reglab/statecodes huggingface dataset:
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 III - Procedures › Section 6VAC35-30-35 - Prescreening

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any sponsor
				  planning any construction, renovation, enlargement, or expansion of a local
				  facility shall submit an initial writing to the department that shall include a
				  graphic showing any proposed structural changes and a brief description of all
				  operating capacity or programmatic changes to be accommodated by the structure.
				  The department shall review the initial writing and inform the sponsor in
				  writing whether the project is subject to this regulation as soon as
				  practicable but no later than 30 days from the receipt of the initial writing
				  from the sponsor. If the department fails to respond in the required time
				  frame, the sponsor may proceed with the reimbursement request in accordance
				  with this chapter.
B. Any request
				  shall be determined to be in one of the following categories:
1. For any new construction, change, or
				  modification of an existing local facility or piece of stationary equipment,
				  including security related upgrades, that will affect the facility's compliance
				  with a board regulation, result in a change in certification or licensure
				  status, or result in increased square footage, bed space, or capacity shall be
				  subject to this regulation.
2. For
				  any facility enhancements not provided for in subdivision 1 of this subsection
				  for which the sponsor seeks reimbursement, the sponsor shall submit a project
				  overview and cost estimates to the board for approval and shall be subject to
				  the requirements of
				  6VAC35-30-180. The department and
				  board may require additional documentation.
3. Minor changes, such as routine
				  maintenance, shall not be subject to this regulation and shall be managed
				  informally in accordance with department procedures.
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 III - Procedures › Section 6VAC35-30-40 - Reimbursement request

Current through Register Vol. 40, No. 24, July 15, 2024
A. Requests. For
				  all projects subject to this regulation, the department shall advise the
				  sponsor of the deadline for submissions necessary to obtain approval, for
				  inclusion in the department's budget request to the Governor, and for
				  consideration during the next General Assembly session.
B. Needs assessment. The sponsor shall, prior
				  to the applicable deadline, submit a needs assessment that shall demonstrate
				  the need for the particular service, program, or facility. The board shall
				  consider the needs assessment at its next regularly scheduled meeting and shall
				  approve, reject, or return the needs assessment.
1. If the needs assessment is approved by the
				  board, the department shall advise the sponsor of the board's decision and of
				  the deadline for submitting the planning study for the project.
2. If the needs assessment is returned to the
				  sponsor, the board shall provide the sponsor with additional factors to be
				  considered prior to resubmission.
3. The department shall advise the sponsor of
				  the board's decision, in writing, within seven business days of the board's
				  decision.
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 III - Procedures › Section 6VAC35-30-45 - Effect of legislative moratorium

Current through Register Vol. 40, No. 24, July 15, 2024
A. In such times when the Virginia General
				  Assembly has imposed a moratorium on construction and reimbursement of
				  construction costs, the sponsor shall follow the requirements of this
				  chapter.
B. To obtain any
				  reimbursement thereafter, the sponsor shall:
1. Pursue a legislative exception to the
				  moratorium on construction and reimbursement of construction costs;
				  or
2. Request reimbursement at such
				  time as the Virginia General Assembly authorizes funding for such
				  projects.
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 III - Procedures › Section 6VAC35-30-50 - 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 30 - REGULATION GOVERNING STATE REIMBURSEMENT OF LOCAL JUVENILE RESIDENTIAL FACILITY COSTS › Part III - Procedures › Section 6VAC35-30-60 - Criteria for board funding recommendation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Demonstrated need. The board shall
				  evaluate the need for the project as demonstrated by the information provided
				  in the Needs Assessment and Planning Study.
B. Operational cost efficiency. The board
				  shall take into consideration the operational cost efficiency of the interior
				  design of the facility with special concern for the number of staff required,
				  functional layout, material selection, and energy efficiency, with special
				  emphasis on meeting the needs of youth and the mission of the
				  facility.
C. Construction cost. All
				  sponsors shall calculate construction costs in accordance with the funding
				  formula provided in
				  6VAC35-30-65. Construction economy
				  shall be reviewed in relation to the adjusted median cost of local
				  facilities.
D. Board review of
				  construction costs. The economy of construction cost is necessary and shall be
				  reviewed as follows:
1. Review for efficiency.
a. Projects or portions of projects involving
				  renovation of existing facilities shall be reviewed in relation to the
				  efficiency of the renovated spaces, the appropriateness of the proposed
				  changes, and the relationship of the changes to the project of a
				  whole.
b. Projects of new
				  construction shall be reviewed for the building's appropriate efficiency ratio.
				  The board may request further information from the sponsor on projects with a
				  building's efficiency ratio of less than 65%.
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 III - Procedures › Section 6VAC35-30-65 - Funding formula

