reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-30 - Safety assessment

Current through Register Vol. 40, No. 24, July 15, 2024
If the valid complaint information received is such that
						the local department is concerned for the child's immediate safety, contact
						must be initiated with the facility administrator immediately to ensure the
						child's safety. If, in the judgment of the child protective services/CPS
						worker, the situation is such that the child or children should be immediately
						removed from the facility, the parent or parents, guardian or agency holding
						custody shall be notified immediately to mutually develop a safety plan which
						addresses the child's or children's immediate safety needs.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-40 - Involvement of regulatory agencies

Current through Register Vol. 40, No. 24, July 15, 2024
The authority of the local department to investigate
						valid complaints of alleged child abuse or neglect in facilities or foster
						homes overlaps with the authority of the public agencies that have regulatory
						responsibilities for these facilities to investigate alleged violations of
						standards.
1. For valid complaints ,
					 the local department shall contact the appropriate regulatory authority and
					 share the complaint information. The regulatory authority will appoint a staff
					 person to participate in the investigation to determine if there are regulatory
					 concerns.
2. The assigned child
					 protective services (CPS) worker and the appointed regulatory staff person will
					 discuss their preliminary joint investigation plan.
a. The CPS worker and the regulatory staff
					 person shall review their respective needs for information and plan the
					 investigation based on when these needs coincide and can be met with joint
					 interviews or with information sharing.
b. The investigation plan must keep in focus
					 the requirements to be met by the CPS worker and regulatory authority as well
					 as the impact the investigation will have on the facility's staff, the victim
					 child , and the other children at the facility.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-50 - Involvement of other parties

Current through Register Vol. 40, No. 24, July 15, 2024
A. In a
					 facility for which there is not a state regulatory authority, such as in
					 schools, the CPS worker shall ask the facility administrator or school
					 superintendent to designate a person to participate in the joint investigative
					 process.
B. When CPS and law
					 enforcement will be conducting a joint investigation, the CPS worker shall
					 attempt to facilitate a coordinated approach among CPS, law enforcement and the
					 regulatory authority or facility designee.
Statutory Authority
§§ 63.2-217, 63.2-1502 and 63.2-1503 of the
						  Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-60 - Contact with CPS regional coordinator

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 local department shall contact the department's regional CPS coordinator as
					 soon as is practical after the receipt of the valid complaint. The regional
					 coordinator will review the procedures to be used in investigating the valid
					 complaint and provide any case planning assistance the local worker may
					 need.
B. The regional coordinator
					 shall be responsible for monitoring the investigative process and shall be kept
					 informed of developments which substantially change the original case
					 plan.
C. At the conclusion of the
					 investigation the local department shall contact the department's regional CPS
					 coordinator to review the case prior to notifying anyone of the disposition.
					 The regional coordinator shall review the facts gathered and policy
					 requirements for determining whether or not abuse or neglect occurred. However,
					 the statutory authority for the disposition rests with the local department.
					 This review shall not interfere with the requirement to complete the
					 investigation in the legislatively mandated time frame.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-70 - Contact with the facility administrator

Current through Register Vol. 40, No. 24, July 15, 2024
A. The child protective services (CPS) worker
					 shall initiate contact with the facility administrator or designee at the onset
					 of the investigation.
B. The CPS
					 worker shall inform the facility administrator or designee of the details of
					 the valid complaint. When the administrator or designee chooses to participate
					 in the joint investigation, he will be invited to participate in developing the
					 plan for investigation, including decisions about who is to be present in
					 interviews. If the administrator or designee is the alleged abuser or
					 neglector, this contact should be initiated with the individual's superior,
					 which may be the board of directors, or if there is no superior, the CPS worker
					 may use discretion in sharing information with the administrator so long as
					 such disclosure is consistent with and does not conflict with law or
					 regulation.
C. Arrangements are to
					 be made for:
1. Necessary
					 interviews;
2. Observations
					 including the physical plant; and
3. Access to information, including review of
					 pertinent policies and procedures.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-80 - Contact with the alleged victim child

Current through Register Vol. 40, No. 24, July 15, 2024
The CPS worker shall interview the alleged victim child
						and shall determine along with a regulatory staff person or facility
						administrator or designee who may be present in the interview. Where there is
						an apparent conflict of interest, the local department shall use discretion
						regarding who is to be included in the interview.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-90 - Contact with the alleged abuser or neglector

Current through Register Vol. 40, No. 24, July 15, 2024
A. The CPS
					 worker shall interview the alleged abuser or neglector according to a plan
					 developed with the regulatory staff person, facility administrator, or
					 designee. Where there is an apparent conflict of interest, the local department
					 shall use discretion regarding who is to be included in the interview. At the
					 onset of the initial interview with the alleged abuser or neglector, the CPS
					 worker shall notify him in writing of the general nature of the valid complaint
					 and the identity of the alleged victim child to avoid any confusion regarding
					 the purpose of the contacts.
B. The
					 alleged abuser or neglector has the right to involve a representative of his
					 choice to be present during his interviews.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-100 - Contact with collateral children

