Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 20 - REGULATION GOVERNING THE MONITORING, APPROVAL, AND CERTIFICATION OF JUVENILE JUSTICE PROGRAMS AND FACILITIES › Part I - Definitions and General Provisions › Section 6VAC35-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Appeal of a finding of noncompliance" means the action
					 taken by a facility or program administrator after a certification audit when
					 there is disagreement with a finding of noncompliance with an individual
					 regulatory requirement.
"Audit team leader" means the person designated by the
					 director or designee to organize and facilitate the certification audit or the
					 audit of a VJCCCA program or office on youth.
"Board" means the Virginia Board of Juvenile
					 Justice.
"Certification" or "certified" means the formal finding
					 that a program or facility is approved to operate for a specific period of time
					 as provided for in
					 6VAC35-20-100.
"Certification action" means the department's decision to
					 issue or deny certification or to decertify a program or facility as provided
					 for in 6VAC35-20-100 or the board's
					 decision to take action pursuant to 6VAC35-20-115.
"Certification audit" means the process by which designated
					 personnel assess a program's or facility's compliance with applicable
					 regulatory requirements, which includes an on-site visit, the results of which
					 are reported in a certification audit report for certification action as
					 provided for in
					 6VAC35-20-100. All facilities and
					 court service units regulated by the board shall be subject to certification
					 audits.
"Certification audit report" means the official report of
					 certification audit findings prepared by the audit team leader as provided for
					 in 6VAC35-20-90.
"Certification status" means the type of certification
					 issued to a program or facility, which includes the period of time specified in
					 the certificate, during which the program or facility is approved to operate
					 and must maintain compliance with its regulatory requirements and any
					 corrective action plan.
"Compliance" means meeting the requirements of a standard
					 or an applicable board policy.
"Compliance documentation" means specific documents or
					 information including records, reports, observations, and verbal responses to
					 establish or confirm compliance with a regulatory requirement by a program or
					 facility.
"Conditional certification" means a temporary certification
					 status issued to a new or newly opened facility as provided for in
					 6VAC35-20-100.
"Corrective action plan" means a written document that, in
					 accordance with
					 6VAC35-20-91, states what has been
					 or will be done to bring all deficiencies into compliance with regulatory
					 requirements.
"Critical regulatory requirements" means those regulatory
					 requirements for programs or facilities, as defined by the board, that must be
					 maintained at 100% compliance. Critical regulatory requirements were previously
					 termed "mandatory standards."
"Decertified" means a status imposed in accordance with
					 6VAC35-20-120 when it is determined
					 that a program or facility has not met an acceptable percentage of compliance
					 with its regulatory requirements as provided for in
					 6VAC35-20-85.
"Deficiency" and "noncompliance" means that the program or
					 facility (i) does not meet or has not demonstrated that it meets regulatory
					 requirements or (ii) does not comply with the Virginia Juvenile Community Crime
					 Control Act local plan approved by the board.
"Department" means the Virginia Department of Juvenile
					 Justice.
"Director" means the Director of the Department of Juvenile
					 Justice.
"Health, welfare, or safety violation" means any action or
					 omission that causes an immediate and substantial threat to the health,
					 welfare, or safety of the juveniles or staff in juvenile residential
					 facilities.
"Juvenile residential facility" or "facility" means a
					 publicly or privately operated facility or placement where 24 hour-per-day care
					 is provided to residents who are separated from their legal guardians and that
					 is certified pursuant to this chapter. As used in this regulation, the term
					 includes juvenile group homes and halfway houses, juvenile secure detention
					 centers, and juvenile correctional centers.
"Monitoring review" means a review by designated department
					 personnel assessing the program's or facility's compliance with regulatory
					 requirements. A monitoring review may be conducted via electronic means and
					 does not require on-site examination of the program or facility. A monitoring
					 review may be done in conjunction with a program's or facility's self-audit,
					 which is provided for in
					 6VAC35-20-61.
"Monitoring visit" means an on-site evaluation and
					 inspection by designated personnel to assess a program's or facility's
					 compliance with regulatory requirements.
"Newly opened facility" means
(i) a facility that is newly constructed or
(ii) an existing facility that is
				  being placed in service as a juvenile residential facility.
"Office on Youth" means nonresidential programs funded via
					 the Virginia Delinquency Prevention and Youth Development Act (Chapter 3 (§
					 66-26 et seq.) of Title 66 of the Code of Virginia).
"Preliminary summary suspension order" means an order
					 issued by the director as provided in
					 6VAC35-20-37 taking immediate
					 action against a program or facility when there is a known substantial health,
					 welfare, or safety threat. This order is issued summarily prior to review by
					 the board and is subject to due process protections after issuance.
"Probationary certification" means the temporary status
					 granted to a program or facility to provide a period of time in which to
					 demonstrate compliance with regulatory requirements.
"Program" means a court service unit or a nonresidential
					 service subject to applicable regulatory requirements. For the purpose of this
					 regulation, VJCCCA programs and offices on youth are not included in this
					 definition.
"Program or facility administrator" means the individual
					 responsible for the operations of a program or facility subject to regulatory
					 requirements.
"Regulatory requirement" means a provision of a regulation
					 promulgated by the board to which a program or facility must adhere. A section,
					 subsection, or subdivision of a regulation may include multiple regulatory
					 requirements as provided for in
					 6VAC35-20-85.
"Status report" means a report that summarizes a review of
					 the areas on which there was a finding of noncompliance and states the
					 program's or facility's compliance standing indicated through the review. For a
					 status report, the regulatory requirements are monitored at the same level of
					 compliance as assessed in the certification audit.
"Summary suspension order" means an order issued by the
					 director in accordance with § 66-24 of the Code of Virginia and
					 6VAC35-20-37 temporarily suspending
					 a program's or facility's certification.
"Variance" means a board action that relieves a program or
					 facility from having to meet a specific regulatory requirement or develop a
					 corrective action plan for that regulatory requirement for a determined period
					 of time.
"VJCCCA program" means a nonresidential program established
					 under the Virginia Juvenile Community Crime Control Act (Article 12.1 (§
					 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of
					 Virginia).
"VJCCCA program or office on youth audit" means the on-site
					 visit by designated department personnel to assess a program funded through the
					 Virginia Juvenile Community Crime Control Act (Article 12.1 (§ 16.1-309.2 et
					 seq.) of Chapter 11 of Title 16.1 of the Code of Virginia) or the Virginia
					 Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.)
					 of Title 66 of the Code of Virginia) for compliance with the regulatory
					 requirements as provided for in 6VAC35-150 (Regulation for Nonresidential
					 Services) and 6VAC35-60 (Minimum Standards for Virginia Delinquency Prevention
					 and Youth Development Act Grant Programs), as applicable.
"VJCCCA program or office on youth audit report" means an
					 official report of a VJCCCA program or office on youth audit.
"Waiver" means a formal statement from the department
					 temporarily excusing a program or facility from meeting a noncritical
					 regulatory requirement pending board action on a formal variance
					 request.
"Written" means the required information is communicated in
					 writing. Such writing may be available in either hard copy or electronic
					 form.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.