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  funding formula shall be used to calculate estimated construction costs at the
				  Schematic Design (15%) Documents level in the planning study phase:
1. A cost per square foot base figure shall
				  be the national median square-foot cost for jails published in the 24th annual
				  edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with
				  consideration taken of the "location factor," which is the materials and labor
				  cost differential specific to the project's geographical location.
2. The cost per square foot, adjusted using
				  the location factor, must be in accordance with all applicable codes and
				  standards and in accordance with the following formula:
National cost per square foot (from Means)
X Location Factor (from Means)
X Area allowance per bed (as provided for in subsection B
					 of this section)
= Adjusted median construction cost of local
					 facility.
3. The total
				  project cost shall include:
a. Construction
				  cost;
b. Site and utilities (from
				  Means);
c. Architectural and
				  Engineering services (services as defined in the Construction and Professional
				  Services Manual (CPSM));
d.
				  Furnishing and equipment (as itemized by the sponsor);
e. Project inspection (services as defined in
				  the CPSM);
f. Contingency
				  (10.0%);
g. Inflation factor
				  (yearly market inflation rate applied from January 1 of the year of the
				  submitted design through the midpoint of construction, compounded);
h. Property purchased specifically for this
				  facility; and
i. Other.
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 III - Procedures › Section 6VAC35-30-70 - Funding priorities

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall prioritize reimbursement requests in a
					 manner to ensure an equitable distribution of state funds across the
					 Commonwealth; and, absent a health, safety, or welfare risk requiring priority,
					 the board shall ordinarily give preference to requests for reimbursement for
					 regionalized local facilities. Regionalized local facilities shall normally
					 serve three or more localities as determined by the needs
					 assessment.
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 III - Procedures › Section 6VAC35-30-80 - Board recommendations to the Governor

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall notify the sponsor in
				  writing within seven business days of the board's decision to recommend or not
				  to recommend a project for reimbursement. If the recommendation is not to
				  recommend reimbursement, the department shall briefly explain the rationale for
				  the decision.
B. The board shall
				  submit to the Governor, or his designee (i) its recommendations with respect to
				  reimbursement requests and the rationale therefor; and (ii) such information as
				  the Governor may require with respect to a request for approval of
				  reimbursements.
C. Final
				  appropriations are subject to the Governor's approval and legislative
				  enactment.
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 IV - Project Development › Section 6VAC35-30-90 - Preliminary design

Current through Register Vol. 40, No. 24, July 15, 2024
A. The sponsor
				  shall submit preliminary design (35%) documents to the department as defined in
				  the CPSM and required by approved department procedures.
B. Preliminary design (35%) documents shall
				  be reviewed by the department for compliance with applicable statutes,
				  regulations, and any guidance documents that are incorporated herein.
1. If the department requires changes to the
				  preliminary design (35%) documents, all such required changes shall be
				  communicated in writing to the sponsor.
2. The sponsor shall respond in writing to
				  the department to all comments received from the department in the preliminary
				  design review. Necessary revisions to the project documents may be incorporated
				  in the submission of the construction documents (referred to as the "working
				  drawings" in the CPSM); however, all issues detailed in these writings shall be
				  resolved before the project is advanced to the construction document phase
				  (referred to as the "working drawings phase" in the CPSM).
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 IV - Project Development › Section 6VAC35-30-100 - Construction documents

