reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC35-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
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:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. 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.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC35-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. 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
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
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OF JUVENILE JUSTICE PROGRAMS AND FACILITIES › Part I - Definitions and General Provisions › Section 6VAC35-20-20 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 6VAC35-20-30 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation prescribes how, in accordance with §§
					 16.1-234, 16.1-249, 16.1-309.9, 16.1-309.10, 16.1-349, 66-10, 66-24, and
					 66-25.1:3 of the Code of Virginia, (i) the department will monitor and audit
					 juvenile residential facilities, programs, VJCCCA programs, and offices on
					 youth; (ii) the department will certify residential facilities and
					 state-operated and local court service units that are part of the
					 Commonwealth's juvenile justice system; and (iii) the board will review
					 certification audit reports of programs and facilities found in noncompliance
					 with applicable regulatory requirements.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 6VAC35-20-35 - Guidance documents

Current through Register Vol. 40, No. 24, July 15, 2024
To help programs and facilities meet all regulatory
					 requirements, the department shall prepare guidance documents compiling all
					 regulatory requirements applicable to each type of program or facility subject
					 to this chapter and stating how compliance will be assessed. The guidance
					 documents shall serve as the basis for monitoring visits, monitoring reviews,
					 certification audits, and VJCCCA program or offices on youth audits. The
					 guidance documents shall be posted on the department's website at
http://www.djj.virginia.gov
.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 6VAC35-20-36 - Program or facility relationship to regulatory authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The program or
				  facility shall submit or make available to the audit team leader such reports
				  and information required to establish compliance with applicable regulatory
				  requirements. Documentation supporting compliance with regulatory requirements
				  shall be retained by the program or facility from the date of the previous
				  certification audit or VJCCCA program or office on youth audit.
B. The program or facility administrator
				  shall notify the director or designee within five business days of any
				  significant change in administrative structure or newly hired chief
				  administrative officer or program or facility administrator or director.
C. The program or facility
				  administrator shall, in accordance with the process established by the
				  department, notify the director or designee of the following:
1. Any serious incidents affecting the
				  health, welfare, or safety of citizens, individuals under the supervision of
				  the department, or staff;
2.
				  Lawsuits against or settlements relating to the health, welfare, safety, or
				  human rights of residents; and
3.
				  Any criminal charges or reports of suspected child abuse or neglect against
				  staff relating to the health, welfare, safety, or human rights of
				  residents..
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 6VAC35-20-36.1 - Department response to reports of health, welfare, or safety violations

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the department becomes aware of a health,
					 welfare, or safety violation, the department shall take immediate action to
					 correct the situation if not already done by the program or facility. The
					 department's actions may include, but are not limited to, the following:
1. Reporting the situation to child
				  protective services, the Virginia State Police or the law-enforcement agency
				  with jurisdiction, or other enforcement authorities, as applicable and
				  appropriate; or
2. Taking any
				  action authorized in
				  6VAC35-20-37 for violations in a
				  juvenile residential facility.
3.
				  Reporting to the board no later than its next regularly scheduled meeting (i)
				  the nature and scope of the health, welfare, or safety violation and (ii) the
				  action taken by the department or the program or facility to correct the
				  violation.
Statutory Authority
16.1-233 and 66-10 of the Code of
						Virginia.
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 6VAC35-20-37 - Director's authority to take immediate administrative action

