reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-470 - Prehearing conferences

Current through Register Vol. 40, No. 24, July 15, 2024
The hearing officer has the statutory power to hold
					 conferences for the settlement or simplification of issues by the parties. The
					 hearing officer may hold a prehearing conference for the stipulation of certain
					 facts or for any other purposes that might be accomplished by such a
					 preliminary process. It may be useful for the hearing officer to direct the
					 parties to submit to him and exchange in advance of the conference: proposed
					 statements of issues, proposed stipulations, requests for information,
					 statements of position, proposed procedural data, and the exchange of exhibits.
					 The notice for such a prehearing conference must be established by the hearing
					 officer as to the date, time and place for such conference. It will not be
					 necessary to provide a verbatim reporting of the prehearing conference. A
					 report summarizing the results of this conference must be prepared, consisting
					 of a list of appearances, agreements reached, the hearing officer's rulings,
					 and other matters decided. A copy of this report shall be provided to all
					 persons who entered appearances, which shall become part of the agency
					 record.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-480 - Conduct of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				  initiate the proceedings, the hearing officer will call the hearing to order
				  and make a brief statement giving the name of the proceeding, its case number,
				  the names of all persons present and involved in the proceeding, and other
				  appropriate introductory remarks such as the general rules of decorum and
				  conduct. The parties shall be entitled to be accompanied by and represented by
				  counsel. Before the formal presentation of evidence begins, the parties should
				  be given an opportunity to bring up any preliminary matters or motions. If a
				  hearing officer has questions or issues regarding the procedures in the hearing
				  or his role in conducting the hearing, these questions shall be directed to the
				  hearing coordinator. The parties at administrative hearings have the right to
				  conduct cross-examination to obtain full and fair disclosure of the facts. The
				  hearing officer will decide if the hearing will be open to the
				  public.
B. The following shall be
				  the order of proceedings at all hearings, subject to modification by the
				  hearing officer before such hearing is commenced, for good cause:
1. Presentation, argument, and disposition of
				  all preliminary matters and motions.
2. Presentation of opening statements. Such
				  statements are not subject to cross-examination or an opportunity to present
				  argumentative testimony.
3. Agency
				  representative presents the case, calling witnesses in such order as is seen
				  fit. Each witness should be subject to direct, cross, and redirect examination.
				  Both the counsel for the adverse party and the hearing officer may direct
				  questions to the witness.
4. The
				  aggrieved party should present its case, using the same guidelines as
				  established in subdivision 3 of this subsection.
5. Rebuttal evidence by the agency
				  representative should be permitted.
6. At the close of the presentation of
				  evidence, the parties may exercise their rights pursuant to §§
				  2.2-4020 and 2.2-4021 of the Code of Virginia. The parties, on request, shall
				  be given the opportunity for closing argument and may submit for the record, in
				  writing, proposed findings and conclusions.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-490 - Rules of evidence

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  burden of proof shall be upon the proponent. Therefore, if this is a situation
				  where the department has revoked a license or imposed another administrative
				  sanction subject to appeal by administrative hearing, the department is the
				  proponent and has the burden of proof. However, in cases where the department
				  has refused to grant an initial or renewal license, the proponent is the
				  applicant and has the burden of proving that it should be granted a
				  license.
B. The formal rules of
				  evidence shall not apply. The hearing officer shall receive any probative
				  evidence, and should strike, on objection or own motion, evidence that is
				  irrelevant, immaterial, insubstantial, privileged, or repetitive, as required
				  by §§ 2.2-4020 and 2.2-4021 of the Code of Virginia. If a question or
				  answer at hearing is irrelevant, improper, or excludable, the hearing officer
				  may strike it without waiting for an objection.
C. A party to the hearing may conduct
				  examinations or cross examinations without rigid adherence to formal rules of
				  evidence, provided the examination or cross examination does not become abusive
				  or constitute harassment of the witness, and the examination can be shown to be
				  necessary to result in full and fair disclosure of the facts bearing upon
				  matters in issue. The hearing officer may examine all or any of the witnesses
				  at the hearing.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-500 - The record at hearing

