay in the ALF.

"Emergency placement" means the temporary status of an individual in an ALF when the individual's health and safety would be jeopardized by denying entry into the facility until requirements for admission have been met.

"Face-to-face" means interacting with an individual in need of an assessment in a manner that enables the qualified assessor or case manager to observe the individual's behavior and ability to perform ADLs and IADLs.

"Facility" means an ALF.

"Independent physician" means a physician who is chosen by an individual residing in the ALF and who has no financial interest in the ALF, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the facility.

"Instrumental activities of daily living" or "IADLs" means for the purposes of this chapter, meal preparation, housekeeping, laundry, and money management. An individual's degree of independence in performing these activities is a part of determining appropriate level of care and services.

"Local department" means any local department of social services in the Commonwealth of Virginia.

"Maximum physical assistance" means that an individual has a rating of total dependence in four or more of the seven activities of daily living as documented on the uniform assessment instrument.

"Medication administration" means for purposes of this chapter, assessing the degree of assistance an individual requires to take medications in order to determine the individual's appropriate level of care.

"Minimal assistance" means dependency in only one ADL or dependency in one or more IADLs as documented on the uniform assessment instrument. Included in this level of services are individuals who are dependent in medication administration as documented on the UAI.

"Moderate assistance" means dependency in two or more ADLs as documented on the UAI.

"Private pay" means that an individual residing in an ALF is not eligible for the Auxiliary Grants Program.

"Prohibited conditions" means physical or mental health conditions or care needs as described in § 63.2-1805 of the Code of Virginia. An ALF shall not admit or allow the continued residence of an individual with a prohibited condition. Prohibited conditions include an individual who requires maximum physical assistance as documented on the uniform assessment instrument and meets nursing facility level of care criteria as defined in the State Plan for Medical Assistance. Unless the individual's independent physician determines otherwise, an individual who requires maximum physical assistance and meets nursing facility level of care criteria as defined on the State Plan for Medical Assistance shall not be admitted to or continue to reside in an ALF.

"Public human services agency" means an agency established or authorized by the General Assembly under Chapters 2 and 3 (§§ 63.2-200 et seq. and 63.2-300 et seq.) of Title 63.2, Chapter 14 (§ 51.5-116 et seq.) of Title 51.5, Chapters 1 and 5 (§§ 37.2-100 et seq. and 37.2-500 et seq.) of Title 37.2, or Article 5 (§ 32.1-30 et seq.) of Chapter 1 of Title 32.1, or hospitals operated by the state under Chapters 22 (§ 23.1-2200 et seq.) and 23 (§ 23.1-2300 et seq.) of Title 23.1 of the Code of Virginia and supported wholly or principally by public funds, including funds provided expressly for the purposes of case management.

"Public pay" means that an individual residing in an ALF is eligible for the Auxiliary Grants Program.

"Qualified assessor" means a person who is authorized to perform an assessment, reassessment, or change in level of care for an individual who is seeking admission to an ALF or who resides in an ALF. For public pay individuals, a qualified assessor is an employee of a public human services agency who is trained in the completion of the uniform assessment instrument and is authorized to approve placement for an individual who is seeking admission to or residing in an ALF. For private pay individuals, a qualified assessor is staff of the ALF trained in the completion of the uniform assessment instrument or an independent physician or a qualified assessor for public pay individuals.

"Reassessment" means an update of information on the UAI after the initial assessment. In addition to an annual reassessment, a reassessment shall be completed whenever there is a significant change in the individual's condition.

"Residential living care" means a level of service provided by an ALF for individuals who may have physical or mental impairments and require only minimal assistance. The definition of residential living care includes the services provided by the ALF to individuals who are assessed as capable of maintaining themselves in an independent living status.

"Significant change" means a change in an individual's condition that is expected to last longer than 30 days. It does not include short-term changes that resolve with or without intervention, a short-term acute illness or episodic event, or a well-established, predictive, cyclic pattern of clinical signs and symptoms associated with a previously diagnosed condition where an appropriate course of treatment is in progress.

"Targeted case management" means the provision of ongoing case management services by an employee of a public human services agency contracting with the Department of Medical Assistance Services to an individual who is receiving an auxiliary grant in an ALF who meets the criteria set forth in 12VAC30-50-470.

"Total dependence" means the individual is entirely unable to participate in the performance of an ADL.

"Uniform assessment instrument" or "UAI" means the department-designated assessment form. There is an alternate version of the uniform assessment instrument that may be used for individuals paying privately to reside in the ALF.

"Virginia Department of Medical Assistance Services" or "DMAS" means the single state agency designated to administer the Medical Assistance Services Program in Virginia.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-10, derived from VR615-46-02 § 1.1, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; Volume 28, Issue 23, eff. August 15, 2012; amended and renumbered as 22VAC30-110-10, Virginia Register Volume 30, Issue 1, effective October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021; Volume 39, Issue 3, eff. October 27, 2022; Volume 40, Issue 8, eff. January 3, 2024.

Part II Assessment Services

22VAC30-110-20 Individuals to be assessed

A. All individuals applying to or residing in an ALF shall be assessed face-to-face using the UAI prior to admission, at least annually, and whenever there is a significant change in the individual's condition.

When the qualified assessor or case manager and individual are unable to be in the same physical space to conduct an assessment due to the individual's location in another state or due to hazardous travel conditions for the qualified assessor or case manager, the use of video conferencing to conduct the assessment shall be permitted.
The appropriate qualified assessor or case manager shall review the assessment with the adult within seven working days of admission to the ALF to ensure all assessment information is accurate.

B. For private pay individuals, qualified staff of the ALF or an independent physician may complete the UAI. Qualified staff are ALF employees who have successfully completed department designated training course on the UAI for either public or private pay assessments. The ALF maintains documentation of the completed training. The administrator or the administrator's designated representative shall approve and sign the completed UAI for private pay individuals. A private pay individual may request the assessment be completed by a qualified public human services agency assessor. When a public human services agency assessor completes the UAI for a private pay individual, the agency may determine and charge a fee for private pay assessments.

C. For public pay individuals, the UAI shall be completed by a case manager or a qualified assessor to determine the need for residential care or assisted living care services. The assessor is qualified to complete the assessment if the assessor has completed the department designated training course on the UAI. Assessors who prior to January 1, 2004, routinely completed UAIs as part of their job descriptions may be deemed to be qualified assessors without the completion of the training course. Qualified assessors who may initially authorize ALF services for public pay individuals are employees of:

Local departments;
Area agencies on aging;
Centers for independent living;
Community services boards or behavioral health authorities;
Local departments of health;
State facilities operated by the Department of Behavioral Health and Developmental Services;
Acute-care hospitals;
Department of Corrections; and
Independent physicians who have a signed provider agreement with DMAS to conduct ALF assessments.

D. For public pay individuals, the ALF shall coordinate with the qualified assessor or case manager to ensure that the UAI is completed as required. If the individual has not been assessed, the local department benefits worker shall inform the individual or the individual's legal representative of the need to be assessed prior to admission. If the individual has not applied for an auxiliary grant, the qualified assessor or case manager conducting the assessment shall inform the individual or the individual's legal representative of the need to submit an application for an auxiliary grant.

E. The cost of ALF assessments conducted by qualified assessors identified in this section for public pay individuals shall be borne by each entity conducting the assessment.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-20, derived from VR615-46-02 § 2.1, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-20, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021; Volume 39, Issue 3, eff. October 27, 2022.

22VAC30-110-30 Determination of services to be provided

A. The assessment shall be conducted using the UAI. The UAI is comprised of a short assessment and a full assessment. The short assessment is designed to briefly assess the individual's need for appropriate level of care and services and to determine if a full assessment is needed.

B. The following sections of the UAI shall be completed as follows:

For private pay individuals, the assessment shall include sections related to identification and background, functional status, which includes ADLs, continence, ambulation, IADLs, medication administration, and behavior pattern. The private pay or public pay UAI may be used.
For public pay individuals, the short form of the UAI shall be completed. The short form consists of sections related to identification and background, and functional status (i.e., the first four pages of the UAI), plus sections on medication administration, and behavior pattern. If, upon assessment, it is determined that the individual is dependent in at least two ADLs or is dependent in behavior, then the full assessment shall be completed.
For private pay and public pay individuals, the prohibited conditions section shall be completed.

C. The UAI shall be completed within 90 days prior to the date of admission to the ALF. If there has been a significant change in the individual's condition since the completion of the UAI that would affect the admission to an ALF, a new UAI shall be completed as specified in 22VAC30-110-20.

D. When an individual moves to an ALF from another ALF, a new UAI is not required except that a new UAI shall be completed whenever there is a significant change in the individual's condition or the most recent UAI was completed more than 12 months ago.

E. In emergency placements, the UAI shall be completed within seven working days from the date of placement. An emergency placement shall occur only when the emergency is documented and approved by (i) a local department adult protective services worker for public pay individuals or (ii) a local department adult protective services worker or independent physician for private pay individuals.

F. The UAI shall be completed annually on all individuals residing in ALFs and whenever there is a significant change in the individual's condition.

G. The ALF shall provide an area for assessments and reassessment to be conducted that ensures the individual's privacy and protects confidentiality.

H. At the request of the ALF, the individual residing in the ALF, the individual's legal representative, the individual's physician, the Virginia Department of Social Services, or the local department, an independent assessment using the UAI shall be completed to determine whether the individual's care needs are being met in the current ALF. An independent assessment is an assessment that is completed by an entity other than the original assessor. The ALF shall assist the individual in obtaining the independent assessment as requested. If the request is for a private pay individual, the entity requesting the independent assessment shall be responsible for paying for the assessment.

I. The assessor shall consult with other appropriate human service professionals as needed to complete the assessment.

J. Qualified assessors who are employees of local departments shall enter ALF assessments in the department designated case management system.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-30, derived from VR615-46-02 § 2.2, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-30, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021; Volume 39, Issue 3, eff. October 27, 2022.

22VAC30-110-40 Discharge

A. ALF staff shall assist the individual and the individual's legal representative in the discharge or transfer process. For public pay individuals, ALF staff shall provide written notification of the individual's date and place of discharge or of the individual's death to the local department benefits worker in the jurisdiction responsible for authorizing the auxiliary grant and the qualified assessor or case manager who conducted the most recent assessment. The ALF shall make these notifications at least 14 calendar days prior to the individual's planned discharge or within five calendar days after the individual's death. In the event of an emergency discharge as specified in 22VAC40-73-430, the notification shall be made as rapidly as possible, but must be made by close of the day following the emergency discharge.

B. Upon issuing a notice of summary order of suspension to an ALF, the Commissioner of the Virginia Department of Social Services or his designee shall contact the appropriate local department to develop a relocation plan. Individuals residing in an ALF whose license has been summarily suspended pursuant to § 63.2-1709 of the Code of Virginia shall be relocated as soon as possible to reduce the risk to their health, safety, and welfare. New assessments of the individuals who are relocating are not required, pursuant to 22VAC30-110-30 D.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-40, derived from VR615-46-02 § 2.3, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-40, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

22VAC30-110-50 Authorization of services to be provided

A. The qualified assessor or case manager is responsible for authorizing public payment to the individual for the appropriate level of care upon admission to and for continued stay in an ALF.

B. The ALF staff shall be knowledgeable of the criteria for level of care in an ALF and are responsible for discharging the individual when the individual does not meet the criteria for level of care in an ALF upon admission or at any later time.

C. The appropriate level of care shall be documented on the UAI, and the UAI shall be completed in a manner consistent with this chapter. The User's Manual: Virginia Uniform Assessment Instrument is the department-designated handbook containing procedures that may be used in completing the UAI.

D. During an inspection or review, staff from the Virginia Department of Social Services or the local department may initiate a change in level of care for any individual residing in the ALF for whom it is determined that the UAI does not reflect the individual's current status.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-50, derived from VR615-46-02 § 2.4, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-50, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

22VAC30-110-60 Criteria for residential living care

Individuals shall meet the criteria for residential living as documented on the UAI when at least one of the following describes their functional capacity:

Rated dependent in only one of seven ADLs (i.e., bathing, dressing, toileting, transferring, bowel function, bladder function, and eating/feeding).
Rated dependent in one or more of four selected IADLs (i.e., meal preparation, housekeeping, laundry, and money management).
Rated dependent in medication administration.

History

Statutory Authority: § 51.5-131 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-60, derived from VR615-46-02 § 2.5, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; renumbered as 22VAC30-110-60, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015.

22VAC30-110-70 Criteria for assisted living care

Individuals shall meet the criteria for assisted living as documented on the UAI when at least one of the following describes their capacity:

Rated dependent in two or more of seven ADLs.
Rated dependent in behavior pattern (i.e., abusive, aggressive, and disruptive).

History

Statutory Authority: § 51.5-131 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-70, derived from VR615-46-02 § 2.6, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; renumbered as 22VAC30-110-70, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015.

22VAC30-110-80 Rating of levels of care on the uniform assessment instrument

A. The rating of functional dependencies on the UAI shall be based on the individual's ability to function in a community environment.

B. For purposes of this chapter, the following abbreviations shall mean: D = dependent; and TD = totally dependent. Mechanical help means equipment or a device or both are used; human help includes supervision and physical assistance. Asterisks (*) denote dependence in a particular function.

Activities of daily living.

a. Bathing.

(1) Without help

(2) Mechanical help only

(3) Human help only* (D)

(4) Mechanical help and human help* (D)

(5) Performed by others* (TD)

b. Dressing.

(1) Without help

(2) Mechanical help only

(3) Human help only* (D)

(4) Mechanical help and human help* (D)

(5) Performed by others* (TD)

(6) Is not performed* (TD)

c. Toileting.

(1) Without help

(2) Mechanical help only

(3) Human help only* (D)

(4) Mechanical help and human help* (D)

(5) Performed by others* (TD)

(6) Is not performed* (TD)

d. Transferring.

(1) Without help

(2) Mechanical help only

(3) Human help only* (D)

(4) Mechanical help and human help* (D)

(5) Performed by others* (TD)

(6) Is not performed* (TD)

e. Bowel function.

(1) Continent

(2) Incontinent less than weekly

(3) Ostomy self-care

(4) Incontinent weekly or more* (D)

(5) Ostomy not self-care* (TD)

f. Bladder function.

(1) Continent

(2) Incontinent less than weekly

(3) External device, indwelling catheter, ostomy, self-care

(4) Incontinent weekly or more* (D)

(5) External device, not self-care* (TD)

(6) Indwelling catheter, not self-care* (TD)

(7) Ostomy, not self-care* (TD)

g. Eating/feeding.

(1) Without help

(2) Mechanical help only

(3) Human help only* (D)

(4) Mechanical help and human help* (D)

(5) Performed by others (includes spoon fed, syringe/tube fed, fed by IV)* (TD)

Behavior pattern.

a. Appropriate

b. Wandering/passive less than weekly

c. Wandering/passive weekly or more

d. Abusive/aggressive/disruptive less than weekly* (D)

e. Abusive/aggressive/disruptive weekly or more* (D)

Instrumental activities of daily living.

a. Meal preparation.

(1) No help needed

(2) Needs help* (D)

b. Housekeeping.

(1) No help needed

(2) Needs help* (D)

c. Laundry.

(1) No help needed

(2) Needs help* (D)

d. Money management.

(1) No help needed

(2) Needs help* (D)

Medication administration.

a. Without assistance

b. Administered/monitored by lay person* (D)

c. Administered/monitored by professional staff* (D)

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-80, derived from VR615-46-02 § 2.8, eff. February 1, 1996; renumbered as 22VAC30-110-80, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

22VAC30-110-90 Actions to be taken upon completion of the uniform assessment instrument

A. Actions to be taken upon completion of the uniform assessment instrument for public pay individuals.

Upon completion of the UAI for initial assessment for admission, a significant change in the individual's condition, or the annual reassessment, the case manager or a qualified assessor shall forward to the local department benefits worker in the appropriate agency of jurisdiction, in the format specified by the department, the effective date of admission or change in level of care. Qualified assessors who are authorized to perform the annual reassessment or a change in level of care for public pay individuals are employees of (i) local departments; (ii) area agencies on aging; (iii) centers for independent living; (iv) community services boards or behavioral health authority; and (v) local departments of health, or an independent physician who has a signed provider agreement with DMAS to conduct assessments.
A completed copy of the UAI, the referral to the local department benefits worker, and other relevant data shall be maintained in the individual's record at the ALF.
The annual reassessment shall be completed by the qualified assessor or case manager conducting the initial assessment. If the original assessor is neither willing nor able to complete the assessment and another assessor is not available, the local department where the individual resides shall be the assessor, except that individuals who receive services from a community service board or behavioral health authority shall be assessed and reassessed by qualified assessors employed by the community services board or behavioral health authority.
The earliest date that an annual reassessment may be completed is 60 calendar days prior to the annual reassessment due date.
After the annual reassessment has been completed, if the individual still meets either residential or assisted living level of care, the qualified assessor or case manager shall offer the individual the choice, based on availability, of housing option pursuant to § 51.5-160 of the Code of Virginia.
The ALF shall notify the community services board or behavioral health authority when UAIs indicate observed behaviors or patterns of behavior indicative of mental illness, intellectual disability, substance abuse, or behavioral disorders, pursuant to § 63.2-1805 B of the Code of Virginia.

B. Actions to be taken upon completion of the uniform assessment instrument for private pay individuals, the ALF shall ensure that assessments for all individuals at admission and at subsequent intervals are completed as required in this chapter. The ALF shall maintain the individual's UAI and other relevant data in the individual's ALF record.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-90, derived from VR615-46-02 § 2.8, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; Volume 28, Issue 23, eff. August 15, 2012; renumbered as 22VAC30-110-90, Virginia Register Volume 30, Issue 1, eff. October 10, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

22VAC30-110-100 Targeted case management for individuals receiving an auxiliary grant

A. Targeted case management shall be limited to those individuals who have multiple needs across multiple providers and this coordination is beyond the scope of the ALF. It shall be the responsibility of the qualified assessor or case manager who identifies the individual's need for residential care or assisted living care in an ALF to assess the need for targeted case management as defined in 12VAC30-50-470.

B. A case management agency shall have signed a provider agreement with DMAS to be reimbursed for the provision of targeted case management for individuals receiving an auxiliary grant.

C. The local department where the individual resides, following admission to an ALF, shall be the case management agency when there is no other qualified case management provider willing or able to provide case management.

D. A qualified case manager shall possess a combination of relevant work experience in human services or health care and relevant education which indicates that the individual possesses the knowledge, skills, and abilities at entry level as defined in 12VAC30-50-470. This must be documented on the case manager's job application form or supporting documentation. When the provider agency is a local department, case managers shall meet the qualifications for family services occupational group as specified in 22VAC40-670-20.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-100, derived from VR615-46-02 § 2.8, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; Volume 28, Issue 23, eff. August 15, 2012; amended and renumbered as 22VAC30-110-100, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

Part III Appeals

22VAC30-110-110 Notifications

Qualified assessors and case managers shall provide to all public pay individuals written notice of the outcome of the assessment or the annual reassessment, including a statement indicating that the local department will notify the individual whether he is eligible to receive the auxiliary grant. An individual who is denied an auxiliary grant because the assessor determines that the individual does not meet the care needs for residential level of care has the right to file an appeal with the Virginia Department of Social Services under § 63.2-517 of the Code of Virginia. Notification of the right to appeal will be included in the notice provided by the local department. A determination that the individual does not meet the criteria to receive targeted case management is an action that is appealable to DMAS in accordance with the provisions of 12VAC30-110.

History

Statutory Authority: §§ 51.5-131 and 51.5-146 of the Code of Virginia.
Historical Notes: Former 22VAC40-745-110, derived from VR615-46-02 § 4.1, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-110, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

Agency 40 Department of Social Services

Chapter 12 Public Participation Guidelines

Part I Purpose and Definitions

22VAC40-12-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Board of Social Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the State Board of Social Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

Part II Notification of Interested Persons

22VAC40-12-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 22VAC40-12-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

Part III Public Participation Procedures

22VAC40-12-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009; amended, Virginia Register Volume 34, Issue 2, eff. November 3, 2017.

22VAC40-12-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

22VAC40-12-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. January 1, 2009.

Chapter 35 Virginia Independence Program

Part I General Provisions

22VAC40-35-5 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Actively seeking employment" means satisfactorily participating in any assigned job-seeking activity while in the program.

"Adult portion" means the TANF amount paid on behalf of the parent or other caretaker-relative with whom the TANF child resides, including a minor parent. This amount is the difference in the standard of assistance for a family size, which includes the adult and the standard of assistance for a family size of one less person.

"Agreement" means the written individualized agreement of personal responsibility required by § 63.2-608 of the Code of Virginia.

"Allotment" means the monthly SNAP benefit given to a household.

"Applicant" means a person who has applied for TANF or TANF-UP benefits and the disposition of the application has not yet been determined.

"Assistance unit" means those persons who have been determined categorically and financially eligible to receive assistance.

"Caretaker-relative" means the natural or adoptive parent or other relative, as specified in 45 CFR 233.90(c)(1)(v), who is responsible for supervision and care of the needy child.

"Case management" means the process of assessing, coordinating, monitoring, delivering, or brokering activities and services necessary for VIEW participants to enter employment or employment-related activities as quickly as possible.

"Case management services" means services that include, but are not limited to, job development and job placement, community work experience, education, skills training, and support services.

"Case manager" means the worker designated by the local department of social services, a private-sector contractor or a private community-based organization including nonprofit entities, churches, or voluntary organizations that provide case management services.

"Child care" means those services for which a participant is eligible pursuant to child care services policy.

"Child care services/program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of children under the age of 13 (or children up to 18 years of age if they are physically or mentally incapable of caring for themselves or subject to court supervision) for less than a 24-hour period.

"Community work experience" means work for benefits in a public or private organization that serves a community/public function.

"Department" means the Virginia Department of Social Services.

"Diversionary cash assistance" means a one-time lump sum payment to an individual or third-party vendor to prevent long-term receipt of TANF.

"Division of Child Support Enforcement" or "DCSE" means that division of the Virginia Department of Social Services that is responsible under Title IV-D of the Social Security Act (42 USC §§ 651-669) to locate noncustodial parents, establish paternity, establish child support and health care orders, enforce payment of delinquent support, and collect and distribute support payments.

"Employer tax credit" means a tax credit available to an employer pursuant to § 58.1-439.9 of the Code of Virginia.

"Family" means a TANF assistance unit.

"Full Employment Program" or "FEP" means subsidized, training-oriented, employment that replaces the TANF benefits of a participant. This component of VIEW is designed to train the recipient for a specific job, increase his self-sufficiency, and improve his competitiveness in the labor market.

"Grant" means the monthly TANF benefit payment.

"Hardship exceptions" means prescribed reasons that, if applicable, would allow an extension of receipt of TANF benefits.

"He" means a male or female, as applicable.

"Hiring authority" means an individual with the authority to hire employees for a business.

"In loco parentis" means an adult relative or other adult who is acting in place of a parent.

"Incapacitated" means a medically verified condition which renders an individual unable to work.

"Job placement" means placing a participant in an unsubsidized or subsidized job.

"Job search" means a structured, time-limited period in which the participant is required to search for employment. The participant must complete a set number of hours searching for employment.

"Job skills training" means training in technical job skills or required knowledge in a specific occupational area in the labor market.

"Local agency" or "local department" means any one of the local social services or welfare agencies throughout the Commonwealth that administers the VIP program.

"Minor parent" means any parent under 18 years of age.

"On-the-job training" means training that is provided by an employer during routine performance of a job.

"Parent" means a mother or father, married or unmarried, natural, or adoptive following entry of an interlocutory order. The parent may be a minor parent.

"Participant" means a TANF or TANF-UP recipient who is participating in the VIEW program.

"Participating family" means an assistance unit including a parent who participates in the Virginia Initiative for Employment not Welfare (VIEW) Program.

"Part-time unsubsidized employment" means employment of at least 10 hours but less than 30 hours per week and for which no VIEW or TANF funds are used to pay the individual's salary.

"Post-secondary education" means formal instruction at an institution of higher education or vocational school leading to the attainment of a certificate, an associate degree, or a baccalaureate degree.

"Recipient" means an individual who is presently receiving a TANF assistance payment or whose eligibility exists even though the assistance payment is zero.

"Recipient family" means an assistance unit in which the caretaker-relative is a parent of the eligible child and the parent's needs may or may not be included on the grant.

"Relative" means spouse, child, grandchild, parent, or sibling of an applicant or recipient.

"Sanction" means to reduce or suspend a participant's TANF grant, where applicable, for noncompliance with these regulations or the statute.

"School" means (i) any public school from kindergarten through grade 12 operated under the authority of any locality within this Commonwealth or (ii) any private or parochial school that offers instruction at any level or grade from kindergarten through grade 12.

"Supplemental Nutrition Assistance Program" or "SNAP" means the program administered through the Virginia Department of Social Services through which a household receives assistance to purchase food.

"Support services" means services such as child care or transportation provided to program participants to enable the participant to work or to receive training or education that are intended to lead to employment.

"Temporary Assistance for Needy Families" or "TANF" means the program authorized in § 406 of the Social Security Act (42 USC § 606) and administered by the Virginia Department of Social Services, through which a relative can receive monthly cash assistance for the support of his eligible children.

"Temporary Assistance for Needy Families-Unemployed Parent" or "TANF-UP" means the program authorized in § 63.2-602 of the Code of Virginia and administered by the Virginia Department of Social Services, which provides aid to two-parent families with dependent children who are in financial need.

"Time limitations" means a specified period of time, under the statute, to receive TANF.

"Transitional support services" means child care, transportation, medical assistance or employment and training services provided to working participants whose TANF has been terminated either voluntarily, although still eligible for TANF, or involuntarily, due to time limitations.

"Truant" means a child who (i) fails to report to school for three consecutive school days, or for a total of five scheduled school days per month or an aggregate of seven scheduled school days per school calendar quarter, whichever occurs sooner, and no indication has been received by school personnel that the child's parent or guardian is aware of the child's absence, and a reasonable effort by school personnel to notify the parent or guardian has failed; or (ii) is not enrolled in school at any time during the month.

"Underemployed" means working at a job for less than the federal hourly minimum wage.

"Unsubsidized employment" means employment in which no government funds are used to subsidize directly the wages earned by a participant.

"Virginia Independence Program" or "VIP" means the program in the Commonwealth of Virginia that is made up of the TANF Program and the Virginia Initiative for Employment not Welfare.

"Virginia Initiative for Employment not Welfare" or "VIEW" means the employment program for TANF recipients.

"Work activity" means participation in unsubsidized employment, FEP, part-time work, community work experience, on-the-job training, job search, job readiness, community service, job skills training directly related to employment, satisfactory attendance at secondary school, or in a course of study leading to a certificate of general equivalence.

History

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 17, Issue 5, eff. December 20, 2000; Volume 17, Issue 10, eff. February 28, 2001; Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009; Volume 30, Issue 20, eff. July 18, 2014.

Part II Eligibility Requirements

22VAC40-35-20 Cooperation in obtaining support

A. As a condition of eligibility, each applicant for or recipient of TANF shall be required to cooperate (unless good cause for refusing to do so is determined to exist in accordance with federal regulations at 45 CFR 232.40 through 232.43). Cooperation shall mean all of the following actions necessary for the identification and location of noncustodial parents and the establishment and collection of child support owed to the person applying for or receiving public assistance:

Identifying the parent of a child for whom aid is requested. The applicant or recipient shall provide, under penalty of perjury, the first and last name of the individual against whom paternity or an obligation to provide support is sought to be established, modified, or enforced. If the applicant or recipient is not certain of the child's paternity, he shall identify all individuals with whom the mother had sexual intercourse who may be the father.
Providing, under penalty of perjury, additional informational items sufficient to verify the parent's identity including, at a minimum, three of the following: the noncustodial parent's social security number; race; date of birth; place of birth; telephone number; address; schools attended; occupation; employer; driver's license number; make and model of motor vehicle; motor vehicle license plate number; places of social contact; banking institutions utilized; and names, addresses or telephone number of parents, friends, or relatives.
Appearing at an office of the local social services agency or the Division of Child Support Enforcement as necessary to provide verbal or written information or documentary evidence known to, possessed by, or reasonably attainable by the applicant.
Appearing as a witness at judicial or administrative hearings or proceedings.

B. If the caretaker-relative is not a parent of the child for whom aid is requested or received, subdivisions A 1 and 2 of this section shall not be required.

C. If the parent is unsure of the identity of the father of the child, she is to name all potential persons who may be the father of the child. The Division of Child Support Enforcement will provide paternity testing for up to five potential fathers at its expense. After five potential fathers have been tested, the parent must assume full responsibility for any additional testing. If the parent fails or refuses to pay for further paternity testing, this will be considered to be noncooperation.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-30 Cooperation in establishing paternity

A. As a condition of eligibility, the caretaker-relative shall cooperate, as defined in 22VAC40-35-20, with the Division of Child Support Enforcement (DCSE) and the local department of social services in establishing paternity.

B. If the caretaker-relative does not cooperate, the adult portion of the grant shall be denied or terminated until the individual has disclosed the required information.

C. If, after six months of receipt of TANF, paternity has not been established and the local department determines that the caretaker-relative is not cooperating in establishing paternity, the local department shall terminate the entire grant for a minimum of one month and until cooperation has been achieved. An individual whose TANF case was terminated due to such noncooperation must cooperate and file a new application for TANF to receive further benefits.

History

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 30, Issue 20, eff. July 18, 2014.

22VAC40-35-40 Diversionary assistance program eligibility criteria

A. An assistance unit shall be eligible to receive diversionary cash assistance if:

Verification is provided to the local department of social services that the assistance unit has a temporary loss of income or delay in starting to receive income resulting in an emergency;
The assistance unit meets TANF requirements specified in § 63.2-617 of the Code of Virginia; and
The local department of social services determines that diversionary assistance will resolve the emergency.

B. The amount of assistance provided shall be up to the maximum TANF amount for 120 days that the family would otherwise be eligible to receive, or $1,500, whichever is greater. The amount of the payment is based on immediate needs of the applicant. Local agencies shall strive to provide the most cost-effective solution to the one-time emergency.

C. If an assistance unit receives a diversionary assistance payment, all assistance unit members shall be ineligible for TANF for 1.33 times the number of days for which assistance is granted, beginning with the date that the diversionary assistance is issued.

D. An assistance unit shall be eligible to receive diversionary assistance once in a 12-month period.

E. Receipt of diversionary assistance is voluntary.

F. Local social services agencies shall determine eligibility for diversionary assistance within five working days of the receipt of the final verification that substantiates eligibility, or within 30 days of the date of the receipt of the signed application, whichever occurs first.

History

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009; Volume 25, Issue 23, eff. August 19, 2009; Volume 30, Issue 20, eff. July 18, 2014; Volume 37, Issue 2, eff. October 15, 2020.

22VAC40-35-50 School attendance

A. The Virginia Department of Social Services shall develop procedures with the Department of Education to receive notification from local school divisions of any student who is truant. If notification is received from another source, the local department shall verify such truancy by contacting the school.

B. When verified by the school of such truancy, the local social services department shall do the following:

The local department shall send a written notice to the caretaker-relative advising him that the truant recipient is in jeopardy of losing eligibility for TANF benefits. The caretaker-relative must contact the local department within five days of the notice to cooperate in developing a plan to achieve compliance with compulsory school attendance laws. The notice must also specify that failure to contact the local department may result in the truant recipient's ineligibility for TANF due to noncooperation.
If the caretaker-relative fails to respond within five days of the notice, the local department shall make a personal contact which may include a direct telephone contact with the caretaker-relative to explain the requirement to develop a plan to return the child to school and the result of not cooperating with the requirement.
If the local department is unable to make personal contact, the local department shall mail a written advance notice of proposed action to the caretaker-relative advising that TANF benefits will be reduced if the caretaker-relative fails to contact the local department to develop a plan to return the child to school.

C. If the local department of social services denies or terminates TANF for noncompliance, the caretaker-relative shall notify the local department in writing of the truant individual's compliance with this section and file a new application for TANF. The local department shall verify compliance by contacting the school.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-60 Minor parent residency requirement

A. To be eligible to receive TANF, a minor parent shall reside in the home maintained by his parent or person standing in loco parentis unless he meets the good cause exception outlined in subsection B of this section. The local department shall ensure that the following priority order for the minor parent's living arrangements is considered: in a home maintained by a parent, other adult relative, legal guardian, or other adult determined by the department to be acting in place of a parent.

B. The minor parent residency requirement shall not apply if the local department of social services determines, by clear and convincing evidence, that the physical or emotional health or safety of the minor parent or his dependent child would be jeopardized if the minor parent and dependent lived in the same residence with the minor parent's parent or person standing in loco parentis. Such a claim shall be corroborated by evidence such as court, medical, criminal, child protective services, psychological, or law-enforcement records.

C. The local department of social services shall maintain a list of available housing to be used to refer a minor parent who is in need of an adult-supervised supportive living arrangement. If the local department of social services makes a referral, it will be deemed that the local department has made diligent efforts to locate such housing.

D. As a condition of eligibility, the minor parent shall reside at the local housing to which he is referred by the local department.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009; repealed, Virginia Register Volume 37, Issue 2, eff. October 15, 2020.

Part III Virginia Initiative for Employment Not Welfare (VIEW)

22VAC40-35-80 Participant eligibility

A. The following individuals shall be exempt from mandatory participation in VIEW:

Any individual, including all minor caretakers, under 16 years of age.
Any individual at least 16 but no more than 19 years of age who is enrolled full time in elementary or secondary school, including career and technical education programs. The career and technical education program must be equivalent to secondary school. Whenever feasible, such recipients should participate in summer work.
Any individual unable to participate because of a temporary medical condition that prevents entry into employment or training. Such individuals must provide to the local department a written statement from a physician to specify that he is incapacitated, the nature and scope of the incapacity, and the duration of the incapacity.
Any individual who is receiving Social Security Disability Benefits or Supplemental Security Income.
Any individual who is the sole caregiver of another member of the household who is incapacitated, and whose presence is essential for the care of the other member on a substantially continuous basis. Incapacity is determined by receipt of Social Security Disability Benefits, Supplemental Security Income, or a written medical statement from a physician.
Any individual who is age 60 or older.
A parent of a child under 12 months of age who personally provides care for the child. A parent exempt from mandatory participation in VIEW shall be exempt for no more than 12 months for this reason. Months during which a person is exempt may be consecutive or nonconsecutive. A parent of a child not considered part of the TANF public assistance unit due to the provisions listed in § 63.2-604 of the Code of Virginia may be granted a temporary exemption of not more than six weeks after the birth of such child.

B. Nonparents who receive TANF shall participate in VIEW if not otherwise exempt.

C. Pregnant women shall participate in VIEW if not otherwise exempt. Pregnant women shall be assigned to job readiness, training, and educational activities during the last trimester of pregnancy.

D. TANF recipients who meet an exemption from participation in VIEW may volunteer for the program.

History

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009; Volume 30, Issue 20, eff. July 18, 2014.

22VAC40-35-90 Services

A. The participant shall have the primary responsibility to arrange transportation to be employed or participate in activities required by the Agreement of Personal Responsibility. Transportation shall be provided only when the participant is unable to make the necessary arrangements.

B. The local departments may provide those services itemized in § 63.2-611 B of the Code of Virginia.

C. Transitional employment and training services shall be through the VIEW program to certain individuals.

Transitional employment and training services can be provided if the following criteria are met:

a. The individual is already employed or the provisions of the employment and training services would allow the individual to become reemployed within 60 days.

b. The activities are designed to maintain employment income, increase employment income or prevent the loss of employment income by the participant.

c. The individual had been enrolled in the VIEW program.

d. The TANF case of which the individual was a member is closed.

e. The case had not been in a VIEW sanction at the time of closure.

f. The individual has not completed an associate degree or four-year degree.

The individual can only receive up to 12 months of transitional employment and training services available through the VIEW program.
The individual shall enroll in an activity which can be completed within the 12-month time period.
An individual can only be enrolled in an activity if approved by a VIEW employment services worker.
Individuals may be enrolled only in education and training activities for which there are jobs in the community or jobs are projected to become available in the community.
Continued enrollment in education and skills training activities is dependent upon meeting the satisfactory progress requirements for participation in these activities.

a. For education below the post-secondary level (Adult Basic Education and General Equivalency Diploma), the individual must obtain one grade level increase every three months.

b. For certificate and job skills training activities, the participant must meet the satisfactory progress requirements of the institution providing the training.

Participants shall not be assigned to FEP (Full Employment Program).

D. A VIEW participant shall be eligible for a transitional job retention assistance payment of $50 per month for up to one year after the end of TANF cash assistance. To qualify the participant shall:

Be employed at the end of TANF cash assistance;
Maintain employment of at least 30 hours per week; and
Provide verification of earnings and continued employment of at least 30 hours per week.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 17, Issue 10, eff. February 28, 2001; Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-100 VIEW activities

A. VIEW recognizes that parents have the obligation to support their children through employment.

B. VIEW shall recognize clearly defined responsibilities and obligations on the part of public assistance recipients. VIEW shall require an Agreement of Personal Responsibility and the obligation to seek and obtain employment. Refusal to sign the Agreement of Personal Responsibility shall result in termination of TANF. The Agreement of Personal Responsibility shall be written for each nonexempt participant specifying, among other applicable requirements, the following:

The participant's obligations and responsibilities:

a. That it is the participant's responsibility to seek employment to support his own family.

b. That it is the participant's responsibility to participate in assignments made by the case manager.

c. That it is the participant's responsibility to notify the case manager of any change in the participant's circumstances that would impact the participant's ability to satisfactorily participate in the program.

d. That it is the participant's responsibility to accept offers of suitable employment. Refusal to accept offers of suitable employment will result in the loss of the participant household's TANF.

e. That it is the participant's responsibility to arrange and find transportation and child care. The agency will provide for transportation and child care, to the extent funding is available, only when the participant is unable to make his own arrangements.

Explanation of the two-year time limit.

C. Modification of the Agreement of Personal Responsibility shall not impact or change the two-year time limit for receipt of TANF benefits.

D. A VIEW participant who does not meet an exemption shall be required to participate in a work activity. The department shall ensure that participants are assigned to one of the following employment categories after TANF eligibility determination and entry into the VIEW program:

Unsubsidized private sector employment (full-time, part-time, or temporary) is the preferred employment category. A participant shall be required to accept any offers of suitable employment as defined in § 60.2-618 of the Virginia Unemployment Compensation Act.
Subsidized employment as follows:

a. The department shall conduct a work activity that shall be known as the Full Employment Program (FEP), which shall replace TANF benefits with subsidized employment.

b. The local department, employer, and the full employment participant shall sign a written agreement. At the expiration of this full employment agreement or when the participant leaves FEP, he will be reassessed and a modified Activity and Service Plan will be developed to reassign the participant to an appropriate employment category.

c. The employer is reimbursed for the wages paid to the participant up to the value of the participant's TANF benefits as contained in the agreement signed between the department and the employer.

(1) The employer subsidy will be based on the actual hours the participant works.

(2) The value of the participant's TANF benefits will be based on the benefits received over the period of assignment to a Full Employment Program placement.

Community work experience.

a. The participant can be placed into community work experience. Job placements shall serve a useful public purpose as provided in § 482 (f) of the Social Security Act (42 USC § 682 F).

b. The department and local departments shall work with other state, regional, and local agencies and governments in developing job placements. Placements shall be selected to provide skills that will make the participant more employable and serve a public function. Participation in community work experience shall be for an initial period of six months. Program participants shall not displace regular workers.

c. At the expiration of the community work experience assignment or when the participant leaves community work experience, he will be reassessed and a modified Activity and Service Plan will be developed to reassign the participant to an appropriate employment category.

d. There shall be no sick leave benefit attached to this component since participants work in exchange for their TANF and SNAP benefits. Participants who are ill or incapacitated will continue to receive their benefits.

In order to be considered a work activity in VIEW, on-the-job training must be provided by an employer. This is typically employer-required unpaid training by an employer that must be completed before an individual will be hired.

E. Other VIEW activities include:

Education.

a. Education may only be provided in conjunction with work-related activities during the participant's two-year time period.

(1) Educational activities can be substituted for community work experience hours during the participant's initial six-month placement in community work experience. The participant must be engaged in community work experience for at least 20 hours per week in addition to the educational activities. After six months of participation in community work experience, the number of hours required in the work activity can be reduced to allow participation in education to further the participant's employability.

(2) Participants who enroll into education or training programs prior to coming in VIEW shall be required to meet the requirements of the program.

b. Post-secondary education. Participants assigned to post-secondary education should have demonstrated the capability to successfully complete the educational activity in the prescribed time period in an occupational area for which there is demand in the community.

Job skills training may only be provided in conjunction with work-related activities during the participant's two-year time period. The choice of occupational skills training offered will vary in each jurisdiction depending upon local labor market conditions. However, skills training must be related to the types of jobs that are available or are likely to become available in the community.
Job search and job readiness.
Community service.
Vocational education.

History

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 261.22.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 23, Issue 23, eff. September 1, 2007; Volume 25, Issue 19, eff. July 1, 2009; Volume 30, Issue 20, eff. July 18, 2014.

22VAC40-35-110 Sanctions

Local departments of social services shall be authorized to sanction participants in the TANF Program up to the full amount of the TANF grant for noncompliance, without good cause as defined by the State Plan, as follows:

A participant assigned to the Full Employment Program who does not work the required hours will only be paid for the actual hours worked. Participants that are terminated from FEP by the employer due to problems with attendance or performance or both will be sanctioned the full amount of the TANF grant.
A recipient assigned to VIEW who is determined to be in noncompliance with the VIEW Program shall be sanctioned as follows:

a. For the first offense, the full amount of TANF benefits for the family shall be suspended for at least one calendar month or until the individual complies with the program requirements, whichever is longer.

b. For the second offense, the full amount of TANF benefits for the family shall be suspended for at least three calendar months or until the individual complies with the program requirements, whichever is longer.

c. For the third or subsequent offenses, the full amount of TANF benefits for the family shall be suspended for at least six calendar months or until the individual complies with the program requirements, whichever is longer.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-120 Hardship exceptions

A. In certain circumstances, hardship exceptions may be made to the time limitations for receipt of TANF benefits. A request for a hardship exception may be made by an individual who is either a current VIEW participant in the 60-day period prior to the closure of the TANF case due to the receipt of 24 months of TANF benefits or a former VIEW participant in the period of ineligibility following the receipt of 24 months of TANF benefits. If the participant requests a hardship exception, the local department shall make an evaluation of participation while in VIEW and, if applicable, the period of ineligibility after VIEW participation. This evaluation will determine if a hardship exception may be granted to allow the participant to continue receiving TANF and to continue to participate in VIEW after the receipt of 24 months of TANF benefits. Once a participant has exhausted the time limit extended to him under a hardship exception, he may not apply for another extension based upon the same hardship.

A participant is not eligible for a hardship exception unless he has complied with the requirements of the program, which are satisfactory participation in assigned program activities, not having been sanctioned more than once during the two-year period for failing to comply with the requirements of the program, and not leaving a job, without good cause as defined by the State Plan, at any time during the program. Former participants will not be eligible for a hardship exception unless the individual has complied with the requirements of the program while in VIEW and has not lost employment as a result of factors unrelated to his job performance since entering the period of ineligibility. Factors unrelated to job performance are defined as those situations in which the Virginia Employment Commission would determine that the individual would be eligible for unemployment compensation if the participant had worked sufficient hours to qualify.

B. If the above criteria are met, a hardship exception may be granted by the local agency for up to one year if one of the following conditions exists:

If the unemployment rate in the participant's locality for the two most recent quarters for which data is available from the Virginia Employment Commission prior to the individual's request for a hardship exception was 10% or greater. In order to qualify for this exception the participant must also be actively seeking employment as defined in § 60.2-612 of the Code of Virginia.
If extension of benefits for up to one year will enable a participant to complete employment-related education or training and the participant had been making satisfactory progress per program requirements.

Participants granted a hardship exception under this subsection shall be reevaluated at least every 90 days to determine if a basis for the hardship exception continues to exist. If a hardship exception is granted, the participant must continue to participate in the program and work activities.

C. A hardship exception shall be granted, if the local department determines that the participant meets all criteria, for up to 90 days if the following conditions exist:

If the participant has been actively seeking employment by engaging in job-seeking activities required pursuant to § 60.2-612 of the Code of Virginia and is unable to find employment that would, in combination with any other income sources of assistance that the individual is receiving, pay an amount equal to or exceeding the case's TANF cash benefits and standard work deduction. The local department may extend benefits for up to 90 days to allow the participant to find employment.
If the program participant loses his job as a result of factors unrelated to his job performance. Factors unrelated to job performance are defined as those situations in which the Virginia Employment Commission would determine that the individual would be eligible for unemployment compensation if the participant had worked sufficient hours to qualify. The local department may extend benefits for up to 90 days to allow the participant to find employment.

Extensions of hardship exceptions will be granted in this subsection in very limited circumstances and only to those persons who demonstrate an extreme hardship. The local department shall refer the case to the Commissioner of the Virginia Department of Social Services or designee. The commissioner or designee shall evaluate each request individually and grant or deny the request for an extension. The commissioner or designee will reevaluate the individual's case as it determines necessary, but at least every 90 days, in order to determine whether the conditions justifying the exception continue to exist.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-125 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 6, eff. January 6, 1999; amended, Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-126 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-127 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

22VAC40-35-128 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 5, eff. December 20, 2000; repealed, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

Part IV Appeals

22VAC40-35-130 Appeals process

A participant aggrieved by the decision of a local board granting, denying, changing, or discontinuing assistance may appeal such decision pursuant to § 63.2-517 of the Code of Virginia. A participant cannot appeal the provisions of the Agreement of Personal Responsibility which was mutually developed by the participant and the local agency.

History

Statutory Authority: § 63.2-217 the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 15, eff. July 1, 1996; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

Chapter 61 Standards and Regulations for Licensed Adult Day Centers

Part I General Provisions

22VAC40-61-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Activities of daily living" or "ADLs" means bathing, dressing, toileting, transferring, bowel control, bladder control, eating, and feeding. A person's degree of independence in performing these activities is a part of determining required care needs and necessary services.

"Administer medication" means to open a container of medicine or to remove the ordered dosage and to give it to the participant for whom it is ordered in such a manner as is ordered or is appropriate.

"Adult" means any person 18 years of age or older.

"Adult day center" or "center" means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged or infirm or who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services and (ii) the home or residence of an individual who cares for only persons related to the individual by blood or marriage. Included in this definition are any two or more places, establishments, or institutions owned, operated, or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more adults who are aged or infirm or who have disabilities.

"Advance directive" means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54.1-2983 of the Code of Virginia or (ii) a witnessed oral statement, made by the declarant subsequent to the time the declarant is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 54.1-2983 of the Code of Virginia.

"Ambulatory" means the condition of a participant who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as described in 13VAC5-63, the Virginia Uniform Statewide Building Code, without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such participant may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate.

"Business entity" means an individual or sole proprietor, association, partnership, limited liability company, business trust, corporation, public agency, or religious organization.

"Chapter" or "this chapter" means these regulations, that is, Standards and Regulations for Licensed Adult Day Centers, 22VAC40-61, unless noted otherwise.

"Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the participant's medical symptoms or symptoms from mental illness or intellectual disability and that prohibits an individual from reaching the participant's highest level of functioning.

"Communicable disease" means an illness that spreads from one person to another or from an animal to a person.

"CPR" means cardiopulmonary resuscitation.

"Department" means the Virginia Department of Social Services.

"Dietary supplement" means a product intended for ingestion that supplements the diet, is labeled as a dietary supplement, is not represented as a sole item of a meal or diet, and contains a dietary ingredient, for example, vitamins, minerals, amino acid, herbs or other botanicals, dietary substances (such as enzymes) and concentrates, metabolites, constituents, extracts, or combinations of the preceding types of ingredients. "Dietary supplements" may be found in many forms, such as tablets, capsules, liquids, or bars.

"Direct care staff" means supervisors, assistants, aides, or other staff of a center who assist participants in the performance of personal care or ADLs.

"Director" means the qualified person who has been delegated responsibility for the programmatic and administrative functions of the adult day center.

"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

"Good character and reputation" means findings have been established that the individual (i) maintains business or professional and community relationships that are characterized by honesty, fairness, truthfulness, and dependability and (ii) has a history or pattern of behavior that demonstrates the individual is suitable and able to administer a program for the care, supervision, and protection of adults.

"Legal representative" means a person legally responsible for representing or standing in the place of the participant for the conduct of the participant's affairs. "Legal representative" may include a guardian, conservator, attorney-in-fact under durable power of attorney, trustee, or other person expressly named by a court of competent jurisdiction or the participant as the participant's agent in a legal document that specifies the scope of the representative's authority to act. A legal representative may only represent or stand in the place of a participant for the function for which the legal representative has legal authority to act. A participant is presumed competent and is responsible for making all health care, personal care, financial, and other personal decisions that affect the participant's life unless a representative with legal authority has been appointed by a court of competent jurisdiction or has been appointed by the participant in a properly executed and signed document. A participant may have different legal representatives for different functions. For any given standard, the term "legal representative" applies solely to the legal representative with the authority to act in regard to the function relevant to that particular standard.

"Licensed health care professional" means any health care professional currently licensed by the Commonwealth of Virginia to practice within the scope of that health care professional's profession, such as a nurse practitioner, registered nurse, licensed practical nurse (nurses may be licensed or hold multistate licensure pursuant to § 54.1-3000 of the Code of Virginia), clinical social worker, dentist, occupational therapist, pharmacist, physical therapist, physician, physician assistant, psychologist, and speech-language pathologist. Responsibilities of physicians referenced in this chapter may be implemented by nurse practitioners or physician assistants in accordance with their protocols or practice agreements with their supervising physicians and in accordance with the law.

"Licensee" means the business entity to whom a license is issued and who is legally responsible for compliance with the laws and regulations related to the center. A license may not be issued in the name of more than one business entity.

"Mandated reporter" means a person specified in § 63.2-1606 of the Code of Virginia who is required to report matters giving reason to suspect abuse, neglect, or exploitation of an adult.

"Mental impairment" means a disability that reduces an individual's ability to reason logically, make appropriate decisions, or engage in purposeful behavior.

"Nonambulatory" means the condition of a participant who by reason of physical or mental impairment is not capable of self-preservation without the assistance of another person.

"Participant" means an adult who takes part in the program of care and receives services from the center.

"Physical restraint" means any manual method or physical or mechanical device, material, or equipment attached or adjacent to the participant's body that the participant cannot remove easily, which restricts freedom of movement or access to the participant's body.

"Physician" means an individual licensed to practice medicine or osteopathic medicine in any of the 50 states or the District of Columbia.

"Significant change" means a change in a participant's condition that is expected to last longer than 30 days. "Significant change" does not include short-term changes that resolve with or without intervention, a short-term acute illness or episodic event, or a well-established, predictive, cyclic pattern of clinical signs and symptoms associated with a previously diagnosed condition where an appropriate course of treatment is in progress.

"Staff" or "staff person" means personnel working at a center who are compensated or have a financial interest in the center, regardless of role, service, age, function, or duration of employment at the center. "Staff" or "staff person" also includes those individuals hired through a contract with the center to provide services for the center.

"Standard precautions" means a set of basic infection prevention practices intended to prevent transmission of infectious diseases from one person to another. These practices are applied to every person at every contact to ensure that transmission of disease does not occur.

"Volunteer" means a person who works at the center who is not compensated. "Volunteer" does not include a person who, either as an individual or as part of an organization, is only present at or facilitates group activities on an occasional basis or for special events.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-20 Requirements of law and applicability

A. Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia includes requirements of law relating to licensure, including licensure of adult day centers.

B. This chapter applies to adult day centers as defined in § 63.2-100 of the Code of Virginia and in 22VAC40-61-10.

C. All programs, processes, plans, policies, or procedures required by this chapter must be in writing and must be implemented.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-30 Program of care

There shall be a program of care that:

Meets the participants' physical, intellectual, emotional, psychological, and spiritual needs;
Promotes the participants' highest level of functioning;
Provides protection, guidance, and supervision;
Promotes a sense of security, self-worth, and independence;
Promotes the participants' involvement with activities and services; and
Reduces risk in the caregiving environment.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-40 [Reserved]

History

Statutory Authority: § of the Code of Virginia.
Historical Notes: Reserved, Virginia Register Volume 36, Issue 2, eff. December 29, 2019.

22VAC40-61-50 Participant rights and responsibilities

A. All participants shall be guaranteed the following:

The right to be treated as an adult, with consideration, respect, and dignity, including privacy in treatment and care of personal needs.
The right to participate in a program of services and activities designed to interest and engage the participant and encourage independence, learning, growth, awareness, and joy in life.
The right to self-determination within the center setting, including the opportunity to:

a. Participate in developing or changing one's plan of care;

b. Decide whether or not to participate in any given activity;

c. Be involved to the extent possible in program planning and operation;

d. Refuse treatment and be informed of the consequences of such refusal; and

e. End participation at the center at any time.

The right to a thorough initial assessment, development of an individualized participant plan of care, and a determination of the required care needs and necessary services.
The right to be cared for in an atmosphere of sincere interest and concern in which needed support and services are provided.
The right to a safe, secure, and clean environment.
The right to receive nourishment and assistance with meals as necessary to maximize functional abilities and quality and enjoyment of life.
The right to confidentiality and the guarantee that no personal or medical information or photographs will be released to persons not authorized under law to receive it without the participant's written consent.
The right to voice or file grievances about care or treatment and to make recommendations for changes in the policies and services of the center, without coercion, discrimination, threats, or reprisal for having voiced or filed such grievances or recommendations.
The right to be fully informed, as documented by the participant's written acknowledgment, of all participant rights and responsibilities and of all rules and regulations regarding participant conduct and responsibilities.
The right to be free from harm or fear of harm, including physical or chemical restraint, isolation, excessive medication, and abuse or neglect.
The right to be fully informed, at the time of acceptance into the program, of services and activities available and related charges.
The right to communicate with others and be understood by them to the extent of the participant's capability.

B. The rights of participants shall be printed in at least 14-point type and posted conspicuously in a public place in the center.

C. The center shall make its policies and procedures available and accessible to participants, relatives, agencies, and the general public.

D. Each center shall post the name and telephone number of the appropriate regional licensing administrator of the department; the Adult Protective Services toll-free telephone number; the toll-free telephone number of the Virginia Long-Term Care Ombudsman Program and any local ombudsman program servicing the area; and the toll-free telephone number of the disAbility Law Center of Virginia.

E. The rights and responsibilities of participants shall be reviewed annually with each participant, or, if a participant is unable to fully understand and exercise his rights and responsibilities, the annual review shall include his family member or his legal representative. Evidence of this review shall include the date of the review and the signature of the participant, family member, or legal representative and shall be included in the participant's file.

F. A participant shall be assumed capable of understanding and exercising these rights and responsibilities unless a physician determines otherwise and documentation is contained in the participant's record.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part II Administration

22VAC40-61-60 Requirements for licensee

A. The licensee shall ensure compliance with all regulations for licensed adult day centers and terms of the license issued by the department; with relevant federal, state, or local laws; with other relevant regulations; and with the center's own policies and procedures.

B. The licensee shall:

Be of good character and reputation;
Protect the physical and mental well-being of the participants;
Keep such records and make such reports as required by this chapter for licensed adult day centers. Such records and reports may be inspected by the department's representative at any reasonable time in order to determine compliance with this chapter;
Meet the qualifications of the director if the licensee assumes those duties;
Act in accordance with General Procedures and Information for Licensure (22VAC40-80);
Ensure that the current license is posted in the center in a place conspicuous to the participants and the public; and
Be responsible for the overall planning of the program and services to be provided by the center, including the following:

a. Develop and keep current a statement of the purpose and scope of the services to be provided by the center, a description of adults who may be accepted into the program as well as those whom the program cannot serve, and policies and procedures under which the center will operate.

b. Appoint and identify in writing a qualified director to be responsible for the day-to-day operation and management of the center. When the business entity is an individual who serves as the director, this shall also be noted in writing.

c. Provide an adequate number of qualified staff capable of carrying out the operation of the program and develop a staffing plan that includes a staffing schedule.

d. Develop policies and procedures for the selection and supervision of volunteers.

e. Develop a written organizational chart indicating chain of command.

f. Make certain that when it is time to discard records, the records are disposed of in a manner that ensures confidentiality.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-70 Liability insurance

The center shall maintain public liability insurance for bodily injury with a minimum limit of at least $1 million for each occurrence or $1 million aggregate. Evidence of insurance coverage shall be made available to the department's representative upon request.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-80 Electronic records and signatures

A. Use of electronic records or signatures shall comply with the provisions of the Uniform Electronic Transactions Act (§ 59.1-479 et seq. of the Code of Virginia).

B. In addition to the requirements of the Uniform Electronic Transactions Act, the use of electronic signatures shall be deemed to constitute a signature and have the same effect as a written signature on a document as long as the licensee:

Develops and maintains specific policies and procedures for the use of electronic signatures;
Ensures that each electronic signature identifies the individual signing the document by name and title;
Ensures that the document cannot be altered after the signature has been affixed;
Ensures that access to the code or key sequence is limited;
Ensures that all users have signed statements that they alone have access to and use the key or computer password for their signature and will not share their key or password with others; and
Ensures that strong and substantial evidence exists that would make it difficult for the signer or the receiving party to claim the electronic representation is not valid.

C. A back-up and security system shall be utilized for all electronic documents.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-90 Incident reports

A. Each center shall report to the regional licensing office within 24 hours of the occurrence of any major incident that has negatively affected or that threatens the life, health, safety, or welfare of any participant.

B. The report required in subsection A of this section shall include (i) the name of the center, (ii) the name of the participant involved in the incident, (iii) the name of the person making the report, (iv) the date of the incident, (v) a description of the incident, and (vi) the actions taken in response to the incident.

C. The center shall submit a written report of each incident specified in subsection A of this section to the regional licensing office within seven days from the date of the incident. The report shall be signed and dated by the director or his designee and include the following information:

Name and address of the center;
Name of the participant involved in the incident;
Date and time of the incident;
Description of the incident, the circumstances under which it happened, and when applicable, extent of injury or damage;
Location of the incident;
Actions taken in response to the incident;
The outcome of the incident;
Actions to prevent recurrence of the incident if applicable;
Name of staff person in charge at the time of the incident;
Names, telephone numbers, and addresses of witnesses to the incident if any; and
Name, title, and signature of the person making the report, if other than the director or his designee.

D. The center shall submit to the regional licensing office amendments to the written report when circumstances require, such as when substantial additional actions are taken, when significant new information becomes available, or when there is resolution of the incident after the submission of the report.

E. A copy of the written report of each incident shall be maintained by the center for at least two years.

F. All reports pertaining specifically to a participant, such as but not limited to, adult protective services, medical, or police, shall be maintained in the participant's record.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part III Personnel

22VAC40-61-100 General qualifications

All staff members shall:

Be of good character and reputation;
Be competent, qualified, and capable of carrying out assigned responsibilities;
Be considerate, understanding, and respectful of the rights, dignity, and sensitivities of persons who are aged or infirm or who have disabilities;
Be clean and well groomed;
Be able to speak, read, understand, and write in English as necessary to carry out their job responsibilities;
Be able to understand and apply the standards in this chapter as they relate to their respective responsibilities; and
Meet the requirements specified in the Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers (22VAC40-90).

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-110 Staff orientation and initial training

A. Prior to working directly with participants, all staff shall receive training in:

Participant rights and responsibilities;
Their individual responsibilities in the event of fire, including the location and operation of any fire extinguishers, fire alarm boxes, and approved exits;
Their individual responsibilities in the event of illness or injuries, including the location and use of the first aid kit and emergency supplies;
Their individual responsibilities in the event of emergencies, such as a lost or missing participant, severe weather, and loss of utilities;
Infection control;
Requirements and procedures for detecting and reporting suspected abuse, neglect, or exploitation of participants and for the mandated reporters, the consequences for failing to make a required report (§ 63.2-1606 of the Code of Virginia); and
Confidential treatment of personal information about participants and their families.

B. Staff who work with participants shall receive training in the following areas or topics no later than three weeks after their starting date of employment; part-time staff shall receive the training no later than six weeks after their starting date of employment. The areas or topics to be covered in the staff training shall include:

The purpose and goals of the adult day center;
The policies and procedures of the center as they relate to the staff member's responsibilities;
Required compliance with regulations for adult day centers as it relates to their duties and responsibilities;
The physical, emotional, and cognitive needs of the center's population;
The current participants' strengths and preferences, their individualized plans of care, and their service needs and supports;
The schedule of activities;
Behavioral interventions, behavior acceptance and accommodation, and behavior management techniques;
Interdisciplinary team approach;
Implementation of advance directives and Do Not Resuscitate Orders;
Risk management; and
The needs of participants' family members or caregivers.

C. A supervisor or designated trained staff shall be on the premises and closely oversee the individual's work with participants until training required in subsection B of this section is complete.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-120 Reports of abuse, neglect, and exploitation

A. All staff who are mandated reporters under § 63.2-1606 of the Code of Virginia shall report suspected abuse, neglect, or exploitation of participants in accordance with that section.

B. The center shall notify the participant and the participant's contact person or legal representative when a report is made as referenced in subsection A of this section, without identifying any confidential information unless such notification would jeopardize the participant.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-130 Director

A. The director, or a designated assistant director who meets the qualifications of the director, shall be responsible for the center's program and day-to-day operations of the center and shall be present at least 51% of the center's weekly hours of operation. The responsibilities of the director shall include the following areas:

The content of the program offered to the participants in care.
Programmatic functions, including orientation, training, and scheduling of all staff.
Management of the supervision provided to all staff.
Assignment of a sufficient number of qualified staff to meet the participants' needs for:

a. Adequate nutrition;

b. Health supervision and maintenance;

c. Personal care;

d. Socialization, recreation, activities, and stimulation; and

e. Supervision, safety, and protection.

The duties and responsibilities required by this chapter.

B. The director shall meet the following qualifications:

Be at least 21 years of age.
Have completed, at a minimum, a bachelor's degree from an accredited college or university and two years of experience working with older adults or persons with disabilities. This may be paid full-time employment or its equivalent in part-time employment, volunteer work, or internship. The following qualifications are also acceptable for the director:

a. Current licensure as a nursing home administrator or assisted living facility administrator from the Board of Long-Term Care Administrators; or

b. Current licensure in Virginia as a registered nurse. The requirement for two years of experience working with older adults or persons with disabilities also must be met.

c. An exception to subdivisions 2 a and 2 b of this subsection is made for any person continuously employed in an adult day center licensed prior to July 1, 2000, as either a director or assistant director who has completed at least 48 semester hours or 72 quarter hours of postsecondary education from an accredited college or institution and has completed at least two years' experience working with older adults or persons with disabilities. This may be paid full-time employment or its equivalent in part-time employment or in volunteer work.

The director shall demonstrate knowledge, skills, and abilities in the administration and management of the adult day program, including (i) knowledge and understanding of the population being served by the center, (ii) supervisory and interpersonal skills, (iii) ability to plan and implement the program, and (iv) knowledge of financial management sufficient to ensure program development and continuity.

C. The director shall complete 24 hours of continuing education training annually to maintain and develop skills. At least two of the required hours of training shall focus on infection control and prevention. When adults with mental impairments participate at the center, at least four of the required hours shall focus on topics related to participants' mental impairments. This training shall be in addition to first aid, CPR, orientation, or initial or refresher medication aide training. Documentation of attendance shall be retained at the center and shall include type of training, name of the entity that provided the training, and date and number of hours of training.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-140 Direct care staff qualifications

A. All staff persons who work with participants and who are counted in the staff-to-participant ratio shall be at least 18 years of age unless certified in Virginia as a nurse aide.

B. Direct care staff shall meet one of the requirements in this subsection. If the staff does not meet the requirement at the time of employment, he shall successfully meet one of the requirements in this subsection within two months of employment. Licensed health care professionals practicing within the scope of their profession are not required to complete the training in this subsection.

Certification as a nurse aide issued by the Virginia Board of Nursing.
Successful completion of a Virginia Board of Nursing-approved nurse aide education program.
Successful completion of a personal care aide training program that meets the requirements of the Elderly or Disabled with Consumer Direction Waiver program for adult day health care as required by the Department of Medical Assistance Services.
Successful completion of an educational program for geriatric assistant or home health aide or for nurse aide that is not covered under subdivision 2 of this subsection. The program shall be provided by a hospital, nursing facility, or educational institution and may include out-of-state training. The program must be approved by the department. To obtain department approval:

a. The center shall provide to the department's representative an outline of course content, dates and hours of instruction received, the name of the entity that provided the training, and other pertinent information.

b. The department will make a determination based on the information in subdivision 4 a of this subsection and provide written confirmation to the center when the educational program meets department requirements.

Successful completion of the department-approved 40-hour Assisted Living Facility Direct Care Staff Training curriculum.
Successful completion of at least 40 hours of training as taught by a licensed health care professional or, if online training is accessed, accredited by a national association. Topics for this training shall include the following:

a. Participant rights;

b. Physical, biological, and psychological aspects of aging;

c. Health care needs such as hypertension, arthritis, diabetes, heart disease, osteoporosis, stroke, incontinence, or skin care;

d. Functional needs, limitations, and disabilities including sensory, physical, and developmental disabilities; mental illness; substance abuse; and aggressive behavior;

e. Dementia and other cognitive impairment;

f. Assistance with activities of daily living;

g. Body mechanics, ambulation, and transfer;

h. Infection control;

i. Meals and nutrition;

j. Activities; and

k. Safety and accident prevention.

C. The center shall obtain a copy of the certificate issued or other documentation indicating that the person has met one of the requirements of subsection B of this section, which shall be part of the staff member's record in accordance with 22VAC40-61-180.

D. Direct care staff employed by the center prior to December 29, 2019, who do not meet one of the requirements in subsection B of this section shall do so by December 29, 2020.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-150 Staff training

A. Staff who provide direct care to participants shall attend at least 12 hours of training annually.

The training shall be relevant to the population in care and shall be provided by a qualified individual through in-service training programs or institutes, workshops, classes, or conferences.
At least two of the required hours of training shall focus on infection control and prevention.
When adults with mental impairments participate at the center, at least four of the required hours shall focus on topics related to participants' mental impairments.

B. Documentation of the type of training received, the entity that provided the training, number of hours of training, and dates of the training shall be kept by the center in a manner that allows for identification by individual staff person and is considered part of the staff member's record.

C. The required hours of training shall be in addition to first aid, CPR, orientation, or initial or refresher medication aide training.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-160 First aid and CPR certification

A. First aid.

Each direct care staff member shall maintain current certification in first aid from the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute, community college, hospital, volunteer rescue squad, or fire department. The certification must either be in adult first aid or include adult first aid. To be considered current, the certification shall have been issued within the past three years.
Each direct care staff member who does not have current certification in first aid as specified in subdivision 1 of this subsection shall receive certification in first aid within 60 days of employment.
A direct care staff member who is a registered nurse or licensed practical nurse does not have to meet the requirements of subdivisions 1 and 2 of this subsection. With current certification, an emergency medical technician, first responder, or paramedic does not have to meet the requirements of subdivisions 1 and 2 of this subsection.
There shall be at least one staff person on the premises at all times who has current certification in first aid that meets the specifications of this section, unless the center has an on-duty registered nurse or licensed practical nurse.

B. Cardiopulmonary resuscitation. There shall be at least two direct care staff on the premises at all times who have current certification in CPR from the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute, community college, hospital, volunteer rescue squad, or fire department. The certification must either be in adult CPR or include adult CPR. To be considered current, the certification must have been issued within the past two years.

C. A staff person with current certification in first aid and CPR shall be present for the duration of center-sponsored activities off the center premises.

D. Direct care staff employed by the center prior to December 29, 2019, who do not meet the requirement of subsections A and B of this section shall do so by March 27, 2020.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-170 Volunteers

A. Individuals who volunteer at the center shall:

Have qualifications appropriate to the services they render; and
Be subject to laws and regulations governing confidential treatment of personal information.

B. No volunteer shall be permitted to serve in an adult day center without the permission or unless under the supervision of a person who has received a criminal record clearance pursuant to § 63.2-1720 of the Code of Virginia.

C. Duties and responsibilities of all volunteers shall be clearly defined in writing.

D. At least one staff member shall be assigned responsibility for overall selection, supervision, and orientation of volunteers.

E. All volunteers shall be under the supervision of a designated staff person when participants are present.

F. Prior to beginning volunteer service, all volunteers shall attend an orientation, including information on their duties and responsibilities, participant rights, confidentiality, emergency procedures, infection control, the name of their supervisor, and reporting requirements. All volunteers shall sign and date a statement that they have received and understood this information.

G. Volunteers may be counted in the staff-to-participant ratio if both of the following criteria are met:

These volunteers meet the qualifications and training requirements for staff; and
For each volunteer, there shall be at least one staff also counted in the staff-to-participant ratio.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-180 Staff records and health requirements

A. A record shall be established for each staff member and shall be kept in a locked cabinet or area, or secured electronically, and retained at the center for currently employed staff and for two years after termination of employment, unless otherwise required by other state or federal regulations.

B. All staff records shall be kept confidential.

C. Records shall be updated and kept current as changes occur.

D. Personal and social data to be maintained on staff are as follows:

Name;
Birth date;
Current address and telephone number;
Position title and date employed;
Last previous employment;
An original criminal record report and a sworn disclosure statement;
Previous experience or training or both;
Documentation of qualifications for employment related to the staff person's position, including any specified relevant information;
Verification of current professional license, certification, registration, or completion of a required approved training course;
Name and telephone number of a person to contact in an emergency;
Documentation of attendance of formal training received after employment, including title of course, location, date, number of contact hours, and name of the entity that provided the training; and
Date of termination of employment.

E. The following required health information shall be maintained at the center and be included in the staff record for each staff member and also for each volunteer counted in the staff-to-participant ratio.

Initial tuberculosis (TB) examination and report.

a. Each staff person and volunteer identified in this subsection shall obtain an evaluation by a qualified licensed practitioner that completes an assessment for tuberculosis in a communicable form no earlier than 30 days before or no later than seven days after employment or contact with participants.

b. The tuberculosis evaluation shall be consistent with the TB risk assessment as published by the Virginia Department of Health, with additional testing, singly or in combination, as deemed necessary.

c. Documentation of this evaluation shall include all pertinent information contained on the "Report of Tuberculosis Screening" form recommended by the Virginia Department of Health. This documentation shall be maintained at the facility.

d. An evaluation shall not be required for an individual who (i) has separated from employment with a facility or center licensed or certified by the Commonwealth of Virginia, (ii) has had a break in service of six months or less, and (iii) submits the original statement of tuberculosis screening to the new employer.

Subsequent evaluations for tuberculosis.

a. All staff and volunteers identified in this subsection shall be screened annually in accordance with subdivision 1 of this subsection, with the exception that annual chest x-rays are not required in the absence of symptoms for those with prior positive test results for TB infection (tuberculin skin test or interferon gamma release assay blood test).

b. Any staff person and volunteer identified in this subsection who develops chronic respiratory symptoms of three weeks duration shall be evaluated immediately for the presence of infectious tuberculosis. Any staff suspected of having infectious tuberculosis shall not be allowed to return to work or have any contact with the participants and staff of the center until a physician has determined that the staff person is free of infectious tuberculosis.

c. Any staff person and volunteer identified in this subsection who comes in contact with a known case of infectious tuberculosis shall be screened as determined appropriate based on consultation with the local health department.

The center shall report any active case of tuberculosis developed by a staff member to the local health department.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part IV Supervision

22VAC40-61-190 General supervision

A. During the center's hours of operation, one staff person on the premises shall be in charge of the administration of the center. This person shall be either the director or a staff member appointed by the licensee or designated by the director. This person may not be a volunteer.

B. At least two staff persons shall be on duty at the center and on field trips at all times when one or more participants are present. The use of volunteers as staff shall be in accordance with 22VAC40-61-170 G.

C. The center shall maintain a daily participant attendance log, documenting the name of the participant and his arrival and departure time.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-200 Staff-to-participant ratio

A. There shall be at least one staff person on duty providing direct care and supervision for every six participants in care, or portion thereof, whether at the center or on field trips.

B. The staff-to-participant ratio is to be calculated for the center rather than for a room or activity.

C. The number of any additional staff persons required shall depend upon:

The program and services the center provides;
The assessed functional levels and current needs of the participants; and
The size and physical layout of the building.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part V Admission, Retention, and Discharge

22VAC40-61-210 Admission policies

A. The center shall have admission policies, to include admission criteria, that shall be discussed with each person entering the program, his family members, legal representative, or the public, as appropriate. A copy of the admission policies shall be available upon request.

B. Only those persons who meet the admission criteria shall be admitted to the center.

C. All participants shall be 18 years of age or older.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-220 Assessment procedures

A. A written assessment of a participant shall be secured or conducted prior to or on the date of admission by the director, a staff person who meets the qualifications of the director, or a licensed health care professional employed by the center.

B. The assessment shall be based upon the information presented by the participant, family members, friends, legal representative, the report of the required physical examination, and from other care providers.

C. The assessment shall identify the person's abilities and needs to determine if and how the program can serve the participant.

D. The assessment shall include at minimum a description of the participant's:

Medical and functional condition, including:

a. Ambulatory ability;

b. Ability to perform activities of daily living; and

c. Health status to include diagnoses and medications.

Mental status, including any intellectual, cognitive, and behavioral impairment and known psychiatric or emotional problems;
Social environment, including living arrangements and the availability of family, friends, and other people and organizations in the community to provide services to the participant;
Economic conditions;
Nutrition needs;
Communication limitations;
Hobbies and interests; and
Personal preferences that would enhance the participant's experience at the center.

E. The assessment shall be reviewed and updated at least every six months.

F. A reassessment shall also be made when there are changes to indicate that a participant's needs may no longer be met by the current plan of care or the center's program of care.

G. The initial assessment and any reassessments shall be in writing and completed, signed, and dated by the staff person identified in subsection A of this section. The assessment or reassessment shall also indicate any other individuals who contributed to the development of the plan with a notation of the date of the contribution.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-230 Participant plan of care

A. Prior to or on the date of admission, a preliminary multidisciplinary plan of care based upon the assessment shall be developed for each participant. The plan shall be reviewed and updated, if necessary, within 30 days of admission.

B. The plan shall be developed by the director, a staff person who meets the qualifications of the director, or a licensed health care professional employed by the center.

C. The plan shall be developed in conjunction with the participant and, as appropriate, with the participant's family members, legal representative, direct care staff members, case manager, or health care provider.

D. The plan shall be developed to maximize the participant's level of functional ability and to support the principles of individuality, personal dignity, and freedom of choice. Whenever possible, participants shall be given a choice of options regarding the type and delivery of services. The plan shall include:

A description of the identified needs and the date identified;
The expected outcome or goal to be achieved in meeting those needs;
The activities and services that will be provided to meet those outcomes or goals, who will provide them, and when they will be provided;
If appropriate, the time by which the outcome or goals should be achieved; and
Date outcome or goal achieved.

E. The plan of care shall be reviewed and updated as significant changes occur and at least every six months.

F. The preliminary plan of care and any updated plans shall be in writing and completed, signed, and dated by the staff person identified in subsection B of this section. The participant, family member, or legal representative shall also sign the plan of care. The plan shall indicate any other individual who contributed to the development of the plan, with a notation of the date of contribution.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-240 Participant agreement with the center

A. At or prior to the time of admission, there shall be a written agreement between the participant and the center. The agreement shall be signed and dated by the participant or legal representative and the center representative.

B. The agreement shall specify the following:

Services and care to be provided to the participant by the center. Any additional fees for specific services and care shall be identified.
Financial arrangement to include:

a. The amount to be paid, frequency of payments, and rules relating to nonpayment.

b. The amount and purpose of an advance payment or deposit payment and the refund policy for such payment.

c. The policy with respect to increases in charges and the length of time for advance notice of intent to increase charges.

d. The refund policy to apply when transfer of ownership, closing of center, or participant discharge occurs.

e. The fee or notification requirement, if any, associated with participant discharge.

f. The provision of a monthly statement or itemized receipt of the participant's account.

Conditions for discharge.

C. A copy of the signed agreement shall be given to the participant or to the legal representative, as appropriate, and a copy shall be kept in the participant's record at the center.

D. The agreement shall be reviewed and updated whenever there is any change in the services or the financial arrangements. The updated agreement shall be signed and dated by the participant or his legal representative and the center representative.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-250 Participant record

A. The center shall establish policies and procedures for documentation and recordkeeping to ensure that the information in participant records is accurate, clear, and well organized. The record shall contain all information, reports, and documents required by this chapter and other information relevant to the plan of care.

B. The following personal information shall be kept current for each participant:

Full name of participant, address, and telephone number;
Date of admission;
Birth date;
Marital status;
Names, addresses, and telephone numbers of at least two family members, friends, or other designated people to be contacted in the event of illness or an emergency;
Names, addresses, and telephone numbers of the participant's local primary care provider, personal physician, any other health or social service provider, and the name of the preferred hospital in the event of an emergency;
Name, address, and telephone number of any legal representative and documentation regarding the scope of their representation;
Known allergies, if any;
Information regarding an advance directive or Do Not Resuscitate Order, if applicable;
Mental health, substance abuse, or behavioral concerns; and
A current photograph or narrative physical description of the participant, which shall be updated annually.

C. Participant records shall be retained at the center and kept in a locked area.

D. The center shall assure that all records are kept confidential and that information shall be made available only when needed for care of the participant and in accordance with applicable federal and state laws. All records shall be made available for inspection by the department's representative.

E. If the participant or legal representative consents in writing, records shall be shared with other centers or agencies for a specific purpose such as care coordination, referral for other services, or upon discharge.

F. Participants shall be allowed access to their own records. A legal representative of a participant shall be provided access to the participant's record or part of the record only as allowed within the scope of his legal authority.

G. The complete participant record shall be retained for at least two years after the participant leaves the center.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-260 Physical examinations and report

A. Within the 30 days preceding admission, a participant shall have a physical examination by a licensed physician.

B. The report of the required physical examination shall be on file at the center and shall include:

The person's name, date of birth, address, and telephone number.
The date of the physical examination.
Height, weight, and blood pressure.
Significant medical history.
General physical condition, including a systems review as is medically indicated.
All diagnoses and significant medical problems.
Any known allergies and description of the person's reactions.
Any recommendations for care, including:

a. A list of all medications, including dosages, route, and frequency of administration;

b. Any special diet or any food intolerances;

c. Any therapy, treatments, or procedures the individual is undergoing or should receive and by whom; and

d. Any restrictions or limitations on physical activities or program participation.

The participant shall obtain an evaluation by a qualified licensed practitioner who completes an assessment for tuberculosis (TB) in a communicable form no earlier than 30 days before admission. The evaluation for tuberculosis shall be consistent with the TB risk assessment as published by the Virginia Department of Health, with additional testing, singly or in combination, as deemed necessary. Documentation of the TB evaluation is required, which includes the information contained on the form "Report of Tuberculosis Screening" recommended by the Virginia Department of Health. The form shall be signed by the qualified licensed practitioner who performs the evaluation.
A statement that specifies whether the individual is considered to be ambulatory or nonambulatory.
A statement that specifies whether the individual is or is not capable of self-administering medication.
The signature of the examining physician or the physician's designee.