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  sponsor shall submit construction documents to the department as defined in the
				  CPSM and required by approved department procedures.. The construction
				  documents shall include 100% complete working drawings, 100% complete
				  specifications, and all required review approvals from local building, health,
				  and fire officials.
B. The
				  construction documents shall be reviewed by the department for compliance with
				  applicable statutes, regulations, and any guidance documents incorporated
				  herein, and for incorporation of all changes required by the department at the
				  preliminary document review stage. This review in no way releases the sponsor
				  from other applicable responsibilities and requirements.
1. If the department requires changes to the
				  construction documents, all such required changes shall be communicated in
				  writing to the sponsor.
2. The
				  sponsor shall respond in writing to the department to all comments received
				  from the department in the construction document review. All issues detailed in
				  these writings shall be resolved before the project is advanced to the bidding
				  phase.
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 IV - Project Development › Section 6VAC35-30-110 - Change order process

Current through Register Vol. 40, No. 24, July 15, 2024
If, during the project development stage, any substantive
					 change in the scope of the project, any increase in the estimated cost of
					 construction, or any change in the operational staff requirements occurs, the
					 review process shall be suspended until the project is resubmitted to the board
					 for further review and possible change in the status of reimbursement
					 recommendation.
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 V - Project Construction › Section 6VAC35-30-120 - Bidding

Current through Register Vol. 40, No. 24, July 15, 2024
After bids for construction have been received and opened
					 and the sponsor has determined to proceed with the project, the sponsor shall
					 submit to the department a bid tabulation, analysis, and recommendation as to
					 the award of the contract. Any comments by the department shall be forwarded to
					 the sponsor within five business days of receipt; and the sponsor shall respond
					 to the comments in writing within 10 business days of receipt of the
					 department's comments. The department's failure to respond in the required time
					 frame shall serve as acceptance of the sponsor's recommendation as to the award
					 of the contract.
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 V - Project Construction › Section 6VAC35-30-130 - Construction

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				  construction of all projects, the sponsor shall submit monthly inspection or
				  progress reports to the department. The sponsor shall submit the reports to the
				  department no later than the 15th day of the month following the inspection or
				  when the progress report became due. The department shall notify the sponsor in
				  writing within 10 business days after receipt of any issues or problems with
				  the project or the reports. The department's failure to respond in the required
				  time frame shall serve as acceptance of the inspection and progress report. Any
				  failure to timely submit the monthly inspection or progress reports may
				  constitute grounds to deny the requested reimbursement, in whole or in
				  part.
B. Any substantive change
				  during the construction phase shall be submitted in writing to the department
				  for review and approval before any such change is executed. Only those changes
				  that are approved through the approved department procedure shall be eligible
				  for reimbursement. Any failure to seek and obtain approval of a substantive
				  change may constitute grounds to deny the requested reimbursement, in whole or
				  in part.
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 V - Project Construction › Section 6VAC35-30-140 - Final inspection

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  construction completion, the sponsor shall establish a schedule for final
				  inspection of the project. This schedule shall include:
(i) notification to the department and all
				  regulatory agencies that reviewed preliminary design or construction documents
				  of the schedule;
(ii) a request to
				  the personnel or agencies involved in the final inspection to submit comments
				  or recommendations in writing to the sponsor and to the department;
(iii) documentation of the correction of all
				  deficiencies noted in the comments; and
(iv) the submission of a report of completed
				  actions to the appropriate reviewing agencies and to the department.
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 V - Project Construction › Section 6VAC35-30-150 - Record documents

Current through Register Vol. 40, No. 24, July 15, 2024
The sponsor shall require its architect to modify original
					 drawings and specifications to reflect the condition of the project as actually
					 constructed, and such documents shall be marked "Record." The record documents
					 shall be prepared as defined in the CPSM and in accordance with approved
					 department procedures.
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 VI - Private Construction of Juvenile Facilities › Section 6VAC35-30-160 - Private construction of juvenile facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Section 16.1-322.5 of the Code of Virginia allows the board
					 to authorize a county or city or any combination of counties, cities, or towns
					 established pursuant to § 16.1-315 of the Code of Virginia to contract with a
					 private entity for the financing, site selection, acquisition, or design and
					 construction of a local or regional detention home or other secure facility.
					 Localities authorized to contract for private construction of a juvenile
					 detention facility shall receive state reimbursement authorized by § 16.1-309.5
					 of the Code of Virginia, in accordance with Parts I through VI of this
					 chapter.
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 VI - Private Construction of Juvenile Facilities › Section 6VAC35-30-170 - Requirements for contract authorization