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in this
				  regulation shall be construed to limit the director's authority to take
				  immediate administrative action in accordance with law whenever (i) evidence is
				  found of any health, welfare, or safety violation or (ii) a program or facility
				  is not in compliance with regulatory requirements or the Virginia Juvenile
				  Community Crime Control Act requirements. Such administrative action may
				  include, but is not limited to (a) withholding funds; (b) removing juveniles
				  from the program or facility; (c) placing the program or facility on
				  probationary certification status for up to six months pending review by the
				  board pursuant to 6VAC35-20-115; or (d) summarily suspending the certificate
				  pursuant to subsection B of this section. In taking such action, the department
				  shall notify the program or facility administrator, the administrative entity
				  to which the program or facility reports, and the board, in writing, of the
				  reason for the administrative action and the action the program or facility
				  must take to correct the violation.
B. In accordance with subsection A of this
				  section, the director may issue a preliminary summary suspension order of the
				  certificate of the juvenile residential facility regulated by the board as
				  follows:
1. A preliminary summary suspension
				  order may be issued when conditions or practices exist in the facility that
				  pose an immediate and substantial threat to the health, welfare, or safety of
				  the residents including, but not limited to, the following:
a. Violations of any provision of applicable
				  laws or applicable regulations made pursuant to such laws;
b. Permitting, aiding, or abetting the
				  commission of any illegal act in the regulated facility;
c. Engaging in conduct or practices that are
				  in violation of statutes related to abuse or neglect of children;
d. Deviating significantly from the program
				  or services for which a certificate was issued without obtaining prior written
				  approval from the regulatory authority or failing to correct such deviations
				  within the specified time; or
e.
				  Engaging in a willful action or gross negligence that jeopardizes the care or
				  protection of the resident.
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 6VAC35-20-40 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-50 - Preaudit process for certification audits

Current through Register Vol. 40, No. 24, July 15, 2024
A. At least six months in advance of a
				  certification audit, the department shall notify each program or facility to be
				  audited of the scheduled audit date and the name of the designated audit team
				  leader.
B. At least 90 calendar
				  days before the scheduled audit, the program or facility administrator may
				  request that the audit be rescheduled. Except as provided in
				  6VAC35-20-100, audits, even if
				  rescheduled, must occur before the expiration of the current certification,
				  unless specifically approved by the director.
C. The audit team leader shall provide the
				  program or facility administrator with a list of audit team members as soon as
				  practicable, but no later than 10 business days before the scheduled
				  certification audit. Upon notification of the audit team members, the program
				  or facility administrator may request that one or more members of the audit
				  team be replaced. Every reasonable effort will be made to comply with the
				  request. Any subsequent addition or substitution of the audit team members
				  shall be communicated to the program or facility administrator as soon as
				  practicable and may be made subject to the mutual agreement of the audit team
				  leader and program or facility administrator.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-60 - Monitoring of programs and facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. All programs or facilities subject to
				  regulations issued by the board shall be subject to periodic, scheduled
				  monitoring visits or monitoring reviews conducted in accordance with department
				  procedures.
B. The department shall
				  annually develop a plan for monitoring programs and facilities subject to
				  certification audits, which shall provide for at least the following:
1. All programs and facilities that are
				  subject to certification audits shall receive at least one scheduled monitoring
				  visit per year. A certification audit shall satisfy the requirement of a
				  scheduled monitoring visit.
2.
				  Additional monitoring visits or monitoring reviews may be conducted at the
				  request of the board, department, or program or facility
				  administrator.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-61 - Self-audit of programs and facilities subject to certification audits