C. Subsequent medical evaluations.

Each participant shall annually submit a report of physical examination by a physician, including the information required in subdivisions B 1 through B 8 and B 10, B 11, and B 12 of this section.
At the request of the licensee or director of the center or the Department of Social Services, a report of examination by a physician shall be obtained when there are indications that the center can no longer provide appropriate or safe care because of changes in the participant's physical or mental health. The written report of the physical examination shall be:

a. Dated;

b. Signed by a physician or the physician's designee; and

c. Used in evaluating the participant's continued suitability for adult day services.

D. Subsequent evaluations for tuberculosis.

Any participant who comes in contact with a known case of infectious tuberculosis shall be screened as deemed appropriate in consultation with the local health department.
Any participant who develops respiratory symptoms of three or more weeks' duration shall be evaluated immediately for the presence of infectious tuberculosis. Any such participant shall not be allowed to return to the program until a physician has determined that the individual is free of infectious tuberculosis.
If a participant develops an active case of tuberculosis, the center shall report this information to the local health department.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-270 Discharge of participants

A. When actions, circumstances, conditions, or care needs occur that will result in the discharge of a participant, discharge planning shall begin immediately.

B. A written discharge notice shall identify the reasons for discharge and outline the services needed by the participant upon discharge. The discharge notice shall be provided to and discussed with the participant and family members or legal representative.

C. The center shall notify the participant and family members or legal representative at least 30 calendar days prior to the actual discharge date.

D. The center shall develop a policy regarding the number of days notice that is required when a participant wishes to leave the center. Any required notice of intent to leave shall not exceed 30 calendar days.

E. When a participant's condition presents an immediate and serious risk to the health, safety, or welfare of the participant or others and immediate discharge is necessary, the 30-day notification of planned discharge does not apply.

F. The center shall assist the participant, his family members, or legal representative, if any, in the discharge or transfer process. The center shall prepare a transfer report for the new program, if requested.

G. The center shall have a process by which participants, family members, or legal representatives can appeal a center-initiated discharge.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part VI Programs and Services

22VAC40-61-280 Health care supervision

A. The center shall develop a policy and procedure for monitoring the health status of participants consistent with the particular characteristics and needs of the population served by the center.

B. The center shall provide supervision of participant schedules, care, and activities including attention to specialized needs, such as prevention of falls and wandering.

C. Each participant shall be continually observed and monitored for changes in health status including physical, social, emotional, and mental functioning. Changes shall be discussed with the participant, family, legal representative, physician, or others as appropriate. Documentation of the change and any notifications shall be made in the participant's record.

D. Measures of health status include:

Vital signs;
Weight;
Meal and fluid intake;
Elimination;
Skin integrity;
Behavior;
Cognition;
Functional ability; and
Special needs.

E. When the center identifies a need for a change in health care services, this shall be discussed with the participant, family, legal representative, physician, or others as appropriate and documented in the participant's record. The care plan shall be updated if necessary.

F. If the participant requires skilled or rehabilitative services, the center shall assist the participant and family in securing such services if necessary.

G. If skilled health care and rehabilitative services are provided at the center, the center shall ensure that such providers are licensed, certified, or registered as required by law. These services shall be provided in accordance with the physician or other health care professional's order.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-290 Infection control program

A. The center shall develop and maintain an infection prevention and occupational health program designed to provide a safe, sanitary, and comfortable environment for participants, staff, and the public.

B. The center shall develop infection prevention policies and procedures appropriate for the services provided by the center and including the physical plant and grounds. These shall be based upon evidence-based guidelines such as those published by the Centers for Disease Control and Prevention or the Virginia Department of Health and updated as recommendations change and shall include:

Standard precautions to include:

a. Hand hygiene;

b. Use of personal protective equipment such as gloves and masks;

c. Safe injection and blood glucose monitoring practices;

d. Safe handling of potentially contaminated equipment or surfaces in the center environment; and

e. Respiratory hygiene and cough etiquette.

Specific methods and timeframes to monitor infection prevention practices by staff and volunteers.
Parameters for ensuring that staff, volunteers, and participants with communicable disease or infections are prohibited from direct contact with others if contact may transmit disease, in accordance with applicable local, state, and federal regulations.
Handling, storing, processing, and transporting linens, supplies, and equipment consistent with current infection prevention methods.
Handling, storing, and transporting medical waste in accordance with applicable regulations.
Maintaining an effective pest control program.

C. The center shall ensure that at least one staff person with training or experience in infection prevention relevant to a congregate care setting is employed by or regularly available (e.g., by contract) to manage the center's infection prevention program.

D. All staff and volunteers shall be trained on requirements of the center's infection prevention program according to their job duties during the orientation period and at least annually. Competencies shall be documented following each training and may include a written test, skills demonstration, or other method as appropriate.

E. The center shall ensure that sufficient and appropriate supplies to maintain standard precautions are available at all times, such as gloves, hand hygiene and cleaning products, and any other supplies needed specific to center services.

F. The director shall be responsible for ensuring that any outbreak of disease as defined by the Virginia Department of Health is immediately reported to the local health department and to the regional licensing office.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-300 Medication management

A. The center shall have, keep current, and implement a plan for medication management. The center's medication management plan shall address procedures for administering medication and shall include:

Standard operating procedures and any general restrictions specific to the center;
Methods to ensure an understanding of the responsibilities associated with medication management, including the following:

a. Determining that staff who are responsible for administering medications meet the qualification requirements of subdivisions E 7 a and E 7 b of this section;

b. Ensuring that staff who are responsible for administering medications are trained on requirements of the center's medication management plan; and

c. Ensuring that staff who are responsible for administering medications are adequately supervised, including periodic direct observation of medication administration. Supervision shall be provided by (i) an individual employed by the center who is licensed by the Commonwealth of Virginia to administer medications or (ii) the director who has successfully completed a training program as required in subdivisions E 7 a and E 7 b of this section.

Methods to ensure that authorizations for the administration of medications are current;
Methods to secure and maintain supplies of each participant's prescription medications and any over-the-counter drugs and supplements in a timely manner to avoid missed dosages;
Methods for verifying that medication orders have been accurately transcribed to medication administration records (MARs), including within 24 hours of receipt of a new order or a change in an order;
Methods for monitoring medication administration and the effective use of the MARs for documentation;
Methods to ensure that participants do not receive medications or dietary supplements to which they have known allergies;
Methods to ensure accurate accounting for all controlled substances whenever received by center staff, returned to participant, or whenever assigned medication administration staff changes;
Procedures for proper disposal of medication; and
Procedures for preventing, detecting, and investigating suspected or reported drug diversion.

B. The center shall have readily accessible as reference materials for medication aides at least one pharmacy reference book, drug guide, or medication handbook for nurses that is no more than two years old.

C. Prescription and nonprescription medications, including sample medications, shall be given to a participant according to the center's medication policies and only with written or verbal authorization from the physician or prescriber or the physician's authorized agent. For the purposes of this section, an "authorized agent" means an employee of the physician who is under the physician's immediate and personal supervision. Verbal orders shall be reviewed and signed by the physician or prescriber within 10 working days.

D. The center shall maintain a list of all medications, including those taken at home and at the center, for each participant. The center shall attempt to verify and update the list of center-administered medications with the prescribing health care professional at least twice a year. Unsuccessful attempts to verify shall be documented.

E. The following standards shall apply when medications are administered to participants at the adult day center:

All medication shall be in the original container with the prescription label or direction label attached and legible. Sample medications shall remain in the original packaging, labeled by a physician or other prescriber or pharmacist with the participant's name, the name of the medication, the strength, dosage, and route and frequency of administration, until administered.
All medication shall be labeled with the participant's name, the name of the medication, the strength and dosage amount, the route of administration, and the frequency of administration.
The medication shall be kept in a locked compartment or area, not accessible to participants. The locked compartment or area shall be free from direct sunlight and high temperatures and free from dampness and shall remain darkened when closed.
The area in which the medication is prepared shall have sufficient light so that the labels can be read accurately and the correct dosage can be clearly determined.
Medication shall be refrigerated, if required. When medication is stored in a refrigerator used for food, the medications shall be stored together in a locked container in a clearly defined area. If a refrigerator is used for medication only, it is permissible to store dietary supplements and foods and liquids used for medication administration.
Unless it is contrary to the center's policy, a participant may take the participant's own medication, provided that:

a. A physician has deemed the participant capable of self-administering medication;

b. The physician has given written authorization for the participant to self-administer the participant's medication; and

c. Medications are kept in a safe manner inaccessible to other participants.

When the center staff administers medications to participants, the following standards shall apply:

a. Each staff person who administers medication shall be authorized by § 54.1-3408 of the Code of Virginia. All staff responsible for medication administration shall:

(1) Be licensed by the Commonwealth of Virginia to administer medications;

(2) Be a registered medication aide;

(3) Successfully complete a training program approved by the Board of Nursing and accepted for use in adult day centers; or

(4) Successfully complete a training program approved by the Board of Nursing for the registration of medication aides that consists of 68 hours of student instruction and training.

b. All staff who administer medications, except those licensed by the Commonwealth, shall complete, on an annual basis, four hours of medication management refresher training on topics specific to the administration of medications in the adult day center setting.

c. Medications shall remain in the original or pharmacy issued container until administered to the participant by the qualified medication staff. All medications shall be removed from the pharmacy container and be administered by the same qualified person within one hour of the individual's scheduled dosing time.

d. Documentation shall be maintained on the MAR of all medications, including prescription, nonprescription, and sample medication, administered to a participant while at the center. This documentation shall become part of the participant's permanent record and shall include:

(1) Name of participant;

(2) All known allergies;

(3) Diagnosis, condition, or specific indications for which the medication is prescribed;

(4) Date medication prescribed;

(5) Drug product name;

(6) Dosage and strength of medication;

(7) Route of administration;

(8) Frequency of administration;

(9) Date and time given and initials of staff administering the medication;

(10) Date the medication is discontinued or changed;

(11) Any medication errors or omissions;

(12) Notation of any adverse effects or unusual reactions that occur; and

(13) The name, signature, and initials of all staff administering medications. A master list may be used in lieu of this documentation on individual MARs.

F. In the event of an adverse drug reaction or a medication error, the following applies:

Action shall be taken as directed by a physician, pharmacist, or a poison control center;
The participant's physician and family member or other legal representative shall be notified as soon as possible. If not contrary to immediate medical needs of the participant, the participant shall also be notified of the error; and
Medication administration staff shall document actions taken in the participant's record.

G. The use of PRN (as needed) medications is prohibited unless one or more of the following conditions exist:

The participant is capable of determining when medication is needed;
A licensed health care professional administers the medication;
The participant's physician has provided detailed written instructions, including symptoms that might indicate the need for the medication, exact dosage, exact timeframes the medication is to be given in a 24-hour period, and directions for what to do if symptoms persist; or
The center staff has telephoned the participant's physician prior to administering the medication and explained the symptoms and received a documented verbal order that includes the information in subdivision 3 of this subsection.

H. Any physician-ordered treatment provided by staff shall be documented and shall be within the staff's scope of practice.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-310 Restraints

The use of chemical or physical restraints is prohibited.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-320 Assistance with activities of daily living and ambulation

A. Dignity, privacy, and confidentiality shall be maintained for participants whenever assistance with activities of daily living (ADLs) is provided.

B. When providing assistance with ADLs, staff shall ensure all necessary supplies and equipment are available and organized to aid in assistance and to maximize the participant's safety.

C. Assistance with eating and feeding.

Dining areas shall be supervised by staff whenever meals or snacks are served.
Adequate staff shall be present in the dining areas to assist participants who cannot eat independently.
Self-feeding skills of participants shall be continuously observed and evaluated so that meals and snacks are not missed because of a participant's inability to feed himself.
Appropriate adapted utensils, including adapted plates, bowls, and cups with straws and handles, shall be utilized for those participants who need them. Information about effective eating adaptations shall be shared with the participant and his family. Assistance such as, but not limited to, opening containers and cutting food shall be provided to those participants who need it.
Low-stimulus dining areas shall be provided for participants with cognitive deficits or other conditions that impair concentration.
Changes in food and liquid intake shall be documented in the participant's record, and changes shall be made to the care plan to ensure adequate intake. The participant and his family shall be notified of such changes.

D. Assistance with ambulation and transfer.

The ability of the participant to safely transfer and ambulate shall be continually monitored. Any changes shall be documented in the participant's record and noted on the plan of care.
There shall be adequate staff to provide individualized assistance to participants to ambulate to activities, meals, and the restroom , and transfer, if such assistance is needed.
The center shall have at least one wheelchair available for emergency use, even if all participants are ambulatory or have their own wheelchairs.
Staff shall identify unmet ambulation and transfer needs, including equipment needs and repairs, and shall discuss such needs with the participant, family, legal representative, or physician, as appropriate.
Participants who use wheelchairs shall be offered other seating options throughout the day if appropriate.

E. Assistance with toileting.

Staff shall develop and follow appropriate toileting procedures for each participant who requires assistance according to that individual's abilities and plan of care.
Participants who are at risk of falling or who have other safety risks shall not be left alone while toileting.
Staff shall arrange for coverage of program responsibilities when they must leave the group to assist with toileting a participant.

F. Assistance with bathing.

A shower chair, bench, or other seating; safety equipment such as grab bars; and nonslip surfaces shall be provided.
The participant shall not be left unattended in the shower or bath. If the bathing area is not in sight or sound of other occupied parts of the building, there shall be an emergency call system to summon additional assistance.

G. Assistance with dressing.

Assistance shall be provided according to that individual's abilities and plan of care.
Extra clothing shall be available for participants who need to change during the day. Each participant may keep a change of clothing at the center, or the center may keep a supply to use as needed.
Participants' clothing, equipment, and supplies kept at the center shall be properly labeled and stored to prevent loss.
Special attention shall be given to footwear of participants who are at risk of falling. Staff shall encourage family members to provide appropriate shoes and shall document those recommendations in the participant's record.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-330 Activities

A. Activities shall be planned to support the plans of care for the participants and shall be consistent with the program statement and the admission policies.

B. Activities shall:

Support the physical, social, mental, and emotional skills and abilities of participants in order to promote or maintain their highest level of independence or functioning;
Accommodate individual differences by providing a variety of types of activities and levels of involvement; and
Offer participants a varied mix of activities including the following categories: physical; social; cognitive, intellectual, or creative; productive; sensory; reflective or contemplative; outdoor; and nature or the natural world. Community resources as well as center resources may be used to provide activities. Any given activity may fall under more than one category.

C. Participation in activities.

Participants shall be encouraged but not forced to participate in activity programs offered by the center and the community.
During an activity, each participant shall be encouraged but not coerced to join in the activity at his level of functioning, which may include his observation of the activity.
If appropriate to meet the needs of the participant with a short attention span, multiple short activities shall be provided.
Any restrictions on participation imposed by a physician shall be followed and documented in the participant's record and the plan of care.

D. There shall be a designated staff person who is routinely present in the center and who shall be responsible for managing or coordinating the structured activities program. This staff person shall maintain personal interaction with the participants and familiarity with their needs and interests and shall meet at least one of the following qualifications:

Be a qualified therapeutic recreation specialist or an activities professional;
Be eligible for certification as a therapeutic recreation specialist or an activities professional by a recognized accrediting body;
Be a qualified occupational therapist or an occupational therapy assistant;
Have at least an associate's degree in a discipline focusing on the provision of activities for adults; or
Have one year full-time work experience within the last five years in an activities program in an adult care setting.

E. The requirements of subsection D shall be met by June 28, 2020.

F. Participants, staff, and family members shall be encouraged to be involved in the planning of the activities.

G. Schedule of activities.

There shall be planned activities and programs throughout the day whenever the center is in operation.
A written schedule of activities shall be developed on a monthly basis.
The schedule shall include:

a. Group activities for all participants or small groups of participants; and

b. The name, type, date, and hour of the activity.

If one activity is substituted for another, the change shall be noted on the schedule.
The current month's schedule shall be posted in a readily accessible location in the center and also may be made available to participants and their families.
The schedule of activities for the preceding two years shall be kept at the center.
If a participant requires an individual schedule of activities, that schedule shall be a part of the plan of care.

H. During an activity, when needed to ensure that each of the following is adequately accomplished, there shall be staff persons or volunteers to:

Lead the activity;
Assist the participants with the activity;
Supervise the general area;
Redirect any individuals who require different activities; and
Protect the health, safety, and welfare of the participants involved in the activity.

I. The staff person or volunteer leading the activity shall have a general understanding of the following:

Attention spans and functional levels of each of the participants;
Methods to adapt the activity to meet the needs and abilities of the participants;
Various methods of engaging and motivating individuals to participate; and
The importance of providing appropriate instruction, education, and guidance throughout the activity.

J. Adequate supplies and equipment appropriate for the program activities shall be available in the center.

K. All equipment and supplies used shall be accounted for at the end of the activity so that a safe environment can be maintained.

L. In addition to the required scheduled activities, there shall be unscheduled staff and participant interaction throughout the day that fosters an environment that promotes socialization opportunities for participants.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-340 Food service

A. Meals and snacks shall be provided by the center. The center shall (i) prepare the food, (ii) have the food catered, or (iii) utilize a contract food service.

B. When any portion of an adult day center is subject to inspection by the Virginia Department of Health, the center shall be in compliance with those regulations, as evidenced by an initial and subsequent annual report from the Virginia Department of Health. The report shall be retained at the center for a period of at least two years.

C. If a catering service or contract food service is used, the service shall be approved by the local health department. The center shall be responsible for monitoring continued compliance by obtaining a copy of the Virginia Department of Health approval.

D. The center shall encourage, but not require, participants to eat the meals and snacks provided by the center. If a participant brings food from home, the food shall be labeled with the participant's name, dated, and stored appropriately until meal or snack time. The fact that the participant brought food does not relieve the center of its responsibility to provide meals and snacks.

E. A minimum of 45 minutes shall be allowed for each participant to complete a meal. If a participant needs additional time to finish the meal due to special needs, such additional time shall be provided.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-61-350 Serving of meals and snacks

A. Centers shall serve meals and snacks at appropriate times, depending on the hours of operation. For example, a center open during the hours of 7 a.m. to 1 p.m. must serve a morning snack and a mid-day meal; a center open during the hours of 8 a.m. to 5 p.m. must serve a morning snack, a mid-day meal, and an afternoon snack; a center open during the hours of 2 p.m. to 6 p.m. must serve an afternoon snack; a center open after 6 p.m. must serve an evening meal. Centers open after 9 p.m. shall serve an evening snack. Snacks shall also be available throughout the day.

B. There shall be at least two hours between scheduled snacks and meals.

C. Adequate kitchen facilities and equipment shall be provided for preparation and serving of meals and snacks or for the catering of meals.

D. Sufficient working refrigeration shall be available to store perishable food and medicine.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-360 Menu and nutrition requirements

A. Food preferences of participants shall be considered when menus are planned.

B. Menus for meals and snacks for the current week shall be dated and posted in an area conspicuous to participants.

Any menu substitutions or additions shall be recorded on the posted menu.
Menus shall be kept at the center for two years.

C. Minimum daily menu.

Unless otherwise ordered in writing by the participant's physician, the daily menu, including snacks, for each participant shall meet the current guidelines of the U.S. Department of Agriculture food guidance system or the dietary allowances of the Food and Nutritional Board of the National Academy of Sciences, taking into consideration the age, sex and activity of the participant.
Other foods may be added to enhance the meals or meet individual participant needs.
Drinking water shall be available at all times.

D. When a diet is prescribed for a participant by his physician or other prescriber, it shall be prepared and served according to the physician's or other prescriber's orders.

E. A current copy of a diet manual containing acceptable practices and standards for nutrition shall be available to staff responsible for food preparation and meal planning.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-370 Observance of religious dietary practices

A. The participant's religious dietary practices shall be respected.

B. Religious dietary practices of the director, staff, or licensee shall not be imposed upon participants unless mutually agreed upon in the participant agreement.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-380 Transportation services

A. Centers that provide participant transportation directly or by contract shall ensure that the following requirements are met:

The vehicle shall be accessible and appropriate for the participants being transported. Vehicles shall be equipped with a ramp or hydraulic lift to allow entry and exit if there are participants who remain in their wheelchairs during transport.
The vehicle's seats shall be attached to the floor, and wheelchairs shall be secured when the vehicle is in motion.
Arrangement of wheelchairs and other equipment in the vehicle shall not impede access to exits.
The vehicle shall be insured for at least the minimum limits established by law and regulation.
All vehicles shall have working heat and air conditioning systems.
The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to ensure the safety of participants.

B. Centers that provide participant transportation directly or by contract shall ensure that during transportation the following requirements are met:

The driver has a valid driver's license to operate the type of vehicle being used.
Virginia statutes regarding safety belts are followed.
Every person remains seated while the vehicle is in motion.
Doors are properly closed and locked while the vehicle is in motion.
Supervision and safety needs of participants are maintained at all times.
The following information is maintained in vehicles used for transportation:

a. The center's name, address, and phone number;

b. A list of the names of the participants being transported;

c. A list of the names, addresses, and telephone numbers of participants' emergency contact persons; and

d. A first aid kit containing the supplies as listed in 22VAC40-61-550.

The driver, another staff person, or a volunteer in the vehicle is current in first aid and CPR training.
There shall be a means of communication between the driver and the center.

C. If staff or volunteers supply personal vehicles, the center shall be responsible for ensuring that the requirements of subsections A and B of this section are met.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-390 Field trips

A. Any center that takes participants on field trips shall develop a policy that addresses the following:

A communication plan between staff at the center and staff who are accompanying participants on a field trip;
Maintenance of staff-to-participant ratio at both the center and on the field trip as required by 22VAC40-61-200;
Provision of adequate food and water for participants during field trips;
Safe storage of food to prevent food-borne illnesses; and
Medication administration that meets the requirements of 22VAC40-61-300.

B. Before leaving on a field trip, a list of participants taking the trip and a schedule of the trip's events and locations shall be left at the center and shall be accessible to staff.

C. A wheelchair that is available for emergency use shall be taken on field trips.

D. The requirements of 22VAC40-61-380 apply when participants are transported on field trips.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Part VII Buildings and Grounds

22VAC40-61-400 Physical environment

A center must provide an environment that ensures the safety and well-being of the participants but is not so restrictive as to inhibit physical, intellectual, emotional, or social stimulation.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-410 Maintenance of buildings and grounds

A. The interior and exterior of all buildings shall be maintained in good repair, kept clean and free of rubbish, and free from safety hazards.

B. All buildings shall be well-ventilated and free from foul, stale, and musty odors.

C. Adequate provisions for the collection and legal disposal of garbage, ashes, and waste material shall be made.

D. Buildings shall be kept free of infestations of insects and vermin. The grounds shall be kept free of insect and vermin breeding places.

E. Cleaning products, pesticides, and all poisonous or harmful materials shall be stored separately from food and shall be kept in a locked place when not in use.

F. All furnishings, fixtures, and equipment, including furniture, window coverings, sinks, toilets, bathtubs, and showers, shall be kept clean and in good repair and condition.

G. Grounds shall be properly maintained to include mowing of grass and removal of snow and ice.

H. A safe area for participant discharge and pick-up shall be available.

I. Adequate outdoor lighting shall be provided to ensure safe ambulation and the safety of participants during arrival and departure.

J. All interior and exterior stairways and ramps shall have a nonslip surface or carpet that shall be secured to the stairways or ramps.

K. Sturdy handrails shall be provided on all stairways, ramps, and elevators and at all changes in floor level.

L. All interior and exterior stairways, changes in floor level, and ramps shall be indicated by a warning strip or contrast in color.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-420 Lighting

A. All areas of the center shall be adequately lighted for the safety and comfort of the participants.

B. Artificial lighting shall be powered by electricity.

C. Glare shall be kept at a minimum in rooms used by participants. When necessary to reduce glare, coverings shall be used for windows and lights.

D. If used, fluorescent lights shall be replaced if they flicker or make noise.

E. Flashlights or battery lanterns in working order shall be available at all times for emergency lighting.

F. Open flame lighting is prohibited.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-430 Heating and cooling

A. Heat shall be supplied from a central heating plant or an electrical heating system in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63).

B. Provided their installation or operation has been approved by the state or local building or fire authorities, space heaters, such as but not limited to gas stoves, wood burning stoves, coal burning stoves, and oil heaters, or portable heating units either vented or unvented may be used only to provide or supplement heat in the event of a power failure or similar emergency. These appliances shall be used in accordance with the manufacturer's instructions. When any of these heating sources are used, care shall be taken to protect participants from injuries.

C. The temperature of the center shall be maintained at a level safe and suitable for the participants in accordance with the following:

The inside temperature shall be between 70°F and 84°F. This standard applies unless otherwise mandated by federal or state authorities.
Fans and air conditioners shall be placed to avoid direct drafts on participants and to prevent safety hazards. Any electric fans shall be screened and placed for the protection of the participants.
The center shall develop a plan to protect participants from heat-related and cold-related illnesses in the event of a loss of heat or cooling due to emergency situations or malfunctioning or broken equipment.
At least one movable thermometer shall be available in each building for measuring temperatures in individual rooms that do not have a fixed thermostat that shows the temperature in the room.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-440 General areas

A. Any center licensed after July 1, 2000, shall provide at least 50 square feet of indoor floor space for each participant, in addition to hallways, office space, bathrooms, storage space, or other rooms or areas that are not normally used for program activities; otherwise the square footage shall be 40 square feet.

B. There shall be sufficient and suitable space for planned program activities that may be interchangeable or adaptable for a variety of activities, including meals.

There shall be at least one room with sufficient space for the participants to gather together for large group activities.
There shall be rooms or areas appropriate for small group activities and individual activities.
An area shall be available and accessible so that participants shall have opportunities for supervised outdoor activities. The area shall be equipped with appropriate seasonal outdoor furniture.

C. Furnishings.

The furniture shall be sturdy, safe, and appropriate for participants in care.
All centers shall have:

a. At least one chair for each participant and each staff person, excluding any people who remain in wheelchairs throughout the day;

b. Table space adequate for all participants to take part in activities at the same time; and

c. Recliners, lounge chairs, rockers, or other seating to allow participants to relax and rest.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-450 Privacy space

Space shall be available to allow privacy for participants during interviews, visits, telephone conversations, counseling, therapy, and other similar activities.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-460 Restroom facilities

A. There shall be a minimum of one toilet that is suitable to accommodate a participant who needs human assistance or specialized equipment available for every 10 participants, or portion thereof. For restrooms that have multiple stalls, only the toilets that accommodate a person who needs human assistance or specialized equipment shall be counted in the total required number of toilets.

B. Restrooms that are equipped with only one toilet may be used by either men or women.

C. Restrooms equipped with more than one toilet shall have each toilet enclosed.

D. Restrooms that are equipped with multiple stalls must be designated for men or for women.

E. Sturdy grab bars or safety frames shall be installed beside all toilets used by participants.

F. There shall be a minimum of one sink for every two toilets and the sinks shall be located close enough to toilets to encourage washing of hands after each toileting procedure.

G. There shall be an ample supply of hot and cold running water from an approved source available to the participants at all times.

H. Hot water at taps available to participants shall be maintained within a temperature range of 105°F to 120°F.

I. There shall be an adequate supply of toilet tissue, liquid soap, disposable hand towels, or air dryers and disposable gloves in each restroom at all times.

J. If bathing facilities are provided there shall be:

Handrails by bathtubs;
Handrails in stall showers; and
Seating for use in the shower and seating for use in dressing, if necessary.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-470 Dining area

A. Dining areas shall have a sufficient number of sturdy tables and chairs to serve all participants, either all at one time or in shifts.

B. If the center is licensed for nonambulatory participants, the dining area shall be large enough to provide sufficient table space and floor space to accommodate participants in wheelchairs or other assistive equipment.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-480 Rest area

A. A separate room or area shall be available for participants who become ill, need to rest, or need to have privacy. The separate room or area shall be equipped with one bed, comfortable cot, or recliner for every 12 participants.

B. Additional beds, comfortable cots, or recliners shall be available based on participant needs to accommodate rest periods. In centers that are open for evening or night care, beds shall be available for participants who need them.

C. A minimum of (i) one pillow covered with a pillow case, (ii) two sheets, and (iii) one blanket, spread, or covering per bed or cot shall be provided.

D. All sheets and pillow cases shall be laundered after each use.

E. Additional covering or blankets and pillows shall be available as necessary for recliners.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-490 Storage

A. Sufficient space shall be provided to store coats, sweaters, umbrellas, toilet articles, and other personal possessions of participants and staff.

B. Sufficient space shall be available for equipment, materials, and supplies used at the center.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-500 Telephones

A. Each building shall have at least one operable, nonpay telephone easily accessible to staff. There shall be additional telephones or extensions as may be needed to summon help in an emergency, including one that will operate during power outages.

B. Participants shall have reasonable access to a nonpay telephone on the premises.

C. Staff shall provide assistance with telephone usage to any participant upon request.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-510 Fire safety: compliance with state regulations and local fire ordinances

A. The center shall comply with the Virginia Statewide Fire Prevention Code (13VAC5-51) as determined by at least an annual inspection by the appropriate fire official. Reports of the inspections shall be retained at the center for at least two years.

B. An adult day center shall comply with any local fire ordinance.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

Part VIII Emergency Preparedness

22VAC40-61-520 Emergency preparedness and response plan

A. The center shall develop an emergency preparedness and response plan that shall address:

Documentation of initial and annual contact with the local emergency coordinator to determine (i) local disaster risks, (ii) community wide plans to address different disasters and emergency situations, and (iii) assistance, if any, that the local emergency management office will provide to the center in an emergency.
Analysis of the center's potential hazards, including severe weather, biohazard events, fire, loss of utilities, flooding, work place violence or terrorism, severe injuries, or other emergencies that would disrupt normal operation of the center.
Emergency management policies and procedures for the provision of:

a. Administrative direction and management of response activities;

b. Coordination of logistics during the emergency;

c. Communications;

d. Life safety of participants, staff, volunteers, and visitors;

e. Property protection;

f. Continued services to participants;

g. Community resource accessibility; and

h. Recovery and restoration.

Emergency response procedures for assessing the situation; protecting participants, staff, volunteers, visitors, equipment, medications, and vital records; and restoring services. Emergency response procedures shall address:

a. Alerting emergency personnel and center staff;

b. Warning and notification of participants, including sounding of alarms when appropriate;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations and sheltering in place, as appropriate, and accounting for all participants;

e. Locating and shutting off utilities when necessary;

f. Maintaining and operating emergency equipment effectively and safely;

g. Communicating with staff and community emergency responders during the emergency;

h. Conducting relocations to emergency shelters or alternative sites when necessary and accounting for all participants; and

i. Strategies for reunification of participants with their family or legal representative.

Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, and as applicable, memoranda of understanding with relocation sites and list of major resources such as suppliers of emergency equipment.

B. Staff and volunteers shall be knowledgeable in and prepared to implement the emergency preparedness plan in the event of an emergency.

C. The center shall develop and implement an orientation and semi-annual review on the emergency preparedness and response plan for all staff, participants, and volunteers with emphasis placed on an individual's respective responsibilities, except that for participants, the orientation and review may be limited to only subdivisions 1 and 2 of this subsection. The review shall be documented by signing and dating. The orientation and review shall cover responsibilities for:

Alerting emergency personnel and sounding alarms;
Implementing evacuation, shelter in place, and relocation procedures;
Using, maintaining, and operating emergency equipment;
Accessing emergency medical information, equipment, and medications for participants;
Locating and shutting off utilities; and
Utilizing community support services.

D. The center shall review the emergency preparedness and response plan annually or more often as needed, document the review by signing and dating the plan, and make necessary revisions. Such revisions shall be communicated to staff, participants, and volunteers and incorporated into the orientation and semi-annual review.

E. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of participants, the center shall take appropriate action to protect the participants and to remedy the conditions as soon as possible.

F. After the disaster or emergency is stabilized, the center shall:

Notify participants, family members and legal representatives; and
Report the disaster or emergency to the regional licensing office as specified in 22VAC40-61-90.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-530 Fire and emergency evacuation plan

A. The center shall have a plan for fire and emergency evacuation that is to be followed in the event of a fire or other emergency. The plan shall be approved by the appropriate fire official.

B. A fire and emergency evacuation drawing showing primary and secondary escape routes, areas of refuge, assembly areas, telephones, fire alarm boxes, and fire extinguishers shall be posted in a conspicuous place.

C. The telephone numbers for the fire department, rescue squad or ambulance, police, and Poison Control Center shall be posted by each telephone shown on the fire and emergency evacuation plan.

D. Staff and volunteers shall be fully informed of the approved fire and emergency evacuation plan, including their duties, and the location and operation of fire extinguishers, fire alarm boxes, and any other available emergency equipment.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-540 Fire and emergency evacuation drills

A. Fire and emergency evacuation drill frequency and participation shall be in accordance with the current edition of the Virginia Statewide Fire Prevention Code (13VAC5-51).

B. Additional fire and emergency evacuation drills shall be held when there is any reason to question whether the requirements of the approved fire and emergency evacuation plan can be met.

C. Each required fire and emergency evacuation drill shall be unannounced.

D. Immediately following each required fire and emergency evacuation drill, there shall be an evaluation of the drill by the staff in order to determine the effectiveness of the drill. The licensee or director shall immediately correct any problems identified in the evaluation and document the corrective action taken.

E. A record of the required fire and emergency evacuation drills shall be kept in the center for two years. Such record shall include:

Identity of the person conducting the drill;
The date and time of the drill;
The method used for notification of the drill;
The number of staff participating;
The number of participants participating;
Any special conditions simulated;
The time it took to complete the drill;
Weather conditions; and
Problems encountered, if any.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-550 Emergency equipment and supplies

A. Each building of the center and all vehicles being used to transport participants shall contain a first aid kit which shall include:

Scissors;
Tweezers;
Gauze pads;
Adhesive tape;
Adhesive bandages in assorted sizes;
Triangular bandages;
Flexible gauze;
Antiseptic cleansing solution;
Antibacterial ointment;
Bee sting swabs or preparation;
Ice pack or ice bag;
Thermometer;
Small operable flashlight;
Single use gloves, such as surgical or examining gloves;
Disposable single-use breathing barriers or shields for use with breathing or CPR (e.g., CPR mask or other type); and
The first aid instructional manual.

B. The first aid kit shall be located in a designated place that is easily accessible to staff but not accessible to participants.

C. The first aid kit shall be checked at least annually and contents shall be replaced before expiration dates and as necessary.

D. Emergency equipment shall be available for use in the event of loss of utilities such as, but not limited to, a working flashlight, extra batteries, a portable radio, and a telephone or other communication device.

E. A plan shall be in place to provide an emergency meal and a supply of water to all participants in the event that meals are not able to be prepared or participants are required to shelter in place for a period of time.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

22VAC40-61-560 Plan for participant emergencies

A. The center shall have a plan for participant emergencies that includes:

Procedures for handling medical emergencies, including identifying the staff person responsible for (i) calling the rescue squad, ambulance service, participant's physician, or Poison Control Center and (ii) providing first aid and CPR when indicated.
Procedures for handling mental health emergencies such as, but not limited to, catastrophic reaction or the need for a temporary detention order.
Procedures for making pertinent medical information and history available to the rescue squad and hospital, including a copy of the current medical administration record, advance directives, and Do Not Resuscitate Orders.
Procedures to be followed in the event that a participant is missing, including (i) involvement of center staff, appropriate law-enforcement agency, and others as needed; (ii) areas to be searched; (iii) expectations upon locating the participant such as medical attention; and (iv) documentation of the event.
Procedures to be followed in the event of a vehicle emergency to include notifying the center or emergency personnel, telephone numbers for vehicle repair, and options for alternate transportation. Procedures to be followed in the event that a participant's scheduled transportation does not arrive or the participant is stranded at the center shall also be developed. The center shall ensure that these procedures are in place for transportation provided by both the center and contracted services if appropriate.
Procedures for notifying the participant's family, and legal representative.
Procedures for notifying the regional licensing office as specified in 22VAC40-61-90.

B. If the center serves participants who wander, a door bell or alarm shall be installed or attached to alert staff to wandering participants.

C. Staff shall be trained on all requirements of subsection A of this section during orientation and during a semi-annual review.

D. The plan for participant emergencies shall be readily available to all staff, family members, and legal representatives.

History

Statutory Authority: § 63.2-1733 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.

Chapter 71 Standards and Regulations for Licensed Assisted Living Facilities [Repealed]

Part I General Provisions [REPEALED]

22VAC40-71-10 (Repealed.)

General Provisions [REPEALED]

Historical Notes

Derived from VR615-22-02:1 §§ 1.1 to 1.4, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Part II Personnel and Staffing Requirements [REPEALED]

22VAC40-71-50 (Repealed.)

Historical Notes

Derived from VR615-22-02:1 §§ 2.1 to 2.10, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Part III Admission, Retention and Discharge of Residents [REPEALED]

22VAC40-71-150 (Repealed.)

Historical Notes

Derived from VR615-22-02:1 §§ 3.1 to 3.2, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Part IV Resident Accommodations, Care and Related Services [REPEALED]

22VAC40-71-170 (Repealed.)

Historical Notes

Derived from VR615-22-02:1 §§ 4.1 to 4.33, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; derived from or amended, Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Part V Building and Grounds [REPEALED]

22VAC40-71-490 (Repealed.)

Historical Notes

Derived from VR615-22-02:1 §§ 5.1 to 5.14, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Part VI Additional Requirements for Facilities Licensed for Assisted Living Care [REPEALED]

22VAC40-71-630 (Repealed.)

Historical Notes

Derived from VR615-22-02:1 §§ 6.1 to 6.8, eff. February 1, 1996; amended, Virginia Register Volume 15, Issue 9, eff. February 18, 1999; Volume 19, Issue 8, eff. March 28, 2003; Errata 19:11 VA.R. 1790 February 10, 2003; repealed, Virginia Register Volume 23, Issue 6, eff. December 28, 2006.

Chapter 73 Standards for Licensed Assisted Living Facilities

Part I General Provisions

22VAC40-73-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administer medication" means to open a container of medicine or to remove the ordered dosage and to give it to the resident for whom it is ordered.

"Administrator" means the licensee or a person designated by the licensee who is responsible for the general administration and management of an assisted living facility and who oversees the day-to-day operation of the facility, including compliance with all regulations for licensed assisted living facilities.

"Admission" means the date a person actually becomes a resident of the assisted living facility and is physically present at the facility.

"Advance directive" means, as defined in § 54.1-2982 of the Code of Virginia, (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54.1-2983 of the Code of Virginia or (ii) a witnessed oral statement, made by the declarant subsequent to the time the declarant is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 54.1-2983 of the Code of Virginia.

"Ambulatory" means the condition of a resident who is physically and mentally capable of self-preservation by evacuating in response to an emergency to a refuge area as defined by 13VAC5-63, the Virginia Uniform Statewide Building Code, without the assistance of another person, or from the structure itself without the assistance of another person if there is no such refuge area within the structure, even if such resident may require the assistance of a wheelchair, walker, cane, prosthetic device, or a single verbal command to evacuate.

"Assisted living care" means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require at least moderate assistance with the activities of daily living. Included in this level of service are individuals who are dependent in behavior pattern (i.e., abusive, aggressive, disruptive) as documented on the uniform assessment instrument.

"Assisted living facility" means, as defined in § 63.2-100 of the Code of Virginia, any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged or infirm or who have disabilities and who are cared for in a primarily residential setting, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, but including any portion of such facility not so licensed; (ii) the home or residence of an individual who cares for or maintains only persons related to that individual by blood or marriage; (iii) a facility or portion of a facility serving individuals who are infirm or who have disabilities between the ages of 18 and 21 years, or 22 years if enrolled in an educational program for individuals with disabilities pursuant to § 22.1-214 of the Code of Virginia, when such facility is licensed by the department as a children's residential facility under Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia, but including any portion of the facility not so licensed; and (iv) any housing project for individuals who are 62 years of age or older or individuals with disabilities that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority. Included in this definition are any two or more places, establishments, or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more adults who are aged or infirm or who have disabilities. Maintenance or care means the protection, general supervision, and oversight of the physical and mental well-being of an individual who is aged or infirm or who has a disability.

"Attorney-in-fact" means strictly, one who is designated to transact business for another: a legal agent.

"Behavioral health authority" means the organization, appointed by and accountable to the governing body of the city or county that established it, that provides mental health, developmental, and substance abuse services through its own staff or through contracts with other organizations and providers.

"Board" means the State Board of Social Services.

"Building" means a structure with exterior walls under one roof.

"Cardiopulmonary resuscitation" or "CPR" means an emergency procedure consisting of external cardiac massage and artificial respiration; the first treatment for a person who has collapsed, has no pulse, and has stopped breathing; and attempts to restore circulation of the blood and prevent death or brain damage due to lack of oxygen.

"Case management" means multiple functions designed to link clients to appropriate services. Case management may include a variety of common components such as initial screening of needs, comprehensive assessment of needs, development and implementation of a plan of care, service monitoring, and client follow-up.

"Case manager" means an employee of a public human services agency who is qualified and designated to develop and coordinate plans of care.

"Chapter" or "this chapter" means these regulations, that is, Standards for Licensed Assisted Living Facilities, 22VAC40-73, unless noted otherwise.

"Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms or symptoms from mental illness or intellectual disability and that prohibits the resident from reaching the resident's highest level of functioning.

"Commissioner" means the commissioner of the department, the commissioner's designee, or authorized representative.

"Community services board" or "CSB" means a public body established pursuant to § 37.2-501 of the Code of Virginia that provides mental health, developmental, and substance abuse programs and services within the political subdivision participating on the board.

"Companion services" means assistance provided to residents in such areas as transportation, meal preparation, shopping, light housekeeping, companionship, and household management.

"Conservator" means a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person and, where the context plainly indicates, includes a "limited conservator" or a "temporary conservator." The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public conservator pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt charitable organization established pursuant to § 501(c)(3) of the Internal Revenue Code to provide conservatorial services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public conservator, it may also serve as a conservator for other individuals.

"Continuous licensed nursing care" means around-the-clock observation, assessment, monitoring, supervision, or provision of medical treatments provided by a licensed nurse. Individuals requiring continuous licensed nursing care may include:

Individuals who have a medical instability due to complexities created by multiple, interrelated medical conditions; or
Individuals with a health care condition with a high potential for medical instability.

"Days" means calendar days unless noted otherwise.

"Department" means the Virginia Department of Social Services.

"Department's representative" means an employee or designee of the Virginia Department of Social Services, acting as an authorized agent of the Commissioner of Social Services.

"Dietary supplement" means a product intended for ingestion that supplements the diet, is labeled as a dietary supplement, is not represented as a sole item of a meal or diet, and contains a dietary ingredient (e.g., vitamins, minerals, amino acids, herbs or other botanicals, dietary substances such as enzymes, and concentrates, metabolites, constituents, extracts, or combinations of the preceding types of ingredients). Dietary supplements may be found in many forms, such as tablets, capsules, liquids, or bars.

"Direct care staff" means supervisors, assistants, aides, or other staff of a facility who assist residents in the performance of personal care or daily living activities.

"Discharge" means the movement of a resident out of the assisted living facility.

"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

"Emergency placement" means the temporary status of an individual in an assisted living facility when the person's health and safety would be jeopardized by denying entry into the facility until the requirements for admission have been met.

"Emergency restraint" means a restraint used when the resident's behavior is unmanageable to the degree an immediate and serious danger is presented to the health and safety of the resident or others.

"General supervision and oversight" means assuming responsibility for the well-being of residents, either directly or through contracted agents.

"Guardian" means a person appointed by the court who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person's support, care, health, safety, habilitation, education, therapeutic treatment, and, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a "limited guardian" or a "temporary guardian." The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public guardian pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia or (ii) any local or regional tax-exempt charitable organization established pursuant to § 501(c)(3) of the Internal Revenue Code to provide guardian services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public guardian, it may also serve as a guardian for other individuals.

"Habilitative service" means activities to advance a normal sequence of motor skills, movement, and self-care abilities or to prevent avoidable additional deformity or dysfunction.

"Health care provider" means a person, corporation, facility, or institution licensed by the Commonwealth to provide health care or professional services, including a physician or hospital, dentist, pharmacist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, physical therapy assistant, clinical psychologist, or health maintenance organization.

"Household member" means any person domiciled in an assisted living facility other than residents or staff.

"Imminent physical threat or danger" means clear and present risk of sustaining or inflicting serious or life-threatening injuries.

"Independent clinical psychologist" means a clinical psychologist who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the facility.

"Independent living status" means that the resident is assessed as capable of performing all activities of daily living and instrumental activities of daily living independently without requiring the assistance of another person and is assessed as capable of taking medications without the assistance of another person. If the policy of a facility dictates that medications are administered or distributed centrally without regard for the residents' capacity, this policy shall not be considered in determining independent status.

"Independent physician" means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the facility.

"Individualized service plan" or "ISP" means the written description of actions to be taken by the licensee, including coordination with other services providers, to meet the assessed needs of the resident.

"Instrumental activities of daily living" or "IADLs" means meal preparation, housekeeping, laundry, and managing money. A person's degree of independence in performing these activities is a part of determining appropriate level of care and services.

"Intellectual disability" means disability, originating before the age of 18 years, characterized concurrently by (i) significantly subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills.

"Intermittent intravenous therapy" means therapy provided by a licensed health care professional at medically predictable intervals for a limited period of time on a daily or periodic basis.

"Legal representative" means a person legally responsible for representing or standing in the place of the resident for the conduct of the resident's affairs. This may include a guardian, conservator, attorney-in-fact under durable power of attorney ("durable power of attorney" defines the type of legal instrument used to name the attorney-in-fact and does not change the meaning of attorney-in-fact), trustee, or other person expressly named by a court of competent jurisdiction or the resident as the resident's agent in a legal document that specifies the scope of the representative's authority to act. A legal representative may only represent or stand in the place of a resident for the functions for which the legal representative has legal authority to act. A resident is presumed competent and is responsible for making all health care, personal care, financial, and other personal decisions that affect the resident's life unless a representative with legal authority has been appointed by a court of competent jurisdiction or has been appointed by the resident in a properly executed and signed document. A resident may have different legal representatives for different functions. For any given standard, the term "legal representative" applies solely to the legal representative with the authority to act in regard to the functions relevant to that particular standard.

"Licensee" means any person, association, partnership, corporation, company, or public agency to whom the license is issued.

"Manager" means a designated person who serves as a manager pursuant to 22VAC40-73-170 and 22VAC40-73-180.

"Mandated reporter" means persons specified in § 63.2-1606 of the Code of Virginia who are required to report matters giving reason to suspect abuse, neglect, or exploitation of an adult.

"Maximum physical assistance" means that an individual has a rating of total dependence in four or more of the seven activities of daily living as documented on the uniform assessment instrument. An individual who can participate in any way with performance of the activity is not considered to be totally dependent.

"Medical/orthopedic restraint" means the use of a medical or orthopedic support device that has the effect of restricting the resident's freedom of movement or access to the resident's body for the purpose of improving the resident's stability, physical functioning, or mobility.

"Medication aide" means a staff person who has current registration with the Virginia Board of Nursing to administer drugs that would otherwise be self-administered to residents in an assisted living facility in accordance with the Regulations Governing the Registration of Medication Aides (18VAC90-60). This definition also includes a staff person who is an applicant for registration as a medication aide in accordance with subdivision 2 of 22VAC40-73-670.

"Mental illness" means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.

"Mental impairment" means a disability that reduces an individual's ability to reason logically, make appropriate decisions, or engage in purposeful behavior.

"Minimal assistance" means dependency in only one activity of daily living or dependency in one or more of the instrumental activities of daily living as documented on the uniform assessment instrument.

"Moderate assistance" means dependency in two or more of the activities of daily living as documented on the uniform assessment instrument.

"Nonambulatory" means the condition of a resident who by reason of physical or mental impairment is not capable of self-preservation without the assistance of another person.

"Nonemergency restraint" means a restraint used for the purpose of providing support to a physically weakened resident.

"Physical impairment" means a condition of a bodily or sensory nature that reduces an individual's ability to function or to perform activities.

"Physical restraint" means any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that the resident cannot remove easily, which restricts freedom of movement or access to the resident's body.

"Physician" means an individual licensed to practice medicine or osteopathic medicine in any of the 50 states or the District of Columbia.

"Premises" means a building or group of buildings under one license, together with the land or grounds on which located.

"Prescriber" means a practitioner who is authorized pursuant to §§ 54.1-3303 and 54.1-3408 of the Code of Virginia to issue a prescription.

"Private duty personnel" means an individual hired, either directly or through a licensed home care organization, by a resident, family member, legal representative, or similar entity to provide one-on-one services to the resident, such as a private duty nurse, home attendant, personal aide, or companion. Private duty personnel are not hired by the facility, either directly or through a contract.

"Private pay" means that a resident of an assisted living facility is not eligible for an auxiliary grant.

"Psychopharmacologic drug" means any drug prescribed or administered with the intent of controlling mood, mental status, or behavior. Psychopharmacologic drugs include not only the obvious drug classes, such as antipsychotic, antidepressants, and the antianxiety/hypnotic class, but any drug that is prescribed or administered with the intent of controlling mood, mental status, or behavior, regardless of the manner in which it is marketed by the manufacturers and regardless of labeling or other approvals by the U.S. Food and Drug Administration.

"Public pay" means that a resident of an assisted living facility is eligible for an auxiliary grant.

"Qualified" means having appropriate training and experience commensurate with assigned responsibilities, or if referring to a professional, possessing an appropriate degree or having documented equivalent education, training, or experience. There are specific definitions for "qualified assessor" and "qualified mental health professional" in this section.

"Qualified assessor" means an individual who is authorized to perform an assessment, reassessment, or change in level of care for an applicant to or resident of an assisted living facility. For public pay individuals, a qualified assessor is an employee of a public human services agency trained in the completion of the uniform assessment instrument (UAI). For private pay individuals, a qualified assessor is an employee of the assisted living facility trained in the completion of the UAI or an independent private physician or a qualified assessor for public pay individuals.

"Qualified mental health professional" means a behavioral health professional who is trained and experienced in providing psychiatric or mental health services to individuals who have a psychiatric diagnosis, including (i) a physician licensed in Virginia; (ii) a psychologist: an individual with a master's degree in psychology from a college or university accredited by an association recognized by the U.S. Secretary of Education, with at least one year of clinical experience; (iii) a social worker: an individual with at least a master's degree in human services or related field (e.g., social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, or human services counseling) from a college or university accredited by an association recognized by the U.S. Secretary of Education, with at least one year of clinical experience providing direct services to persons with a diagnosis of mental illness; (iv) a registered psychiatric rehabilitation provider (RPRP) registered with the International Association of Psychosocial Rehabilitation Services (IAPSRS); (v) a clinical nurse specialist or psychiatric nurse practitioner licensed in the Commonwealth of Virginia with at least one year of clinical experience working in a mental health treatment facility or agency; (vi) any other licensed mental health professional; or (vii) any other person deemed by the Department of Behavioral Health and Developmental Services as having qualifications equivalent to those described in this definition. Any unlicensed person who meets the requirements contained in this definition shall either be under the supervision of a licensed mental health professional or employed by an agency or organization licensed by the Department of Behavioral Health and Developmental Services.

"Rehabilitative services" means activities that are ordered by a physician or other qualified health care professional that are provided by a rehabilitative therapist (e.g., physical therapist, occupational therapist, or speech-language pathologist). These activities may be necessary when a resident has demonstrated a change in the resident's capabilities and are provided to restore or improve the resident's level of functioning.

"Resident" means any adult residing in an assisted living facility for the purpose of receiving maintenance or care. The definition of resident also includes adults residing in an assisted living facility who have independent living status. Adults present in an assisted living facility for part of the day for the purpose of receiving day services are also considered residents.

"Residential living care" means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with the activities of daily living. Included in this level of service are individuals who are dependent in medication administration as documented on the uniform assessment instrument, although they may not require minimal assistance with the activities of daily living. This definition includes the services provided by the facility to individuals who are assessed as capable of maintaining themselves in an independent living status.

"Respite care" means services provided in an assisted living facility for the maintenance or care of adults who are aged or infirm or who have a disability for a temporary period of time or temporary periods of time that are regular or intermittent. Facilities offering this type of care are subject to this chapter.

"Restorative care" means activities designed to assist the resident in reaching or maintaining the resident's level of potential. These activities are not required to be provided by a rehabilitative therapist and may include activities such as range of motion, assistance with ambulation, positioning, assistance and instruction in the activities of daily living, psychosocial skills training, and reorientation and reality orientation.

"Restraint" means either "physical restraint" or "chemical restraint" as these terms are defined in this section.

"Safe, secure environment" means a self-contained special care unit for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia who cannot recognize danger or protect their own safety and welfare. There may be one or more self-contained special care units in a facility or the whole facility may be a special care unit. Nothing in this definition limits or contravenes the privacy protections set forth in § 63.2-1808 of the Code of Virginia.

"Sanitizing" means treating in such a way to remove bacteria and viruses through using a disinfectant solution (e.g., bleach solution or commercial chemical disinfectant) or physical agent (e.g., heat).

"Serious cognitive impairment" means severe deficit in mental capability of a chronic, enduring, or long-term nature that affects areas such as thought processes, problem-solving, judgment, memory, and comprehension and that interferes with such things as reality orientation, ability to care for self, ability to recognize danger to self or others, and impulse control. Such cognitive impairment is not due to (i) acute or episodic conditions, (ii) conditions arising from treatable metabolic or chemical imbalances, or (iii) reactions to medication or toxic substances. For the purposes of this chapter, serious cognitive impairment means that an individual cannot recognize danger or protect the individual's own safety and welfare.

"Significant change" means a change in a resident's condition that is expected to last longer than 30 days. It does not include short-term changes that resolve with or without intervention, a short-term acute illness or episodic event, or a well-established, predictive, cyclic pattern of clinical signs and symptoms associated with a previously diagnosed condition where an appropriate course of treatment is in progress.

"Skilled nursing treatment" means a service ordered by a physician or other prescriber that is provided by and within the scope of practice of a licensed nurse.

"Skills training" means systematic skill building through curriculum-based psychoeducational and cognitive-behavioral interventions. These interventions break down complex objectives for role performance into simpler components, including basic cognitive skills such as attention, to facilitate learning and competency.

"Staff" or "staff person" means personnel working at a facility who are compensated or have a financial interest in the facility, regardless of role, service, age, function, or duration of employment at the facility. "Staff" or "staff person" also includes those individuals hired through a contract with the facility to provide services for the facility.

"Substance abuse" means the use of drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia), without a compelling medical reason, or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior; and (iii) because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care. All determinations of whether a compelling medical reason exists shall be made by a physician or other qualified medical personnel.

"Systems review" means a physical examination of the body to determine if the person is experiencing problems or distress, including cardiovascular system, respiratory system, gastrointestinal system, urinary system, endocrine system, musculoskeletal system, nervous system, sensory system, and the skin.

"Transfer" means movement of a resident to a different assigned living area within the same licensed facility.

"Trustee" means one who stands in a fiduciary or confidential relation to another; especially one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary.

"Uniform assessment instrument" or "UAI" means the department-designated assessment form. There is an alternate version of the form that may be used for private pay residents. Social and financial information that is not relevant because of the resident's payment status is not included on the private pay version of the form.

"Volunteer" means a person who works at an assisted living facility who is not compensated. An exception to this definition is a person who, either as an individual or as part of an organization, is only present at or facilitates group activities on an occasional basis or for special events.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; Errata, 34:8 VA.R. 832 December 11, 2017; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-73-20 Requirements of law and applicability

A. Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2 of the Code of Virginia include requirements of law relating to licensure, including licensure of assisted living facilities.

B. This chapter applies to assisted living facilities as defined in § 63.2-100 of the Code of Virginia and in 22VAC40-73-10.

Each assisted living facility shall comply with Parts I (22VAC40-73-10 et seq.) through IX (22VAC40-73-950 et seq.) of this chapter.
An assisted living facility that cares for adults with serious cognitive impairments shall also comply with Part X (22VAC40-73-1000 et seq.) of this chapter.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-30 Program of care

There shall be a program of care that:

Meets the resident's physical, mental, emotional, psychosocial, and spiritual needs;
Promotes the resident's highest level of functioning;
Provides protection, guidance, and supervision;
Promotes a sense of security, self-worth, and independence; and
Promotes the resident's involvement with appropriate programs and community resources based on the resident's needs and interests.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part II Administration and Administrative Services

22VAC40-73-40 Licensee

A. The licensee shall ensure compliance with all regulations for licensed assisted living facilities and terms of the license issued by the department; with relevant federal, state, and local laws; with other relevant regulations; and with the facility's own policies and procedures.

B. The licensee shall:

Give evidence of financial responsibility and solvency.
Be of good character and reputation in accordance with § 63.2-1702 of the Code of Virginia. Character and reputation investigation includes background checks as required by § 63.2-1721 of the Code of Virginia.
Meet the requirements specified in the Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers (22VAC40-90).
Act in accordance with General Procedures and Information for Licensure (22VAC40-80).
Protect the physical and mental well-being of residents.
Exercise general supervision over the affairs of the licensed facility and establish policies and procedures concerning its operation in conformance with applicable law, this chapter, and the welfare of the residents.
Ensure that the licensee, the licensee's agents, the facility administrator, or facility staff or the relatives of any of these persons shall not act as, seek to become, or become the conservator or guardian of any resident unless specifically so appointed by a court of competent jurisdiction pursuant to Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 of the Code of Virginia.
Ensure that the current license is posted in the facility in a place conspicuous to the residents and the public.
Ensure that the facility keeps and maintains at the facility records, reports, plans, schedules, and other information as required by this chapter for licensed assisted living facilities.
Ensure that any document required by this chapter to be posted shall be in at least 12-point type or equivalent size, unless otherwise specified.
Make certain that when it is time to discard records, they are disposed of in a manner that ensures confidentiality.
Ensure that at all times the department's representative is afforded reasonable opportunity to inspect all of the facility's buildings, books, and records and to interview agents, employees, residents, and any person under its custody, control, direction, or supervision as specified in § 63.2-1706 of the Code of Virginia.

C. Upon initial application for an assisted living facility license, any person applying to operate such a facility who has not previously owned or managed or does not currently own or manage a licensed assisted living facility shall be required to undergo training by the commissioner. Training for such owners and currently employed administrators shall be required at the time of initial application for licensure. In all cases, such training shall be completed prior to the granting of any initial license.

The commissioner may also approve training programs provided by other entities and allow owners or administrators to attend such approved training programs in lieu of training by the commissioner.
The commissioner may, at the commissioner's discretion, also approve for licensure applicants who meet requisite experience criteria as established by the board.
The training programs shall focus on the health and safety regulations and resident rights as they pertain to assisted living facilities and shall be completed by the owner or administrator prior to the granting of an initial license.
The commissioner may, at the commissioner's discretion, issue a license conditioned upon the completion by the owner or administrator of the required training.

D. The licensee shall notify in writing the regional licensing office of intent to sell or voluntarily close the facility. The following shall apply:

No less than 60 days prior to the planned sale date or closure, the licensee shall notify the regional licensing office, residents, and as relevant, legal representatives, case managers, assessors, eligibility workers, and designated contact persons of the intended sale or closure of the facility and the date for such.

Exception: If plans are made at such time that 60-day notice is not possible, the licensee shall notify the regional licensing office, the residents, legal representatives, case managers, assessors, eligibility workers, and designated contact persons as soon as the intent to sell or close the facility is known.

If the facility is to be sold, at the time of notification specified in subdivision 1 of this subsection, the licensee shall explain to each resident, the resident's legal representative, case manager, assessor, and at least one designated contact person that the resident can choose whether to stay or relocate, unless the new licensee specifies relocation. If a resident chooses to stay, there must be a new resident agreement between the resident and the new licensee that meets the specifications of 22VAC40-73-390.
The licensee shall provide updates regarding the closure or sale of the facility to the regional licensing office, as requested.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-73-45 Liability insurance

A. Assisted living facilities shall maintain liability insurance coverage per occurrence according to the following licensed capacity tiers:

Tier I: A minimum of $250,000 for facilities licensed for 25 residents or fewer;
Tier II: A minimum of $400,000 for facilities licensed for more than 25 but no more than 75 residents;
Tier III: A minimum of $500,000 for facilities licensed for more than 75 but no more than 150 residents; or
Tier IV: A minimum of $1,000,000 for facilities licensed for 151 or more residents.

B. Each facility shall prepare and provide, upon request of the prospective resident or resident and resident's legal representative, if any, a statement that the facility maintains liability insurance in force to compensate residents or other individuals for injuries and losses from the negligent acts of the facility. The statement shall be made on the liability insurance statement form provided by the department.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 43, Issue 1, eff. September 23, 2026.

22VAC40-73-50 Disclosure

A. The assisted living facility shall prepare and provide a statement to the prospective resident and the prospective resident's legal representative, if any, that discloses information about the facility. The statement shall be on a form developed by the department and shall:

Disclose information fully and accurately in plain language;
Be provided in advance of admission and prior to signing an admission agreement or contract;
Be provided upon request; and
Disclose the following information, which shall be kept current:

a. Name of the facility;

b. Name of the licensee;

c. Ownership structure of the facility (e.g., individual, partnership, corporation, limited liability company, unincorporated association, or public agency);

d. Description of all accommodations, services, and care that the facility offers;

e. Fees charged for accommodations, services, and care, including clear information about what is included in the base fee and all fees for additional accommodations, services, and care;

f. Criteria for admission to the facility and restrictions on admission;

g. Criteria for transfer to a different living area within the same facility, including transfer to another level or type of care within the same facility or complex;

h. Criteria for discharge;

i. Categories, frequency, and number of activities provided for residents;

j. General number, position types, and qualifications of staff on each shift;

k. Whether the facility has an onsite emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply. If the facility does have an onsite emergency electrical power source, the statement must include (i) the items for which the source will supply power and (ii) whether staff of the facility have been trained to maintain and operate the power source. For the purposes of this subdivision k, an onsite emergency electrical power supply shall include both permanent emergency electrical power sources and portable emergency electrical power sources, provided that such temporary electrical power supply source remains on the premises of the facility at all times. Written acknowledgment of the disclosure shall be evidenced by the signature or initials of the resident or the resident's legal representative immediately following the onsite emergency electrical power source disclosure statement;

l. Notation that additional information about the facility that is included in the resident agreement is available upon request; and

m. The department's website address, with a note that additional information about the facility may be obtained from the website.

B. Written acknowledgment of the receipt of the disclosure by the resident or the resident's legal representative shall be retained in the resident's record.

C. The disclosure statement shall also be available to the general public, upon request.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019; Volume 43, Issue 1, eff. September 23, 2026.

22VAC40-73-60 Electronic records and signatures

A. Use of electronic records or signatures shall comply with the provisions of the Uniform Electronic Transactions Act (§ 59.1-479 et seq. of the Code of Virginia).

Develops, implements, and maintains specific policies and procedures for the use of electronic signatures;
Ensures that each electronic signature identifies the individual signing the document by name and title;
Ensures that the document cannot be altered after the signature has been affixed;
Ensures that access to the code or key sequence is limited;
Ensures that all users have signed statements that they alone have access to and use the key or computer password for their signature and will not share their key or password with others; and
Ensures that strong and substantial evidence exists that would make it difficult for the signer or the receiving party to claim the electronic representation is not valid.

C. A back-up and security system shall be utilized for all electronic documents.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-70 Incident reports

A. Each facility shall report to the regional licensing office within 24 hours any major incident that has negatively affected or that threatens the life, health, safety, or welfare of any resident.

B. The report required in subsection A of this section shall include (i) the name of the facility, (ii) the name or names of the resident or residents involved in the incident, (iii) the name of the person making the report, (iv) the date of the incident, (v) a description of the incident, and (vi) the actions taken in response to the incident.

C. The facility shall submit a written report of each incident specified in subsection A of this section to the regional licensing office within seven days from the date of the incident. The report shall be signed and dated by the administrator and include the following information:

Name and address of the facility;
Name of the resident or residents involved in the incident;
Date and time of the incident;
Description of the incident, the circumstances under which it happened, and, when applicable, extent of injury or damage;
Location of the incident;
Actions taken in response to the incident;
Actions to prevent recurrence of the incident, if applicable;
Name of staff person in charge at the time of the incident;
Names, telephone numbers, and addresses of witnesses to the incident, if any; and
Name, title, and signature of the person making the report, if other than the administrator, and date of the completion of the report.

D. The facility shall submit to the regional licensing office amendments to the written report when circumstances require, such as when substantial additional actions are taken, when significant new information becomes available, or there is resolution of the incident after submission of the report.

E. A copy of the written report of each incident shall be maintained by the facility for at least two years from the date of the incident.

F. If applicable, the facility shall ensure that there is documentation in the resident's record as required by 22VAC40-73-470 F.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-80 Management and control of resident funds

Pursuant to § 63.2-1808 A 3 of the Code of Virginia, the resident shall be free to manage his personal finances and funds regardless of source, unless a committee, conservator, or guardian has been appointed for a resident. However, the resident may request that the facility assist with the management of personal funds, and the facility may assist the resident in such management under the following conditions:

There shall be documentation of this request and delegation, signed and dated by the resident and the administrator. The documentation shall be maintained in the resident's record.
All resident funds shall be held separately from any other moneys of the facility. No resident funds shall be borrowed, used as assets of the facility, or used for purposes of personal interest by the licensee, operator, administrator, or facility staff.
The resident shall be given a choice of whether he wishes his funds to be maintained in an individual resident account or in a single account for the accumulated funds of multiple residents. Either type of account may be interest-bearing. If the account is interest-bearing, the resident must be provided his appropriate portion of the interest.
The facility may charge a reasonable amount for administration of the account, except for residents who are recipients of an auxiliary grant as account administration is covered by the grant.
The facility shall maintain a written accounting of money received and disbursed by the facility that shows a current balance. The written accounting of the funds shall be made available to the resident at least quarterly and upon request, and a copy shall also be placed in the resident's record.
The resident's funds shall be made available to the resident upon request.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-90 Safeguarding residents' funds

No licensee, facility administrator, or staff person shall act as either attorney-in-fact or trustee unless the resident has no other preferred designee and the resident himself expressly requests such service by or through facility personnel. When the licensee, facility administrator, or staff person acts as attorney-in-fact or trustee, the following applies:

There shall be documentation that the resident has requested such service and from whom, signed and dated by the resident, the licensee, the facility administrator, and if a staff person is to provide the service, the staff person. The documentation shall be maintained in the resident's record.
The licensee, facility administrator, or staff person so named attorney-in-fact or trustee shall be accountable at all times in the proper discharge of such fiduciary responsibility as provided under Virginia law.
The facility shall maintain a written accounting of money received and disbursed by the licensee, facility administrator, or staff person that shows a current balance. The written accounting of the funds shall be made available to the resident at least quarterly and upon request, and a copy shall also be placed in the resident's record.
The resident's funds shall be made available to the resident upon request.
Upon termination of the power of attorney or trust for any reason, the licensee, facility administrator, or staff person so named attorney-in-fact or trustee shall return all funds and assets, with full accounting, to the resident or to another responsible party expressly designated by the resident.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-100 Infection control program

A. The assisted living facility shall develop, in writing, and implement an infection control program addressing the surveillance, prevention, and control of disease and infection that is consistent with the federal Centers for Disease Control and Prevention (CDC) guidelines and the federal Occupational Safety and Health Administration (OSHA) bloodborne pathogens regulations.

A licensed health care professional, practicing within the scope of his profession and with training in infection prevention, shall participate in the development of infection prevention policies and procedures and shall ensure compliance with applicable guidelines and regulations.
The administrator shall ensure at least an annual review of infection prevention policies and procedures for any necessary updates. A licensed health care professional, practicing within the scope of his profession and with training in infection prevention, shall be included in the review to ensure compliance with applicable guidelines and regulations. Documentation of the review shall be maintained at the facility.
A staff person who has been trained in basic infection prevention shall participate in the annual review and serve as point of contact for the program. This person shall be responsible for on-going monitoring of the implementation of the infection control program.

B. The infection control program shall be applicable to all staff and volunteers and encompass all services as well as the entire premises.

C. The infection control program shall include:

Procedures for the implementation of infection prevention measures by staff and volunteers to include:

a. Use of standard precautions;

b. Use of personal protective equipment; and

c. Means to ensure hand hygiene;

Procedures for other infection prevention measures related to job duties include:

a. Determination of whether prospective or returning residents have acute infectious disease and use of appropriate measures to prevent disease transmission;

b. Use of safe injection practices and other procedures where the potential for exposure to blood or body fluids exists;

c. Blood glucose monitoring practices that are consistent with CDC recommendations. When assisted blood glucose monitoring is required, fingerstick devices shall not be used for more than one person;

d. The handling, storing, processing, and transporting of linens, supplies, and equipment in a manner that prevents the spread of infection;

e. The sanitation of rooms, including cleaning and disinfecting procedures, agents, and schedules;

f. The sanitation of equipment, including medical equipment that may be used on more than one resident (e.g., blood glucose meters and blood pressure cuffs, including cleaning and disinfecting procedures, agents, and schedules);

g. The handling, storing, processing, and transporting of medical waste in accordance with applicable regulations; and

h. Maintenance of an effective pest control program;

Readily accessible handwashing equipment and necessary personal protective equipment for staff and volunteers (e.g., soap, alcohol-based hand rubs, disposable towels or hot air dryers, and gloves);
Product specific instructions for use of cleaning and disinfecting agents (e.g., dilution, contact time, and management of accidental exposures); and
Initial training as specified in 22VAC40-73-120 C 4 and annual retraining of staff and volunteers in infection prevention methods, as applicable to job responsibilities and as required by 22VAC40-73-210 F.

D. The facility shall have a staff health program that includes:

Provision of information on recommended vaccinations, per guidelines from the CDC Advisory Committee on Immunization Practices (ACIP), to facility staff and volunteers who have any potential exposure to residents or to infectious materials, including body substances, contaminated medical supplies and equipment, contaminated environmental surfaces, or contaminated air;
Assurance that employees with communicable diseases are identified and prevented from work activities that could result in transmission to other personnel or residents;
An exposure control plan for bloodborne pathogens;
Documentation of screening and immunizations offered to, received by, or declined by employees in accordance with law, regulation, or recommendations of public health authorities, including access to hepatitis B vaccine; and
Compliance with requirements of the OSHA for reporting of workplace associated injuries or exposure to infection.

E. The facility administrator shall immediately make or cause to be made a report of an outbreak of disease as defined by the State Board of Health. Such report shall be made by rapid means to the local health director or to the Commissioner of the Virginia Department of Health and to the licensing representative of the Department of Social Services in the regional licensing office.

F. When recommendations are made by the Virginia Department of Health to prevent or control transmission of an infectious agent in the facility, the recommendations must be followed.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part III Personnel

22VAC40-73-110 Staff general qualifications

All staff shall:

Be considerate and respectful of the rights, dignity, and sensitivities of persons who are aged or infirm or who have disabilities;
Be able to speak, read, understand, and write in English as necessary to carry out their job responsibilities; and
Meet the requirements specified in the Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers (22VAC40-90).

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-73-120 Staff orientation and initial training

A. The orientation and training required in subsections B and C of this section shall occur within the first seven working days of employment. Until this orientation and training is completed, the staff person may only assume job responsibilities if under the sight supervision of a trained direct care staff person or administrator.

B. All staff shall be oriented to:

The purpose of the facility;
The facility's organizational structure;
The services provided;
The daily routines;
The facility's policies and procedures;
Specific duties and responsibilities of their positions; and
Required compliance with regulations for assisted living facilities as it relates to their duties and responsibilities.

C. All staff shall be trained in the relevant laws, regulations, and the facility's policies and procedures sufficiently to implement:

Emergency and disaster plans for the facility;
Procedures for the handling of resident emergencies;
Use of the first aid kit and knowledge of its location;
Handwashing techniques, standard precautions, infection risk-reduction behavior, and other infection control measures specified in 22VAC40-73-100;
Confidential treatment of personal information;
Requirements regarding the rights and responsibilities of residents;
Requirements and procedures for detecting and reporting suspected abuse, neglect, or exploitation of residents and for mandated reporters, the consequences for failing to make a required report, as set out in § 63.2-1606 of the Code of Virginia;
Procedures for reporting and documenting incidents as required in 22VAC40-73-70;
Methods of alleviating common adjustment problems that may occur when a resident moves from one residential environment to another; and
For direct care staff, the needs, preferences, and routines of the residents for whom they will provide care.

D. Staff orientation and initial training specified in this section may count toward the required annual training hours for the first year.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-130 Reports of abuse, neglect, or exploitation

A. All staff who are mandated reporters under § 63.2-1606 of the Code of Virginia shall report suspected abuse, neglect, or exploitation of residents in accordance with that section.

B. The facility shall notify the resident's contact person or legal representative when a report is made relating to the resident as referenced in subsection A of this section, without identifying any confidential information.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-140 Administrator qualifications

A. The administrator shall be at least 21 years of age.

B. The administrator shall be able to read and write and understand this chapter.

C. The administrator shall be able to perform the duties and carry out the responsibilities required by this chapter.

D. For a facility licensed only for residential living care that does not employ an administrator licensed by the Virginia Board of Long-Term Care Administrators, the administrator shall:

Be a high school graduate or shall have a General Education Development (GED) Certificate;
(i) Have successfully completed at least 30 credit hours of postsecondary education from a college or university accredited by an association recognized by the U.S. Secretary of Education and at least 15 of the 30 credit hours shall be in business or human services or a combination thereof; (ii) have successfully completed a course of study approved by the department that is specific to the administration of an assisted living facility; (iii) have a bachelor's degree from a college or university accredited by an association recognized by the U.S. Secretary of Education; or (iv) be a licensed nurse; and
Have at least one year of administrative or supervisory experience in caring for adults in a residential group care facility.

The requirements of this subsection shall not apply to an administrator of an assisted living facility employed prior to February 1, 2018, who met the requirements in effect when employed and who has been continuously employed as an assisted living facility administrator.

E. For a facility licensed for both residential and assisted living care, the administrator shall be:

Licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators pursuant to Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1 of the Code of Virginia; or
Authorized to temporarily practice pursuant to § 54.1-2408.4 of the Code of Virginia.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.

22VAC40-73-150 Administrator provisions and responsibilities

A. Each facility shall have an administrator of record.

B. If an administrator dies, resigns, is discharged, or becomes unable to perform his duties, the facility shall immediately employ a new administrator or appoint a qualified acting administrator so that no lapse in administrator coverage occurs.

The facility shall notify the department's regional licensing office in writing within 14 days of a change in a facility's administrator, including the resignation of an administrator, appointment of an acting administrator, and appointment of a new administrator, except that the time period for notification may differ as specified in subdivision 2 of this subsection.
For a facility licensed for both residential and assisted living care, the facility shall immediately notify the Virginia Board of Long-Term Care Administrators and the department's regional licensing office that the licensed administrator died, resigned, was discharged, or became unable to perform his duties and that a new licensed administrator has been employed or that the facility is operating without an administrator licensed by the Virginia Board of Long-Term Administrators, whichever is the case, and provide the last date of employment of the previous licensed administrator.
For a facility licensed for both residential and assisted living care, when an acting administrator is named, he shall notify the department's regional licensing office of his employment, and if he is intending to assume the position permanently, submit a completed application for an approved administrator-in-training program to the Virginia Board of Long-Term Care Administrators within 10 days of employment.
For a facility licensed for both residential and assisted living care, the acting administrator shall be qualified by education for an approved administrator-in-training program and have a minimum of one year of administrative or supervisory experience in a health care or long-term care facility or have completed such a program and be awaiting licensure.
A facility licensed only for residential living care may be operated by an acting administrator for no more than 90 days from the last date of employment of the administrator.
A facility licensed for both residential and assisted living care may be operated by an acting administrator for no more than 150 days, or not more than 90 days if the acting administrator has not applied for licensure, from the last date of employment of the licensed administrator.
An acting administrator may be granted one extension of up to 30 days in addition to the 150 days, as specified in subdivision 6 of this subsection, upon written request to the department's regional licensing office. An extension may only be granted if the acting administrator (i) has applied for licensure as a long-term care administrator pursuant to Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1 of the Code of Virginia, (ii) has completed the administrator-in-training program, and (iii) is awaiting the results of the national examination. If a 30-day extension is granted, the acting administrator shall immediately submit written notice of such to the Virginia Board of Long-Term Care Administrators.
A person may not become an acting administrator at any assisted living facility if the Virginia Board of Long-Term Care Administrators has refused to issue or renew, suspended, or revoked his assisted living facility or nursing home administrator license.
No assisted living facility shall operate under the supervision of an acting administrator pursuant to §§ 54.1-3103.1 and 63.2-1803 of the Code of Virginia more than two times during any two-year period unless authorized to do so by the department.

C. The administrator shall be responsible for the general administration and management of the facility and shall oversee the day-to-day operation of the facility. This shall include responsibility for:

Ensuring that care is provided to residents in a manner that protects their health, safety, and well-being;
Maintaining compliance with applicable laws and regulations;
Developing and implementing all policies, procedures, and services as required by this chapter;
Ensuring staff and volunteers comply with residents' rights;
Maintaining buildings and grounds;
Recruiting, hiring, training, and supervising staff; and
Ensuring the development, implementation, and monitoring of an individualized service plan for each resident, except that a plan is not required for a resident with independent living status.

D. The administrator shall report to the Director of the Department of Health Professions information required by and in accordance with § 54.1-2400.6 of the Code of Virginia regarding any person (i) licensed, certified, or registered by a health regulatory board or (ii) holding a multistate licensure privilege to practice nursing or an applicant for licensure, certification, or registration. Information required to be reported, under specified circumstances includes substance abuse and unethical or fraudulent conduct.

E. For a facility licensed only for residential living care, either the administrator or a designated assistant who meets the qualifications of the administrator shall be awake and on duty on the premises at least 40 hours per week with no fewer than 24 of those hours being during the day shift on weekdays, unless at least one of the following applies:

22VAC40-73-170 allows a shared administrator for smaller facilities.
If the administrator is licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators, the provisions regarding the administrator in subsection F of this section apply. When such is the case, there is no requirement for a designated assistant.

F. For a facility licensed for both residential and assisted living care, the administrator shall serve on a full-time basis as the onsite agent of the licensee and shall be responsible for the day-to-day administration and management of the facility, except as provided in 22VAC40-73-170.

G. The administrator, acting administrator, or as allowed in subsection E of this section, designated assistant administrator, shall not be a resident of the facility.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-73-160 Administrator training

A. For a facility licensed only for residential living care that does not employ a licensed administrator, the administrator shall attend at least 20 hours of training related to management or operation of a residential facility for adults or relevant to the population in care within 12 months from the starting date of employment and annually thereafter from that date. At least two of the required 20 hours of training shall focus on infection control and prevention, and when adults with mental impairments reside in the facility, at least six of the required 20 hours shall focus on topics related to residents' mental impairments. Documentation of attendance shall be retained at the facility and shall include type of training, name of the entity that provided the training, and date and number of hours of training.