Current through Register Vol. 40, No. 24, July 15, 2024
All testimony in the administrative hearing must be
					 recorded either stenographically or by mechanical means. All documents or other
					 evidence received are also part of the record and must be maintained. In
					 addition, a record must be maintained of all evidence offered but excluded. See
					 Rule 2A: 3 (c) of the Rules of the Supreme Court of Virginia. As a matter of
					 practice, it would be appropriate for the hearing officer to conditionally
					 receive evidence and thereafter, if it is excludable, to avoid considering it
					 in making the decision. In this way, if it is determined on judicial review
					 that the hearing officer erroneously decided that the evidence was excludable,
					 the case can be remanded for reconsideration of the evidence submitted but
					 rejected as exhibits.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part IX - Hearings Procedures › Section 22VAC40-80-520 - Case decision

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  commissioner, after review of the findings of fact and recommended decision of
				  the hearing officer, shall make a case decision and issue an order in the case
				  within 30 days from the date that the commissioner receives the hearing
				  officer's recommendation (§§ 2.2-4020 and 2.2-4021 of the Code of
				  Virginia). The commissioner shall provide notification to the aggrieved party
				  of the decision within 30 days of receipt of the hearing officer's
				  recommendation. If the commissioner does not render a decision within 30 days,
				  the aggrieved party to the case decision may provide a written notice to the
				  commissioner that a decision is due. If no decision is made within 30 days from
				  the commissioner's receipt of the notice, the decision is deemed to be in favor
				  of the aggrieved party. Service of the notice of the commissioner's decision is
				  achieved by mailing the notice of the case decision to the licensee, unless
				  service is made by other means and acknowledged in writing by the licensee. If
				  service is accomplished by mail, three days shall be added to the 30-day
				  period. If the licensee wishes to appeal the decision, he shall have 30 days
				  after service of the notice of case decision to make such request.
B. The signed original case decision shall
				  remain in the custody of the agency as a public record, subject to the agency's
				  records retention policy. The signed originals or facsimiles thereof, together
				  with the full record or file of the case, shall be made available for public
				  inspection or copying except as the agency may, in its discretion under §
				  2.2-4023 of the Code of Virginia, decide to withhold part or all of the
				  records.
C. The provisions for
				  appealing the commissioner's order in accordance with the Administrative
				  Process Act are found at §§ 2.2-4025 through 2.2-4030 of the Code of
				  Virginia.
D. When issuance or
				  renewal of a license as an adult care facility has been refused by the
				  commissioner, the applicant shall not thereafter for a period of one year apply
				  again for such license. When issuance or renewal of a license for a child
				  welfare agency has been refused by the commissioner, the applicant shall not
				  thereafter for a period of six months apply again for such license.
EXCEPTION: An adult care facility or a child welfare
					 agency may apply again for such license before the end of the applicable
					 specified period if the commissioner in his sole discretion believes that there
					 has been such a change in the conditions on account of which he refused the
					 prior application as to justify considering the new
					 application.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733 and
						63.2-1734 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part I - Introduction › Section 22VAC40-90-20 - Legal base and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sections 63.2-1702 and 63.2-1721 of the
				  Code of Virginia require all applicants for licensure as assisted living
				  facilities to undergo background checks consisting of a sworn statement or
				  affirmation and criminal history record check. If the applicant is an
				  individual, he must undergo a background check. If the applicant is an
				  association, partnership, limited liability company, corporation or public
				  agency, the officers and agents of the applicant must undergo background
				  checks.
B. Section 63.2-1720 of the
				  Code of Virginia requires all employees of assisted living facilities and adult
				  day care centers, as defined by § 63.2-100 of the Code of Virginia, to
				  obtain a criminal history record report from the Department of State
				  Police.
C. Section 63.2-1720 of the
				  Code of Virginia requires all applicants for employment at assisted living
				  facilities and adult day care centers to provide the hiring facility with a
				  sworn statement or affirmation.
D.
				  No volunteer shall be permitted to serve in a licensed assisted living facility
				  or licensed adult day care center without the permission or under the
				  supervision of a person who has received a clearance pursuant to §
				  63.2-1720 of the Code of Virginia.
Statutory Authority
§§ 63.2-1702, 63.2-1720 and 63.2-1721 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part I - Introduction › Section 22VAC40-90-20 - Legal base and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sections
				  63.2-1702 and
				  63.2-1721 of the Code of
				  Virginia require all applicants for licensure as assisted living facilities to
				  undergo background checks consisting of a sworn statement or affirmation and
				  criminal history record check. If the applicant is an individual, the
				  individual must undergo a background check. If the applicant is an association,
				  partnership, limited liability company, corporation, or public agency, the
				  officers and agents of the applicant must undergo background checks.
B. Section
				  63.2-1720 of the Code of
				  Virginia requires all employees of assisted living facilities and adult day
				  centers, as defined by §
										63.2-100 of the Code of
				  Virginia, to obtain a criminal history record report from the Department of
				  State Police.
C. Section
				  63.2-1720 of the Code of
				  Virginia requires all applicants for employment at assisted living facilities
				  and adult day centers to provide the hiring facility with a sworn statement or
				  affirmation.
D. No volunteer shall
				  be permitted to serve in a licensed assisted living facility or licensed adult
				  day center without the permission or under the supervision of a person who has
				  received a clearance pursuant to §
										63.2-1720 of the Code of
				  Virginia.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part II - The Sworn Statement or Affirmation › Section 22VAC40-90-30 - Sworn statement or affirmation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant for licensure shall complete