Current through Register Vol. 40, No. 24, July 15, 2024
A. All programs and
				  facilities subject to certification audits shall, in accordance with the
				  department's Guidance Document: Self-Audits/Evaluations, September 2013,
				  conduct, except in the year the program or facility is subject to a
				  certification audit, an annual self-audit for compliance with applicable
				  regulatory requirements.
B. The
				  self-audit reports shall be made available during the certification audit.
Statutory Authority
16.1-233 and 66-10 of the Code of
						Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-63 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-65 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-67 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-69 - Newly opened facilities and new construction, expansion, or renovation of residential facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a
				  newly opened facility seeks certification to allow the admission of residents,
				  the facility administrator shall contact the director or designee to request a
				  review of the facility for conditional certification.
B. The facility administrator and the
				  department shall follow the requirements of this chapter and department
				  procedures in reviewing a facility prior to admission of residents. New
				  construction, expansions, and renovations in all juvenile residential
				  facilities, whether or not the facility or its sponsor is seeking reimbursement
				  for construction or operations, shall conform to the governing provisions of
				  the following regulations:
1. Regulation
				  Governing Juvenile Correctional Centers (6VAC35-71);
2. Regulation Governing Juvenile Secure
				  Detention Centers (6VAC35-101);
3.
				  Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41);
				  and
4. Regulation Governing State
				  Reimbursement of Local Juvenile Residential Facility Costs
				  (6VAC35-30).
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-70 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-75 - Certification of individual programs or facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director or designee shall certify
				  each (i) juvenile residential facility and (ii) court service unit.
B. The director or designee may extend a
				  current certification for a specified period of time pending a certification
				  audit and the completion of an administrative review, provided the department
				  is not aware of any health, welfare, or safety violations.
C. If a program's or facility's certification
				  expires prior to the director's or designee's consideration of the
				  certification audit report, the program's or facility's current certification
				  status shall continue in effect until the director or designee takes
				  certification action.
D. The
				  director or designee may, upon the request of a program or facility
				  administrator or the department, modify during the term of the certificate the
				  conditions of a certificate relating to a program's or facility's certification
				  status or capacity, the residents' age range or sex, the facility's location,
				  or changes in the services offered and provided.
E. A certificate is not transferrable and
				  automatically expires when there is a change of ownership or sponsorship of the
				  program or facility.
F. When the
				  program or facility ceases to operate, the program or facility administrator
				  shall return the certificate to the director or designee. The department shall
				  notify the board of the change in the program's or facility's status.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-80 - Certification audit procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  program or facility shall demonstrate compliance as required in this chapter
				  that the program or facility has no areas of noncompliance that pose an
				  immediate and direct danger to residents.
B. The audit team shall (i) visit the program
				  or facility and (ii) review and examine sufficient documentation to adequately
				  render a determination of compliance as provided for in
				  6VAC35-20-85.
1. The burden of providing proof of
				  compliance with regulatory requirements rests with the program or facility
				  staff.
2. A program or facility
				  with an approved variance or waiver shall provide such documentation to the
				  certification audit team.
3. It is
				  permissible to provide additional documentation should the certification team
				  request it; however, such documentation must already exist when the audit
				  begins.
4. Compliance shall be
				  determined through documentation, interview, and observation.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-85 - Determining compliance with individual regulatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the audit
				  process, the department shall determine whether the program or facility is
				  compliant with each regulatory requirement. To be found in compliance, the
				  following shall be shown:
1. The program or
				  facility shall:
a. For critical regulatory
				  requirements, demonstrate 100% compliance;
b. For noncritical regulatory requirements
				  with multiple elements, the certification audit team will make a determination
				  of compliance as provided in department procedures that shall require (i) an
				  acceptable percentage of compliance with the entire regulatory requirement or
				  (ii) any single element; or
c. For
				  all noncritical regulatory requirements, demonstrate an acceptable percentage
				  compliance as provided in department procedures.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-90 - Certification audit findings

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  the completion of the audit, the certification audit findings shall be
				  discussed with the program's or facility's administrator or designee.
B. A written report of the findings from the
				  certification audit shall be submitted, within 10 business days following the
				  certification audit, to (i) the program or facility administrator and (ii) the
				  director or designee. Any finding of noncompliance with a regulatory
				  requirement shall be documented.
C.
				  Any program or facility that is cited for noncompliance with a regulatory
				  requirement may within 10 business days of receiving the written report of the
				  findings for the certification audit:
1.
				  Request in writing a variance in accordance with
				  6VAC35-20-92; or
2. Appeal the finding of noncompliance in
				  writing and in accordance with department procedures and
				  6VAC35-20-94.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-91 - Corrective action plans and certification audit reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each finding of noncompliance, the
				  program or facility administrator shall develop a corrective action plan.
1. The corrective action plan shall be
				  submitted to the department within 30 calendar days of receipt of the written
				  certification audit findings. For good cause, the department may grant a
				  30-calendar day extension to a program or facility administrator for the
				  development of the corrective action plan.
2. The department shall issue guidelines that
				  provide for (i) the format and (ii) the process for the department's review and
				  approval of corrective action plans.
3. The corrective action plan shall include
				  the following:
a. A description of any
				  extenuating or aggravating factors contributing to the noncompliant
				  circumstances or conditions;
b. A
				  description of each corrective action required or tasks required to correct the
				  deficiency and prevent its recurrence;
c. The actual or proposed date of task
				  completion; and
d. The
				  identification of the person responsible for oversight of each element of the
				  implementation of the corrective action plan.
If the corrective action proposed by the program or
					 facility involves a request for a variance in accordance with
					 6VAC35-20-92, the corrective action
					 plan must also state what action will be taken to meet or attempt to meet the
					 regulatory requirement should the request for the variance be denied.
4. The program or
				  facility administrator shall be responsible for developing and implementing a
				  written corrective action plan.
5.
				  If a finding of noncompliance results in a request for an appeal of the finding
				  of noncompliance or a variance, documentation of the request for a variance or
				  of the appeal of the finding of noncompliance should be attached to the
				  corrective action plan.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-92 - Variance request