B. All licensed administrators shall meet the continuing education requirements for continued licensure.

C. Any administrator who has not previously undergone the training specified in 22VAC40-73-40 C shall be required to complete that training within two months of employment as administrator of the facility. The training may be counted toward the annual training requirement for the first year, except that for licensed administrators, whether the training counts toward continuing education and for what period of time depends upon the administrator licensure requirements.

D. Administrators who supervise medication aides, as allowed by 22VAC40-73-670 3 b, but are not registered medication aides themselves, shall successfully complete a training program approved by the Virginia Board of Nursing for the registration of medication aides. The training program for such administrators must include a minimum of 68 hours of student instruction and training, but need not include the prerequisite for the program or the written examination for registration. The training shall be completed prior to supervising medication aides and may be counted toward the annual training requirement in subsection A of this section, except that for licensed administrators, whether the training counts toward continuing education and for what period of time depends upon the administrator licensure requirements. The following exceptions apply:

The administrator is licensed by the Commonwealth of Virginia to administer medications; or
Medication aides are supervised by an individual employed full time at the facility who is licensed by the Commonwealth of Virginia to administer medications.

E. Administrators who have completed the training program specified in subsection D of this section and who supervise medication aides shall be required to annually have (i) four hours of training in medication administration specific to the facility population or (ii) a refresher course in medication administration offered by a Virginia Board of Nursing approved program. Administrators are exempt from this annual medication training or refresher course during the first year after completion of the training program noted in subsection D of this section. For unlicensed administrators of a facility licensed only for residential living care this annual medication administration training or course may be counted toward the annual training requirement specified in subsection A of this section. For licensed administrators, whether the training counts toward continuing education and for what period of time depends upon the administrator licensure requirements.

F. If a designated assistant administrator, as allowed in 22VAC40-73-150 E supervises medication aides, the requirements of subsections D and E of this section apply to the designated assistant administrator.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-170 Shared administrator for smaller facilities

A. An administrator of a facility licensed only for residential living care, who is not licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators, is allowed to be present at a facility for fewer than the required minimum 40 hours per week in order to serve multiple facilities, without a designated assistant, under the following conditions:

The administrator shall serve no more than four facilities.
The combined total licensed capacity of the facilities served by the administrator shall be 40 or fewer residents.
The administrator shall be awake and on duty on the premises of each facility served for at least 10 hours a week, six of which must be during the day shift.
The administrator shall serve as a full-time administrator (i.e., shall be awake and on duty on the premises of all facilities served for a combined total of at least 40 hours a week).
Each of the facilities served shall be within a 30-minute average one-way travel time of the other facilities.
When not present at a facility, the administrator shall be on call to that facility during the hours he is working as an administrator and shall maintain such accessibility through suitable communication devices.
A designated assistant may act in place of the administrator during the required minimum of 40 hours only if the administrator is ill or on vacation and for a period of time that shall not exceed four consecutive weeks. The designated assistant shall meet the qualifications of the administrator.
Each of the facilities served shall have a manager, designated and supervised by the administrator. The manager shall be awake and on duty on the premises of the facility for the remaining part of the 40 required hours per week when the administrator or designated assistant is not present at the facility. The manager shall meet the following qualifications and requirements:

a. The manager shall be at least 21 years of age.

b. The manager shall be able to read and write, and understand this chapter.

c. The manager shall be able to perform the duties and to carry out the responsibilities of his position.

d. The manager shall:

(1) Be a high school graduate or have a General Education Development (GED) Certificate;

(2) (i) Have successfully completed at least 30 credit hours of postsecondary education from a college or university accredited by an association recognized by the U.S. Secretary of Education and at least 15 of the 30 credit hours shall be in business or human services or a combination thereof; (ii) have successfully completed a course of study of 40 or more hours approved by the department that is specific to the management of an assisted living facility; (iii) have a bachelor's degree from a college or university accredited by an association recognized by the U.S. Secretary of Education; or (iv) be a licensed nurse; and

(3) Have at least one year of administrative or supervisory experience in caring for adults in a residential group care facility.

e. Subdivision 8 d of this subsection does not apply to a manager of an assisted living facility employed prior to February 1, 2018, who met the requirements in effect when employed and who has been continuously employed as an assisted living facility manager.

f. The manager shall not be a resident of the facility.

g. The manager shall complete the training specified in 22VAC40-73-40 C within two months of employment as manager. The training may be counted toward the annual training requirement for the first year.

Exception: A manager employed prior to December 28, 2006, who met the requirements in effect when employed and who has been continuously employed as a manager.

h. The manager shall attend at least 20 hours of training related to management or operation of a residential facility for adults or relevant to the population in care within each 12-month period. When adults with mental impairments reside in the facility, at least six of the required 20 hours of training shall focus on topics related to residents' mental impairments and at least two of the required 20 hours on infection control and prevention. Documentation of attendance shall be retained at the facility and shall include title of course, name of the entity that provided the training, and date and number of hours of training.

There shall be a written management plan for each facility that describes how the administrator will oversee the care and supervision of the residents and the day-to-day operation of the facility.
The minimum of 40 hours per week required for the administrator or manager to be awake and on duty on the premises of a facility shall include at least 24 hours during the day shift on weekdays.

B. An administrator, who is licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators, may be responsible for the day-to-day administration and management of multiple facilities under the following conditions:

The administrator shall serve no more than four facilities.
The combined total licensed capacity of the facilities served by the administrator shall be 40 or fewer residents.
The administrator shall serve on a full-time basis as the on-site agent of the licensee or licensees, proportioning his time among all the facilities served in order to ensure that he provides sufficient administrative and management functions to each facility.
Each of the facilities served shall be within a 30-minute average one-way travel time of the other facilities.
When not present at a facility, the administrator shall be on call to that facility during the hours he is working as an administrator and shall maintain such accessibility through suitable communication devices.
Each of the facilities served shall have a manager, designated and supervised by the administrator, to assist the administrator in overseeing the care and supervision of the residents and the day-to-day operation of the facility. The majority of the time, the administrator and the manager shall be present at a facility at different times to ensure appropriate oversight of the facility. The manager shall meet the qualifications and requirements specified in subdivision A 8 of this section.

Exception: In regard to subdivision A 8 of this section, the reference to 40 hours is not relevant to a facility to which this subsection applies (i.e., a facility with a licensed administrator).

There shall be a written management plan for each facility that includes written policies and procedures that describe how the administrator shall oversee the care and supervision of the residents and the day-to-day operation of the facility.

C. This section shall not apply to an administrator who serves both an assisted living facility and a nursing home as provided for in 22VAC40-73-180.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-180 Administrator of both assisted living facility and nursing home

A. Any person meeting the qualifications for a licensed nursing home administrator pursuant to § 54.1-3103 of the Code of Virginia may serve as the administrator of both an assisted living facility and a licensed nursing home, provided the assisted living facility and licensed nursing home are part of the same building.

B. Whenever an assisted living facility and a licensed nursing home have a single administrator, there shall be a written management plan that addresses the care and supervision of the assisted living facility residents. The management plan shall include the following:

Written policies and procedures that describe how the administrator will oversee the care and supervision of the residents and the day-to-day operation of the facility.
If the administrator does not provide the direct management of the assisted living facility or only provides a portion thereof, the plan shall specify a designated individual who shall serve as manager and who shall be supervised by the administrator.
The manager referred to in subdivision 2 of this subsection shall be on site and meet the qualifications and requirements of 22VAC40-73-170 A 8, A 9, and A 10.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-190 Designated direct care staff person in charge

A. When the administrator, the designated assistant, or the manager is not awake and on duty on the premises, there shall be a designated direct care staff member in charge on the premises. However, when no residents are present at the facility, the designated staff person in charge does not have to be on the premises.

B. The specific duties and responsibilities of the designated direct care staff member in charge shall be determined by the administrator.

C. Prior to being placed in charge, the staff member shall be informed of and receive training on his duties and responsibilities and provided written documentation of such duties and responsibilities.

D. The staff member shall be awake and on duty on the premises while in charge.

E. The staff member in charge shall be capable of protecting the physical and mental well-being of the residents.

F. The administrator shall ensure that the staff member in charge is prepared to carry out his duties and responsibilities and respond appropriately in case of an emergency.

G. The staff member in charge shall not be a resident of the facility.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-200 Direct care staff qualifications

A. Direct care staff shall be at least 18 years of age unless certified in Virginia as a nurse aide.

B. Direct care staff who are responsible for caring for residents with special health care needs shall only provide services within the scope of their practice and training.

C. Direct care staff shall meet one of the requirements in this subsection. If the staff does not meet the requirement at the time of employment, he shall successfully meet one of the requirements in this subsection within two months of employment. Licensed health care professionals practicing within the scope of their profession are not required to complete the training in this subsection.

Certification as a nurse aide issued by the Virginia Board of Nursing.
Successful completion of a Virginia Board of Nursing-approved nurse aide education program.
Successful completion of a nursing education program preparing for registered nurse licensure or practical nurse licensure.
Current enrollment in a nursing education program preparing for registered nurse or practical nurse licensure and completion of at least one clinical course in the nursing program that includes at least 40 hours of direct client care clinical experience.
Successful completion of a personal care aide training program approved by the Virginia Department of Medical Assistance Services.
Successful completion of an educational program for geriatric assistant or home health aide or for nurse aide that is not covered under subdivision 2 of this subsection. The program shall be provided by a hospital, nursing facility, or educational institution and may include out-of-state training. The program must be approved by the department. To obtain department approval:

a. The facility shall provide to the department's representative an outline of course content, dates and hours of instruction received, the name of the entity that provided the training, and other pertinent information.

b. The department will make a determination based on the information in subdivision 6 a of this subsection and provide written confirmation to the facility when the educational program meets department requirements.

Successful completion of the department-approved 40-hour direct care staff training provided by a registered nurse or licensed practical nurse.
Direct care staff employed prior to February 1, 2018, who only cared for residents meeting the criteria for residential living care, and who were therefore not required to meet this subsection prior to February 1, 2018, shall successfully complete a training program consistent with this subsection no later than January 31, 2019.

D. The facility shall obtain a copy of the certificate issued or other documentation indicating that the person has met one of the requirements of subsection C of this section, which shall be part of the staff member's record in accordance with 22VAC40-73-250.

E. The administrator shall develop and implement a written plan for supervision of direct care staff who have not yet met the requirements as allowed for in subsection C of this section.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; Errata, 34:8 VA.R. 832 December 11, 2017.

22VAC40-73-210 Direct care staff training

A. In a facility licensed only for residential living care, all direct care staff shall attend at least 14 hours of training annually.

B. In a facility licensed for both residential and assisted living care, all direct care staff shall attend at least 18 hours of training annually.

C. Training for the first year shall commence no later than 60 days after employment.

D. The training shall be in addition to (i) required first aid training; (ii) CPR training, if taken; and (iii) for medication aides, continuing education required by the Virginia Board of Nursing.

E. The training shall be relevant to the population in care and shall be provided by a qualified individual through in-service training programs or institutes, workshops, classes, or conferences.

F. At least two of the required hours of training shall focus on infection control and prevention. When adults with mental impairments reside in the facility, at least four of the required hours shall focus on topics related to residents' mental impairments.

G. Documentation of the type of training received, the entity that provided the training, number of hours of training, and dates of the training shall be kept by the facility in a manner that allows for identification by individual staff person and is considered part of the staff member's record.

Exception: Direct care staff who are licensed health care professionals or certified nurse aides shall attend at least 12 hours of annual training.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-220 Private duty personnel

A. When private duty personnel from licensed home care organizations provide direct care or companion services to residents in an assisted living facility, the following applies:

Before direct care or companion services are initiated, the facility shall obtain, in writing, information on the type and frequency of the services to be delivered to the resident by private duty personnel, review the information to determine if it is acceptable, and provide notification to the home care organization regarding any needed changes.
The direct care or companion services provided by private duty personnel to meet identified needs shall be reflected on the resident's individualized service plan.
The facility shall ensure that the requirements of 22VAC40-73-250 D 1 through D 4 regarding tuberculosis are applied to private duty personnel and that the required reports are maintained by the facility or the licensed home care organization.
The facility shall provide orientation and training to private duty personnel regarding the facility's policies and procedures related to the duties of private duty personnel.
The facility shall ensure that documentation of resident care required by this chapter is maintained.
The facility shall monitor the delivery of direct care and companion services to the resident by private duty personnel.

B. When private duty personnel who are not employees of a licensed home care organization provide direct care or companion services to residents in an assisted living facility, the requirements listed under subdivisions A 2 through A 6 of this section apply. In addition, before direct care or companion services are initiated, the facility shall:

Obtain, in writing, information on the type and frequency of the services to be delivered to the resident by private duty personnel, review the information to determine if it is acceptable, and provide notification to whomever has hired the private duty personnel regarding any needed changes.
Ensure that private duty personnel are qualified for the types of direct care or companion services they are responsible for providing to residents and maintain documentation of the qualifications.
Review an original criminal history record report issued by the Virginia Department of State Police, Central Criminal Records Exchange, for each private duty personnel.

a. The report must be reviewed prior to initiation of services.

b. The date of the report must be no more than 90 days prior to the date of initiation of services, except that if private duty personnel change clients in the same facility with a lapse in service of not more than 60 days, a new criminal history record report shall not be required.

c. The administrator shall determine conformance to facility policy regarding private duty personnel and criminal history to protect the welfare of residents. The policy must be in writing. If private duty personnel are denied the ability to provide direct care or companion services due to convictions appearing on their criminal history record report, a copy of the report shall be provided to the private duty personnel.

d. The report and documentation that it was reviewed shall be maintained at the facility while the private duty person is at the facility and for one year after the last date of work.

e. Criminal history reports shall be maintained in locked files accessible only to the licensee, administrator, board president, or the respective designee.

f. Further dissemination of the criminal history record report information is prohibited other than to the commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

C. The requirements of subsections A and B of this section shall not apply to private duty personnel who only provide skilled nursing treatments as specified in 22VAC40-73-470 B.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-230 Staff duties performed by residents

A. Any resident who performs any staff duties shall meet the personnel and health requirements for that position.

B. There shall be a written agreement between the facility and any resident who performs staff duties.

The agreement shall specify duties, hours of work, and compensation.
The agreement shall not be a condition for admission or continued residence.
The resident shall enter into such an agreement voluntarily.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-240 Volunteers

A. Any volunteers used shall:

Have qualifications appropriate to the services they render; and
Be subject to laws and regulations governing confidential treatment of personal information.

B. No volunteer shall be permitted to serve in an assisted living facility without the permission of or unless under the supervision of a person who has received a criminal record clearance pursuant to § 63.2-1720 of the Code of Virginia.

C. The facility shall maintain the following documentation on volunteers:

Name.
Address.
Telephone number.
Emergency contact information.
Information on any qualifications, orientation, training, and education required by this chapter, including any specified relevant information.

D. Duties and responsibilities of all volunteers shall be clearly differentiated from those of persons regularly filling staff positions.

E. At least one staff person shall be assigned responsibility for coordinating volunteer services, including overall selection, supervision, and orientation of volunteers.

F. Prior to beginning volunteer service, all volunteers shall attend an orientation including information on their duties and responsibilities, resident rights, confidentiality, emergency procedures, infection control, the name of their supervisor, and reporting requirements. Volunteers shall sign and date a statement that they have received and understand this information.

G. All volunteers shall be under the supervision of a designated staff person when residents are present.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-250 Staff records and health requirements

A. A record shall be established for each staff person. It shall not be destroyed until at least two years after employment is terminated.

B. All staff records shall be retained at the facility, treated confidentially, and kept in a locked area.

Exception: Emergency contact information required by subdivision C 9 of this section shall also be kept in an easily accessible place.

C. Personal and social data to be maintained on staff and included in the staff record are as follows:

Name;
Birth date;
Current address and telephone number;
Position title and date employed;
Verification that the staff person has received a copy of his current job description;
An original criminal record report and a sworn disclosure statement;
Documentation of qualifications for employment related to the staff person's position, including any specified relevant information;
Verification of current professional license, certification, registration, medication aide provisional authorization, or completion of a required approved training course;
Name and telephone number of person to contact in an emergency;
Documentation of orientation, training, and education required by this chapter, including any specified relevant information, with annual training requirements determined by starting date of employment; and
Date of termination of employment.

D. Health information required by these standards shall be maintained at the facility and be included in the staff record for each staff person, and also shall be maintained at the facility for each household member who comes in contact with residents.

Initial tuberculosis examination and report.

a. Each staff person on or within seven days prior to the first day of work at the facility and each household member prior to coming in contact with residents shall submit the results of a risk assessment, documenting the absence of tuberculosis in a communicable form as evidenced by the completion of the current screening form published by the Virginia Department of Health or a form consistent with it.

b. The risk assessment shall be no older than 30 days.

Subsequent tuberculosis evaluations and reports.

a. Any staff person or household member required to be evaluated who comes in contact with a known case of infectious tuberculosis shall be screened as determined appropriate based on consultation with the local health department.

b. Any staff person or household member required to be evaluated who develops chronic respiratory symptoms of three weeks duration shall be evaluated immediately for the presence of infectious tuberculosis.

c. Each staff person or household member required to be evaluated shall annually submit the results of a risk assessment, documenting that the individual is free of tuberculosis in a communicable form as evidenced by the completion of the current screening form published by the Virginia Department of Health or a form consistent with it.

Any individual suspected to have infectious tuberculosis shall not be allowed to return to work or have any contact with the residents and personnel of the facility until a physician has determined that the individual is free of infectious tuberculosis.
The facility shall report any active case of tuberculosis developed by a staff person or household member required to be evaluated to the local health department.

E. Record of any vaccinations and immunizations received as noted in 22VAC40-73-100 D.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-260 First aid and CPR certification

A. First aid.

Each direct care staff member shall maintain current certification in first aid from the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute, community college, hospital, volunteer rescue squad, or fire department. The certification must either be in adult first aid or include adult first aid. To be considered current, first aid certification from community colleges, hospitals, volunteer rescue squads, or fire departments shall have been issued within the past three years.
Each direct care staff member who does not have current certification in first aid as specified in subdivision 1 of this subsection shall receive certification in first aid within 60 days of employment.
A direct care staff member who is a registered nurse, licensed practical nurse, or currently certified emergency medical technician, first responder, or paramedic does not have to meet the requirements of subdivisions 1 and 2 of this subsection.
In each building, there shall either be (i) at least one staff person at all times who has current certification in first aid that meets the specifications of this section; or (ii) an on-duty registered nurse, licensed practical nurse, or currently certified emergency medical technician, first responder, or paramedic.

B. Cardiopulmonary resuscitation (CPR).

There shall be at least one staff person in each building at all times who has current certification in CPR from the American Red Cross, American Heart Association, National Safety Council, or American Safety and Health Institute, or who has current CPR certification issued within the past two years by a community college, hospital, volunteer rescue squad, or fire department. The certification must either be in adult CPR or include adult CPR.
In facilities licensed for over 100 residents, at least one additional staff person who meets the requirements of subdivision 1 of this subsection shall be available for every 100 residents, or portion thereof. More staff persons who meet the requirements in subdivision 1 of this subsection shall be available if necessary to ensure quick access to residents in the event of the need for CPR.

C. A listing of all staff who have current certification in first aid or CPR, in conformance with subsections A and B of this section, shall be posted in the facility so that the information is readily available to all staff at all times. The listing must indicate by staff person whether the certification is in first aid or CPR or both and must be kept up to date.

D. A staff person with current certification in first aid and CPR shall be present for the duration of facility-sponsored activities off the facility premises, when facility staff are responsible for oversight of one or more residents during the activity.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-270 Direct care staff training when aggressive or restrained residents are in care

The following training is required for staff in assisted living facilities that accept, or have in care, residents who are or who may be aggressive or restrained:

Aggressive residents.

a. Direct care staff shall be trained in methods of dealing with residents who have a history of aggressive behavior or of dangerously agitated states prior to being involved in the care of such residents.

b. This training shall include, at a minimum, information, demonstration, and practical experience in self-protection and in the prevention and de-escalation of aggressive behavior.

Restrained residents.

a. Prior to being involved in the care of residents in restraints, direct care staff shall be appropriately trained in caring for the health needs of such residents.

b. This training shall include, at a minimum, information, demonstration, and experience in:

(1) The proper techniques for applying and monitoring restraints;

(2) Skin care appropriate to prevent redness, breakdown, and decubiti;

(3) Active and active assisted range of motion to prevent contractures;

(4) Observing and reporting signs and symptoms that may be indicative of obstruction of blood flow in extremities;

(5) Turning and positioning to prevent skin breakdown and keep the lungs clear;

(6) Provision of sufficient bed clothing and covering to maintain a normal body temperature;

(7) Provision of additional attention to meet the physical, mental, emotional, and social needs of the restrained resident; and

(8) Awareness of possible risks associated with restraint use and methods of reducing or eliminating such risks.

The training described in subdivisions 1 and 2 of this section shall meet the following criteria:

a. Training shall be provided by a qualified health professional.

b. A written description of the content of this training, a notation of the entity providing the training, and the names of direct care staff receiving the training shall be maintained by the facility except that, if the training is provided by the department, only a listing of direct care staff trained and the date of training are required.

Refresher training for all direct care staff shall be provided at least annually or more often as needed.

a. The refresher training shall encompass the techniques described in subdivision 1 or 2 of this section, or both.

b. The refresher training shall meet the requirements of subdivision 3 of this section.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part IV Staffing and Supervision

22VAC40-73-280 Staffing

A. The assisted living facility shall have staff adequate in knowledge, skills, and abilities and sufficient in numbers to provide services to attain and maintain the physical, mental, and psychosocial well-being of each resident as determined by resident assessments and individualized service plans, and to ensure compliance with this chapter.

B. The assisted living facility shall maintain a written plan that specifies the number and type of direct care staff required to meet the day-to-day, routine direct care needs and any identified special needs for the residents in care. This plan shall be directly related to actual resident acuity levels and individualized care needs.

C. An adequate number of staff persons shall be on the premises at all times to implement the approved fire and emergency evacuation plan.

D. At least one direct care staff member shall be awake and on duty at all times in each building when at least one resident is present.

Exception: For a facility licensed for residential living care only, in buildings that house 19 or fewer residents, the staff member on duty does not have to be awake during the night if (i) none of the residents have care needs that require a staff member awake at night and (ii) the facility ensures compliance with the requirements of 22VAC40-73-930 C.

E. No employee shall be permitted to work in a position that involves direct contact with a resident until a background check has been received as required in the Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers (22VAC40-90), unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of the background check regulation (22VAC40-90).

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-73-290 Work schedule and posting

A. The facility shall maintain a written work schedule that includes the names and job classifications of all staff working each shift, with an indication of whomever is in charge at any given time.

Any absences, substitutions, or other changes shall be noted on the schedule.
The facility shall maintain a copy of the schedule for two years.

B. The facility shall develop and implement a procedure for posting the name of the current on-site person in charge, as provided for in this chapter, in a place in the facility that is conspicuous to the residents and the public.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-300 Communication among staff

A. Procedures shall be established and reviewed with staff for communication among administrators, designated assistant administrators, managers, and designated staff persons in charge, as applicable to a facility, to ensure stable operations and sound transitions.

B. A method of written communication shall be utilized as a means of keeping direct care staff on all shifts informed of significant happenings or problems experienced by residents, including complaints and incidents or injuries related to physical or mental conditions.

A record shall be kept of the written communication for at least the past two years.
The information shall be included in the records of the involved residents.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part V Admission, Retention, and Discharge of Residents

22VAC40-73-310 Admission and retention of residents

A. No resident shall be admitted or retained:

For whom the facility cannot provide or secure appropriate care;
Who requires a level of care or service or type of service for which the facility is not licensed or which the facility does not provide; or
If the facility does not have staff appropriate in numbers and with appropriate skill to provide the care and services needed by the resident.

B. Assisted living facilities shall not admit an individual before a determination has been made that the facility can meet the needs of the individual. The facility shall make the determination based upon the following information at a minimum:

The completed UAI.
The physical examination report.
A documented interview between the administrator or a designee responsible for admission and retention decisions, the individual, and his legal representative, if any. In some cases, conditions may create special circumstances that make it necessary to hold the interview on the date of admission.
A mental health screening in accordance with 22VAC40-73-330 A.

C. An assisted living facility shall only admit or retain individuals as permitted by its use and occupancy classification and certificate of occupancy. The ambulatory or nonambulatory status, as defined in 22VAC40-73-10, of an individual is based upon:

Information contained in the physical examination report; and
Information contained in the most recent UAI.

D. Based upon review of the UAI prior to admission of a resident, the assisted living facility administrator shall provide written assurance to the resident that the facility has the appropriate license to meet his care needs at the time of admission. Copies of the written assurance shall be given to the legal representative and case manager, if any, and a copy signed by the resident or his legal representative shall be kept in the resident's record.

E. All residents shall be 18 years of age or older.

F. No person shall be admitted without his consent and agreement, or that of his legal representative with demonstrated legal authority to give such consent on his behalf.

G. The facility shall not require a person to relinquish the rights specified in § 63.2-1808 of the Code of Virginia as a condition of admission or retention.

H. In accordance with § 63.2-1805 D of the Code of Virginia, assisted living facilities shall not admit or retain individuals with any of the following conditions or care needs:

Ventilator dependency;
Dermal ulcers III and IV except those stage III ulcers that are determined by an independent physician to be healing;
Intravenous therapy or injections directly into the vein, except for intermittent intravenous therapy managed by a health care professional licensed in Virginia or as permitted in subsection K of this section;
Airborne infectious disease in a communicable state that requires isolation of the individual or requires special precautions by the caretaker to prevent transmission of the disease, including diseases such as tuberculosis and excluding infections such as the common cold;
Psychotropic medications without appropriate diagnosis and treatment plans;
Nasogastric tubes;
Gastric tubes except when the individual is capable of independently feeding himself and caring for the tube or as permitted in subsection K of this section;
Individuals presenting an imminent physical threat or danger to self or others;
Individuals requiring continuous licensed nursing care;
Individuals whose physician certifies that placement is no longer appropriate;
Unless the individual's independent physician determines otherwise, individuals who require maximum physical assistance as documented by the UAI and meet Medicaid nursing facility level of care criteria as defined in the State Plan for Medical Assistance Program (12VAC30-10); or
Individuals whose physical or mental health care needs cannot be met in the specific assisted living facility as determined by the facility.

I. When a resident has a stage III dermal ulcer that has been determined by an independent physician to be healing, periodic observation and any necessary dressing changes shall be performed by a licensed health care professional under a physician's or other prescriber's treatment plan.

J. Intermittent intravenous therapy may be provided to a resident for a limited period of time on a daily or periodic basis by a licensed health care professional under a physician's or other prescriber's treatment plan. When a course of treatment is expected to be ongoing and extends beyond a two-week period, evaluation is required at two-week intervals by the licensed health care professional.

K. At the request of the resident in an assisted living facility and when his independent physician determines that it is appropriate, care for the conditions or care needs (i) specified in subdivisions H 3 and H 7 of this section may be provided to the resident by a physician licensed in Virginia, a nurse licensed in Virginia or a nurse holding a multistate licensure privilege under a physician's treatment plan, or a home care organization licensed in Virginia or (ii) specified in subdivision H 7 of this section may also be provided to the resident by facility staff if the care is delivered in accordance with the regulations of the Board of Nursing for delegation by a registered nurse, 18VAC90-19-240 through 18VAC90-19-280, and 22VAC40-73-470 E. This standard does not apply to recipients of auxiliary grants.

L. When care for a resident's special medical needs is provided by licensed staff of a home care agency, the assisted living facility direct care staff may receive training from the home care agency staff in appropriate treatment monitoring techniques regarding safety precautions and actions to take in case of emergency. This training is required prior to direct care staff assuming such duties. Updated training shall be provided as needed. The training shall include content based on the resident's specific needs. The training shall be documented and maintained in the staff record.

M. Notwithstanding § 63.2-1805 of the Code of Virginia, at the request of the resident, hospice care may be provided in an assisted living facility under the same requirements for hospice programs provided in Article 7 (§ 32.1-162.1 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia if the hospice program determines that such program is appropriate for the resident. However, to the extent allowed by federal law, no assisted living facility shall be required to provide or allow hospice care if such hospice care restrictions are included in a disclosure statement that is signed by the resident prior to admission. If hospice care is provided, there shall be a written agreement between the assisted living facility and any hospice program that provides care in the facility. The agreement shall include:

Policies and procedures to ensure appropriate communication and coordination between the facility and the hospice program;
Specification of the roles and responsibilities of each entity, including listing of the services that will generally be provided by the facility and the services that will generally be provided by the hospice program;
Acknowledgment that the services provided to each resident shall be reflected on the individualized service plan as required in 22VAC40-73-450 D; and
Signatures of an authorized representative of the facility and an authorized representative of the hospice program.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; Errata, 34:12 VA.R. 1312 February 5, 2018.

22VAC40-73-320 Physical examination and report

A. Within the 30 days preceding admission, a person shall have a physical examination by an independent physician. The report of such examination shall be on file at the assisted living facility and shall contain the following:

The person's name, address, and telephone number;
The date of the physical examination;
Height, weight, and blood pressure;
Significant medical history;
General physical condition, including a systems review as is medically indicated;
Any diagnosis or significant problems;
Any known allergies and description of the person's reactions;
Any recommendations for care including medication, diet, and therapy;
Results of a risk assessment documenting the absence of tuberculosis in a communicable form as evidenced by the completion of the current screening form published by the Virginia Department of Health or a form consistent with it;
A statement that the individual does not have any of the conditions or care needs prohibited by 22VAC40-73-310 H;
A statement that specifies whether the individual is considered to be ambulatory or nonambulatory as defined in this chapter;
A statement that specifies whether the individual is or is not capable of self-administering medication; and
The signature of the examining physician or his designee.

B. Subsequent tuberculosis evaluations.

A risk assessment for tuberculosis shall be completed annually on each resident as evidenced by the completion of the current screening form published by the Virginia Department of Health or a form consistent with it.
Any resident who comes in contact with a known case of infectious tuberculosis shall be screened as deemed appropriate in consultation with the local health department.
Any resident who develops respiratory symptoms of three or more weeks duration with no medical explanation shall be referred for evaluation for the presence of infectious tuberculosis.
If a resident develops an active case of tuberculosis, the facility shall report this information to the local health department.

C. As necessary to determine whether a resident's needs can continue to be met in the assisted living facility, the department may request a current physical examination by an independent physician or psychiatric evaluation by an independent physician, including diagnosis and assessments.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-325 Fall risk rating

A. For residents who meet the criteria for assisted living care, by the time the comprehensive ISP is completed, a written fall risk rating shall be completed.

B. The fall risk rating shall be reviewed and updated under each of the following circumstances:

At least annually;
When the condition of the resident changes; and
After a fall.

C. Should a resident who meets the criteria for assisted living care fall, the facility must show documentation of an analysis of the circumstances of the fall and interventions that were initiated to prevent or reduce l risk of subsequent falls.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-330 Mental health screening

A. A mental health screening shall be conducted prior to admission if behaviors or patterns of behavior occurred within the previous six months that were indicative of mental illness, intellectual disability, substance abuse, or behavioral disorders and that caused, or continue to cause, concern for the health, safety, or welfare either of that individual or others who could be placed at risk of harm by that individual.

Exceptions:

If it is not possible for the screening to be conducted prior to admission, the individual may be admitted if all other admission requirements are met. The reason for the delay shall be documented and the screening shall be conducted as soon as possible, but no later than 30 days after admission.
The screening shall not be required for individuals under the care of a qualified mental health professional immediately prior to admission, as long as there is documentation of the person's psychosocial and behavioral functioning as specified in 22VAC40-73-340 A 1.

B. A mental health screening shall be conducted when a resident displays behaviors or patterns of behavior indicative of mental illness, intellectual disability, substance abuse, or behavioral disorders that cause concern for the health, safety, or welfare of either that resident or others who could be placed at risk of harm by the resident.

C. The mental health screening shall be conducted by a qualified mental health professional having no financial interest in the assisted living facility, directly or indirectly as an owner, officer, employee, or as an independent contractor with the facility.

D. A copy of the screening shall be filed in the resident's record.

E. If the screening indicates a need for mental health, intellectual disability, substance abuse, or behavioral disorder services for the resident, the facility shall provide:

Notification of the resident's need for such services to the community services board, behavioral health authority, or other appropriate licensed provider identified by the resident or his legal representative; and
Notification to the resident, authorized contact person of record, and physician of record that mental health services have been recommended for the resident.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-340 Psychosocial and behavioral history

A. When determining appropriateness of admission for an individual with mental illness, intellectual disability, substance abuse, or behavioral disorders, the following information shall be obtained by the facility:

If the prospective resident is referred by a state or private hospital, community services board, behavioral health authority, or long-term care facility, documentation of the individual's psychosocial and behavioral functioning shall be acquired prior to admission.
If the prospective resident is coming from a private residence, information about the individual's psychosocial and behavioral functioning shall be gathered from primary sources, such as family members, friends, or physician. Although there is no requirement for written information from primary sources, the facility must document the source and content of the information that was obtained.

B. The administrator or his designee shall document that the individual's psychosocial and behavioral history were reviewed and used to help determine the appropriateness of the admission.

C. If the individual is admitted, the psychosocial and behavioral history shall be used in the development of the person's individualized service plan and documentation of the history shall be filed in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-350 Sex offender information

A. The assisted living facility shall register with the Department of State Police to receive notice of the registration or reregistration of any sex offender within the same or a contiguous zip code area in which the facility is located, pursuant to § 9.1-914 of the Code of Virginia.

B. The assisted living facility shall ascertain, prior to admission, whether a potential resident is a registered sex offender if the facility anticipates the potential resident will have a length of stay greater than three days or in fact stays longer than three days and shall document in the resident's record that this was ascertained and the date the information was obtained.

C. The assisted living facility shall ensure that each resident or his legal representative is fully informed, prior to or at the time of admission and annually, that he should exercise whatever due diligence he deems necessary with respect to information on any sex offenders registered pursuant to Chapter 9 (§ 9.1-900 et. seq.) of Title 9.1 of the Code of Virginia, including how to obtain such information. Written acknowledgment of having been so informed shall be provided by the resident or his legal representative and shall be maintained in the resident's record.

D. At the same time that the person is informed as required in subsection C of this section, the assisted living facility shall provide notification that, upon request, the facility shall:

Assist the resident, prospective resident, or his legal representative in accessing the information on registered sex offenders; and
Provide the resident, prospective resident, or his legal representative with printed copies of the information on registered sex offenders.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-360 Emergency placement

A. An emergency placement shall occur only when the emergency is documented and approved by (i) an adult protective services worker for public pay individuals or (ii) an independent physician or an adult protective services worker for private pay individuals.

B. When an emergency placement occurs, the person shall remain in the assisted living facility no longer than seven days unless all the requirements for admission have been met and the person has been admitted.

C. The facility shall obtain sufficient information on the person to protect the health, safety, and welfare of the person while he remains at the facility as allowed by subsection B of this section.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-370 Respite care

If an assisted living facility provides respite care as defined in 22VAC40-73-10, the requirements of this chapter apply to the respite care, except as follows:

For individuals in respite care, the ISP shall be completed prior to the person participating in respite care and need not include expected outcome.
At the time an individual returns for respite care, the facility shall reevaluate the person's condition and care needs, and as needed, ensure that the uniform assessment instrument, the individualized service plan, and medication orders are updated. The reevaluation shall include observation of the person; interviews with the individual and his legal representative, if any; and consultation with others knowledgeable about the person, as appropriate. The reevaluation shall indicate in writing whether or not the person's condition or care needs have changed and specify any changes. The reevaluation shall be signed and dated by the staff person completing the reevaluation and by the individual in respite care or his legal representative and shall be retained in the individual's record.
If the period of time between respite care stays is six months or longer, a new physical examination report shall be required prior to the individual returning for respite care, except that a new tuberculosis screening would only be required one time per year. The examination shall take place within 30 days prior to the person's return for respite care.
The record for the individual in respite care shall include the dates of respite care.
The medication review required by 22VAC40-73-690 does not apply to individuals in respite care.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-380 Resident personal and social information

A. Prior to or at the time of admission to an assisted living facility, the following personal and social information on a person shall be obtained:

Name;
Last home address, and address from which resident was received, if different;
Date of admission;
Birth date or if unknown, estimated age;
Birthplace, if known;
Marital status, if known;
Name, address, and telephone number of all legal representatives, if any;
If there is a legal representative, copies of current legal documents that show proof of each legal representative's authority to act on behalf of the resident and that specify the scope of the representative's authority to make decisions and to perform other functions;
Name, address, and telephone number of next of kin, if known (two preferred);
Name, address, and telephone number of designated contact person authorized by the resident or legal representative, if appropriate, for notification purposes, including emergency notification and notification of the need for mental health, intellectual disability, substance abuse, or behavioral disorder services - if the resident or legal representative is willing to designate an authorized contact person. There may be more than one designated contact person. The designated contact person may also be listed under another category, such as next of kin or legal representative;
Name, address, and telephone number of the responsible individual stipulated in 22VAC40-73-550 H, if needed;
Name, address, and telephone number of personal physician, if known;
Name, address, and telephone number of personal dentist, if known;
Name, address, and telephone number of clergyman and place of worship, if applicable;
Name, address, and telephone number of local department of social services or any other agency, if applicable, and the name of the assigned case manager or caseworker;
Service in the armed forces, if applicable;
Lifetime vocation, career, or primary role;
Special interests and hobbies;
Known allergies, if any;
Information concerning advance directives, Do Not Resuscitate (DNR) Orders, or organ donation, if applicable;
Previous mental health or intellectual disability services history, if any, and if applicable for care or services;
Current behavioral and social functioning including strengths and problems; and
Any substance abuse history if applicable for care or services.

B. The personal and social information required in subsection A of this section shall be placed in the person's record and kept current.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-390 Resident agreement with facility

A. At or prior to the time of admission, there shall be a written agreement or acknowledgment of notification dated and signed by the resident or applicant for admission or the appropriate legal representative and by the licensee or administrator. This document shall include the following:

Financial arrangement for accommodations, services, and care that specifies:

a. Listing of specific charges for accommodations, services, and care to be made to the individual resident signing the agreement, the frequency of payment, and any rules relating to nonpayment;

b. Description of all accommodations, services, and care that the facility offers and any related charges;

c. For an auxiliary grant recipient, a list of services included under the auxiliary grant rate;

d. The amount and purpose of an advance payment or deposit payment and the refund policy for such payment, except that recipients of auxiliary grants may not be charged an advance payment or deposit payment;

e. The policy with respect to increases in charges and length of time for advance notice of intent to increase charges;

f. If the ownership of any personal property, real estate, money, or financial investments is to be transferred to the facility at the time of admission or at some future date, it shall be stipulated in the agreement; and

g. The refund policy to apply when transfer of ownership, closing of facility, or resident transfer or discharge occurs.

Requirements or rules to be imposed regarding resident conduct and other restrictions or special conditions.
Those actions, circumstances, or conditions that would result or might result in the resident's discharge from the facility.
Specific acknowledgments that:

a. Requirements or rules regarding resident conduct, other restrictions, or special conditions have been reviewed by the resident or the resident's legal representative;

b. The resident or the resident's legal representative has been informed of the policy regarding the amount of notice required when a resident wishes to move from the facility;

c. The resident has been informed of the policy required by 22VAC40-73-840 regarding pets living in the facility;

d. The resident has been informed of the policy required by 22VAC40-73-860 K regarding weapons;

e. The resident or the resident's legal representative or responsible individual, as stipulated in 22VAC40-73-550 H, has reviewed § 63.2-1808 of the Code of Virginia, Rights and Responsibilities of Residents of Assisted Living Facilities, and that the provisions of this statute have been explained;

f. The resident or the resident's legal representative or responsible individual, as stipulated in 22VAC40-73-550 H, has reviewed the facility's policies and procedures for implementing § 63.2-1808 of the Code of Virginia;

g. The resident has been informed that the resident may refuse release of information regarding the resident's personal affairs and records to any individual outside the facility, except as otherwise provided in law and except in case of the resident's transfer to another caregiving facility, notwithstanding any requirements of this chapter;

h. The resident has been informed that interested residents may establish and maintain a resident council, that the facility is responsible for providing assistance with the formation and maintenance of the council, whether or not such a council currently exists in the facility, and the general purpose of a resident council (See 22VAC40-73-830);

i. The resident has been informed of the bed hold policy in case of temporary transfer or movement from the facility if the facility has such a policy (See 22VAC40-73-420 B);

j. The resident has been informed of the policy or guidelines regarding visiting in the facility if the facility has such a policy or guidelines (See 22VAC40-73-540 C);

k. The resident has been informed of the rules and restrictions regarding smoking on the premises of the facility, including those required by 22VAC40-73-820;

l. The resident has been informed of the policy regarding the administration and storage of medications and dietary supplements;

m. The resident, upon request, has been notified in writing that the facility maintains liability insurance that provides the minimum amount of coverage set forth in 22VAC40-73-45 to compensate residents or other individuals for injuries and losses from negligent acts of the facility; and

n. The resident has received written assurance that the facility has the appropriate license to meet the resident's care needs at the time of admission, as required by 22VAC40-73-310 D.

B. Copies of the signed agreement or acknowledgment and any updates as noted in subsection C of this section shall be provided to the resident and, as appropriate, the resident's legal representative and shall be retained in the resident's record.

C. The original agreement or acknowledgment shall be updated whenever there are changes to any of the policies or information referenced or identified in the agreement or acknowledgment and dated and signed by the licensee or administrator and the resident or the resident's legal representative.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 43, Issue 1, eff. September 23, 2026.

22VAC40-73-400 Monthly statement of charges and payments

The facility shall provide to each resident or the resident's legal representative, if one has been appointed, a monthly statement that itemizes any charges made by the facility and any payments received from the resident or on behalf of the resident during the previous calendar month and shall show the balance due or any credits for overpayment. The facility shall also place a copy of the monthly statement in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-410 Orientation and related information for residents

A. Upon admission, the assisted living facility shall provide an orientation for new residents and their legal representatives, including emergency response procedures, mealtimes, and use of the call system. If needed, the orientation shall be modified as appropriate for residents with cognitive impairments. Acknowledgment of having received the orientation shall be signed and dated by the resident and, as appropriate, his legal representative, and such documentation shall be kept in the resident's record.

B. Upon admission and upon request, the assisted living facility shall provide to the resident and, if appropriate, his legal representative, a written description of the types of staff persons working in the facility and the services provided, including the hours such services are available.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-420 Acceptance back in facility

A. An assisted living facility shall establish procedures to ensure that any resident detained by a temporary detention order pursuant to §§ 37.2-809 through 37.2-813 of the Code of Virginia is accepted back in the assisted living facility if the resident is not involuntarily committed pursuant to §§ 37.2-814 through 37.2-819 of the Code of Virginia. The procedures shall include:

Obtaining written recommendations from a qualified mental health professional regarding supportive services necessary to address the mental health needs of the resident returning to the facility;
Documenting whether the recommendations specified in subdivision 1 of this subsection can be implemented based on facility or community resources and whether the resident can be retained at the facility or would need to be discharged;
Updating the resident's individualized service plan, as needed; and
Ensuring that direct care staff involved in the care and supervision of the resident receive clear and timely communication regarding their responsibilities in respect to the mental health needs of the resident and behavioral or emotional indicators of possible crisis situations.

B. If an assisted living facility allows for temporary movement of a resident with agreement to hold a bed, it shall develop and follow a written bed hold policy, which includes the conditions for which a bed will be held, any time frames, terms of payment, and circumstances under which the bed will no longer be held. For recipients of an auxiliary grant, the bed hold policy must be consistent with auxiliary grant program policy and guidance.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-430 Discharge of residents

A. When actions, circumstances, conditions, or care needs occur that will result in the discharge of a resident, discharge planning shall begin immediately, and there shall be documentation of such, including the beginning date of discharge planning. The resident shall be moved within 30 days, except that if persistent efforts have been made and the time frame is not met, the facility shall document the reason and the efforts that have been made.

B. As soon as discharge planning begins, the assisted living facility shall notify the resident, the resident's legal representative and designated contact person if any, of the planned discharge, the reason for the discharge, and that the resident will be moved within 30 days unless there are extenuating circumstances relating to inability to place the resident in another setting within the time frame referenced in subsection A of this section. Written notification of the actual discharge date and place of discharge shall be given to the resident, the resident's legal representative and contact person, if any, and additionally for public pay residents, the eligibility worker and assessor, at least 14 days prior to the date that the resident will be discharged.

C. The assisted living facility shall adopt and conform to a written policy regarding the number of days notice that is required when a resident wishes to move from the facility. Any required notice of intent to move shall not exceed 30 days.

D. The facility shall assist the resident and his legal representative, if any, in the discharge or transfer process. The facility shall help the resident prepare for relocation, including discussing the resident's destination. Primary responsibility for transporting the resident and his possessions rests with the resident or his legal representative.

E. When a resident's condition presents an immediate and serious risk to the health, safety, or welfare of the resident or others and emergency discharge is necessary, the 14-day advance notification of planned discharge does not apply, although the reason for the relocation shall be discussed with the resident and, when possible, his legal representative prior to the move.

F. Under emergency conditions, the resident's legal representative, designated contact person, family, caseworker, social worker, or any other persons, as appropriate, shall be informed as rapidly as possible, but no later than the close of the day following discharge, of the reasons for the move. For public pay residents, the eligibility worker and assessor shall also be so informed of the emergency discharge within the same time frame. No later than five days after discharge, the information shall be provided in writing to all those notified.

G. For public pay residents, in the event of a resident's death, the assisted living facility shall provide written notification to the eligibility worker and assessor within five days after the resident's death.

H. Discharge statement.

At the time of discharge, the assisted living facility shall provide to the resident and, as appropriate, his legal representative and designated contact person a dated statement signed by the licensee or administrator that contains the following information:

a. The date on which the resident, his legal representative, or designated contact person was notified of the planned discharge and the name of the legal representative or designated contact person who was notified;

b. The reason or reasons for the discharge;

c. The actions taken by the facility to assist the resident in the discharge and relocation process; and

d. The date of the actual discharge from the facility and the resident's destination.

A copy of the written statement shall be retained in the resident's record.

I. When the resident is discharged and moves to another caregiving facility, the assisted living facility shall provide to the receiving facility such information related to the resident as is necessary to ensure continuity of care and services. Original information pertaining to the resident shall be maintained by the assisted living facility from which the resident was discharged. The assisted living facility shall maintain a listing of all information shared with the receiving facility.

J. Within 60 days of the date of discharge, each resident or his legal representative shall be given a final statement of account, any refunds due, and return of any money, property, or things of value held in trust or custody by the facility.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part VI Resident Care and Related Services

22VAC40-73-440 Uniform assessment instrument (UAI)

A. All residents of and applicants to assisted living facilities shall be assessed face to face using the uniform assessment instrument in accordance with Assessment in Assisted Living Facilities (22VAC30-110). The UAI shall be completed prior to admission, at least annually, and whenever there is a significant change in the resident's condition.

B. For private pay individuals, the UAI shall be completed by one of the following qualified assessors:

An assisted living facility staff person who has successfully completed state-approved training on the uniform assessment instrument and level of care criteria for either public or private pay assessments, provided the administrator or the administrator's designated representative has successfully completed such training and approves and then signs the completed UAI, and the facility maintains documentation of completed training;
An independent physician; or
A qualified public human services agency assessor.

C. For a private pay individual, if the UAI is completed by an independent physician or a qualified human services agency assessor, the assisted living facility shall be responsible for coordinating with the physician or the agency assessor to ensure that the UAI is completed as required.

D. For private pay individuals, the assisted living facility shall ensure that the uniform assessment instrument is completed as required by 22VAC30-110.

E. For public pay individuals, the UAI shall be completed by a case manager or qualified assessor as specified in 22VAC30-110.

F. The UAI shall be completed within 90 days prior to admission to the assisted living facility, except that if there has been a change in the resident's condition since the completion of the UAI that would affect the admission, a new UAI shall be completed.

G. When a resident moves to an assisted living facility from another assisted living facility or other long-term care setting that uses the UAI, if there is a completed UAI on record, another UAI does not have to be completed except that a new UAI shall be completed whenever:

There is a significant change in the resident's condition; or
The previous assessment is more than 12 months old.

H. Annual reassessments and reassessments due to a significant change in the resident's condition, using the UAI, shall be utilized to determine whether a resident's needs can continue to be met by the facility and whether continued placement in the facility is in the best interest of the resident.

I. During an inspection or review, staff from the department, the Department of Medical Assistance Services, or the local department of social services may initiate a change in level of care for any assisted living facility resident for whom it is determined that the resident's UAI is not reflective of the resident's current status.

J. At the request of the assisted living facility, the resident's legal representative, the resident's physician, the department, or the local department of social services an independent assessment using the UAI shall be completed to determine whether the resident's care needs are being met in the assisted living facility. The assisted living facility shall assist in obtaining the independent assessment as requested. An independent assessment is one that is completed by a qualified entity other than the original assessor.

K. The assisted living facility shall be in compliance with the requirements set forth in 22VAC30-110.

L. The facility shall maintain the completed UAI in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-450 Individualized service plans

A. On or within seven days prior to the day of admission, a preliminary plan of care shall be developed to address the basic needs of the resident that adequately protects his health, safety, and welfare. The preliminary plan shall be developed by a staff person with the qualifications specified in subsection B of this section and in conjunction with the resident, and, as appropriate, other individuals noted in subdivision B 1 of this section. The preliminary plan shall be identified as such and be signed and dated by the licensee, administrator, or his designee (i.e., the person who has developed the plan), and by the resident or his legal representative.

Exception: A preliminary plan of care is not necessary if a comprehensive individualized service plan is developed, in conformance with this section, on the day of admission.

B. The licensee, administrator, or his designee who has successfully completed the department-approved individualized service plan (ISP) training, provided by a licensed health care professional practicing within the scope of his profession, shall develop a comprehensive ISP to meet the resident's service needs. State approved private pay UAI training must be completed as a prerequisite to ISP training. An individualized service plan is not required for those residents who are assessed as capable of maintaining themselves in an independent living status.

The licensee, administrator, or designee shall develop the ISP in conjunction with the resident and, as appropriate, with the resident's family, legal representative, direct care staff members, case manager, health care providers, qualified mental health professionals, or other persons.
The plan shall support the principles of individuality, personal dignity, freedom of choice, and home-like environment and shall include other formal and informal supports in addition to those included in subdivision C 2 of this section that may participate in the delivery of services. Whenever possible, residents shall be given a choice of options regarding the type and delivery of services.
The plan shall be designed to maximize the resident's level of functional ability.

C. The comprehensive individualized service plan shall be completed within 30 days after admission and shall include the following:

Description of identified needs and date identified based upon the (i) UAI; (ii) admission physical examination; (iii) interview with resident; (iv) fall risk rating, if appropriate; (v) assessment of psychological, behavioral, and emotional functioning, if appropriate; and (vi) other sources;
A written description of what services will be provided to address identified needs, and if applicable, other services, and who will provide them;
When and where the services will be provided;
The expected outcome and time frame for expected outcome;
Date outcome achieved; and
For a facility licensed for residential living care only, if a resident lives in a building housing 19 or fewer residents, a statement that specifies whether the resident does or does not need to have a staff member awake and on duty at night.

D. When hospice care is provided to a resident, the assisted living facility and the licensed hospice organization shall communicate and establish an agreed upon coordinated plan of care for the resident. The services provided by each shall be included on the individualized service plan.

E. The individualized service plan shall be signed and dated by the licensee, administrator, or his designee, (i.e., the person who has developed the plan), and by the resident or his legal representative. The plan shall also indicate any other individuals who contributed to the development of the plan, with a notation of the date of contribution. The title or relationship to the resident of each person who was involved in the development of the plan shall be included. These requirements shall also apply to reviews and updates of the plan.

F. Individualized service plans shall be reviewed and updated at least once every 12 months and as needed for a significant change of a resident's condition. The review and update shall be performed by a staff person with the qualifications specified in subsection B of this section and in conjunction with the resident and, as appropriate, with the resident's family, legal representative, direct care staff, case manager, health care providers, qualified mental health professionals, or other persons.

G. The master service plan shall be filed in the resident's record. A current copy shall be provided to the resident and shall also be maintained in a location accessible at all times to direct care staff, but that protects the confidentiality of the contents of the service plan. Extracts from the plan may be filed in locations specifically identified for their retention.

H. The facility shall ensure that the care and services specified in the individualized service plan are provided to each resident, except that:

There may be a deviation from the plan when mutually agreed upon between the facility and the resident or the resident's legal representative at the time the care or services are scheduled or when there is an emergency that prevents the care or services from being provided.
Any deviation from the plan shall:

a. Be documented in writing or electronically;

b. Include a description of the circumstances warranting deviation and the date such deviation will occur;

c. Certify that notice of such deviation was provided to the resident or the resident's legal representative;

d. Be included in the resident's file; and

e. Be signed by an authorized representative of the assisted living facility and the resident or the resident's legal representative if the deviation is made due to a significant change in the resident's condition.

The facility may not start, change, or discontinue medications, dietary supplements, diets, medical procedures, or treatments without an order from a physician or other prescriber.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; Errata, 34:8 VA.R. 832 December 11, 2017; amended, Virginia Register Volume 37, Issue 2, eff. October 15, 2020.

22VAC40-73-460 Personal care services and general supervision and care

A. The facility shall assume general responsibility for the health, safety, and well-being of the residents.

B. Care provision and service delivery shall be resident-centered to the maximum extent possible and include:

Resident participation in decisions regarding the care and services provided to him;
Personalization of care and services tailored to the resident's circumstances and preferences; and
Prompt response by staff to resident needs as reasonable to the circumstances.

C. Care shall be furnished in a way that fosters the independence of each resident and enables him to fulfill his potential.

D. The facility shall provide supervision of resident schedules, care, and activities, including attention to specialized needs, such as prevention of falls and wandering from the premises.

E. The facility shall regularly observe each resident for changes in physical, mental, emotional, and social functioning.

Any notable change in a resident's condition or functioning, including illness, injury, or altered behavior, and any corresponding action taken shall be documented in the resident's record.
The facility shall provide appropriate assistance when observation reveals unmet needs.

F. The facility shall notify the next of kin, legal representative, designated contact person, or, if applicable, any responsible social agency of any incident of a resident falling or wandering from the premises, whether or not it results in injury. This notification shall occur as soon as possible but no later than 24 hours from the time of initial discovery or knowledge of the incident. The resident's record shall include documentation of the notification, including date, time, caller, and person or agency notified.

Exception: If the whereabouts of a resident are unknown and there is reason to be concerned about his safety, the facility shall immediately notify the appropriate law-enforcement agency. The facility shall also immediately notify the resident's next of kin, legal representative, designated contact person, or, if applicable, any responsible social agency.

G. The facility shall provide care and services to each resident by staff who are able to communicate with the resident in a language the resident understands or shall make provisions for communications between staff and residents to ensure an accurate exchange of information.

H. The facility shall ensure that personal assistance and care are provided to each resident as necessary so that the needs of the resident are met, including assistance or care with:

The activities of daily living:

a. Bathing - at least twice a week, but more often if needed or desired;

b. Dressing;

c. Toileting;

d. Transferring;

e. Bowel control;

f. Bladder control; and

g. Eating/feeding;

The instrumental activities of daily living:

a. Meal preparation;

b. Housekeeping;

c. Laundry; and

d. Managing money;

Ambulation;
Hygiene and grooming:

a. Shampooing, combing, and brushing hair;

b. Shaving;

c. Trimming fingernails and toenails (certain medical conditions necessitate that this be done by a licensed health care professional);

d. Daily tooth brushing and denture care; and

e. Skin care at least twice daily for those with limited mobility; and

Functions and tasks:

a. Arrangements for transportation;

b. Arrangements for shopping;

c. Use of the telephone; and

d. Correspondence.

I. Each resident shall be dressed in clean clothing and be free of odors related to hygiene. Each resident shall be encouraged to wear day clothing when out of bed.

J. Residents who are incontinent shall have a full or partial bath and clean clothing and linens each time their clothing or bed linen is soiled or wet.

K. The facility shall ensure each resident is able to obtain individually preferred personal care items when:

The preferred personal care items are reasonably available; and
The resident is willing and able to pay for the preferred items.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-470 Health care services

A. The facility shall ensure, either directly or indirectly, that the health care service needs of residents are met. The ways in which the needs may be met include:

Staff of the facility providing health care services;
Persons employed by a resident providing health care services; or
The facility assisting residents in making appropriate arrangements for health care services.

a. When a resident is unable to participate in making appropriate arrangements, the resident's family, legal representative, designated contact person, cooperating social agency, or personal physician shall be notified of the need.

b. When mental health care is needed or desired by a resident, this assistance shall include securing the services of the local community services board, behavioral health authority, state or federal mental health clinic, or similar facility or agent in the private sector.

B. A resident's need for skilled nursing treatments within the facility shall be met by the facility's employment of a licensed nurse or contractual agreement with a licensed nurse, or by a home health agency or by a private duty licensed nurse.

C. Services shall be provided to prevent clinically avoidable complications, including:

Pressure ulcer development or worsening of an ulcer;
Contracture;
Loss of continence;
Dehydration; and
Malnutrition.

D. The facility shall develop and implement a written policy to ensure that staff are made aware of allergies and allergic reactions and any life-threatening conditions of residents, and actions that staff may need to take.

E. When care for gastric tubes is provided to a resident by unlicensed direct care facility staff as allowed in clause (ii) of 22VAC40-73-310 K, the following criteria shall be met:

Prior to the care being provided, the facility shall obtain an informed consent, signed by the resident or his legal representative, that includes at a minimum acknowledgment that:

a. An unlicensed person will routinely be providing the gastric tube care and feedings under the delegation of a registered nurse (RN) who has assessed the resident's care needs and the unlicensed person's ability to safely and adequately meet those needs;

b. Delegation means the RN need not be present in the facility during routine gastric tube care and feedings;

c. Registered medication aides are prohibited from administering medications via gastric tubes and medications may only be administered by licensed personnel (e.g., a licensed practical nurse (LPN) or RN);

d. The tube care and feedings provided to the resident and the supervisory oversight provided by the delegating RN will be reflected on the individualized service plan as required in 22VAC40-73-450; and

e. The signed consent shall be maintained in the resident's record.

Only those direct care staff with written approval from the delegating RN may provide the tube care and feedings. In addition to the approval, the RN shall document:

a. The general and resident-specific instructions he provided to the staff person; and

b. The staff person's successful demonstration of competency in tube care.

The delegating RN shall be employed by or under contract with the licensed assisted living facility and shall have supervisory authority over the direct care staff being approved to provide gastric tube care and feedings.
The supervisory responsibilities of the delegating RN include:

a. Monitoring the direct care staff performance related to the delegated tasks;

b. Evaluating the outcomes for the resident;

c. Ensuring appropriate documentation; and

d. Documenting relevant findings and recommendations.

The delegating RN shall schedule supervisory oversight based upon the following criteria:

a. The stability and condition of the resident;

b. The experience and competency of the unlicensed direct care staff person;

c. The nature of the tasks or procedures being delegated; and

d. The proximity and availability of the delegating RN to the unlicensed direct care staff person when the nursing tasks will be performed.

Prior to allowing direct care staff to independently perform care for gastric tubes as provided for in this subsection, such staff must be able to successfully demonstrate performance of the entire procedure correctly while under direct observation of the delegating RN. Subsequently, each direct care staff shall be directly observed no less than monthly for at least three consecutive months, after which direct observation shall be conducted no less than every six months or more often if indicated. The delegating RN shall retain documentation at the facility of all supervisory activities and direct observations of staff.
Contact information for the delegating RN shall be readily available to all staff responsible for tube feedings when an RN or LPN is not present in the facility.
Written protocols that encompass the basic policies and procedures for the performance of gastric tube feedings, as well as any resident-specific instructions, shall be available to any direct care staff member responsible for tube feedings.
The facility shall have a written back-up plan to ensure that an RN, LPN, or person who is qualified as specified in this subsection is available if the direct care staff member who usually provides the care is absent.

F. When the resident suffers serious accident, injury, illness, or medical condition, or there is reason to suspect that such has occurred, medical attention from a licensed health care professional shall be secured immediately. The circumstances involved and the medical attention received or refused shall be documented in the resident's record. The date and time of occurrence, as well as the personnel involved shall be included in the documentation.

The resident's physician, if not already involved, next of kin, legal representative, designated contact person, case manager, and any responsible social agency, as appropriate, shall be notified as soon as possible but no later than 24 hours from the situation and action taken, or if applicable, the resident's refusal of medical attention. If a resident refuses medical attention, the resident's physician shall be notified immediately.
A notation shall be made in the resident's record of such notice, including the date, time, caller, and person notified.

G. If a resident refuses medical attention, the facility shall assess whether it can continue to meet the resident's needs.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-480 Restorative, habilitative, and rehabilitative services

A. Facilities shall ensure that all restorative care and habilitative service needs of the residents are met. Facilities shall coordinate with appropriate professional service providers and ensure that any facility staff who assist with support for these service needs are trained by and receive direction from qualified professionals. Restorative and habilitative care includes range of motion, assistance with ambulation, positioning, assistance and instruction in the activities of daily living, psychosocial skills training, and reorientation and reality orientation.

B. In the provision of restorative and habilitative care, staff shall emphasize services such as the following:

Making every effort to keep residents active, within the limitations set by physicians' or other prescribers' orders;
Encouraging residents to achieve independence in the activities of daily living;
Assisting residents to adjust to their disabilities, to use their prosthetic devices, and to redirect their interests if they are no longer able to maintain past involvement in particular activities;
Assisting residents to carry out prescribed physical therapy exercises between appointments with the physical therapist; and
Maintaining a bowel and bladder training program.

C. Facilities shall arrange for specialized rehabilitative services by qualified personnel as needed by the resident. Rehabilitative services include physical therapy, occupational therapy, and speech-language pathology services. Rehabilitative services may be indicated when the resident has lost or has shown a change in his ability to respond to or perform a given task and requires professional rehabilitative services in an effort to regain lost function. Rehabilitative services may also be indicated to evaluate the appropriateness and individual response to the use of assistive technology.

D. All rehabilitative services rendered by a rehabilitative professional shall be performed only upon written medical referral by a physician or other qualified health care professional.

E. The physician's or other prescriber's orders, services provided, evaluations of progress, and other pertinent information regarding the rehabilitative services shall be recorded in the resident's record.

F. Direct care staff who are involved in the care of residents using assistive devices shall know how to operate and utilize the devices.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-490 Health care oversight

A. Each assisted living facility shall retain a licensed health care professional who has at least two years of experience as a health care professional in an adult residential facility, adult day center, acute care facility, nursing home, or licensed home care or hospice organization, either by direct employment or on a contractual basis, to provide on-site health care oversight.

For residents who meet the criteria for residential living care:

a. The licensed health care professional, practicing within the scope of the health care professional's profession, shall provide health care oversight at least every six months, or more often if indicated, based on the health care professional's professional judgment of the seriousness of a resident's needs or the stability of a resident's condition; or

b. If the facility employs a licensed health care professional who is on site on a full-time basis, a licensed health care professional, practicing within the scope of the health care professional's profession, shall provide health care oversight at least annually, or more often if indicated, based on the health care professional's professional judgment of the seriousness of a resident's needs or stability of a resident's condition.

For residents who meet the criteria for assisted living care:

a. The licensed health care professional, practicing within the scope of the health care professional's profession, shall provide health care oversight at least every three months, or more often if indicated, based on the health care professional's professional judgment of the seriousness of a resident's needs or stability of a resident's condition; or

b. If the facility employs a licensed health care professional who is on site on a full-time basis, a licensed health care professional, practicing within the scope of the health care professional's profession, shall provide health care oversight at least every six months, or more often if indicated, based on the health care professional's professional judgment of the seriousness of a resident's needs or stability of a resident's condition.

All residents shall be included at least annually in health care oversight.

B. While on site, as specified in subsection A of this section, the licensed health care professional shall provide health care oversight of the following and make recommendations for change as needed:

Ascertain whether a resident's service plan appropriately addresses the current health care needs of the resident.
Monitor direct care staff performance of health-related activities.
Evaluate the need for staff training.
Provide consultation and technical assistance to staff as needed.
Review documentation regarding health care services, including medication and treatment records, to assess whether services are being provided in accordance with physicians' or other prescribers' orders.
Monitor conformance to the facility's medication management plan and the maintenance of required medication reference materials.
Evaluate the ability of residents who self-administer medications to continue to safely do so.
Observe infection control measures and consistency with the infection control program of the facility.

C. For all restrained residents, onsite health care oversight shall be provided by a licensed health care professional at least every three months and include the following:

The licensed health care professional shall be, at a minimum, a registered nurse who meets the experience requirements in subdivision A of this section.
The licensed health care professional shall review the current condition and the records of restrained residents to assess the appropriateness of the restraint and progress toward its reduction or elimination.
The licensed health care professional providing the oversight for this subdivision shall also provide the oversight for subdivisions B 1 through B 8 of this section for restrained residents.
The oversight provided shall be a holistic review of the physical, emotional, and mental health of the resident and identification of any unmet needs.
The oversight shall include review of physician's orders for restraints to determine whether orders are no older than three months, as required by 22VAC40-73-710 E 2.
The oversight shall include an evaluation of whether direct care staff have received the restraint training required by 22VAC40-73-270 and whether the facility is meeting the requirements of 22VAC40-73-710 regarding the use of restraints.
The licensed health care professional shall make recommendations for change as needed.

D. The licensed health care professional who provided the health care oversight shall certify that the requirements of subsection B and, if applicable, C of this section were met, including the dates of the health care oversight. The specific residents for whom the oversight was provided must be identified. The administrator shall be advised of the findings of the health care oversight and any recommendations. All of the requirements of this subsection shall be (i) in writing, (ii) signed and dated by the health care professional, (iii) provided to the administrator within 10 days of the completion of the oversight, and (iv) maintained in the facility files for at least two years, with any specific recommendations regarding a particular resident also maintained in the resident's record.

E. Action taken in response to the recommendations noted in subsection D of this section shall be documented in the resident's record if resident specific, and if otherwise, in the facility files.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-73-500 Access by community services boards, certain local government departments, and behavioral health authorities

All assisted living facilities shall provide reasonable access to staff or contractual agents of community services boards, local government departments with policy-advisory community services boards, or behavioral health authorities as defined in § 37.2-100 of the Code of Virginia for the purposes of:

Assessing or evaluating clients residing in the facility;
Providing case management or other services or assistance to clients residing in the facility; or
Monitoring the care of clients residing in the facility.

Such staff or contractual agents also shall be given reasonable access to other facility residents who have previously requested their services.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-510 Mental health services coordination and support

A. For each resident requiring mental health services, the services of the local community services board, behavioral health authority, or a public or private mental health clinic, rehabilitative services agency, treatment facility or agent, or qualified health care professional shall be secured as appropriate based on the resident's current evaluation and to the extent possible, the resident's preference for service provider. The assisted living facility shall assist the resident in obtaining the services. If the services are not able to be secured, the facility shall document the reason for such and the efforts made to obtain the services. If the resident has a legal representative, the representative shall be notified of failure to obtain services and the notification shall be documented.

B. Written procedures to ensure communication and coordination between the assisted living facility and the mental health service provider shall be established to ensure that the mental health needs of the resident are addressed.

C. Efforts, which must be documented, shall be made by the assisted living facility to assist in ensuring that prescribed interventions are implemented, monitored, and evaluated for their effectiveness in addressing the resident's mental health needs.

D. If efforts to obtain the recommended services are unsuccessful, the facility must document:

Whether it can continue to meet all other needs of the resident.
How it plans to ensure that the failure to obtain the recommended services will not compromise the health, safety, or rights of the resident and others who come in contact with the resident.
Details of additional steps the facility will take to find alternative providers to meet the resident's needs.

E. Any contracts for mental health services between the facility and the mental health services provider:

Shall not contain terms that conflict with the regulations; and
Shall be provided to the regional licensing office within 10 days of entering into the contract.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-520 Activity and recreational requirements

A. Activities for residents shall:

Support the skills and abilities of residents in order to promote or maintain their highest level of independence or functioning;
Accommodate individual differences by providing a variety of types of activities and levels of involvement; and
Offer residents a varied mix of weekly activities including those that are physical; social; cognitive, intellectual, or creative; productive; sensory; reflective or contemplative; involve nature or the natural world; and weather permitting, outdoor activity. Any given activity may involve more than one of these. Community resources as well as facility resources may be used to provide activities.

B. Resident participation in activities.

Residents shall be encouraged but not forced to participate in activity programs offered by the facility and the community.
During an activity, each resident shall be encouraged but not coerced to join in at his level of functioning, to include observing.
Any restrictions on participation imposed by a physician shall be documented in the resident's record.

C. Activities shall be planned under the supervision of the administrator or other qualified staff person who shall encourage involvement of residents and staff in the planning.

D. In a facility licensed for residential living care only, there shall be at least 11 hours of scheduled activities available to the residents each week for no less than one hour each day.

E. In a facility licensed for both residential and assisted living care, there shall be at least 14 hours of scheduled activities available to the residents each week for no less than one hour each day.

F. During an activity, when needed to ensure that each of the following is adequately accomplished, there shall be staff persons or volunteers to:

Lead the activity;
Assist the residents with the activity;
Supervise the general area;
Redirect any residents who require different activities; and
Protect the health, safety, and welfare of the residents participating in the activity.

G. The staff person or volunteer leading the activity shall have a general understanding of the following:

Attention spans and functional levels of the residents;
Methods to adapt the activity to meet the needs and abilities of the residents;
Various methods of engaging and motivating residents to participate; and
The importance of providing appropriate instruction, education, and guidance throughout the activity.

H. Adequate supplies and equipment appropriate for the program activities shall be available in the facility.

I. There shall be a written schedule of activities that meets the following criteria:

The schedule of activities shall be developed at least monthly.
The schedule shall include:

a. Group activities for all residents or small groups of residents; and

b. The name, if any, and the type, date, and hour of the activity.

If one activity is substituted for another, the change shall be noted on the schedule.
The current month's schedule shall be posted in a conspicuous location in the facility or otherwise be made available to residents and their families.
The schedule of activities for the past two years shall be kept at the facility.
If a resident requires an individual schedule of activities, that schedule shall be a part of the individualized service plan.

J. The facility shall promote access to the outdoors.

K. In addition to the required scheduled activities, there shall be unscheduled staff and resident interaction throughout the day that fosters an environment that promotes socialization opportunities for residents.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-530 Freedom of movement

A. Any resident who does not have a serious cognitive impairment shall be allowed to freely leave the facility. A resident who has a serious cognitive impairment shall be subject to the provisions set forth in 22VAC40-73-1040 A or 22VAC40-73-1150 A.

B. Doors leading to the outside shall not be locked from the inside or secured from the inside in any manner that amounts to a lock, except that doors may be locked or secured in a manner that amounts to a lock in special care units as provided in 22VAC40-73-1150 A. Any devices used to lock or secure doors in any manner must be in accordance with applicable building and fire codes.

C. The facility shall provide freedom of movement for the residents to common areas and to their personal spaces. The facility shall not lock residents out of or inside their rooms.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-540 Visiting in the facility

A. Daily visits to residents in the facility shall be permitted.

B. Visiting hours shall not be restricted, except by a resident when it is the resident's choice.

C. The facility may establish a policy or guidelines so that visiting is not disruptive to other residents and facility security is not compromised. However, daily visits and visiting hours shall not be restricted as provided in subsections A and B of this section.

D. The facility shall encourage regular family involvement with the resident and shall provide ample opportunities for family participation in activities at the facility.

E. During a declared public health emergency related to a communicable disease of public health threat, each assisted living facility shall establish a protocol to allow residents to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, and subject to compliance with any executive order, order of public health, department guidance, or any other applicable federal or state guidance having the effect of limiting visitation. The protocol may restrict the frequency and duration of visits, may require visits to be conducted virtually using interactive audio or video technology, and any such protocol may require the person visiting a resident to comply with all reasonable requirements of the assisted living facility adopted to protect the health and safety of the person, residents, and staff of the assisted living facility.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-73-550 Resident rights

A. The resident shall be encouraged and informed of appropriate means as necessary to exercise his rights as a resident and a citizen throughout the period of his stay at the facility.

B. The resident has the right to voice or file grievances, or both, with the facility and to make recommendations for changes in the policies and services of the facility. The residents shall be protected by the licensee or administrator, or both, from any form of coercion, discrimination, threats, or reprisal for having voiced or filed such grievances.

C. Any resident of an assisted living facility has the rights and responsibilities as provided in § 63.2-1808 of the Code of Virginia and this chapter.

D. The operator or administrator of an assisted living facility shall establish written policies and procedures for implementing § 63.2-1808 of the Code of Virginia.

E. The facility shall make its policies and procedures for implementing § 63.2-1808 of the Code of Virginia available and accessible to residents, relatives, agencies, and the general public.

F. The rights and responsibilities of residents shall be printed in at least 14-point type and posted conspicuously in a public place in all assisted living facilities. The facility shall also post the name and telephone number of the appropriate regional licensing supervisor of the department, the Adult Protective Services' toll-free telephone number, the toll-free telephone number of the Virginia Long-Term Care Ombudsman Program and any substate (i.e., local) ombudsman program serving the area, and the toll-free telephone number of the disAbility Law Center of Virginia.

G. The rights and responsibilities of residents in assisted living facilities shall be reviewed annually with each resident or his legal representative or responsible individual as stipulated in subsection H of this section and each staff person. Evidence of this review shall be the resident's, his legal representative's or responsible individual's, or staff person's written acknowledgment of having been so informed, which shall include the date of the review and shall be filed in the resident's or staff person's record.

H. If a resident is unable to fully understand and exercise the rights and responsibilities contained in § 63.2-1808 of the Code of Virginia and does not have a legal representative, the facility shall require that a responsible individual, of the resident's choice when possible, designated in writing in the resident's record annually be made aware of each item in § 63.2-1808 and the decisions that affect the resident or relate to specific items in § 63.2-1808. The responsible individual shall not be the facility licensee, administrator, or staff person or family members of the licensee, administrator, or staff person.

A resident shall be assumed capable of understanding and exercising these rights unless a physician determines otherwise and documents the reasons for such determination in the resident's record.
The facility shall seek a determination and reasons for the determination from a resident's physician regarding the resident's capability to understand and exercise these rights when there is reason to believe that the resident may not be capable of such.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-560 Resident records

A. The facility shall establish written policy and procedures for documentation and recordkeeping to ensure that the information in resident records is accurate and clear and that the records are well-organized.

B. Resident records shall be identified and easily located by resident name, including when a resident's record is kept in more than one place. This shall apply to both electronic and hard copy material.

C. Any physician's notes and progress reports in the possession of the facility shall be retained in the resident's record.

D. Copies of all agreements between the facility and the resident and official acknowledgment of required notifications, signed by all parties involved, shall be retained in the resident's record. Copies shall be provided to the resident and to persons whose signatures appear on the document.

E. All resident records shall be kept current, retained at the facility, and kept in a locked area, except that information shall be made available as noted in subsection F of this section.

F. The licensee shall ensure that all records are treated confidentially and that information shall be made available only when needed for care of the resident. All records shall be made available for inspection by the department's representative.

G. Residents shall be allowed access to their own records. A legal representative of a resident shall be provided access to the resident's record or part of the record as allowed by the scope of his legal authority.

H. The complete resident record shall be retained for at least two years after the resident leaves the facility.

For at least the first year, the record shall be retained at the facility.
After the first year, the record may be retained off site in a safe, secure area. The record must be available at the facility within 48 hours.

I. A current picture of each resident shall be readily available for identification purposes or, if the resident refuses to consent to a picture, there shall be a narrative physical description, which is annually updated, maintained in his file.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-570 Release of information regarding resident's personal affairs and records

A. The resident or the appropriate legal representative has the right to release information from the resident's record to persons or agencies outside the facility.

B. The licensee is responsible for making available to residents and legal representatives a form which they may use to grant their written permission for the facility to release information to persons or agencies outside the facility. The facility shall retain a copy of any signed release of information form in the resident's record.

C. Only under the following circumstances is a facility permitted to release information from the resident's records or information regarding the resident's personal affairs without the written permission of the resident or his legal representative, where appropriate:

When records have been properly subpoenaed;
When the resident is in need of emergency medical care and is unable or unwilling to grant permission to release information or his legal representative is not available to grant permission;
When the resident moves to another caregiving facility;
To representatives of the department; or
As otherwise required by law.

D. When a resident is hospitalized or transported by emergency medical personnel, information necessary to the care of the resident shall be furnished by the facility to the hospital or emergency medical personnel. Examples of such information include a copy of the current medication administration record (MAR), a Do Not Resuscitate (DNR) Order, advance directives, and organ donation information. The facility shall also provide the name, address, and telephone number of the resident's designated contact person to the hospital or emergency medical personnel.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-580 Food service and nutrition

A. When any portion of an assisted living facility is subject to inspection by the Virginia Department of Health, the facility shall be in compliance with those regulations, as evidenced by an initial and subsequent annual reports from the Virginia Department of Health. The report shall be retained at the facility for a period of at least two years.

B. All meals shall be served in the dining area as designated by the facility, except that:

If the facility, through its policies and procedures, offers routine or regular room service, residents shall be given the option of having meals in the dining area or in their rooms, provided that:

a. There is a written agreement to this effect, signed and dated by both the resident and the licensee or administrator and filed in the resident's record.

b. If a resident's individualized service plan, physical examination report, mental health status report, or any other document indicates that the resident has a psychiatric condition that contributes to self-isolation, a qualified mental health professional shall make a determination in writing whether the resident should have the option of having meals in his room. If the determination is made that the resident should not have this option, then the resident shall have his meals in the dining area.

Under special circumstances, such as temporary illness, temporary incapacity, temporary agitation of a resident with cognitive impairment, or occasional, infrequent requests due to a resident's personal preference, meals may be served in a resident's room.
When meals are served in a resident's room, a sturdy table must be used.

C. Personnel shall be available to help any resident who may need assistance in reaching the dining room or when eating.

D. A minimum of 45 minutes shall be allowed for each resident to complete a meal. If a resident has been assessed on the UAI as dependent in eating/feeding, his individualized service plan shall indicate an approximate amount of time needed for meals to ensure needs are met.

E. Facilities shall develop and implement a policy to monitor each resident for:

Warning signs of changes in physical or mental status related to nutrition; and
Compliance with any needs determined by the resident's individualized service plan or prescribed by a physician or other prescriber, nutritionist, or health care professional.

F. Facilities shall implement interventions as soon as a nutritional problem is suspected. These interventions shall include the following:

Weighing residents at least monthly to determine whether the resident has significant weight loss (i.e., 5.0% weight loss in one month, 7.5% in three months, or 10% in six months); and
Notifying the attending physician if a significant weight loss is identified in any resident who is not on a physician-approved weight reduction program and obtaining, documenting, and following the physician's instructions regarding nutritional care.