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to receiving the board's authorization to enter into
					 a contract for private construction, sponsors shall certify and submit
					 documentation demonstrating that all requirements mandated by § 16.1-322.5 of
					 the Code of Virginia have been met by both the sponsor and the
					 contractor.
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 VII - Final Reimbursement › Section 6VAC35-30-180 - Request for final reimbursement for all projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon completion of the project, the
				  sponsor shall submit the documentation specified by approved department
				  procedures to the department.
B. If
				  the final amount of reimbursement requested is not greater than the
				  reimbursement amount initially recommended, including the contingency, the
				  department shall authorize reimbursement within 90 days of receiving a complete
				  reimbursement request. The reimbursement request shall be in the form specified
				  by the department.
C. If the final
				  amount of reimbursement requested is greater than the reimbursement amount
				  initially recommended, the sponsor shall justify the cost increase and submit
				  the adjusted reimbursement request to the board and the Governor, or his
				  designee, for approval.
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 VII - Final Reimbursement › Section 6VAC35-30-190 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to comply with these regulations will delay the
					 review process and recommendation for disbursement of funds, may result in the
					 denial of reimbursement, and may result in the failure to obtain board
					 certification or department approval to house residents in the facility as
					 provided for in the Regulation Governing the Monitoring, Approval, and
					 Certification of Juvenile Justice Programs (6VAC35-20).
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 VII - Final Reimbursement › Section - DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-30)

Current through Register Vol. 40, No. 24, July 15, 2024
The
					 Step-by-Step Procedures for Approval and Reimbursement for Local Facility
					 Construction, Enlargement, and Renovation, revised March 2001, Department of
					 Juvenile Justice
.
Construction
					 and Professional Services Manual, Revision 1, October 2004, Department of
					 General Services, Division of Engineering and Buildings
.
R.S. Means Facilities Construction Cost Data 2009, 24th
					 Annual Edition, R.S. Means-Reed Construction Data (
http://rsmeans.reedconstructiondata.com
).
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 40 - PREDISPOSITIONAL AND POST DISPOSITIONAL GROUP HOME STANDARDS [REPEALED] › Section 6VAC35-40-10 to 6VAC35-40-1150 - 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 41 - REGULATION GOVERNING JUVENILE GROUP HOMES AND HALFWAY HOUSES › Part I - General Provisions › Section 6VAC35-41-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter applies to group homes, halfway houses,
					 shelter care, and other applicable juvenile residential facilities regulated by
					 the board as authorized by statute. Parts I (6VAC35-41-10 et seq.) through VI
					 (6VAC35-41-710 et seq.), XII
					 (6VAC35-41-1150 et seq.), and XIII
					 (6VAC35-41-1290 et seq.) of this
					 chapter apply to all juvenile residential facilities, with the exception of
					 family-oriented group homes, governed by this regulation unless specifically
					 excluded. Parts VII (6VAC35-41-950 ) through XI
					 (6VAC35-41-1120 et seq.) of this
					 chapter apply only to the specific programs or facilities as
					 indicated.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-30 - Previous regulations terminated