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any request
				  for a variance must be submitted in writing. If the request is submitted
				  subsequent to a finding of noncompliance in a certification audit, the request
				  must be submitted within 10 business days of receiving the written report of
				  the findings from the certification audit. All requests shall include:
1. The noncritical regulatory requirement for
				  which a variance is requested;
2.
				  The justification for the request;
3. Any actions taken to come into
				  compliance;
4. The person
				  responsible for such action;
5. The
				  date at which time compliance is expected; and
6. The specific time period requested for
				  this variance.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-93 - Waivers

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a program
				  or facility has submitted a formal variance request to the board concerning a
				  noncritical regulatory requirement, the director may, but is not required to,
				  grant a waiver temporarily excusing a program or facility from meeting the
				  requirements of the regulation when (i) the regulatory requirement is not
				  required by statute or by federal or state regulations other than those issued
				  by the board; (ii) noncompliance with the regulatory requirement will not
				  result in a threat to the health, welfare, or safety of residents, the
				  community, or staff; (iii) enforcement will create an undue hardship; and (iv)
				  juveniles' care or services would not be adversely affected.
B. A waiver shall be granted only when the
				  program or facility is presented with emergency conditions or circumstances
				  making compliance with the regulatory requirement either impossible or
				  impractical.
C. The waiver shall be
				  in effect only until such time as the board acts on the variance request. The
				  board will act on the matter at its first meeting following notice from the
				  director or designee that a waiver has been granted.
D. The director or designee shall promptly
				  notify the board chair in writing of waivers granted and the rationale for so
				  granting.
E. A program or facility
				  will not be cited for noncompliance with the requirements of a regulatory
				  requirement subject to a waiver during the time it operates pursuant to a
				  waiver approved by the director or designee.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-94 - Appeal process for a finding of noncompliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. A program or facility administrator may
				  appeal a finding of noncompliance of an audit by submitting the appeal to the
				  director or designee within 10 business days of the receipt of written
				  notification of the audit findings.
B. The manager for the certification team or
				  designee shall contact the program or facility administrator and make every
				  effort to resolve the appeal within 10 business days of receipt of the
				  appeal.
C. If department personnel
				  and the program or facility administrator are not able to informally resolve
				  the issue on appeal, the request for an appeal shall be forwarded by the
				  manager for the certification team or designee as soon as practicable to the
				  director or designee.
1. The director or
				  designee shall issue a decision on the appeal within 15 business days of
				  receipt.
2. The program or facility
				  administrator shall be informed as soon as practicable, but no later than the
				  end of the next business day, of the director's or designee's
				  decision.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-100 - Certification action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall notify the program or facility administrator of the date,
				  time, and location the director or designee will take certification action
				  relating to the program's or facility's certification audit. The program or
				  facility administrator shall have the right to appear in person or by counsel
				  or other qualified representative when the director or designee considers the
				  audit report and makes a certification decision. The program or facility
				  administrator shall be provided notice of the right to appear 10 business days
				  prior to the director's or designee's consideration of the audit report and
				  final certification determination.
B. A conditional certification for up to six
				  months will be issued to a new program or a newly opened facility that:
1. Demonstrates 100% compliance with (i) all
				  critical regulatory requirements and (ii) any physical plant regulatory
				  requirements;
2. Demonstrates at
				  least 90% compliance with all noncritical regulatory requirements and has an
				  acceptable corrective action plan; and
3. Has no unresolved health, welfare, or
				  safety violations.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-110 - Notice of certification action