G. Residents with independent living status who have kitchens equipped with stove, refrigerator, and sink within their individual apartments may have the option of obtaining meals from the facility or from another source. If meals are obtained from another source, the facility must ensure availability of meals when the resident is sick or temporarily unable to prepare meals for himself.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-590 Number of meals and availability of snacks

A. At least three well-balanced meals, served at regular intervals, shall be provided daily to each resident, unless contraindicated as documented by the attending physician in the resident's record or as provided for in 22VAC40-73-580 G.

B. Snacks shall be made available at all times for all residents or in accordance with their physician's or other prescriber's orders.

Appropriate adjustments in the provision of snacks to a resident shall be made when orders from the resident's physician or other prescriber in the resident's record limits the receipt or type of snacks.
Vending machines shall not be used as the only source for snacks.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-600 Time interval between meals

A. Time between the scheduled evening meal and scheduled breakfast the following morning shall not exceed 15 hours.

B. There shall be at least four hours between scheduled breakfast and lunch and at least four hours between scheduled lunch and supper.

C. When multiple seatings are required due to limited dining space, scheduling shall ensure that these time intervals are met for all residents. Schedules shall be made available to residents, legal representatives, staff, volunteers, and any other persons responsible for assisting residents in the dining process.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-610 Menus for meals and snacks

A. Food preferences of residents shall be considered when menus are planned.

B. Menus for meals and snacks for the current week shall be dated and posted in an area conspicuous to residents.

Any menu substitutions or additions shall be recorded on the posted menu.
A record shall be kept of the menus served for two years.

C. Minimum daily menu.

Unless otherwise ordered in writing by the resident's physician or other prescriber, the daily menu, including snacks, for each resident shall meet the current guidelines of the U.S. Department of Agriculture's food guidance system or the dietary allowances of the Food and Nutritional Board of the National Academy of Sciences, taking into consideration the age, sex, and activity of the resident.
Other foods may be added.
Second servings and snacks shall be available at no additional charge.
At least one meal each day shall include a hot main dish.

D. When a diet is prescribed for a resident by his physician or other prescriber, it shall be prepared and served according to the physician's or other prescriber's orders.

E. A copy of a diet manual containing acceptable practices and standards for nutrition shall be kept current and readily available to personnel responsible for food preparation.

F. The facility shall make drinking water readily available to all residents. Direct care staff shall know which residents need help getting water or other fluids and drinking from a cup or glass. Direct care staff shall encourage and assist residents who do not have medical conditions with physician or other prescriber ordered fluid restrictions to drink water or other beverages frequently.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-620 Oversight of special diets

A. There shall be oversight at least every six months of special diets by a dietitian or nutritionist for each resident who has such a diet. Special diets may also be referred to using terms such as medical nutrition therapy or diet therapy. The dietitian or nutritionist must meet the requirements of § 54.1-2731 of the Code of Virginia.

B. The oversight specified in subsection A of this section shall be on site and include the following:

A review of the physician's or other prescriber's order and the preparation and delivery of the special diet.
An evaluation of the adequacy of the resident's special diet and the resident's acceptance of the diet.
Certification that the requirements of this subsection were met, including the date of the oversight and identification of the residents for whom the oversight was provided. The administrator shall be advised of the findings of the oversight and any recommendations. All of the requirements of this subdivision shall be (i) in writing, (ii) signed and dated by the dietitian or nutritionist, (iii) provided to the administrator within 10 days of the completion of the oversight, and (iv) maintained in the files at the facility for at least two years, with any specific recommendations regarding a particular resident also maintained in the resident's record.
Upon receipt of recommendations noted in subdivision 3 of this subsection, the administrator, dietitian, or nutritionist shall report them to the resident's physician. Documentation of the report shall be maintained in the resident's record.
Action taken in response to the recommendations noted in subdivision 3 of this subsection shall be documented in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-630 Observance of religious dietary practices

A. The resident's religious dietary practices shall be respected.

B. Religious dietary practices of the administrator or licensee shall not be imposed upon residents unless specifically agreed upon in the admission agreement/acknowledgment between administrator or licensee and resident.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-640 Medication management plan and reference materials

A. The facility shall have, keep current, and implement a written plan for medication management. The facility's medication plan shall address procedures for administering medication and shall include:

Methods to ensure an understanding of the responsibilities associated with medication management;
Standard operating procedures, including the facility's standard dosing schedule and any general restrictions specific to the facility;
Methods to prevent the use of outdated, damaged, or contaminated medications;
Methods to ensure that each resident's prescription medications and any over-the-counter drugs and supplements ordered for the resident are filled and refilled in a timely manner to avoid missed dosages;
Methods for verifying that medication orders have been accurately transcribed to medication administration records (MARs) within 24 hours of receipt of a new order or change in an order;
Methods for monitoring medication administration and the effective use of the MARs for documentation;
Methods to ensure that MARs are maintained as part of the resident's record;
Methods to ensure accurate counts of all controlled substances whenever assigned medication administration staff changes;
Methods to ensure that staff who are responsible for administering medications meet the qualification requirements of 22VAC40-73-670;
Methods to ensure that staff who are responsible for administering medications are adequately supervised, including periodic direct observation of medication administration;
A plan for proper disposal of medication;
Methods to ensure that residents do not receive medications or dietary supplements to which they have known allergies;
Identification of the medication aide or the person licensed to administer drugs responsible for routinely communicating issues or observations related to medication administration to the prescribing physician or other prescriber;
Methods to ensure that staff who are responsible for administering medications are trained on the facility's medication management plan; and
Procedures for internal monitoring of the facility's conformance to the medication management plan.

B. The facility's written medication management plan requires approval by the department.

C. Subsequent changes shall be reviewed as part of the department's regular inspection process.

D. In addition to the facility's written medication management plan, the facility shall have readily accessible at least one pharmacy reference book, drug guide, or medication handbook for nurses that is no more than two years old as reference materials for staff who administer medications.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-650 Physician's or other prescriber's order

A. No medication, dietary supplement, diet, medical procedure, or treatment shall be started, changed, or discontinued by the facility without a valid order from a physician or other prescriber. Medications include prescription, over-the-counter, and sample medications.

B. Physician or other prescriber orders, both written and oral, for administration of all prescription and over-the-counter medications and dietary supplements shall include the name of the resident, the date of the order, the name of the drug, route, dosage, strength, how often medication is to be given, and identify the diagnosis, condition, or specific indications for administering each drug.

C. Physician's or other prescriber's oral orders shall:

Be charted by the individual who takes the order. That individual must be one of the following:

a. A licensed health care professional practicing within the scope of his profession; or

b. A medication aide.

Be reviewed and signed by a physician or other prescriber within 14 days.

D. Medication aides may not transmit an oral order to a pharmacy.

E. The resident's record shall contain the physician's or other prescriber's signed written order or a dated notation of the physician's or other prescriber's oral order. Orders shall be organized chronologically in the resident's record.

F. Whenever a resident is admitted to a hospital for treatment of any condition, the facility shall obtain new orders for all medications and treatments prior to or at the time of the resident's return to the facility. The facility shall ensure that the primary physician is aware of all medication orders and has documented any contact with the physician regarding the new orders.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-660 Storage of medications

A. A medicine cabinet, container, or compartment shall be used for storage of medications and dietary supplements prescribed for residents when such medications and dietary supplements are administered by the facility. Medications shall be stored in a manner consistent with current standards of practice.

The storage area shall be locked.
Schedule II drugs and any other drugs subject to abuse must be kept in a separate locked storage compartment (e.g., a locked cabinet within a locked storage area or a locked container within a locked cabinet or cart).
The individual responsible for medication administration shall keep the keys to the storage area on his person.
When in use, the storage area shall have adequate illumination in order to read container labels.
The storage area shall not be located in the kitchen or bathroom, but in an area free of dampness or abnormal temperatures unless the medication requires refrigeration.
When required, medications shall be refrigerated.

a. It is permissible to store dietary supplements and foods and liquids used for medication administration in a refrigerator that is dedicated to medication storage if the refrigerator is in a locked storage area.

b. When it is necessary to store medications in a refrigerator that is routinely used for food storage, the medications shall be stored together in a locked container in a clearly defined area.

Single-use and dedicated medical supplies and equipment shall be appropriately labeled and stored. Medical equipment suitable for multi-use shall be stored to prevent cross-contamination.

B. A resident may be permitted to keep his own medication in an out-of-sight place in his room if the UAI has indicated that the resident is capable of self-administering medication. The medication and any dietary supplements shall be stored so that they are not accessible to other residents. This does not prohibit the facility from storing or administering all medication and dietary supplements.

Exception: If the facility has no resident with a serious cognitive impairment or substance abuse problem, the facility may determine that the out-of-sight and inaccessibility safeguards specified in this subsection do not apply. If the facility determines that these safeguards do not apply, the facility shall maintain documentation of such, including the date and the names of residents at the time the determination is made. No such determination shall be valid for longer than six months. Such determinations may be renewed under the same conditions and with the same documentation requirements.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-670 Qualifications and supervision of staff administering medications

When staff administers medications to residents, the following standards shall apply:

Each staff person who administers medication shall be authorized by § 54.1-3408 of the Virginia Drug Control Act. All staff responsible for medication administration shall:

a. Be licensed by the Commonwealth of Virginia to administer medications; or

b. Be registered with the Virginia Board of Nursing as a medication aide, except as specified in subdivision 2 of this section.

Any applicant for registration as a medication aide who has provided to the Virginia Board of Nursing evidence of successful completion of the education or training course required for registration may act as a medication aide on a provisional basis for no more than 120 days before successfully completing any required competency evaluation. However, upon notification of failure to successfully complete the written examination after three attempts, an applicant shall immediately cease acting as a medication aide.
Medication aides shall be supervised by one of the following:

a. An individual employed full time at the facility who is licensed by the Commonwealth of Virginia to administer medications;

b. The administrator who is licensed by the Commonwealth of Virginia to administer medications or who has successfully completed a training program approved by the Virginia Board of Nursing for the registration of medication aides. The training program for administrators who supervise medication aides, but are not registered medication aides themselves, must include a minimum of 68 hours of student instruction and training but need not include the prerequisite for the program or the written examination for registration. The administrator must also meet the requirements of 22VAC40-73-160 E; or

c. For a facility licensed for residential living care only, the designated assistant administrator, as specified in 22VAC40-73-150 E, who is licensed by the Commonwealth of Virginia to administer medications or who has successfully completed a training program approved by the Virginia Board of Nursing for the registration of medication aides. The training program for designated assistant administrators who supervise medication aides, but are not registered medication aides themselves, must include a minimum of 68 hours of student instruction and training but need not include the prerequisite for the program or the written examination for registration. The designated assistant administrator must also meet the requirements of 22VAC40-73-160 E.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-680 Administration of medications and related provisions

A. Staff who are licensed, registered, or acting as medication aides on a provisional basis as specified in 22VAC40-73-670 shall administer drugs to those residents who are dependent on medication administration as documented on the UAI.

B. Medications shall be removed from the pharmacy container, or the container shall be opened, by a staff person licensed, registered, or acting as a medication aide on a provisional basis as specified in 22VAC40-73-670 and administered to the resident by the same staff person. Medications shall remain in the pharmacy issued container, with the prescription label or direction label attached, until administered to the resident.

C. Medications shall be administered not earlier than one hour before and not later than one hour after the facility's standard dosing schedule, except those drugs that are ordered for specific times, such as before, after, or with meals.

D. Medications shall be administered in accordance with the physician's or other prescriber's instructions and consistent with the standards of practice outlined in the current registered medication aide curriculum approved by the Virginia Board of Nursing.

E. Medical procedures or treatments ordered by a physician or other prescriber shall be provided according to his instructions and documented. The documentation shall be maintained in the resident's record.

F. Sample medications shall remain in the original packaging, labeled by a physician or other prescriber or pharmacist with the resident's name, the name of the medication, the strength, dosage, and route and frequency of administration, until administered.

G. Over-the-counter medication shall remain in the original container, labeled with the resident's name, or in a pharmacy-issued container, until administered.

H. At the time the medication is administered, the facility shall document on a medication administration record (MAR) all medications administered to residents, including over-the-counter medications and dietary supplements.

I. The MAR shall include:

Name of the resident;
Date prescribed;
Drug product name;
Strength of the drug;
Dosage;
Diagnosis, condition, or specific indications for administering the drug or supplement;
Route (e.g., by mouth);
How often medication is to be taken;
Date and time given and initials of direct care staff administering the medication;
Dates the medication is discontinued or changed;
Any medication errors or omissions;
Description of significant adverse effects suffered by the resident;
For "as needed" (PRN) medications:

a. Symptoms for which medication was given;

b. Exact dosage given; and

c. Effectiveness; and

The name, signature, and initials of all staff administering medications. A master list may be used in lieu of this documentation on individual MARs.

J. In the event of an adverse drug reaction or a medication error, the following applies:

Action shall be taken as directed by a physician, pharmacist, or a poison control center;
The resident's physician of record and family member or other responsible person shall be notified as soon as possible; and
Medication administration staff shall document actions taken in the resident's record.

K. The use of PRN medications is prohibited, unless one or more of the following conditions exist:

The resident is capable of determining when the medication is needed;
Licensed health care professionals administer the PRN medication; or
Medication aides administer the PRN medication when the facility has obtained from the resident's physician or other prescriber a detailed medication order. The order shall include symptoms that indicate the use of the medication, exact dosage, the exact time frames the medication is to be given in a 24-hour period, and directions as to what to do if symptoms persist.

L. In order for drugs in a hospice comfort kit to be administered, the requirements specified in subsection K of this section must be met, and each medication in the kit must have a prescription label attached by the pharmacy.

M. Medications ordered for PRN administration shall be available, properly labeled for the specific resident, and properly stored at the facility.

N. Stat-drug boxes may only be used when the following conditions are met:

There is an order from the prescriber for any drug removed from the stat-drug box; and
The drug is removed from the stat-drug box and administered by a nurse, pharmacist, or prescriber licensed to administer medications. Registered medication aides are not permitted to either remove or administer medications from the stat-drug box.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-690 Medication review

A. For each resident assessed for residential living care, except for those who self-administer all of their medications, a licensed health care professional, practicing within the scope of his profession, shall perform an annual review of all the medications of the resident.

B. For each resident assessed for assisted living care, except for those who self-administer all of their medications, a licensed health care professional, practicing within the scope of his profession, shall perform a review every six months of all the medications of the resident.

C. The medication review shall include prescription drugs, over-the-counter medications, and dietary supplements ordered for the resident.

D. If deemed appropriate by the licensed health care professional, the review shall include observation of the resident or interview with the resident or staff.

E. The review shall include the following:

All medications that the resident is taking and medications that he could be taking if needed (PRNs).
An examination of the dosage, strength, route, how often, prescribed duration, and when the medication is taken.
Documentation of actual and consideration of potential interactions of drugs with one another.
Documentation of actual and consideration of potential interactions of drugs with foods or drinks.
Documentation of actual and consideration of potential negative effects of drugs resulting from a resident's medical condition other than the one the drug is treating.
Consideration of whether PRNs, if any, are still needed and if clarification regarding use is necessary.
Consideration of a gradual dose reduction of antipsychotic medications for those residents with a diagnosis of dementia and no diagnoses of a primary psychiatric disorder.
Consideration of whether the resident needs additional monitoring or testing.
Documentation of actual and consideration of potential adverse effects or unwanted side effects of specific medications.
Identification of that which may be questionable, such as (i) similar medications being taken, (ii) different medications being used to treat the same condition, (iii) what seems an excessive number of medications, and (iv) what seems an exceptionally high drug dosage.
The health care professional shall notify the resident's attending physician of any concerns or problems and document the notification.

F. The licensed health care professional shall certify that the requirements of subdivisions E 1 through E 11 of this section were met, including the dates of the medication review. The administrator shall be advised of the findings of the medication review and any recommendations. All of the requirements of this subdivision shall be (i) in writing, (ii) signed and dated by the health care professional, (iii) provided to the administrator within 10 days of the completion of the review, and (iv) maintained in the facility files for at least two years, with any specific recommendations regarding a particular resident also maintained in the resident's record.

G. Action taken in response to the recommendations noted in subsection F of this section shall be documented in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-700 Oxygen therapy

When oxygen therapy is provided, the following safety precautions shall be met and maintained:

The facility shall have a valid physician's or other prescriber's order that includes the following:

a. The oxygen source, such as compressed gas or concentrators;

b. The delivery device, such as nasal cannula, reservoir nasal cannulas, or masks; and

c. The flow rate deemed therapeutic for the resident.

The facility shall post "No Smoking-Oxygen in Use" signs and enforce the smoking prohibition in any room of a building where oxygen is in use.
The facility shall ensure that only oxygen from a portable source shall be used by residents when they are outside their rooms. The use of long plastic tether lines to the source of oxygen outside their rooms is not permitted.
The facility shall make available to staff the emergency numbers to contact the resident's physician or other prescriber and the oxygen vendor for emergency service or replacement.
The facility shall demonstrate that all direct care staff responsible for assisting residents who use oxygen supplies have had training or instruction in the use and maintenance of resident-specific equipment.
The facility shall include in its disaster preparedness plan a checklist of information required to meet the identified needs of those residents who require oxygen therapy including the following:

a. Whether the facility has on-site, emergency generator capacity sufficient to safely operate oxygen concentrators efficiently.

b. Whether in the absence of on-site generators the facility has agreements with vendors to provide emergency generators, including whether those generators will support oxygen concentrators.

c. Where the facility maintains chart copies of each resident's agreement, including emergency preparedness and back-up plans, with his oxygen equipment and supply vendor for ready access in any emergency situation.

d. How equipment and supplies will be transported in the event that residents must be evacuated to another location.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-710 Restraints

A. The use of chemical restraints is prohibited. The use of prone or supine restraints is prohibited. The use of any restraint or restraint technique that restricts a resident's breathing, interferes with a resident's ability to communicate, or applies pressure on a resident's torso is prohibited.

B. Physical restraints shall not be used for purposes of discipline or convenience. Physical restraints may only be used (i) as a medical/orthopedic restraint for support, according to a physician's written order and with the written consent of the resident or his legal representative or (ii) in an emergency situation after less intrusive interventions have proven insufficient to prevent imminent threat of death or serious physical injury to the resident or others.

C. If a restraint is used, it must:

Be imposed in accordance with a physician's written order that specifies the condition, circumstances, and duration under which the restraint is to be used; and
Not be ordered on a standing, blanket, or "as needed" (PRN) basis.

D. Whenever physical restraints are used, the following conditions shall be met:

A restraint shall be used only to the minimum extent necessary to protect the resident or others;
Restraints shall only be applied by direct care staff who have received training in their use as specified by subdivision 2 of 22VAC40-73-270;
The facility shall closely monitor the condition of a resident with a restraint, which includes checking on the resident at least every 30 minutes;
The facility shall assist the resident with a restraint as often as necessary, but no less than 10 minutes every hour, for his hydration, safety, comfort, range of motion, exercise, elimination, and other needs;
The facility shall release the resident from the restraint as quickly as possible; and
Direct care staff shall keep a record of restraint usage, outcomes, checks, and any assistance required in subdivision 4 of this subsection and shall note any unusual occurrences or problems.

E. When restraints are used in nonemergencies, as defined in 22VAC40-73-10, the following conditions shall be met:

Restraints shall be used as a last resort and only if the facility, after completing, implementing, and evaluating the resident's comprehensive assessment and service plan, determines and documents that less restrictive means have failed;
Physician orders for medical/orthopedic restraints must be reviewed by the physician at least every three months and renewed if the circumstances warranting the use of the restraint continue to exist;
Restraints shall be used in accordance with the resident's service plan, which documents the need for the restraint and includes a schedule or plan of rehabilitation training enabling the progressive removal or the progressive use of less restrictive restraints when appropriate;
Before the initial administration of a restraint, the facility shall explain the use of the restraint and potential negative outcomes to the resident or his legal representative and the resident's right to refuse the restraint and shall obtain the written consent of the resident or his legal representative;
Restraints shall be applied so as to cause no physical injury and the least possible discomfort; and
The facility shall notify the resident's legal representative or designated contact person as soon as practicable, but no later than 24 hours after the initial administration of a nonemergency restraint. The facility shall keep the resident and his legal representative or designated contact person informed about any changes in restraint usage. A notation shall be made in the resident's record of such notice, including the date, time, person notified, method of notification, and staff providing notification.

F. When restraints are used in emergencies, as defined in 22VAC40-73-10 the following conditions shall be met:

Restraints may only be used as an emergency intervention of last resort to prevent imminent threat of death or serious physical injury to the resident or others;
An oral or written order shall be obtained from a physician within one hour of administration of the emergency restraint and the order shall be documented;
In the case of an oral order, a written order shall be obtained from the physician as soon as possible;
The resident shall be within sight and sound of direct care staff at all times;
If the emergency restraint is necessary for longer than two hours, the resident shall be transferred to a medical or psychiatric inpatient facility or monitored in the facility by a mental health crisis team until his condition has stabilized to the point that the attending physician documents that restraints are not necessary;
The facility shall notify the resident's legal representative or designated contact person as soon as practicable, but no later than 12 hours after administration of an emergency restraint. A notation shall be made in the resident's record of such notice, including the date, time, caller and person notified; and
The facility shall review the resident's individualized service plan within one week of the application of an emergency restraint and document additional interventions to prevent the future use of emergency restraints.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-720 Do Not Resuscitate Orders

A. Do Not Resuscitate (DNR) Orders for withholding cardiopulmonary resuscitation from a resident in the event of cardiac or respiratory arrest may only be carried out in a licensed assisted living facility when:

A valid written order has been issued by the resident's attending physician; and
The written order is included in the individualized service plan.

B. The facility shall have a system to ensure that all staff are aware of residents who have a valid DNR Order.

C. The DNR Order shall be readily available to other authorized persons, such as emergency medical technicians (EMTs), when necessary.

D. Durable DNR Orders shall not authorize the assisted living facility or its staff to withhold other medical interventions, such as intravenous fluids, oxygen, or other therapies deemed necessary to provide comfort care or to alleviate pain.

E. Section 63.2-1807 of the Code of Virginia states that the owners or operators of any assisted living facility may provide that their staff who are certified in CPR shall not be required to resuscitate any resident for whom a valid written order not to resuscitate in the event of cardiac or respiratory arrest has been issued by the resident's attending physician and has been included in the resident's individualized service plan.

F. If the owner or operator of a facility has determined that DNR Orders will not be honored, the facility shall have a policy specifying this and, prior to admission, the resident or his legal guardian shall be notified of the policy and sign an acknowledgment of the notification.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-730 Advance directives

A. Upon admission or while residing in the facility, whenever the resident has established advance directives, such as a living will or a durable power of attorney for health care, to the extent available, the facility shall obtain the following:

The name of and contact information for the individual or individuals who has the document or documents;
The location of the documents;
Either the advance directives or the content of the advance directives; and
The name of and contact information for any designated agent, as related to the development and modification of the individualized service plan.

B. If the facility is unable to obtain any of the information or documents as noted in subdivisions 1 through 4 of subsection A of this section, the efforts made to do so shall be documented in the resident's record.

C. The information regarding advance directives shall be readily available to other authorized persons, such as emergency medical technicians (EMTs), when necessary.

D. A resident requesting assistance with establishing advance directives shall be referred to his primary health care provider or attorney.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part VII Resident Accommodations and Related Provisions

22VAC40-73-740 Personal possessions

A. Each resident shall be permitted to keep reasonable personal property in his possession at a facility in order to maintain individuality and personal dignity.

B. A facility shall ensure that each resident has his own clothing.

The use of a common clothing pool is prohibited.
If necessary, resident's clothing shall be inconspicuously marked with his name to avoid getting mixed with others.
Residents shall be allowed and encouraged to select their daily clothing and wear clothing to suit their activities and appropriate to weather conditions.

C. Each resident shall have his own personal care items.

D. Each facility shall develop and implement a written policy regarding procedures to be followed when a resident's clothing or other personal possessions, such as jewelry, television, radio, or other durable property, are reported missing. Attempts shall be made to determine the reason for the loss and any reasonable actions shall be taken to recover the item and to prevent or discourage future losses. The results of the investigation shall be reported in writing to the resident. Documentation shall be maintained for at least two years regarding items that were reported missing and resulting actions that were taken.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-750 Resident rooms

A. The resident shall be encouraged to furnish or decorate his room as space and safety considerations permit and in accordance with this chapter.

B. Bedrooms shall contain the following items, except as provided for in subsection C of this section:

A separate bed with comfortable mattress, springs, and pillow for each resident. Provisions for a double bed for a married couple shall be optional;
A table or its equivalent accessible to each bed;
An operable bed lamp or bedside light accessible to each resident;
A sturdy chair for each resident;
Drawer space for clothing and other personal items. If more than one resident occupies a room, ample drawer space shall be assigned to each resident;
At least one mirror - if the resident has an individual adjoining bathroom, the mirror may be in the bathroom; and
Window coverings for privacy.

C. If a resident specifies in writing that he does not wish to have an item or items listed in subsection B of this section and understands that he may decide otherwise at any time, the resident's bedroom is not required to contain those specified items. The written specification shall be maintained in the resident's record.

D. Adequate and accessible closet or wardrobe space shall be provided for each resident. As of December 28, 2006, in all buildings approved for construction or change in use and occupancy classification, the closet or wardrobe space shall be in the resident's bedroom.

E. The facility shall have sufficient bed and bath linens in good repair so that residents always have clean:

Sheets;
Pillowcases;
Blankets;
Bedspreads;
Towels;
Washcloths; and
Waterproof mattress covers when needed.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-760 Living room or multipurpose room

A. Sitting rooms or recreation areas or both shall be equipped with:

Comfortable chairs (e.g., overstuffed, straight-backed, and rockers);
Tables;
Lamps;
Television, if not available in other common areas of the facility;
Radio, if not available in other common areas of the facility; and
Current newspaper, if not available in other common areas of the facility.

B. Space other than sleeping areas shall be provided for residents for sitting, for visiting with one another or with guests, for social and recreational activities, and for dining. These areas may be used interchangeably.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-770 Dining areas

Dining areas shall have a sufficient number of sturdy dining tables and chairs to serve all residents, either all at one time or in reasonable shifts.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-780 Laundry and linens

A. Residents' clothing shall be kept clean and in good repair.

B. Bed and bath linens shall be changed at least every seven days and more often if needed. In facilities with common bathing areas, bath linens shall be changed after each use.

C. When the facility provides laundry service for residents' clothing or personal linens, the clean items shall be sorted by individual resident.

D. Table coverings and napkins shall be clean at all times.

E. Table and kitchen linens shall be laundered separately from other washable goods.

F. When bed, bath, table, and kitchen linens are washed, the water shall be above 140°F or the dryer shall heat the linens above 140°F as verified by the manufacturer or a sanitizing agent shall be used according to the manufacturer's instructions.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-790 Transportation

The resident shall be assisted in making arrangements for transportation as necessary.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-800 Incoming and outgoing mail

A. Incoming and outgoing mail shall not be censored.

B. Incoming mail shall be delivered promptly.

C. Mail shall not be opened by staff or volunteers except upon request of the resident and in his presence or written request of the legal representative.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-810 Telephones

A. Each building shall have at least one operable, nonpay telephone easily accessible to staff. There shall be additional telephones or extensions as may be needed to summon help in an emergency.

B. The resident shall have reasonable access to a nonpay telephone on the premises.

C. Privacy shall be provided for residents to use a telephone.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-820 Smoking

A. Smoking by residents, staff, volunteers, and visitors shall be done only in areas designated by the facility and approved by the State Fire Marshal or local fire official. Smoking shall not be allowed in a kitchen or food preparation areas. A facility may prohibit smoking on its premises.

B. All designated smoking areas shall be provided with suitable ashtrays.

C. Residents shall not be permitted to smoke in or on their beds.

D. All common areas shall have smoke-free areas designated for nonsmokers.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-830 Resident councils

A. The facility shall permit and encourage the formation of a resident council by residents and shall assist the residents in its establishment.

B. The purposes of the resident council shall be to:

Work with the administration in improving the quality of life for all residents;
Discuss the services offered by the facility and make recommendations for resolution of identified problems or concerns; and
Perform other functions as determined by the council.

C. The resident council shall be composed of residents of the facility and the council may extend membership to family members, advocates, friends, and others. Residents shall be encouraged but shall not be compelled to attend meetings.

D. The facility shall assist residents in maintaining the resident council, including:

Scheduling regular meetings;
Providing space for meetings;
Posting notice for meetings;
Providing assistance in attending meetings for those residents who request it; and
Preparing written reports of meetings as requested by the council for dissemination to all residents.

E. The facility shall provide a written response to the council prior to the next meeting regarding any recommendations made by the council for resolution of problems or concerns.

F. In order to promote a free exchange of ideas, at least part of each meeting shall be allowed to be conducted without the presence of any facility personnel.

G. If there is no council, the facility shall annually remind residents that they may establish a resident council and that the facility would assist in its formation and maintenance. The general purpose of the council shall also be explained at this time.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-840 Pets living in the assisted living facility

A. Each assisted living facility shall develop and implement a written policy regarding pets living on the premises that will ensure the safety and well-being of all residents and staff.

B. If a facility allows pets to live on the premises, the following applies:

The policy specified in subsection A of this section shall include:

a. The types of pets that are permitted in the assisted living facility; and

b. The conditions under which pets may be in the assisted living facility.

Before being allowed to live on the premises, pets shall have had all recommended or required immunizations and shall be certified by a licensed veterinarian to be free of diseases transmittable to humans.
Pets living on the assisted living facility premises:

a. Shall have regular examinations and immunizations, appropriate for the species, by a licensed veterinarian; and

b. Shall be restricted from central food preparation areas.

Documentation of examinations and immunizations shall be maintained at the facility.
Pets shall be well-treated and cared for in compliance with state regulations and local ordinances.
Any resident's rights, preferences, and medical needs shallnot be compromised by the presence of a pet.
Any pet living on the premises shall have a suitable temperament, be healthy, and otherwise pose no significant health or safety risks to residents, staff, volunteers, or visitors.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-850 Pets visiting the assisted living facility

If an assisted living facility allows pets to visit the premises, the following shall apply:

The facility shall have a written policy regarding such pets;
Any pet present at the facility shall be in good health and show no evidence of carrying any disease;
Any resident's rights, preferences, and medical needs shall not be compromised by the presence of a pet; and
Any pet shall be well-treated while visiting on the premises, have a suitable temperament, and otherwise pose no significant health or safety risks to residents, staff, volunteers, or visitors.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part VIII Buildings and Grounds

22VAC40-73-860 General requirements

A. Buildings licensed for ambulatory residents or nonambulatory residents shall be classified by and meet the specifications for the proper use and occupancy classification as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

B. Documentation completed and signed by the building official shall be obtained as evidence of compliance with the applicable edition of the Virginia Uniform Statewide Building Code.

C. Before construction begins or contracts are awarded for any new construction, remodeling, or alterations, plans shall be submitted to the department for review.

D. Doors and windows.

All doors shall open and close readily and effectively.
Any doorway that is used for ventilation shall be effectively screened.
Any operable window (i.e., a window that may be opened) shall be effectively screened.

E. There shall be enclosed walkways between residents' rooms and dining and sitting areas that are adequately lighted, heated, and ventilated.

F. There shall be an ample supply of hot and cold water from an approved source available to the residents at all times.

G. Hot water at taps available to residents shall be maintained within a range of 105°F to 120°F.

H. Where there is an outdoor area accessible to residents, such as a porch or lawn, it shall be equipped with furniture in season.

I. Each facility shall store cleaning supplies and other hazardous materials in a locked area, except as noted in subsection J of this section.

J. A resident may be permitted to keep his own cleaning supplies or other hazardous materials in an out-of-sight place in his room if the resident does not have a serious cognitive impairment. The cleaning supplies or other hazardous materials shall be stored so that they are not accessible to other residents.

Exception: When a resident keeps his own cleaning supplies or other hazardous materials in his room and if the facility has no residents with serious cognitive impairments, the facility may determine that the out-of-sight and inaccessibility safeguards specified in this subsection do not apply, unless mandated by the Virginia Uniform Statewide Building Code or Virginia Statewide Fire Prevention Code (13VAC5-51).

K. Each facility shall develop and implement a written policy regarding weapons on the premises of the facility that will ensure the safety and well-being of all residents and staff. Any facility permitting any type of firearm on the premises must include procedures to ensure that ammunitions and firearms are stored separately and in locked locations.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-870 Maintenance of buildings and grounds

A. The interior and exterior of all buildings shall be maintained in good repair and kept clean and free of rubbish.

B. All buildings shall be well-ventilated and free from foul, stale, and musty odors.

C. Adequate provisions for the collection and legal disposal of garbage, ashes, and waste material shall be made.

D. Buildings shall be kept free of infestations of insects and vermin. The grounds shall be kept free of their breeding places.

E. All furnishings, fixtures, and equipment, including furniture, window coverings, sinks, toilets, bathtubs, and showers, shall be kept clean and in good repair and condition, except that furnishings and equipment owned by a resident shall be, at a minimum, in safe condition and not soiled in a manner that presents a health hazard.

F. All inside and outside steps, stairways, and ramps shall have nonslip surfaces.

G. Grounds shall be properly maintained to include mowing of grass and removal of snow and ice.

H. Handrails shall be provided on all stairways, ramps, elevators, and at changes of floor level.

I. Elevators, where used, shall be kept in good running condition and shall be inspected at least annually. Elevators shall be inspected in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The signed and dated certificate of inspection issued by the local authority shall be evidence of such inspection.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-880 Heating, ventilation, and cooling

A. At least one movable thermometer shall be available in each building for measuring temperatures in individual rooms that do not have a fixed thermostat that shows the temperature in the room.

B. Heating.

Heat shall be supplied from a central heating plant or an electrical heating system in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63).
Provided their installation or operation has been approved by the state or local building or fire authorities, space heaters, such as but not limited to, wood burning stoves, coal burning stoves, and oil heaters, or portable heating units either vented or unvented, may be used only to provide or supplement heat in the event of a power failure or similar emergency. These appliances shall be used in accordance with the manufacturer's instructions.
A temperature of at least 72°F shall be maintained in all areas used by residents during hours when residents are normally awake. During night hours, when residents are asleep, a temperature of at least 68°F shall be maintained. This standard applies unless otherwise mandated by federal or state authorities.

Exception: The facility may allow the temperature in a bedroom in which only one resident resides, which has a thermostat in the room, to be controlled by the resident as long as the temperature does not endanger the health, safety, or welfare of the resident.

C. Cooling.

The facility shall provide in all buildings an air conditioning system for all areas used by residents, including residents' bedrooms and common areas. Temperatures in all areas used by residents shall not exceed 80°F.

Any electric fans shall be screened and placed for the protection of the residents.

D. The facility shall develop and implement a plan to protect residents from heat-related and cold-related illnesses in the event of loss of air-conditioning or heat due to emergency situations or malfunctioning or broken equipment.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-890 Lighting and lighting fixtures

A. Artificial lighting shall be by electricity.

B. All interior and exterior areas shall be adequately lighted for the safety and comfort of residents and staff.

C. Glare shall be kept at a minimum in rooms used by residents. When necessary to reduce glare, coverings shall be used for windows and lights.

D. If used, fluorescent lights shall be replaced if they flicker or make noise.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-900 Sleeping areas

Resident sleeping quarters shall provide:

For not less than 450 cubic feet of air space per resident;
For square footage as provided in this subdivision:

a. As of February 1, 1996, all buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code (13VAC5-63), shall have not less than 100 square feet of floor area in bedrooms accommodating one resident; otherwise not less than 80 square feet of floor area in bedrooms accommodating one resident shall be required.

b. As of February 1, 1996, all buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code, shall have not less than 80 square feet of floor area per person in bedrooms accommodating two or more residents; otherwise not less than 60 square feet of floor area per person in bedrooms accommodating two or more persons shall be required;

For ceilings at least 7-1/2 feet in height;
For window areas as provided in this subdivision:

a. There shall be at least eight square feet of glazed window area in a room housing one person; and

b. There shall be at least six square feet of glazed window area per person in rooms occupied by two or more persons;

For occupancy as provided in this subdivision:

a. As of December 28, 2006, in all buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code (13VAC5-63), there shall be no more than two residents residing in a bedroom.

b. As of February 1, 2018, when there is a new facility licensee, there shall be no more than two residents residing in a bedroom.

c. Unless the provisions of subdivisions 5 a and 5 b of this section apply, there shall be no more than four residents residing in a bedroom;

For at least three feet of space between sides and ends of beds that are placed in the same room;
That no bedroom shall be used as a corridor to any other room;
That all beds shall be placed only in bedrooms; and
That household members and staff shall not share bedrooms with residents.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-910 Common rooms

As of October 9, 2001, buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code (13VAC5-63), shall have a glazed window area above ground level in at least one of the common rooms (e.g., living room, multipurpose room, or dining room). The square footage of the glazed window area shall be at least 8.0% of the square footage of the floor area of the common room.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-920 Toilet, face/hand washing, and bathing facilities

A. In determining the number of toilets, face/hand washing sinks, bathtubs, or showers required, the total number of persons residing on the premises shall be considered. Unless there are separate facilities for household members or staff, they shall be counted in determining the required number of fixtures, except that for bathtubs or showers, the staff count shall include only live-in staff.

As of December 28, 2006, in all buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code (13VAC5-63), on each floor where there are residents' bedrooms, there shall be:

a. At least one toilet for each four persons, or portion thereof;

b. At least one face/hand washing sink for each four persons, or portion thereof;

c. At least one bathtub or shower for each seven persons, or portion thereof; and

d. Toilets, face/hand washing sinks and bathtubs or showers in separate rooms for men and women where more than four persons live on a floor. Bathrooms equipped to accommodate more than one person at a time shall be labeled by gender. Gender designation of bathrooms shall remain constant during the course of a day.

Unless the provisions of subdivision 1 of this subsection apply, on each floor where there are residents' bedrooms, there shall be:

a. At least one toilet for each seven persons, or portion thereof;

b. At least one face/hand washing sink for each seven persons, or portion thereof;

c. At least one bathtub or shower for each 10 persons, or portion thereof; and

d. Toilets, face/hand washing sinks and bathtubs or showers in separate rooms for men and women where more than seven persons live on a floor. Bathrooms equipped to accommodate more than one person at a time shall be labeled by gender. Gender designation of bathrooms shall remain constant during the course of a day.

As of December 28, 2006, in all buildings approved for construction or change in use and occupancy classification, as referenced in the Virginia Uniform Statewide Building Code, when residents' rooms are located on the same floor as the main living or dining area, in addition to the requirements of subdivision 1 of this subsection, there shall be at least one more toilet and face/hand washing sink, which is available for common use. The provisions of subdivision 4 c of this subsection shall also apply.
On floors used by residents where there are no residents' bedrooms, there shall be:

a. At least one toilet;

b. At least one face/hand washing sink; and

c. Toilets and face/hand washing sinks in separate rooms for men and women in facilities where there are 10 or more residents. Bathrooms equipped to accommodate more than one person at a time shall be designated by gender. Gender designation of bathrooms must remain constant during the course of a day.

B. Bathrooms shall provide for privacy for such activities as bathing, toileting, and dressing.

C. There shall be ventilation to the outside in order to eliminate foul odors.

D. The following sturdy safeguards shall be provided, with installation in compliance with the Virginia Uniform Statewide Building Code:

Handrails by bathtubs;
Grab bars by toilets; and
Handrails inside and stools available to stall showers.

Exception: These safeguards shall be optional for residents with independent living status.

E. Bathtubs and showers shall have nonskid surfacing or strips.

F. The face/hand washing sink shall be in the same room as the toilet or in an adjacent private area that is not part of a common use area of the assisted living facility.

G. The assisted living facility shall provide private or common use toilet, face/hand washing, and bathing facilities to meet the needs of each resident.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-925 Toilet, face/hand washing, and bathing supplies

A. The facility shall have an adequate supply of toilet tissue and soap. Toilet tissue shall be accessible to each commode and soap shall be accessible to each face/hand washing sink and each bathtub or shower.

B. Common face/hand washing sinks shall have paper towels or an air dryer and liquid soap for hand washing.

C. Residents may not share bar soap.

D. The facility may not charge an additional amount for toilet paper, soap, paper towels, or use of an air dryer at common sinks and commodes.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-930 Provisions for signaling and call systems

A. All assisted living facilities shall have a signaling device that is easily accessible to the resident in his bedroom or in a connecting bathroom that alerts the direct care staff that the resident needs assistance.

B. In buildings licensed to care for 20 or more residents under one roof, there shall be a signaling device that terminates at a central location that is continuously staffed and permits staff to determine the origin of the signal or is audible and visible in a manner that permits staff to determine the origin of the signal.

C. In buildings licensed to care for 19 or fewer residents under one roof, if the signaling device does not permit staff to determine the origin of the signal as specified in subsection B of this section, direct care staff shall make rounds at least once each hour to monitor for emergencies or other unanticipated resident needs. These rounds shall begin when the majority of the residents have gone to bed each evening and shall terminate when the majority of the residents have arisen each morning, and shall be documented as follows:

A written log shall be maintained showing the date and time rounds were made and the signature of the direct care staff member who made rounds.
Logs for the past two years shall be retained.

Exception: Rounds may be made on a different frequency if requested by the resident and agreed to by the facility. Any agreement for a different frequency must be in writing, specify the frequency, be signed and dated by the resident and the facility, and be retained in the resident's record. The written log required in subdivision 1 of the subsection shall indicate the name of such resident. If there is a change in the resident's condition or care needs, the agreement shall be reviewed and if necessary, the frequency of rounds shall be adjusted. If an adjustment is made, the former agreement shall be replaced with a new agreement or with compliance with the frequency specified in this subsection.

D. For each resident with an inability to use the signaling device, in addition to any other services, the following shall be met:

This inability shall be included in the resident's individualized service plan.
The plan shall specify a minimal frequency of daily rounds to be made by direct care staff to monitor for emergencies or other unanticipated resident needs.
Unless subsection C of this section is applicable, once the resident has gone to bed each evening until the resident has arisen each morning, at a minimum, direct care staff shall make rounds no less often than every two hours, except that rounds may be made on a different frequency if requested by the resident and agreed to by the facility. Any agreement for a different frequency must be in writing, specify the frequency, be signed and dated by the resident and the facility, and be retained in the resident's record. If there is a change in the resident's condition or care needs, the agreement shall be reviewed and if necessary, the frequency of rounds shall be adjusted. If an adjustment is made, the former agreement shall be replaced with a new agreement or with compliance with the frequency specified in this subdivision.
The facility shall document the rounds that were made, which shall include the name of the resident, the date and time of the rounds, and the staff member who made the rounds. The documentation shall be retained for two years.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-940 Fire safety: compliance with state regulations and local fire ordinances

A. An assisted living facility shall comply with the Virginia Statewide Fire Prevention Code (13VAC5-51) as determined by at least an annual inspection by the appropriate fire official. Reports of the inspections shall be retained at the facility for at least two years.

B. An assisted living facility shall comply with any local fire ordinance.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Part IX Emergency Preparedness

22VAC40-73-950 Emergency preparedness and response plan

A. The facility shall develop a written emergency preparedness and response plan that shall address:

Documentation of initial and annual contact with the local emergency coordinator to determine (i) local disaster risks, (ii) communitywide plans to address different disasters and emergency situations, and (iii) assistance, if any, that the local emergency management office will provide to the facility in an emergency.
Analysis of the facility's potential hazards, including severe weather, biohazard events, fire, loss of utilities, flooding, work place violence or terrorism, severe injuries, or other emergencies that would disrupt normal operation of the facility.
Written emergency management policies and procedures for provision of:

a. Administrative direction and management of response activities;

b. Coordination of logistics during the emergency;

c. Communications;

d. Life safety of residents, staff, volunteers, and visitors;

e. Property protection;

f. Continued services to residents;

g. Community resource accessibility; and

h. Recovery and restoration.

Written emergency response procedures for assessing the situation; protecting residents, staff, volunteers, visitors, equipment, medications, and vital records; and restoring services. Emergency procedures shall address:

a. Alerting emergency personnel and facility staff;

b. Warning and notification of residents, including sounding of alarms when appropriate;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations and sheltering in place, as appropriate, and accounting for all residents;

e. Locating and shutting off utilities when necessary;

f. Maintaining and operating emergency equipment effectively and safely;

g. Communicating with staff and community emergency responders during the emergency; and

h. Conducting relocations to emergency shelters or alternative sites when necessary and accounting for all residents.

Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, memoranda of understanding with relocation sites, and list of major resources such as suppliers of emergency equipment.

B. By December 1, 2020, an assisted living facility that is equipped with an onsite emergency generator shall include in its emergency preparedness and response plan a description of the generator's capacity to provide sufficient power for the operation of lighting, ventilation, temperature control, supplied oxygen, and refrigeration.

C. By December 1, 2020, an assisted living facility that is not equipped with an onsite emergency generator shall:

Enter into an agreement with a vendor capable of providing the facility with an emergency generator for the provision of electricity during an interruption of the normal electric power supply; and
Enter into at least one agreement with a separate vendor capable of providing an emergency generator in the event that the primary vendor is unable to comply with its agreement with the facility during an emergency.

D. Staff and volunteers shall be knowledgeable in and prepared to implement the emergency preparedness plan in the event of an emergency.

E. The facility shall develop and implement an orientation and semi-annual review on the emergency preparedness and response plan for all staff, residents, and volunteers, with emphasis placed on an individual's respective responsibilities. The review shall be documented by signing and dating. The orientation and review shall cover responsibilities for:

Alerting emergency personnel and sounding alarms;
Implementing evacuation, shelter in place, and relocation procedures;
Using, maintaining, and operating emergency equipment;
Accessing emergency medical information, equipment, and medications for residents;
Locating and shutting off utilities; and
Utilizing community support services.

F. The facility shall review the emergency preparedness plan annually or more often as needed, document the review by signing and dating the plan, and make necessary plan revisions. Such revisions shall be communicated to staff, residents, and volunteers and incorporated into the orientation and semi-annual review for staff, residents, and volunteers.

G. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the facility shall take appropriate action to protect the health, safety, and welfare of the residents and take appropriate actions to remedy the conditions as soon as possible.

H. After the disaster or emergency is stabilized, the facility shall:

Notify family members and legal representatives; and
Report the disaster or emergency to the regional licensing office by the next day as specified in 22VAC40-73-70.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-73-960 Fire and emergency evacuation plan

A. Assisted living facilities shall have a written plan for fire and emergency evacuation that is to be followed in the event of a fire or other emergency. The plan shall be approved by the appropriate fire official.

B. A fire and emergency evacuation drawing shall be posted in a conspicuous place on each floor of each building used by residents. The drawing shall show primary and secondary escape routes, areas of refuge, assembly areas, telephones, fire alarm boxes, and fire extinguishers, as appropriate.

C. The telephone numbers for the fire department, rescue squad or ambulance, police, and Poison Control Center shall be posted by each telephone shown on the fire and emergency evacuation plan.

D. In assisted living facilities where all outgoing telephone calls must be placed through a central switchboard located on the premises, the information required in subsection C of this section may be posted by the switchboard rather than by each telephone, provided this switchboard is staffed 24 hours each day.

E. Staff and volunteers shall be fully informed of the approved fire and emergency evacuation plan, including their duties, and the location and operation of fire extinguishers, fire alarm boxes, and any other available emergency equipment.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-970 Fire and emergency evacuation drills

A. Fire and emergency evacuation drill frequency and participation shall be in accordance with the current edition of the Virginia Statewide Fire Prevention Code (13VAC5-51). The drills required for each shift in a quarter shall not be conducted in the same month.

B. Additional fire and emergency evacuation drills may be held at the discretion of the administrator or licensing inspector and must be held when there is any reason to question whether the requirements of the approved fire and emergency evacuation plan can be met.

C. Each required fire and emergency evacuation drill shall be unannounced.

D. Immediately following each required fire and emergency evacuation drill, there shall be an evaluation of the drill by the staff in order to determine the effectiveness of the drill. The licensee or administrator shall immediately correct any problems identified in the evaluation and document the corrective action taken.

E. A record of the required fire and emergency evacuation drills shall be kept in the facility for two years. Such record shall include:

Identity of the person conducting the drill;
The date and time of the drill;
The method used for notification of the drill;
The number of staff participating;
The number of residents participating;
Any special conditions simulated;
The time it took to complete the drill;
Weather conditions; and
Problems encountered, if any.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-980 Emergency equipment and supplies

A. A complete first aid kit shall be on hand in each building at the facility, located in a designated place that is easily accessible to staff but not to residents. Items with expiration dates must not have dates that have already passed. The kit shall include the following items:

Adhesive tape;
Antiseptic wipes or ointment;
Band-aids, in assorted sizes;
Blankets, either disposable or other;
Disposable single-use breathing barriers or shields for use with rescue breathing or CPR (e.g., CPR mask or other type);
Cold pack;
Disposable single-use waterproof gloves;
Gauze pads and roller gauze, in assorted sizes;
Hand cleaner (e.g., waterless hand sanitizer or antiseptic towelettes);
Plastic bags;
Scissors;
Small flashlight and extra batteries;
Thermometer;
Triangular bandages;
Tweezers; and
The first aid instructional manual.

B. In facilities that have a motor vehicle that is used to transport residents and in a motor vehicle used for a field trip, there shall be a first aid kit on the vehicle, located in a designated place that is accessible to staff but not residents that includes items as specified in subsection A of this section.

C. First aid kits shall be checked at least monthly to ensure that all items are present and items with expiration dates are not past their expiration date.

D. Each facility with six or more residents shall be equipped with a permanent connection able to connect to a temporary emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply. The connection shall be of the size that is capable of providing power to required circuits when connected and that is sufficient to implement the emergency preparedness and response plan. The installation of a connection for temporary electric power shall be in compliance with the Virginia Uniform Statewide Building Code (13VAC5-63) and approved by the local building official. Permanent installations of emergency power systems shall be acceptable when installed in accordance with the Uniform Statewide Building Code and approved by the local building official.

E. By December 1, 2020, the following provisions shall be met:

A facility that is equipped with an onsite emergency generator shall test the generator monthly and maintain records of the tests.
A facility that is not equipped with an onsite emergency generator shall have a temporary emergency electrical power source connection that is tested at the time of installation and every two years thereafter by a contracted vendor and maintain records of the tests.

F. The following emergency lighting shall be available:

Flashlights or battery lanterns for general use.
One flashlight or battery lantern for each employee directly responsible for resident care who is on duty between 5 p.m. and 7 a.m.
One flashlight or battery lantern for each bedroom used by residents and for the living and dining area unless there is a provision for emergency lighting in the adjoining hallways.
The use of open flame lighting is prohibited.

G. There shall be two forms of communication for use in an emergency.

H. The facility shall ensure the availability of a 96-hour supply of emergency food and drinking water. At least 48 hours of the supply must be on site at any given time, of which the facility's rotating stock may be used.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-73-990 Plan for resident emergencies and practice exercise

A. Assisted living facilities shall have a written plan for resident emergencies that includes:

Procedures for handling medical emergencies, including identifying the staff person responsible for (i) calling the rescue squad, ambulance service, resident's physician, or Poison Control Center; and (ii) providing first aid and CPR, when indicated.
Procedures for handling mental health emergencies such as, but not limited to, catastrophic reaction or the need for a temporary detention order.
Procedures for making pertinent medical information and history available to the rescue squad and hospital, including a copy of the current medication administration record and advance directives.
Procedures to be followed in the event that a resident is missing, including (i) involvement of facility staff, appropriate law-enforcement agency, and others as needed; (ii) areas to be searched; (iii) expectations upon locating the resident; and (iv) documentation of the event.
Procedures for notifying the resident's family, legal representative, designated contact person, and any responsible social agency.
Procedures for notifying the regional licensing office as specified in 22VAC40-73-70.

B. The procedures in the plan for resident emergencies required in subsection A of this section shall be reviewed by the facility at least every six months with all staff. Documentation of the review shall be signed and dated by each staff person.

C. At least once every six months, all staff currently on duty on each shift shall participate in an exercise in which the procedures for resident emergencies are practiced. Documentation of each exercise shall be maintained in the facility for at least two years.

D. The plan for resident emergencies shall be readily available to all staff, residents' families, and legal representatives.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Article 1 Subjectivity

22VAC40-73-1000 Subjectivity

Part X Additional Requirements for Facilities that Care for Adults with Serious Cognitive Impairments

Article 1 Subjectivity

All facilities that care for residents with serious cognitive impairments due to a primary psychiatric diagnosis of dementia who cannot recognize danger or protect their own safety and welfare shall be subject to either Article 2 (22VAC40-73-1010 et seq.) or Article 3 (22VAC40-73-1080 et seq.) of this part. All facilities that care for residents with serious cognitive impairments due to any other diagnosis who cannot recognize danger or protect their own safety and welfare shall be subject to Article 2 of this part.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Article 2 Mixed Population

22VAC40-73-1010 Applicability

Article 2 Mixed Population

The requirements in this article apply when there is a mixed population consisting of any combination of (i) residents who have serious cognitive impairments due to a primary psychiatric diagnosis of dementia who are unable to recognize danger or protect their own safety and welfare and who are not in a special care unit as provided for in Article 3 (22VAC40-73-1080 et seq.) of this part; (ii) residents who have serious cognitive impairments due to any other diagnosis who cannot recognize danger or protect their own safety and welfare; and (iii) other residents. The requirements in this article also apply when all the residents have serious cognitive impairments due to any diagnosis other than a primary psychiatric diagnosis of dementia and cannot recognize danger or protect their own safety and welfare. Except for special care units covered by Article 3 of this part, these requirements apply to the entire facility unless specified otherwise.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1020 Staffing

A. When residents are present, there shall be at least two direct care staff members awake and on duty at all times in each building who shall be responsible for the care and supervision of the residents.

B. The requirements of subsection A of this section do not apply to assisted living facilities that are licensed for 10 or fewer residents if not more than three of the residents have serious cognitive impairments. The staffing provisions of 22VAC40-73-280 D apply.

C. During trips away from the facility, there shall be sufficient direct care staff to provide sight and sound supervision to all residents who cannot recognize danger or protect their own safety and welfare.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 34, Issue 24, eff. August 23, 2018.

22VAC40-73-1030 Staff training

A. Within three months of the starting date of employment, the administrator shall attend 12 hours of training in working with individuals who have a cognitive impairment, and the training shall meet the requirements of subsection C of this section.

Training in cognitive impairment that meets the requirements of subsection C of this section and was completed in the year prior to employment is transferable and counts toward the required 12 hours if there is documentation of the training.
Whether the training counts toward continuing education for administrator licensure and for what period of time depends upon the licensure requirements of the Virginia Board of Long-Term Care Administrators.

B. Within four months of the starting date of employment, direct care staff shall attend six hours of training in working with individuals who have a cognitive impairment, and the training shall meet the requirements of subsection C of this section.

The six-hour training received within the first four months of employment is counted toward the annual training requirement for the first year.
Training in cognitive impairment that meets the requirements of subsection C of this section and was completed in the year prior to employment is transferable if there is documentation of the training.
The documented previous cognitive impairment training referenced in subdivision 2 of this subsection is counted toward the required six hours but not toward the annual training requirement.

C. Curriculum for the training in cognitive impairment for direct care staff and administrators shall be developed by a qualified health professional or by a licensed social worker, shall be relevant to the population in care, shall maximize the level of a resident's functional ability, and shall include:

Information about cognitive impairment, including areas such as cause, progression, behaviors, and management of the condition;
Communicating with the resident;
Resident care techniques for residents with physical, cognitive, behavioral, and social disabilities;
Managing dysfunctional behavior;
Creating a therapeutic environment;
Planning and facilitating activities appropriate for each resident; and
Identifying and alleviating safety risks to residents with cognitive impairment.

D. Within the first month of employment, staff, other than the administrator and direct care staff, shall complete two hours of training on the nature and needs of residents with cognitive impairments relevant to the population in care.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1040 Doors and windows

A. Doors leading to the outside shall have a system of security monitoring of residents with serious cognitive impairments, such as door alarms, cameras, constant staff oversight, security bracelets that are part of an alarm system, or delayed egress mechanisms. Residents with serious cognitive impairments may be limited but not prohibited from exiting the facility or any part thereof. Before limiting any resident from freely leaving the facility, the resident's record shall reflect the behavioral observations or other bases for determining that the resident has a serious cognitive impairment and cannot recognize danger or protect his own safety and welfare.

B. There shall be protective devices on the bedroom and the bathroom windows of residents with serious cognitive impairments and on windows in common areas accessible to these residents to prevent the windows from being opened wide enough for a resident to crawl through. The protective devices on the windows shall be in conformance with the Virginia Uniform Statewide Building Code (13VAC5-63).

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1050 Outdoor access

A. The facility shall have a secured outdoor area for the residents' use or provide direct care staff supervision while residents with serious cognitive impairments are outside.

B. Weather permitting, residents with serious cognitive impairments shall be reminded of the opportunity to be outdoors on a daily basis.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1060 Indoor walking area

The facility shall provide to residents free access to an indoor walking corridor or other indoor area that may be used for walking.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1070 Environmental precautions

A. Special environmental precautions shall be taken by the facility to eliminate hazards to the safety and well-being of residents with serious cognitive impairments. Examples of environmental precautions include signs, carpet patterns and arrows that point the way, and reduction of background noise.

B. When there are indications that ordinary materials or objects may be harmful to a resident with a serious cognitive impairment, these materials or objects shall be inaccessible to the resident except under staff supervision.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Article 3 Safe, Secure Environment

22VAC40-73-1080 Applicability

Article 3 Safe, Secure Environment

A. In order to be admitted or retained in a safe, secure environment as defined in 22VAC40-73-10, except as provided in subsection B of this section, a resident must have a serious cognitive impairment due to a primary psychiatric diagnosis of dementia and be unable to recognize danger or protect his own safety and welfare. The requirements in this article apply when such residents reside in a safe, secure environment. These requirements apply only to the safe, secure environment.

B. A resident's spouse, parent, adult sibling, or adult child who otherwise would not meet the criteria to reside in a safe, secure environment may reside in the special care unit if the spouse, parent, sibling, or child so requests in writing, the facility agrees in writing, and the resident, if capable of making the decision, agrees in writing. The written request and agreements must be maintained in the resident's file. The spouse, parent, sibling, or child is considered a resident of the facility and as such this chapter applies. The requirements of this article do not apply for the spouse, parent, adult sibling, or adult child because the individual does not have a serious cognitive impairment due to a primary psychiatric diagnosis of dementia with an inability to recognize danger or protect his own safety and welfare.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1090 Assessment

A. Prior to his admission to a safe, secure environment, the resident shall have been assessed by an independent clinical psychologist licensed to practice in the Commonwealth or by an independent physician as having a serious cognitive impairment due to a primary psychiatric diagnosis of dementia with an inability to recognize danger or protect his own safety and welfare. The physician shall be board certified or board eligible in a specialty or subspecialty relevant to the diagnosis and treatment of serious cognitive impairments (e.g., family practice, geriatrics, internal medicine, neurology, neurosurgery, or psychiatry). The assessment shall be in writing and shall include the following areas:

Cognitive functions (e.g., orientation, comprehension, problem-solving, attention and concentration, memory, intelligence, abstract reasoning, judgment, and insight);
Thought and perception (e.g., process and content);
Mood/affect;
Behavior/psychomotor;
Speech/language; and
Appearance.

B. The assessment required in subsection A of this section shall be maintained in the resident's record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1100 Approval

A. Prior to placing a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia in a safe, secure environment, the facility shall obtain the written approval of one of the following persons, in the following order of priority:

The resident, if capable of making an informed decision;
A guardian or other legal representative for the resident if one has been appointed;
A relative who is willing and able to take responsibility to act as the resident's representative, in the following specified order: (i) spouse, (ii) adult child, (iii) parent, (iv) adult sibling, (v) adult grandchild, (vi) adult niece or nephew, (vii) aunt or uncle; or
If the resident is not capable of making an informed decision and a guardian, legal representative, or relative is unavailable, an independent physician who is skilled and knowledgeable in the diagnosis and treatment of dementia.

B. The obtained written approval shall be retained in the resident's file.

C. The facility shall document that the order of priority specified in subsection A of this section was followed, and the documentation shall be retained in the resident's file.

D. As soon as one of the persons in the order as prioritized in subsection A of this section disapproves of placement or retention in the safe, secure environment, then the assisted living facility shall not place or retain the resident or prospective resident in the special care unit.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1110 Appropriateness of placement and continued residence

A. Prior to admitting a resident with a serious cognitive impairment due to a primary psychiatric diagnosis of dementia to a safe, secure environment, the licensee, administrator, or designee shall determine whether placement in the special care unit is appropriate. The determination and justification for the decision shall be in writing and shall be retained in the resident's file.

B. Six months after placement of the resident in the safe, secure environment and annually thereafter, the licensee, administrator, or designee shall perform a review of the appropriateness of each resident's continued residence in the special care unit.

C. Whenever warranted by a change in a resident's condition, the licensee, administrator, or designee shall also perform a review of the appropriateness of continued residence in the unit.

D. The reviews specified in subsections B and C of this section shall be performed in consultation with the following persons, as appropriate:

The resident;
A responsible family member;
A guardian or other legal representative;
A designated contact person;
Direct care staff who provide care and supervision to the resident;
The resident's mental health provider;
The licensed health care professional required in 22VAC40-73-490;
The resident's physician; and
Any other professional involved with the resident.

E. The licensee, administrator, or designee shall make a determination as to whether continued residence in the special care unit is appropriate at the time of each review required by subsections B and C of this section. The determination and justification for the decision shall be in writing and shall be retained in the resident's file.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1120 Activities

A. In addition to the requirements of this section, all the requirements of 22VAC40-73-520 apply to safe, secure environments, except for 22VAC40-73-520 C and E.

B. There shall be at least 21 hours of scheduled activities available to the residents each week for no less than two hours each day.

C. If appropriate to meet the needs of the resident with a short attention span, there shall be multiple short activities.

D. Staff shall regularly encourage residents to participate in activities and provide guidance and assistance, as needed.

E. As appropriate, residents shall be encouraged to participate in supervised activities or programs outside the special care unit.

F. There shall be a designated staff person responsible for managing or coordinating the structured activities program. This staff person shall be on site in the special care unit at least 20 hours a week, shall maintain personal interaction with the residents and familiarity with their needs and interests, and shall meet at least one of the following qualifications:

Be a qualified therapeutic recreation specialist or an activities professional;
Be eligible for certification as a therapeutic recreation specialist or an activities professional by a recognized accrediting body;
Have one year full-time work experience within the last five years in an activities program in an adult care setting;
Be a qualified occupational therapist or an occupational therapy assistant; or
Prior to or within six months of employment, have successfully completed 40 hours of department-approved training in adult group activities and in recognizing and assessing the activity needs of residents.

The required 20 hours on site does not have to be devoted solely to managing or coordinating activities; neither is it required that the person responsible for managing or coordinating the activities program conduct the activities.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1130 Staffing

A. Except during night hours, when 20 or fewer residents are present, at least two direct care staff members shall be awake and on duty at all times in each special care unit who shall be responsible for the care and supervision of the residents. For every additional 10 residents, or portion thereof, at least one more direct care staff member shall be awake and on duty in the unit.

B. Except during night hours, only one direct care staff member has to be awake and on duty in the unit if sufficient to meet the needs of the residents, if (i) there are no more than five residents present in the unit and (ii) there are at least two other direct care staff members in the building, one of whom is readily available to assist with emergencies in the special care unit, provided that supervision necessary to ensure the health, safety, and welfare of residents throughout the building is not compromised.

C. During night hours, the following number of direct care staff members shall be awake and on duty at all times in each special care unit and shall be responsible for the care and supervision of the residents:

When 22 or fewer residents are present, at least two direct care staff members;
When 23 to 32 residents are present, at least three direct care staff members;
When 33 to 40 residents are present, at least four direct care staff members; and
When more than 40 residents are present, at least four direct care staff members plus at least one more direct care staff member for every additional 10 residents, or portion thereof.

The requirements in subsections A, B, and C of this section are independent of 22VAC40-73-280 D and 22VAC40-73-1020 A and B.

D. During trips away from the facility, there shall be sufficient direct care staff to provide sight and sound supervision to residents.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018; amended, Virginia Register Volume 34, Issue 24, eff. August 23, 2018; Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-73-1140 Staff training

A. Within three months of the starting date of employment, the administrator shall attend at least 12 hours of training in cognitive impairment that meets the requirements of subsection C of this section.

Training in cognitive impairment that meets the requirements of subsection C of this section and was completed in the year prior to employment is transferable and counts toward the required 12 hours if there is documentation of the training.
Whether the training counts toward continuing education for administrator licensure and for what period of time depends upon the licensure requirements of the Virginia Board of Long-Term Care Administrators.

B. Within four months of the starting date of employment in the safe, secure environment, direct care staff shall attend at least 10 hours of training in cognitive impairment that meets the requirements of subsection C of this section.

The training is counted toward the annual training requirement for the first year.
Training in cognitive impairment that meets the requirements of subsection C of this section and was completed in the year prior to employment is transferable if there is documentation of the training.
The documented previous cognitive impairment training referenced in subdivision 2 of this subsection is counted toward the required 10 hours but not toward the annual training requirement.

C. The training in cognitive impairment required by subsections A and B of this section shall be relevant to the population in care, shall maximize the level of a resident's functional ability, and shall include the following topics:

Information about cognitive impairment, including areas such as cause, progression, behaviors, and management of the condition;
Communicating with the resident;
Resident care techniques for persons with physical, cognitive, behavioral, and social disabilities;
Managing dysfunctional behavior;

5.Creating a therapeutic environment;

Planning and facilitating activities appropriate for each resident; and
Identifying and alleviating safety risks to residents with cognitive impairment.

D. The training specified in subsection C of this section shall be developed and provided by:

A licensed health care professional practicing within the scope of his profession who has at least 12 hours of training in the care of individuals with cognitive impairments due to dementia; or
A person who has been approved by the department to develop or provide the training.

E. Within the first month of employment, staff, other than the administrator and direct care staff, who will have contact with residents in the special care unit shall complete two hours of training on the nature and needs of residents with cognitive impairments due to dementia.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1150 Doors and windows

A. Doors that lead to unprotected areas shall be monitored or secured through devices that conform to applicable building and fire codes, including door alarms, cameras, constant staff oversight, security bracelets that are part of an alarm system, pressure pads at doorways, delayed egress mechanisms, locking devices, or perimeter fence gates. Residents who reside in safe, secure environments may be prohibited from exiting the facility or the special care unit if applicable building and fire codes are met.

B. There shall be protective devices on the bedroom and bathroom windows of residents and on windows in common areas accessible to residents to prevent the windows from being opened wide enough for a resident to crawl through. The protective devices on the windows shall be in conformance with the Virginia Uniform Statewide Building Code (13VAC5-63).

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1160 Outdoor access

A. The facility shall have a secured outdoor area for the residents' use or provide direct care staff supervision while residents are outside.

B. Residents shall be given the opportunity to be outdoors on a daily basis, weather permitting.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1170 Indoor walking area

The facility shall provide to residents free access to an indoor walking corridor or other indoor area that may be used for walking.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

22VAC40-73-1180 Environmental precautions

A. Special environmental precautions shall be taken by the facility to eliminate hazards to the safety and well-being of residents. Examples of environmental precautions include signs, carpet patterns and arrows that point the way, high visual contrast between floors and walls, and reduction of background noise.

B. When there are indications that ordinary materials or objects may be harmful to a resident, these materials or objects shall be inaccessible to the resident except under staff supervision.

C. Special environmental enhancements, tailored to the population in care, shall be provided by the facility to enable residents to maximize their independence and to promote their dignity in comfortable surroundings. Examples of environmental enhancements include memory boxes, activity centers, rocking chairs, and visual contrast between plates and eating utensils and the table.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 6, eff. February 1, 2018.

Chapter 80 General Procedures and Information for Licensure

Part I Introduction

22VAC40-80-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative hearing" means a hearing that is conducted pursuant to § 2.2-4020 of the Administrative Process Act.

"Adult care facility" means a licensed assisted living facility or adult day center.

"Adverse action" means any case where the department either gives notice of revocation or refuses to issue a license for an assisted living facility, adult day center, or child welfare agency or imposes another administrative sanction pursuant to § 63.2-1709 of the Code of Virginia.

"Aggrieved party" means an applicant or licensee who has requested an appeal in accordance with instructions provided after the department has given written notice of the imposition of an administrative sanction or adverse action for an assisted living facility, adult day center, or child welfare agency.

"Allowable variance" means permission is granted by the department to a licensee or applicant for licensure to meet the intent of a standard by some means other than as specified by the standard when the applicant or licensee has demonstrated that (i) the implementation of a standard would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of persons in care.

"Applicant" means the person, corporation, partnership, association, limited liability company, or public agency that has applied for a license to operate or maintain an assisted living facility, adult day center, or child welfare agency. For a child welfare agency, the "person who operates or maintains a child welfare agency" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child welfare agency.

"Board" means the State Board of Social Services.

"Child welfare agency" means a child-placing agency, children's residential facility, child-caring institution, or independent foster home.

"Commissioner" means the Commissioner of the Department of Social Services.

"Complaint" means an accusation that a facility that is subject to licensure is operating without a license or that a licensed facility is not in compliance with licensing standards or law.

"Conditional license" means a license that may be issued to a new facility to operate in order to permit the applicant to demonstrate compliance with specified standards.

"Consent agreement" means an agreement between the licensee and the department that the licensee will perform specific actions for the purpose of correcting violations to come into compliance with standards or statutes.

"Day" means a calendar day unless otherwise specified.

"Denial" means the act of refusing to grant a license after receipt of an initial or renewal application.

"Department" means the Department of Social Services.

"Early compliance" means that the licensee has demonstrated full compliance with requirements, allowing the department to replace a provisional or conditional license with a regular license.

"Functional design" means the design features of building and grounds not regulated by the Building Code, necessary for particular activities and operations of a facility subject to licensure by the Department of Social Services.

"Good character and reputation" means findings have been established and knowledgeable, reasonable, and objective people agree that the individual (i) maintains business or professional, family, and community relationships that are characterized by honesty, fairness, truthfulness, and dependability; and (ii) has a history or pattern of behavior that demonstrates the individual is suitable and able to administer a program for the care, supervision, and protection of children or adults. Relatives by blood or marriage and persons who are not knowledgeable of the individual, such as recent acquaintances, may not be considered objective references.

"Hearing" means agency processes other than those informational or factual inquiries of an informal nature provided in §§ 2.2-4007 and 2.2-4019 of the Code of Virginia and includes only (i) opportunity for private parties to submit factual proofs in formal proceedings as provided in § 2.2-4009 of the Code of Virginia in connection with the making of regulations or (ii) a similar right of private parties of public agencies as provided in § 2.2-4020 of the Code of Virginia in connection with case decisions.

"Hearing coordinator" means the person designated by the Department of Social Services to perform certain administrative functions involved in setting up and carrying out the hearings concerning adverse action on a license for an assisted living facility, adult day center, or child welfare agency, as set out in this chapter.

"Hearing officer" means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2.2-4024 of the Code of Virginia to preside at hearings concerning adverse action on a license for an assisted living facility, adult day center, or child welfare agency.

"Informal conference" means the informal fact-finding procedures available pursuant to §§ 2.2-4019 and 2.2-4021 of the Code of Virginia.

"Licensee" means the person, corporation, partnership, association, limited liability company, or public agency to whom a license is issued and who is legally responsible for compliance with the regulations and statutory requirements related to the operation or maintenance of the assisted living facility, adult day center, or child welfare agency. For a child welfare agency, the "person who operates or maintains a child welfare agency" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child welfare agency.

"Probationary status" means placing a licensee on notice that the facility or agency is substantially out of compliance with the terms of its license and the health, safety, and well-being of persons in care are at risk. Probationary status is a precursor to more serious action such as revocation, denial, or injunctive action unless immediate corrective action occurs.

"Provisional license" means a license that may be issued upon expiration of a regular license when the licensee is temporarily unable to substantially comply with the requirements of the law and regulations.

"Recommended findings of fact and recommended decision" means the report prepared by the hearing officer upon evidence presented in the administrative hearing based on the applicable laws and regulations under which the department operates.

"Regular license" means a license that is issued for 12 months or more as provided in Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia to a facility determined to be in substantial compliance with applicable standards and regulations. The actual duration of the licensure period is stated on the license.

"Revocation" means the act of terminating a license during its effective dates because of findings of serious noncompliance.

"Special order" means an order imposing an administrative sanction issued to any party licensed pursuant to Title 63.2 of the Code of Virginia by the commissioner that has a stated duration of not more than 12 months. A special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. The 12-month period begins 30 days after notification of the issuance of a special order or at the conclusion of all appeal steps.

"Substantial compliance" means that while there may be noncompliance with one or more standards that represents minimal risk, compliance clearly and obviously exists with most of the standards as a whole.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 1.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 34, Issue 2, eff. October 19, 2017; Volume 38, Issue 2, eff. October 13, 2021; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-20 Preplanning

A. Licensing staff are available throughout the application or licensing process to answer questions and provide consultation and technical assistance (see 22VAC40-80-130).

B. In order to avoid costly errors, applicants and prospective applicants are urged to present their building plans to the department as early as possible and before entering into contracts in order to assure that the building can be preapproved as meeting the department's regulations (see 22VAC40-80-150).

C. The department will make an on-site inspection of the proposed facility and services; investigate the character and reputation of the licensee and, if required, staff and household members; and upon receipt of the initial application will investigate the financial responsibility of the applicant (see 22VAC40-80-160).

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 1.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 29, Issue 21, eff. July 17, 2013.

Part II Licensing Regulations

22VAC40-80-30 Responsibility of the department

Through the administration of the licensing program, the Department of Social Services assumes responsibility to ensure that licensed facilities and agencies provide children and adults with at least a minimum level of care in accordance with regulations prescribed by the State Board of Social Services. The department also has the responsibility to investigate allegations of illegal operations and to initiate action to suppress illegal operations. The Virginia Code requires the State Board of Social Services to adopt regulations for the licensure of the following categories of facilities and agencies:

Adult day centers;
Assisted living facilities;
Private child-placing agencies;
Child caring institutions; and
Independent foster homes.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 2.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-40 Adoption of regulations

The State Board of Social Services has adopted regulations for each category listed above. The definition of each category and requirements for licensure are contained in each regulation.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 2.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-50 Regulation development or revision process

A. In developing or revising regulations for licensed facilities or agencies, the Department of Social Services, acting as agent for the State Board of Social Services, adheres to the requirements of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and the public participation process.

B. Input from licensees, associations of licensees, experts in related fields, advocacy organizations, consumers, and the general public is solicited in the development or revision of licensing regulations through informal and formal comment periods and public hearings.

C. Periodic reviews are conducted and, when necessary, comprehensive revisions of each regulation to assure that its standards continue to protect children and adults in out-of-home care while considering the interests of both providers and consumers of care.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 2.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021.

Part III The License

22VAC40-80-60 General

A. A license to operate a facility or agency is issued to a specific person or organization to provide out-of-home care to children or adults. An organization may be a partnership, association, corporation, limited liability company, or public entity.

B. Pursuant to § 63.2-1712 of the Code of Virginia, any person, officer, or member of a governing board of any association or corporation that operates an assisted living facility, adult day center, or child welfare agency shall be guilty of a Class 1 misdemeanor if the individual:

Interferes with any representative of the commissioner in the discharge of licensing duties;
Makes to the commissioner or any representative of the commissioner any report or statement with respect to the operation of any assisted living facility, adult day center, or child welfare agency that is known by such person to be false or untrue;
Operates or engages in the conduct of these facilities without first obtaining a license as required or after such license has been revoked, suspended, or has expired and not been renewed; or
Operates or engages in the conduct of one of these facilities serving more persons than the maximum stipulated in the license.

C. When a licensee plans to close or sell a facility, the licensee shall notify the appropriate licensing office at least 60 days prior to the anticipated closure or sale date. When the facility closes or the sale is finalized, the license shall be returned to the appropriate licensing office.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 23, Issue 6, eff. December 28, 2006; Volume 36, Issue 2, eff. October 17, 2019; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-70 Nontransferability of license

A license is not transferable when there is a change in the ownership or location of the facility or agency to which the license has been issued.

Licenses issued for private child placing agencies are transferable when agencies change location.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-80 Conditional license

The department may issue a conditional license to a new facility or agency in order to permit the applicant to demonstrate compliance with specified standards. A conditional license may be renewed, but the issuance of a conditional license and any renewals thereof shall be for no longer a period than six successive months. When the conditional period is over, the facility or agency must substantially meet the standards or be denied a license. Conditional licenses may be used only for new facilities or agencies.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-90 Regular license

A regular license is issued when the activities, services, facilities, and applicant's financial responsibility substantially meet the requirements for a license that are set forth by regulations adopted by the State Board of Social Services and any additional requirements that may be specified by the Code of Virginia.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-100 Duration of licensure

Each license and renewal thereof may be issued for a period of up to three successive years. The criteria for determining the periods of licensure are based on the activities, services, management, and compliance history of the facility.

A three-year license may be issued when a facility's activities, services, and management routinely substantially exceed the minimum standards.

A two-year license may be issued when a facility's services and management routinely meet and maintain compliance with minimum standards and may exceed on a sustained basis in some areas.

An annual license may be issued when a facility's activities, services, and management indicate an inconsistent level of compliance but substantial compliance is reached. Some reinforcement and guidance are needed in order for the facility to meet or maintain minimum requirements.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.5, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-110 Provisional license

When a regular license expires and the applicant is temporarily unable to comply with the requirements of the regulations, the department may issue a provisional license for any period not to exceed 12 months. A provisional license shall not be issued to a facility or agency immediately following a conditional license. At the conclusion of the provisional licensure period, the facility or agency must be in substantial compliance with licensing standards or be denied a license to continue operation.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.6, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 40, Issue 2, eff. October 11, 2023.

22VAC40-80-120 Terms of the license

A. A facility or agency shall operate within the terms of its license, which are:

The operating name of the facility or agency;
The name of the individual, partnership, association, corporation, limited liability company, or public entity sponsoring the facility or agency;
The physical location of the facility or agency;
The maximum number of children or adults who may be in care at any time;
The period of time for which the license is effective;
For child welfare agencies, the age range of children for whom care may be provided; and
Any other limitations that the department may prescribe within the context of the regulations for any facility or agency.

B. The provisional license cites the standards with which the licensee is not in compliance.

C. The conditional license cites the standards with which the licensee must demonstrate compliance when operation begins, and also any standards with which the licensee is not in compliance.

D. Prior to changes in operation that would affect the terms of the license, the licensee shall secure a modification to the terms of the license from the department. (See 22VAC40-80-190.)

