Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES › Section 22VAC40-191-10 - Defining words and phrases

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Agent" means a person who is empowered to act on behalf of
				  the applicant that is an association, partnership, limited liability company,
				  business trust, public agency, or corporation in matters relating to a child
				  welfare agency.
"Applicant" means the person applying for approval or
				  licensure as a (i) licensed child-placing agency; (ii) licensed independent
				  foster home; or (iii) foster and adoptive home approved by a licensed
				  child-placing agency. In the case of a sole proprietorship, the applicant is
				  the individual owner. In the case of a partnership, the applicants are all the
				  partners. If the applicant is a corporation, association, or business trust,
				  the applicants are officers. If the applicant is a limited liability company,
				  the applicants are the members or managers. If the applicant is a public
				  agency, the applicant is the person responsible for the overall operation of
				  the public agency.
"Approved" means having obtained the status of approval
				  through the process required in Standards for Licensed Child-Placing Agencies
				  (22VAC40-131). Approved foster and adoptive parents include resource, foster,
				  adoptive, treatment foster, and short-term foster parents and families approved
				  by child-placing agencies.
"Background checks" means a sworn statement or affirmation, a
				  criminal history record report, and a child protective services central
				  registry check.
"Barrier crime" means a conviction identified at §
									19.2-392.02
				  in the Code of Virginia.
"Central registry" means the record of founded complaints of
				  child abuse and neglect maintained by the Department of Social Services.
"Central registry finding" means the record of founded
				  complaints of child abuse and neglect for an individual.
"Central Criminal Records Exchange" or "CCRE" means the
				  information system containing conviction data of crimes committed in Virginia.
				  The system is maintained by the Department of State Police.
"Child-placing agency" means (i) any person that places
				  children in foster homes, adoptive homes, or independent living arrangements
				  pursuant to §
									63.2-1819
				  of the Code of Virginia;(ii) or a local board that places children in foster
				  homes or adoptive homes pursuant to §§
									63.2-900,
				  63.2-903,
				  and
				  63.2-1221
				  of the Code of Virginia; or (iii) an entity that assists parents with the
				  process of delegating parental and legal custodial powers of their children
				  pursuant to Chapter 10 (§
									20-166
				  et seq.) of Title 20 of the Code of Virginia. Officers, employees, or agents of
				  the Commonwealth, or any locality acting within the scope of its authority as
				  such, who serve as or maintain a child-placing agency, shall not be required to
				  be licensed.
"Child welfare agency" means a child-placing agency,
				  children's residential facility, or independent foster home. For purposes of
				  this chapter, the requirements for child welfare agencies also apply to foster
				  or adoptive homes requesting approval or with approval by child-placing
				  agencies.
"Commissioner" means the Commissioner of the Department of
				  Social Services or his designee.
"Contract agency" means an entity with which the facility or
				  a parent has an agreement to provide services to a child or children while
				  attending the facility.
"Contract employee" means a person with whom the facility or
				  a parent has an agreement to provide services to a child or children while
				  attending the facility.
"Criminal history record check" means the process the
				  Department of State Police uses to generate a criminal record report on a
				  person. The check may be a state check generated solely through the Central
				  Criminal Records Exchange or a check forwarded through the Central Criminal
				  Records Exchange to the Federal Bureau of Investigation for the purpose of
				  obtaining national criminal history record information.
"Criminal history record report" means either the criminal
				  record clearance or the criminal history record issued by the Central Criminal
				  Records Exchange, Department of State Police. The report identifies convictions
				  within the Commonwealth.
"Department" means the State Department of Social
				  Services.
"Department representative" means an employee of the
				  department who carries out regulatory duties or an agency acting as an
				  authorized agent of the department carrying out approval functions. Licensed
				  child-placing agencies have authority to approve foster and adoptive
				  parents.
"Disqualifying background" means having an offense, as
				  defined in §
									63.2-1719
				  of the Code of Virginia. For the purpose of this chapter, having been the
				  subject of a founded abuse or neglect complaint as described in "offense"
				  includes records that have been purged from the child abuse and neglect central
				  registry. However, no person is considered to be the subject of a founded
				  complaint of child abuse or neglect until a decision upholding the finding has
				  been rendered by the hearing officer after the administrative hearing, provided
				  the person complies with the requirements for requesting an administrative
				  hearing. No person is considered to be the subject of a founded complaint of
				  child abuse or neglect if the child abuse or neglect finding is overturned by
				  an administrative hearing or a subsequent court decision.