Current through Register Vol. 40, No. 24, July 15, 2024
Within two weeks of any certification action, the director
					 or designee shall send notice of the certification action to:
1. The program or facility
				  administrator;
2. The program's or
				  facility's supervisory or governing authority; and
3. Other state and local authorities, as
				  appropriate to the specific circumstances.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-115 - Board review of programs and facilities found in noncompliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a program
				  or facility is found in noncompliance with one or more regulatory requirements,
				  the audit report with a statement of the director's or designee's certification
				  action taken shall be placed on the agenda at the next regularly scheduled
				  board meeting for oversight and review. The department shall provide the
				  program or facility administrator with notice of the date and time of the board
				  meeting.
B. Whenever a facility is
				  found in noncompliance with one or more regulatory requirements, the board may
				  enter an order, pursuant to §
										16.1-309.9B
				  of the Code of Virginia, prohibiting or limiting the placement of children in
				  the program or facility or take any other action provided by law. In addition
				  to the reports required by this section and
				  6VAC35-20-100,
				  the board may request the department or the program or facility administrator
				  to provide a status update or report at subsequent board meetings.
Statutory Authority §§
												16.1-233
						and
						66-10
						of the Code of Virginia.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-120 - Actions following decertification or denial of certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a program
				  or facility operated by the department is decertified or denied certification,
				  the department shall take remedial action and may choose to close the program
				  or facility or relocate the residents.
1. A
				  report shall be sent to the board within 90 calendar days after the
				  decertification or denial detailing the actions taken by the department to (i)
				  bring the program or facility into compliance with all regulatory requirements
				  and (ii) protect the health, welfare, or safety of the residents.
2. If after 90 calendar days the program or
				  facility has not met the requirements for at least conditional certification
				  and the department has not closed the program or facility, the board shall
				  recommend to the Governor and the Secretary of Public Safety appropriate action
				  to be taken under the circumstances.
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-130 to 6VAC35-20-140 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
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 II - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-150 - Critical regulatory requirements for juvenile residential facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board has
				  the sole authority for designating critical regulatory requirements. The board
				  shall identify the designated critical regulatory requirements at the first
				  board meeting after the final regulation is published in the Virginia
				  Register.
B. The designated
				  critical regulatory requirements may be amended by a majority of the board at a
				  regularly scheduled board meeting only when (i) the proposed change was raised
				  at a board meeting but not voted upon and a date for final consideration and
				  voting is set at that meeting; (ii) notice of the proposed change is posted
				  with the notice of board meeting designated for discussion and voting; (iii)
				  consideration of the change is placed on the board meeting agenda at which a
				  vote is anticipated; and (iii) written notice is provided to the facility
				  administrators prior to the board meeting at which the vote is
				  anticipated.
C. A request to review
				  the critical regulatory requirements can be made by any person at any
				  time.
D. The list of designated
				  critical regulatory requirements shall be posted on the department's website at
http://www.djj.virginia.gov
.
Statutory Authority
§§ 16.1-233 and 66-10 of the Code of Virginia.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-200 - Monitoring of VJCCCA programs or offices on youth

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall develop a schedule for monitoring all
					 VJCCCA programs or offices on youth that shall provide for at least one
					 scheduled on-site VJCCCA program or office on youth audit every two years.
					 Whenever deemed necessary or appropriate, additional monitoring visits or
					 reviews may be scheduled.
Statutory Authority §§
												16.1-233
						and
						66-10
						of the Code of Virginia.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-210 - VJCCCA programs and offices on youth self-evaluations

Current through Register Vol. 40, No. 24, July 15, 2024
A. All VJCCCA programs and offices on youth
				  shall, in accordance with department procedures or manuals, do the following:
1. Conduct an annual self-evaluation;
				  and
2. Provide the department with
				  a written summary of (i) the self-evaluation process and (ii) the findings of
				  the self-evaluation.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-220 - VJCCCA program and office on youth audits