E. Certain documents related to the terms of the license are required to be posted on the premises of each facility. These are:

The most recently issued license. Any provisional license shall be posted at each public entrance of the facility and a notice shall be prominently displayed next to the license that states that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility's website, if applicable;
The findings of the most recent inspection of the facility;
Notice of the commissioner's intent to revoke or deny renewal of the license of an assisted living facility. Such notice will be provided by the department and shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations.
A copy of any final order of summary suspension of all or part of a license for an assisted living facility, a child welfare agency, and an assisted living facility operated by an agency of the Commonwealth, or child welfare agency operated by an agency of the Commonwealth shall be prominently displayed by the provider at each public entrance of the facility, or the provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed.
Notice of the commissioner's intent to take any of the actions enumerated in subdivisions B 1 through B 7 of § 63.2-1709.2 of the Code of Virginia. Such notice will be provided by the department, and a copy of the notice shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations.
A copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations.
Any other documents required by the commissioner.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 3.7, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 23, Issue 6, eff. December 28, 2006; Volume 36, Issue 2, eff. October 17, 2019; Volume 38, Issue 2, eff. October 13, 2021.

Part IV The Licensing Process

22VAC40-80-130 Provider support services

A. The programmatic regulations require both general and specific training in various subject areas. The department provides preapplication consultation, ongoing technical assistance and consultation, and formal training sessions. The department's licensing representatives will provide assistance to any person seeking information about obtaining a license and information about initial and ongoing training requirements.

B. Applicants for licensure shall complete a prelicensure orientation program that focuses on health and safety standards, and residents' rights where applicable, offered through or approved by the department. The commissioner may, at the commissioner's discretion, waive the orientation requirement or issue a license conditioned upon the owner's or administrator's completion of the required training.

EXCEPTIONS: The following persons are exempt from the requirements of prelicensure training:

An applicant who has previously owned or managed a facility in satisfactory compliance with regulations; and
Applicants for adult day centers and child welfare agencies if notified by the department that such training is unavailable.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-140 The initial application

A. Upon request, the department will provide an application form for a license to operate a facility or agency. There are a number of licensing offices located throughout the state.

B. The department will consider an application complete when the application fee and all the required information is submitted in the form required by the department. The schedule of fees for licenses is provided in 22VAC40-160, Fee Requirements for Processing Applications. If the department finds the application incomplete, the applicant will be notified in writing within 15 days of receipt of the incomplete application. If the applicant does not resubmit a complete application within 30 days from the notification, all materials except the nonrefundable fee will be returned to the applicant.

C. The applicant shall complete and submit the application to the department at least 60 days prior to a planned opening date to allow the department time to act on the application.

D. The applicant may withdraw a request for a license.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-150 Approval of buildings and functional design features

A valid certificate of occupancy is one prerequisite for licensure. When an application is for licensure of a building that has not previously been used for the type of license or use group being sought, or when renovations are made in the building, the department must approve functional design features of the building in accordance with applicable department regulations. The procedures are as follows:

Prior to beginning construction or renovation, the applicant or prospective applicant shall submit to the department floor plans that clearly indicate the use of space and other plans for compliance with all requirements for the building and physical environment contained in the applicable regulations.

(NOTE: Applicants and prospective applicants are urged to present their plans for compliance with departmental regulations to the department as early as possible and before entering into contracts in order to assure that the building can be preapproved as meeting the department's regulations. Architects, contractors, or building officials may not be thoroughly familiar with these functional design requirements, and costly errors can be avoided through early review by the department.)

The department will notify the applicant or prospective applicant within 10 working days of receipt if the plans to comply are incomplete, identifying the information still needed before the request can be considered complete.
When a complete plan is received, the department will issue within 20 days a Preliminary Approval Statement or a letter indicating disapproval of the plan and the reasons for disapproval.

(NOTE: A Preliminary Approval Statement does not imply that the department will approve the application for licensure since other factors will affect issuance decisions.)

All Preliminary Approval Statements are conditional upon there being no change in the proposal or the circumstances affecting them and upon approval of all required fire, health, or building officials.
The department will forward a copy of the Preliminary Approval Statement to the appropriate building official.
After construction or renovation, department staff will make an on-site inspection to evaluate compliance with the functional design requirements of the applicable regulations. Findings of this on-site inspection will be forwarded to the applicant and the local building official.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-160 Investigation

A. Upon receipt of the application the commissioner shall:

Cause an investigation to be made of the activities, services, and facilities of the applicant, and of his character and reputation;
If the applicant is an association, partnership, limited liability company, or corporation, cause an investigation of the character and reputation of its officers and agents; and
Upon receipt of the initial application, cause an investigation of the applicant's financial responsibility.

B. At the time of the initial application and annually thereafter, the applicant or licensee shall be responsible for obtaining inspection reports from appropriate fire and health agencies to determine compliance with applicable regulations.

This subsection does not apply to child placing agencies.

All buildings shall be inspected and approved by the local building official when required. This approval shall be documented by a Certificate of Use and Occupancy indicating that the building is classified for its proposed licensed purpose.
At the time of the initial application and at least annually thereafter, the applicant or licensee shall obtain an inspection report from state or local fire authorities, as applicable, to determine compliance of the building or buildings with the Virginia Statewide Fire Prevention Code.
At the time of the initial application and at least annually thereafter, the applicant or licensee shall obtain an inspection report from state or local health authorities that shall include approval of general sanitation and, if applicable, water supply, sewage disposal systems, and food service operations for the building or buildings in which the facility is operated.

C. The department's representative will make an on-site inspection of the proposed facility or agency and an investigation of the proposed services, as well as an investigation of the character, reputation, and financial responsibility of the applicant. Compliance with all standards will be determined by the Department of Social Services. The licensee is responsible for correcting any areas of noncompliance found during any on-site inspection.

NOTE: See 22VAC40-90 or 22VAC40-191, as applicable.

D. The applicant or licensee shall at all times afford the department's representative reasonable opportunity to inspect all of the facility's or agency's buildings, books, and records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

At the time of the initial application, the financial records of an applicant shall not be subject to inspection if the applicant submits an operating budget and at least one credit reference.

E. The applicant or licensee shall also allow the department's representative to interview the facility's or agency's agents, employees, residents, participants, and any person under its custody, control, direction, or supervision. Interviews with residents, participants, and any person under the facility's or agency's custody, control, direction, or supervision shall be:

Authorized by the person to be interviewed or his legally authorized representative; and
Limited to discussion of issues related to the applicant's or licensee's compliance with applicable laws and regulations, including ascertaining if assessments and reassessments of residents' cognitive and physical needs are performed as required under regulations for licensure of the facility or agency.

F. After the on-site inspection the licensing representative will discuss the findings of the investigation with the administrator, licensee or designee. As applicable, the applicant shall submit an acceptable plan for correcting any areas of noncompliance following these discussions.

G. At any time during the investigation, an applicant or licensee may request an allowable variance to any standard that creates a special hardship. (See Part V (22VAC40-80-230 et seq.) of this chapter Allowable Variances.)

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 27, Issue 10, eff. February 16, 2011; Volume 29, Issue 21, eff. July 17, 2013; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-170 Notice to the applicant of issuance or denial of a license

A. When the investigation is completed, the department will notify the applicant of its decision regarding the issuance of a license.

B. When the department intends to deny the license, the department will send a letter stating the reasons for this action and the applicant's right to appeal the decision. (See Part VIII (22VAC40-80-330 et seq.) of this chapter.)

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.5, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-180 Determination of continued compliance (renewal and monitoring inspections)

A. In order to determine continued compliance with standards during the effective dates of the license, the department's licensing representative will make announced and unannounced inspections of the facility or agency during the hours of its operation. The licensee is responsible for correcting any areas of noncompliance found during renewal or monitoring inspections.

B. All licensed child welfare agencies shall be inspected at least twice a year. At least one unannounced inspection of each licensed facility shall be made each year.

C. Adult day centers issued a license for a period of six months shall be inspected at least two times during the six-month period, and at least one of those inspections shall be unannounced. Adult day centers issued a license for a period of one year shall be inspected at least three times each year, and at least two of those inspections shall be unannounced. Adult day centers issued a license for a period of two years shall be inspected at least two times each year, and at least one of those inspections shall be unannounced. Adult day centers issued a license for a period of three years shall be inspected at least one time each year, and that inspection shall be unannounced.

D. Assisted living facilities issued a license for a period of six months shall be inspected at least two times during the six-month period, and at least one of those inspections shall be unannounced.

E. Assisted living facilities issued a license for a period of one, two, or three years shall be:

Inspected at least once each year, and that inspection shall be unannounced; and
Inspected as needed based on compliance with applicable laws and regulations.

F. The department's representative may also make such inspections of any homes or facilities that are approved by the licensee for the placement or care of children as one of the licensed services of the agency.

G. For any licensed assisted living facility, adult day center, or child welfare agency, the department may conduct such other announced or unannounced inspections as are considered appropriate.

NOTE: When necessary to respond to excessive workloads or to give priority to higher risk situations, the department may use its discretion to increase or decrease the frequency of announced and unannounced inspections made to licensed facilities during the year.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.6, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 27, Issue 10, eff. February 16, 2011; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-190 Modification

A. The licensee may request a modification of the terms of a license at any time during the period of the license. The request must be submitted in writing to the department's representative.

The department will evaluate written information about any planned changes in operation that would affect either the terms of the license or the continuing eligibility for a license. A licensing representative may inspect the facility during the process of evaluating a proposed modification.

Examples of such changes are: changes in the number of children or adults to be served, staff responsibilities, availability and use of the physical plant, and changes in program focus or needs of the population to be served.

B. If a modification can be granted under the standards, the department will issue a modified license reflecting the changes. In the event that a new application is needed or the modification cannot be granted, the licensee will be advised by letter.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.7, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-200 Early compliance

A. A provisional or conditional license may be voided and a regular license issued when all of the following conditions exist:

The facility or agency complies with all standards listed on the face of the provisional or conditional license prior to the mid-point of the licensure period or within 90 days of the expiration date of the provisional or conditional license, whichever comes first, and the facility or agency is in substantial compliance with all other standards.
Compliance has been verified by an on-site observation by the department's licensing representative or, when applicable, by written evidence provided by the licensee.
All other terms of the license remain the same.

B. The licensee shall make a written request to the licensing representative for replacement of a provisional or conditional license with a regular license.

C. When the request is approved by the department, the effective date of the new regular license will be the same as the beginning date of the voided license. When the request is not approved, the reasons for this action will be confirmed to the licensee in writing.

D. Early compliance shall not be considered once the facility or agency has filed a renewal application.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.8, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-210 Renewal process

A. The department will send an application for renewal of the license to the licensee prior to the expiration date of the current license. The licensee shall submit the completed application form, including all attachments and the licensing application fee, in a timely manner to assure adequate time for processing by the department. In order for the application to be considered complete, the licensee must have paid any outstanding civil penalty assessed in a case decision.

B. The department will not process a renewal application that is not complete or when the current license is being denied or revoked in accordance with the provisions of the Administrative Process Act.

C. Should a current license expire before a new license is issued, the current license shall remain in effect provided that a complete application was filed prior to expiration of the current license and a decision for licensure is pending.

D. The department will follow the procedure for investigation and notice to the applicant previously outlined in 22VAC40-80-160, 22VAC40-80-170, and 22VAC40-80-180.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 4.9, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-220 (Repealed.)

Historical Notes

Derived from VR615-30-01 § 5.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; repealed, Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

Part V Allowable Variances

22VAC40-80-230 Conditions for initiating a request

A licensee or applicant may request an allowable variance when he believes that the existing standard or requirement poses a substantial financial or programmatic hardship and when he believes that either an alternative method of compliance with the intent of the standard that is causing the hardship, or the actual suspension of all or part of that standard, would neither endanger the safety or well-being of persons in care nor create a violation of statutes or of the requirements of another regulatory agency.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 5.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-240 Process

A. The licensee or applicant shall make a written request for consideration of an allowable variance. The department's licensing representative may provide consultation to the applicant or licensee in the development of the written request and throughout the allowable variance process.

The licensee or applicant shall describe the special hardship to the existing program or to a planned innovative or pilot program that will be caused by the enforcement of the requirement or requirements.
The licensee or applicant shall propose alternatives to meet the purpose of the requirement that will ensure the protection and well-being of persons in care.
The licensee or applicant shall obtain, when requested by the department, the opinions of professionals in the field or documented research, or both, that the proposed activities, facilities, or equipment are not injurious to persons in care.
The department can authorize allowable variances only to its own licensing standards, not to regulations of another agency or to any requirement in federal, state, or local laws.

B. The department's licensing representative will notify the petitioning applicant or licensee of the department's decision.

C. Approval.

The department may attach conditions to the granting of the allowable variance in order to protect persons in care.
Allowable variances are conditional upon there being no change in the circumstances that were the basis for the approval. Any allowable variance may be rescinded or modified if needs or conditions change; additional information becomes known that alters the basis for the original decision; the applicant or licensee fails to meet any conditions attached to the allowable variance; or results of the allowable variance jeopardize the safety, comfort, or well-being of persons in care.
Allowable variances expire automatically when there is a change in the facility's location or a change in the sponsorship of the facility or agency.

Allowable variances issued to private child placing agencies are transferable when agencies change location.

The department's licensing representative will review each allowable variance at least annually. At minimum, this review shall address the impact of the allowable variance on persons in care, adherence to any conditions attached, and the continuing need for the allowable variance.

D. Denial.

When the decision is to deny a request for an allowable variance, the reason will be provided in writing to the applicant or licensee.
When a request for an allowable variance is denied, it may be reconsidered if the applicant or licensee submits another written request and provides new or additional supporting information within 30 days of denial.

NOTE: After the 30-day period, the applicant or licensee may submit a new allowable variance request describing changed conditions.

The department will reconsider the new request and the additional information and will notify the applicant or licensee of the decision within 30 days of receipt of the second request. This decision will be considered final and is not appealable.

E. When an allowable variance is denied, expires, or is rescinded, routine enforcement of the standard or portion of the standard shall be resumed.

F. The applicant or licensee may at any time withdraw a request for an allowable variance.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 5.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 38, Issue 2, eff. October 13, 2021.

Part VI Problem Solving Conferences

22VAC40-80-250 Initiating a request for a problem solving conference

When an applicant or licensee has concerns about licensing procedures, interpretation of standards, or the actions of licensing personnel that cannot be resolved satisfactorily in discussion with the assigned licensing representative, the problem solving steps outlined below are available.

Licensing staff may also initiate a request for problem solving conferences with applicants or licensees when the need arises.

History

Statutory Authority: §§ 63.2-1732, 63.2-1734, 63.2-1802 and 63.2-1803 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 6.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995.

22VAC40-80-260 First step review

A. The applicant or licensee may request either a desk review by, or a meeting with, the assigned licensing representative's immediate supervisor.

B. If the request stems from a desire to contest the findings or conclusions of an inspection, the following procedures shall apply:

The applicant or licensee shall make the request within 15 days of receiving the compliance plan.
The request shall specify the contested finding or conclusion and shall specify whether a desk review or conference is being requested.
The request shall include the applicant's or licensee's reasons or other evidence supporting the request for a review or a conference.

C. The first step informal desk review or conference will be held at the supervisor's office unless the supervisor designates a different location. The following procedures shall apply:

The supervisor will report the findings of a desk review in writing within 10 days of receiving the request and supporting materials or will hold the requested conference within 30 days of receipt of such request and materials.
When the request is for a conference, the supervisor will, within 10 days following the conference, confirm to the applicant or licensee in writing the results of the conference and any subsequent decisions made by the supervisor.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 6.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-270 Second step review

A. If after the first step review, the applicant or licensee believes that the laws, regulations, or departmental policies have been applied or interpreted in a manner that was unreasonable, arbitrary or capricious, he may request a second step review by program supervisory personnel as assigned by the Director of Licensing Programs according to the provisions of this section.

B. A second step review shall not be requested to challenge the content of an established law, regulation, or policy. However, the application of a law, regulation, or policy may be challenged.

C. When a second step review is requested, the request must be in writing.

D. The second step review request shall:

Be made within 15 days of the date of the first step response;
Specify the reason for requesting the second step informal review and include such information, explanation, or additional materials as necessary to support the applicant's or licensee's belief that the decision reached at the first step was unreasonable, arbitrary, or capricious; and
Include a copy of relevant materials and correspondence developed at the first step of the informal appeal process.

E. Within 30 days of receipt of this request, the director's office will respond in writing with the results of the desk review or schedule a conference.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 6.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-280 Enforcement of disputed regulation

Nothing in this part shall prohibit the department from exercising its responsibility and authority to enforce the disputed regulation during the problem solving process, including proceeding directly to imposition of administrative sanctions, or recommending petitions for injunction when, in the judgment of the Director, Division of Licensing Programs, there is sufficient risk to persons in care to do so whether or not the steps available in the problem solving process have been exhausted.

History

Statutory Authority: §§ 63.2-1732, 63.2-1734, 63.2-1802 and 63.2-1803 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 6.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995.

Part VII Complaint Investigation

22VAC40-80-290 Receipt of complaints

Complaints may be received in written or oral form and may be anonymous. The department maintains a toll-free telephone line to receive complaints on all licensed facilities.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 7.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-300 Investigation of complaints

The department has the responsibility to investigate any complaints regarding alleged violations of the standards or statutes and complaints of the abuse and neglect of persons in care.

NOTE: In an investigation involving suspected adult or child abuse, neglect, or exploitation in a licensed facility, the investigation will be conducted jointly with the local department of social services whenever possible in accordance with departmental policy.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 7.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-310 Notification of findings

When the investigation is completed, the licensee will be notified of the findings of the investigation. Any necessary corrective action will be identified.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 7.3, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-320 Licensee's responsibility

The licensee is responsible for correcting any areas of noncompliance found during a complaint investigation.

History

Statutory Authority: §§ 63.2-1732, 63.2-1734, 63.2-1802 and 63.2-1803 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 7.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995.

Part VIII Sanctions

22VAC40-80-330 Violation of standards or statutes

A. The Commissioner of the Department of Social Services may impose such sanctions or take such actions as are appropriate for violation of any of the standards or statutes or for abuse or neglect of persons in care.

B. The following reasons may be considered by the department for the imposition of administrative sanctions:

Failure to demonstrate or maintain compliance with applicable standards or for violations of the provisions of the Code of Virginia;
Permitting, aiding or abetting the commission of any illegal act in the licensed facility or agency;
Engaging in conduct or practices that are in violation of statutes and standards relating to abuse, neglect, or exploitation of children or adults; or
Deviating significantly from the program or services for which a license was issued without obtaining prior written approval from the department, or failure to correct such deviations within a specified time.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 8.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-340 Administrative sanctions

The commissioner may impose administrative sanctions or initiate court proceedings, severally or jointly, when appropriate in order to ensure prompt correction of violations involving noncompliance with state law or regulation in assisted living facilities, adult day centers, and child welfare agencies as discovered through any inspection or investigation conducted by the Department of Social Services, the Virginia Department of Health, the Virginia Department of Behavioral Health and Developmental Services, or by state and local building or fire prevention officials. These administrative sanctions include:

Petitioning the court to appoint a receiver for any assisted living facility or adult day center;
Revoking or denying renewal of a license for any assisted living facility or adult day center that fails to comply with the limitations and standards set forth in its license for a violation that adversely affects, or is an immediate and substantial threat to, the health, safety, or welfare of residents, or for permitting, aiding, or abetting the commission of any illegal act in an adult care facility;
Revoking or denying renewal of a license for any child welfare agency that fails to comply with the limitations and standards set forth in its license;
Requiring an assisted living facility to contract with an individual licensed by the Board of Long-Term Care Administrators to administer, manage, or operate the facility on an interim basis if the commissioner receives information from any source indicating immediate and substantial risk of harm to residents. This action shall be an attempt to bring the facility into compliance with all relevant requirements of law, regulation, or any plan of correction approved by the commissioner. The contract shall be negotiated in accordance with the provisions of § 63.2-1709 of the Code of Virginia;
Issuing a notice of summary suspension of the license to operate an assisted living facility pursuant to proceedings set forth in § 63.2-1709 C of the Code of Virginia or pursuant to proceedings set forth in § 63.2-1710.1 of the Code of Virginia for assisted living facilities operated by agencies of the Commonwealth in conjunction with any proceedings for revocation, denial, or other action when conditions or practices exist that pose an immediate and substantial threat to the health, safety, and welfare of residents;
Issuing a notice of summary suspension of the license to operate a child welfare agency pursuant to proceedings set forth in § 63.2-1709.1 C of the Code of Virginia or pursuant to proceedings set forth in § 63.2-1710.1 for child welfare agencies operated by an agency of the Commonwealth in conjunction with any proceedings for revocation, denial, or other action, when conditions or practices exist in the child welfare agency that pose an immediate and substantial threat to the health, safety, and welfare of children receiving care; and
Imposing administrative sanctions through the issuance of a special order as provided in § 63.2-1709.2 of the Code of Virginia. These include:

a. Placing a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of the license and that the health and safety of residents, participants, or children are at risk;

b. Reducing the licensed capacity or prohibiting new admissions when the commissioner has determined that the licensee cannot make necessary corrections to achieve compliance with the regulations except by a temporary restriction of its scope of service;

c. Mandating training for the licensee or licensee's employees, with any costs to be borne by the licensee, when the commissioner has determined that the lack of such training has led directly to violations of regulations;

d. Assessing civil penalties of not more than $500 per inspection upon finding that the licensee of an adult day center or child welfare agency is substantially out of compliance with the terms of its license and the health and safety of residents, participants, or children are at risk;

e. Assessing a civil penalty for each day an assisted living facility is or was out of compliance with the terms of its license and the health, safety, and welfare of residents are at risk. The aggregate amount of such civil penalties shall not exceed $10,000 in any 12-month period. Criteria for imposition of civil penalties and amounts, expressed in ranges, are developed by the board and are based upon the severity, pervasiveness, duration, and degree of risk to the health, safety, or welfare of residents. Such civil penalties shall be applied by the commissioner in a consistent manner;

f. Requiring licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and

g. Preventing licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 8.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 23, Issue 6, eff. December 28, 2006; Volume 34, Issue 2, eff. October 19, 2017; Volume 36, Issue 2, eff. October 17, 2019; Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-345 Summary suspension procedures

A. In conjunction with any proceeding for revocation, denial, or other action when conditions or practices exist that pose an immediate and substantial threat to the health, safety, and welfare of the residents, the commissioner may issue a notice of summary suspension of the license to operate an assisted living facility or a child welfare agency or of certain authority of the licensee to provide certain services or perform certain functions.

B. The hearing coordinator will select a hearing officer from a list prepared by the Executive Secretary of the Supreme Court of Virginia and will schedule the time, date, and location of the hearing to determine whether the suspension is appropriate as required by § 63.2-1709 C or 63.2-1709.1 C of the Code of Virginia.

C. Simultaneously with the issuance of a notice of revocation, denial or other action, the commissioner will issue to the licensee a notice of summary suspension setting forth the following:

The procedures for the summary suspension;
The hearing and appeal rights as set forth in this subsection;
Facts and evidence that formed the basis for which the summary order of suspension is sought; and
The time, date, and location of the hearing.

D. Notice of the summary suspension shall be served on the licensee or his designee by personal service or by certified mail, return receipt requested, to the address of record of the licensee as soon as practicable after issuance thereof.

E. The hearing shall take place in the locality where the assisted living facility or child welfare agency operates unless the licensee or his designee expressly waives this venue provision.

The hearing shall be held no later than 15 business days after service of notice on the licensee. The hearing officer may grant a continuance upon written request and for good cause shown. In no event shall any continuance exceed 10 business days after the initial hearing date.
The hearing coordinator will forward a copy of the relevant licensing standards to the hearing officer.
The hearing will be conducted in accordance with the procedures set forth in 22VAC40-80-480, 22VAC40-80-490, and 22VAC40-80-500.
The department may be represented either by counsel or by agency staff authorized by § 2.2-509 of the Code of Virginia.

F. Within 10 days of the conclusion of the hearing, the hearing officer shall provide to the commissioner written findings and conclusions, together with a recommendation as to whether the license should be summarily suspended. The department shall have the burden of proof in any summary suspension hearing. The decision of the hearing officer shall be based on the preponderance of the evidence presented by the record and relevant to the basic law under which the agency is operating.

G. Within 10 business days of receipt of the hearing officer's findings, conclusions, and recommendation, the commissioner may issue a final order of summary suspension or an order that such summary suspension is not warranted by the facts and circumstances presented.

H. In issuing a final order of summary suspension, the commissioner may:

Suspend the license of the assisted living facility or child welfare agency; or
Suspend only certain authority of the assisted living facility or child welfare agency to provide certain services or perform certain functions that the commissioner determines should be restricted or modified in order to protect the health, safety, and welfare of the individuals receiving care.

I. The commissioner shall adopt the hearing officer's recommended decision unless to do so would be an error of law or department policy.

J. In the event the commissioner rejects a hearing officer's findings, conclusions, or recommended decision, the commissioner shall state with particularity the basis for rejection.

K. A copy of any final order of summary suspension shall be prominently displayed at each public entrance of the facility as required in 22VAC40-80-120.

L. The signed, original case decision shall remain in the custody of the agency as a public record, subject to the agency's records retention policy.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 6, eff. December 28, 2006; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-80-350 (Repealed.)

Historical Notes

Derived from VR615-30-01 §§ 8.3, 8.4, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; repealed, Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-370 Appeal process

A. The applicant or licensee will receive a notice of the department's intent to impose an administrative sanction. This notice will describe the sanctions and the reasons for the imposition. Service of the notice of adverse action is achieved by certified mailing of the notice to the applicant or licensee, unless service is made by other means and acknowledged by the applicant or licensee. If the applicant or licensee wishes to appeal the notice of adverse action, he shall have 15 days after receipt of the notice to note his appeal.

B. Upon receipt of the notice to impose an administrative sanction, the applicant or licensee has the right to appeal the decision in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The procedures for filing an appeal will be outlined in the notice. The applicant or licensee shall submit any appeal of imposition of an administrative sanction in writing within 15 days of receipt of the notice.

C. If the applicant or licensee fails to appeal the notice of adverse action within 15 days of receipt of the notice, the final order will be entered. The decision will take effect 30 days after receipt of the notice.

D. The appeal process available is governed by law. Where the sanction is imposed by means of a special order as provided in § 63.2-1709.2 of the Code of Virginia, the case decision is issued by the commissioner following findings and conclusions resulting from the informal conference. Other sanctions include a provision for an administrative hearing, which is described in § 2.2-4020 of the Code of Virginia, prior to the issuance of the case decision. For ease of reference, the process steps are displayed in the following chart:

| List of Sanctions with Appeal Provisions | | | | | --- | --- | --- | --- | | | Informal Conference | Administrative Hearing | Circuit Court Review of Case Decision | | ADMINISTRATIVE SANCTION | | | | | Place licensee on probation | X | | X | | Reduce licensed capacity | X | | X | | Restrict admissions | X | | X | | Mandate training for licensee or staff | X | | X | | Assess civil penalty | X | | X | | Require written contact with responsible persons | X | | X | | Prevent receipt of public funds | X | | X | | Deny application for new or renewal license | X | X | X | | Revoke license | X | X | X | | File petition for appointment of a receiver | | | X | | Require assisted living facility to contract with administrator | X | X | X |

E. A final order of summary suspension for an assisted living facility or child welfare agency not operated by an agency of the Commonwealth shall include notice that the licensee may appeal the commissioner's decision to the appropriate circuit court no later than 10 days following service of the order.

The sole issue before the court shall be whether the commissioner had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceedings.
The concurrent revocation, denial, or other proceedings shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-30-01 § 8.5, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; Volume 20, Issue 24, eff. November 1, 2004; Volume 23, Issue 6, eff. December 28, 2006; Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-80-375 Failure to pay civil penalty

22VAC40-80-375. Failure to pay civil penalty.

A. If an outstanding civil penalty assessed after a case decision is not paid as required, the commissioner shall have the authority to:

Assess a late fee if the civil penalty payment is 60 days overdue, provided the total of the civil penalty and late fee do not exceed the penalty set forth in § 63.2-1709.2 of the Code of Virginia;
Reduce the duration of the licensure period if the civil penalty payment is 60 days overdue; and
Deny renewal or revoke the license if the civil penalty payment is 90 days overdue.

B. The department will also institute legal collection procedures to collect unpaid penalties.

C. If a licensee appeals the imposition of a civil penalty, the provisions of this section shall not apply until the appeal is complete.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-80-380 (Repealed.)

Historical Notes

Derived from VR615-30-01 § 8.6, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1992; Volume 11, Issue 3, eff. January 1, 1995; repealed, Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

Part IX Hearings Procedures

22VAC40-80-390 Scope

The appeal process as set forth in this part shall apply whenever the Department of Social Services takes adverse action on a license for an assisted living facility, adult day center or child welfare agency. Therefore, whenever the department either revokes or refuses to issue or renew a license or imposes any other sanction for an assisted living facility, adult day center, or child welfare agency, the procedures specified in this part to produce a case decision shall be initiated.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.

22VAC40-80-400 Statutory basis for appeal process

The Department of Social Services is mandated by statute to enforce the standards adopted by the State Board of Social Services pursuant to §§ 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia, regarding facilities required to be licensed under Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of Virginia. As part of this enforcement duty, §§ 63.2-1709 D and 63.2-1710 of the Code of Virginia require that the procedures under the Administrative Process Act (§ 2.2-4000 et seq., of the Code of Virginia) shall apply whenever the department takes adverse action.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004; amended, Virginia Register Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-410 Duties of the hearing coordinator

The hearing coordinator is the person designated by the Department of Social Services to perform certain administrative functions involved in setting up and carrying out the appeal process. The hearing coordinator's duties include, but are not limited to, the following:

Making a request to the Supreme Court for a hearing officer upon timely request for a formal administrative hearing.
Scheduling the date, time and location for the hearing.
Ensuring that a court reporter has been hired to record the hearing.
Preparing appropriate material for distribution to all participants. This includes the appointment of the hearing officer, preparing the notice of the hearing, and preparing the forms for the hearing officer to subpoena witnesses. It also includes submission of documents in the record, appropriate standards and any other pertinent information to all participants.
Monitoring the status of proceedings and the observance of timeframes throughout the appeal process.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-420 Informal conference

A. Section 2.2-4019 of the Code of Virginia provides the aggrieved party the right to request an informal conference. In the case of administrative sanctions that include a provision for an administrative hearing, the named party and the agency may consent to waive such a conference to go directly to the hearing.

B. The informal conference is a fact-finding process. The purpose of an informal conference is to give the aggrieved party an opportunity to present information or evidence he believes indicates that the intended sanction was based on factual error or on misinterpretation of facts, or to determine if the dispute may be resolved by consent. The department will decide if the conference will be open to the public.

C. If the aggrieved party presents exhibits or other documents that contain facts previously unknown to the conference chair, the conference chair may determine that the new information requires verification. Upon making such a determination, the conference chair shall notify the aggrieved party that the information needs to be verified. The report on the informal conference shall be held open for 14 days to allow for the verification of the exhibits or other documents. The conference chair has the option to require the aggrieved party to provide such verification.

D. If the aggrieved party believes the matter can be resolved by consent, a written proposal must be submitted to the department-appointed chair of the conference no later than five work days prior to the conference unless different arrangements are agreed upon with the chair. In no case may a proposed consent agreement be submitted later than the day of the conference.

E. Following the informal conference, the chair will prepare a written report and recommended decision to the department that will include statutory authority or legal basis for the remaining steps in the administrative appeals process; a summary of the conference; the previous disposition as set out in the notice of adverse action, i.e., those issues on appeal; the findings of fact; the description of evidence; and the recommended decision or options. Within 90 days from the date of the informal conference, or from a later date agreed to by the aggrieved party and the agency, the department will issue its official decision in writing to the aggrieved party, including information concerning the named party's right to continue his appeal. The written report prepared by the chair will be attached to the letter and will be incorporated by reference.

F. When an informal conference is conducted following notification of an intent to issue a special order, the issuance of the special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. Service of the decision following the informal conference shall be achieved by mailing the decision to the licensee, unless service is made by other means and acknowledged in writing by the licensee. If the licensee wishes to appeal the decision, he shall have 30 days after service of the notice to make such a request. If service is accomplished by mail, three days shall be added to the 30-day period. Any appeal following an informal conference related to special orders shall be made to the circuit court. All other appeals shall follow procedures set forth in the Administrative Process Act.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-430 Consent agreements

A. A consent agreement may be proposed by a licensee in lieu of adverse action. The proposed consent agreement shall be submitted no later than five work days prior to the conference unless different arrangements are agreed upon with the chair. In no case may a proposed consent agreement be submitted later than the day of the informal conference.

B. An acceptable consent agreement shall contain the following specific elements:

Dates of key actions, such as letter of sanction, timely appeal, the informal conference (if already held), and the names of the parties;
The assertion that all violations detailed in the letter of denial or revocation have been corrected or will be corrected by a time specified in the proposed agreement;
A description in detail of the case-specific systemic solution proposed that addresses the causes of the past history of violations, including the methods the licensee has in place to prevent violations and to monitor results;
A stipulation by the licensee to the validity of the violations enumerated in the specified correspondence and waiver of right to hearing under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) solely with respect to those violations.
The duration of the consent agreement, including the information that the period begins when the division director signs;
A statement that when the division director signs the agreement, signifying final acceptance, the division director is also agreeing to rescind the outstanding adverse action and that the licensee is agreeing to withdraw all appeals to that action; and
A statement outlining conditions for termination of the final agreement for cause and the nature of the licensee's appeal rights in that event.

C. Throughout the duration of the consent agreement, licensing staff will make frequent inspections to determine whether the terms of the consent agreement are being implemented and whether its intended results are being achieved.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004; amended, Virginia Register Volume 23, Issue 6, eff. December 28, 2006; Volume 38, Issue 2, eff. October 13, 2021.

22VAC40-80-440 Acknowledgment of request for an administrative hearing

Upon receipt of the written request from the aggrieved party for an administrative hearing pursuant to §§ 2.2-4020 and 2.2-4021 of the Code of Virginia, a hearing will be scheduled in the locality where the aggrieved party operates unless he expressly waives this venue provision (§ 8.01-261 of the Code of Virginia). The hearing coordinator will request appointment of a hearing officer from the list of qualified attorneys kept by the Supreme Court of Virginia. After a hearing officer is appointed and duly designated by the commissioner, a notice of hearing will be sent to the aggrieved party with a copy to the agency representative for the case. The department may be represented either by counsel or by agency staff authorized by § 2.2-509 of the Code of Virginia. After the hearing officer is appointed, the hearing coordinator will forward a copy of the relevant licensing standards and appeal procedures to the hearing officer. The hearing coordinator will not be directly involved in any investigation or litigation function in connection with the case.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-450 Continuances

A request for continuance shall be made to the hearing officer at least five days prior to the time designated for the hearing, except in cases of emergency. No continuance of an administrative hearing shall be granted except at the discretion of the hearing officer, for good cause shown and with due consideration of the potential risks to residents, participants or children in the facility from extended exposure to conditions detailed in the agency's revocation or denial letter. All parties involved in a hearing shall avoid delay caused by unnecessary postponements or continuances so that a decision can be made expeditiously.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-460 Recesses and postponements

The hearing officer has authority to grant recesses and postponements where necessary for the convenience and comfort of the parties, witnesses, and the court reporter.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-470 Prehearing conferences

The hearing officer has the statutory power to hold conferences for the settlement or simplification of issues by the parties. The hearing officer may hold a prehearing conference for the stipulation of certain facts or for any other purposes that might be accomplished by such a preliminary process. It may be useful for the hearing officer to direct the parties to submit to him and exchange in advance of the conference: proposed statements of issues, proposed stipulations, requests for information, statements of position, proposed procedural data, and the exchange of exhibits. The notice for such a prehearing conference must be established by the hearing officer as to the date, time and place for such conference. It will not be necessary to provide a verbatim reporting of the prehearing conference. A report summarizing the results of this conference must be prepared, consisting of a list of appearances, agreements reached, the hearing officer's rulings, and other matters decided. A copy of this report shall be provided to all persons who entered appearances, which shall become part of the agency record.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-480 Conduct of hearing

A. To initiate the proceedings, the hearing officer will call the hearing to order and make a brief statement giving the name of the proceeding, its case number, the names of all persons present and involved in the proceeding, and other appropriate introductory remarks such as the general rules of decorum and conduct. The parties shall be entitled to be accompanied by and represented by counsel. Before the formal presentation of evidence begins, the parties should be given an opportunity to bring up any preliminary matters or motions. If a hearing officer has questions or issues regarding the procedures in the hearing or his role in conducting the hearing, these questions shall be directed to the hearing coordinator. The parties at administrative hearings have the right to conduct cross-examination to obtain full and fair disclosure of the facts. The hearing officer will decide if the hearing will be open to the public.

B. The following shall be the order of proceedings at all hearings, subject to modification by the hearing officer before such hearing is commenced, for good cause:

Presentation, argument, and disposition of all preliminary matters and motions.
Presentation of opening statements. Such statements are not subject to cross-examination or an opportunity to present argumentative testimony.
Agency representative presents the case, calling witnesses in such order as is seen fit. Each witness should be subject to direct, cross, and redirect examination. Both the counsel for the adverse party and the hearing officer may direct questions to the witness.
The aggrieved party should present its case, using the same guidelines as established in subdivision 3 of this subsection.
Rebuttal evidence by the agency representative should be permitted.
At the close of the presentation of evidence, the parties may exercise their rights pursuant to §§ 2.2-4020 and 2.2-4021 of the Code of Virginia. The parties, on request, shall be given the opportunity for closing argument and may submit for the record, in writing, proposed findings and conclusions.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-490 Rules of evidence

A. The burden of proof shall be upon the proponent. Therefore, if this is a situation where the department has revoked a license or imposed another administrative sanction subject to appeal by administrative hearing, the department is the proponent and has the burden of proof. However, in cases where the department has refused to grant an initial or renewal license, the proponent is the applicant and has the burden of proving that it should be granted a license.

B. The formal rules of evidence shall not apply. The hearing officer shall receive any probative evidence, and should strike, on objection or own motion, evidence that is irrelevant, immaterial, insubstantial, privileged, or repetitive, as required by §§ 2.2-4020 and 2.2-4021 of the Code of Virginia. If a question or answer at hearing is irrelevant, improper, or excludable, the hearing officer may strike it without waiting for an objection.

C. A party to the hearing may conduct examinations or cross examinations without rigid adherence to formal rules of evidence, provided the examination or cross examination does not become abusive or constitute harassment of the witness, and the examination can be shown to be necessary to result in full and fair disclosure of the facts bearing upon matters in issue. The hearing officer may examine all or any of the witnesses at the hearing.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-500 The record at hearing

All testimony in the administrative hearing must be recorded either stenographically or by mechanical means. All documents or other evidence received are also part of the record and must be maintained. In addition, a record must be maintained of all evidence offered but excluded. See Rule 2A: 3 (c) of the Rules of the Supreme Court of Virginia. As a matter of practice, it would be appropriate for the hearing officer to conditionally receive evidence and thereafter, if it is excludable, to avoid considering it in making the decision. In this way, if it is determined on judicial review that the hearing officer erroneously decided that the evidence was excludable, the case can be remanded for reconsideration of the evidence submitted but rejected as exhibits.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

22VAC40-80-510 Recommendations of the hearing officer

A. By statute, the hearing officer shall recommend findings of fact and a decision upon the preponderance of the evidence presented by the record and relevant to the basic law under which the agency is operating (§§ 2.2-4020 and 2.2-4021 of the Code of Virginia.). The recommended decision of the hearing officer shall be made upon consideration and review of the record as a whole or such portions of the record as may be cited by any party to the proceedings. The findings of fact shall be based exclusively on admissible evidence or matters that are officially noticed. The recommendation shall be in writing and shall include specific findings on all the major facts in issue.

B. The hearing officer shall provide a recommendation within 90 days from the date the agency record is closed (that is, the date of the final hearing or the date by which the hearing officer prescribes that all evidence shall be submitted) or from a later date if agreed to by the aggrieved party and the agency (§ 2.2-4024 of the Code of Virginia). If the hearing officer does not render a recommended decision within 90 days, the named party to the case decision may provide written notice to the hearing officer and the Executive Secretary of the Supreme Court that a decision is due. If no recommended decision is made by the hearing officer within 30 days from receipt of the notice, then the Executive Secretary of the Supreme Court, pursuant to § 2.2-4024 of the Code of Virginia, shall remove the hearing officer from the hearing officer list and report the hearing officer to the Virginia State Bar for possible disciplinary action, unless good cause can be shown for the delay.

C. The available remedies offered by the hearing officer shall be to (i) uphold the decision of the department; (ii) recommend reversing the decision; or (iii) recommend issuance of a different sanction as provided in § 63.2-1709.2 B of the Code of Virginia.

D. The findings, conclusions and recommended decision shall be provided to the parties and thereafter either party has 10 days to submit any exceptions in writing to the hearing coordinator for review by the commissioner regarding the recommended decision of the hearing officer. The hearing officer may incorporate the procedure for making exceptions to his recommended decision within the text of his report and recommendation.

E. The hearing officer shall forward the agency record, including the recommendation; all documents submitted by the parties; a listing of all exhibits presented, received and rejected; and the transcript of the hearing to the hearing coordinator.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004; amended, Virginia Register Volume 27, Issue 10, eff. February 16, 2011.

22VAC40-80-520 Case decision

A. The commissioner, after review of the findings of fact and recommended decision of the hearing officer, shall make a case decision and issue an order in the case within 30 days from the date that the commissioner receives the hearing officer's recommendation (§§ 2.2-4020 and 2.2-4021 of the Code of Virginia). The commissioner shall provide notification to the aggrieved party of the decision within 30 days of receipt of the hearing officer's recommendation. If the commissioner does not render a decision within 30 days, the aggrieved party to the case decision may provide a written notice to the commissioner that a decision is due. If no decision is made within 30 days from the commissioner's receipt of the notice, the decision is deemed to be in favor of the aggrieved party. Service of the notice of the commissioner's decision is achieved by mailing the notice of the case decision to the licensee, unless service is made by other means and acknowledged in writing by the licensee. If service is accomplished by mail, three days shall be added to the 30-day period. If the licensee wishes to appeal the decision, he shall have 30 days after service of the notice of case decision to make such request.

B. The signed original case decision shall remain in the custody of the agency as a public record, subject to the agency's records retention policy. The signed originals or facsimiles thereof, together with the full record or file of the case, shall be made available for public inspection or copying except as the agency may, in its discretion under § 2.2-4023 of the Code of Virginia, decide to withhold part or all of the records.

C. The provisions for appealing the commissioner's order in accordance with the Administrative Process Act are found at §§ 2.2-4025 through 2.2-4030 of the Code of Virginia.

D. When issuance or renewal of a license as an adult care facility has been refused by the commissioner, the applicant shall not thereafter for a period of one year apply again for such license. When issuance or renewal of a license for a child welfare agency has been refused by the commissioner, the applicant shall not thereafter for a period of six months apply again for such license.

EXCEPTION: An adult care facility or a child welfare agency may apply again for such license before the end of the applicable specified period if the commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application.

History

Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1733 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. November 1, 2004.

Chapter 90 Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers

Part I Introduction

22VAC40-90-10 Definitions

The following words and terms when used in conjunction with this chapter shall have the following meanings:

"Applicant for licensure" means the entity applying for approval as a licensed assisted living facility. An applicant may be an individual, association, partnership, limited liability company, corporation, or public agency.

"Barrier crimes" means certain crimes that automatically bar individuals convicted of the crime from employment at a licensed assisted living facility or adult day center and that automatically bar licensure of applicants convicted of the crime from assisted living facility licensure, as specified by clause (i) of the definition of "barrier crime" in § 19.2-392.02 of the Code of Virginia and any former felony violation of § 18.2-346 of the Code of Virginia. A licensed assisted living facility or adult day center may hire an applicant or continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect, or any substantially similar offense under the laws of another jurisdiction, if five years have elapsed following the conviction.

"Central Criminal Records Exchange" means the information system containing conviction data of those crimes committed in Virginia, maintained by the Department of State Police, through which the criminal history record request form is processed.

"Criminal history record request" means the Department of State Police form used to authorize the State Police to generate a criminal history record report on an individual.

"Criminal history record report" means either the criminal record clearance or the criminal history record issued by the Central Criminal Records Exchange, Department of State Police. The criminal record clearance provides conviction data only related to barrier crimes; the criminal history record discloses all known conviction data.

"Employee" means compensated personnel working at a facility regardless of role, service, age, function, or duration of employment at the facility. Employee also includes those individuals hired through a contract to provide services for the facility.

"Facility" means an assisted living facility or adult day center subject to licensure by the Department of Social Services.

"Sworn statement or affirmation" means a document to be completed, signed, and submitted for licensure or employment. The document discloses the licensure applicant's or employment applicant's criminal convictions and pending criminal charges that occurred within or outside the Commonwealth. For applicants for licensure as an assisted living facility, the document also discloses whether the applicant has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, as required by §§ 63.2-1720 and 63.2-1721 of the Code of Virginia.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 1.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 19, Issue 22, eff. September 19, 2003; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 28, Issue 23, eff. August 15, 2012; Volume 34, Issue 2, eff. October 19, 2017; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.

22VAC40-90-20 Legal base and applicability

A. Sections 63.2-1702 and 63.2-1721 of the Code of Virginia require all applicants for licensure as assisted living facilities to undergo background checks consisting of a sworn statement or affirmation and criminal history record check. If the applicant is an individual, the individual must undergo a background check. If the applicant is an association, partnership, limited liability company, corporation, or public agency, the officers and agents of the applicant must undergo background checks.

B. Section 63.2-1720 of the Code of Virginia requires all employees of assisted living facilities and adult day centers, as defined by § 63.2-100 of the Code of Virginia, to obtain a criminal history record report from the Department of State Police.

C. Section 63.2-1720 of the Code of Virginia requires all applicants for employment at assisted living facilities and adult day centers to provide the hiring facility with a sworn statement or affirmation.

D. No volunteer shall be permitted to serve in a licensed assisted living facility or licensed adult day center without the permission or under the supervision of a person who has received a clearance pursuant to § 63.2-1720 of the Code of Virginia.

E. Section 63.2-1720 of the Code of Virginia requires all students of a certified nurse aide program operated by an assisted living facility to be notified of and provided a copy of the provisions of Article 3 (§ 63.2-1719 et seq.) of Chapter 17 of Title 63.2 of the Code of Virginia prior to or upon enrollment in the program.

History

Statutory Authority: §§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 1.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.

Part II The Sworn Statement or Affirmation

22VAC40-90-30 Sworn statement or affirmation

A. The applicant for licensure shall complete a sworn statement or affirmation upon application for licensure as an assisted living facility.

B. The sworn statement or affirmation shall be completed for all applicants for employment. A model form is available from the department upon request and on the department's website.

C. Any person making a materially false statement on the sworn statement or affirmation shall be guilty of a Class 1 misdemeanor.

D. Further dissemination of the sworn statement or affirmation information is prohibited other than to the Commissioner of the Department of Social Service's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

History

Statutory Authority: §§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 2.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 41, Issue 22, eff. August 15, 2025.

Part III The Criminal History Record Report

22VAC40-90-40 General requirements

A. The applicant for licensure shall submit a criminal history record report upon application for licensure as an assisted living facility.

B. The criminal history record report shall be obtained within 30 days of employment for each employee.

C. Any person required by this chapter to obtain a criminal history record report shall be ineligible for employment if the report contains convictions of the barrier crimes.

D. If a criminal history record is requested, it shall be the responsibility of the licensee to ensure that the employee has not been convicted of any of the barrier crimes.

E. Criminal history record reports shall be kept confidential in a locked file. Reports on employees shall be received and accessible only by the facility administrator, licensee, board president, or their designee.

F. A criminal history record report issued by the State Police shall not be accepted by the facility if the report is dated more than 90 days prior to the date of employment.

G. Any applicant denied licensure as an assisted living facility or employment at an assisted living facility or adult day center because of convictions appearing on the applicant's criminal history record report shall be provided a copy of the report by the licensing authority or the hiring facility.

H. No facility shall continue to employ any person who has a conviction of any of the barrier crimes.

I. No employee shall be permitted to work in a position that involves direct contact with an assisted living resident or an adult day center participant until a criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this chapter.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 3.1, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 33, Issue 2, eff. October 19, 2016; Volume 40, Issue 24, eff. August 14, 2024; Volume 41, Issue 22, eff. August 15, 2025.

22VAC40-90-50 Validity of criminal history record reports

A. Facility staff shall accept only the original criminal history record report.

B. Facilities using temporary agencies for the provision of substitute staff shall maintain documentation for each substitute staff from the temporary agency verifying that the criminal history record report has been obtained within 30 days of employment, is on file at the temporary agency, and contains no barrier crimes. This documentation shall have the same maintenance and retention requirements of a criminal history record report.

C. A criminal history record report remains valid as long as the employee remains in continuous service at the same facility.

D. When an individual terminates employment at one facility and begins work at another facility, a new criminal history record report and sworn statement or affirmation shall be required.

E. When an employee transfers to a facility owned and operated by the same entity, with a lapse in service of not more than 30 days, a new criminal history record report shall not be required.

History

Statutory Authority: §§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 41, Issue 22, eff. August 15, 2025.

22VAC40-90-60 Maintenance of criminal history record reports

A. Criminal history record reports conforming to the requirements for all employed staff shall be maintained in the files of the facility during the time the individual is employed and for one year after termination of work.

B. Criminal history record reports shall be made available by the facility to the licensing representative.

C. Further dissemination of the criminal history record report information is prohibited other than to a representative of the Commissioner of the Department of Social Services or to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. A licensed adult day center that provides services to individuals receiving services under the state plan for medical assistance or any waiver thereto may disclose to the Department of Medical Assistance Services whether a criminal history background check has been completed for an employee and whether such employee is eligible for employment.

History

Statutory Authority: §§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes: Derived from VR615-37-01 § 3.3, eff. July 1, 1989; amended, Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 21, Issue 18, eff. July 1, 2005; Volume 41, Issue 22, eff. August 15, 2025.

22VAC40-90-70 Issuance of a license

The commissioner shall not issue a license to an assisted living facility if an applicant for licensure required to have a background check has been convicted of a barrier crime as defined in this chapter.

History

Statutory Authority: §§ 63.2-217, 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 18, eff. July 1, 2005; amended, Virginia Register Volume 34, Issue 2, eff. October 19, 2017.

Chapter 100 Minimum Standards for Licensed Child Caring Institutions

Part I General

22VAC40-100-10 Definitions

A. A child caring institution, as provided for in subsection C of § 63.2-1737 of the Code of Virginia, is any facility, other than an institution operated by the state, a county, or a city, and maintained for the purpose of receiving children for full-time care, maintenance, protection, and guidance separated from their parents or guardians except:

A bona fide educational institution or boarding school whose pupils, in the ordinary course of events, return annually to the home of their parents or guardians for not less than two months of summer vacation;
An establishment required to be licensed as a summer camp; and
A bona fide hospital legally maintained as such.

B. A group home is a child caring institution operated by an individual other than in his private family home or by a corporation which does not exceed 12 children, including the group parents' own children.

C. An independent foster home is a private individual foster home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and legitimate children of personal friends of such person and (ii) a home in which are received a child or children committed under the provisions of, subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8 of the Code of Virginia.

Any facility caring for more than 12 such children shall not be deemed an independent foster home.

An independent foster home is subject to a different set of standards.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984; Volume 32, Issue 7, eff. January 15, 2016.

22VAC40-100-20 Sponsorship

A. Child caring institutions may be sponsored by a single individual or by a corporation.

B. Child caring institutions sponsored by a corporation shall maintain their corporate status in accordance with Virginia law.

C. If a corporation is not organized and empowered solely for the purpose of operating and maintaining a child caring institution, the charter of the corporation shall provide for operation of such an institution in its statement of purpose.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-30 Interdepartmental licensure

Child caring institutions, group homes, and independent foster homes licensed by other state departments under related licensing statutes may be licensed hereunder without further investigation of compliance with these standards if the commissioner had determined that the standards of such department are in substantial conformity with those established herein.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-40 Licensing procedures

A. Types of licenses:

An annual license is one which is granted to a child caring institution whose program, facilities, and operations meet substantially the minimum standards for a license;
A provisional license is one which may be issued following the expiration of an annual license if the applicant is temporarily unable to comply with all of the requirements and under the condition that the requirements will be met within a specific length of time; and
A conditional license is one which may be issued to a new facility, at the discretion of the Commissioner, to permit the applicant to demonstrate compliance with all requirements within a specified period of time.

B. Revocation of suspension. Any institution licensed as aforesaid shall receive a license to operate a child caring institution; provided, however, that the child caring institution license may be revoked or suspended for failure to maintain standards prescribed for the aforementioned institution.

C. Duration of the license. Licenses, except for provisional or conditional ones, expire one year from the date of issuance unless revoked sooner. The license expires automatically if there is a change in location or sponsorship. In such cases, a new application shall be filed as licenses are not transferable. To avoid delay, the Department shall be advised at once of any contemplated change so that it may determine if the proposed change can be approved.

When an annual license expires a provisional license may be issued for any period not to exceed six months; however, no agency may operate under any such provisional license and renewals thereof for a longer period than six successive months.

At the discretion of the Commissioner, a conditional license may be issued to operate a new facility; however, the issuance of a conditional license and any renewals thereof shall be for no longer a period than six successive months.

D. Original license.

Application: An individual or group of persons or community agency or sponsoring organization planning to conduct a group program for children shall file an application for a license two months in advance of the planned opening date. The application shall be signed by the individual responsible for operation of the child caring institution or, if the facility is to be operated by a board, the signature of an officer of the board, preferably the chairman, shall be on the application. The application form is provided by and may be obtained from the Department of Welfare.
Material to be filed with original application:

a. A statement regarding the sponsorship and organization of the child caring institution together with other information showing who is responsible for policy making, administration, and operation;

b. A copy of the articles of incorporation, if incorporation is required;

c. A copy of the constitution and bylaws, if any;

d. A list of board members and committees, if any;

e. If staff have been engaged, a record of satisfactory medical examination of each staff member who will come into contact with the children and those who will be engaged in handling and preparation of food;

f. Samples of all forms used such as application forms, agreement forms, etc.; and

g. The application shall incorporate an outline of the institution's program which shall include the standards set forth in the regulations.

[Deleted effective February 1, 1984.]
Health and fire inspections. Upon receipt of the application, the department will request an inspection and report as to the sanitary conditions from the local health department. An inspection and report from the Office of the State Fire Marshal will be requested where any building comes under the definition of a public building under the Virginia Fire Safety Regulations to determine compliance with this chapter. Inspection and report for fire safety will be requested from the local fire department or other fire officials responsible for fire safety.
Study of the application. Following receipt of the application and materials requested above (subdivision D 2 of this section), a representative of the department will make a study of the proposed services and facilities of the applicant.
Notice to the applicant of commissioner's action. After the application for license is approved by the commissioner, the applicant will receive by mail a license which, as provided by statute, will set forth the conditions under which he may operate. The terms of the license include the operating name of the child caring institution, the maximum number and age range of the children to be served, and the period of time for which the license is effective. They may include other limitations which the commissioner may prescribe within the context of this chapter. An accompanying letter may contain in addition to the limitations on the license, any recommendation regarding activities, services, and facilities to be employed. A letter accompanies a provisional or conditional license and states the reason(s) for its being provisional or conditional.

E. Renewal of annual, provisional or conditional license. The statute requires for continued operation annual renewal of the license or renewal of the provisional or conditional license at its expiration date.

Application. An application for renewal of license must be submitted by the applicant on a form furnished by the department which is sent by the department approximately two months prior to the expiration date. The completed application shall be returned to allow time for processing before expiration of the current license.
Material to be filed with renewal application of annual license:

a. A current list of board members and committees, if any;

b. A record of satisfactory medical examinations for each staff member (a staff information sheet will be provided by the department);

c. A report of major changes in the program or facilities during the year or contemplated for the coming year;

d. Building plans for any contemplated construction giving room dimensions and specifications and use.

Material to be submitted with application for renewal of provisional or conditional license. A statement showing which initial requirements listed as conditions of the provisional or conditional license have been met and if unmet, a statement of the plan of meeting them, together with any other material required under subdivision D 2 of this section which may be due.
Health and fire inspections. At the time that the renewal application is sent to the licensee, the department will request an inspection and report as to the sanitary conditions of the child caring institution from the local health department. In order to determine fire safety conditions, the department will request an inspection and report from the local fire department or other officials responsible for fire safety.
A current report from the State Fire Marshal will be requested if the previous report indicated violations of the Virginia Fire Safety Regulations.
Notice to the applicant of commissioner's action. The same procedure will be followed with renewal applications as outlined under subdivision D 6 of this section.

F. Modification of license. The conditions of the license may be modified during the licensing year with respect to the number of children, the age range, or other conditions in accordance with changes in sponsorship, staff, program, or facilities.

A licensee shall report to the department any contemplated changes in operation which would affect either the terms of the license or the continuing eligibility for a license. The department will then determine whether such changes may be approved and the license modified accordingly. This does not mean that the department has to approve changes in staff or program unless they affect the terms of the license or the continuing eligibility. Plans for remodeling or construction of new buildings shall be presented to the department and to the State Fire Marshal's office for review before the work is undertaken.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §ID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Part II Organization and Administration

22VAC40-100-50 Governing board

Each child caring institution sponsored by a corporation shall be governed and controlled by a governing board.

The governing board shall meet not less than quarterly.
The governing board shall be made up of no less than three members, a president, secretary-treasurer, and a member-at-large with additional membership according to size and function of the institution. It shall be large enough to be representative of a variety of interests and experience and the geographical area which it serves without being too large for smooth functioning.
The responsibility of the governing board shall be as follows:

a. To establish policies under which the institution is to operate;

b. To assure that the institution functions according to its defined purpose and that the program is conducted in conformity with official regulations and standards;

c. To maintain a budgeting and financing system whereby sound financial structure is maintained.

The governing board shall delegate administrative responsibility within established policies to the executive for the administration of the institution's program.
Membership shall be elected in accordance with bylaws and accepted practice.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-60 Finances

A. The institution shall have a plan of financing which gives assurances of sufficient funds to enable it to carry out its defined purposes and provide adequate care for children. The initial application shall give evidence that there are sufficient funds to assure the first year of operation.

B. The institution shall annually, together with the application for license renewal, submit evidence of financial responsibility which shall include an annual financial statement. Such statement shall reflect the current fiscal condition of the institution and shall include its working budget.

C. The institution shall have adequate liability and fire insurance in force. A copy of the insurance policy shall be made available to the Commissioner's representative upon request.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-70 Relationship to licensing authority

A. Child caring institutions shall submit to the Department of Social Services such periodic and special reports as it may require, including service, financial, personnel, statistical information, and a periodic census of children under care. A schedule of fees shall be filed with the State Department of Social Services.

B. The institution's records shall be made available to the department representative upon request.

C. The governing board or an official representative of the institution shall notify the department of any major changes pending or occurring in the administration or in the administrative personnel of the institution.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Part III Personnel or Staff

22VAC40-100-80 General requirements

A. No institution shall hire personnel whose health, education achievements, emotional or psychological makeup impairs his ability to properly protect the health and safety of the children or is such that it would endanger the physical or psychological well-being of the children.

B. Each employee shall be qualified by age, health, education, and training and experience for the position he is to fill and shall have in addition qualities of character and temperament suitable for working with children.

C. Health information shall be maintained for the licensee or administrator for all staff members who come in contact with children or handle food:

Initial tuberculosis examination and report.

a. Within 30 days of employment or contact with children, each staff member shall obtain an evaluation indicating the absence of tuberculosis in a communicable form.

b. Each staff member shall submit a statement that he/she is free of tuberculosis in a communicable form, including the type or types of test or tests used and the result or results.

c. The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

d. This statement shall be filed in the staff member's record.

Subsequent evaluations:

a. A staff member who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis must obtain chest x-rays on an annual basis for the following two years.

(1) The staff member shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form.

(2) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

(3) The statements shall be filed in the staff member's record.

(4) Screening beyond two years is not required unless there is known contact with a case of tuberculosis or development of chronic respiratory symptoms.

b. Additional screening is not required for a staff member who had a nonsignificant (negative) reaction to an initial tuberculin skin test.

c. Any staff member who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days of exposure/development, receive an evaluation in accord with subdivision C 1 of this section.

D. At the request of the licensee or administrator of the facility or the Department of Social Services, a report of examination by a licensed physician shall be obtained when there are indications that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.

E. Any individual who, upon examination or as a result of tests, shows indication of a physical or mental condition which may jeopardize the safety of children in care or which would prevent performance of duties:

Shall immediately be removed from contact with children and food served to children; and
Shall not be allowed contact with children or food served to children until the condition is cleared to the satisfaction of the examining physician as evidenced by a signed statement from the physician.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-90 Composition and qualifications of staff

A. *Executive Director

Each institution shall have a competent executive responsible for the administration of the institution's policies and program. He shall designate a staff member to serve as his assistant, who shall be capable of assuming the administrative affairs of the institution during temporary absence of the administrator.
An administrator appointed after the effective date of this chapter shall have:

a. A master's degree from an accredited college or university in a profession related to child care and development; or

b. He shall have received a bachelor's degree from an accredited college and shall have had two years of successful work experience with children in the field of institutional management, social work, education, religious education or other allied profession.

B. *Assistant director.

The employment of an assistant director will depend upon the size of the institution.
Where such a position exists, this person shall have the following qualifications:

a. He shall be able to assist in planning and administering the daily program of child care, including routines, household management, and general activities.

b. If employment begins after the effective date of this chapter, the assistant to the executive shall have:

(1) A bachelor's degree from an accredited college or university in social work, education, religious education, or other allied profession; or

(2) He shall have successfully completed two years of college training from an accredited college or university in an allied field plus four years of experience.

C. Child care staff.

Each child shall be assigned to the care of an adult. Said person shall provide parental guidance and shall be responsible for assuring the care and well-being of the children. Such persons shall be hereafter called group parents.
No person over the age of 65 years may act as a group parent if duties require 24-hour responsibility. If such person whose mental and physical condition render him incapable of performing as a group parent in such capacity before he becomes 65 years of age, he shall be removed immediately.

D. Relief staff.

Relief personnel shall be a part of the child care staff, familiar to the children and familiar to the program of the institution.
They shall meet the qualifications required of regular staff.
Sufficient relief staff shall be employed to allow regular time off and vacations for all employees as stipulated in the personnel policies of the institution.

E. Social service staff.

Social work services, if not provided by the director, shall be provided by persons possessing qualifications as provided in subdivision E 4 of this section who may be staff members or whose services may be provided on a contract basis.
Social work supervisors: Larger institutions with a staff sufficient to justify the employment of a social work supervisor shall employ a social worker with the following qualifications if he is employed after the effective date of this chapter:

a. He shall have a master's degree from a school of social work accredited by the Council on Social Work Education; or

b. He shall have successfully completed one year of graduate study in an accredited school of social work plus two years of social work experience.

Institutions providing their own social work services and serving children with special needs resulting from physical, emotional, or mental handicaps, experimentation with drugs or alcohol prior to admission, shall employ a social worker with the same qualifications as a social work supervisor.
Social worker.

a. Each social worker employed by a child caring institution shall have an understanding of and a capacity for working with children. He shall be able to respect and work cooperatively with a variety of persons including co-workers, representatives of other social agencies, and the parents of children.

b. If employment begins after the effective date of this chapter, the caseworker shall be:

(1) A graduate of an accredited college or university with a master's degree in Social Work; or

(2) He shall have a master's degree from an accredited college or university in a related field such as psychology, sociology, or education; or

(3) He shall have a baccalaureate degree in a related social science from an accredited college or university, plus two years of experience in social work; or

(4) He shall have graduated from an accredited college or university with a baccalaureate degree and a major, sequence or concentration in undergraduate preparation for social welfare, including field experience. A year of social work experience may be submitted for the required sequence, concentration or major but not for a baccalaureate degree.

F. Nursing staff.

A nurse shall be employed on a full-time or part-time basis where size and location of the institution inhibit the reasonable accessibility of medical services.
If nurses are employed by the institution, they shall be currently licensed as a registered nurse or a licensed practical nurse by the Commonwealth of Virginia.
Institutions shall have at least one staff member on duty at all times who has taken the Red Cross Standard First Aid Course.

G. Consultants. Each institution shall make provision for medical, dental, psychiatric, psychological, and legal services as may be necessary to meet adequately the needs of the children served.

H. Clerical staff.

The institution shall have sufficient clerical staff to keep necessary correspondence, required records, bookkeeping, and files current and in good order.
The clerical staff shall have high school or business training or appropriate business, office, and stenographic experience, or both.
Clerical staff shall have a good understanding and respect for confidentiality and a working knowledge of the program of the institution.

I. Recreation staff.

The employment of a recreation worker shall depend upon the availability and accessibility of community recreational facilities to the children in the institution.
A person employed as a recreation worker by the institution shall have experience in working with and providing responsible supervision to groups of children whose recreational needs and interests vary.
The recreation worker shall possess a variety of skills in group activities and shall be capable of motivating children to participate in constructive activities.

J. Volunteer staff.

Volunteers shall have qualifications appropriate to the services they render. They shall be selected on the basis of their ability to make a positive contribution to the program and shall understand and practice confidentiality.
The institution shall establish requirements for the selection of volunteers and the institution and the individual volunteer shall agree on the latter's job assignment. The volunteer's responsibility shall be clearly differentiated from other staff members.
An employed staff member shall be in charge of the volunteer program including a planned orientation to the work of the institution.

K. Service personnel.

Kitchen staff.

a. *The responsibility for the preparation of meals must be carried specifically by a person employed as a cook or by some other staff member whose responsibilities in the preparation and serving of food will not interfere with the supervision of children.

b. Individuals responsible for the preparation of meals shall have experience or knowledge, or both, of quantity cooking and the nutritional requirements appropriate to the ages of the children served.

c. They shall meet the same general requirements with respect to health and character as child care staff in accordance with the standards established herein.

d. [Deleted effective May 1, 1984.]

e. [Deleted effective May 1, 1984.]

Housekeeping and maintenance staff.

a. *Housekeeping and maintenance staff shall be selected for their personal qualities as well as skill in their particular jobs, since all adults in the institution are involved to some degree in relationships with children.

b. There shall be sufficient staff so that the operation and maintenance of the institution shall not be dependent upon the children or the child care staff when such duties interfere with their supervisory responsibilities and other child care duties.

Asterisks () denote standards which do not apply to group homes.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIIB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-100 Ratio of child care staff to children

A. The staff-child ratio shall vary according to the ages of the children and the kinds of problems they present.

B. In determining the ratio of staff to children, the clerical workers, maintenance staff, and others who have no direct responsibility for children, must not be included.

C. The ratio of full-time staff carrying responsibility for the supervision of children shall be one adult for every 10 children over two years of age except where the needs of the children may warrant a higher or lower ratio. A minimum of one staff shall be on duty at night in each cottage or building where children sleep.

D. Except where necessary to prevent the separation of a family, an institution serving older children will not offer care to infants under two years of age. In instances where care is offered to children under two years of age, the ratio shall be one adult for every three infants.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIIC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-110 Personnel policies

A. The institution shall have a written statement of personnel policies approved by the governing board of the agency outlining personnel practices as they affect both employer and employee which shall be given to the employee at the time of employment and shall include:

A description of his position which defines the qualifications, duties, and responsibilities of the position;
Salary;
Provisions for paid vacation, sick leave, and policy regarding national holidays observed in the institution;
Provisions for periodic evaluations of work performance;
A description of employment benefits, including retirement plan, hospitalization and other insurance, room and board; and
Resources for staff development.

B. The institution shall maintain an accurate personnel record on each employee which shall include:

Written application showing qualifications and experience;
Medical reports (see 22VAC40-100-80 C and D); and
Dates of employment and separation with reason for separation.

C. Every staff member who has direct 24-hour supervisory contact with children must have available at least four days off duty each month and a minimum of two hours of free time each day.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IIID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Part IV Buildings, Grounds, and Equipment

22VAC40-100-120 Location

Child caring institutions and group homes shall be located so that they are reasonably accessible to schools, transportation, hospitals, clinics, psychiatric resources, churches, libraries, and recreational-cultural facilities.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-130 Buildings and building plans

A. All existing facilities and plans for the construction, conversion, and modification of any facility shall be such as to reasonably protect the children to be served in the facility and shall include consideration of the following:

The number and age span of the children;
The location and housing of staff relative to the children;
The accessibility of other service facilities or components;
The mental or physical condition of the children to be served;
Compliance with all health and safety laws and regulations; and
The providing of an environment conducive to the proper development of the child.

B. Building plans and specifications for new construction, conversion of existing buildings, and any structural modifications or additions to existing licensed buildings shall be suitably aligned with the purpose of the institution, and plans shall be submitted to the following authorities:

Department of Social Services;
Office of the State Fire Marshal (only for structures with occupancy of 10; or more persons except in the cities of Richmond and Norfolk for structures with an occupancy of 20 or more persons);
Local zoning or building departments, or both
Local fire departments; and
Local health departments.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-140 Buildings (physical facilities)

A. Fire regulations.

State fire regulations: Buildings which fall within the definition of a public building under Virginia Fire Safety Regulations (13VAC5-40-10 et seq.) shall be approved by the State Fire Marshal's office prior to the effective date of licensure. The building shall, at all times, maintain the standards established under the Virginia State Fire Safety Regulations (13VAC5-40-10 et seq.). Licensure is contingent upon continued approval by the Office of the State Fire Marshal.
Local fire regulations: All buildings shall be approved by local fire authorities where responsibility for such approval is defined at the time of application and annually thereafter.
Fire plan: A fire plan shall be worked out for each home. Wherever possible, this plan should be drawn up with the advice of the nearest local fire department or the local fire prevention bureau. The administrator and all employees shall be fully informed of the fire plan for the institution, including their duties, location and operation of fire extinguishers, fire alarm boxes, and telephone procedure in calling the fire department.
Fire drills: Drills for evacuation in case of fire shall be held not less than quarterly.

B. Health inspection: Buildings shall be subject to annual inspections and ratings by such health authorities who are required to inspect and enforce health and sanitary regulations. The health inspection shall include a report on the following:

General cleanliness and freedom from rubbish and vermin;
Facilities for preparation, refrigeration, and preservation of food;
Facilities for sewage disposal;
Provision for garbage disposal;
Equipment for sterilizing and washing dishes and cooking utensils;
Laundry equipment;
Water supply, drinking fountains, etc.;
Milk supply and handling;
When the institution has its own dairy, the herd must be tested for tuberculosis and Bangs disease by the Virginia Department of Agriculture and Consumer Services, Division of Veterinary and Laboratory Services at appropriate intervals.

C. Sleeping accommodations.

The environment of sleeping rooms shall be conducive to sleep and rest.
Provisions shall be made for an individual bed or crib for each child and for at least 500 cubic feet of air space per child or 700 cubic feet of air space in a room designed for only one child.
There shall be enough space in the room for beds to be at least three feet apart at the head, foot, and sides and four feet apart for double-decker beds.

D. Bath and toilet facilities.

Appropriate bathing and toilet facilities shall be provided in accordance with the ages and sexes of the children in care.
There shall be at least one shower or tub and one toilet and washbowl for every eight children; but in all instances there shall be at least one toilet and one tub in each children's living unit. (The tub may be in houseparents' quarters for use in case of medical treatment.) A plentiful supply of hot and cold water shall be available for bathing. Showers and tubs shall have mixing faucets.
Individual towels and washcloths shall be provided at least twice a week.
*Facilities constructed after the effective date of this chapter shall have a lavatory (with mirror) provided for every four children. Each child shall have a place to keep his individually identifiable toothbrush.
*Facilities constructed after the effective date of this chapter shall have one toilet for every four children with regard for the privacy of each child.

E. Indoor recreation space: A family oriented (or living) room shall be provided in each living unit housing children. Its furnishings shall be in keeping with its function as the center of indoor recreation. Other space and equipment shall be provided for times when it is necessary for all the children to play indoors. Equipment shall be suited to the age and interest levels of the children.

F. Laundry and sewing: If laundry and sewing are done on location, such space shall be provided and conveniently located and have adequate equipment. Equipment shall be in good repair and have protective safety devices. All electrical equipment shall meet the National Electric Code and be approved by Underwriters Laboratory.

G. Heating system: Heating facilities shall conform to the recommendations of competent mechanical engineers. All heating systems shall be installed with safety devices to prevent fires, explosions, and other hazards including covered radiators where young children are being cared for. Systems shall also meet local building codes. All parts of the living units used by the children shall be adequately heated. The heat shall be evenly distributed at a temperature of between 68°F and 72°F to be maintained in all the rooms the children occupy at any time.

H. Lighting: Proper lighting shall be provided and comply with the local fire and electrical wiring regulations. Emergency lighting facilities shall be provided and available at all times. Outside lighting shall be provided for protection against injuries and intruders.

I. Medical provisions.

*Institutions with a licensed capacity of over 50 children and which do not have easy access to a hospital, shall provide facilities for segregation of children suffering from contagious or communicable diseases.
First aid supplies shall be readily available when needed. All first aid supplies shall be stored in a locked cabinet not accessible to children.
No medical treatment program or system of medications shall be started or continued without a written order signed by a licensed physician.
Drugs shall be obtained only upon individual prescription of a licensed physician and obtained from a licensed pharmacist. Such drugs shall be securely locked and accessible only to a responsible person in charge. A record shall be kept of all medications administered to each child.

Asterisks () denote standards which do not apply to group homes.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-150 Staff quarters

For facilities initially licensed after January, 1973, each living unit shall have at least one room with beds and private bath reserved for use of staff when on duty and sleeping in. If full-time staff reside in the children's living unit, they must be provided with a living room, bedroom, and bath.

EXCEPTION: When there are no more than four persons, including staff and family of staff, residing in or on duty in the living unit, or both, a private living room and a private bath are not required for staff.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVD, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-160 Equipment

A. All furnishings shall be attractive, safe, easy to clean, and suited to the ages and number of children in care.

B. There shall be at least one private telephone line into each child caring institution and a telephone shall be located in every children's living unit. There shall be someone available to answer the phone at all times.

C. All playground equipment shall be safe, clean, and durable and selected for suitability to the age and stage of development of the children under care.

D. Swimming pools shall be enclosed with safety fences and shall conform to local health and safety regulations.

E. The institution shall provide vehicles for the transportation of children and staff in their work with the children. Such vehicles shall include all safety devices required by law.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVE, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-170 Grounds and outdoor recreation space

The grounds shall be spacious enough to accommodate a variety of play areas that take into consideration age and interest levels of the children. Community recreational resources, if suitable, shall be utilized as much as possible. Grounds shall be suitably landscaped.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §IVF, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Part V Programs and Services

22VAC40-100-180 Request for service (intake) and alternative planning (discharge) of children

Policies regarding the above shall be defined and periodically reviewed and changed as needs and conditions dictate.

No child shall be accepted for care until it is clearly established that he needs care apart from his family and is in need of the particular kind of care which the institution has to offer. This must be determined through mutual exploration involving all parties concerned with the child's welfare.
Acceptance for care shall be based upon:

a. Social data;

Full name of child;

Date and place of birth;

Sex of child;

Name and addresses of parents and their marital status;

Names, ages, and sex of siblings with addresses when possible;

Religion of parents;

Racial and national background; and

Custody status;

b. Medical history and current medical condition;

c. The child's approximate mental level, as determined by the grade ratio or a statement of a physician or psychologist or both;

d. Significant information to show why the child requires care apart from his family must be established.

On the basis of this study, an institution shall not admit:

a. A child whose needs it cannot meet. In determining whether the child's needs may be met, the following are some factors to be considered:

(1) Availability of educational facilities suitable to the child's needs;

(2) The age group of children presently in the institution relative to the age of the applicant;

(3) The mental, physical, or emotional condition of the other children in the institution relative to that of the applicant;

(4) The child's health needs relative to the capabilities of the institution to supply such needs;

(5) The lack of trained professional staff necessary to provide the child with maintenance, care, or treatment required by his physical, mental, or emotional condition.

b. A child whose presence would be undesirable or dangerous to other children in the institution. This should not be interpreted to exclude children who merely have behavior difficulties of a comparatively mild nature, but children whose health or behavior is such that association with them would be seriously detrimental to normal children.

Children shall be accepted only by court commitment or on written agreement with parents, legal guardian, or other person having legal authority to make such an agreement.
There shall be an entrustment between the child's parents or guardian and the institution through which written consent for the child's placement in the institution is given and a basis of cooperation between parent and administration is established. This shall not be interpreted to mean that the parent shall surrender all legal right to the child to the institution. Parental surrender shall not be required under usual circumstances.
Agreement forms shall be devised by the institution and shall recognize the mutual rights of the parties in placement, clearly defining areas of joint responsibility as they affect the institution's ability to serve or continue serving a child. Such forms shall be approved by the State Department of Social Services.
Both the institution and the parties to placement shall have a copy of the agreement.
An institution receiving children under emergency circumstances shall have staff and special facilities for reception, including if necessary, temporary isolation from other children in residence.
Institutions equipped to handle temporary placements shall emphasize the temporary nature of such placements in their written agreements with referring persons or agencies.
Satisfactory effort must be devoted to preparing the child for admission to the institution. It is essential that careful attention be given the child during the first two or three weeks in order that the initial adjustment may be as favorable as possible.

a. Preparation of a child for his admission shall be in a manner consistent with his age and ability to participate in the plan and to understand the reasons for the placement.

b. Whenever possible and feasible to do so, arrangements shall be made for the child to make at least one pre-placement visit to the institution. If a pre-placement visit is not possible or feasible, the child shall be given some detailed description or picture of the institution, staff, children, and activities that will be part of his daily living.

c. Timing of the child's admission shall be so planned that it will be least distressing to him and least disrupting to the staff and other children who will be sharing the same living unit.

Residence within the institution shall be considered continuous preparation for the time when the child no longer needs care therein.

a. Adequate attention shall be given to preparing the child for leaving the institution as the time therefore approaches.

b. Children under 18 years of age may be discharged only to the responsible person from whom they were accepted, except in cases where the legal responsibility for the child has been transferred from one person to another during the period of the child's stay in the institution. Discharge shall be to and with the planning of the responsible person, or upon order of a court of competent jurisdiction.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-190 Placement of children outside the institution

A. No institution may make placements of a child away from the institution except for medical or surgical care, attendance at an accredited public or private school, or vacations without first having obtained a Child Placing Agency license.

B. Such placements shall not be made without the knowledge and consent of the individual or individuals or agency legally responsible for the child.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-200 Health

A. Timing and frequency of physical examinations

Each child accepted for care shall have a physical examination by or under the direction of a licensed physician no earlier than 90 days prior to placement in the facility.

EXCEPTIONS: a. If a child transfers from one residential facility licensed or certified by a state agency to another, the report of an examination within the preceding 12 months shall be acceptable.

b. If a child is admitted on an emergency basis and a report of physical examination is unavailable, a physical examination shall be conducted within 30 days after placement. (See 22VAC40-100-180 8.)