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter replaces the Standards for the Interim
					 Regulation of Children's Residential Facilities (6VAC35-51) and the Standards
					 for Juvenile Residential Facilities (6VAC35-140) for the regulation of all
					 juvenile residential facilities as defined herein. The Standards for the
					 Interim Regulation of Children's Residential Facilities and the Standards for
					 Juvenile Residential Facilities remain in effect for juvenile detention
					 facilities and juvenile correctional centers, regulated by the board, until
					 such time as the board adopts new regulations related
					 thereto.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-40 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall comply with the provisions of the Regulations Governing the Monitoring,
				  Approval, and Certification of Juvenile Justice Programs (6VAC35-20). The
				  provider shall:
1. Demonstrate compliance
				  with this chapter, other applicable regulations issued by the board, and
				  applicable statutes and regulations;
2. Implement approved plans of action to
				  correct findings of noncompliance; and
3. Ensure no noncompliance may pose any
				  immediate and direct danger to residents.
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 6VAC35-41-50 - Age of residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facilities
				  shall admit residents only in compliance with the age limitations approved by
				  the board in establishing the facility's certification capacity, except as
				  provided in subsection B of this section.
B. A facility shall not admit a resident who
				  is above the age approved for certification. A resident may remain in the
				  facility above the age of certified capacity (i) to allow the resident to
				  complete a program identified in the resident's individual service plan and
				  (ii) if a discharge plan has been established. This subsection does not apply
				  to shelter care programs.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-60 - Relationship to the regulatory authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. All reports and information as the
				  regulatory authority may require to establish compliance with this chapter and
				  other applicable regulations and statutes shall be submitted to or made
				  available to the regulatory authority.
B. A written report of any contemplated
				  changes in operation that would affect the terms of the certificate or the
				  continuing eligibility for certification shall be submitted to the regulatory
				  authority. A change may not be implemented prior to approval by the regulatory
				  authority.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-70 - Relationship with the department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The director or designee shall be notified within five working days of any
				  significant change in administrative structure or newly hired facility
				  administrator.
B. Any of the
				  following that may be related to the health , safety, or human rights of
				  residents shall be reported to the director or designee within 10 days:
(i) lawsuits against the facility or its
				  governing authorityand
(ii)
				  settlements with the facility or its governing authority.
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 6VAC35-41-80 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. Board action may
				  be requested by the facility administrator to relieve a facility from having to
				  meet or develop a plan of action for the requirements of a specific section or
				  subsection of this regulation, either permanently or for a determined period of
				  time, as provided in the Regulations Governing the Monitoring, Approval, and
				  Certification of Juvenile Justice Programs (6VAC35-20).
B. Any such variance may not be implemented
				  prior to approval of the board.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-90 - Serious incident reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  following events shall be reported within 24 hours to:
(i) the placing agency,
(ii) the parent or legal guardian, or both,
				  as applicable and appropriate, and
(iii) the director or designee:
1. Any serious incident, accident, illness,
				  or injury to the resident;
2. Any
				  overnight absence from the facility without permission;
3. Any runaway;
4. Any fire, hostage or emergency situation,
				  or natural disaster that jeopardizes the health, safety, and welfare of the
				  residents; and
5. Any suspected
				  case of child abuse or neglect at the facility, on a facility event or
				  excursion, or involving facility staff as provided in
				  6VAC35-41-100 (suspected child
				  abuse or neglect).
The 24-hour reporting requirement may be extended when the
					 emergency situation or natural disaster has made such communication impossible
					 (e.g., modes of communication are not functioning). In such cases, notice shall
					 be provided as soon as feasible thereafter.
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 6VAC35-41-100 - Suspected child abuse or neglect

Current through Register Vol. 40, No. 24, July 15, 2024
A. When there is a reason to suspect that a
				  child is an abused or neglected child, the matter shall be reported immediately
				  to the local department of social services as required by § 63.2-1509 of the
				  Code of Virginia and in accordance with the written procedures.
B. Written procedures shall be distributed to
				  all staff members and shall at a minimum provide for the following:
1. Handling accusations against
				  staff;
2. Reporting and documenting
				  suspected cases of child abuse and neglect;
3. Cooperating during any investigation;
				  and
4. Measures to be taken to
				  ensure the safety of the resident and the staff.
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 6VAC35-41-105 - Reporting criminal activity