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the program audit, the VJCCCA
				  program or office on youth shall demonstrate an acceptable level of compliance,
				  as provided in this chapter, with all (i) statutory requirements; (ii) the
				  approved local plan; (iii) applicable regulatory requirements; and (iv)
				  applicable department procedures or manuals.
B. The burden of proving compliance with the
				  applicable requirements rests with the program staff.
C. Any finding of noncompliance shall be
				  documented.
Statutory Authority §§
												16.1-233
						and
						66-10
						of the Code of Virginia.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-230 - VJCCCA program and office on youth audit findings

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon completion of the VJCCCA program or
				  office on youth audit, the VJCCCA program or office on youth audit findings
				  shall be reported to the VJCCCA program plan contact or office on youth program
				  director along with a copy to the individual with supervisory authority over
				  that individual.
B. The VJCCCA
				  program plan contact or office on youth program director may appeal the VJCCCA
				  program or office on youth audit findings to the director or
				  designee.
C. The department will
				  monitor the progress of the VJCCCA program or office on youth in correcting the
				  identified noncompliance through subsequent documentation and monitoring
				  visits.
Statutory Authority §§
												16.1-233
						and
						66-10
						of the Code of Virginia.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section 6VAC35-20-240 - Effect of VJCCCA program or office on youth noncompliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				  department determines that a VJCCCA program or office on youth is not in
				  compliance, it may suspend all or any portion of the VJCCCA program's or office
				  on youth's funding until there is compliance as provided in subsection C of §
										16.1-309.9
				  of the Code of Virginia.
B. The
				  department shall notify the person responsible for the daily administration of
				  the VJCCCA program or office on youth of the intent to withhold funding prior
				  to such withholding. The notification shall include the justification for the
				  intended withholding and any corrective actions the VJCCCA program or office on
				  youth must complete.
C. The VJCCCA
				  program or office on youth may appeal to the director or designee the
				  withholding of funding, in writing, within 10 business days of receiving notice
				  of the department's intent to withhold the funding.
Statutory Authority §§
												16.1-233
						and
						66-10
						of the Code of Virginia.
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 III - VJCCCA Programs and Offices on Youth Program Audits › Section - DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Guidance
					 Document: Self-Audits/Evaluations, September 2013, Department of Juvenile
					 Justice
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 30 - REGULATION GOVERNING STATE REIMBURSEMENT OF LOCAL JUVENILE RESIDENTIAL FACILITY COSTS › Part I - General Information › Section 6VAC35-30-10 - Introduction

Current through Register Vol. 40, No. 24, July 15, 2024
Section 16.1-309.5 of the Code of Virginia requires the
					 Board of Juvenile Justice and the Governor to evaluate all plans for,
					 specifications of, and requests for reimbursement from a locality or localities
					 for the construction, enlargement, purchase, or renovation of projects governed
					 by this chapter. No reimbursements for costs and construction for such projects
					 shall be made unless the plans, specifications, and construction are approved
					 by the board and the Governor in accordance with the provisions contained
					 herein.
Section 16.1-309.9 of the Code of Virginia further mandates
					 the board to approve minimum standards for the construction and equipment of
					 detention homes and other facilities governed by this chapter. Any such project
					 shall be subject to this regulation and all applicable statutes, regulations,
					 and guidance documents, including, but not limited to, the following:
1. The Virginia Public Procurement Act,
				  Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;
2. The Construction and Professional Services
				  Manual (CPSM), October 2004, issued by the Department of General Services,
				  Division of Engineering and Building;
3. The Step-by-Step Procedures for Approval
				  and Reimbursement for Local Facility Construction, Enlargement, and Renovation,
				  March 2001, issued by the Department of Juvenile Justice; and
4. The Agency Procurement and Surplus
				  Property Manual (1VAC30-130), issued by the Department of General Services,
				  Division of Purchases and Supply.
Such projects are best accomplished as a cooperative
					 venture between a locality or localities and the Department of Juvenile
					 Justice. Using regulations promulgated by the board and by working together as
					 partners from project planning through project construction and program
					 implementation, the locality or localities and the department ensure that the
					 optimum number of children are provided high quality services at a minimum cost
					 to the locality or localities and to the Commonwealth.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the
						Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 30 - REGULATION GOVERNING STATE REIMBURSEMENT OF LOCAL JUVENILE RESIDENTIAL FACILITY COSTS › Part II - Definitions › Section 6VAC35-30-30 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024