Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 41 - REGULATION GOVERNING JUVENILE GROUP HOMES AND HALFWAY HOUSES › Part I - General Provisions › Section 6VAC35-41-10 - 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:
"Annual" means within 13 months of the previous event or
					 occurrence.
"Board" means Board of Juvenile Justice.
"Case record" or "record" means written or electronic
					 information relating to one resident and the resident's family, if applicable.
					 This information includes, but is not limited to, social, medical, psychiatric,
					 and psychological records; reports; demographic information; agreements; all
					 correspondence relating to care of the resident; service plans with periodic
					 revisions; aftercare plans and discharge summary; and any other information
					 related to the resident.
"Contraband" means any item possessed by or accessible to a
					 resident or found within a facility or on its premises (i) that is prohibited
					 by statute, regulation, or facility procedure, (ii) that is not acquired
					 through approved channels or in prescribed amounts, or (iii) that may
					 jeopardize the safety and security of the facility or individual
					 residents.
"Department" or "DJJ" means the Department of Juvenile
					 Justice.
"Direct care staff" means the staff whose primary job
					 responsibilities are (i) maintaining the safety, care, and well-being of
					 residents and (ii) implementing the structured program of care and behavior
					 management program.
"Direct supervision" means that the staff may work with
					 residents while not in the presence of direct care staff. Staff members who
					 provide direct supervision are responsible for maintaining the safety, care,
					 and well-being of the residents in addition to providing services or performing
					 the primary responsibilities of that position.
"Director" means the Director of the Department of Juvenile
					 Justice.
"Emergency" means a sudden, generally unexpected occurrence
					 or set of circumstances demanding immediate action such as a fire, chemical
					 release, loss of utilities, natural disaster, taking of hostages, major
					 disturbances, escape, and bomb threats. Emergency does not include regularly
					 scheduled employee time off or other situations that could be reasonably
					 anticipated.
"Facility administrator" means the individual who has the
					 responsibility for the on-site management and operation of the facility on a
					 regular basis.
"Family oriented group home" means a private home in which
					 residents may reside upon placement by a lawful placing agency.
"Group home" means a juvenile residential facility that is
					 a community based, home-like single dwelling, or its acceptable equivalent,
					 other than the private home of the operator, and does not exceed the capacity
					 approved by the regulatory authority. For the purpose of this chapter, a group
					 home includes a halfway house that houses residents in transition from a
					 commitment to the department.
"Individual service plan" or "service plan" means a written
					 plan of action developed, revised as necessary, and reviewed at intervals to
					 meet the needs of a resident. The individual service plan specifies (i)
					 measurable short-term and long-term goals and (ii) the objectives, strategies,
					 and time frames for reaching the goals.
"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 required to be certified. As used in this regulation, the term includes, but
					 is not necessarily limited to, group homes, family-oriented group homes, and
					 halfway houses and excludes juvenile correctional centers and juvenile
					 detention centers.
"Living unit" means the space in which a particular group
					 of residents in care of a juvenile residential facility resides. A living unit
					 contains sleeping areas, bath and toilet facilities, and a living room or its
					 equivalent for use by the residents of the living unit. Depending upon its
					 design, a building may contain one living unit or several separate living
					 units.
"On duty" means the period of time an employee is
					 responsible for the direct supervision of one or more residents.
"Parent" or "legal guardian" means
(i) a biological or adoptive parent who has legal custody
					 of an individual, including either parent if custody is shared under a joint
					 decree or agreement; (ii) a biological or adoptive parent with whom the
					 individual regularly resides; (iii) a person judicially appointed as a legal
					 guardian; or (iv) a person who exercises the rights and responsibilities of
					 legal custody by delegation from a biological or adoptive parent, upon
					 provisional adoption, or otherwise by operation of law.
"Placement" means an activity by any person that provides
					 assistance to a placing agency, parent, or legal guardian in locating and
					 effecting the movement of a resident to a juvenile residential facility.
"Placing agency" means
(i) any person, group, court, court service unit, or agency
					 licensed or authorized by law to place residents in a juvenile residential
					 facilityor
(ii) a local board of social services authorized to place
					 residents in a juvenile residential facility.
"Premises" means the tracts of land on which any part of a
					 facility is located and any buildings on such tracts of land.
"Provider" means the person, corporation, partnership,
					 association, locality, commission, or public agency to whom a license or
					 certificate is issued and who is legally responsible for compliance with the
					 regulatory and statutory requirements relating to the facility.
"Regulatory authority" means the board or the department as
					 designated by the board.
"Resident" means an individual who is legally placed in,
					 formally placed in, or admitted to a juvenile residential facility for
					 supervision, care, training, or treatment on a 24-hour per day basis.
"Rules of conduct" means a listing of a facility's rules or
					 regulations that is maintained to inform residents and others of the behavioral
					 expectations of the behavior management program, about behaviors that are not
					 permitted, and about the sanctions that may be applied when impermissible
					 behaviors occur.
"Shelter care facility" means a facility or an emergency
					 shelter specifically approved to provide a range of services, as needed, on an
					 individual basis not to exceed 90 days.
"Written" means the required information is communicated in
					 writing. Such writing may be available in either hard copy or in electronic
					 form.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.