"Employee" means a person hired by a facility or with whom
				  the facility has an employment agreement.
"Facility" means
(i)
				a licensed child-placing agency;
(ii) a licensed independent foster home; and
(iii) an applicant seeking a waiver
				in order to establish one of the above listed entities.
"Good character and reputation" means that the person (i)
				  maintains business, professional, family, and community relationships that are
				  characterized by honesty, fairness, truthfulness and dependability and (ii) has
				  a history or pattern of behavior that demonstrates that the person is suitable
				  and able to care for, guide, supervise, and protect children.
"Independent foster home" means a private family home in
				  which any child, other than a child by birth or adoption of such person,
				  resides as a member of the household and has been placed in that home
				  independently of a child-placing agency except (i) a home in which are received
				  only children related by birth or adoption of the person who maintains such
				  home and children of personal friends of such person; (ii) a home in which is
				  received a child or children committed under the provisions of subdivision A 4
				  of §
										16.1-278.2,
				  subdivision 6 of §
										16.1-278.4,
				  or subdivision A 13 of §
										16.1-278.8
				  of the Code of Virginia; and (iii) a home in which are received only children
				  who are the subject of a properly executed power of attorney pursuant to
				  Chapter 10 (§
										20-166
				  et. seq.) of Title 20 of the Code of Virginia.
"Involved in the day-to-day operations" means:
1. In a supervisory or management position,
				making daily decisions regarding the operation of the facility;
2. Counted by the facility for purposes of
				staff-to-children ratios;
3.
				Providing casework services for a child-placing agency; or
4. Having access to child-related and
				client-related records or to facility personnel records.
"Licensed" means having met the requirements of and obtained
				  licensure as a licensed independent foster home or licensed private
				  child-placing agency.
"Living in" means to reside in a place for an extended or
				  permanent period of time.
"Local agency" means local department of social
				  services.
"May" means has permission.
"Must" means the action is a requirement.
"Must not" means the action is prohibited.
"National criminal background check" means criminal history
				  record information from the Federal Bureau of Investigation.
"Offense" means a (i) conviction of a barrier crime, (ii)
				  conviction of any other felony not included in the definition of barrier crime
				  unless five years have elapsed since conviction, (iii) founded complaint of
				  child abuse or neglect within or outside the Commonwealth, or (iv) a conviction
				  of an offense set forth in §
											9.1-902
				  of the Code of Virginia or a finding that a person is not guilty by reason of
				  insanity in accordance with Chapter 11.1 (§
											19.2-182.2
				  et seq.) of Title 19.2 of the Code of Virginia of an offense set forth in
				  §
											9.1-902
				  that results in the person's requirement to register with the Sex Offender and
				  Crimes Against Minors Registry pursuant to §
											9.1-901
				  of the Code of Virginia, or any similar registry in any other state.
				  Convictions include prior adult convictions and juvenile convictions or
				  adjudications of delinquency based on a crime that would be a felony if
				  committed by an adult within or outside the Commonwealth.
"Other felony" means conviction for any felony in the last
				  five years that is not a barrier crime felony.
"Parent-volunteer" means someone supervising, without pay, a
				  group of children that includes the parent-volunteer's own child in a program
				  that operates no more than four hours per day, provided that the
				  parent-volunteer works under the direct supervision of a person who has
				  received a clearance pursuant to §
											63.2-1720
				  of the Code of Virginia.
"Search of central registry" means the process the Virginia
				  Department of Social Services' Child Protective Services Unit uses to generate
				  a central registry report on a person.
"Sworn statement or affirmation" means a statement completed
				  by a person attesting to whether he has ever been (i) convicted of or the
				  subject of pending charges of any crime within or outside the Commonwealth or
				  an equivalent offense outside the Commonwealth or (ii) the subject of a founded
				  complaint of child abuse or neglect within or outside the Commonwealth. Any
				  person making a false statement regarding any such offense shall be guilty of a
				  Class 1 misdemeanor pursuant to §§
											63.2-1720
				  and
				  63.2-1721
				  of the Code of Virginia.
"22VAC" means Title 22 of the Virginia Administrative Code.
				  This is the social services title.
"Volunteer" means a person who provides services without pay
				  and who is alone with a child or children in performance of his
				  duties.