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Staff shall be required to report all known criminal activity by residents or
				  staff, including but not limited to any physical abuse, sexual abuse, or sexual
				  harassment, to the facility administrator for appropriate action.
B. The facility administrator, in accordance
				  with written procedures, shall notify the appropriate persons or agencies,
				  including law enforcement, child protective services, and the department as
				  appropriate and applicable, of suspected criminal violations by residents or
				  staff. Suspected criminal violations relating to the health and safety or human
				  rights of residents shall be reported to the director or designee.
C. The facility shall assist and cooperate
				  with the investigation of any such complaints and allegations as
				  necessary.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.
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 6VAC35-41-110 - Grievance procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. Written
				  procedure shall provide that residents are oriented to and have continuing
				  access to a grievance procedure that provides for:
1. Resident participation in the grievance
				  process with assistance from staff upon request;
2. Investigation of the grievance by an
				  objective employee who is not the subject of the grievance;
3. Documented, timely responses to all
				  grievances with the reasons for the decision;
4. At least one level of appeal;
5. Administrative review of
				  grievances;
6. Protection from
				  retaliation or threat of retaliation for filing a grievance; and
7. Hearing of an emergency grievance within
				  eight hours.
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 II - Administrative and Personnel › Article 1 - General Provisions › Section 6VAC35-41-120 - Responsibilities of the provider or governing authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall clearly identify the
					 corporation, association, partnership, individual, or public agency that is the
					 holder of the certificate (governing authority). Any change in the identity or
					 corporate status of the governing authority or provider shall be reported to
					 the director or designee.
B. The
					 governing authority shall appoint a facility administrator to whom it delegates
					 the authority and responsibility for administrative direction of the
					 facility.
C. A written
					 decision-making plan shall be developed and implemented and shall provide for a
					 staff person with the qualifications of a facility administrator to be
					 designated to assume the temporary responsibility for the operation of the
					 facility. Each plan shall include an organizational chart.
D. The provider shall have a written
					 statement of its (i) purpose, (ii) population served, and (iii) available
					 services for each facility subject to this regulation.
E. Written procedures shall be developed and
					 implemented to monitor and evaluate quality assurance in each facility.
					 Improvements shall be implemented when indicated.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						  Virginia.
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 II - Administrative and Personnel › Article 1 - General Provisions › Section 6VAC35-41-130 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Documentation of
					 the following insurance coverage shall be maintained:
1. Liability insurance covering the premises
					 and the facility's operations, including all employees and volunteers, if
					 applicable.
2. Insurance necessary
					 to comply with Virginia's minimum insurance requirements for all vehicles used
					 to transport residents.
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 II - Administrative and Personnel › Article 1 - General Provisions › Section 6VAC35-41-140 - Participation of residents in human research

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall have procedures,
					 approved by its governing authority, to govern the review, approval, and
					 monitoring of human research. Human research means any systematic
					 investigation, including research development, testing, and evaluating,
					 involving human subjects, including but not limited to a resident or his
					 parents, guardians, or family members, that is designed to develop or
					 contribute to generalized knowledge. Human research does not include
					 statistical analysis of information readily available on the subject that does
					 not contain any identifying information or research exempted by federal
					 research regulations pursuant to
					 45 CFR
					 46.101(b).
B. Information on residents shall be
					 maintained as provided in
					 6VAC35-41-330 (maintenance of
					 records) and all records and information related to the human research shall be
					 kept confidential in accordance with applicable laws and regulations.
C. The provider may require periodic progress
					 reports of any research project and a formal final report of all completed
					 research projects.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						  Virginia.
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 II - Administrative and Personnel › Article 1 - General Provisions › Section 6VAC35-41-145 - Operational procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Current operational procedures shall be accessible to all
						staff.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						  Virginia.
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 II - Administrative and Personnel › Article 2 - Hiring › Section 6VAC35-41-150 - Job descriptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. There
					 shall be a written job description for each position that, at a minimum,
					 includes the:
1. Job title or
					 position;
2. Duties and
					 responsibilities of the incumbent;
3. Job title or identification of the
					 immediate supervisor; and
4.
					 Minimum education, experience, knowledge, skills, and abilities required for
					 entry-level performance of the job.
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 II - Administrative and Personnel › Article 2 - Hiring › Section 6VAC35-41-160 - Qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facilities
					 subject to (i) the rules and regulations of a governing authority or (ii) the
					 rules and regulations of a local government personnel office shall develop
					 written minimum entry-level qualifications in accord with the rules and
					 regulations of the supervising personnel authority. Facilities not subject to
					 rules and regulations of the governing authority or a local government
					 personnel office shall follow the minimum entry-level qualifications of the
					 Virginia Department of Human Resource Management.
B. When services or consultations are
					 obtained on a contractual basis, they shall be provided by professionally
					 qualified personnel.
C. Each
					 facility shall provide documentation of contractual agreements or staff
					 expertise to provide educational services, counseling services, psychological
					 services, medical services, or any other services needed to serve the residents
					 in accordance with the facility's program description as defined by the
					 facility's criteria of admission, required by
					 6VAC35-41-730 B (application for
					 admission).
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						  Virginia.
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 II - Administrative and Personnel › Article 2 - Hiring › Section 6VAC35-41-165 - Employee tuberculosis screening and follow-up