Following the initial examination, each child shall have a physical examination annually.
Additional or follow-up examinations and treatment shall be required when:

a. Prescribed by the examining physician, or

b. Symptoms indicate the need for an examination or treatment by a physician.

B. Required content of physical examinations.

Each report of physical examination shall include:

a. The date of the physical examination; and

b. The signature of a licensed physician, the physician's designee, or an official of a local health department.

Each examination report shall include information concerning:

a. Immunizations administered;

b. Visual acuity;

c. Auditory acuity;

d. General physical condition, including documentation of apparent freedom from communicable diseases, including tuberculosis;

e. Allergies, chronic conditions, and handicaps, if any;

f. Nutritional requirements, including special diets, if any;

g. Restriction of physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated.

When it is not in the best interest of a child with a communicable disease to prohibit admission, the child may be admitted only after a licensed physician certifies that:

a. The facility is capable of providing care to the child without jeopardizing other children in care and staff; and

b. The facility is aware of the required treatment for the child and procedures to protect other children in care and staff.

C. Responsibility for Health Program.

It is the responsibility of the institution to maintain and promote the health of children for whom it assumes responsibility. The health program shall be under the continuing technical direction of a physician.
The nutrition of the children is a vital aspect of the total health program. Planning, preparation, and serving of food shall be in accordance with nutritional, social, and environmental sanitation needs of the children. Menus shall be available upon request by the commissioner's representative.
A positive attitude toward good health and oral and dental hygiene shall be promoted. Standards of hygiene in relation to bathing, appropriate handwashing, and toothbrushing shall be maintained.

D. Annual dental inspection with recommendations for follow-up dental care as indicated.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-210 Education

A. The institution shall arrange for the education of each child in care. The education shall be in compliance with state or local laws, or both, pertaining to compulsory school attendance.

B. Where academic educational facilities are operated by the institution, the following requirements must be met:

If teachers are employed by the institution, they must hold a Virginia Teacher's Certificate and must be eligible for employment in the public school system and shall be required to teach only those areas and subjects for which they are certified;
Teachers shall be chosen on the basis of their qualifications and their ability to work with children, and shall have the ability to work cooperatively with other institutional staff in meeting the needs of the children served.

C. The institution shall give consideration to providing vocational training according to the child's ability.

If teachers are employed by the institution, they must hold a Virginia Industrial and Education Certificate and must be eligible for employment in the public school system and shall teach only those subjects for which they are certified.
Teachers shall be chosen on the basis of their qualifications and their ability to work with children and shall have the ability to work cooperatively with other institutional staff in meeting the total needs of children served.

D. The institution shall give consideration to providing the opportunity for higher education according to the child's ability.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VD, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-220 Religious training

A. The institution shall be responsible for providing religious education and experience. Children shall be taught to respect the practices of different faiths and to accept the right to different forms of worship.

B. Each institution shall have clearly defined policies regarding religious training for the information of those considering the placement of children in the institution.

C. Children shall be encouraged to participate in religious activities, but shall not be coerced.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VE, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-230 Recreation

A. Each institution shall provide individual and group recreational opportunities appropriate to the age, interests, and needs of each child. Individual initiative and creativity shall be encouraged.

B. Competent adult direction and supervision of the recreational program shall be provided both indoors and outdoors. This shall include use of any open body of water.

C. The recreational program of the institution shall include maximum use of available community recreational resources and facilities.

D. The institution shall provide suitable space and appropriate equipment for both indoor and outdoor recreation.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VF, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-240 Community relationships

A. The child, under staff supervision, shall be given opportunities to take part in community life when he has gained sufficient security in the group living situation.

B. Children shall be encouraged to become acquainted with and develop appreciation for the cultural and educational resources of the community, such as places of historical interest, museums, art galleries, etc.

C. Community participation shall also be furthered by allowing older children who can do so to accept employment in the community, either in paid or volunteer jobs, not only to earn spending money, but also to become a part of the everyday working community.

D. Community interest in children and efforts in their behalf (public parties, entertainment, invitations to visit families) shall be carefully evaluated to ascertain that these are in the best interest of the children.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VG, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-250 Use of volunteers

A. Volunteers shall be used to enrich the program by bringing to it specialized skills and interests not otherwise available to the children through staff and to offer opportunities for relationships and individualized attention.

B. To limit disruption to the program of the institution and disappointment of children, staff member in charge of volunteers shall determine during early stage of involvement whether the volunteer demonstrates dependability for a particular assignment.

C. Turnover of volunteers shall be kept to a minimum.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VH, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-260 Social work services

A. Social work services shall be the function of the social work staff either employed or contracted and shall include:

Regular contacts with the child and his parents or guardian to help them maintain their relationships with the child and plan for his future care;
A review of each child's status, progress, and family situation at least semiannually and more frequently as needed for the purpose of evaluating the need for continuing care in the institution or a different form of care;
Help for the child with problems that affect his ability to have satisfying personal relationships and use of his capacity for growth;
Conferences with child care staff, providing sufficient information about the child and his family situation so that they may understand the child's needs and help him to his adjustment to group living;
Appropriate referrals to and maintenance of continuing relationships with community resources and services needed by the children and their parents;
Close work with the child and child placing agency with whom placement outside the institution is being considered.

B. Periodic conferences shall be held with child placing agencies holding custody of children in care.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VI, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-270 Clothing

A. Children shall be provided with adequate, comfortable, and well-fitting clothes, appropriate in style to those generally worn by children of their age in the community.

B. Each child shall have clothing exclusively for his own use.

C. Children shall be permitted to participate in the selection and purchase of their own clothing whenever possible and appropriate.

D. Institutions shall consider the use of cash clothing budget plans for each child, particularly for adolescents.

E. Clothing shall be individually inventoried and currently reviewed to check for repairs and replacement. The results of such inventories shall be reported promptly to the proper administrative staff person.

F. When the child leaves the institution, he shall be allowed to take his clothing with him.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VJ, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-280 Allowances

A. The institution must provide opportunities for children to learn the value and use of money through earning, spending, giving and saving.

B. Every child shall be assured an allowance appropriate to his age. The allowance shall be regular and in an amount known to the child.

C. Children, depending upon their age, shall be able to spend designated portions of their money without accounting to staff.

D. Children who earn money shall be helped to budget their own money.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VK, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-290 Discipline

A. Different approaches are required for different kinds of children and groups.

B. A clear differentiation shall be made between rights and privileges of children.

C. Punishment, control, and discipline of children shall be an adult responsibility.

D. Punishment shall be related to the specific misbehavior. Excessive, degrading, or vindictive punishment is prohibited.

E. Institutions shall not allow deprivation of meals, or prohibit mail and family visits as a method of punishment.

F. Physical punishment or isolation, or both, of a child shall require the approval of the administrator or his designee. In all instances, the administrator shall be notified of the child's physical punishment or isolation, or both. At any time a child is confined to his quarters, he shall not be without means of communicating with staff.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VL, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-300 Visitation

A. Parents and other individuals important to the child shall have the right to reasonable visiting privileges according to the formulated plan.

B. Visiting hours shall be flexible in order to meet the needs of children in placement and their parents.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VM, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Part VI Records

22VAC40-100-310 Nature of records

A separate up-to- date case record shall be maintained on each child from the point of intake to the termination of service.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-320 Location

A defined place shall be provided for making and keeping records of a privileged and confidential nature.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VIB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-330 Safeguards

Safeguards must be taken to protect case record material from fire and other hazards.

Records must be stored in a locked, fire-resistant file or vault.
Records must not be accessible to unauthorized persons.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VIC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

22VAC40-100-340 Confidentiality

The child caring institution shall share only that information relative to the needs of others working with the child or to those having a legal right to that information in conformity with the following:

Confidential records. The records of all child welfare agencies and representatives of the commissioner regarding licensing and persons received or placed out by them and the facts learned by them concerning such persons and their parents or relatives shall be confidential information, provided that the commissioner, the board, and their agents shall have access to such information, that it shall be disclosed upon proper order of any court, and that it may be disclosed to any person having a legitimate interest in the placement of any such person. It shall be unlawful for any officer, agent, or employee of any child welfare agency, for the commissioner, the board, or their agents or employees, and for any person who has held any such position, and for any other person to whom any such information is disclosed as herein provided, to disclose, directly or indirectly, any such confidential information, except as herein provided. Every violation of this section shall constitute a misdemeanor and be punishable as such.
Any person who has attained his majority, and who has not been legally adopted in accordance with the provisions of former Chapter 11 (§ 63.1-220 et seq.) of Title 63.1 of the Code of Virginia, and who believes that he has been placed out by a child placing agency, shall have the right to demand and receive from the commissioner, the board, or any such agency, such information as any of them may have concerning his own parents or relatives.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984; Volume 32, Issue 7, eff. January 15, 2016.

22VAC40-100-350 Form and content of case record

A. In addition to the data required and the intake study, the record shall include a formal request for care or application and/or a copy of court commitment and/or entrustment agreement which shall include financial responsibility, consent for necessary medical and surgical treatment and hospitalization. An entrustment shall only be entered into after it has been determined that the placing person has legal authority to do so.

B. A record shall be kept of on-going medical information on the child which shall include:

Immunizations;
Dental examinations;
Reports of any illness or injury and treatment given;
Psychiatric examinations and treatment given, if any;
Use of drugs;
Routine physical examinations and other medical contacts.

C. The record shall include a summary of the child's progress. Where long term care is offered, these reports shall be recorded at least annually and shall include the following:

Reports of significant incidents, both positive and negative, and changes in the family situation;
Contact with parents;
School reports;
Future planning;
Summary of child's development.

D. All correspondence relevant to a child shall be kept in the record.

E. Each record shall have a face sheet bearing factual data and identifying information. The face sheet shall include the following:

Name;
Date and place of birth;
Sex;
Religion;
Race;
Names and addresses of parents, siblings, and other close relatives;
Guardianship and custody;
Date of admission;
Insurance policy numbers, Medicaid number; and
Name of caseworker and casework supervisor, if an agency placement.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from VR615-24-01 §VIE, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Chapter 131 Standards for Licensed Child-Placing Agencies

Part I General Provisions

22VAC40-131-10 Definitions

"Adoptive home" means any family home selected and approved by a parent, local board or a licensed child-placing agency for the placement of a child with the intent of adoption.

"Adoptive parent" means any person selected and approved by a parent or a child-placing agency for the placement of a child with the intent of adoption.

"Adoptive placement" means arranging for the care of a child who is in the custody of a child-placing agency in an approved home for the purpose of adoption.

"Adult" means any person 18 years of age or older.

"Annual" means within 13 months of the previous event or occurrence.

"Applicant" means an individual or couple applying to be approved as a resource, foster, adoptive, treatment foster, or short-term foster family home provider.

"Background check" means a sworn statement or affirmation disclosing whether the individual has a criminal conviction, is the subject of any pending criminal charges within or outside the Commonwealth of Virginia and is the subject of a founded complaint of abuse or neglect within or outside the Commonwealth; criminal history record information; child abuse and neglect central registry search; and any other requirement of 22VAC40-191, Background Checks for Child Welfare Agencies, and §§ 63.2-1721 and 63.2-901.1 of the Code of Virginia.

"Behavior support" means those principles and methods employed by a provider to help a child or youth achieve positive behavior and to address and correct a child's or youth's inappropriate behavior in a constructive and safe manner in accordance with goals of the child's or youth's service or treatment plan and the safety of the child or youth and others.

"Birth parent" means the biological parent of a child and, for the purposes of adoptive placement, means parents by previous adoption.

"Caretaker" means any individual having the responsibility of providing care for a child and includes the following: (i) a parent or other person legally responsible for the child's care; (ii) any other person who has assumed caretaking responsibility by virtue of an agreement with the legally responsible person; (iii) a person responsible by virtue of their position of conferred authority; and (iv) adult persons residing in the home with the child.

"Career and technical education" means organized sequential educational activities and courses that provide individuals with academic and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions.

"Case management" means an activity that assists individuals eligible for Medicaid in gaining and coordinating access to necessary care and services appropriate to his needs. Case management activities are provided in treatment foster care.

"Casework" means provision of direct services or treatment with an individual or several individuals, and intervention in the situation on the client's behalf.

"Casework staff" means an individual hired to perform casework services who has at least a baccalaureate degree with relevant experience required in this chapter.

"Child" means any natural person younger than 18 years of age.

"Child-placing activities" means the activities involved in the placement of children in foster or adoptive family homes; and children or youth in children's residential facilities or independent living arrangements. The following activities and actions are integral components of a Virginia-licensed child-placing program and when performed in Virginia, these components are regulated under this chapter:

The provision of counseling to biological parents, including assisting parents to formulate a plan for the care, placement, or both of their child;
The acceptance of a child's custody for placement purposes;
Assessing a child's service and placement needs;
Performing home studies;
Selecting and approving applicants for resource, foster, treatment foster, or short-term foster care and adoption placements; and approving independent living placements and services;
Matching a child with an approved family or licensed children's residential facility;
Making a placement of a child in a resource, foster, treatment foster, or short-term foster care home; an independent living arrangement; or children's residential facility selected for that child;
Casework and supervision of children in foster care, adoption and independent living, including counseling the child, the biological, adoptive parents, or other persons; and consultation with foster parents and agencies holding custody of the child; and
Providing documentation to finalize adoptions and providing post-placement adoption and supervision services or making referrals to appropriate resources for such services.

"Child-placing agency" means any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § 63.2-1819 of the Code of Virginia; or a local board that places children in foster or adoptive homes pursuant to §§ 63.2-900, 63.2-903, and 63.2-1221 of the Code of Virginia. Officers, employees, or agents of the Commonwealth of Virginia or any locality acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.

"Child's family" means the birth or adoptive parents, legal guardians, or family to whom the child may return.

"Commissioner" means the Commissioner of the Department of Social Services, his designee, or his authorized representative.

"Complaint" means an accusation that a facility that is subject to licensure is operating without a license or that a licensed facility is not in compliance with licensing standards or law.

"Corporal punishment" means punishment administered through the intentional infliction of pain or discomfort to the body through (i) actions such as, but not limited to, striking or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort.

"Department" means the State Department of Social Services.

"Dual approval process" means a process that includes a home-study, mutual selection, interviews, training, and background checks completed on all applicants to be considered for approval as a resource, foster, or adoptive family home provider.

"Emergency placement" means the placement of a child where the local department of social services placing the child has within the past 72 hours removed the child from his home or previous placement due to abuse or neglect or other emergency.

"Employee," "staff," or "staff person" means a person working for the licensee who is compensated or has a financial interest in the business of the licensee, regardless of role, service, age, function, or duration of employment with the licensee. Employee, staff, or staff person also includes persons hired through a contract to provide services for the licensee.

"Foster care placement" means placement of a child through (i) an agreement between the parents or guardians and the local board where the legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency.

"Foster care services" means the provision of a full range of casework, treatment, and community services, including independent living services, for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 of the Code of Virginia or in need of services as defined in § 16.1-228 of the Code of Virginia and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services and the parents or guardians where legal custody remains with the parents or guardians, or (iii) has been committed or entrusted to a local board of social services or licensed child-placing agency.

"Foster home" means the place of residence of any natural person in which any child, other than a child by birth or adoption of such person, resides as a member of the household.

"Foster parent" means an approved provider who gives 24-hour substitute family care, room and board, and services for children committed or entrusted to a child-placing agency.

"Independent living arrangement" means the placement of a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency and has been placed by the local board or licensed child-placing agency in a living arrangement in which he does not have daily substitute parental supervision.

"Independent living services" means services and activities provided to a child in foster care 14 years of age or older who was committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. Independent living services may also include services and activities provided to a person who was in foster care on his 18th birthday and has not yet reached the age of 21 years. Such services shall include counseling, education, housing, employment, money management skills development, access to essential documents, and other appropriate services to help children or youth and persons prepare for self-sufficiency.

"In-service training" means the on-going instruction received by providers after they complete their pre-service training.

"Intercountry placement" means the arrangement for the care of a child in an adoptive home or foster care placement into or out of the Commonwealth by a licensed child-placing agency, court, or other entity authorized to make such placements in accordance with the laws of the foreign country under which it operates.

"Interstate Compact on the Placement of Children" means a uniform law enacted by all 50 states, the District of Columbia, and the U.S. Virgin Islands that establishes orderly procedures for the interstate placement of children and sets responsibility for those involved in placing those children.

"Licensee" means the individual, corporation, partnership, association, limited liability company, trust, business trust, public entity, or any other legal entity recognized by the Virginia State Corporation Commission; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity to whom the department issues a license and who is legally responsible for compliance with the regulations and statutory requirements related to the child-placing agency.

"Licensing representative" means an agent authorized by the commissioner to carry out the responsibilities and duties specified in Subtitle IV (§§ 63.2-1700 et seq. and 63.2-1800 et seq.) of Title 63.2 of the Code of Virginia.

"Local board" means the local board of social services representing one or more counties or cities.

"Local department" means the local department of social services of any county or city in this Commonwealth.

"Mental abuse" means that which occurs when a caretaker creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon a child a mental injury by other than accidental means or creates a substantial risk of impairment of mental functions.

"Mutual selection" means a method within the dual approval process that encourages collaboration by and between both (i) the applicant applying for approval as a resource, foster, adoptive, treatment foster, or short-term foster home provider; and (ii) the child-placing agency that is processing the application. It allows both parties the ability to gather information necessary to make an informed decision about whether the applicant has a continued interest in and would be ready to accept a child into his home if it is determined that he meets all criteria to be an approved home provider. The child-placing agency makes the final determination regarding approval or disapproval of the applicant.

"Parent" means the birth or adoptive parent of a child.

"Parental placement" means locating or effecting the placement of a child or the placing of a child in a family home by the child's parent or legal guardian for the purpose of foster care or adoption.

"Permanent entrustment agreement" means an agreement that provides for the termination of all parental rights and responsibilities with respect to the child to be placed for adoption.

"Permanent foster care placement" means the place in which a child has been placed pursuant to the provisions of §§ 63.2-900, 63.2-903, and 63.2-908 of the Code of Virginia with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or 63.2-1517 of the Code of Virginia. A permanent foster care placement may be a place of residence of any natural persons deemed appropriate to meet a child's needs on a long-term basis.

"Physical abuse" means abuse that occurs when a caretaker creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon a child a physical injury by other than accidental means or creates a substantial risk of death, disfigurement, or impairment of bodily functions.

"Physical neglect" means the failure to provide food, clothing, shelter, or supervision for a child to the extent that the child's health or safety is endangered. This also includes abandonment and situations where the parent or caretaker's own incapacitating behavior or absence prevents or severely limits the performing of child caring tasks pursuant to § 63.2-100 of the Code of Virginia.

"Physical restraint" means use of a physical intervention or "hands-on" hold to prevent an individual from moving his body when that individual's behavior places him or others at imminent risk.

"Placing agency" means the child-placing agency that placed the child with the licensee.

"Pre-service training" means the instruction received by providers during the initial approval process.

"Provider" means an individual approved as a resource, foster, adoptive, treatment foster, or short-term foster parent or family.

"Records" means the written information assembled in a file relating to the child-placing agency; staff; volunteers; child; child's family; and resource, foster, adoptive, treatment foster, and short-term foster family home providers.

"Resource parent" means an approved provider who is committed to support reunification and who is prepared to adopt the child if the child and family do not reunify.

"Seclusion" means the involuntary placement of a child alone in a locked room or secured area from which he is physically prevented from leaving.

"Serious incident reports" means a written report detailing the child's accidents or injuries that require medical attention beyond minor first aid care, criminal activity, and incidents requiring police intervention.

"Service plan" means a written document that describes the programs, care, services, and other support that will be offered to the child and his parents and other prior custodians pursuant to § 16.1-281 of the Code of Virginia.

"Sexual abuse" means any act of sexual exploitation or any sexual act upon a child in violation of the law that is committed or allowed to be committed by the child's parents or other persons responsible for the care of the child pursuant to § 63.2-100 of the Code of Virginia.

"Short-term foster care" means a licensee-offered service that is designed to provide crisis or alternate planned-support relief for up to 30 consecutive calendar days to resource, foster, adoptive, or treatment foster family home providers or biological families through substitute care placement arrangements for children. The substitute-care placement environments used shall be limited to provider home environments that have been approved.

"Special needs" means (i) a physical, mental, or emotional condition existing prior to adoption; (ii) hereditary tendency, congenital problem, or birth injury leading to substantial risk of future disability; or (iii) individual circumstances of the child related to age, racial, or ethnic background or close relationship with one or more siblings. A child with special needs is any child for whom it has been determined unlikely that he will be adopted within a reasonable period of time due to one or more of the factors described in clause (i), (ii), or (iii) of this definition and the child is in the custody of a local board or licensed child-placing agency. A special needs child includes children who have factors described in clause (i) and (ii) of this definition present at the time of adoption but not diagnosed until after entry of the final order of adoption and no more than one year has elapsed.

"State Board" means the State Board of Social Services.

"Treatment" is the coordinated provision of services and use of professionally developed and supervised interventions designed to produce a planned outcome in a person's behavior, attitude, emotional functioning, or general condition.

"Treatment foster care" is a community-based program where services are designed to address the special needs of children and families. Services to children are delivered primarily by treatment foster parents who are trained, supervised, and supported by child-placing agency staff. Treatment is primarily foster family based and is planned and delivered by a treatment team. Treatment foster care focuses on a continuity of services, is goal directed and results oriented, and emphasizes permanency planning for the child in care.

"Treatment foster parent" means a provider, approved by the licensed or certified child-placing agency, who is trained to provide treatment foster care services.

"Treatment team" means the group that provides mutual support; evaluates treatment; and designs, implements, and revises the treatment and service plan. Treatment team members are persons directly involved with the child and shall, unless otherwise indicated, consist of the child; professional child-placing agency staff; other professionals; the child's family members, where appropriate; and the treatment foster parents.

"Youth" means persons between the ages of 16 and 18 years who are in foster care and persons between the ages of 18 to 21 years who are former foster care children and are transitioning from foster care to self-sufficiency.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; amended, Virginia Register Volume 34, Issue 2, eff. October 19, 2017.

22VAC40-131-20 Scope and applicability

This regulation shall apply to child-placing agencies as defined in § 63.2-100 of the Code of Virginia and in 22VAC40-131. It shall specifically apply to the following:

Licensed child-placing agencies that provide foster care services as stipulated in this chapter. Specific sections also apply to or impact the foster parents approved by them;
Licensed child-placing agencies that provide adoption services as stipulated in this chapter. Specific sections also apply to or impact the adoptive applicants;
Licensed child-placing agencies that provide interstate or intercountry services as stipulated in this chapter;
Licensed child-placing agencies that provide independent living arrangements as stipulated in this chapter;
Licensed child-placing agencies that provide treatment foster care case management services as stipulated in this chapter. Specific sections also apply to or impact the treatment foster parents approved by them; and
Local departments of social services certified by the department to provide treatment foster care case management services as stipulated in this chapter. Specific sections apply to or impact the treatment foster parents approved by them.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Part II Organization and Administration

22VAC40-131-30 Sponsorship

Each licensed child-placing agency shall have a clearly identified sponsor. The sponsor may be an individual, corporation, partnership, association, limited liability company, trust, business trust, or any other legal entity recognized by the Virginia State Corporation Commission.

An individual sponsoring a child-placing agency shall serve as the licensee and shall have the legal and operational responsibility for the child-placing agency. The individual shall have knowledge and experience in the programs and services the child-placing agency offers.
A partnership sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The partners shall have a written partnership statement of agreement clearly delineating the responsibilities of each partner in the operation and maintenance of the licensed child-placing agency. When a partner is responsible for any of the operational responsibilities, he shall have knowledge of and experience in the programs and services offered by the child-placing agency.
An association sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The association shall have a governing board that shall maintain the legal and operational responsibility for the licensed child-placing agency. The association shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the licensed child-placing agency; and

b. A written constitution or bylaws that delineate responsibilities for the operation and maintenance of the licensed child-placing agency.

A corporation sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The corporation shall have a governing board that shall maintain the legal and operational responsibility for the licensed child-placing agency. The corporation shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the licensed child-placing agency;

b. A certificate of incorporation issued by the Virginia State Corporation Commission or, for corporations formed under the laws of a jurisdiction other than Virginia, a certificate of authority to transact business in the Commonwealth; and

c. Articles of incorporation that specify that at least one purpose of the corporation is to operate a licensed child-placing agency.

A limited liability company sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The limited liability company shall have a list of the names and addresses of each member of the company. The members shall maintain the legal and operational responsibility for the licensed child-placing agency. The limited liability company shall have:

a. At least one member serving on the board who has knowledge of and experience in the programs and services offered by the child-placing agency;

b. A certificate of organization issued by the Virginia State Corporation Commission or, for limited liability companies formed under the laws of a jurisdiction other than Virginia, a certificate of registration to transact business in the Commonwealth; and

c. Articles of organization that specify that at least one purpose of the limited liability company is to operate a licensed child-placing agency.

A business trust sponsoring a child-placing agency shall serve as the licensee for the child-placing agency. The business trust shall have a list of the names and addresses of each trustee and beneficial owners of the trust. The trustee shall maintain the legal and operational responsibility for the licensed child-placing agency and the trustee must have knowledge and experience in the programs and services the child-placing agency offers. The business trust shall have articles of trust that specify at least one purpose of the trust is to operate a licensed child-placing agency.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-40 Licensee

A. The licensee shall ensure compliance with all regulations for licensed child-placing agencies and terms of the current license issued by the department; and with relevant federal, state, or local laws and relevant regulations.

B. The licensee shall comply with its own policies and procedures.

C. The licensee shall be of good character and reputation as defined in 22VAC40-80-10.

D. The licensee shall meet the requirements specified in 22VAC40-191, Background Checks for Child Welfare Agencies.

E. The licensee shall meet the requirements specified in 22VAC40-80, General Procedures and Information for Licensure.

F. The licensee shall maintain sufficient funds to ensure operation in compliance with this chapter.

G. The licensee shall ensure that the child-placing agency makes and maintains such records and other information as required by this chapter. The licensee shall submit, or make available for inspection to the department's representative, records, reports, and other information as necessary to assist the department in determining the licensee's compliance with this chapter and applicable law.

H. The licensee shall allow the department's representative to interview the licensee's employees and individuals under its custody, control, direction, or supervision.

I. The licensee shall at all times allow the department's representative reasonable opportunities to conduct announced and unannounced inspections of the licensee's approved homes.

J. The licensee shall:

Correct any areas of noncompliance found during inspections;
Take necessary actions to prevent reoccurrence of noncompliance; and
Make and implement necessary revisions to its policies and procedures.

K. The licensee shall not disseminate, or cause directly or indirectly to be disseminated, statements regarding services that are untrue, deceptive, or misleading.

L. The licensee shall ensure that information, brochures, and materials distributed or available to the public contain accurate and updated information.

M. The licensee shall maintain ultimate responsibility for the health, safety, and well-being of children under its custody, control, and direction and shall ensure that an on-call licensee representative is available 24 hours a day 7 days each week to receive contacts from foster parents, children, and other staff of placement settings in which children have been placed by the licensee. The licensee shall provide interventions and follow-up services, as necessary.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; amended, Virginia Register Volume 29, Issue 21, eff. July 17, 2013.

22VAC40-131-50 Office settings and conditions

A. The licensee shall maintain an office within the Commonwealth of Virginia from which the child-placing activities are conducted.

B. The licensee shall ensure that the office from where child-placing activities are conducted has equipment, supplies, and adequate space for:

The safekeeping of records;
Protection of confidential information;
Affording privacy during interviews and conferences; and
Allowing families and children the use of rooms for visitation.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-60 Posting of the license

The licensee shall post the most recently issued license to operate in each licensed Virginia office location where child-placing activities are performed, including branch office locations. The license shall be posted near the entrance of each office location.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-70 Conflict of interest

A. The governing board of the licensee shall not have a board member who is:

An applicant for adoption services; or
A recipient of adoption services until the final order of adoption is entered.

B. No biological parent of a child currently placed by the licensee shall serve as a member of the licensee's governing board.

C. No provider applicant shall serve as a member of the licensee's governing board.

D. A member of the licensee's governing board who is also a foster parent for the licensee shall not vote on issues related to foster care policy and procedure.

E. The licensee shall not provide foster care services to its child-placing agency staff members.

F. The licensee shall not accept an application for adoption from or provide adoption services to any of its staff or governing board members.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-80 Licensed capacity and maximum caseload numbers

A. The licensee shall include in the child-placing agency's caseload and capacity count all children to whom supervision is provided. The supervised children may be placed directly by the licensee or through arrangement or negotiation with another licensed child-placing agency in one of the following settings:

A resource home;
A foster home;
An adoptive home prior to the final order of adoption;
A treatment foster home;
A short-term foster home;
An independent living arrangement; or
A licensed children's residential facility.

B. The total approved caseload numbers served by the licensee at any given time shall not exceed the following:

Except for licensees that provide treatment foster care, the maximum caseload restrictions shall apply:

a. A full-time caseworker shall serve no more than 25 children at any one time.

b. Trainees:

(1) A beginning trainee shall serve no more than 10 children at any one time until such time that he has reached his first year anniversary with the licensee; and

(2) A one year experienced trainee shall serve no more than 15 children at any one time until such time that he has reached his second year anniversary with the licensee.

c. The caseload of a less than full-time caseworker shall be proportional to the time spent providing casework services to the licensee.

For treatment foster care, the total caseload shall be the sum of the following:

a. A full-time caseworker shall have a maximum caseload of 12 children. However, the caseload shall be adjusted downward if:

(1) The caseworker's job responsibilities exceed those listed in caseworker's job description; or

(2) The difficulty of the children served requires more intensive supervision and training of the treatment foster parents.

b. The caseload of a less than full-time caseworker shall be proportional to the time spent providing casework services to the licensee.

c. Trainees:

(1) A beginning trainee shall serve no more than six children at any one time until such time that he has reached his first year anniversary with the licensee.

(2) A one year experienced trainee shall serve no more than nine children at any one time until such time that he has reached his second year anniversary with the licensee.

Student interns: There shall be a maximum of three children in a caseload for a student intern, if any student intern works with the licensee.

C. For licensees that serve both foster care and treatment foster care populations, the licensee shall first consider caseload downward adjustment criteria as specified in subdivisions B 2 a (1) and (2) of this section, and if the criteria does not apply to the caseworker's caseload under consideration, then the licensee shall ensure that the caseworker serving the mixed populations provide services to a maximum of 15 total children, and no more than 10 of those 15 children are served in treatment foster care.

D. The licensee shall include the following children in the capacity count:

A child in the custody of the licensee;
A child for whom an interlocutory order has been entered and still awaits a final order of adoption to be entered; and
A child not in the licensee's custody whose placement is supervised by the licensee.

E. Caseloads shall be reviewed and updated, as appropriate, annually to reflect the time and work necessary to effectively manage each foster or treatment foster care case.

History

Statutory Authority: §§ 63.2-217, 63.2-1701, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; Errata, 28:12 VA.R. 1037 February 13, 2012; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-131-90 Policy and procedures

A. The licensee shall develop and implement written policy and procedures governing the plans for active and closed cases. The plan shall address the following:

Procedures the licensee will follow should the licensee cease operations, including:

a. Disposition of children in placement at the time of cessation, including procedures for assisting placing agencies in placing children; and

b. Notification to the placing agency, legal guardian, and the department of the licensee's closing; and

Disposing and storing active and closed case files, both written and electronic, on the children and providers. The disposition and storage schedule shall be consistent with requirements for local governments contained in the Library of Virginia's Record Retention and Disposition Schedule General Schedule No. 15 - County and Municipal Governments Social Services Records (May 2010).

B. The licensee shall develop and implement written admission policies and procedures for child-placing activities in each program provided by the licensee. The policies and procedures shall include:

A description of intake and admission processes and requirements;
Decision-making procedures for acceptance, matching, placement, and discharge from care; and
A statement that children with disabilities will be accepted for admission if the needs of the child can be reasonably accommodated.

C. The licensee shall develop and implement policies and procedures governing the licensee's responsibility to monitor the administration of medications by foster parents to ensure that foster parents:

Properly administer medication as prescribed to children placed in their home;
Have knowledge of intended and adverse side effects of medication prescribed;
Have knowledge about and take necessary actions when placed children experience adverse reactions to medication including notifying the licensee when such occurs; and
Have knowledge of methods for proper, safe, and secure storage; retention; and disposal of medications.

D. The licensee shall develop and implement written policies and procedures for:

Prohibiting corporal punishment, chemical and mechanical restraints, and seclusion;
Ensuring that children are not subjected to physical, mental, or sexual abuse; verbal abuse or remarks that belittle or ridicule the child or his family; physical neglect or denied essential program or treatment services, meals, clothing, bedding, sleep, or personal care products; or any humiliating, degrading, or abusive actions;
Investigating, responding to, and reporting allegations of misconduct toward children, including reporting suspicions of child abuse or neglect to the local department of social services or the Child Abuse and Neglect Hotline;
Implementing the child's detailed back-up emergency care plan when the child's placement disrupts; and
Assigning designated casework staff to be available on call to foster parents 24 hours a day, 365 days a year.

E. The licensee shall develop and implement written policies and procedures for management of all records, written and electronic, that shall describe confidentiality, accessibility, security, and retention of records pertaining to the files of children, applicants for home provider, and approved home providers.

F. The licensee shall develop and implement written discharge policies and procedures governing children's planned and emergency discharges from the licensee's program and services.

G. The licensee shall develop and implement written policies and procedures governing foster parent's use of physical restraint. The policies and procedures shall include:

A description of all less intrusive behavior support and crisis management techniques approved by the licensee for use by foster parents;
A description of methods of restraint approved by the licensee;
A description of training required to be completed prior to use of each method of physical restraint;
A description of the licensee's method for determining that the foster care parent has the ability to apply the licensee's approved methods of physical restraint and crisis intervention;
A statement prohibiting the use of mechanical and chemical restraint for the purpose of behavior support; and
A statement prohibiting the use of seclusion of a child in a room or area secured by a door that is locked or held shut or secured by individuals physically blocking the door or using other physical or verbal means to block the door so that the child cannot leave the room or area.

H. The licensee shall develop and implement written policy and procedures to address the following:

Acceptable methods of behavior support; and
Specific unacceptable methods for behavior control and discipline.

I. The licensee shall have and implement licensee-approved written personnel polices including procedures to assure that persons employed in or designated to assume the responsibilities of each position possess the education, experience, knowledge, skills, and abilities specified in the job description for the position.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-100 Program evaluation and improvement

A. The licensee shall develop and implement a written plan to monitor and evaluate the quality and effectiveness of its program and services on a systematic and on-going basis. If evaluation findings suggest that improvements be made to the licensee's programs and services, the licensee shall implement necessary improvements.

B. The evaluation plan shall describe:

Methods for collection, summarization, and analysis of information and data;
Who has access to the information used for evaluation and how the information will be used; and
Quality indicator factors for assessing the effectiveness of the services provided.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-110 Received date for materials

All materials and information received by the licensee shall indicate the date received.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Part III Personnel

22VAC40-131-120 Access to written personnel policies

The licensee shall make the child-placing agency's written personnel policies readily accessible to each staff member.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-130 Job descriptions

A. There shall be a written job description for each position that includes:

Job title;
Duties and responsibilities of the incumbent;
Job title of the immediate supervisor; and
Minimum education, experience, knowledge, skills, and abilities required for entry-level performance of the job.

B. A copy of the job description shall be given to each person assigned to a position at the time of employment or assignment to the position.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-140 Staff composition and qualifications

A. A staff member shall be designated to perform each function described in this chapter.

B. A person who assumes or is designated to assume the responsibilities of a position or any combination of positions described in this chapter shall meet the qualifications of each position held.

C. Executive director.

Each licensee shall appoint an executive director. An entity such as a corporation or company shall not serve as the executive director.
Each licensee shall delegate to the executive director the responsibilities for the general administration and day-to-day operation of the child-placing agency including implementation of all child-placing agency programs, policies, procedures, and financial management.
The executive director shall have a doctorate or master's degree from an accredited college or university plus five years of experience in a social service agency or program including one year in an administrative, supervisory, or consultative capacity.

D. Program director.

The program director shall:

a. Supervise directly or through others all child‑placing staff and activities; and

b. Assist the executive director in the formulation and implementation of the agency's policies and programs related to child placing and in the specific program area in which he works.

The program director shall have either a doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education plus three years of experience in providing casework services to children and their families and one year as an administrator or supervisor of casework services.
If the program director does not have a doctorate or master's degree in social work, he shall have a doctorate or master's degree in a field related to social work such as, but not limited to, sociology, psychology, special education, or counseling; and at least four years casework service experience with children and families, two of which must be in providing casework services to children and families in a child-placing agency and one year of experience must be as an administrator or supervisor of casework services.

E. Child‑placing supervisor.

A child-placing agency employing six or more caseworkers shall employ a child‑placing supervisor.
The child-placing supervisor shall be responsible for direct supervision of caseworkers.
Each child-placing supervisor shall supervise no more than a total of eight caseworkers at any one time.
The child-placing supervisor shall have:

a. A doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education plus three years of experience in providing casework services to children and families;

b. A doctorate or master's degree in a field related to social work such as, but not limited to, sociology, psychology, special education, or counseling with at least four years of experience in providing casework services to children and families in a child-placing agency; or

c. A baccalaureate degree in any field plus five years of experience in providing casework services to children and families.

F. Case worker.

Responsibilities of the caseworker include:

a. Interviewing children and families;

b. Conducting and writing home studies;

c. Service planning by developing individualized treatment and service plans;

d. Counseling children and families in preparation for placement or discharge;

e. Supervising children in resource, foster, and adoptive homes; and in independent living arrangements;

f. Preparing and maintaining case records;

g. Coordinating services to minimize fragmentation of care, reduce barriers, and link children with appropriate services to ensure comprehensive, continuous access to needed medical, social, educational, and other services appropriate to the needs of the child;

h. Assessing periodically to determine the child's needs for psychosocial, nutritional, medical, and educational services;

i. Coordinating referrals by assisting the child in arranging for appropriate services and ensuring continuity of care for a child in treatment foster care. The case worker shall link the child to services and supports specified in the individualized treatment and service plan. The case worker shall directly assist the child to locate or obtain needed services and resources. The case worker shall coordinate services and service planning with other agencies and providers involved with the child by arranging, as needed, medical, remedial, and dental services;

j. Monitoring and following up by assessing ongoing progress in each case and ensuring services are delivered. The case worker shall continually evaluate and review each child's plan of care. The case worker shall collaborate with the family assessment and planning teams and other involved parties on reviews and coordination of services to children and their families;

k. Educating and counseling by guiding the child and developing a supportive relationship that promotes the service plan; and

l. Collaborating closely with the family assessment and planning teams and other involved parties in preparation of all case plans.

The case worker shall have:

a. A doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education or a field related to social work such as sociology, psychology, special education, or counseling, with a student placement in casework services to children and families or one year of experience in providing casework services to children and families;

b. A baccalaureate degree in social work or a field related to social work including, but not limited to, sociology, psychology, special education, or counseling and one year of experience in providing casework services to children and families; or

c. A baccalaureate degree in any field plus two years experience in providing casework services to children and families.

G. Case worker trainee. When a child-placing agency employs a casework trainee, all of the following conditions shall be met:

The trainee shall have a baccalaureate degree in any field;
The program director or a child-placing supervisor shall directly supervise the trainee and develop a written training program listing topics to be covered during the period of time the individual is a trainee; and
Placement decisions made by the trainee shall be approved by the supervisor.

H. Students or interns receiving professional training.

If the licensee's child-placing agency provides professional training to undergraduate or graduate students or interns, it shall have a written plan for their selection, orientation, training, supervision, assignment, and evaluation.
An individual with a doctorate degree or a master's degree in social work from a college or university accredited by the Council on Social Work Education shall supervise students or interns who perform child‑placing activities and approve all placement decisions made by the student or intern.
The licensee's child-placing agency shall not be wholly dependent upon the use of students or interns receiving professional training to ensure the provision of services.

I. Volunteers.

The child-placing agency shall, if it makes use of volunteers, have a written plan for selection, orientation, training, supervision, and assignment.
Staff who usually supervise or perform the assigned tasks shall supervise volunteers.
When the volunteer is used to perform any staff function or responsibility, the volunteer shall meet the qualifications for the function or responsibility performed.
The licensee's child-placing agency shall not be wholly dependent upon the use of volunteers to ensure the provision of services.

J. Consultants. All consultants engaged to provide services to the licensee's child-placing agency or to children and their families served by the child-placing agency shall be professionally qualified according to the requirements of the Code of Virginia governing professions.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-150 Staff development

A. Any staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families shall participate in orientation and training.

B. Required initial orientation:

Prior to assuming the responsibilities of his position in the licensee's child-placing agency and within 30 days of the date of employment, each staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families shall receive orientation that includes:

a. The licensee's description of programs and services including population served;

b. The applicable position job descriptions for each position assumed by the individual; and

c. All training topics identified by the licensee including:

(1) Policies and procedures regarding expectations for service delivery;

(2) Practices regarding protection of confidential information;

(3) Documentation protocols;

(4) The Standards for Licensed Child-Placing Agencies (22VAC40-131), child-placing related Virginia statutes, and child-placing related policy and guidance documents and broadcasts issued by the Division of Family Services, Department of Social Services;

(5) Virginia statutes regarding reporting requirements for suspected child abuse and neglect;

(6) Prohibition of corporal punishment;

(7) The licensee's policies regarding discipline and behavior management;

(8) Pre-service training core competencies for resource, foster, and adoptive family home providers; and

(9) The licensee's emergency preparedness and response plan.

Child-placing agencies licensed to provide treatment foster care shall provide additional training to each professional staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families. The training shall be provided prior to that staff member assuming the responsibilities of his position and within 30 days of the date of his employment. The training shall include:

a. The licensee's treatment philosophy and specific treatment methodologies including the provision of case management services and crisis intervention techniques;

b. The current requirements of the Department of Medical Assistance Services related to the provision of treatment foster care case management services, if the licensee accepts Medicaid reimbursements for case management services;

c. Orientation in effectively working with children who have emotional and behavioral problems and who may have been abused and neglected;

d. Procedures and requirements regarding foster care placements;

e. Services to children and their families;

f. Services to foster parents;

g. Assessment and evaluation of foster homes;

h. Training of foster home parents;

i. Grief and loss issues for children in foster care, including the significance of birth families to children placed in foster care;

j. Orientation to life skill preparedness for children in foster care; and

k. Orientation to permanency planning and goal setting for children in foster care.

Agencies licensed to provide adoption services shall provide additional training to each professional staff person. The training shall be provided prior to that staff assuming the responsibilities of his positions in the child-placing agency and within 30 days of the date of his employment. The training shall include:

a. Procedures and requirements regarding adoption placement including intercountry adoptions if the child-placing agency is licensed to provide intercountry adoption services;

b. Services to birth and adoptive parents;

c. Assessment and evaluation of adoptive homes;

d. Services to children, including grief and loss issues;

e. Provision of post adoption services to families and adoptees; and

f. Current requirements of the Hague Adoption Convention, if applicable.

Child-placing agencies licensed to provide foster care services shall provide additional training to each casework staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families. The training shall be provided prior to that staff person's assuming the responsibilities of his positions in the child-placing agency and within 30 days of the date of his employment. The training shall include:

a. Procedures and requirements regarding foster care placements;

b. Services to children and their families;

c. Services to foster parents;

d. Assessment and evaluation of foster homes;

e. Training of foster home parents;

f. Grief and loss issues for children in foster care, including the significance of birth families to children placed in foster care;

g. Orientation to life skill preparedness for children in foster care; and

h. Orientation to permanency planning and setting goals for children in foster care.

C. Professional staff shall participate in the child-placing agency's pre-service training for adoptive and foster parents. Each professional staff person shall complete this training within one year of the date of his employment with the child-placing agency.

D. Additional on-going education and training.

Annually each professional staff person shall complete training applicable to his job duties and responsibilities.
Training shall be based on the needs of the population served to ensure that staff persons have competencies to perform their jobs.

E. All orientation and training completed by a staff person shall be documented in a child-placing agency-managed file.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-160 Personnel records

A. Separate up-to-date written or electronic personnel records shall be maintained for each staff person, student/intern, and volunteer for whom background checks are required by Virginia and federal law. Content of personnel records for volunteers and students/interns may be limited to documentation of compliance with requirements of background checks.

B. The records of each staff person shall include:

A completed employment application form or other written material providing the individual's name, address, and phone number;
Educational background; copies of educational degrees and credentials; and relevant work experience, providing dates, places of employment, and details substantiating qualifications required by this chapter;
At least two written references, notations of oral references, or record of interviews with references;
Copies of professional licensure when licensure is required by law;
Annual performance evaluations;
Date of employment for each position held with the licensee;
Date of separation for each position held with the licensee;
Documentation of compliance with requirements of Virginia and federal laws regarding background checks;
Documentation of all training required by these standards; and
A current job description.

C. Personnel records shall be retained in their entirety for at least two years after separation from employment, contractual service, student/intern, or volunteer service.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Part IV Program Statement

22VAC40-131-170 Program statement and description

A. The licensee shall maintain a current written program statement for child-placing activities that shall include a description of:

The purpose of each program provided by the licensee including, as applicable, foster care services; short-term foster care services; treatment foster care services; independent living arrangements; independent living services; and all categories of adoption services, including domestic, intercountry, and parental placement;
The population to be served in each program provided by the licensee including, as applicable, foster care services; short-term foster care services; treatment foster care services; independent living arrangements; independent living services; and all categories of adoption services, including domestic, intercountry, and parental placement;
Services provided to:

a. Adult adopted persons, if the licensee provides adoption search services;

b. Children and families served by the licensee, and including, as applicable, birth families, foster families, and adoptive families;

c. Children placed in independent living arrangements and, if the licensee provides services to the families of those placed children, a description of the services provided to the families; and

d. Persons 18 years of age to 21 years of age who receive independent living services;

Adoption services provided to children, birth families, and adoptive families prior to the final order of adoption, if the child-placing agency is licensed to provide adoption services;
Preadmission eligibility requirements for children to be served by each program provided by the licensee;
Procedures for conducting the home study and the decision-making process for approval and selection of families to receive children;
Procedures for placement of children and discharge of child from care or services;
Intercountry services and identification of the licensee's roles and responsibilities regarding the provision of services, if the licensee is licensed to provide intercountry adoption services;
Parental placement adoption services and identification of the licensee's roles and responsibilities regarding the provision of services, if the licensee is licensed to provide parental placement adoption services;
Orientation and training the licensee provides to families;
Policy related to the fees for activities and services provided by the licensee; and
Procedures for accepting emergency and short-term foster care placements. If such services are not provided by the licensee, the program statement shall identify that the licensee does not accept these placements.

B. The licensee shall prohibit acts of discrimination based on race, color, or national origin to:

Delay or deny a child's placement; or
Deny an individual the opportunity to become a foster or adoptive parent.

C. The licensee shall give a copy of either (i) the full program statement and description or (ii) a summary of the statement and description to agencies and individuals who inquire about the services provided by the licensee.

D. When changes and updates to the program statement and description are made, the licensee shall provide a copy of the updated statement to the department.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Part V Provider Homes

22VAC40-131-180 Home study requirements

A. The licensee shall require that all persons applying to be a resource, foster, adoptive, treatment foster care, or short-term foster care family home provider submit to the licensee a complete application containing elements required by this regulation and in accordance with requirements prescribed by the department.

B. Upon receipt of a provider application, the licensee shall review the application for completeness and notify the applicant of the status of the application.

C. Upon the licensee's determination that the provider application is complete, the licensee shall begin the process of gathering and assessing information for use in the final decision related to whether the applicant and home meets all required elements for approval.

D. The licensee shall conduct a minimum of three face-to-face interviews on three separate days with each applicant.

E. At least one of the face-to-face interviews shall be conducted in the home of the applicant and, if there are two applicants, at least one face-to-face interview shall be conducted with both applicants present.

F. At least one face-to-face interview shall be conducted with all individuals who reside in the home of the applicant.

G. The licensee shall obtain and document a minimum of three references on each applicant from persons who have knowledge of the applicant's character, his applicable experience with children, and his experience in caretaking of others. At least one reference shall be from a nonrelative.

H. The licensee shall obtain from the applicant information regarding previous applications submitted to another public or private child-placing agency and whether as a result of the previous applications, he was approved by another public or private child-placing agency as a provider.

I. The licensee shall obtain from the applicant a signed authorization allowing the previous child-placing agency to release information to the licensee about previous applications, his child-caring performance as an approved provider, and current status as a provider. The signed authorization and information received shall be filed and maintained in the applicant's file.

J. The home study conducted by the licensee shall be documented in the file of the applicant and shall include the following components:

All department-required information including:

a. Sworn disclosure statement or affirmation, results of background checks in compliance with applicable state and federal laws;

b. Tuberculosis screenings in compliance with requirements of the Virginia Department of Health for the applicant and all other household members who come into contact with the children as described in 22VAC40-131-290 K; and

c. Driving records obtained from the Department of Motor Vehicles for the applicant and all adults who are expected to transport children.

A combination of narrative documentation and other data collection formats, including:

a. Dated signatures of:

(1) The individual who completed the home study; and

(2) The licensee's executive director or his designee.

b. Demographic information including:

(1) Age of applicant;

(2) Marital history and status, including verifications of provider couple's marriages and divorces; and

(3) Family composition and history.

c. Financial information listed in subdivisions (1), (2), and (3) of this subdivision is required for all applicants except those individuals applying solely to provide short-term foster care:

(1) Employment history of the applicant;

(2) Assets and resources of applicant; and

(3) Debts and obligations of applicant.

d. A list of the names and roles of each individual involved in completing the home study.

e. Narrative documentation shall include dates and a summary of content information from interviews, references, observations, and other available information. The collective information shall be used to assess the applicant and document that the applicant:

(1) Is knowledgeable about care necessary for children;

(2) Is physically and mentally capable of providing the necessary care for children as described in 22VAC40-131-290 L and M;

(3) Has an understanding of the importance of establishing and enforcing rules to encourage desired behavior and discourage undesired behavior;

(4) Understands he is prohibited from using any form of corporal punishment on the child and also prohibited from giving permission to others to use any form of corporal punishment on the child;

(5) Is able to articulate a reasonable process for managing emergencies and ensuring the adequate care, safety, and protection of children;

(6) Expresses attitudes that demonstrate the capacity to love and nurture a child or youth born to someone else;

(7) Expresses appropriate motivation for reasons to foster or adopt;

(8) Shows stability in all household relationships;

(9) Has the financial resources to provide for current and on-going household needs and maintenance of the family; and

(10) Has in-force vehicle liability insurance, if he will transport children.

f. Documentation that the home complies with the standards for the home as required by 22VAC40-131-190.

g. A confidentiality statement signed and dated by the applicant.

K. The results of background checks received by the licensee shall be maintained in the respective applicant's file.

L. The licensee shall not further disseminate results of background investigation information unless permitted to do so in accordance with state and federal laws.

M. Prior to making a decision on the applicant, the licensee shall consider all information received about an applicant.

N. The licensee shall document an addendum to the home study when any significant change or circumstance impacts the conditions of the original approval. Unless such change or circumstance affects the safety or well-being of the children placed in the home, the original approval period for the provider shall remain in effect.

O. A home study conducted for the purpose of parental placement or placement of a child by the licensee shall remain valid for a period of 36 months from the approval date of the study. For adoption cases, before finalization of an adoption in which more than 18 months have passed since the completion date of the study, the licensee may obtain additional state criminal background checks on the applicants and all other adults living in the home of the applicant.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-190 Home environment

A. The home shall provide sufficient appropriate space and furnishings for each child receiving care in the home including:

Storage space to keep clothing and other personal belongings;
Accessible basin and toilet facilities;
Bed furniture equipped with clean, safe, and comfortable sleeping furnishings;
Sleeping space on the first floor of the home for a child unable to use stairs unassisted, other than a child who can be easily and safely carried; and
Space for recreational activities.

B. Fans or other cooling systems shall be used when the temperature of inside areas occupied by children in care exceeds 80° F.

C. The temperature in all inside areas occupied by children in care shall be maintained no lower that 65° F.

D. Rooms and study space used by children in care shall have adequate and sufficient lighting for activities and safety.

E. The provider and children in care shall have access to a working telephone in the home.

F. Multiple children in care who share a bedroom shall have adequate space including closet and storage space. Bedrooms shall have adequate square footage for each child in care to have personal space.

G. Children in care over the age of two years shall not share a bed.

H. Children in care over the age of two shall not share a bedroom with an adult unless the child's needs, disabilities, or other specified conditions warrant the sharing of bedroom space and the licensee has approved a specific plan to allow the sharing of the bedroom with the adult.

I. No child in care shall share a bed with an adult.

J. A child in care over the age of three years shall not sleep in the same bedroom with children of the opposite gender.

K. Children in care under the age of seven or children in care with significant and documented cognitive or physical disabilities shall not use the top bunk of bunk beds.

L. The bedrooms of children in care shall not be used as passageways and shall have doors for privacy.

M. The home shall be clean, in good repair, and free of hazards to the health and safety of children in care.

N. The grounds around the home shall be safe, properly maintained, free of litter and debris, and present no hazard to the safety of children in care.

O. The provider shall have a written emergency preparedness and response plan developed that addresses:

How to shelter in place, when the emergency situation requires for sheltering in place;
How to evacuate, if evacuation is necessary;
Prompt notification to the licensee of location and contact information when evacuation becomes necessary;
Where the provider plans to relocate when the emergency warrants a large scale community evacuation;
How the provider plans to maintain the safety and meet the needs of the child at all times during an emergency;
Procedures to ensure that the plan is reviewed with each placed child; and
Plans to rehearse the plan with each child at least one time every six months.

P. Approved providers and independent living arrangement settings shall arrange for responsible adults to be available to serve in the caretaker's role in case of emergencies. Any substitute caretaker arrangements necessary for a planned or long-term absence of the provider shall require the licensee's prior approval.

Q. All homes shall have at least one operable smoke detector.

R. Possession of any weapons, including firearms, in the home or independent living arrangement shall comply with federal and state laws and local ordinances.

Any firearms and other weapons shall be unloaded and stored with the weapon's safety mechanisms activated in a locked closet or cabinet.
Ammunition shall be stored in a locked location separate from the weapon.
The key or combination to the locked closet and cabinet shall at all times be maintained out of reach of all children in the home.

S. The applicant shall maintain documentation that household pets receive tests, inoculations, and licenses as required by law.

T. The applicant shall ensure that household pets are safe to be around children and that the pets present no health hazard to children in the home.

U. The applicant shall keep cleaning supplies and other toxic substances stored away from food and, as appropriate, out of reach of children and locked.

V. Except for medications that require refrigeration, all medications, prescription and nonprescription, shall be stored separately from food in a locked area out of reach of children. The applicant shall implement safety provisions for the storage of refrigerated medications.

W. The home shall have readily available basic first aid supplies for use in injuries and accidents.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-200 Initial approval or disapproval of home

A. Prior to the placement of a child in a home , the licensee shall:

Document that the applicants are at least 18 years of age;
Complete and document all required components of the home study, including the completion of orientation training;
Consider all information gathered when assessing the applicant's capabilities to care for children;
Determine that the home and provider meet the requirements to be approved;
Ensure that approved providers have received necessary training for the types of children they will receive; and
Make available to the provider information necessary for the provider to make an informed decision as to whether a particular child is appropriate for them.

B. When the licensee determines that the prospective provider and the home meet the requirements for approval, the licensee shall document the type of approval. Nothing in this chapter shall prohibit the provider from being approved to serve multiple roles as a resource, foster, adoptive, treatment foster, or short-term foster parent unless the provider desires not to serve as a resource parent. If the provider chooses, the licensee shall allow the provider to be approved as a foster parent, adoptive parent, or short-term foster parent. Providers approved as treatment foster care parents shall have successfully completed specific and additional treatment foster care training as required by this chapter.

C. The licensee shall recommend approval or disapproval based on careful assessment of the requirements for providers specified in this chapter including information received through the home study process, the applicants' participation in the home study process, and in any orientation and pre-service training.

D. The decision to approve or disapprove the applicant shall be made in consultation with the child-placing supervisor, and the date of the decision shall be recorded in the applicants' record.

E. Within seven business days of the decision of approval or disapproval of an applicant, the licensee shall notify the applicant in writing of the decision.

F. If home approval is recommended, the licensee shall document:

The age and gender of children who can be placed in the home; and
The basis for the approval recommendation.

G. Following approval of an applicant, the licensee shall issue a certificate of approval to the provider and maintain a copy of the certificate in the provider's file. The certificate shall address each of the following:

Type of family home approval (resource, foster, adoptive, treatment foster care, short-term foster care, or a combination of types);
Issuance and expiration dates for the approval;
Gender, age, and number of children recommended for placement in the home; and
The signatures and titles of the individuals approving the home.

H. Following approval of an applicant, the licensee shall provide the following services and requirements:

The licensee shall provide on-going training for each provider.
The licensee shall supply the provider with written procedures for handling emergencies during and outside the child-placing agency's regular office hours.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-210 Provider training and development

A. The licensee shall ensure that pre-service training is provided for resource, foster, treatment foster, and adoptive family home providers. This training shall be consistent with the licensee's program statement and description required by 22VAC40-131-170 A and include, as applicable, the following core competencies:

Factors that contribute to neglect, emotional maltreatment, physical abuse, and sexual abuse, and the effects thereof;
Conditions and experiences that may cause developmental delays and affect attachment;
Stages of normal human growth and development;
Concept of permanence for children and selection of the permanency goal;
Reunification as the primary child welfare goal, and the process and experience of reunification;
Importance of visits and other contacts in strengthening relationships between the child and his birth family, including his siblings;
Legal and social processes and implications of adoption;
Support of older youth's transition to independent living;
The professional team's role in supporting the transition to permanency and preventing unplanned placement disruptions;
Relationship between child welfare laws, the local department's mandates, and how the local department carries out its mandates;
Purpose of service planning;
Impact of multiple placements on a child's development;
Types of and response to loss, and the factors that influence the experience of separation, loss, and placement;
Cultural, spiritual, social, and economic similarities and differences between a child's primary family and foster or adoptive family;
Preparing a child for family visits and helping him manage his feelings in response to family contacts;
Developmentally appropriate, effective, and nonphysical disciplinary techniques;
Promoting a child's sense of identity, history, culture, and values;
Respecting a child's connection to his birth family, previous foster families or adoptive families;
Being nonjudgmental in caring for the child, working with his family, and collaborating with other members of the team;
Roles, rights, and responsibilities of foster parents and adoptive parents;
Maintaining a home and community environment that promotes safety and well-being; and
Methods of less intrusive behavior support, crisis management techniques, and physical restraint methods approved by the licensee.

B. As a condition of initial approval and renewals of approvals the licensee shall require each home provider to complete all required training. Training shall be relevant to the needs of children and families.

C. Receipt of training shall be documented in the home provider's file.

D. Each home provider shall receive additional training annually and at other times if determined to be necessary by the licensee.

E. The training shall be relevant to the needs of the children and families and may be structured to include multiple types of training modalities.

F. The licensee shall explain confidentiality requirements to home providers.

G. The licensee shall require home providers to keep confidential all information regarding the child, his family, and the circumstances that resulted in the child coming into care.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-220 Training and development for providers of short-term foster care

A. The licensee shall ensure that pre-service training is provided for short-term foster care providers. This training shall address but not be limited to the following core competencies:

Factors that contribute to neglect, emotional maltreatment, physical abuse, and sexual abuse, and the effects thereof;
Conditions and experiences that may cause developmental delays and affect attachment;
Reunification as the primary child welfare goal, and the process and experience of reunification;
Importance of visits and other contacts in strengthening relationships between the child and his birth family, including his siblings;
The professional team's role in supporting the transition to permanency and preventing unplanned placement disruptions;
Impact of multiple placements on a child's development;
Cultural, spiritual, social, and economic similarities and differences between a child's primary family and foster or adoptive family;
Preparing a child for family visits and helping him manage his feelings in response to family contacts;
Developmentally appropriate, effective, and nonphysical disciplinary techniques;
Maintaining a home and community environment that promotes safety and well-being;
Promoting a child's sense of identity, history, culture, and values;
Respecting a child's connection to his birth family, previous foster families or adoptive families; and
Being nonjudgmental in caring for the child, working with his family, and collaborating with other members of the team.

B. As a condition of initial approval and continued approvals the licensee shall require each home provider to complete all required training. Training shall be relevant to the needs of children and families.

C. Receipt of training shall be documented in the home provider's file.

D. Each home provider shall receive additional training annually and at other times if determined to be necessary by the licensee.

E. The licensee shall explain confidentiality requirements to home providers.

F. The licensee shall require home providers to keep confidential all information regarding the child, his family, and the circumstances that resulted in the child coming into care.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-230 Monitoring and re-evaluation of provider homes

A. When the licensee has placed a child in the approved provider's home, the licensee's representative shall visit the home as often as necessary but at least every 90 days to monitor the performance of the provider. These visits may coincide with the monthly visits to the child.

B. When an approved provider's home does not have any children placed in the home the licensee shall:

Monitor the home at least one time every 90 days by:

a. Visiting the approved provider in the home; or

b. Making direct telephone contact with the approved provider; and

If more than six months have elapsed since the last home visit date and the licensee is considering placing a child in the home, the licensee shall prior to placement of a child in the home make at least one monitoring home visit to evaluate and verify that the home remains in compliance with the requirements of this chapter.

C. Prior to the end of each 36-month approval period, the licensee shall re-evaluate the provider and assess all evaluation elements required for the initial home approval.

D. The licensee shall conduct the re-evaluation in the home of the approved provider with all providers present for the re-evaluation.

E. The re-evaluation process for approving a home shall include:

Interviewing the provider in his home at least once;
Reviewing the information the licensee used to make the last approval decision;
Completing all required background checks in accordance with applicable federal and state laws and regulations;
Obtaining the results of a new tuberculosis screening and documenting the absence of tuberculosis in a communicable form for the applicant and other household members who come in contact with children as described in 22VAC40-131-290 K;
Obtaining new signed agreements from the provider covering elements required for maintaining confidentiality of information and prohibition of the use of corporal punishment, including the prohibition of allowing others to use corporal punishment;
Considering and reassessing all new information received since the last home approval decision, including assessing in-service training completed by the provider;
Deciding the approval status of the provider; and
Providing an addendum to the home study to include any other information that has changed since the prior approval and the decision related to whether the provider is re-approved. The addendum shall contain all elements required by this chapter, be documented by a combination of narrative and other data collection formats, and contain the dated signatures of the individual completing the addendum and the licensee's director or his designee.

F. The licensee shall document the following for each re-evaluation conducted:

For each child placed since the last evaluation, a brief description of the child's adjustment to the family and the home;
The results of an evaluation of the providers' performance to include his:

a. Ability to relate to children;

b. Ability to help children reach their goals;

c. Skills in working with particular types of problems;

d. Ability to establish and maintain a consistent and stable environment for each child and including in this evaluation, the identification and resolution of problems or significant changes that occurred in the family since the last evaluation; and

e. Ability to work with the licensee and birth parents in meeting the needs of the child;

A description of the relationship between the child and each family member, including the names of the family members and, if any foster child or youth has been removed from the home, a description of the reasons the child was removed; and
The licensee's recommendations regarding continued use of the home, further training needs of the home provider and the age, gender, and number of children that the home can successfully handle.

G. Any approval, disapproval, suspension, or revocation of the provider shall be made in consultation with the child-placing supervisor or in a staff meeting, and the date of the decision shall be recorded in the provider's record.

H. For approved homes, the licensee shall document (i) the age and gender of children who can be placed in the home and (ii) the basis for the approval recommendation, and issue an approval certificate containing all elements required by this chapter.

I. If the re-evaluation process or home-monitoring activities result in the licensee's decision to suspend approval of a provider, the licensee shall:

Immediately remove the children from the home;
Send written notification to the provider of such decision no later than one week following the date the decision was made;
Place no children in the home until such time that the provider:

a. Resolves all issues that led to suspension; and

b. Demonstrates compliance with all requirements of this chapter;

Document in an addendum to the provider's home study:

a. Circumstances and issues that led to the suspension;

b. Actions taken by the licensee as a result of becoming aware of the circumstances and issues;

c. Actions taken by the provider to address each circumstance and issue; and

d. The licensee's response and disposition of whether the home warranted removal from suspension; and

Reinstate, if warranted, and designate in writing the approval of the provider for the remainder of the original 36-month approval time frame.

J. If the re-evaluation process or home-monitoring activities result in the licensee's decision to revoke approval of a provider, the licensee shall:

Immediately remove placed children from the home and not place any children in the home;
Send written notification to the provider of such decision no later than one week following the date the decision was made; and
Document in the home provider's file:

a. The reasons for revoking the approval of the provider; and

b. Verification that actions required by 22VAC40-131-230 J 1, 2, and 3 were taken by the licensee.

K. The licensee shall maintain documentation in the provider's file of:

Each visit and contact made with the provider;
Each visit made to the home of the provider;
All activities, decisions made, and correspondence sent or received regarding re-evaluation process;
Home study addenda or updates;
The approval certificate issued to the approved provider; and
Documentation pertaining to suspension or revocation actions as required by this chapter.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-240 Capacity of provider home

A. The number of children in an approved resource, foster, or short-term foster care home shall not exceed eight. An exception to the eight capacity may be made only when an approved home can accept the placement of a sibling group. The approved home shall have the appropriate space and furnishings for each child in care as required by 22VAC40-131-190.

B. The number of children placed in an approved treatment foster care home shall not exceed two without written justification approved by a child-placing supervisor. The justification shall be written and approved prior to the placement of additional children and it shall (i) contain the name of approving supervisor, his title, the date of approval; and (ii) address the impact that the additional placement may have on the other children currently in the home.

C. The licensee shall consider the following elements when determining the capacity for a provider home:

The physical accommodations of the home;
The capabilities and skills of the applicant to manage the number of children;
The needs and special requirements of the child;
Whether the child's best interest requires placement in a certain type of home;
Whether any individuals in the home, including the applicant's children, require special attention or services of the applicant that interfere with the applicant's ability to ensure the safety of all children in the home; and
Whether the foster care provider is also a day care provider.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Part VI Children's Services

22VAC40-131-250 Intake, acceptance, and placement

A. Prior to any placement of a child the licensee shall secure written authority to make the placement. The written authority for placement shall be maintained in the child's file. The written authority to make placements includes one of the following:

A court order issued by any court of competent jurisdiction that commits the child to the care of the licensee;
A permanent entrustment by the parent or other person having legal custody of the child;
A temporary entrustment by the parent or other person having legal custody of the child;
A placement agreement from a licensed or authorized child-placing agency having legal custody of the child;
A placement agreement signed by the local department of social services having jurisdiction when a noncustodial agreement has been signed between a parent or legal guardian and the local department or another public agency; or
A parental agreement whereby for the purpose of placement in suitable family homes, child-caring institutions, residential facilities, or independent living arrangements, the child's parents or guardians have entrusted the child to the local department.

B. Prior to any placement of a child in an independent living arrangement, the licensee shall secure written authority to make the placement. The written authority to place includes one of the following:

A court order issued by any court of competent jurisdiction that commits the child to the care of the licensee;
A permanent entrustment by the parent or other person having legal custody of the child;
A temporary entrustment by the parent or other person having legal custody of the child;
A placement agreement from a child-placing agency or person having legal custody of the child; or
A placement agreement signed by the local department of social services having jurisdiction when a noncustodial agreement has been signed between a parent or legal guardian and the local department or another public agency.

C. Prior to the provision of independent living services to any person who was in foster care on his 18th birthday and has not yet reached 21 years of age, the licensee shall enter into a written contractual agreement with the person 18 years of age to 21 years of age, and such contractual agreement shall specify the terms and conditions of the person's receipt of independent living services.

D. Prior to placement of a child for adoption, the licensee shall secure written authority to make the placement. The written authority shall be in the form of one of the following:

An order issued by a court of competent jurisdiction documenting the termination of parental rights and responsibilities of each parent;
A notarized entrustment agreement signed by the parent or other person having legal custody of the child; or
An order issued by a court of competent jurisdiction approving the transfer of the child's custody from one agency to another.

E. The licensee shall petition the court for approval of a temporary entrustment agreement.

For a temporary entrustment written for fewer than 90 days, the licensee shall file the petition with the court within a reasonable period of time and not to exceed 89 days after the execution of the agreement if the child is not returned to his home within that 90-day period.
For a temporary entrustment written for 90 days or more or for an unspecified period of time, the licensee shall file the petition with the court within a reasonable period of time and not to exceed 30 days after execution of the agreement if the agreement does not provide for termination of all parental rights with respect to the child.

F. A licensee certified by the Department of Education as a school for children with disabilities shall for the purpose of placement of the child in its special education program enter into a placement agreement signed by the parent or other person having legal custody of the child. The placement agreement shall meet the requirements of this section. The licensee is not required to take custody of the child placed in its special education program.

G. Prior to accepting a child for placement in a foster care home, treatment foster care home, short-term foster care home, or an independent living arrangement, the licensee shall gather, review, and document the following information in the child's file:

The reason the placement is requested, and if the child coming into placement is younger than one year old, a brief report on his living situation unless this placement directly follows his discharge from the hospital;
A list of services requested by the placing agency, parent, or other individual having legal custody of the child;
Current information on the child's:

a. Health:

(1) For a newborn child coming into foster care directly following hospital discharge, the discharge summary shall be accepted as the admission examination; or

(2) For a child younger than one year old, the admission examination shall consist of a hospital summary and a physician-signed report of interim care no older than 30 days that documents the absence of abnormalities or if abnormalities are present, the report shall contain an explanation of abnormalities observed;

b. Behavior in the home or other previous living situation;

c. Current school grade level, as appropriate;

d. Day care or nursery school, as appropriate;

e. Adjustment to school, day care, or nursery school;

f. Current medication, prescription and nonprescription, including the names, dosages, and instructions for all medication being taken by the child, and reasons for taking each medication;

g. Emotional and psychological needs and problems of the child, if any, including information concerning professional treatment needed or received to meet the needs or problems;

h. Strengths, skills, interests, and talents;

i. Permanency planning goal including the date of planned achievement; and

j. Emergency contact supports including the names, addresses, and telephone numbers for designated emergency contacts; parents, if appropriate, or other person having legal custody of the child; and the agency placing the child with the licensee;

For treatment foster care placements, a list of the strengths and needs of the child's birth family;
The dates and names of persons involved in making preplacement visits;
The dates and names of persons involved in staffing the child's case;
The reason the child was accepted for placement; and
The date the acceptance decision was made.

H. The licensee shall review and consider all information collected on the child prior to recommending the type of home best suited to the child. The recommendation and rationale shall be documented in the child's file.

I. The licensee shall consider the following when making the decision whether to place a child in a foster home, treatment foster care home, or short-term foster care home:

The prospective foster family's specific skills, abilities, and attitudes necessary to (i) effectively work with the child; (ii) ensure implementation of the child's service plan; and (iii) provide effective behavior support techniques, crisis intervention, crisis stabilization, and supportive counseling;
The prospective foster family's ability to meet the needs and preferences of the child;
The prospective foster family's willingness to access resources required to meet the needs of the child; and
The prospective foster family's willingness and ability to work with the child's family.

J. Prior to placement of a child in a family home, the licensee shall assist the prospective foster family with making an informed decision as to whether that particular child is appropriate for them.

K. The licensee shall document in the child's file the reasons a particular home was selected for the child, including the matching factors considered for the selection decision.

L. Except when the placement of the child is an emergency placement, the licensee shall interview the child and his parent or legal guardian prior to the child's placement. If, for valid reasons, the interview was not completed prior to placement, the licensee shall document in the child's file the reasons why the interview was not completed within the required timeframe.

M. Except when the placement of the child is an emergency placement, the licensee shall prepare the child for placement and arrange a preplacement visit for the child in the prospective home. If a preplacement visit did not take place prior to the child's placement, the reasons why it did not occur shall be documented in the child's file.

N. A summary of the preplacement interview and results of the preplacement visit shall be documented in the child's file.

O. Within 30 days of the placement of the child in a foster care home, treatment foster care home, short-term foster care home, or an independent living arrangement, or prior to the completion of the adoptive placement agreement, the licensee shall place in the file of the child a written assessment that contains all required elements specified in 22VAC40-131-250 G.

P. The licensee shall place siblings together in the same foster home whenever possible unless placement together is clearly not in the best interest of each child.

Q. When the licensee accepts a child for placement from another child-placing agency that retains custody of the child, the licensee shall, before placing the child:

Sign the placement agreement as the recipient of the child; and
Ensure that the placement agreement has been signed by the representatives from each child-placing agency who have the authority to commit the child-placing agency to the provisions contained in the agreement.

R. When the licensee accepts a child for placement from a parent or other individual having legal custody of the child, the licensee shall:

Obtain an entrustment agreement and follow the requirements as set forth in §§ 63.2-903 and 63.2-1817 of the Code of Virginia;
Explain the licensee's foster care program;
Collect information for the intake and social history and document the information obtained under each respective heading;
Provide the parent or other individual having legal custody of the child or youth with information about the licensee's services;
Provide an explanation of the service planning process and the licensee's case work responsibilities;
Discuss with the parent or other individual having legal custody of the child:

a. Long-term and short-term goals for the child, including estimated dates of accomplishment for each goal;

b. Objectives for each goal;

c. Responsibilities of all parties for accomplishing the goals and objectives for the child;

d. Involvement in service planning for the child;

e. Plans for visitation with the child; and

f. Plans for financial support for the child; and

Document in the child's file the reactions of the parents or other persons to each topic discussed with them.

S. The licensee shall cooperate with the placing agency and custodian to ensure that the placing agency and custodian have access to the child at all times.

T. The licensee shall develop a system of support for foster parents and assign designated staff to be on call to foster parents on a 24-hour, seven day a week basis.

U. The commissioner shall have the authority to place, remove, or direct the placement or removal of any child who is under the supervision and control of a local board or licensed child-placing agency. Pursuant to such authority, the commissioner shall remove or direct the removal of any child placed by a local board or licensed child-placing agency in a foster home or children's residential facility that fails to comply with any state or federal requirements intended to protect the child's health, safety, or well-being.

History

Statutory Authority: §§ 63.2-217, 63.2-1701, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-131-260 Social history

A. The licensee shall complete a social history on each child within 45 days of the date of the child's placement except:

When the child is placed in a short-term foster care placement, the initial social history shall be completed within 30 days of the date of the child's placement and if subsequent short-term placements of the child are made, the licensee shall review and update the initial social history; and
For adoption, the licensee shall complete the social history prior to the signing of the adoptive placement agreement.

B. The social history shall be documented in the record of each child and shall include the following:

Date the history was completed;
Reasons for the placement and the permanency planning goal of the child's placement;
For foster care, treatment foster care, and independent living placements, identify the services needed to reach the child's permanency goal;
Information on the child's family's structure, relationships, and involvement with the child;
Child's previous placement history, including dates and names of previous caretakers, if any;
Child's developmental, educational, and medical history. The information, if available, shall include names and addresses of providers of medical treatment and copies of available reports or documentation of the licensee's attempts to obtain the information;
Child's history as a victim of abuse and neglect, including history of prenatal neglect or substance abuse by mother, if applicable;
Education and occupation of the child's parents, siblings, aunts, uncles, and grandparents;
Medical and psychiatric history of the child's parents, siblings, aunts, uncles, and grandparents as it relates to the suitability of the child for placement;
Emotional or psychological problems the child has experienced within the last 13 months, including strengths and needs of the child, assessments, and professional treatment received, if applicable;
Background information from other sources such as court reports and previous social histories, if any; and
For treatment foster care, current service or treatment plan from other treatment providers and discharge summaries from previous placements, if any.

C. For a child less than one year of age placed in foster care prior to adoption, the licensee shall in addition to the elements specified in subsection B of this section include the following in the child's social history:

Physical appearance of the child and of both parents if available;
Child's parents' nationality, race, and religion;
Description of the child's birth parents' personality, lifestyle, and childhood;
Identification of individuals in the family who know about the birth parents' plan;
Identification of the relatives who have been contacted for possible foster care placement;
Description of the type of adoptive family with whom the birth parents would like to have their child placed;
Expected length of the child's placement in a foster care home; and
Description of the recommendation of adoptive home that best meets the needs of the child or an explanation as to why the licensee has not yet made that determination.

D. If information on any item required by this section was not completed or obtained, the reason shall be documented under the appropriate section of the child's social history.

E. For a child less than one year of age placed in foster care prior to adoption, the licensee shall review the child's social history with the selected adoptive parents.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-270 Interstate placements

A. The licensee shall comply with the provisions of the Virginia Interstate Compact on the Placement of Children (Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2 of the Code of Virginia) for all children who will cross state lines, either out of Virginia to another state or from another state into Virginia, for placement in resource, foster care, adoptive, treatment foster care, and independent living arrangements.

B. Before a Virginia resident child is placed outside Virginia, the licensee shall obtain prior approval of the administrator of the Virginia Interstate Compact on the Placement of Children, Virginia Department of Social Services. Written approval shall be maintained in the child's file.

C. Before a child who is not a Virginia resident is placed in Virginia, the licensee receiving the child shall obtain prior approval of the administrator of the Virginia Interstate Compact on the Placement of Children, Virginia Department of Social Services. Written approval shall be maintained in the child's file.

D. Prior to the licensee supervising the placement of an out-of-state child, the licensee shall obtain from the placing agency documentation that the administrator of the Virginia Interstate Compact on the Placement of Children, Virginia Department of Social Services approved the placement of the child. The documentation shall be maintained in the child's file.

E. A licensee who conducts an adoptive home study before any particular child is identified for placement shall:

Inform the potential adoptive parents that prior to any out-of-state child being placed in Virginia, the provisions of the Virginia Interstate Compact on the Placement of Children (Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2 of the Code of Virginia) shall be followed; and
Document in the home study that the potential parents were so informed of the requirements of the Virginia Interstate Compact on the Placement of Children (Chapters 10 (§ 63.2-1000 et seq.) and 11 (§ 63.2-1100 et seq.) of Title 63.2 of the Code of Virginia).

F. The licensee shall maintain in the child's file documentation that copies of all serious incident reports regarding any child placed through interstate compact were sent to the administrator of the Virginia Interstate Compact on the Placement of Children.

G. When the licensee is working with another child-placing agency in placing a child, the licensee shall enter into a written interagency agreement with the other child-placing agency that identifies the period of supervision to be provided to the child and delineates the responsibilities of both agencies until the adoption is finalized or the placement is terminated. A copy of the agreement shall be maintained in the child's file.

H. The licensee that provides supervision for the placement of a child in the custody of an out-of-state agency shall conduct visits in accordance with Virginia law and as specified in the written interagency agreement. All supervision activities shall be documented in the child's file.

I. The licensee shall send a copy of each report of supervision to the office of the administrator of the Virginia Interstate Compact on the Placement of Children and to the agency that sent the child.