				  a sworn statement or affirmation upon application for licensure as an assisted
				  living facility.
B. The sworn
				  statement or affirmation shall be completed for all applicants for employment.
				  (NOTE: A model form is available from the department upon request and on the
				  department's website.)
C. Any
				  person making a materially false statement on the sworn statement or
				  affirmation shall be guilty of a Class 1 misdemeanor.
D. The sworn statement or affirmation shall
				  be attached and filed with the criminal history record report.
E. The commissioner shall provide a copy of
				  the sworn statement or affirmation to any applicant denied licensure as an
				  assisted living facility because of information on the sworn statement or
				  affirmation.
F. Further
				  dissemination of the sworn statement or affirmation information is prohibited
				  other than to the commissioner's representative or a federal or state authority
				  or court as may be required to comply with an express requirement of law for
				  such further dissemination.
Statutory Authority
§§ 63.2-1702, 63.2-1720 and 63.2-1721 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part III - The Criminal History Record Report › Section 22VAC40-90-40 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The applicant for licensure shall submit a criminal history record report upon
				  application for licensure as an assisted living facility.
B. The criminal history record report shall
				  be obtained on or prior to the 30th day of employment for each
				  employee.
C. Any person required by
				  this chapter to obtain a criminal history record report shall be ineligible for
				  employment if the report contains convictions of the barrier crimes.
D. If a criminal history record is requested,
				  it shall be the responsibility of the licensee to ensure that the employee has
				  not been convicted of any of the barrier crimes.
E. Criminal history record reports shall be
				  kept confidential. Reports on employees shall only be received by the facility
				  administrator, licensee, board president, or their designee.
F. A criminal history record report issued by
				  the State Police shall not be accepted by the facility if the report is dated
				  more than 90 days prior to the date of employment.
G. Any applicant denied licensure as an
				  assisted living facility or employment at an assisted living facility or adult
				  day care center because of convictions appearing on his criminal history record
				  report shall be provided a copy of the report by the licensing authority or the
				  hiring facility.
H. A facility
				  shall not continue to employ any person who has a conviction of any of the
				  barrier crimes.
Statutory Authority: § 63.2-217 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part III - The Criminal History Record Report › Section 22VAC40-90-40 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  applicant for licensure shall submit a criminal history record report upon
				  application for licensure as an assisted living facility.
B. The criminal history record report shall
				  be obtained on or prior to the 30th day of employment for each
				  employee.
C. Any person required by
				  this chapter to obtain a criminal history record report shall be ineligible for
				  employment if the report contains convictions of the barrier crimes.
D. If a criminal history record is requested,
				  it shall be the responsibility of the licensee to ensure that the employee has
				  not been convicted of any of the barrier crimes.
E. Criminal history record reports shall be
				  kept confidential. Reports on employees shall only be received by the facility
				  administrator, licensee, board president, or their designee.
F. A criminal history record report issued by
				  the State Police shall not be accepted by the facility if the report is dated
				  more than 90 days prior to the date of employment.
G. Any applicant denied licensure as an
				  assisted living facility or employment at an assisted living facility or adult
				  day center because of convictions appearing on the applicant's criminal history
				  record report shall be provided a copy of the report by the licensing authority
				  or the hiring facility.
H. A
				  facility shall not continue to employ any person who has a conviction of any of
				  the barrier crimes.
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part III - The Criminal History Record Report › Section 22VAC40-90-50 - Validity of criminal history record reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facility staff shall accept only the
				  original criminal history record report. Photocopies will not be acceptable.
EXCEPTION: Facilities using temporary agencies for the
					 provision of substitute staff shall request a letter from the agency containing
					 the following information:
1. The name
				  of the substitute staff person;
2.
				  The date of employment; and
3. A
				  statement verifying that the criminal history record report has been obtained
				  within 30 days of employment, is on file at the temporary agency, and does not
				  contain barrier crimes.
This letter shall have the same maintenance and retention
					 requirements of a criminal history record report.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part III - The Criminal History Record Report › Section 22VAC40-90-60 - Maintenance of criminal history record reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. The original report shall be maintained at
				  the facility where the person is employed.
B. Criminal history record reports conforming
				  to the requirements for all employed staff shall be maintained in the files of
				  the facility during the time the individual is employed and for one year after
				  termination of work.
EXCEPTION: See
					 22VAC40-90-50 D 1.
C. Criminal history record reports shall be
				  made available by the facility to the licensing representative.
D. When an employee is rotated among several
				  facilities owned or operated by the same entity, the original criminal history
				  record report shall be maintained at the primary place of work or designated
				  facility location. A copy of the criminal history record report shall be on
				  file at the facility where the employee is actively working which has a
				  notation of where the original report is filed.
E. Criminal history record reports shall be
				  maintained in locked files accessible only to the licensee, administrator,
				  board president, or their designee.
F. Further dissemination of the criminal
				  history record report information is prohibited other than to the
				  commissioner's representative or a federal or state authority or court as may
				  be required to comply with an express requirement of law for such further
				  dissemination.
Statutory Authority
§§ 63.2-1702, 63.2-1720 and 63.2-1721 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 90 - REGULATION FOR BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS › Part III - The Criminal History Record Report › Section 22VAC40-90-70 - Issuance of a license