Current through Register Vol. 40, No. 24, July 15, 2024
A. On or before the employee's start date at
					 the facility each employee shall submit evidence of freedom from tuberculosis
					 in a communicable form that is no older than 30 days. The documentation shall
					 indicate the screening results as to whether there is an absence of
					 tuberculosis in a communicable form.
B. Each employee shall submit evidence of an
					 annual evaluation of freedom from tuberculosis in a communicable
					 form.
C. Employees shall undergo a
					 subsequent tuberculosis screening or evaluation, as applicable, in the
					 following circumstances:
1. The employee comes
					 into contact with a known case of infectious tuberculosis; or
2. The employee develops chronic respiratory
					 symptoms of three weeks duration.
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 II - Administrative and Personnel › Article 2 - Hiring › Section 6VAC35-41-170 - Physical examination

Current through Register Vol. 40, No. 24, July 15, 2024
When the qualifications for a position require a given
						set of physical abilities, all persons selected for such positions shall be
						examined by a physician at the time of employment to ensure that they have the
						level of medical health or physical ability required to perform assigned
						duties. Persons hired into positions that require a given set of physical
						abilities may be reexamined annually in accordance with written
						procedures.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						  Virginia.
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 II - Administrative and Personnel › Article 2 - Hiring › Section 6VAC35-41-180 - Employee and volunteer background checks

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided in subsection B of this
					 section, all persons who (i) accept a position of employment at, (ii) volunteer
					 on a regular basis and will be alone with a resident in the performance of
					 their duties, or (iii) provide contractual services directly to a resident on a
					 regular basis and will be alone with a resident in the performance of their
					 duties in a juvenile residential facility shall undergo the following
					 background checks, in accordance with § 63.2-1726 of the Code of Virginia, to
					 ascertain whether there are criminal acts or other circumstances that would be
					 detrimental to the safety of residents in the facility:
1. A reference check;
2. A criminal history check;
3. A fingerprint check with the Virginia
					 State Police and Federal Bureau of Investigation (FBI);
4. A central registry check with Child
					 Protective Services; and
5. A
					 driving record check if applicable to the individual's job duties.
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 II - Administrative and Personnel › Article 3 - Employee Orientation and Training › Section 6VAC35-41-190 - Required initial orientation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Before the expiration of the employee's seventh work day at the facility, each
					 employee shall be provided with a basic orientation on the following:
1. The facility;
2. The population served;
3. The basic objectives of the
					 program;
4. The facility's
					 organizational structure;
5.
					 Security, population control, emergency preparedness, and evacuation procedures
					 in accordance with
					 6VAC35-41-490 (emergency and
					 evacuation procedures);
6. The
					 practices of confidentiality;
7.
					 The residents' rights; and
8. The
					 basic requirements of and competencies necessary to perform in the
					 positions.
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 II - Administrative and Personnel › Article 3 - Employee Orientation and Training › Section 6VAC35-41-200 - Required initial training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 full-time and part-time employee and relief staff shall complete initial,
					 comprehensive training that is specific to the individual's occupational class,
					 is based on the needs of the population served, and ensures that the individual
					 has the competencies to perform in the position.
1. Direct care staff shall receive at least
					 40 hours of training, inclusive of all training required by this section, in
					 their first year of employment.
2.
					 Contractors shall receive training required to perform their position
					 responsibilities in a juvenile residential facility.