J. The licensee shall complete home studies in accordance with home study requirements specified in this regulation.

K. The licensee shall complete updated home study information in accordance with requirements of Virginia Interstate Compact on the Placement of Children (§ 63.2-1000 of the Code of Virginia) when the licensee accepts a case of a child who has moved into Virginia from another state or United States territory.

L. The licensee shall provide a copy of the updated home study information to the office of the administrator of the Virginia Interstate Compact on the Placement of Children office.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; Errata 28:1 VA.R. 45 September, 12, 2011; Errata 28:12 VA.R. February 13, 2012.

22VAC40-131-280 Foster home agreements

A. The licensee shall have a written foster home agreement with the family for each child in foster care, treatment foster care, and short-term foster care.

B. The foster home agreement shall be signed by all necessary parties on or before the date the child is placed in the home.

C. The foster home agreement shall include the following elements:

The code of ethics and mutual responsibilities for all parties to the agreement in language and format approved by the State Board;
Financial responsibilities of each party, including payment for foster care and payment for other expenses;
Services each party agrees to provide for the child, the child's family, and foster family;
Provisions for receiving consent for routine and emergency medical, mental health, and dental care for the child;
Arrangements for the provision of medical, mental health, and dental care;
Provisions for handling emergencies during and outside the licensee's regular office hours;
Arrangements for the provision of clothing for the child;
Arrangements for visits by parents;
A statement of agreement that corporal punishment is prohibited. The agreement shall also prohibit the family from granting permission for others to use corporal punishment on the child;
Permission for out-of-state travel;
Permission, if necessary, for the child to participate in any fund-raising activities;
A statement of understanding that the licensee maintains responsibility to protect the best interests of the child and that the licensee has the right to remove the child from the family home when removal is determined to be in the best interests of the child; and
A statement that the approved provider agrees:

a. To provide meals and snacks appropriate to the child's daily nutritional needs including a special diet if prescribed by a licensed health care provider or in accordance with religions or ethnic requirements or other special needs;

b. That if he provides transportation to the child he shall, on the vehicle used for transportation of the child, maintain:

(1) A valid license to drive in Virginia;

(2) Automobile liability insurance as required by Virginia law;

(3) Valid vehicle registration; and

(4) Valid Virginia-required inspection sticker;

c. To transport the child in accordance with Virginia laws for safe transport, including use of functioning child restraint devices in accordance with requirements of Virginia law;

d. As necessary, to seek and secure services from licensed professionals to meet the medical, dental, and mental health needs of the child; and

e. That he understands he has the right, at all times, to receive support and assistance of the licensee in relation to the child's care in the home.

D. The licensee shall ensure any changes made in the terms of the agreement are amended in the agreement, dated, signed, or initialed by all parties to the agreement.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-290 Medical, dental, and psychiatric examinations and care

A. Each child shall have a medical examination conducted by or under the direction of a licensed physician no earlier than 90 days prior to placement, except in the following situations:

An emergency-placed child shall have up to 60 days following placement to receive a medical examination if a written medical examination report providing evidence that he received a medical examination no earlier than 90 days prior to placement is not available;
The child is a newborn then the hospital discharge summary shall serve as the medical examination; or
The child has been in continuous placement of a public or private child-placing agency and the licensee has obtained copies of (i) a medical examination report that is no more than 13 months old and (ii) a report of all medical treatment provided to the child from the date of the medical examination to the date of admission of the child to the licensee's program.

B. The licensee shall follow the examining physician's recommendations regarding the frequency and type of medical examinations or treatment; however, there shall be no more than 13 months between medical examinations received by the child.

C. The medical examination report on each child shall include the following:

Date of examination;
Signature and title of examiner;
Current physical condition;
Growth and development;
Visual acuity;
Auditory acuity;
Nutritional status;
Evidence of freedom from communicable disease, including tuberculosis;
Allergies, including food and medication allergies;
Chronic conditions;
Disabilities; and
A copy of the record of immunizations the child has received since his last examination.

D. The licensee shall file a copy of the medical examination report in the child's file.

E. Each child over three years of age shall have a dental examination.

The dental examination shall have been completed within 13 months prior to the time of placement or if no previous dental examination has been conducted, the child shall have an exam within 60 days following the date of placement.
The written report of examination shall contain the signature of a licensed dentist or his designee.
The licensee shall file a copy of the dental examination report in the child's file.

F. The licensee shall arrange for the child to receive any routine and recommended medical, dental, mental health, psychological, and psychiatric follow-up care and treatment. Documentation regarding the arrangements for and child's receipt of care shall be maintained in the child's file.

G. The licensee shall arrange for the child to receive necessary medical, dental, mental health, psychological, and psychiatric care and treatment resulting from injuries, illness, emergencies, or other conditions that occur in between examinations or appointments. Documentation regarding the arrangements for and child's receipt of care shall be maintained in the child's file.

H. If the licensee serves as legal custodian for the child and in that capacity decides not to follow the physician's recommendation for medical, dental, or psychiatric care or treatment, the licensee shall document in the child's file the rationale upon which the decision was made, including a detailed description of how the licensee considered the best interests of the child in making the decision.

I. The licensee shall document in the file of each child a listing of all medication prescribed for the child.

J. The licensee shall document in the file of each child the medication intended effects and adverse reactions the child or youth has experienced. The licensee shall ensure that the intended effects and adverse reactions experienced by the child or youth are reported to the prescribing physician.

K. The provider applicant and all other household members who come into contact with children shall submit to tuberculosis screening or tests and provide documentation on the appropriate report of tuberculosis form published by the Virginia Department of Health (Report of Tuberculosis Screening Clearance Letter for Negative Screen (Form 1), Report of Tuberculosis Screening Report of TST/X-ray Results (Form 2), or TB Risk Assessment (TB 512)) or a form consistent with it.

The screening or test results shall include a statement that the individual is free from communicable tuberculosis and including the type of screening administered, date of screening, and results of the screening. If any screening or test shows positive results for communicable tuberculosis or if no screening or test has been completed on the individual, a written explanation shall be obtained from the physician, his designee, or representative of the local health department.
The screening or test results shall contain the screening or test date and the results shall be no older than 13 months at the time of home approval by the licensee.
If an individual comes in contact with a known case of tuberculosis or develops chronic respiratory symptoms of three weeks or more duration, he shall obtain tuberculosis screening and follow the recommendations of the physician, his designee, or representative of the local health department. The licensee shall require the individual to submit documentation regarding communicable status.

L. The provider applicant and each resident of the household who will be in a caretaking role for children placed in the home shall submit the results of a medical examination administered and signed by a licensed physician, his designee, or an official of a local health department.

The examination results shall include written examiner comments that address the applicant's or caretaker's mental and physical condition in relation to his ability to take care of a child. If concerns are noted, additional reports from specialists shall be obtained.
The examination results shall contain a date of examination and be no older than 13 months at the time of home approval by the licensee.

M. The medical examination shall be updated if the licensee or department has concerns about the physical or mental health of any member of the placement family. If the examination reveals that the child's safety or health is in jeopardy, the licensee shall plan for the immediate removal of any children or youth placed in the home.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-300 School enrollment

A. For each school-aged child in its custody, the licensee shall be responsible for ensuring that the child is enrolled in school. Within 72 hours of the date of the child's foster care placement, the licensee shall notify the relevant school division's principal and superintendent, or designee, of the child's placement and status of the parental rights of the child.

B. The child's file maintained by the licensee shall contain documentation of the licensee's contact with school authorities.

C. For school-aged children in foster care, the licensee shall collaborate and work cooperatively with the local department and the local education authority to maintain educational stability for each child. Cooperative efforts shall be documented in the child's file.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-310 Clothing and spending money for children

A. The licensee shall ensure that each child in care has his own supply of season-suitable clothing in good condition for indoor and outdoor wear.

B. The licensee shall ensure that each school-age child has a spending money allowance.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-320 Reports and policies to protect children

A. The licensee shall keep records and make reports as required by the department.

B. The licensee shall take the following actions in cases of suspected child abuse and neglect:

Immediately notify:

a. The child protective services unit of the appropriate local department of social services or the department's 24-hour child abuse and neglect hotline;

b. The custodial agency worker or supervisor; and

c. The department's licensing representative;

Cooperate with the local department during its investigation of the complaint;
Review each complaint to determine if the licensee's policies and procedures were followed by the licensee's staff and approved provider;
Within 90 days of the licensee's receipt of the complaint, make a report to the department's licensing representative addressing the following:

a. Internal policy review findings and actions taken as a result of findings; and

b. The child protective services disposition, if child protective services accepted the case for investigation, and a report of actions taken as a result of child protective services investigation findings; and

Maintain an accessible copy of the internal policy review report.

C. The licensee shall submit a written report of circumstances pertaining to the death of a child to the department's licensing representative within seven days of the child's death.

D. The licensee shall make the following notifications pertaining to the death of a child in care:

Immediately notify the child's parents or legal guardian of the incident and document such notification in the file of the child; and
Notify the department's office of licensing of the child's death immediately but no later than the end of the next business day following the child's death.

E. The licensee shall report any serious incident, accident, or injury to the child to the placing agency, parent, or legal guardian, and to the department's licensing representative within 24 hours following the incident, accident, or injury.

F. For each serious incident, accident, or injury to the child, the licensee shall place a written report in the child's file to document:

The date and time the incident, accident, or injury occurred;
A brief description of the incident, accident, or injury;
Action taken as a result of the incident, accident, or injury;
The name of the licensee's staff person who completed the written report;
The name of the licensee's staff person who notified (i) the placing agency and (ii) parent or legal guardian of the incident, accident, or injury;
The time each notification was made; and
The name of the person the staff person contacted and made the notification to.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-330 Visitation and continuing contact with children

A. In accordance with instructions from the court and placing agency, the licensee shall arrange for and encourage contact and visitation between the foster child, his family, and others specified in the child's individualized service plan and, as applicable, the child's treatment plan.

B. The licensee shall develop and implement a plan to address visitation or communication between siblings when siblings entrusted to the care of the licensee are placed in separate foster homes. The plan shall:

Address the wishes of the child;
Specify the frequency of visits or communication;
Identify the party responsible for encouraging visits or communication; and
Specify any other requirement or restriction the licensee will impose for visits or communication, including restrictions necessary to ensure that the child's best interests are represented.

C. For individuals who are 18 years of age and older and still receiving foster care services, the licensee shall make monthly contact with the individual and make at least one face-to-face contact every 90 days.

D. The licensee shall be responsible for ensuring that required contacts have been made with children whom the licensee has placed outside of the Commonwealth of Virginia. Any documentation provided regarding monitoring visits made by an out-of-state child placing agency shall be maintained in the child's file.

E. The licensee shall have at least one face-to-face contact with the foster child every 30 days.

F. The licensee shall have at least one face-to-face contact with the child in the placement setting every 60 days.

G. The licensee shall contact the child placed in treatment foster care as follows:

A face-to-face contact with the child no less than twice each month. There shall be at least seven days between face-to-face contacts unless contraindicated by the child's service or treatment plan;
The frequency for determining additional contacts with the child shall be based on his treatment and service plan and occur as often as necessary to ensure the child is receiving safe and effective services;
At least one of the face-to-face contacts made during a calendar month shall take place in the foster home to assess the relationship between the child and the foster parents and the contact shall include the child and at least one treatment foster parent;
The contacts shall assess the child's progress, provide training and guidance to the foster parents, monitor service delivery, and allow the child to communicate concerns; and
Children who are capable of participating in an interview shall be interviewed privately at least one time each month.

H. Unless specifically prohibited by a court of competent jurisdiction or the agency holding legal custody of the child, the licensee shall:

Allow the child to have regular contact with his family as specified in the child's treatment and service plan;
Work to support and enhance child-family relationships; and
Work directly with families toward reunification as specified in the child's treatment and service plan.

I. The licensee shall ensure that each child is provided treatment, services, and care in a nurturing home setting with attention given to health, safety, and welfare of the child.

J. The licensee shall document a written description of each contact made with the child and the documentation shall be signed by the staff person who made the contact, dated, and maintained in the child's file.

K. If the licensee determines a move from one foster home to another is warranted, the licensee shall:

Consult with the placing agency and, if applicable, the child's legal guardian prior to the child's move, unless the move is due to an emergency situation or issues pertaining to child abuse or neglect; and
Ensure that the move is in the best interests of the child.

L. If the licensee is unable to consult with the placing agency prior to the child's move from one foster home to another, the licensee shall document all attempts made to make the required contact. The licensee shall ensure that contact is made as soon as possible and no later than 72 hours following the move when the move took place on a weekend or holiday.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-340 Service plans

A. The licensee shall develop and implement an individualized service plan for every child accepted for care and service.

B. For children in treatment foster care, the licensee shall:

Within 14 days of a child's placement, develop and implement individualized, measurable objectives and strategies describing services to be provided to the child, his placement family, and his birth family during the first 45 days of placement; and
Within 45 days of a child's placement, develop and implement an individualized service plan and treatment plan.

C. In the case of a short-term foster care placement of a child, the licensee shall develop and implement the service plan within 72 hours of the child's placement and the short-term placement plan shall include a description of the child's needs and services to be provided to the child during the duration of his short-term placement.

D. When the licensee has received legal custody of the child, the licensee shall within 60 days of receipt of such custody file a copy of the service plan with the appropriate court unless:

The court grants an extension of time not to exceed 60 days;
The court designates another agency to file the service plan; or
The child is returned to his prior family or placed in an adoptive home.

E. The licensee shall include the following elements in the child's individualized service plan:

A comprehensive assessment of the child's emotional, social, behavioral, educational, nutritional, developmental, medical, psychiatric, and dental needs;
The nature of the placement to be provided to the child;
Goals and objectives to meet the child's needs that include:

a. For children or youth 14 years of age and older, specific independent living services to be provided to assist the child in meeting his goals; and

b. For children in treatment foster care, goals and objectives to address specific problem behaviors, skills to be addressed, and criteria for achievement;

Anticipated target dates, including month, day, and year, for accomplishment of each identified goal and objective, and for treatment foster care the target date for the child's discharge from the program;
Strategies, services, and activities designed to meet the goals and objectives, including:

a. A description of how the licensee plans to work with related community resources, including the child's primary care physician, to provide continuity of care to the child;

b. The services and other supports to be offered to the child's parents and other prior custodians;

c. A description of the participation and conduct sought from the parent and prior custodians;

d. Visitation between the child, his parents, prior custodians, and siblings;

e. For children 14 years of age and older, specific independent living services to be provided to assist the child in meeting his goals; and

f. For treatment foster care, methods of intervention and therapies designed to meet the child's goals and objectives;

Discharge goals, objectives, and services to be provided for their achievement and where appropriate, plans for reunification of the child with his family; and
As appropriate for youth 16 years of age and older, a description of programs and services to assist the youth in his transition from foster care to independent living.

F. The child's record shall contain documentation showing the involvement of the following parties, unless clearly inappropriate, in developing the child's individualized service plan, child's treatment plan as appropriate, and quarterly progress reports; and in updating the service plan and treatment plan as necessary:

The birth parents of the child unless parental rights have been terminated; or unless the birth parents who maintain parental rights of the child have not been located;
Custodial agency;
Foster parents or treatment foster parents where appropriate;
The child, if the involvement is consistent with the best interests of the child; and
Licensee staff.

G. The licensee shall document in the file of the child the reasons why each party was not involved if any of the parties do not participate in the development of the child's individualized service plan, treatment plan as appropriate, or quarterly progress reviews and updating the service plan and treatment plan.

H. For service plans, court reviews, dispositional hearings, and permanency planning, the licensee who has custody shall follow the requirements set forth in §§ 63.2-906 B, 16.1-281, 16.1-282, and 16.1-282.1 of the Code of Virginia, the Board of Social Services-approved policies and promulgated regulations, and guidance documents issued by the department.

I. Each service plan shall contain the date the plan was written; the signature of the individual who developed the plan; and, for treatment foster care treatment plans, the identity of all treatment team members who participated in the development of the plan.

J. The licensee shall provide training, support, and guidance to families in implementing the service plan for the child.

K. The licensee shall provide a copy of the child's service plan and any updates, treatment plan and updates as appropriate, and quarterly progress reports to the custodial placing agency and, as applicable, to the birth parents, foster parents, and treatment foster parents as long as confidential identifying information about the parents is not disclosed.

L. Obtain from the custodial child-placing agency a copy of the child's service plan sent to the court. The service plan shall be placed in the child's file. In the event the licensee is not able to obtain the plan, the licensee shall document in the child's file the efforts made to obtain the plan.

M. The service plans developed by the licensee shall be compatible with the goals in the plan sent to the court.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-350 Quarterly progress summaries

A. The licensee shall review the progress of each child in care. The first review of progress and report shall occur no later than 90 days from the date of the child's placement and subsequent progress reviews shall be conducted every 90 days thereafter.

B. The licensee shall document the progress review in a written summary report that addresses the following elements:

Progress the child has made toward reaching each goal and objective on his service plan and documenting progress the child has made in alleviating his specific problem behaviors, if any;
Description of goals and objectives the child has met during the evaluation quarter, goals and objectives that continue to be worked on in the next quarter, and new goals and objectives to be added for next quarter;
Description of criteria for achievement and target dates for each goal and objective;
Description of any changes that need to be made in the service and treatment plans, including changes in methods of intervention and strategies designed to help the child meet his goals;
Decision as to whether each projected date of accomplishment continues to be realistic or needs to change;
Description of services, therapies, and activities provided to and secured for the child during the quarter, including services provided towards the discharge goals;
Description of any new needs of the child; services, activities, or therapies identified to meet the child's needs and address behaviors; addition of new goals and objectives; and target dates for accomplishment;
Summary of contacts made between the child and his family, where appropriate;
Participation of the birth and foster parents in the services offered to them and the child;
The child's assessment of his progress and description of services needed, where appropriate;
List of medications used by the child;
List of the child's medical needs during this review period, any medical treatment the child received during this period, any recommendations for further medical treatment, and scheduled appointments;
Recommendations for any modifications to the current service plan, including changes in methods of intervention and strategies;
Dates of progress covered during this review;
A review of the discharge plan, projected discharge date, and, as necessary, updating the information; and
Date the progress summary report was written; and the signature and title of the individual who wrote the report.

C. The progress summary reports shall be in the child's file.

D. The licensee shall update service plans as necessary to include modifications made, identification of new needs, and services to meet the new needs.

E. As required in 22VAC40-131-340 F, the licensee shall document the participation of required parties in each review of progress.

F. On the fourth quarter summary report, the licensee shall in addition to the requirements specified in subsection B of this section, evaluate and update the comprehensive treatment and service plan for the upcoming year.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-360 Discharge from care

A. Prior to the child's discharge from care, the licensee shall formulate and document recommendations for aftercare services for the child and share those recommendations with the placing agency and parents, where appropriate. If recommendations were not shared with the child's parents, the licensee shall document the reasons in the child's file.

B. Prior to the planned discharge date, each child's file shall contain documentation that the child's discharge was planned and discussed with the placing agency, the child, the child's parents or guardian, and the members of the child's treatment team, if applicable.

C. Children in the legal custody of the local department of social services or private child-placing agency shall not be discharged by the licensee until the licensee has consulted with and notified the legal custodians of the plans for discharge. The licensee shall document in the child's file the names of the persons consulted and to whom notifications were provided, each date of occurrence, and a summary of each discussion.

D. Children shall be discharged only to the agency, parent, or guardian holding legal custody of the child. Youth 18 years of age and older shall be discharged to their own responsibility unless a court of competent jurisdiction has appointed a legal guardian to represent the youth.

E. No later than 30 days after the date of discharge, the licensee shall develop and place a comprehensive discharge summary in the child's file. The summary shall address:

Date of discharge;
Reason or reasons for discharge;
Name of the individual with whom the child was placed or to whom he was discharged;
Description of services provided to the child;
Summary of the child's progress toward meeting his goals and objectives, and as applicable for youth placed in independent living arrangements, the progress toward achieving life skills goals; and
Written recommendations for aftercare services including the nature, recommended frequency, and duration of services to be provided to the child and the child's family.

F. Upon the child's discharge from care, the licensee who holds custody of the child shall ensure that the parents or child-placing agency receiving the child for placement are provided with a copy of the child's birth certificate, medical records, and school records.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-370 Case record requirements

A. The licensee shall maintain a separate organized case file for each child, the child's birth parents, and each approved home provider and in addition for adoption cases, a separate organized file for the adoptive family. The case file may be electronic.

B. Each use of electronic records, files, or signatures shall comply with the provisions of the Uniform Electronic Transactions Act, §§ 59.1-479 through 59.1-497 of the Code of Virginia.

C. In addition to the requirements in the Uniform Electronic Transaction Act, the use of electronic signatures shall be deemed to constitute a signature and have the same effect as a written signature on a document as long as the licensee:

Develops, implements, and maintains specific policies and procedures for the use of electronic signatures;
Ensures that each electronic signature identifies the individual signing the document by name and title;
Assures that the documentation cannot be altered after signature has been affixed;
Assures that access to the code or key sequence is limited;
Assures that all users have signed statements that they alone have access to and use the key or computer password for their signature and will not share their key or password with others; and
Provides for nonrepudiation that is strong and substantial to make it difficult for either party to claim that the electronic representation is not valid.

D. All entries in each case file shall be legibly written in ink, contain the signature of the individual performing the service, the date the entry was made and, if the licensee operates more than one office in Virginia, the entry shall identify the office that provided the service. Unless otherwise specified in state or federal law, multiple dated entries made on the same page by the same author may be authenticated by the author's initials behind each entry as long as the author signs his name at the bottom of the page of entries.

E. All correspondence and information received by or produced by the licensee shall be treated as confidential information and shall be maintained as part of the case file.

F. Each case file shall be kept up to date and in a uniform organized manner.

G. All services and treatments provided to the child or his family shall be documented chronologically in the respective file.

H. When not in use, active and closed files shall be maintained in:

A location that allows the department's licensing representative complete access to the files within a reasonable and short period of time following the representative's request to review files;
An area accessible to staff;
An area protected from unauthorized access, fire, flood, and uncontrolled climate control; and
A locked, metal file cabinet or other metal compartment if the files are stored on site at the licensee's licensed location.

I. Whether stored on site or off site, the licensee shall demonstrate that the file storage system has the protections in place required by subdivisions H 3 and 4 of this section for unauthorized access, fire, flood, and climate control.

J. The case files shall be retained as follows:

Upon entry of a final order of adoption or other final disposition of a matter involving the placement of a child for adoption, the licensee shall forward all reports and collateral information in connection with the case to the commissioner;
The licensee who holds custody of the child shall retain a copy of the child's subsidy record as long as the child receives a subsidy;
If a minor child has been reunited with his birth family, case files shall be retained until one year after his 21st birthday;
When the foster care case is closed for services, the case file, whether written or electronic, shall be maintained in accordance with the Library of Virginia's Record Retention and Disposition Schedule General Schedule No. 15 - County and Municipal Governments Social Services Records (May 2010); and
When the licensee ceases operations, it shall immediately submit written information to the department about the location for retention of all files.

K. A person 18 years of age and older who was not adopted and was a child for whom all parental rights and responsibilities were terminated shall not have access to any information from the licensee with respect to the identity of the birth family unless all requirements established in § 63.2-105 B of the Code of Virginia have been met.

L. The licensee shall follow all provisions of §§ 63.2-1246 and 63.2-1247 of the Code of Virginia in regard to disclosure of information pertaining to finalized adoptions.

M. The licensee shall maintain documentation in the file of the home provider for all initial approvals and subsequent approvals. Each file shall include:

An application;
Documentation of the approval process;
Completed home study and supporting documentation, including approval decision;
Required reference letters received by the licensee;
Driving record checks;
Dates of receipt of background checks and driving record checks;
Summary of results of background checks;
Copy of the approval certificate issued to the provider;
Documentation of completed orientation and training received by the approved provider;
Required medical information, including results of tuberculosis screening;
Results of observations and findings from monitoring visits to the home;
A face sheet listing the names and dates of birth of all members of the household and the relationship of each member to the provider;
A narrative account of the preparation of the family for each child placed in the home;
A list of children's names, birth dates, dates of placement in the home and, if applicable, removal dates and reasons for removal;
Copies of all signed agreements;
When applicable, the date and reason for home closure;
Copy of the signed prohibition on corporal punishment;
Written updates and addenda to the home study and re-evaluations of the home provider and home; and
Any other correspondence or information pertaining to the home including a narrative of any concerns the licensee has about the status of the home; record of all complaints involving the foster parents; the licensee's investigation report and findings; and, if appropriate, the findings of child protective services and law enforcement.

N. The licensee shall maintain documentation in each child's file. Each file shall include:

A face sheet completed within five working days of the date of the child's placement. The face sheet shall address the child's name, date of birth, place of birth, gender, race, social security number, and Medicaid number, if known; and for adoption cases, the face sheet shall also contain the child's height, weight, hair color, eye color, and identifying marks;
Names, addresses, telephone numbers, and marital status of the child's birth parents;
Names and addresses of the child's siblings, if available;
Names, addresses, and telephone numbers of the person or agency holding legal custody of the child;
Names, addresses, and telephone numbers of persons to be contacted in an emergency;
Services provided to the child;
A copy of the entrustment agreement or the placement agreement between the placing agency and the licensee;
Other information pertaining to a child in foster care, treatment foster care, short-term foster care, and independent living arrangements as required by this chapter;
For adoption cases, the child's file shall also contain:

a. The legal documents required for adoption if the licensee holds custody of the child;

b. A record in the narrative dictation of the child's and family's preparation for the placement; and

c. Other information required by this chapter; and

An original birth certificate for the child whenever possible and when the licensee holds custody of the child.

O. If services are provided to the child's birth family, the licensee shall maintain a file on each child's birth parents. The file may be separate from the child's file or combined and maintained in the child's file. The file shall include:

An up-to-date face sheet documenting:

a. Names, addresses, telephone numbers, and marital status of each parent;

b. Names of known members of the birth family;

c. Current whereabouts, addresses, and telephone numbers, when available, of each known member of the birth family; and

d. A cross reference to the file of the child unless the birth family's information is maintained in the child's file;

A chronological narrative or summary of contacts the licensee has made with the family. This information shall include visits of the parents with the child and the child's visits, or attempts to visit, with the parents;
A summary of services provided to the family; and
Other information relating to the birth parents as required by this chapter.

P. The licensee shall maintain a file on each adoptive family. The file shall include:

The completed application;
A copy of any written information given to the adoptive parents concerning the child, including the agreed upon plan of discipline;
Summaries of supervisory visits and closing summary;
The home study and related documents;
Documentation of orientation and training completed;
Narrative account of the child-placing agency's preparation of the family for the placement of the child;
Fees charged and agreement between the licensee and the applicant;
Documentation of any complaints or investigations conducted by child protective services; and
Other information relating to adoptive parents as required by this chapter.

Q. Narrative case notes shall be current within 30 days, documented in the file of the child or youth in chronological order, signed and dated by the individual making the entry, and address elements required by this chapter including:

Treatment and services provided;
All contacts related to the child;
Visitation between the child and his family;
Other significant events, if any; and
Other documentation required by this chapter.

R. The licensee shall maintain documentation in provider and child files as required by this chapter and including:

Completing documentation within specified time frames; and
Placing documentation in the appropriate file within 30 days unless otherwise specified by this chapter.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-380 Behavior support and crisis intervention

A. Licensees shall train and encourage foster parents to use positive behavioral support techniques that emphasize principals and methods to help a child achieve desired behavior and correct inappropriate behavior in a constructive and safe manner.

B. Licensees that prohibit the use of physical restraint shall develop a written policy prohibiting the use. The licensee shall document that foster care parents have been informed of the prohibition.

C. Licensees that permit the use of physical restraint shall require that:

Other methods of crisis intervention and behavior support are used prior to the use of physical restraint;
Physical restraint is limited to that which is minimally necessary to protect the child or others from injury;
The use of physical restraint is used as a part of a planned therapeutic intervention defined in the child's service or treatment plan or both;
Only designated professional staff and foster parents trained in licensee-approved less intrusive interventions and physical restraint techniques implement the interventions and techniques; and
Foster care parents complete and submit a report to the licensee documenting each use of physical restraint implemented with a child. Each report shall be made within a timeframe established by the licensee, documented on a format required by the licensee, and address the following elements:

a. The reason for the restraint;

b. A description of all other behavior support techniques attempted prior to the use of physical restraint;

c. A description of the physical hold used during the restraint;

d. The duration of the physical restraint;

e. The outcome or child's response to the physical restraint; and

f. Any known injuries occurring as a result of the restraint including any injuries reported by the child.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Article I Permanent Foster Care

22VAC40-131-390 Applicability

Article I Permanent Foster Care

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide permanent foster care services shall also comply with the requirements of this article.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-400 Children placed in permanent foster care

A. For a child placed in a permanent foster care placement, the licensee shall comply with the provisions of § 63.2-908 of the Code of Virginia.

B. The licensee shall have the authority to place a child in a permanent foster care placement under the following conditions:

Pursuant to a court order;
Legal custody of the child is retained by the licensee;
The placement is appropriate to meet the needs of the child; and
A written permanent foster care agreement signed by the licensee and the foster care parent documents the understanding and expectation the child will remain in the placement:

a. Until he reaches 18 years of age unless the court modifies the order or the child is removed from the foster home pursuant to § 16.1-251 or 63.2-1517 of the Code of Virginia; or

b. If he is between the ages of 18 and 21; participates in an educational, treatment or training program approved pursuant to regulations of the State Board; and his permanent foster care placement is a requisite to funds being provided for his care.

C. The child placed in a permanent foster care placement shall have available to him and receive, as needed, the same services as a child who is not placed in permanent foster care would receive.

D. The licensee shall follow the standards of this chapter for approving, monitoring, and re-evaluating foster care homes.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Article 2 Short-term Foster Care

22VAC40-131-410 Applicability

Article 2

Short-term Foster Care

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide short-term foster care services shall also comply with the requirements of this article.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-420 Children placed in short-term foster care

A. The licensee shall allow foster parents access to alternate planned and crisis foster care for their foster children.

B. Foster children in need of alternate planned or crisis foster care services shall only be placed in a home that has:

Been approved by a Virginia child-placing agency as a provider for the receiving of placed children; and
Received training as required by this chapter.

C. The licensee shall inform the provider of the child's treatment and service plan at the time of placement of the child.

D. The licensee shall oversee and provide support and supervision as necessary to the provider in the home provider's implementation of the child's treatment and service plan.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Article 3 Independent Living Arrangements

22VAC40-131-430 Applicability

Article 3 Independent Living Arrangements

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide independent living arrangements shall also comply with the requirements of this article.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-440 Youth placed in independent living arrangements

A. The licensee shall meet all requirements and follow procedures as set forth in this chapter and in the Code of Virginia related to the placement of children, including all applicable interstate compacts.

B. The licensee shall develop and implement written policies and procedures that address the independent living arrangement program to include a description of:

Criteria for evaluating potential independent living arrangement settings and on-going evaluation of approved settings;
Protocols for approving an independent living arrangement setting and identifying the types of settings the licensee will approve;
Criteria for admission;
Procedures for intake and admission;
Criteria for successful discharge from the program including procedures to ensure the youth will be discharged to his legal guardian if he is under 18 years of age at the time of discharge;
Conditions under which a youth may be discharged before completing the program, including criteria and protocols for implementing emergency discharge of the youth from the independent living arrangement program;
Criteria and protocols to terminate approval as necessary in an independent living arrangement setting;
The licensee's detailed plan for determining and maintaining the supervision and visitation plan for youths placed in independent living arrangement settings;
Types of services the licensee will provide and secure to meet the needs of the youth during his placement;
The licensee's role in:

a. Ensuring that each youth is enrolled in educational, vocational education and training, or career and technical education services appropriate to meet his needs;

b. Monitoring each youth's educational progress as often as necessary;

c. Assisting the youth in obtaining routine and emergency medical and dental care;

d. Evaluating the youth's need for financial assistance, initially during intake then one time monthly and as needed by the youth;

e. Providing the resources to meet the youth's basic needs for shelter, food, and clothing;

f. Providing assistance to the youth in locating, securing, and maintaining employment;

g. Providing life skill training to meet the needs of the youth; and

h. Providing or securing a crisis response system accessible to the youth 24 hours a day and providing training to the youth on accessing and using of the system; and

Orientation and training provided for each youth admitted to the independent living arrangement program. The procedures shall define the licensee's program to teach the youth to:

a. Identify potential hazards in his living, school, work, and play communities; and

b. Develop and implement an emergency preparedness and response plan that promotes safety in his environments.

C. Prior to accepting a youth for an independent living arrangement and prior to making an arrangement for the youth, the licensee shall meet face to face with the youth at least one time and as often as necessary to evaluate the youth's readiness for such an arrangement. Elements to be considered in the evaluation shall include:

Age of the youth;
Youth's readiness for placement in an independent living arrangement setting without daily substitute parental supervision;
Youth's demonstration of maturity and emotional stability in his current placement or living environment to include that he:

a. Consistently maintains behavioral stability conforming to acceptable societal norms and he does not demonstrate behaviors dangerous to himself or other persons;

b. Is not involved in high risk behaviors such as delinquent or criminal activities or substance use and abuse;

c. Has participated in designing service plan goals and objectives; and

d. Has participated in meeting service plan goals and objectives including those for transition and self-sufficiency;

Results of the life skills assessment completed within the last 90 days and whether those results indicate the youth would benefit from placement in an independent living arrangement setting;
The youth's current enrollment or immediate plans to enroll in an educational or career or technical educational program; and
The youth's current employment situation.

D. At the time of admission, the licensee shall provide to each youth and, as applicable, his guardian, an orientation to the independent living arrangement program. The orientation shall address the following:

Goals and objectives of the independent living arrangement;
Information about the programs and services provided by the licensee or through the independent living arrangement program;
Responsibilities and expectations of all parties designated in the agreement between the youth and the child-placing agency;
Emergency preparedness as required by subdivision B 11 a and b of this section;
Transition planning;
Elements for successful discharge;
Reasons early discharge may occur; and
Tour of the independent living arrangement setting selected for the youth if the environment is selected at the time of admission. If selected after admission, a tour shall be provided prior to placement of the youth.

E. At the time of admission to the independent living arrangement, the licensee shall discuss the elements of the written agreement for participation in the arrangement with the youth, his guardian, and as appropriate, his family. The written agreement shall contain the following:

Purpose of his independent living arrangement, with timeframe for completing the program;
A list and description of the licensee's activities to support achievement of the identified purpose of the independent living arrangement;
A description of the frequency of supervision provided by the licensee, including the conditions under which responsibility for supervision will be retained by the licensee and the youth's responsibility to accept the level of supervision provided;
A list and description of the youth's activities to attain achievement of the identified purpose of the independent living arrangement;
Responsibility for financial payments, including method of payment, frequency of payment, and amount of payment;
Information pertaining to the physical setting arrangements and requirements that all arrangements must be approved by the licensee unless those arrangements are exempt from licensee approval;
Information pertaining to the youth's responsibility to inform the licensee within a specified time frame, but no later than 72 hours, of any major changes in his situation and serious injuries, illness, or need for surgery;
A plan to seek emergency assistance from medical professionals and emergency responders; and
Conditions under which the youth may be discharged from the program prior to completion of the program.

F. The written participation agreement shall be signed by a representative of the licensee, the youth, and, as appropriate, the legal guardian. The signed agreement shall be maintained in the youth's file and a copy of the agreement provided to the youth, and, as appropriate, to his legal guardian.

G. Prior to making a placement in or arranging for the placement of a youth in an independent living arrangement, the licensee shall determine the suitability of the setting for use as an independent living arrangement by:

Conducting an onsite visit of the independent living setting to determine if the setting meets the requirements necessary to protect the interests of each youth; and
Determining whether community resources are available and accessible to meet the specified needs of the youth and to assist him in his efforts to achieve self-sufficiency.

H. Within 30 days of the date of admission to the independent living arrangement program, the licensee shall develop an individual service plan for each youth.

I. The individualized service plan for each youth shall describe in measurable terms the:

Strengths and needs of the youth identified in the completed life skill assessment;
Goals, objectives, and strategies identified by the youth, his guardian, and, if applicable, his parents;
Projected involvement of the youth, his guardian, and, if applicable, his parents;
Dates of planned accomplishment for each objective;
Target date for discharge; and
Involvement of the youth, his guardian, and, if applicable, his parents in discharge planning.

J. The individualized service plan shall address:

Counseling needs;
Education needs;
Employment needs;
Money management skills development;
Specific independent living services to be provided to the youth to assist him in meeting his needs and accomplishing his goals;
Social and interpersonal skill development; and
A plan for transition from foster care to independent living that includes:

a. A description of the specific life skills to be achieved by the youth, the youth's responsibilities, time frames for achievement of each identified life skill, and a description of the parents' or guardians' responsibilities in assisting the youth, if appropriate, in achieving the identified life skills. If the parents or guardians will not have responsibilities to assist the youth, the reasons shall be stated in the plan;

b. A description of the services and training offered by the licensee to help the youth achieve the identified life skills and a statement of the type and frequency of supervision provided by the licensee; and

c. A description of results of the assessment conducted on the youth's physical and mental health, including medical or dental care received by the youth.

K. The licensee shall conduct a review of each individualized service plan and the progress of each youth toward meeting the goals and objectives of the plan. The review shall take place within 90 days of the admission date and within each 90-day period thereafter and the plan shall be revised and updated as necessary.

L. The child-placing agency shall maintain a written report of each 90-day review that addresses:

Youth's progress in the living arrangement and toward meeting the goals and objectives established in his individualized service plan;
Involvement of the youth's parents or guardian in assisting him to meet his goals and objectives;
Continuing needs of the youth;
Youth's progress toward meeting his transition plan;
The beginning and ending dates of the review period; and
Youth's anticipated discharge date.

M. After placement, the licensee shall maintain supervision over the independent living arrangement by:

Conducting a face-to-face visit with the youth at least one time each month and as often as necessary to protect his interests; or
Conducting a face-to-face visit with the youth at least one time every 90 days and as often as necessary to protect his interests when the youth resides in a dormitory setting approved by a college or other educational or vocational provider; and
Ensuring that over 50% of these face-to-face visits occur in the youth's place of residence within a calendar year.

N. Except housing approved by a college or other educational or vocational providers, the child-placing agency shall visit the independent living arrangement setting annually for the purpose of determining whether the setting should remain an approved setting for the youth. Documentation of the results of the visit and decision regarding approval shall be maintained in the file of the youth.

O. The licensee shall have an appointed case worker on call and available as necessary to make face-to-face contact with the youth and provide services to the youth 24 hours per day, seven days per week.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Article 4 Treatment Foster Care

22VAC40-131-450 Applicability

Article 4 Treatment Foster Care

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide treatment foster care services shall also comply with the requirements of this article.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-460 Children placed in treatment foster care

A. In order to be licensed or certified as a child-placing agency providing treatment foster care services in Virginia, the licensee shall meet the requirements of this chapter.

B. In addition to the program description requirements specified in 22VAC40-131-170, the licensee shall provide a comprehensive description of:

The treatment philosophy of the licensee;
Specific treatment techniques the licensee plans to use with children and families;
Specific behavior management strategies the licensee will allow foster parents to use with placed children; and
The staffing pattern that:

a. Provides for the intensity of services required in treatment foster care;

b. Describes the treatment team, treatment plans, and credentials of professional staff responsible for treatment services;

c. Provides for at least one full-time professional staff or part-time staff whose hours are equivalent to a full-time position; and

d. Designates a qualified individual responsible for overseeing the program.

C. The licensee shall have a written plan for back-up emergency care in the event that a child's placement in a family disrupts.

D. The licensee shall provide training, support, and guidance to foster families in implementing the treatment and service plan for the child.

E. In consultation with the custodial agency, the licensee shall provide or arrange for the child to receive recommended or identified clinical services including, but not limited to, psychiatric, psychological, and medication management services.

F. The licensee shall assure that a professional qualified staff person provides leadership to the treatment team that includes:

Managing team decision-making regarding the care and treatment of the child or youth and services to the child's family;
Providing information and training as needed to treatment team members; and
Involving the child, the child's foster family, and the placing agency in treatment team meetings, plans and decisions, and keeping them informed of the child's progress, whenever possible.

G. Treatment team members shall consult with each other on cases at least every 90 days and as often as necessary.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Article 5 Adoption

22VAC40-131-470 Applicability

Article 5 Adoption

In addition to applicability requirements specified by 22VAC40-131-20, programs licensed to provide adoption services shall also comply with the requirements of this article.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-480 Fees for adoption applications and services

A. Prior to initiating the home study, the licensee shall make full disclosure of fee charges to adoptive home applicants.

B. Each applicant shall be given a written fee explanation that addresses the following:

The amount the applicant must pay and when and how the payments are to be made;
How the amount is determined and what services the fees cover; and
The refund policy of the licensee.

C. The licensee shall develop a mutually-acceptable written agreement with the adoptive applicants regarding the fees to be paid and the services to be provided.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-490 Adoption counseling and services for birth parents

A. Except in the case of intercountry adoption, the licensee who holds custody of a child shall offer counseling services to the birth mother, or if reasonably available, to both birth parents contemplating the placement of their child for adoption. The counseling services shall include a discussion about:

The parent's decision to place the child was not made under duress and to ensure the decision to place the child is a firm decision;
The impact of such a decision;
The reasons for contemplating the decision to place the child for adoption; and
Alternatives to adoption including:

a. Services available to assist the family in staying together, if staying together is in the best interests of both the child and family;

b. Foster care for the child; and

c. The child's placement with relatives.

B. Except in the case of intercountry adoption, the licensee shall offer additional counseling sessions as needed by the birth parents.

C. Except in the case of intercountry adoption and prior to accepting a child for adoption placement, the licensee shall provide the birth parents with an explanation of:

Adoption services provided;
Adoption policies and procedures, including the adoption process; and
The rights and responsibilities of all parties in the adoption process.

D. The licensee shall document in the record of the birth mother or child to whom the counseling services were provided if:

The licensee did not provide counseling services as required, the reason shall be documented.
Counseling was provided to the birth father, such counseling services shall be documented.

History

Statutory Authority: §§ 63.2-217, 63.2-1701, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-131-495 Post-adoption contact and communications agreement

A. Unless parental rights of the birth parents have been terminated, the licensee may inform the birth parents and shall inform the adoptive parents that they may enter into a written post-adoption contact and communication agreement as described in § 63.2-1220.2 of the Code of Virginia.

B. The licensee shall inform the child if the child is 14 years of age or older, that he may consent to a post-adoption contact and communication agreement as described in § 63.2-1220.2 of the Code of Virginia.

C. When a child's birth parents and the prospective adoptive parents have entered into a written post-adoption contact and communication agreement, and the child age 14 years or older has given consent, the licensee shall:

Review the written post-adoption contact and communication agreement; and
Provide to the court the licensee's written recommendation indicating whether:

a. The post-adoption contact and communication agreement represents the best interests of the child; and

b. The licensee recommends approval of the agreement.

History

Statutory Authority: §§ 63.2-217, 63.1-1701, and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-131-500 Involuntary termination of parental rights

When it is necessary to petition the court to terminate parental rights, the licensee shall follow the requirements of § 16.1-283 of the Code of Virginia and any other necessary legal requirements to achieve the involuntary termination of parental rights.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-510 Provisions for adopting children with special needs

A. The licensee shall collaborate and work cooperatively with the local department to ensure that children with special needs, as defined by § 63.2-1300 of the Code of Virginia, who are legally free for adoption are registered with the Adoption Resource Exchange of Virginia within 30 days of termination of parental rights unless an adoptive placement agreement has been signed. The licensee holding custody shall ensure that the child is registered.

B. The licensee shall ensure that prospective adoptive families who will accept children with special needs are registered with the Adoption Resource Exchange of Virginia within 30 days of approval unless an adoptive placement agreement has been signed.

C. The licensee shall assist and work with the appropriate local department of social services to gather documentation and complete necessary applications for securing adoption assistance payments for the child.

D. The licensee shall ensure that necessary and appropriate services and treatment are provided to children with special needs, pursuant to Chapter 13 (§ 63.2-1300 et seq.) of Title 63.2 of the Code of Virginia.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-520 Selecting an adoptive home

A. Siblings shall be placed together unless it clearly is not in the best interests of the children. If siblings are not placed together, the reasons for separation shall be documented in the file of each sibling.

B. Relatives and foster parents shall be considered primary adoptive resources when adoption is considered to be in the best interests of the child.

C. The licensee shall consider the following when selecting an adoptive home for a child:

The child's concerns about adoption, for children over one year of age;
The ages of the adoptive parents in relation to the age of the child; and
The child's best interests.

D. When the licensee accepts custody of a child for the purpose of adoption, the licensee shall consider recommendations made by the birth parents, a physician or attorney licensed in the Commonwealth of Virginia, or a clergyman who is familiar with the situation of the proposed adoptive parents or the child. The licensee shall document recommendations made in the file of the child.

E. The licensee shall make selection of a particular prospective adoptive family for a child in accordance with the best interests of the child. The reasons for selecting the specific home for the child shall be documented in the child's file.

F. The licensee shall provide the adoptive parents full known factual information about the child and, excluding identifying information where required by law, known factual information about the child's birth family. The licensee shall provide to the adoptive parents written information about:

The child's history, including information about the child's birth, social, cultural, medical, educational, developmental, psychological, and mental health; and
Relevant known physical and mental history of the birth parents.

G. The licensee who holds the child's custody shall require the prospective adoptive parents sign and date a written acknowledgement that they have received the full factual information as described in subsection F 1 and 2 of this section. The written signed acknowledgement shall be placed in the adoptive home file.

H. The licensee shall permit the prospective adoptive parents to decide whether they will accept the child.

I. The licensee shall not use the prospective adoptive parent's decision to refuse to take one child into their home as the sole basis for excluding the prospective adoptive parents from consideration for future placement of other children.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-530 Adoption placement agreement

A. The licensee who holds custody of a child shall at the time of placement of the child enter into a written agreement for placement with the prospective adoptive family.

B. The placement agreement shall remain in effect until final order of adoption is entered by the court or until the placement ends or disrupts.

C. The adoption placement agreement shall include:

The requirements of the foster care agreement specified in 22VAC40-131-280 B and C;
A statement that the licensee maintains the legal responsibility to protect the best interests of the child and that the licensee may, with the sanction of the court, remove the child from the prospective adoptive home when removal is determined to be in the best interests of the child;
A listing of licensee's responsibilities until the final order of adoption is entered by the court;
A listing of the prospective adoptive family's responsibilities the adoptive family will maintain until the final order of adoption is entered by the court; and
A statement of services the licensee will provide to the family after the final order is entered, if any services have been agreed upon.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-540 Placements requiring legal risk agreement

A. The licensee shall require the prospective adoptive parents to sign and date a written statement acknowledging awareness that the valid entrustment agreement may be revoked by either birth parent until:

The placed child has reached the age specified in § 63.2-1223 of the Code of Virginia; and
The number of days specified in § 63.2-1223 of the Code of Virginia have elapsed since the execution of the valid entrustment agreement.

B. The written acknowledgement statement signed by the prospective adoptive parents shall be maintained in the child's file.

C. Such a direct placement shall be recognized as a foster home placement and a foster home agreement required by this chapter shall be signed by the licensee and the foster parents.

D. The adoptive placement agreement required by this chapter shall not be signed until the child is legally free for adoption.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-550 Adoptive placement of children over one year of age; additional provisions

A. Except in intercountry adoptions, the licensee shall prepare a child for adoptive placement by involving him in adoption planning, considering his individual needs and concerns, and providing information in a manner the child can understand.

B. The licensee shall document in the child's file the services and contacts provided to the child for adoption preparation including:

Discussion about the child's feelings about adoption and identification of indicators that he is ready for the adoptive placement;
Discussion regarding the reason he cannot be returned to his birth parents;
Discussion about relationships with his social worker, foster family, and prospective adoptive parents;
Preplacement visits in his prospective adoptive home. The number of visits shall be determined by the needs of the child and the adoptive family;
Efforts to obtain photographs of the child from birth through his current age;
The licensee's preparation of a life book for the child;
Assessment and services related to the child's attachment and issues of attachment;
Assessment of the child's needs for contacts with prior caretakers and birth relatives, including siblings; and
Preparation of the adoptive family to receive the child, including expected behaviors and the life-long impact of the child's history.

C. If services to prepare the child for placement were not provided, the licensee shall document the reason the child was not prepared in the child's file.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-560 Parental placement adoption services

A. Licensees who provide parental placement services shall follow the provisions of §§ 63.2-1230 through 63.2-1240 of the Code of Virginia and policy approved by the state board.

B. In conducting the home study of the prospective adoptive parents, the licensee shall comply with 22VAC40-131-180 and any other requirements specified by the court. The home study shall contain the licensee's recommendation regarding the suitability of the placement.

C. During the home study process, the licensee shall meet at least one time with the birth parents and at least one time with the prospective adoptive parents. The licensee shall obtain the agreement of both parties prior to holding simultaneous meetings.

D. The licensee shall ensure that the birth parents and prospective adoptive parents have exchanged identifying information including full names; addresses; physical, mental, social, and psychological information; and any other information useful in promoting the welfare of the child, unless both parties have agreed in writing to waive the disclosure of full names and addresses.

E. During the meeting with the birth parents, the licensee shall determine that the consent for adoption is informed and not coerced.

F. The licensee shall document in the file that the birth parents are aware of:

Alternatives to adoption;
Adoption procedures; and
Opportunities for placement with other adoptive families.

G. During the meeting with the prospective adoptive parents, the licensee shall determine that the parents' decision to adopt is informed and not coerced and that they intend to file an adoption petition and proceed toward a final order of adoption.

H. The licensee shall document that the prospective adoptive parents have been counseled by a duly authorized child-placing agency about:

Alternatives to adoption;
Adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights; and
Opportunities for adoption of other children.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-570 Parent-recommended homes for adoptive placements

When the licensee accepts custody of a child for the purpose of placing the child with adoptive parents recommended by the birth parents or a person other than a licensed child-placing agency or local board, the licensee shall:

Provide to the birth parents information about the provisions of parental placement adoption and child-placing agency adoption placements;
Allow the informed birth parents to elect which placement provision described in subdivision 1 of this section they desire to apply to their case;
Provide the birth parents the opportunity to be represented by independent legal counsel; and
Provide the birth parents the opportunity for counseling with a social worker.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-580 Post-placement responsibility for adoptive home placements

A. The licensee shall ensure that supervisory visits with the child are made in compliance with § 63.2-1212 of the Code of Virginia and, for children in foster care, in compliance with the requirements of policy approved by the Board of Social Services.

If the circuit court has not omitted the probationary period, interlocutory order of adoption, or three-visit requirement pursuant to § 63.2-1210 of the Code of Virginia, the licensee shall visit the child at least three times within a period of six months.
At least one visit shall be conducted in the home of the petitioners in the presence of the child and both petitioners unless the petition was filed by a single parent or one of the petitioners no longer resides in the home. If one petitioner no longer resides in the home, the licensee shall contact the absent petitioner to determine his interest in remaining involved in the proceedings.
The licensee shall ensure that no less than 90 days elapse between the first and last supervisory visits.
In accordance with the provisions of § 63.2-1212 of the Code of Virginia, the licensee shall:

a. Document the findings of supervisory visits and after the last supervisory visit formulate a formal written report that includes:

(1) Health and development of the child, including medical and dental care;

(2) The child's adjustment to the family and the relationship of the child to the parents and siblings;

(3) The child's adjustment to day care or school, the child's behavior and special needs, and resources available to meet those needs;

(4) Impact of adoption on the family functioning and the marriage, including discussion of any stress revealed and changes in work and financial status;

(5) Motivation of the petitioners to proceed with the adoption;

(6) The family's readiness to finalize the adoption;

(7) Documentation that the licensee discussed the procedures for finalization of adoption along with information on obtaining a birth certificate and, if appropriate, information on obtaining naturalization; and

(8) Documentation that the licensee offered to provide or refer the child and family to available resources for services after issuance of the final order of adoption. For children with long-standing mental or physical problems, the licensee shall assist in making arrangements for services after the final order;

b. Submit the written report as required to the circuit court, the counsel of record for the parties, and the commissioner; and

c. Document on the court's copy of the report that the copies were served as specified in subdivision 4 b of this subsection, including the date of delivery or mailing.

B. The licensee retains responsibility for protecting the best interests of the child.

The licensee shall maintain contact with the child and prospective adoptive family until the final order of adoption is entered.
In addition to the visitations required by § 63.2-1212 of the Code of Virginia, the licensee shall visit the child as often as necessary to meet the needs of the child and family.
If conditions warrant, the licensee shall proceed to remove the child in accordance with the provisions of § 63.2-904 C of the Code of Virginia.
In addition to the legal responsibilities specified in subdivisions 1, 2, and 3 of this subsection, licensees who hold custody of a child shall maintain legal responsibility for the child until the final order of adoption is entered.

C. Except when the adoption has been finalized in another country, the licensee shall document efforts to ensure that the adoption petition is filed. When there is a delay in filing the petition, the licensee shall make an assessment of the situation and conduct visits with the child and family as often as necessary and at least one time quarterly unless the child is in foster care, then the licensee shall conduct monthly face-to-face contacts as required by this chapter.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-590 Intercountry placement adoptions

A. A licensee who provides assistance to families in arranging placements of children from foreign countries and who works directly with agencies or resources in other countries shall comply with the provisions of this section.

B. The licensee shall make available to its staff and to applicants written information about Virginia's pre-adoptive requirements for intercountry placements and assist the family in determining when these requirements are applicable.

C. The licensee shall make available to its staff and to applicants written information about the requirements of the United States Citizenship and Immigration Services.

D. The licensee shall share directly with the adoptive applicants all available medical, developmental, and social history about the child, the birth family, and extended family, including the child's placement history.

E. The licensee shall request that the adoptive applicants share available information about the child with the licensee when the applicants directly receive medical, developmental, social history, and other information learned about the child, the birth family, and extended family, including the child's placement history. The licensee shall document in the child's file that this request was made.

F. Documentation required by this section shall be filed as follows:

In the child's file when the licensee has received custody; or
In a separate section of the adoptive applicant's file when the adoptive applicants have received guardianship; and
In the adoptive applicant's file when a final decree of adoption has been issued.

G. During the home study process, the licensee shall discuss the following items with the applicants:

The risks of adopting a child from another country, including coping with changes in laws in the other country, or changes in fees; issues regarding the legal availability of the child; risks involved with lack of medical, developmental, and other background information on the child; and the placement of another child if the child originally described is no longer available;
The time frame for referrals of children and fees specific to adopting a child from another country and the children or youth available from specific countries;
The applicant's ability to assume responsibility for and meet the care, guidance, and protection needs of a child from a different race or ethnic background;
The applicant's feelings and attitude toward sharing facts about the adoption with the child, including how the applicants plan to provide the child with information about his native country and teach the child about the customs of his native country;
The applicant's expectations for children whose living circumstances prior to placement included living in an orphanage or institution, to include the expected behaviors of the child, attachment and bonding issues, and the life-long impact of the child's history on his behaviors;
The applicant's ability to provide care for and cope with any issues that may occur related to the child's previous living circumstances;
The applicant's understanding of the requirements for post-placement supervision, the importance of supervision in the resolution of any adoption related issues and the applicant's availability to participate in supervision sessions; and
The applicant's responsibility for a child when receiving custody or guardianship of a child under the laws of the child's country.

H. If, after completion of the home study for an intercountry adoption, the family decides to pursue an intercountry placement without the assistance of the licensee, the licensee shall document in the applicant's record that the family withdrew from the intercountry program. The licensee shall have no further responsibility to provide services to the applicant and may close the applicant's record.

I. In completing a home study for an intercountry adoption, the licensee shall offer to provide or refer the family for supervision and adoptive family support and preservation services.

J. Prior to any post-placement supervisory visits, the licensee shall make every effort to obtain documentation of a child's legal adoption status, all available medical, developmental, and social history on the child's birth family including the child's placement history. The licensee shall document its efforts to obtain the information in the adoptive parents' file.

K. The licensee shall document in the adoptive parents file that the adoptive parents were:

Informed of any known information about the child's legal availability;
Encouraged to file an adoption petition;
Informed of the need for the adoptive parents to complete the process of the child's naturalization and citizen status through the United States Citizenship and Immigration Service; and
Asked to contact the licensee to provide:

a. The date they returned home with the child; and

b. The date the adoption was final in the other country.

L. A licensee that provides adoption services in Hague Adoption Convention cases shall comply with all federal laws regarding convention adoptions, including, the Hague Adoption Convention, the Intercountry Adoption Act of 2000 (Pub. L. No. 106-279 (2000)), and the Department of State regulations on intercountry adoption at 22 CFR Part 96.

M. The licensee shall notify the department when the licensee:

Obtains accreditation, temporary accreditation or approval under 22 CFR Part 96;
Is denied accreditation, temporary accreditation, or approval under 22 CFR Part 96. The licensee shall make available to the department all documents and materials related to the denial; and
After being accredited or temporarily accredited or approved, has had the Department of State or any of its designated accrediting entities take an adverse action against the licensee. The licensee shall make available to the department all documents and materials related to the imposed adverse action.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-600 Interlocutory orders of adoption

A. If the licensee holds legal custody of the child, the licensee shall file with the court its written consent to an interlocutory order for the proposed adoption.

The written consent shall be filed with the petition to the court; and
The consent shall be signed under oath and acknowledged before an officer by law to take acknowledgements.

B. Prior to certifying the report of investigation, the licensee shall determine that the requirements set forth in § 63.2-1208 of the Code of Virginia have been met. The licensee shall address each requirement in the investigation report.

C. A notarized statement shall accompany the order stating that the licensee will assume legal responsibility for the child should the placement disrupt prior to the issuance of the final order of adoption.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-610 Subsequent adoptive placements

A. When home providers who were approved for adoptive placements request additional adoptive placements, the licensee shall evaluate the home based on the initial home study requirements as specified by 22VAC40-131-180.

B. If the licensee conducted the original home study, the licensee shall conduct two additional visits, one face-to-face interview in the home or office and one face-to-face interview in the home with all current household members living in the home present at the time of the interview.

C. If the original home study was conducted by another child-placing agency:

The adoptive applicants shall complete the orientation and training required by 22VAC40-131-210;
If the licensee has a copy of the original home study for the applicants, two face-to-face interviews shall be made. If the original home study is not available, a minimum of three face-to-face interviews are required; and
The home study shall comply with the requirements of this chapter for the initial adoptive home study.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012; Errata, 28:12 VA.R. 1037 February 13, 2012.

Chapter 141 Licensing Standards for Independent Foster Homes

Part I Definitions and Authority

22VAC40-141-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Assistant" means an individual 18 years of age or older who is selected by the independent foster parent to assist the provider in the care and supervision of the children in the home.

"Child" means any individual less than 18 years of age.

"Child with special needs" means a child with diagnosed physical, mental, or emotional disabilities such as, but not limited to, cerebral palsy, sensory impairment, learning disabilities, behavior disorders, chronic illnesses, a deficit in social functioning, mental retardation, or emotional disturbance and who may require special monitoring or specialized programs, interventions or facilities.

"Commissioner" means the Commissioner of the Department of Social Services, his designee, or authorized representative.

"Department" means the Virginia Department of Social Services.

"Good character and reputation" means findings have been established and knowledgeable and objective people agree that the individual (i) maintains business, professional, family, and community relationships which are characterized by honesty, fairness, truthfulness and dependability and (ii) has a history or pattern of behavior that demonstrates that the individual is suitable and able to care for, guide, supervise, and protect children. Relatives by blood or marriage, and persons who are not knowledgeable of the individual, such as recent acquaintances, shall not be considered objective character and reputation references.

"Independent foster home" means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and children of personal friends of such person; (ii) a home in which are received children committed under the provisions of subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8 of the Code of Virginia; and (iii) a home in which are received only children who are the subject of a properly executed power of attorney pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20 of the Code of Virginia.

"Infant" means any child from birth up to 16 months of age.

"Major injuries, illnesses and accidents" means injuries, illnesses or accidents that require emergency medical care or treatment.

"Parent" means the legal parents or legal guardians of the child.

"Placing agreement" means the written agreement signed by the child's parents or guardians and the independent foster home parents in which the parents or guardians authorize the child's placement in the independent foster home for a period of 180 days or fewer. The placing agreement specifies the rights and responsibilities of each party but does not transfer legal custody to the independent foster home parent. The agreement addresses acquisition of, and consent for, any medical treatment needed by the child; financial responsibility for the placement; visitation with the child's family; and if appropriate to the child's age, unauthorized absences from the home. The parents or guardians may withdraw the placing agreement at any time during the placement period.

"Provider" means independent foster parents who give 24-hour substitute family care, room and board, and services for up to eight children who reside in the provider's home as members of the household. A provider may be a husband and wife.

"Temporary entrustment agreement" means the agreement signed by the child's parents or guardians and the licensed independent foster parent in which the parents or guardians temporarily confer physical and legal custody of their child to the licensed provider for less than 180 days. The temporary entrustment agreement specifies the rights and obligations of the child, the parents or guardians and the provider, includes the responsibilities of the parents for financial support, and grants authority for medical care of the child. Temporary entrustment agreements may be withdrawn by the parents or guardians at any time during the 180-day period. Placements for longer than 90 days must be approved by the local juvenile and domestic relations court.

"Time-out" means a discipline technique in which a child is moved for a brief time away from the stimulation and reinforcement of ongoing activities and other children to allow the child to regain composure when losing self-control.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 36, Issue 2, eff. October 17, 2019.

22VAC40-141-20 Legal authority

A. The licensed independent foster parent is permitted by law to accept children for care who are entrusted to the provider by the parents or legal guardians or whose parents have signed a placing agreement authorizing the child's temporary placement in the independent foster home. A temporary entrustment agreement transfers custody of the child from the parents or legal guardians to the independent foster parents. A placing agreement authorizes the child's placement in the independent foster home while allowing the parents or guardians to maintain legal custody.

B. The local juvenile and domestic relations court must approve the temporary entrustment agreement if the child is to remain in the placement for more than 90 days.

C. Individuals are exempt from licensure if they only provide care to children who are born to or adopted by the individual or children of relatives or personal friends.

D. Subdivision A 4 of § 16.1-278.2 of the Code of Virginia referenced in the definition of an independent foster home refers to the placement decisions for children by local boards of social services or a public agency designated by the community policy and management team. Subdivision 6 of § 16.1-278.4 of the Code of Virginia refers to the court transfer of legal custody from the parent to another individual or agency. Subdivision 13 of § 16.1-278.8 of the Code of Virginia refers to the court's disposition of delinquent juveniles. Individuals receiving children under these provisions are not subject to licensure under this regulation.

E. Section 63.2-1734 of the Code of Virginia establishes the authority of the State Board of Social Services to promulgate regulations for the activities, services and facilities to be employed by persons and agencies required to be licensed by § 63.2-1701 of the Code of Virginia. Regulations shall be designed to ensure that such activities, services and facilities are conducive to the welfare of the children under the custody or control of such persons or agencies. Section 63.2-1712 of the Code of Virginia states that it shall be a misdemeanor to operate or engage in the activities of a child welfare agency without first obtaining a license.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Part II General Requirements for Providers

22VAC40-141-30 General requirements

A. Children placed in independent foster homes by their parents or legal guardian shall not remain in care longer than 180 days.

Exception: A child's placement in the independent foster home may exceed 180 days for reasons of parental illness/recuperation or military deployment if that was the reason for the placement and the provider refers the child to the local department of social services and makes a request for an assessment of the care and custody of the child to determine if additional services or evaluations are necessary.

B. For a child placed in the independent foster home by a temporary entrustment agreement, if it appears that the child cannot be returned to the child's parent or guardian within 90 days of the date of placement, the provider shall petition the local juvenile and domestic relations court within 30 days of placement to request an assessment of the care and custody of the child.

C. Providers shall be at least 21 years of age.

D. Providers shall have either a bachelor's degree in a field related to family services, child care and development, social work or education or a high school diploma or a G.E.D. and at least one year of experience providing care to children in the age range to be placed in the home.

E. Providers who accept children with special needs shall have experience or training directly relevant to the developmental levels and special needs of the children in care.

F. The provider shall be responsible for the home's day-to-day operation and for meeting licensing requirements.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-40 Background checks

A. The applicant for licensure, the provider, assistant and adult household members, and any other adult who is involved in the day-to-day operations of the independent foster home or will be alone with, in control of, or supervising one or more children placed in the home shall receive and provide to the licensing representative:

The results of a criminal history record check conducted by the Virginia State Police through the Central Criminal Records Exchange and shall not have an offense as described in § 63.2-1719 of the Code of Virginia;
The results of a search of Virginia's Child Protective Services central registry and shall not have a founded child abuse or neglect record; and
A sworn disclosure statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether the person has been the subject of any founded complaint of child abuse or neglect within or outside the Commonwealth.

B. The provider shall not permit a known sex offender to reside in the home or to have contact with the children in care.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.

22VAC40-141-50 References and employment history

A. The provider shall provide three references with the initial application from unrelated persons who have knowledge of the provider's character and reputation and ability, skill and experience in the provision of services to children.

B. The provider shall submit information on the provider's employment history.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999.

22VAC40-141-60 Assessment of knowledge, skills and abilities

A. The provider and any assistants left alone with children shall be able to speak, read, and write in English sufficient to understand and carry out the responsibilities and requirements of this chapter to ensure the care, safety, and protection of children.

B. The provider and assistant shall be knowledgeable about and physically and mentally capable of providing the necessary care for children.

C. The provider and assistant shall be able to sustain positive and constructive relationships with children in care; shall relate to children with respect, courtesy, patience and affection; and shall demonstrate an understanding and respect for the families of children in care.

D. The provider and assistant shall be capable of handling emergencies with dependability and good judgment.

E. The provider shall have the financial income to meet the basic needs of the provider's own family as well as to meet the needs of each child in placement if the parents are unable to pay for the child's care.

F. The provider shall have knowledge, skills and abilities in parenting skills and behavior management of children in the age or special needs group of the children to be placed with the provider.

G. The provider and assistant shall respect the confidentiality of the child and his family in accordance with § 63.2-104 of the Code of Virginia.

H. The provider and assistant shall be responsible, of good character and reputation and shall display behavior that demonstrates stability and maturity.

I. The provider shall demonstrate marital stability, if married.

J. The provider shall complete the required Home Study Assessment form provided by the department and submit the completed form with the initial application for licensure.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.

22VAC40-141-70 Training

A. When such training is available from the Department of Social Services, local departments of social services, or licensed child-placing agencies, the provider shall complete an initial foster parent orientation and training session within the first six months of initial licensure.

B. The provider, any assistants, and any other adult expected to be alone in the home with children shall receive, prior to licensure or employment, certification in first aid and cardiopulmonary resuscitation appropriate to the age of children in care, from an approved source such as the American Red Cross, the American Heart Association, National Safety Council or an equivalent resource approved by the department.

C. The provider, assistant, and any other adult expected to be alone in the home with children shall maintain current certificates in first aid and cardiopulmonary resuscitation, appropriate to the age of children in care, from an approved source such as the American Red Cross, the American Heart Association, the National Safety Council or an equivalent resource approved by the department.

D. The provider shall attend at least 20 hours of related training each year. The provider shall maintain documentation of training attended.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.

22VAC40-141-80 Medical requirements for provider, assistant and household members

A. Within 90 days prior to the initial application, the applicant for licensure as an independent foster home provider, each assistant and each adult member of the household shall undergo an assessment for risk of tuberculosis infection and disease.

The applicant shall provide documentation from the health department, a physician, or a physician's designee that each individual is "free from tuberculosis in a communicable form."
Individuals needing additional testing to determine the absence of tuberculosis in a communicable form shall obtain a tuberculin skin test and:

a. The statement shall include the type of test used, the date of the test, and the test results.

b. The statement shall be signed and dated by a physician, the physician's designee, or an official of a local health department.

B. If an individual is not able to receive a tuberculin test for health reasons, this shall be documented by a physician.

The physician's statement shall also include the date when the test can be safely administered.
The individual shall obtain the tuberculin test no later than 30 days after the date indicated by the physician.

C. An individual who had a positive reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis shall obtain chest x-rays on an annual basis for the following two years.

The statement shall document the date of the x-rays.
The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

D. Any individual who, upon examination or as a result of tests, shows indication of communicable tuberculosis or a physical condition that may jeopardize the safety of children in care shall be removed from contact with children and, where indicated, from food served to children.

E. Contact may resume when a licensed physician certifies that the risk to children has been eliminated or substantially reduced.

F. The provider, any assistants, and any adult household members shall undergo subsequent screening or testing, as appropriate, every two years thereafter.

G. Any individual who comes in contact with a known case of tuberculosis or develops chronic respiratory symptoms shall, within 30 days of exposure or development, receive an evaluation to indicate the absence of tuberculosis in a communicable form.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Part III Services and Supervision

22VAC40-141-85 Temporary entrustment agreement requirements

A. A written temporary entrustment agreement or placing agreement shall be received on every child placed directly by the child's parents or guardians in the independent foster home.

B. Prior to entering into a temporary entrustment agreement, the provider shall consider:

The needs of the child and whether the home can meet those needs;
The needs of any other children residing in the home; and
The impact of the individual child joining the household.

C. The temporary entrustment agreement shall be for placement of less than 180 days.

D. If the provider is aware at the time of admission that the placement will extend beyond 90 days, the provider shall petition the local juvenile and domestic relations court for approval of the entrustment agreement within 30 days of placement.

E. If the length of placement is not known at admission, the provider shall petition the court for approval as soon as the provider is aware that the placement will be for longer than 90 days.

F. Each subsequent entrustment agreement for the same child shall be considered placement for longer than 90 days and shall receive approval by the local juvenile and domestic relations court.

G. The entrustment agreement shall not extend beyond the child's 18th birthday.

H. The parents or guardians may request the return of a child at any time prior to the 90th day of placement without the court's approval.

I. The entrustment agreement shall be considered revoked upon the parents' or guardians' request.

J. If the provider opposes the request for the child to return home or to a prior custodian, the provider shall immediately file the appropriate petition with the local juvenile and domestic relations court.

K. When petitioning the local juvenile and domestic relations court for approval of an entrustment agreement, § 16.1-277.01 of the Code of Virginia requires that the licensed independent foster home, as a child welfare agency, file a foster care plan with the court.

L. The foster care plan shall meet the requirements established in § 16.1-281 of the Code of Virginia.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-87 Placing agreement requirements

A. A written placing agreement or temporary entrustment agreement shall be received on every child placed directly by the child's parents or guardians in the independent foster home.

B. Prior to entering into a placing agreement, the provider shall consider:

The needs of the child and whether the home can meet those needs;
The needs of any other children residing in the home; and
The impact of the individual child joining the household.

C. A placing agreement shall:

Allow the child's parents or guardians to retain legal custody of the child during the placement in the independent foster home;
Be for a placement of less than 180 days. If the provider, at any time, becomes aware that the placement will exceed 179 days, the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed and to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court;
Include identifying information, including:

a. Proof of identity of the child;

b. The child's name;

c. Date of birth;

d. Sex; and

e. Date of placement;

Address the acquisition of and consent for medical treatments needed by the child and include Medicaid or other insurance information;
Address the rights and responsibilities of each party involved;
Address the responsibilities of the child's parents or legal guardians for financial support; and
Be signed by the child's parent or legal guardian and the foster parent no later than the child's placement in the independent foster home.

D. A placing agreement shall not extend beyond the child's 18th birthday.

E. The parents or guardians may request the return of a child at any time prior to the 180th day of a placing agreement.

F. The placing agreement shall be considered revoked upon the parents' or guardians' request.

G. Each subsequent placing agreement for the same child shall be considered an extension of the placement and whenever the child has been in the independent foster home for a total of 180 days the provider shall contact the local department of social services and request an assessment of the child and an evaluation of services needed to determine if a petition to assess the care and custody of the child should be filed in the local juvenile and domestic relations court.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. February 1, 2005; amended, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-90 Supervision of children in care

A. The provider is responsible at all times for the safety and supervision of children placed in the home.

B. A responsible adult shall always be available to substitute in case of an emergency.

C. There shall be documentation of the name, address, telephone number of this adult, along with a signed statement of agreement to serve as a substitute.

D. Children shall be supervised in a manner which ensures that the caregiver is aware of what the children are doing at all times and can promptly assist or redirect activities when necessary.

E. In deciding how closely to supervise children, providers shall consider:

The ages of the children;
Individual differences and abilities of the children;
The layout of the house and play area, including neighborhood circumstances or hazards; and
Risk activities children are engaged in.

F. Children under the age of six and children with special needs shall be within sight or sound supervision at all times.

G. Providers shall not bathe with a child unless recommended by a physician.

H. Providers shall ensure the safety of children at all times during diapering.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-100 Capacity

A. The provider shall not exceed the maximum capacity stipulated on the license.

B. The maximum number of children in an independent foster home shall be eight, including the children of the provider and any other children who reside in the home, with the following conditions: An exception may be granted by the licensing authority for sibling groups which may cause the home to exceed the licensed capacity.

The adult caretaker to child ratio shall be one to four for (i) preschool children during the regular waking hours and (ii) children with special needs, as indicated by a licensed physician or licensed clinical psychologist, during the regular waking hours.
The capacity of a home shall also be based on the physical accommodations of the home, the abilities and experience of the provider, the needs of the children already in the home and children to be placed, and the number of assistants.
An adult household member shall not be considered an adult caretaker unless the individual actively participates in the care and supervision of the children.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.

22VAC40-141-110 Essentials for each child

A. The diet for children shall be well-balanced and appropriate to the daily nutritional needs of each child.

B. Special diets shall be provided as prescribed by a physician or dentist for individual children and established religious dietary practices for each child shall be observed.

C. Clothing, towels, wash cloths, toothbrushes, combs and hair brushes, and other personal needs shall be provided for each child on an individual basis and shall be kept clean and replaced as needed.

D. Clothing shall be kept clean, in good repair, and appropriate for the age and size of each child.

E. Drinking water shall be available at all times unless prohibited by a physician's order.

F. Normal activities of daily living such as meals appropriate to the child's nutritional needs, time for sleep and rest appropriate to the child's age, bathing, etc., shall be opportunities for teaching and guiding behavior.

G. To the extent that normal activities of daily living are used to teach and guide behavior, the provider's actions shall not be extreme, unusual or abusive.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-120 Transportation of children

A. The provider shall have transportation available at all times in case of an emergency.

B. Any individual who transports children shall have a valid driver's license and vehicle liability insurance.

C. Providers and any individuals who transport children shall assure that all passengers use safety belts and child restraint devices in accordance with Virginia law.

D. The provider and assistant transporting children shall not have driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any offense which places other occupants of the vehicle at risk within the five years prior to the application, and thereafter as a condition of continued licensure.

E. A copy of the provider's and the assistant's driving record shall be provided to the licensing representative upon application and at the time of submitting a renewal application.

F. Driving violations as described in this section shall be reported to the licensing representative within 24 hours.

G. The provider shall not knowingly allow children to be transported by any person who has driving violations on file with the Department of Motor Vehicles related to driving under the influence of alcohol or drugs, reckless driving, or any other offense that places other occupants of the vehicle at risk within the previous five years.

Exception: The parents or legal guardians of a child shall not be prohibited from transporting their child as a result of this requirement unless it poses an immediate danger to the health and safety of that child.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-130 Medical care of children

A. The provider shall have the name, address and telephone number of each child's physician easily accessible.

B. The provider shall have first aid supplies easily accessible to adults in the home, but not accessible to children under the age of 13.

C. First aid supplies shall include:

Scissors;
Tweezers;
Sterile nonstick gauze pads;
Adhesive bandages in assorted sizes;
A sealed package of alcohol wipes or antiseptic cleansers;
A thermometer;
A chemical cold pack if an ice pack is not available;
First aid instruction manual or cards;
An insect bite or sting preparation;
One triangular bandage;
Current activated charcoal and syrup of ipecac to be used only when instructed by the regional poison control center or child's physician;
Flexible roller or stretch gauze;
Disposable nonporous gloves; and
An eye dressing or pad.

D. The provider shall receive medical history information, including:

Immunizations received; and
Documentation for each child at the time of placement of a physical examination of the child completed within 90 days before placement, or the child shall receive a physical examination within 30 days after placement. The current form required by the Virginia Department of Health or any other form which provides the same information to report immunizations received and the results of the physical examination shall be used.

Exception: If a child's parent objects to the child receiving immunizations or a physical examination on religious grounds, the parent must submit a signed statement noting the objection on religious grounds and certifying to the best of the parent's knowledge, the status of the child's health.

E. The provider shall ensure that the child receives necessary medical care and follow-up.

F. The provider shall:

Give prescription drugs to children in care only in accordance with an order signed by a licensed physician or authentic prescription label; and
Keep all prescription and nonprescription medications inaccessible to children under the age of 13 and stored as instructed by the physician or pharmacist.

a. The provider shall keep in the child's record daily documentation of all prescription and nonprescription medication administered to a child in care.

Exception: Providers are not required to record the amount of diaper ointment or sunscreen applied.

b. Out-of-date and unused medications shall be properly discarded or returned to the child's parent or guardian.

G. The provider may permit self-administration of medication by a child in care if:

The child is physically and mentally capable of properly taking medication without assistance.
The provider maintains a written statement from the parent or a physician documenting the child's capacity to take medication without assistance.
The provider assures that the child's medications and any other medical supplies are not accessible to children under the age of 13.

H. The provider shall report all major illnesses, injuries, accidents, missing children, the death of a child, and any placement of a child outside of the foster home within 24 hours to:

The licensing representative; and
The child's parent.

I. If the provider is not able to contact the parent or guardian, attempted contacts shall be documented.

J. The provider shall receive written authorization for routine and emergency medical and dental care for each child.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-140 Disease prevention

A. Children's hands shall be washed with soap and water before eating meals or snacks, after toileting, and after any contact with body fluids.

B. The provider and assistant shall wash their hands with soap or a germicidal cleansing agent after:

Diapering a child;
Helping a child with toileting, personal toileting, any contact with body fluids; and
Before handling food, feeding or helping a child with feeding.

C. When a child's clothing or diaper becomes wet or soiled, it shall be changed immediately.

D. When a child's diaper is changed, the soiled area shall be thoroughly cleaned with a disposable wipe.

E. Surfaces used for changing diapers shall be used for that purpose alone.

F. Diapering surfaces shall be washed with soap and water or a germicidal agent after each use.

G. The provider shall keep surfaces for preparing and eating food sanitary.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-150 Discipline of children

A. Discipline shall be constructive in nature and emphasize positive approaches to managing the child's behavior.

The provider shall establish rules and expectations that encourage and teach desired behaviors and discourage undesired behavior.
The provider shall explain the house rules and expectations and the behavior management approach to each child who is old enough to understand.

B. There shall be no physical punishment, rough play or severe disciplinary action administered to the body such as, but not limited to, spanking, striking or hitting with a part of the body or an implement, pinching, pulling or roughly handling a child, shaking a child, forcing a child to assume an uncomfortable position (e.g., standing on one foot, keeping arms raised above or horizontal to the body), restraining to restrict movement through binding or tying, enclosing in a confined space, or using exercise as punishment.