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner shall not issue a license to an assisted
					 living facility if an applicant for licensure required to have a background
					 check has been convicted of a barrier crime as defined in this
					 chapter.
Statutory Authority: §§
												63.2-217,
						63.2-1702,
						63.2-1720, and
						63.2-1721 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part I - General › Section 22VAC40-100-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A child caring
				  institution, as provided for in subsection C of § 63.2-1737 of the Code of
				  Virginia, is any facility, other than an institution operated by the state, a
				  county, or a city, and maintained for the purpose of receiving children for
				  full-time care, maintenance, protection, and guidance separated from their
				  parents or guardians except:
1. A bona fide
				  educational institution or boarding school whose pupils, in the ordinary course
				  of events, return annually to the home of their parents or guardians for not
				  less than two months of summer vacation;
2. An establishment required to be licensed
				  as a summer camp; and
3. A bona
				  fide hospital legally maintained as such.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part I - General › Section 22VAC40-100-20 - Sponsorship

Current through Register Vol. 40, No. 24, July 15, 2024
A. Child caring
				  institutions may be sponsored by a single individual or by a
				  corporation.
B. Child caring
				  institutions sponsored by a corporation shall maintain their corporate status
				  in accordance with Virginia law.
C.
				  If a corporation is not organized and empowered solely for the purpose of
				  operating and maintaining a child caring institution, the charter of the
				  corporation shall provide for operation of such an institution in its statement
				  of purpose.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part I - General › Section 22VAC40-100-30 - Interdepartmental licensure

Current through Register Vol. 40, No. 24, July 15, 2024
Child caring institutions, group homes, and independent
					 foster homes licensed by other state departments under related licensing
					 statutes may be licensed hereunder without further investigation of compliance
					 with these standards if the commissioner had determined that the standards of
					 such department are in substantial conformity with those established
					 herein.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part I - General › Section 22VAC40-100-40 - Licensing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Types of
				  licenses:
1. An annual license is one which is
				  granted to a child caring institution whose program, facilities, and operations
				  meet substantially the minimum standards for a license;
2. A provisional license is one which may be
				  issued following the expiration of an annual license if the applicant is
				  temporarily unable to comply with all of the requirements and under the
				  condition that the requirements will be met within a specific length of time;
				  and
3. A conditional license is one
				  which may be issued to a new facility, at the discretion of the Commissioner,
				  to permit the applicant to demonstrate compliance with all requirements within
				  a specified period of time.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part II - Organization and Administration › Section 22VAC40-100-50 - Governing board

Current through Register Vol. 40, No. 24, July 15, 2024
Each child caring institution sponsored by a corporation
					 shall be governed and controlled by a governing board.
1. The governing board shall meet not less
				  than quarterly.
2. The governing
				  board shall be made up of no less than three members, a president,
				  secretary-treasurer, and a member-at-large with additional membership according
				  to size and function of the institution. It shall be large enough to be
				  representative of a variety of interests and experience and the geographical
				  area which it serves without being too large for smooth functioning.
3. The responsibility of the governing board
				  shall be as follows:
a. To establish policies
				  under which the institution is to operate;
b. To assure that the institution functions
				  according to its defined purpose and that the program is conducted in
				  conformity with official regulations and standards;
c. To maintain a budgeting and financing
				  system whereby sound financial structure is maintained.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part II - Organization and Administration › Section 22VAC40-100-60 - Finances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The institution
				  shall have a plan of financing which gives assurances of sufficient funds to
				  enable it to carry out its defined purposes and provide adequate care for
				  children. The initial application shall give evidence that there are sufficient
				  funds to assure the first year of operation.
B. The institution shall annually, together
				  with the application for license renewal, submit evidence of financial
				  responsibility which shall include an annual financial statement. Such
				  statement shall reflect the current fiscal condition of the institution and
				  shall include its working budget.
C. The institution shall have adequate
				  liability and fire insurance in force. A copy of the insurance policy shall be
				  made available to the Commissioner's representative upon request.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part II - Organization and Administration › Section 22VAC40-100-70 - Relationship to licensing authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. Child caring institutions shall submit to
				  the Department of Social Services such periodic and special reports as it may
				  require, including service, financial, personnel, statistical information, and
				  a periodic census of children under care. A schedule of fees shall be filed
				  with the State Department of Social Services.
B. The institution's records shall be made
				  available to the department representative upon request.
C. The governing board or an official
				  representative of the institution shall notify the department of any major
				  changes pending or occurring in the administration or in the administrative
				  personnel of the institution.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part III - Personnel or Staff › Section 22VAC40-100-80 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				  institution shall hire personnel whose health, education achievements,
				  emotional or psychological makeup impairs his ability to properly protect the
				  health and safety of the children or is such that it would endanger the
				  physical or psychological well-being of the children.
B. Each employee shall be qualified by age,
				  health, education, and training and experience for the position he is to fill
				  and shall have in addition qualities of character and temperament suitable for
				  working with children.
C. Health
				  information shall be maintained for the licensee or administrator for all staff
				  members who come in contact with children or handle food:
1. Initial tuberculosis examination and
				  report.
a. Within 30 days of employment or
				  contact with children, each staff member shall obtain an evaluation indicating
				  the absence of tuberculosis in a communicable form.
b. Each staff member shall submit a statement
				  that he/she is free of tuberculosis in a communicable form, including the type
				  or types of test or tests used and the result or results.
c. The statement shall be signed by a
				  licensed physician, the physician's designee, or an official of a local health
				  department.
d. This statement shall
				  be filed in the staff member's record.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part III - Personnel or Staff › Section 22VAC40-100-90 - Composition and qualifications of staff

Current through Register Vol. 40, No. 24, July 15, 2024
A. *Executive Director
1. Each institution shall have a competent
				  executive responsible for the administration of the institution's policies and
				  program. He shall designate a staff member to serve as his assistant, who shall
				  be capable of assuming the administrative affairs of the institution during
				  temporary absence of the administrator.
2. An administrator appointed after the
				  effective date of this chapter shall have:
a.
				  A master's degree from an accredited college or university in a profession
				  related to child care and development; or
b. He shall have received a bachelor's degree
				  from an accredited college and shall have had two years of successful work
				  experience with children in the field of institutional management, social work,
				  education, religious education or other allied profession.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part III - Personnel or Staff › Section 22VAC40-100-100 - Ratio of child care staff to children