C. Physical restraint shall not be used on children in care. "Physical restraint" means restraining a child's body movements by means of "physical crisis intervention techniques" or a therapeutic intervention utilizing adult physical contact only, as a short-term, emergency means of managing out-of-control behavior. It is not intended to mean everyday, commonly-accepted parenting practices and interventions such as holding a child to prevent falling or crossing into the path of a moving vehicle, or holding a child's hand to prevent placing it on a hot stove, etc.

D. The provider shall not:

Make threats;
Make belittling remarks about any child, the child's family, the child's race, religion, or cultural background;
Use profanity; or
Make other statements that are frightening or humiliating to the child.

E. When separation or time-out is used as a discipline technique, it shall be brief and appropriate to the child's developmental level and circumstances.

F. The child who is separated from others shall be:

In a safe, lighted, and well-ventilated place;
Not confined or locked in a room or compartment; and
Within hearing and vision of the provider or assistant at all times if under the age of 13 or diagnosed with special needs.

G. Children age 13 and older shall be within hearing or vision of the provider or assistant at all times when separated from others for disciplinary reasons.

H. Children under the age of 13 or those with special needs shall not be placed in time-out for periods of time exceeding one minute for each year of age.

I. Time-out shall not be used for children under two years of age.

J. The provider shall not subject children to cruel, severe, humiliating, or unusual actions.

K. The provider shall not delegate discipline or permit punishment of a child by another child or by an adult not known to the child.

L. The provider shall not deny a child contact or visits with his family as a method of discipline.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-160 Activities for children

A. The provider shall provide daily indoor and outdoor recreational and other activities appropriate to the needs, interests, and abilities of the children in care.

B. Each child shall also be permitted to have individual free time as appropriate to the child's age and ability.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-170 Abuse and neglect reporting responsibilities of providers

A. The provider shall immediately report any suspected abuse and neglect of any child in care to child protective services and to the licensing representative.

B. The provider shall comply with § 63.2-1509 of the Code of Virginia.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-180 Services to children

A. The provider shall arrange for necessary services, as specified in the foster care service plan or individual service plan, and as recommended by a licensed physician or other professional working with the child, where applicable. These services may include, but are not limited to:

Professional evaluations and counseling;
Educational services and tutoring; and
Transportation to necessary appointments and services.

Note: Individually planned interventions intended to reduce or ameliorate any diagnosed physical, mental or emotional disabilities should be performed by, in conjunction with, or under the written direction of a licensed practitioner.

B. The provider shall enroll each school-age child in school within five days after placement when school is in session.

C. The provider shall promote the child's education by:

Giving the child educational guidance and counseling in the child's selection of courses;
Establishing contact with the child's school; and
Working with the child's school to promote academic achievement and to resolve any problems brought to the provider's attention by the school.

D. In accordance with § 16.1-281 of the Code of Virginia, the independent foster home, as a licensed child-welfare agency, shall prepare and submit to the local juvenile and domestic relations court a foster care service plan on every child entrusted to the provider by an entrustment agreement (i) within 30 days of signing the child's entrustment agreement for placements of 90 days or more or (ii) within 60 days of signing the entrustment agreement for placements for less than 90 days, unless the child is returned to the child's parents or guardians within 60 days of placement in the independent foster home.

E. The foster care service plan shall include:

The reasons the child is placed with the independent foster home;
A summary of the child's situation at the time of placement in relation to the child's family. The summary shall include information about:

a. The child's health; and

b. The child's educational status;

The permanency planning goal recommended for the child, including the projected length of stay in the home;
A description of the needs of the child and the child's family;
The programs, care, services, and other support that the independent foster home will offer or arrange for the child and the child's parents or guardians to meet those needs;
The target dates for completion of the services provided or arranged for the child and the child's family;
The participation, conduct, and financial support that will be sought from and the responsibilities of the child's parents or guardians;
The visitation or other contacts to be held between the child and the child's parents or guardians;
In writing and where appropriate for children age 16 and older, the programs and services which will help the child prepare for the transition from foster care to independent living; and
A copy of the independent foster home license.

F. For every child placed in the independent foster home by a placing agreement, the provider, with the assistance of the parents or legal guardians, shall prepare an individualized service plan at the time of admission.

G. Copies of the child's individualized service plan shall be provided to the parents or legal guardians, to the child, if age 13 or older or upon the child's request, and a copy filed in the child's record.

H. The written individualized service plan shall:

Outline the services needed and those that will be provided to the child and his family; and
Identify the goals and objectives designed to reunite the child with his family.

I. The individualized service plan shall describe:

The reasons why the child is placed in the independent foster home;
A summary of the child's situation at the time of placement in relation to the child's family, including a statement of the child's health and educational status;
A description of the child's needs;
The goals for the child, including the projected length of placement in the independent foster home;
The programs, care, services and other means of support that the independent foster home will offer or the arrangements for the child and the child's parent or guardian to provide services or supports;
Projected dates for completion of services provided or arranged for the child;
Projected level of involvement of the child's parents or guardians and visitation arrangements;
Where appropriate for children age 16 and older, the programs and services that will help the child prepare for independent living.

J. The individualized service plan shall be updated at least every 30 days.

K. In accordance with federal and state law, the provider shall ensure that the child's health and safety are the paramount concern throughout the placement, case planning, service provision and review process.

L. If consistent with the child's health and safety, the foster care plan or individualized service plan shall be designed to support reasonable efforts which lead to the return of the child to his parents or guardians within the shortest feasible time, which shall be specified in the plan.

M. If the provider determines that it is not reasonably likely that the child can be returned to the child's prior family within a feasible time, consistent with the best interests of the child, and in a separate section of the foster care plan or individualized service plan, the provider shall:

Describe the reasons for this conclusion; and
Determine and describe the opportunities for the court to consider placing the child with a relative or for the court to refer the child and the child's family to the local department of social services for further services and permanency planning.

N. The provider shall submit the child's foster care plan or individualized service plan at the time of petitioning the local juvenile and domestic relations court for approval of the entrustment agreement or to assess the care and custody of the child, whichever is appropriate.

O. The provider shall participate in all court hearings involving the child, as long as the child is placed in the independent foster home.

P. The provider shall include:

The child whenever possible and appropriate to the child's age and development;
The parents or prior guardians of the child; and
Professionals involved with the child in the development of the foster care service plan or individualized service plan.

Q. The provider shall follow the requirements of § 16.1-282 related to the review of the foster care service plan and shall petition the local juvenile and domestic relations court within five months of the court's approval of the entrustment agreement or within five months of the dispositional hearing at which the initial foster care plan was reviewed.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Part IV Standards for the Home of the Provider

22VAC40-141-190 Physical accommodations in the independent foster home

A. The home shall be clean and have sufficient space and furnishings for each child receiving care in the home to include:

Space to meet the needs of the foster family in addition to that required for the foster children;
Bedrooms which are not used as passageways and which have doors for privacy;
Space for each child to keep clothing and other personal belongings;
Indoor bathing and toilet facilities in good working order with a door for privacy;
At least one toilet, basin, and tub or shower shall be available for every eight persons;
A separate, comfortable bed for each child and sufficient bedding to ensure cleanliness and comfort. A crib that meets current Consumer Product Safety Commission standards (16 CFR Parts 1508 and 1509) shall be provided for infants and children not developmentally ready to sleep in a bed. Exception: Two siblings of the same sex may occupy a double bed; and
Sleeping space on the first floor for children unable to use stairs unassisted, except children who can easily be carried.

B. All rooms used by children shall be heated to at least 68°F in winter, dry and well-ventilated.

C. A child-safe, mechanical cooling device, e.g., an electric fan or air conditioner, shall be used when the temperature inside the room exceeds 80°F.

D. All doors and windows used for ventilation shall be screened.

E. Rooms used by children shall be well-lighted for activities and the comfort of children.

F. The home shall have a working telephone available to all household members for use in case of emergency.

G. The telephone number shall be provided to:

The licensing representative;
Parents and legal guardians of children placed in the home; and
Children when they are away from the home.

H. No more than four children shall occupy one bedroom.

Children of the opposite sex over the age of two shall not share a bedroom.
Children shall not share a bed or bedroom with the provider or other adult.

I. There shall be at least three feet between each bed and sufficient space for each child to move about safely.

J. There shall be provision for isolation of sick children.

K. If the licensing representative observes conditions that indicate the need for an inspection by the local health department and makes this request of the provider, the provider shall comply and provide a copy of the report to the department.

L. The provider shall ensure that a smoke-free environment is provided in rooms accessible to children while children are in care.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-200 Home safety

A. The provider shall have a plan for seeking assistance from police, firefighters, poison control, and medical professionals in an emergency.

B. The telephone numbers for police, firefighters, poison control, and medical professionals shall be posted next to each telephone.

C. The home and grounds:

Shall be in good physical repair;
Shall be free of litter, debris, peeling or chipped paint, hazardous materials, and infestations of rodents and insects; and
Shall present no hazard to the health and safety of the children receiving care.

D. The provider shall:

Have a written, posted emergency evacuation plan; and
Rehearse the plan at least monthly.

E. Within the first 48 hours of a child's placement in the home, the provider shall review the plan with each child who is old enough to understand.

F. If the provider possesses firearms, ammunition, and other weapons, the provider shall keep the firearms unloaded and locked and other weapons locked.

G. Ammunition shall be locked in a separate location.

H. The provider shall keep cleaning supplies and other toxic substances:

Stored away from food; and
Locked or out of the reach of children under the age of 13.

I. When infants or children who are not developmentally ready to climb or descend stairs are in the home, the provider shall have protective barriers installed securely at each opening to stairways.

J. Swimming and wading pools shall be set up according to the manufacturer's instructions.

K. Outdoor swimming pools shall be enclosed by safety fences and gates with child-resistant locks.

L. Wading pools shall be:

Emptied and stored away when not in use; and
Filled with clean water before the next use.

M. Radiators, oil and wood burning stoves, floor furnaces, portable electric space heaters, fireplaces, and similar heating devices used in areas accessible to children under the age of 13 shall have protective barriers or screens.

N. All interior and exterior stairways with over three risers shall have hand rails at a height accessible to the children in the home.

O. Independent foster homes that provide care to preschool-age children or to developmentally delayed children of comparable maturity to a preschool child shall have protective, child-resistant covers over all electrical outlets.

P. The covers shall not be of a size to present a swallowing or choking hazard.

Q. The provider shall comply with the requirements for state regulated care facilities relating to smoke detectors and fire extinguishers.

R. Infants shall be placed to sleep on a firm, tight-fitting mattress in a crib that meets current safety standards.

S. To reduce the risk of suffocation, soft bedding of any kind shall not be used under or on top of the infant including, but not limited to, pillows, quilts, comforters, sheepskins, or stuffed toys.

T. Infants shall be placed on their backs when sleeping or napping unless otherwise directed by the child's physician.

U. If an individual child's physician contraindicates placing the child in this position, the provider shall maintain a written statement, signed by the physician, in the child's record.

V. Bunk beds or double decker beds shall have safety rails or mechanisms in place to reduce the risk of falls.

Children under age 10 shall not use the upper levels of a double decker or bunk bed.
Children of any age who have motor or developmental delays shall not use the upper bunk.

W. Pets shall be immunized for rabies and shall be treated for fleas, ticks, worms or other diseases as needed.

X. Providers shall instruct children on safe and hygienic procedures to follow when handling, feeding or in close proximity to animals.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Part V Recordkeeping

22VAC40-141-210 Record requirements

A. The provider shall maintain a separate record with written information on each child in care.

B. Records shall be kept for at least one year from the date of discharge.

C. Information in the child's record shall include:

The entrustment agreement or placing agreement between the provider and parent. The entrustment agreement or placing agreement shall include:

a. Identifying information, including proof of identity on the child, including:

(1) Name;

(2) Date of birth;

(3) Sex; and

(4) Date of placement;

b. The fees for foster care and other expenses and payment arrangements, including financial support from the parents or guardians;

c. The child's:

(1) Social security number;

(2) Medicaid or other insurance carrier and number; and

(3) Other information necessary to secure services for the child, including permission to receive medical and dental care;

d. Arrangements for visits by parents and other family members;

e. Rights and obligations of the child, the parents or guardians, and the independent foster home; and

f. Signatures of the parent or guardian and the independent foster parent;

Name, address and telephone numbers of parents and public or private agencies involved with the child, including the name of the assigned agency worker where appropriate;
The reason the child is placed in the independent foster home;
Name and telephone number of persons to be called in an emergency when the responsible person cannot be reached;
Names of persons who are authorized to call or visit the child;
Medical information pertinent to the health care of the child, including a list of all prescription and nonprescription medication the child receives;
Copies of the foster care or individualized service plans;
Correspondence and other documentation related to the child, including school records;
Reports of accidents, major injuries, illnesses and serious incidents, such as runaways, destruction of property, assaults on others and suicide threats or attempts;
The copy of the petition filed with the juvenile and domestic relations court if the child cannot return home within the time frames designated by the entrustment or placing agreement;
Copies of all related documents received from the court;
Services provided each week to the child by the provider and by other resources and services provided to the parent or guardian by the provider, if applicable, or by other resources, when known; and
Reasons the child was discharged and the date of discharge from the home.

D. The agreement shall be signed on or before the date the child is placed in the home.

E. A copy of the agreement shall be given to the parent or guardian.

F. Within 30 days after discharge, the provider shall prepare a brief summary of the child's behavioral, educational, and medical progress while in the home, and a statement as to whether the goals of placement were accomplished.

G. A copy of this report shall be:

Given to the parents or legal guardians within 45 days of discharge; and
Sent to the local juvenile and domestic relations court whenever the court has approved the entrustment agreement and the foster care service plan or a petition has been made to the court.

History

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Chapter 180 Voluntary Registration of Family Day Homes - Requirements for Providers - Renumbered as 8VAC20-850

Part I Introduction

22VAC40-180-10 Renumbered as 8VAC20-850-10

History

Historical Notes: Derived from VR615-35-01 § 1.1, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-20 (Repealed.)

Historical Notes

Derived from VR615-35-01 § 1.2, eff. July 1, 1993; repealed, Virginia Register Volume 33, Issue 2, eff. October 19, 2016.

Part II Provider Registration and General Procedures

22VAC40-180-30 Renumbered as 8VAC20-850-20

History

Historical Notes: Derived from VR615-35-01 § 2.1, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-40 Renumbered as 8VAC20-850-30

History

Historical Notes: Derived from VR615-35-01 § 2.2, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-50 Renumbered as 8VAC20-850-40

History

Historical Notes: Derived from VR615-35-01 § 2.3, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-60 Renumbered as 8VAC20-850-50

History

Historical Notes: Derived from VR615-35-01 § 2.4, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-70 Renumbered as 8VAC20-850-60

History

Historical Notes: Derived from VR615-35-01 § 2.5, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-80 Renumbered as 8VAC20-850-70

History

Historical Notes: Derived from VR615-35-01 § 2.6, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-90 Renumbered as 8VAC20-850-80

History

Historical Notes: Derived from VR615-35-01 § 2.7, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-100 Renumbered as 8VAC20-850-90

History

Historical Notes: Derived from VR615-35-01 § 2.8, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-180-110 Renumbered as 8VAC20-850-100

History

Historical Notes: Derived from VR615-35-01 § 2.9, eff. July 1, 1993; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Health and Safety Checklist

22VAC40-180-120 Renumbered as 8VAC20-850-110

History

Historical Notes: Derived from VR615-35-01 § 3.1, eff. July 1, 1993; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Chapter 185 Standards for Licensed Child Day Centers - Renumbered As 8VAC20-780

Part I Introduction

22VAC40-185-10 Renumbered as 8VAC20-780-10

History

Historical Notes: Former 22VAC15-30-10 derived from VR175-08-01 § 1.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 16, Issue 18, eff. June 21, 2000; Volume 21, Issue 12, eff. June 1, 2005; Volume 23, Issue 20, eff. July 11, 2007; Volume 28, Issue 7, eff. January 5, 2012; amended and renumbered as 22VAC40-185-10, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; Volume 36, Issue 2, eff. October 17, 2019; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-20 Renumbered as 8VAC20-780-20

History

Historical Notes: Former 22VAC15-30-20 derived from VR175-08-01 § 1.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-20, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-30 Renumbered as 8VAC20-780-30

History

Historical Notes: Former 22VAC15-30-30 derived from VR175-08-01 § 1.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-30, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-40 Renumbered as 8VAC20-780-40

History

Historical Notes: Former 22VAC15-30-50 derived from VR175-08-01 § 2.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-40, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; amended, Virginia Register Volume 32, Issue 6, eff. July 1, 2017; Volume 33, Issue 2, eff. October 19, 2016; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Administration

22VAC40-185-50 Renumbered as 8VAC20-780-50

History

Historical Notes: Former 22VAC15-30-70 derived from VR175-08-01 § 2.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-50, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-60 Renumbered as 8VAC20-780-60

History

Historical Notes: Former 22VAC15-30-80 derived from VR175-08-01 § 2.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-60, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-70 Renumbered as 8VAC20-780-70

History

Historical Notes: Former 22VAC15-30-90 derived from VR175-08-01 § 2.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-70, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-80 Renumbered as 8VAC20-780-80

History

Historical Notes: Former 22VAC15-30-100 derived from VR175-08-01 § 2.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-80, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-90 Renumbered as 8VAC20-780-90

History

Historical Notes: Former 22VAC15-30-110 derived from VR175-08-01 § 2.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-90, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-100 Renumbered as 8VAC20-780-100

History

Historical Notes: Former 22VAC15-30-120 derived from VR175-08-01; § 2.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-100, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-110 Renumbered as 8VAC20-780-110

History

Historical Notes: Former 22VAC15-30-130 derived from VR175-08-01 § 2.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-110, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-120 Renumbered as 8VAC20-780-120

History

Historical Notes: Former 22VAC15-30-140 derived from VR175-08-01 § 2.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-120, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-130 Renumbered as 8VAC20-780-130

History

Historical Notes: Former 22VAC15-30-150 derived from VR175-08-01 § 2.11, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-130, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-140 Renumbered as 8VAC20-780-140

History

Historical Notes: Former 22VAC15-30-160 derived from VR175-08-01 § 2.12, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-140, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-150 Renumbered as 8VAC20-780-150

History

Historical Notes: Former 22VAC15-30-170 derived from VR175-08-01 § 2.13, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-150, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-160 Renumbered as 8VAC20-780-160

History

Historical Notes: Former 22VAC15-30-180 derived from VR175-08-01 § 2.14, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-160, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-170 Renumbered as 8VAC20-780-170

History

Historical Notes: Former 22VAC15-30-190 derived from VR175-08-01 § 2.15, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-170, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-180 Renumbered as 8VAC20-780-180

History

Historical Notes: Former 22VAC15-30-200 derived from VR175-08-01 § 3.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Errata, 21:13 VA.R. 1941 March 7, 2005; amended and renumbered as 22VAC40-185-180, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-190 Renumbered as 8VAC20-780-190

History

Historical Notes: Former 22VAC15-30-230 derived from VR175-08-01 § 3.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-190, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Staff Qualifications and Training

22VAC40-185-200 Renumbered as 8VAC20-780-200

History

Historical Notes: Former 22VAC15-30-250 derived from VR175-08-01 § 3.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-200, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-210 Renumbered as 8VAC20-780-210

History

Historical Notes: Former 22VAC15-30-260 derived from VR175-08-01 § 3.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-210, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-220 Renumbered as 8VAC20-780-220

History

Historical Notes: Former 22VAC15-30-280 derived from VR175-08-01 § 3.9, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-220, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-230 Renumbered as 8VAC20-780-230

History

Historical Notes: Former 22VAC15-30-290 derived from VR175-08-01 § 3.10, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-230, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-240 Renumbered as 8VAC20-780-240

History

Historical Notes: Former 22VAC15-30-310 derived from VR175-08-01 § 3.12, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 23, Issue 20, eff. July 11, 2007; Volume 24, Issue 10, eff. March 6, 2008; amended and renumbered as 22VAC40-185-240, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; Volume 36, Issue 2, eff. October 17, 2019; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-250 Renumbered as 8VAC20-780-250

History

Statutory Authority: § of the Code of Virginia.
Historical Notes: Former 22VAC15-30-320 derived from VR175-08-01 § 4.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-250, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-260 Renumbered as 8VAC20-780-260

History

Historical Notes: Former 22VAC15-30-330 derived from VR175-08-01 § 4.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-260, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-270 Renumbered as 8VAC20-780-270

History

Historical Notes: Former 22VAC15-30-340 derived from VR175-08-01 § 4.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-270, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-280 Renumbered as 8VAC20-780-280

History

Historical Notes: Former 22VAC15-30-350 derived from VR175-08-01 § 4.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-280, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-290 Renumbered as 8VAC20-780-290

History

Historical Notes: Former 22VAC15-30-360 derived from VR175-08-01 § 4.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-290, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-300 Renumbered as 8VAC20-780-300

History

Historical Notes: Former 22VAC15-30-370 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-300, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021

22VAC40-185-310 Renumbered as 8VAC20-780-310

History

Historical Notes: Former 22VAC15-30-380 derived from VR175-08-01 § 4.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-310, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part IV Physical Plant

22VAC40-185-320 Renumbered as 8VAC20-780-320

History

Historical Notes: Former 22VAC15-30-390 derived from VR175-08-01 § 4.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-320, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-330 Renumbered as 8VAC20-780-330

History

Historical Notes: Former 22VAC15-30-410 derived from VR175-08-01 § 4.10, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 28, Issue 7, eff. January 5, 2012; amended and renumbered as 22VAC40-185-330, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part V Staffing and Supervision

22VAC40-185-340 Renumbered as 8VAC20-780-340

History

Historical Notes: Former 22VAC15-30-430 derived from VR175-08-01 § 5.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-340, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-350 Renumbered as 8VAC20-780-350

History

Historical Notes: Former 22VAC15-30-440 derived from VR175-08-01 § 5.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-350, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VI Programs

22VAC40-185-360 Renumbered as 8VAC20-780-360

History

Historical Notes: Former 22VAC15-30-451 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-360, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-370 Renumbered as 8VAC20-780-370

History

Historical Notes: Former 22VAC15-30-461 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-370, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-380 Renumbered as 8VAC20-780-380

History

Historical Notes: Former 22VAC15-30-471 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-380, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-390 Renumbered as 8VAC20-780-390

History

Historical Notes: Former 22VAC15-30-481 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-390, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-400 Renumbered as 8VAC20-780-400

History

Historical Notes: Former 22VAC15-30-484 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-400, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-410 Renumbered as 8VAC20-780-410

History

Historical Notes: Former 22VAC15-30-487 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended and renumbered as 22VAC40-185-410, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-420 Renumbered as 8VAC20-780-420

History

Historical Notes: Former 22VAC15-30-490 derived from VR175-08-01 § 6.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-420, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-430 Renumbered as 8VAC20-780-430

History

Historical Notes: Former 22VAC15-30-500 derived from VR175-08-01 § 6.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 28, Issue 7, eff. January 5, 2012; amended and renumbered as 22VAC40-185-430, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-440 Renumbered as 8VAC20-780-440

History

Historical Notes: Former 22VAC15-30-510 derived from VR175-08-01 § 6.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-440, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-450 Renumbered as 8VAC20-780-450

History

Historical Notes: Former 22VAC15-30-520 derived from VR175-08-01 § 6.8, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-450, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-460 Renumbered as 8VAC20-780-460

History

Historical Notes: Former 22VAC15-30-540 derived from VR175-08-01 § 6.10, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-460, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-470 Renumbered as 8VAC20-780-470

History

Historical Notes: Former 22VAC15-30-550 derived from VR175-08-01 § 6.11, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-470, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-480 Renumbered as 8VAC20-780-480

History

Historical Notes: Former 22VAC15-30-560 derived from VR175-08-01 § 6.12, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-480, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VII Special Care Provisions and Emergencies

22VAC40-185-490 Renumbered as 8VAC20-780-490

History

Historical Notes: Former 22VAC15-30-570 derived from VR175-08-01 § 7.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-490, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-500 Renumbered as 8VAC20-780-500

History

Historical Notes: Former 22VAC15-30-575 derived from Virginia Register Volume 14, Issue 21, eff. September 1, 1998; amended, Virginia Register Volume 21, Issue 12, eff. June 1, 2005; Errata, 21:13 VA.R. 1941 March 7, 2005; amended and renumbered as 22VAC40-185-500, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-510 Renumbered as 8VAC20-780-510

History

Historical Notes: Former 22VAC15-30-580 derived from VR175-08-01 § 7.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; Volume 23, Issue 20, eff. July 11, 2007; amended and renumbered as 22VAC40-185-510, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-520 Renumbered as 8VAC20-780-520

History

Historical Notes: Former 22VAC15-30-585 derived from Virginia Register Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-520, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-530 Renumbered as 8VAC20-780-530

History

Historical Notes: Former 22VAC15-30-590 derived from VR175-08-01 § 7.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-530, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-540 Renumbered as 8VAC20-780-540

History

Historical Notes: Former 22VAC15-30-600 derived from VR175-08-01 § 7.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-540, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-550 Renumbered as 8VAC20-780-550

History

Historical Notes: Former 22VAC15-30-610 derived from VR175-08-01 § 7.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-550, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part VIII Special Services

22VAC40-185-560 Renumbered as 8VAC20-780-560

History

Historical Notes: Former 22VAC15-30-620 derived from VR175-08-01 § 8.1, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-560, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-570 Renumbered as 8VAC20-780-570

History

Historical Notes: Former 22VAC15-30-630 derived from VR175-08-01 § 8.2, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-570, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-580 Renumbered as 8VAC20-780-580

History

Historical Notes: Former 22VAC15-30-640 derived from VR175-08-01 § 8.3, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-580, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-590 Renumbered as 8VAC20-780-590

History

Historical Notes: Former 22VAC15-30-650 derived from VR175-08-01 § 8.4, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998;Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-590, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-600 Renumbered as 8VAC20-780-600

History

Historical Notes: Former 22VAC15-30-660 derived from VR175-08-01 § 8.5, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-600, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-185-610 Renumbered as 8VAC20-780-610

History

Historical Notes: Former 22VAC15-30-670 derived from VR175-08-01 § 8.6, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-610, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Chapter 665 Child Care Program - Renumbered As 8VAC20-790

Part I General Provisions

22VAC40-665-10 Renumbered as 8VAC20-790-10

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-20 Renumbered as 8VAC20-790-20

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-30 Renumbered as 8VAC20-790-30

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-40 Renumbered as 8VAC20-790-40

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-50 Renumbered as 8VAC20-790-50

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-60 Renumbered as 8VAC20-790-60

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-70 Renumbered as 8VAC20-790-70

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-80 Renumbered as 8VAC20-790-80

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-90 Renumbered as 8VAC20-790-90

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-100 Renumbered as 8VAC20-790-100

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-105 Renumbered as 8VAC20-790-110

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-110 Renumbered as 8VAC20-790-120

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-115 Renumbered as 8VAC20-790-130

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Subsidy Program Vendor Requirements for Family Day Homes

22VAC40-665-120 Renumbered as 8VAC20-790-140

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-130 Renumbered as 8VAC20-790-150

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-140 Renumbered as 8VAC20-790-160

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-150 Renumbered as 8VAC20-790-170

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-160 Renumbered as 8VAC20-790-180

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-170 Renumbered as 8VAC20-790-190

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-180 Renumbered as 8VAC20-790-200

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; Errata, 35:7 VA.R. 1061 November 26, 2018; Errata, 35:8 VA.R. 1092 December 10, 2018; Volume 37, Issue 2, eff. October 15, 2020; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-190 Renumbered as 8VAC20-790-210

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-200 Renumbered as 8VAC20-790-220

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-210 Renumbered as 8VAC20-790-230

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-220 Renumbered as 8VAC20-790-240

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-230 Renumbered as 8VAC20-790-250

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-240 Renumbered as 8VAC20-790-260

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-250 Renumbered as 8VAC20-790-270

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-260 Renumbered as 8VAC20-790-280

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-270 Renumbered as 8VAC20-790-290

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-280 Renumbered as 8VAC20-790-300

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-290 Renumbered as 8VAC20-790-310

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-300 Renumbered as 8VAC20-790-320

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-310 Renumbered as 8VAC20-790-330

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-320 Renumbered as 8VAC20-790-340

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-330 Renumbered as 8VAC20-790-350

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-340 Renumbered as 8VAC20-790-360

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-350 Renumbered as 8VAC20-790-370

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-360 Renumbered as 8VAC20-790-380

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-370 Renumbered as 8VAC20-790-390

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-380 Renumbered as 8VAC20-790-400

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-390 Renumbered as 8VAC20-790-410

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-400 Renumbered as 8VAC20-790-420

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-410 Renumbered as 8VAC20-790-430

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-420 Renumbered as 8VAC20-790-440

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-430 Renumbered as 8VAC20-790-450

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-440 Renumbered as 8VAC20-790-460

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-450 Renumbered as 8VAC20-790-470

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-460 Renumbered as 8VAC20-790-480

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part III Subsidy Program Vendor Requirements for Child Day Centers

22VAC40-665-470 Renumbered as 8VAC20-790-490

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-480 Renumbered as 8VAC20-790-500

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-490 Renumbered as 8VAC20-790-510

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-500 Renumbered as 8VAC20-790-520

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-510 Renumbered as 8VAC20-790-530

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-520 Renumbered as 8VAC20-790-540

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-530 Renumbered as 8VAC20-790-550

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; Errata, 35:8 VA.R. 1092 December 10, 2018; Volume 37, Issue 2, eff. October 15, 2020; Errata, 37:12 VA.R. 1349 February 1, 2021; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-540 Renumbered as 8VAC20-790-560

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-550 Renumbered as 8VAC20-790-570

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-560 Renumbered as 8VAC20-790-580

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-570 Renumbered as 8VAC20-790-590

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-580 Renumbered as 8VAC20-790-600

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-590 Renumbered as 8VAC20-790-610

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-600 Renumbered as 8VAC20-790-620

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-610 Renumbered as 8VAC20-790-630

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-620 Renumbered as 8VAC20-790-640

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-630 Renumbered as 8VAC20-790-650

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-640 Renumbered as 8VAC20-790-660

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-650 Renumbered as 8VAC20-790-670

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; amended, Virginia Register Volume 36, Issue 2, eff. October 17, 2019; Volume 37, Issue 2, eff. October 15, 2020; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-660 Renumbered as 8VAC20-790-680

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-670 Renumbered as 8VAC20-790-690

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-680 Renumbered as 8VAC20-790-700

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-690 Renumbered as 8VAC20-790-710

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-700 Renumbered as 8VAC20-790-720

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-710 Renumbered as 8VAC20-790-730

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-720 Renumbered as 8VAC20-790-740

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-730 Renumbered as 8VAC20-790-750

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-740 Renumbered as 8VAC20-790-760

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-750 Renumbered as 8VAC20-790-770

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-760 Renumbered as 8VAC20-790-780

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-770 Renumbered as 8VAC20-790-790

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-780 Renumbered as 8VAC20-790-800

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-790 Renumbered as 8VAC20-790-810

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-800 Renumbered as 8VAC20-790-820

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-810 Renumbered as 8VAC20-790-830

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-820 Renumbered as 8VAC20-790-840

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-665-830 Renumbered as 8VAC20-790-850

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 2, eff. October 17, 2018; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Chapter 675 Personnel Policies for Local Departments of Social Services

Part I General Provisions

22VAC40-675-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative manual" means the Administrative/Human Resources Manual for Local Departments of Social Services, dated October 19, 2011, last revised May 1, 2015, Virginia Department of Social Services, which outlines the personnel policies and procedures.

"Board" means the State Board of Social Services.

"Classification" means the systematic grouping of positions based on shared characteristics.

"Commissioner" means the Commissioner of the Virginia Department of Social Services, his designee, or authorized representative.

"Department" means the Virginia Department of Social Services.

"Deviate" means to adopt all or portions of the local jurisdiction's personnel policies instead of using policies and procedures outlined in the administrative manual.

"Jurisdiction" or "local jurisdiction" means the city, county, or town under which the local department is a governmental unit.

"KSA" means knowledge, skill, or ability needed to perform the duties of a position.

"Local board" means the local administrative board of social services representing one or more counties or cities.

"Local compensation plan" means the locally developed compensation schedule that lists occupational titles and salary ranges from the minimum to the maximum amounts established for each band and tier and includes other pay actions.

"Local department" means the local department of social services of any city or county of this Commonwealth.

"Local director" means the director or his designated representative of a local department of social services for a city or county.

"Merit system plan" means those regulations adopted by the board in the development and operation of a system of personnel administration meeting requirements of the federal Department of Health and Human Services as relates to compliance with federal merit system standards set forth in the Code of Federal Regulations (5 CFR Part 900).

"Occupational group description" means a detailed statement that describes the characteristic elements of each occupational level within the occupational group.

"Salary range" means the range that identifies the minimum and maximum compensation rate authorized for a specific pay band and a specific tier within the pay band.

"State classification plan" means the department's classification plan that consists of approved occupational titles and their corresponding groups, pay bands, tiers, classification codes, equal employment opportunity codes, and effective dates.

"State compensation plan" means the department's pay plan, which provides local departments a basis for developing local compensation plans.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009; Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-20 Local department designation

Local departments are designated as Levels I through III. The level of a local department is based on the occupational title assigned to the local director. The level assigned to the local director is determined by the management structure, number and types of positions, and mandated and nonmandated social services programs in the administration of social services programs by the local department.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-30 Development of personnel policies and procedures

A. The board shall approve statewide personnel policies and procedures that are consistent with these regulations and the merit principles as outlined in the Code of Federal Regulations (5 CFR Part 900). These policies and procedures are contained in the administrative manual.

B. The local director shall submit an updated copy of the Human Resource Policy Record as designated by the department.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004.

22VAC40-675-40 Inclusion in local jurisdiction personnel plans

A. It is the policy of the board to allow local department employees to be included in the approved local jurisdiction personnel plans instead of utilizing personnel policies outlined in the administrative manual.

B. Comprehensive jurisdiction plans shall meet merit system standards and be comparable to personnel policies included in the administrative manual. Specific personnel functions that must be included in local jurisdiction personnel plans are listed in the administrative manual.

C. Such plans must be documented to the satisfaction of the board.

D. The board must approve the inclusion of local department employees in a jurisdiction's personnel plan prior to such inclusion becoming effective.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016; Volume 40, Issue 3, eff. October 26, 2023.

22VAC40-675-50 Adoption of specific policies of the local jurisdiction

A. A local department, upon approval by the local board, may request approval to follow specific local jurisdiction policies instead of the personnel policies and procedures outlined in the administrative manual. The following local policy options may be requested on the Local Policy Request Form:

Performance evaluation;
Standards of conduct;
Leave policies;
Holiday schedule;
Inclement weather;
Probationary period;
Layoff;
Classification, compensation, or classification and compensation;
Affirmative action; or
Political activity.

B. When the local department wants to exercise one or more of the allowable options, it must obtain required approvals and submit the required forms to the department in accordance with the administrative manual. The commissioner will provide his analysis to the board, and the deviation request shall be presented to the board for action.

C. When a local department desires to revert from the previously approved local jurisdiction human resources policy to the personnel policy set forth in the administrative manual, the local department shall notify the department by submitting an updated Human Resource Policy Record form.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

Part II State Classification and Compensation

22VAC40-675-60 State classification plan

The state classification plan consists of a broad range of approved occupational titles and accompanying occupational group descriptions for use by the local departments to develop their local compensation plans to administer the programs set forth in Title 63.2 of the Code of Virginia.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009.

22VAC40-675-70 Commissioner's responsibilities

A. The commissioner shall establish the state classification plan and shall submit the plan to the board for approval.

B. The commissioner shall maintain the state classification plan to ensure that it has the appropriate numbers and types of occupational titles to meet the needs of local departments.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009.

22VAC40-675-80 State compensation plan

A. The board shall approve a state compensation plan to ensure that it has the appropriate numbers and types of occupational titles to meet the needs of local departments.

B. The board shall review the state compensation plan as needed.

C. Amendments to the state compensation plan shall be presented to the board for approval.

D. The department shall advise local departments of all changes to the state compensation plan and any mandates that require local department action.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009.

22VAC40-675-90 Local compensation plans

A. A local department, upon approval by the local board, shall have flexibility in developing the local compensation plan to select salary ranges within the approved state compensation plan that are suitable to local situations. The range for each occupational title shall provide local minimum and maximum rates. The local plan shall ensure that local minimum salary rates do not fall below the state compensation plan minimum salary for that occupational title. A request to modify salary ranges within the state minimum and maximum rates does not constitute a deviation as described in 22VAC40-675-110.

B. A local compensation plan shall include policies and procedures for awarding salary increments, merit increases, special compensation for child and adult protective service work, employee or position status changes, and any other type of approved increases. Salary determinations shall be rendered in a fair and consistent manner to ensure equal pay for equal work.

C. All requested position actions by local departments must be reviewed and approved by the department prior to implementation.

D. Midyear changes to the local compensation plan must be submitted to the department for review and approval.

E. Local compensation policies and practices shall comply with federal and state laws including the federal Fair Labor Standards Act (29 USC § 201 et seq.), the administrative manual, and procedures provided by the department.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009; Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-100 Other local compensation issues

A. In localities where the governing body has elected to have a director of social services serve as the local board, reimbursement for governing body assigned expenses shall be in accordance with § 63.2-310 of the Code of Virginia.

B. Provisions shall be made for overtime worked in accordance with the Fair Labor Standards Act (29 USC § 201 et seq.). The reimbursement shall be up to the reimbursable maximum of the applicable state occupational title.

C. Provisions shall be made for other types of compensation as deemed necessary by the board and set forth in the administrative manual.

D. Local departments with approved deviating compensation plans will also be reimbursed up to the maximum of the applicable state position occupational title. When the local deviating maximum exceeds the state reimbursable maximum, local-only funds shall be used to compensate for overtime and any federal funds that are available and appropriate for such use.

E. Reimbursements shall be made for absences that result from the closing of local departments' operations because of inclement weather conditions or other authorized closing.

F. Bonuses for employees of local departments of social services shall be consistent with § 15.2-1508 of the Code of Virginia and with procedures provided by the department.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 25, Issue 21, eff. August 6, 2009; Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-110 Deviations from state classification or compensation plans

A. A local department's request for deviation from the state classification plan and state compensation plan shall be made to the board.

B. Deviation requests may be either for classification, classification and compensation, or compensation only. When the local department wants to exercise one of these options, it must obtain required approvals and submit the required forms to the department in accordance with the administrative manual. The commissioner will provide his analysis to the board.

C. Local departments shall submit required forms as specified in the administrative manual when requesting deviation from the state classification plan, classification and compensation plan, or compensation plan.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-120 Reviews

A. Personnel policies and practices by the local departments are subject to review by the department.

B. Reviews may include the assessment and analysis of personnel data, records, reports, systems, and feedback from local department employees.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

Part III Recruitment and Selection of Local Department Employees

22VAC40-675-130 General hiring provision

A. Recruitment, selection, and advancement of employees shall be on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for original appointment assuring fair treatment of applicants and employees in all aspects of personnel administration and with proper regard to their privacy and constitutional rights as citizens. This fair treatment principle includes compliance with federal equal employment opportunity and nondiscrimination laws.

B. The department shall determine the application process and employment forms to be used by all applicants for original appointment, promotion, demotion, transfer, and reemployment.

C. In accordance with § 63.2-325 of the Code of Virginia, the commissioner shall provide a list of eligible candidates for the position of local director to the local board or other appropriate appointing authority.

D. The board shall place the responsibility of the final selection process of local department employees with the local director and local board.

E. Local departments adopting local jurisdiction personnel plans shall follow the provisions of the city, county, or town of which they are a governmental unit.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

Part IV Employee Status

22VAC40-675-140 Employee status in the merit system plan

A. Status defines the employee's permanency in the system as it relates to benefits and the use of grievance policies.

B. The types of employee status included in the merit system plan are probationary, regular, restricted, temporary, and emergency.

C. Local departments shall provide benefits in accordance with the requirements of the administrative manual.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

22VAC40-675-150 Reimbursements to local departments for benefits paid to employees

All reimbursements shall be made in accordance with policies and procedures provided by the department.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004.

22VAC40-675-160 Termination or separation from local service

The local board or other appointing authority subject to the merit system plan shall ensure that employees are separated in accordance with procedures contained in the administrative manual.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004.

Part V Employee Performance

22VAC40-675-170 Performance evaluation of local department employees

A. The local board shall complete the performance evaluation of the local director using the standards approved by the board and contained in the administrative manual.

B. The local directors have responsibility for ensuring the evaluation of local employees in accordance with the administrative manual.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004.

Part VI Equal Employment Opportunity

22VAC40-675-180 Equal employment opportunity

A. The board promotes equal employment opportunity and follows all applicable federal, state, and local nondiscrimination laws.

B. Employees or applicants for employment who believe that they have been discriminated against may file a complaint with the nearest local office of the Equal Employment Opportunity Commission.

C. All local departments are required to cooperate fully with the Equal Employment Opportunity Commission or any other official investigation of charges of discrimination. Cooperation includes providing papers, notes, documents, and any other written material and responding to questions deemed necessary to investigate the charge.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016; Volume 40, Issue 3, eff. October 26, 2023.

Part VII Standards of Conduct

22VAC40-675-190 Intent and scope of the standards of conduct

A. The intent of the standards of conduct is to protect the well-being of employees, ensure safe and efficient operations, and establish a fair and objective process for correcting unacceptable conduct.

B. Standards of conduct shall be limited to employee conduct occurring at work or when otherwise representing the local department in a work-related capacity, unless otherwise specified in department policies and procedures.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 40, Issue 3, eff. October 26, 2023.

Part VIII Grievance Procedure

22VAC40-675-200 Employee grievance procedure

A local department or local board shall adopt a grievance procedure that is either (i) adopted by the locality in which the local department or local board is located, or in the case of a regional department or board, the grievance procedure adopted by one of its localities in the regional organization or (ii) approved by the state board. The board-approved grievance procedure in the administrative manual shall be consistent with the provisions of Chapter 30 (§ 2.2-3000 et seq.) of Title 2.2 of the Code of Virginia. The grievance procedure adopted by the local department or local board shall apply to employees, including local directors, of the local boards and local departments.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

Part IX Other Employee Relations Policies

22VAC40-675-210 Political activity

A. No local department employee shall:

Use the employee's official authority or influence to interfere with or affect the result of a nomination or election to public office or position;
Directly or indirectly coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
Be a candidate for a partisan public elective office in a primary, general, or special election if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a federal agency.

B. The local department's provisions on political activity shall be consistent with the federal Hatch Act (5 USC §§ 1501-1508) and facilitate effective control of prohibited political activity by employees.

C. In general, the Hatch Act covers officers or employees of a state or local department if their principal employment is in connection with an activity that is financed in whole or in part by loans or grants made by a federal agency. An employee subject to political activity laws continues to be covered by these laws and regulations while on annual leave, sick leave, leave without pay, administrative leave, or furlough.

D. The board shall promulgate policy consistent with these provisions. Local departments may request to deviate to local jurisdiction political activity policy that is consistent with the federal Hatch Act and applicable state and local laws, regulations, and ordinances. When the local department wants to exercise this option, it must obtain required approvals and submit the required forms to the department in accordance with the administrative manual. The commissioner will provide his analysis to the board, and the deviation request shall be presented to the board for action.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016; amended, Volume 40, Issue 11, eff. February 14, 2024.

22VAC40-675-220 Outside employment of local department employees

A. Employees in local departments shall not engage in any other employment, any private business, or in the conduct of a profession that interferes with their usefulness as employees or with their work performance during normal working hours or be in violation of Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.

B. If an employee desires to seek or be engaged in outside employment, the employee must first obtain approval from the local director. If the local director desires to seek or be engaged in outside employment, the local director must first obtain approval from the local board. A local director who serves as the local board and desires to seek or be engaged in outside employment must first obtain approval from the elected governing body or its designee.

C. If an employee accepts employment outside the local department without receiving prior approval, the employee will be subject to disciplinary action under the standards of conduct.

History

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.

Chapter 680 Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (LIHEAP)

Part I Definitions

22VAC40-680-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context indicates otherwise:

"Department" means the Department of Social Services.

"Disabled person" means a person receiving Social Security disability, Railroad Retirement disability, 100% Veterans Administration disability, Supplemental Security Income as disabled, or an individual who has been certified as permanently and totally disabled for Medicaid purposes.

"Elderly person" means anyone who is 60 years of age or older.

"Energy burden" means the average fuel cost for the primary fuel type used by a household divided by the income of the household.

"Energy-related emergency" means a household has no heat or an imminent utility cutoff or no single source of operable or safe heating equipment.

"Fiscal year" means October 1 through September 30.

"Household" means an individual or group of individuals who occupies a housing unit and functions as an economic unit by purchasing residential energy in common (share heat), or making undesignated payments for energy in the form of rent (heat is included in the rent).

"Poverty guidelines" means the Poverty Income Guidelines as established and published annually by the Department of Health and Human Services.

"Primary fuel" means the fuel used to operate the primary heating system currently used to heat the majority of the house.

"Primary heating system" means the system that is currently used to heat the majority of the house.

"Vulnerability factor" means an individual is a child under the age of six or meets the definition of an elderly or disabled person.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 1.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 13, Issue 2, eff. November 13, 1996; Volume 14, Issue 4, eff. December 10, 1997; Volume 17, Issue 5, eff. December 20, 2000.

Part II Fuel Assistance

22VAC40-680-20 Eligibility criteria

A. The purpose of the fuel assistance component is to provide heating assistance to eligible households to offset the costs of home heating energy that are excessive in relation to household income.

B. Eligibility criteria are set out in this subsection.

Income limits. Maximum income limits shall not exceed the maximum allowed by federal law. In order to be eligible for fuel assistance, a household's income must be at or below the maximum income limits.
Alien status. An alien who meets a qualified status as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193, regardless of when he entered the United States, is eligible to receive assistance and services under the Low Income Home Energy Assistance Program (LIHEAP) if he meets other program requirements.
Ineligible households. The households that are ineligible to receive fuel assistance are:

a. Subsidized households whose total heating costs are included in their rent.

b. Persons living in institutions.

c. Persons living in temporary shelters or group homes who have no heating expense or who pay a nominal fee to live there.

d. Persons who reside in only one room within a larger dwelling.

e. Subsidized households who are responsible for payment of individual excess fuel usage charges even though heating expenses are included in their rent.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 2.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 17, Issue 5, eff. December 20, 2000; Volume 19, Issue 10, eff. February 26, 2003.

22VAC40-680-30 Benefits

Benefit levels shall be established based on income in relation to household size, fuel type, and geographic area, with the highest benefit given to households with the least income and the highest energy need.

Geographic areas are the six climate zones for Virginia recognized by the National Oceanic and Atmospheric Administration and the United States Department of Commerce. The six climate zones are: Northern, Tidewater, Central Mountain, Southwestern Mountain, Eastern Piedmont, and Western Piedmont.

Each year the benefit amounts for each household shall be determined by state computer using the following method:

The following factors for each household will be assigned a point value:

a. Gross monthly income;

b. Living arrangements;

c. Primary heat type;

d. Climate zone;

e. Vulnerability:

(1) Person 60 years of age or older;

(2) Disabled person in household;

(3) Child under six; and

f. Energy burden.

Point values will be determined by department staff in accordance with guidelines established by the State Board of Social Services.

The total points of all households will be determined.
The available benefit dollars will be divided by the point total to determine a point dollar value.
The household's benefit amount will be calculated by multiplying the household's point total by the value per point.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 2.2, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 14, Issue 4, eff. December 10, 1997.

22VAC40-680-40 Application period

The application period for fuel assistance shall begin not earlier than September 1 and shall end not later than March 31 each year. The Board of Social services shall set specific dates within that period for acceptance of fuel assistance applications.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 2.3, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Part III Crisis Assistance

22VAC40-680-50 Eligibility criteria; benefits

A. The purpose of the crisis assistance component is to assist households with energy-related emergencies. This component is intended to help the household meet energy emergencies that cannot be met by other resources.

B. In order to be eligible for crisis assistance, a household shall meet the following criteria:

All of the fuel assistance criteria as set forth in 22VAC40-680-20;
Have an energy-related emergency as defined in 22VAC40-680-10;
Applicant or community resources cannot meet the emergency;
Did not receive crisis assistance maximum benefit during the current year.

C. The State Board of Social Services shall set benefit amounts for each type of assistance offered based on the availability of federal block grant funding. The following forms of assistance shall be provided:

A one-time only payment for a security deposit for the primary fuel type;
Providing space heaters;
Providing emergency shelter;
Purchase of primary fuel;
Repair of inoperable or unsafe heating equipment including necessary maintenance cost of heating equipment and the purchase of supplemental equipment; and
Purchase of heating equipment.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 3.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 13, Issue 2, eff. November 13, 1996; Volume 14, Issue 4, eff. December 10, 1997.

22VAC40-680-60 Application period

The application period for crisis assistance shall begin not earlier than September 1 and shall end not later than March 31 each year unless funds are depleted earlier. The Board of Social Services shall set specific dates within that period for the acceptance of crisis assistance applications.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 3.2, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Part IV Cooling Assistance

22VAC40-680-63 Eligibility criteria; benefits

A. The purpose of the cooling assistance component is to assist low-income households with their cooling needs when other resources cannot meet those needs. Assistance provided through the program must continue or provide cooling services.

B. In order to be eligible for cooling assistance, a household shall:

Meet all of the fuel assistance criteria as set forth in 22VAC40-680-20;
Have at least one vulnerable household member as set forth in 22VAC40-680-10;
Be unable to meet the emergency requirements through applicant or community resources; and
Not have received the cooling assistance maximum benefit during the current year.

C. The benefit amount for each type of assistance offered is the average cost as determined by a statewide survey and the availability of federal block grant funding. Various types of assistance, contingent upon funds available, may be provided.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

22VAC40-680-65 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; repealed, Virginia Register Volume 15, Issue 17, eff. June 9, 1999.

22VAC40-680-67 Application period

Cooling assistance will be offered when sufficient federal funding is available. The application period shall begin on June 15 and end no later than August 15 unless funds are depleted earlier. Applications shall be accepted by all local departments.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

Part V Administrative Costs

22VAC40-680-70 Administrative costs

Local administrative expenditures for the implementation of the Energy Assistance Program shall not be reimbursed in excess of 7.0% of program grant allocation.

History

Statutory Authority: § 63.2-217 of the Code of Virginia.
Historical Notes: Derived from VR615-08-01 § 4.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Chapter 690 Virginia Child Care Provider Scholarship Program - Renumbered as 8VAC20-840

Part I General Provisions

22VAC40-690-10 Renumbered as 8VAC20-840-10

History

Historical Notes: Derived from VR615-32-01:1 § 1.1, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-15 Renumbered as 8VAC20-840-20

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 1, eff. September 1, 2001; amended, Virginia Register Volume 30, Issue 6, eff. January 2, 2014; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

Part II Administrative Procedures

22VAC40-690-20 Renumbered as 8VAC20-840-30

History

Historical Notes: Derived from VR615-32-01:1 § 2.1, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-30 Renumbered as 8VAC20-840-40

History

Historical Notes: Derived from VR615-32-01:1 § 2.2, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-35 Renumbered as 8VAC20-840-50

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. September 1, 2001; amended, Virginia Register Volume 30, Issue 6, eff. January 2, 2014; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-40 Renumbered as 8VAC20-840-60

History

Historical Notes: Derived from VR615-32-01:1 § 2.3, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-50 (Repealed.)

Historical Notes

Derived from VR615-32-01:1 § 2.4, eff. July 1, 1992.; repealed, Virginia Register Volume 17, Issue 18, eff. September 1, 2001.

22VAC40-690-55 Renumbered as 8VAC20-840-70

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. September 1, 2001; Errata, 17:21 VA.R. 3124 July 2, 2001; amended, Virginia Register Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-60 Renumbered as 8VAC20-840-80

History

Historical Notes: Derived from VR615-32-01:1 § 2.5, eff. July 1, 1992; amended, Virginia Register Volume 17, Issue 18, eff. September 1, 2001; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-65 Renumbered as 8VAC20-840-90

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. September 1, 2001; amended, Virginia Register Volume 24, Issue 24, eff. October 1, 2008; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.

22VAC40-690-70 (Repealed.)

Historical Notes

Derived from VR615-32-01:1 § 2.6, eff. July 1, 1992.; repealed, Virginia Register Volume 17, Issue 18, eff. September 1, 2001.

Agency 45 Department For The Blind And Vision Impaired

Chapter 12 Public Participation Guidelines

Part I Purpose and Definitions

22VAC45-12-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department for the Blind and Vision Impaired. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department for the Blind and Vision Impaired, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

Part II Notification of Interested Persons

22VAC45-12-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 22VAC45-12-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

Part III Public Participation Procedures

22VAC45-12-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

22VAC45-12-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 51.5-65 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 1, 2008.

Chapter 20 Regulations to Govern the Operation of Vending Facilities in Public Buildings and Other Property

Part I Introduction

22VAC45-20-10 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Randolph-Sheppard Vending Stand Act (P.L. 74‑732), as amended by P.L. 83‑565 and P.L. 93‑516, 20 USC, Chapter 6A, § 107.

"Blind licensee" means a blind person licensed by the state licensing agency to operate a vending stand or vending facility on public or other property.

"Blind person" means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person shall select, has been determined to have (i) not more than 20/200 central visual acuity in the better eye with correcting lenses, or (ii) an equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees pursuant to 34 CFR 395.1(c).

"Custodian" means any person or group of persons having the authority to grant permission for the installation and operation of vending facilities and vending stands.

"Department" or "DBVI" means the Department for the Blind and Vision Impaired.

"Direct competition" means the presence of an operation of a vending machine or a vending facility on the same premises as a vending facility operated by a blind vendor. (Vending machines or vending facilities operated in areas where the majority of employees do not have direct access to the vending facility operated by a blind vendor, shall not be considered to be in direct competition with the vending facility operated by a blind vendor.)

"License" means a written instrument issued by the state licensing agency to a blind person, authorizing such person to operate a vending facility or vending stand.

"Management services" means supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities and vending stands operated by blind vendors. "Management services" does not include those services or costs which pertain to the ongoing operating of an individual facility after the establishment period.

"Net proceeds" means the amount remaining from the sale of articles or services of vending facilities, vending stands, or other income accruing to blind vendors after deducting the cost of such sale and other expenses.

"Nominee" means a nonprofit agency or organization designated by a state licensing agency through a contractual arrangement to act as its agent in the provision of services to blind licensees.

"Permit" means the official approval given to a state licensing agency by a department, agency, or instrumentality in control of maintenance operation and protection of federal property, or person in control of public and private buildings and other properties, whereby the state licensing agency is authorized to establish a vending facility or vending stand.

"Program" means all the activities of the state licensing agency under this chapter related to public and private buildings and other properties throughout the Commonwealth.

"Public and private buildings and other properties throughout the Commonwealth" means buildings, land, or other property owned by or leased to the Commonwealth or a political subdivision, including a municipality, or a corporation or individual.

"Set aside funds" means funds which accrue to a state licensing agency from an assessment against the net proceeds of each vending facility or vending stand in the state's vending facility program and any income from vending machines on public and private buildings and other properties which accrue to the state licensing agency.

"State vocational rehabilitation agency" means the state agency designated by the Secretary of Education to issue licenses to blind persons for the operation of vending facilities and vending stands on public and private buildings and other properties throughout the Commonwealth.

"Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment that may be operated by blind licensees and that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending for any lottery authorized by state law and conducted by an agency of a state within such state.

"Vending stand" means an installation in any public or private building for the sale of newspapers, periodicals, confections, tobacco products, soft drinks, ice cream, wrapped foods, and other such articles as may be approved by the custodian and the department.

"Vending machine" means a coin or currency operated machine that dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.

"Vending machine income" means receipts from public, private, and other property after deducting applicable costs where (i) the machines are operated by the property custodian, (ii) commissions are received by the property custodian, and (iii) an activity receives income from a commercial vending firm that provides vending machines on the property with the approval of the property custodian.

"Vendor" means a blind licensee who is operating a vending facility or vending stand on federal property, in a public or private building, or on other property throughout the Commonwealth.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 1.1, eff. March 28, 1990; amended, Virginia Register Volume 35, Issue 23, eff. August 23, 2019.

Part II Eligibility

22VAC45-20-20 Issuance of licenses

The department shall issue a license to operate a vending facility to persons who are in need of employment and who meet the following criteria:

A blind person who is at least 18 years of age and a citizen of the United States.
The individual successfully completes the prescribed training and satisfactorily completes all probationary periods.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 2.1, eff. March 28, 1990.

22VAC45-20-30 Termination of licenses

A. Licenses issued to blind persons to operate vending facilities shall be issued for an indefinite period but shall be subject to suspension or termination if, after affording the vendor an opportunity for a full evidentiary hearing, the department finds that the vending facility is not being operated in accordance with its regulations, the terms and conditions of the permit, or the terms and conditions of the written agreement with the vendor.

B. Additionally, the license of an individual vendor for the operation of a vending facility on federal or other property may be suspended or terminated for any of the following reasons:

Improvement of vision so that the vendor no longer meets the definition of blind person;
Extended illness with medically documented diagnosis of prolonged incapacity of the vendor to operate the vending facility in a manner consistent with the needs of the location or other available locations in the vending facility program; or
Withdrawal of the vendor from the program upon his written notification to the department.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 2.2, eff. March 28, 1990.

Part III Operations

22VAC45-20-40 Vending facility equipment and initial stock

The department is responsible for furnishing each vending facility with adequate, suitable equipment and initial stocks of merchandise necessary for the establishment and operation of such facility.

The right, title to, and interest in the equipment of each vending facility (exclusive of automatic coin-operated machines, except for those facilities that are totally coin operated) used in the program and the stock of merchandise shall be vested in the department; provided that title, at the discretion of the department, may be vested in an agency or organization designated by the department under terms of a written agreement as its nominee, to hold such title for program purposes only, subject to the paramount right of the department to direct and control the use, transfer, and disposition of such vending facility equipment and stock of merchandise.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.1, eff. March 28, 1990.

22VAC45-20-50 Maintenance and replacement of equipment

The department shall maintain all vending facility equipment in good repair and in attractive condition, and shall replace worn out or obsolete equipment as required to ensure the continued successful operation of the vending facility.

The department shall cause the repair or replacement of vending facility equipment upon the recommendation of the vendor and the business counselor and the approval of the program manager. When equipment is no longer functional and has been fully depreciated, the equipment shall be placed in the surplus process through the Department of General Services in accordance with state regulations.

Each vendor shall take reasonable care of the equipment in his facility and shall carry out routine, day-to-day maintenance procedures prescribed for such equipment.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.2, eff. March 28, 1990.

22VAC45-20-60 Operating agreement between the department and blind vendor

The department shall cause to be signed an agreement between the department and each blind vendor which shall be developed with the active participation of the vending facility vendors council covering the basic terms and conditions including, but not restricted to, the following:

The duties of the vendor and the performance of such duties in accordance with standards prescribed by the department. Such standards shall be developed with the active participation of the vending facility vendors council. Such standards shall conform to applicable health laws and regulations, and the terms of the permit granted by, or the contract entered into with, the federal or other agency or organization in control of the site of the vending facility.
The responsibilities of the department to provide management services to the vendor including assistance and supervision, and the ways in which such responsibilities will be carried out.
A statement that the vendor shall receive the net proceeds from the vending facility which he operates.
The responsibility of the vendor to furnish such reports as the department may require.
The right of the vendor to terminate the operating agreement at any time.
The termination of the operating agreement upon termination of the permit or contract.
The termination or revocation of the operating agreement upon failure of the vendor to operate the vending facility or vending stand in accordance with the operating agreement or applicable federal, state, or local laws or regulations.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.3, eff. March 28, 1990.

22VAC45-20-70 Transfer and promotion of vendors

A. The department shall use as a basis for vendor upward mobility or transfer, the following criteria:

Sanitation inspections;
Business counselor evaluation for upward mobility;
Tenure in program;
Gross profit percentage;
Vendor attitude toward the program;
Appearance;
Attendance (Daily);
Building host-employee relations; and
Customer relations.

B. Each category shall be evaluated independently of the other with no single category outweighing the other. The total score of each vendor shall be the sum of scores in each category.

C. Vendors who apply for upward mobility or transfer and who are denied their request shall be entitled to review the evaluation. The state licensing agency shall show cause for the nonaward.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.4, eff. March 28, 1990.

22VAC45-20-80 Training of blind vendors

A. The department, with the active participation of the vending facility vendors council, shall ensure that effective programs of vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, shall be provided to eligible blind individuals as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974.

B. These programs shall include classroom as well as on-the-job training in all aspects of vending facility operation for blind persons with the capacity to operate a vending facility, and upward mobility training (including further education and additional training or retraining for improved work opportunities) for all blind licensees. The department shall ensure that post-employment services shall be provided to blind vendors in vocational rehabilitation services as necessary to assure that the optimum vocational potential of such vendors is achieved and suitable employment is maintained within the vending facility program.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.5, eff. March 28, 1990.

22VAC45-20-90 Election, organization and function of the vending facility vendors council

A. The function of the vending facility vendors council shall be:

To participate with the state licensing agency in major administrative actions and program development;
To receive grievances of blind vendors and serve as advocates for such vendors;
To participate with the state licensing agency in the development and administration of a transfer and promotion service for blind vendors;
To participate with the state licensing agency in developing a training and retraining program;
Sponsorship with the state licensing agency in meeting and instructional conferences for blind vendors; and
Such other functions as may be of interest to blind vendors.

B. The state licensing agency has the ultimate responsibility for the administration of the state vending facility program. When the agency position is opposed to that of the vending facility vendors council, the agency will notify the council in writing of the decision reached or the action taken and the reasons for them.

C. Council membership. The vending facility vendors council shall consist of nine vendors. Two from the Richmond district; two from the Norfolk district; two from the Roanoke district; and three from the Northern Virginia district.

D. Elections.

All elections shall be conducted by the state licensing agency or its nominee in the district to be represented. The election shall be opened to all vendors in the district. A simple majority shall elect.
The members of the council shall elect the chairman by simple majority to serve for a one-year term. The chairman shall be elected after the elections of council members, but before October 1.

E. Terms of office. All terms of office shall be two years. Councilmen shall be eligible for reelection. The terms of office shall start October 1 of the year elected.

F. Meetings of council. The vending facility vendors council shall meet at least biannually. When the vending facility vendors council meets to conduct business, there shall be a quorum of not less than four members present. Subcommittees will be appointed by the council to carry on the business between regular council meetings.

G. Removal of a councilman and vacancies. Any councilman found abusing, misusing, or neglecting his office may be required to show cause at a meeting of the vendors in his district why he should not be removed from office. Removal shall require a 2/3 majority vote by the vendors council membership. Vacancies on council will be filled by a special election held by DVH or its nominee in the district concerned.

H. Financial data and reports.

The DVH shall provide relevant financial data concerning the vending facility program to each of the nine councilmen.
To the extent permissible under applicable federal or state laws pertaining to the disclosure of confidential information, the department shall provide quarterly and annual financial reports and program data to the vending facility vendors council. Such data shall be made available by medium of choice to each blind vendor, upon request; and when requested, the department will arrange a convenient time to assist in the interpretation of such data.

I. Amendments to council guidelines and reference. Any changes in these guidelines are to be presented in the following manner:

If a vendor or the state licensing agency wishes formal changes in the guidelines, such proposed changes shall be prepared in writing at least 30 days prior to the annual vendors meeting. Copies should be distributed to each vendor, the commissioner of DVH and the program manager.
The proposed change will be incorporated into the business meeting of the annual vendors meeting. Discussion will occur on the merit of the proposed change and the change will be approved or rejected by a simple majority of the blind vendors at the annual vendor's meeting.
Reference. The vending facility vendors council may be referred to as the V.F.V. Council.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.6, eff. March 28, 1990.

22VAC45-20-100 Standards of operation in management of a vending facility

A. The following standards shall constitute the department's minimum policy requirements for the operation and supervision of the vending facility program.

Operations manual. An operations manual shall be maintained in each facility. The blind licensee shall operate the facility so as to comply with the requirements as specified in the operations guidelines.
Vacations. Since the blind licensee receives the net proceeds from the facility, any vacation taken by the blind licensee will be at his own expense and the salary paid the substitute manager will be deducted from the proceeds. Requests for vacations shall be filed in writing with the nominee on or before March 1 of the calendar year in which the vacation is to be taken. Both the time for requesting vacation and the selection of the substitute manager shall be subject to prior approval by the department.
Sick leave. In the event of illness, the nominee will supply a substitute manager whose salary will be deducted from the proceeds of the facility. In instances of incapacity or prolonged illness the blind licensee may be replaced at the discretion of the department. Incapacity or prolonged illness is defined as one lasting six months or longer. An accumulation of absences due to illness and incapacity will be considered within the calendar year. In such cases, management, with input from the vendors council, will determine the final outcome to the blind licensee. Blind licensees in facilities producing fair minimum or less shall have expenses for sick leave subtracted from fair minimum.
Permits and contracts. All official permits and contracts with building management for vending facilities shall be made by an official representative of the department. Such permits and contracts are the property of the department. Any inquiries concerning permits or contracts made by building management shall be referred to the department.
Building host relationship. The blind licensee and assistant deputy commissioner for business facilities or his designee shall meet periodically with building management. The agenda will include at a minimum a review of the permit or contract.
Customer relationship. Use of alcoholic beverages and illegal drugs within the facility shall be prohibited. Smoking is prohibited in food preparation and serving area. A blind licensee shall always be pleasant and alert to serving the customer's needs. The blind licensee shall be responsible for all financial transactions conducted by the facility.
Sanitation. The blind licensee shall adhere to sanitation regulations set forth by building management, the Virginia Department of Health, and any other applicable regulations.
Personal hygiene. It is expected that all personnel working in the vending facility shall present a clean and neat appearance. Good grooming techniques shall be followed.
Advertisement. No advertisement or material shall be displayed other than that supplied or approved by the department or its nominee.
General maintenance. The blind licensee shall exercise reasonable judgment in the performance of maintenance of equipment in the facility. Damage resulting from gross neglect may result in financial charges to the blind licensee.

B. The department shall furnish to each blind licensee copies of documents relevant to the operation of the vending facility including the applicable regulations, a written description of the arrangements for providing services, and the agreement and permit covering the operation of the vending facility. The documents shall be read to the blind licensee and his receipt taken that they have been explained to his satisfaction.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 3.7, eff. March 28, 1990.

Part IV Fiscal: Income and Distribution of Funds

22VAC45-20-110 Setting aside of funds

A. Funds will be set aside from the net proceeds of the operations of the vending facilities under the program and from retained vending machine income according to the formula submitted to and approved by the U.S. Commissioner of Rehabilitation Services Administration and the U.S. Secretary of Education in an amount determined to be reasonable.

B. These charges shall be assessed quarterly. Statements shall be prepared and rendered, along with settlement, to each blind vendor at least quarterly.

C. Moneys collected from the setting aside of funds shall be used solely for the following purposes:

Maintenance and replacement of equipment;
Purchase of new equipment;
Management services;
Assuring a fair minimum return to vendors; and
The establishment and maintenance of retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is so determined by a majority vote of blind vendors licensed by the state licensing agency, after such agency provides to each vendor information on all matters relevant to such proposed purposes.

D. The charge for each of the listed purposes will be determined by the department on the basis of records or expenditures made for each of these purposes over a reasonable period of time, with allowances for reasonable charges for improving services, fluctuation in costs, and for program expansion. The charges shall be reviewed and approved by the commissioner of the department with the assistance of the operations management team. Charges will be reevaluated periodically and necessary adjustments made. Adequate records will be maintained by the department to support the reasonableness of the charge for each of the purposes listed, including any reserves necessary to assure that such purposes can be achieved on a consistent basis.

E. The policy on setting aside of funds shall be reviewed annually with the active participation of the vending facility vendors council.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 4.1, eff. March 28, 1990; amended, Virginia Register Volume 35, Issue 23, eff. August 23, 2019.

22VAC45-20-120 Distribution and use of income from vending machines

A. Income from vending machines (with the exception of revenues derived from the state highway vending program), shall accrue to each vendor operating a vending facility on such property. The amount shall not exceed the average net income of the total number of blind vendors within the Commonwealth as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any blind vendor in any amount exceeding the average net income of the total number of blind vendors in the United States.

B. No blind vendor shall receive less vending machine income than that vendor was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.

C. No limitation shall be imposed on income from vending machines combined to create a vending facility when such facility is maintained, serviced, or operated by a blind vendor.

D. The department will disburse vending machine income to eligible blind vendors on at least a quarterly basis.

E. The department shall retain vending machine income that is in excess of the amount eligible to accrue to a blind vendor in a facility. Funds received from these facilities will be used for:

The establishment and maintenance of retirement or pension plan;
Contributions toward a health insurance program; and
The provision of paid sick leave and vacation time for blind licensees.

The purposes stated must be approved by a majority vote of the licensed vendors after each licensee has been furnished information relevant to such purpose.

F. Any vending machine income not necessary for such purposes shall be used for one or more of the following:

Maintenance and replacement of equipment;
Purchase of new equipment;
Management services; and
Assuring a fair minimum return to vendors.

G. Any assessment charged to blind vendors shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 4.2, eff. March 28, 1990; amended, Virginia Register Volume 35, Issue 23, eff. August 23, 2019.

22VAC45-20-130 Administrative review of income and distribution of funds

A. The department shall receive on an annual basis a budget prepared by the nominee which sets forth the anticipated revenue and the designated uses thereof.

B. The budget shall be developed with the active participation of the vending facility vendors council.

C. Quarterly updates to the revenue projections and revisions to the proposed budget will be submitted by the nominee to the commissioner of the department.

D. An annual budget summary will be submitted to the commissioner of the department at the end of the budget cycle.

E. The commissioner of the department shall determine the time of submission for such documents.

F. The proposed budget of the nominee shall be submitted by the commissioner to the board of the department for review and comment.

G. The nominee shall submit to the commissioner and to the board of the department an annual financial audit. The audit is to be performed by an independent firm of certified public accountants to be secured in accordance with the Virginia Procurement Act, §§ 11-35 through 11-80 of the Code of Virginia.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 4.3, eff. March 28, 1990.

Part V Vendor's Rights and Appeals

22VAC45-20-140 Administrative review of blind vendor grievance

The administrative review provides a blind vendor or his representative an opportunity to express and seek remedy for his dissatisfactions with any agency action arising from the operation or administration of the vending facility program. The administrative review procedures shall be as follows:

A. A blind vendor or his designee (who may be a member of the vending facility vendors council) may request in writing, within 15 working days of the occurrence of the action, administrative review of an agency action relating to the operation or administration of the vending facility program with which the blind vendor is aggrieved. The administrative review will be conducted by a member or members of the administrative staff of the department or its nominee who has not participated in the agency action in question.

B. The administrative review shall be held at a time and place convenient to the blind vendor requesting such review. The administrative review should be held during regular agency working hours at a district or local office location.

C. An administrative review shall be conducted within 15 working days of receipt by the department of such a written request.

D. Transportation, reader, or other communication services, if needed, shall be arranged for the blind vendor by the department.

E. Documentation as to written requests for administrative review, actions, and decisions resulting from them shall be maintained as part of the official record of the administrative review process.

F. When an administrative review does not resolve a dispute to the satisfaction of a blind vendor, such blind vendor may request of the department a full evidentiary hearing.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 5.1, eff. March 28, 1990.

22VAC45-20-150 Procedures for a full evidentiary hearing

A. When a blind vendor is dissatisfied with any agency action arising from the operation or administration of the vending facility program, such blind vendor may file a complaint with the department requesting a full evidentiary hearing.

B. Blind vendors shall be informed in writing of their rights and the procedures in obtaining a full evidentiary hearing at the time they are licensed. The procedures for obtaining a full evidentiary hearing are:

If a blind vendor requests a full evidentiary hearing, such request shall be made in writing either within 15 working days after an adverse decision based on an administrative review or, in absence of an administrative review, within 15 working days of the occurrence of the action with which the blind vendor is dissatisfied. The request shall be transmitted to the commissioner of the department personally or by certified mail, return receipt requested. The request may be transmitted through the vending facility vendors council. Such a request shall indicate consent by the blind vendor for release of such information as is necessary for the conduct of a full evidentiary hearing or an ad hoc arbitration panel.
A blind vendor is entitled to legal counsel or other representatives in a full evidentiary hearing. A blind vendor may wish to obtain his own counsel at his own expense or may wish to avail himself of any legal services available through public agencies, such as the Department for Rights of the Disabled or other community resources.
Reader services or other communication services shall be arranged for the blind vendor should he request it. Transportation costs and per diem shall be provided also to the blind vendor during the pendency of the evidentiary hearing if the location of the hearing is in a city other than the legal residence of the blind vendor.
The hearing shall be held at a time and place convenient and accessible to the blind vendor requesting a full evidentiary hearing. The hearing shall be scheduled by the department within 15 working days of its receipt of such a request, unless the department and the blind vendor mutually agree, in writing, to some other period of time. The blind vendor shall be notified in writing of the time and place fixed for the hearing and of his right to be represented by legal or other counsel. The blind vendor shall be provided a copy of the hearing procedures and other relevant information necessary to enable him to prepare his case for the hearing.
The presiding officer at the hearing shall be an impartial and qualified official who has no involvement either with the department action which is at issue in the hearing or with the administration or operation of the Randolph-Sheppard vending facility program. The presiding officer may be a staff member or official of another state agency or a state agency hearing officer.
The presiding officer shall conduct a full evidentiary hearing, avoid delays, maintain order and make sufficient record of the proceedings for a full and true disclosure of the facts and issues. To accomplish these ends, the presiding officer shall have all powers authorized by law and may make all procedural and evidentiary rulings necessary for the conduct of the hearing. The hearing shall be open to the public unless the presiding officer determines otherwise for good cause shown.
The blind vendor and the department are entitled to present their case by oral or documentary evidence, to submit rebuttal evidence and to conduct such examination and cross-examination of witnesses as may be required for a full and true disclosure of all facts bearing on the issues.
All papers and documents introduced into evidence at the hearing shall be filed with the presiding officer and provided to the other party. All such documents and other evidence submitted shall be open to examination by the parties and opportunities shall be given to refute facts and arguments advanced on either side of the issues.
A transcript shall be made of the oral evidence and shall be made available to the parties. The department shall pay all transcript costs and shall provide the blind vendor with at least one copy of the transcript.
The transcript of testimony, exhibits, and all papers and documents filed in the hearing shall constitute the exclusive record for decision.
The decision of the presiding officer shall set forth the principal issues and relevant facts adduced at the hearing, and the applicable provisions in law, regulation, and agency policy. It shall contain findings of fact and conclusions with respect to each of the issues, and the reasons and basis for them. The decision shall also set forth any remedial action necessary to resolve the issues in dispute. The decision shall be made within 15 working days after the receipt of the official transcript. The decision shall be mailed promptly to the blind vendor and the department.
If a blind vendor is dissatisfied with the decision rendered after a full evidentiary hearing, he may request that an ad hoc arbitration panel be convened by filing a complaint with the Secretary of the U.S. Department of Education. Such complaint shall be accompanied by all supporting documents, including a statement of the decision rendered and the reasons in support of them.

History

Statutory Authority: §§ 51.5-65 and 51.5-78 of the Code of Virginia.
Historical Notes: Derived from VR670-02-1 § 5.2, eff. March 28, 1990.

Chapter 80 Provision of Independent Living Rehabilitation Services [Repealed]

Part I Introduction [Repealed]

22VAC45-80-10 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 1.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-20 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Part III Eligibility and Ineligibility [Repealed]

22VAC45-80-30 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 3.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-40 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 3.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-50 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 3.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-60 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 3.4, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-70 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 3.5, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Part IV Scope of Services [Repealed]

22VAC45-80-80 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 4.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Part V Financial Participation [Repealed]

22VAC45-80-90 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 5.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Part VI Client's Rights [Repealed]

22VAC45-80-100 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 6.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-110 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 6.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Part VII Independent Living Center Services [Repealed]

22VAC45-80-120 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 7.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-130 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 7.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-80-140 (Repealed.)

History

Historical Notes: Derived from VR670-03-4 § 7.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

Chapter 100 Regulations Governing DeafBlind Services

Part I Introduction

22VAC45-100-10 Definitions

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:

"Blind person," as defined in § 51.5-60 of the Code of Virginia, means an individual who has central visual acuity of 20/200 or less in the better eye, as measured with best correction, or a limitation in the field of vision in the better eye, such that the widest diameter of the visual field subtends an angle of 20 degrees or less.

"DeafBlind Services" means special assistance and supports a person needs because of a combined loss of vision and hearing, including an interpreter for a person who is deafblind; communication skills assessment and training; and assessment of special aids and devices such as tactile or visual signaling systems, telecommunication devices, and assistive listening devices.

"DBVI" means the Department for the Blind and Vision Impaired.

"Department" means the Department for the Blind and Vision Impaired.

"Persons who are deaf," as defined in subdivision 1 of § 51.5-111 of the Code of Virginia, means individuals whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken communication is through visual input such as lip-reading, sign language, finger spelling, reading, or writing.

"Persons who are deafblind," pursuant to 20 USC § 1905(2)(B) and 29 USC § 1905(2)(A), means individuals: (i) who have central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual fields subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both of these conditions; (ii) who have a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; (iii) for whom the combination of impairments described in this definition cause extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining a vocation; and (iv) who, despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessments to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment or obtaining vocational objectives.

"Persons who are hard-of-hearing," as defined in subdivision 2 of § 51.5-111 of the Code of Virginia, means individuals whose hearing is impaired to an extent that makes hearing difficult but does not preclude the understanding of spoken communication through the ear alone, with or without a hearing aid.

"Severely visually impaired" means vision no better than 20/70 in the better eye with correction or a field of vision restricted to 70 degrees or less in the better eye.

"Speech discrimination" means the ability to hear and understand spoken communication.

History

Statutory Authority: § 51.5-60 of the Code of Virginia.
Historical Notes: Derived from VR670-03-6 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 37, Issue 13, eff. April 1, 2021.

Part II Eligibility

22VAC45-100-20 Eligibility

An individual who is blind or severely visually impaired, and also deaf or hard-of-hearing is eligible for deafblind services.

History

Statutory Authority: § 51.5-60 of the Code of Virginia.
Historical Notes: Derived from VR670-03-6 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 37, Issue 13, eff. April 1, 2021.

Part III Services

22VAC45-100-30 Delivery of services

It is the intent of these regulations that persons who are deafblind be fully integrated into the service programs provided by the department to the extent practical.

Procedures for the delivery of services may be found in the DBVI manuals of the following agency programs: Rehabilitation Teaching and Independent Living Services, Education Services, and Vocational Rehabilitation Services.

History

Statutory Authority: § 51.5-60 of the Code of Virginia.
Historical Notes: Derived from VR670-03-6 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 37, Issue 13, eff. April 1, 2021.