Current through Register Vol. 40, No. 24, July 15, 2024
A. The staff-child ratio shall vary according
				  to the ages of the children and the kinds of problems they present.
B. In determining the ratio of staff to
				  children, the clerical workers, maintenance staff, and others who have no
				  direct responsibility for children, must not be included.
C. The ratio of full-time staff carrying
				  responsibility for the supervision of children shall be one adult for every 10
				  children over two years of age except where the needs of the children may
				  warrant a higher or lower ratio. A minimum of one staff shall be on duty at
				  night in each cottage or building where children sleep.
D. Except where necessary to prevent the
				  separation of a family, an institution serving older children will not offer
				  care to infants under two years of age. In instances where care is offered to
				  children under two years of age, the ratio shall be one adult for every three
				  infants.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part III - Personnel or Staff › Section 22VAC40-100-110 - Personnel policies

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  institution shall have a written statement of personnel policies approved by
				  the governing board of the agency outlining personnel practices as they affect
				  both employer and employee which shall be given to the employee at the time of
				  employment and shall include:
1. A description
				  of his position which defines the qualifications, duties, and responsibilities
				  of the position;
2.
				  Salary;
3. Provisions for paid
				  vacation, sick leave, and policy regarding national holidays observed in the
				  institution;
4. Provisions for
				  periodic evaluations of work performance;
5. A description of employment benefits,
				  including retirement plan, hospitalization and other insurance, room and board;
				  and
6. Resources for staff
				  development.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-120 - Location

Current through Register Vol. 40, No. 24, July 15, 2024
Child caring institutions and group homes shall be located
					 so that they are reasonably accessible to schools, transportation, hospitals,
					 clinics, psychiatric resources, churches, libraries, and recreational-cultural
					 facilities.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-130 - Buildings and building plans

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  All existing facilities and plans for the construction, conversion, and
				  modification of any facility shall be such as to reasonably protect the
				  children to be served in the facility and shall include consideration of the
				  following:
1. The number and age span of the
				  children;
2. The location and
				  housing of staff relative to the children;
3. The accessibility of other service
				  facilities or components;
4. The
				  mental or physical condition of the children to be served;
5. Compliance with all health and safety laws
				  and regulations; and
6. The
				  providing of an environment conducive to the proper development of the
				  child.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-140 - Buildings (physical facilities)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fire regulations.
1. State fire regulations: Buildings which
				  fall within the definition of a public building under Virginia Fire Safety
				  Regulations (13VAC5-40-10 et seq.) shall be approved by the State Fire
				  Marshal's office prior to the effective date of licensure. The building shall,
				  at all times, maintain the standards established under the Virginia State Fire
				  Safety Regulations (13VAC5-40-10 et seq.). Licensure is contingent upon
				  continued approval by the Office of the State Fire Marshal.
2. Local fire regulations: All buildings
				  shall be approved by local fire authorities where responsibility for such
				  approval is defined at the time of application and annually
				  thereafter.
3. Fire plan: A fire
				  plan shall be worked out for each home. Wherever possible, this plan should be
				  drawn up with the advice of the nearest local fire department or the local fire
				  prevention bureau. The administrator and all employees shall be fully informed
				  of the fire plan for the institution, including their duties, location and
				  operation of fire extinguishers, fire alarm boxes, and telephone procedure in
				  calling the fire department.
4.
				  Fire drills: Drills for evacuation in case of fire shall be held not less than
				  quarterly.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-150 - Staff quarters

Current through Register Vol. 40, No. 24, July 15, 2024
For facilities initially licensed after January, 1973,
					 each living unit shall have at least one room with beds and private bath
					 reserved for use of staff when on duty and sleeping in. If full-time staff
					 reside in the children's living unit, they must be provided with a living room,
					 bedroom, and bath.
EXCEPTION: When there are no more than four persons,
					 including staff and family of staff, residing in or on duty in the living unit,
					 or both, a private living room and a private bath are not required for
					 staff.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-160 - Equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A. All furnishings
				  shall be attractive, safe, easy to clean, and suited to the ages and number of
				  children in care.
B. There shall be
				  at least one private telephone line into each child caring institution and a
				  telephone shall be located in every children's living unit. There shall be
				  someone available to answer the phone at all times.
C. All playground equipment shall be safe,
				  clean, and durable and selected for suitability to the age and stage of
				  development of the children under care.
D. Swimming pools shall be enclosed with
				  safety fences and shall conform to local health and safety
				  regulations.
E. The institution
				  shall provide vehicles for the transportation of children and staff in their
				  work with the children. Such vehicles shall include all safety devices required
				  by law.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part IV - Buildings, Grounds, and Equipment › Section 22VAC40-100-170 - Grounds and outdoor recreation space

Current through Register Vol. 40, No. 24, July 15, 2024
The grounds shall be spacious enough to accommodate a
					 variety of play areas that take into consideration age and interest levels of
					 the children. Community recreational resources, if suitable, shall be utilized
					 as much as possible. Grounds shall be suitably landscaped.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-180 - Request for service (intake) and alternative planning (discharge) of children

Current through Register Vol. 40, No. 24, July 15, 2024
Policies regarding the above shall be defined and
					 periodically reviewed and changed as needs and conditions dictate.
1. No child shall be accepted for care until
				  it is clearly established that he needs care apart from his family and is in
				  need of the particular kind of care which the institution has to offer. This
				  must be determined through mutual exploration involving all parties concerned
				  with the child's welfare.
2.
				  Acceptance for care shall be based upon:
a.
				  Social data;
Full name of child;
Date and place of birth;
Sex of child;
Name and addresses of parents and their marital
					 status;
Names, ages, and sex of siblings with addresses when
					 possible;
Religion of parents;
Racial and national background; and
Custody status;
b. Medical history and current medical
				  condition;
c. The child's
				  approximate mental level, as determined by the grade ratio or a statement of a
				  physician or psychologist or both;
d. Significant information to show why the
				  child requires care apart from his family must be established.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-190 - Placement of children outside the institution

Current through Register Vol. 40, No. 24, July 15, 2024
A. No institution may make placements of a
				  child away from the institution except for medical or surgical care, attendance
				  at an accredited public or private school, or vacations without first having
				  obtained a Child Placing Agency license.
B. Such placements shall not be made without
				  the knowledge and consent of the individual or individuals or agency legally
				  responsible for the child.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-200 - Health

Current through Register Vol. 40, No. 24, July 15, 2024
A. Timing and
				  frequency of physical examinations
1. Each
				  child accepted for care shall have a physical examination by or under the
				  direction of a licensed physician no earlier than 90 days prior to placement in
				  the facility.
EXCEPTIONS:
a. If
				  a child transfers from one residential facility licensed or certified by a
				  state agency to another, the report of an examination within the preceding 12
				  months shall be acceptable.
b. If a
				  child is admitted on an emergency basis and a report of physical examination is
				  unavailable, a physical examination shall be conducted within 30 days after
				  placement. (See
				  22VAC40-100-180 8.)
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-210 - Education

Current through Register Vol. 40, No. 24, July 15, 2024
A. The institution
				  shall arrange for the education of each child in care. The education shall be
				  in compliance with state or local laws, or both, pertaining to compulsory
				  school attendance.
B. Where
				  academic educational facilities are operated by the institution, the following
				  requirements must be met:
1. If teachers are
				  employed by the institution, they must hold a Virginia Teacher's Certificate
				  and must be eligible for employment in the public school system and shall be
				  required to teach only those areas and subjects for which they are
				  certified;
2. Teachers shall be
				  chosen on the basis of their qualifications and their ability to work with
				  children, and shall have the ability to work cooperatively with other
				  institutional staff in meeting the needs of the children served.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-220 - Religious training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  institution shall be responsible for providing religious education and
				  experience. Children shall be taught to respect the practices of different
				  faiths and to accept the right to different forms of worship.
B. Each institution shall have clearly
				  defined policies regarding religious training for the information of those
				  considering the placement of children in the institution.
C. Children shall be encouraged to
				  participate in religious activities, but shall not be coerced.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 100 - MINIMUM STANDARDS FOR LICENSED CHILD CARING INSTITUTIONS › Part V - Programs and Services › Section 22VAC40-100-230 - Recreation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each institution
				  shall provide individual and group recreational opportunities appropriate to
				  the age, interests, and needs of each child. Individual initiative and
				  creativity shall be encouraged.
B.
				  Competent adult direction and supervision of the recreational program shall be
				  provided both indoors and outdoors. This shall include use of any open body of
				  water.
C. The recreational program
				  of the institution shall include maximum use of available community
				  recreational resources and facilities.
D. The institution shall provide suitable
				  space and appropriate equipment for both indoor and outdoor
				  recreation.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of
						Virginia.