Current through Register Vol. 40, No. 24, July 15, 2024
The CPS worker shall interview nonvictim children as
						collaterals if it is determined that they may have information which would help
						in determining the finding in the valid complaint. Such contact should be made
						with prior consent of the nonvictim child's parent, guardian or agency holding
						custody. If the situation warrants contact with the nonvictim child prior to
						such consent being obtained, the parent, guardian or agency holding custody
						should be informed as soon as possible after the interview takes place.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-110 - Report the findings

Current through Register Vol. 40, No. 24, July 15, 2024
Written notification of the findings shall be submitted
						to the facility administrator or designee and the regulatory staff person
						involved in the investigation, if applicable, at the same time the alleged
						abuser or neglector is notified.
If the facility administrator is the abuser or neglector,
						written notification of the findings shall be submitted to his superior if
						applicable.
Statutory Authority: § 63.2-217 of the Code of
						  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 1 - Out of Family Investigation Policy › Section 22VAC40-730-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
													63.2-217
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Part II - Policy › Article 2 - Local Staff Qualifications in Out of Family Investigations › Section 22VAC40-730-130 - Requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to be
					 determined qualified to conduct investigations in out of family settings, local
					 child protective services (CPS) workers shall meet minimum education standards
					 established by the department including completion of an out of family training
					 course as approved by the department.
B. The department and each local department
					 shall maintain a roster of personnel determined qualified to conduct these out
					 of family investigations.
Statutory Authority: §
													63.2-217
						  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 730 - INVESTIGATION OF CHILD ABUSE AND NEGLECT IN OUT OF FAMILY COMPLAINTS › Section 22VAC40-730-140 - Protocol for out of family investigations

Current through Register Vol. 40, No. 24, July 15, 2024
For out of family investigations, the following shall be
				  completed, which are consistent with 22VAC40-705:
1. The local department shall conduct a
				face-to-face interview with the alleged abuser or neglector.
2. At the onset of the initial interview with
				the alleged abuser or neglector, the local department shall notify him in
				writing of the general nature of the valid complaint and the identity of the
				alleged child victim regarding the purpose of the contacts.
3. The written notification shall include the
				information that the alleged abuser or neglector has the right to have an
				attorney or other representative of his choice present during his
				interviews.
4. If the alleged
				abuser or neglector has been arrested, statements, or any evidence derived
				therefrom, made to local department child protective services personnel, or to
				any person performing the duties of such personnel, by any person accused of
				the abuse, injury, neglect, or death of a child after the arrest of such person
				shall not be used in evidence in the case-in-chief against such person in the
				criminal proceeding on the question of guilt or innocence over the objection of
				the accused, unless the statement was made after such person was fully advised
				(i) of his right to remain silent; (ii) that anything he says may be used
				against him in a court of law; (iii) that he has a right to the presence of an
				attorney during any interviews; and (iv) that if he cannot afford an attorney,
				one will be appointed for him prior to any questioning.
5. The written notification of the findings
				shall inform the alleged abuser or neglector of his right to appeal.
6. The written notification of the findings
				shall inform the alleged abuser or neglector of his right to review information
				about himself in the record with the following exceptions:
a. The identity of the person making the
				report.
b. Information provided by
				any law-enforcement official.
c.
				Information that may endanger the well-being of the child.
d. The identity of a witness or any other
				person if such release may endanger the life or safety of such witness or
				person.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-15 - Mandated reporters

Current through Register Vol. 40, No. 24, July 15, 2024
Reports shall be made forthwith by the following persons
				  acting in their professional capacity upon their suspicion that adult abuse,
				  neglect or exploitation has occurred:
1. Any person licensed, certified, or
				registered by health regulatory boards listed in § 54.1-2503 of the Code
				of Virginia, with the exception of persons licensed by the Board of Veterinary
				Medicine;
2. Any mental health
				services provider as defined in § 54.1-2400.1 of the Code of
				Virginia;
3. Any emergency medical
				services personnel certified by the Board of Health pursuant to §
				32.1-111.5 of the Code of Virginia, unless such personnel immediately reports
				the suspected abuse, neglect, or exploitation directly to the attending
				physician at the hospital to which the adult is transported, who shall make
				such report forthwith;
4. Any
				guardian or conservator of an adult;
5. Any person employed by or contracted with
				a public or private agency or facility and working with adults in an
				administrative, supportive or direct care capacity;
6. Any person providing full, intermittent or
				occasional care to an adult for compensation including, but not limited to,
				companion, chore, homemaker, and personal care workers;
7. Any law-enforcement officer; and
8. Medical facilities inspectors of the
				Department of Health. However, medical facilities inspectors are exempt from
				reporting suspected abuse immediately while conducting federal inspection
				surveys in accordance with Title XVIII (§ 1846) and Title XIX of the
				Social Security Act, as amended, of certified nursing facilities as defined in
				§ 32.1-123 of the Code of Virginia. Findings of adult abuse, neglect or
				exploitation by a medical facilities inspector shall be made known to adult
				protective services after the exit conference at the facility so that the local
				department can provide follow up to facility residents who may be at risk of
				further abuse, neglect or exploitation.
Statutory Authority
§ 63.2-217 and Article 2 (§ 63.2-1603 et seq.) of
					 Chapter 16 of Title 63.2 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-21 - The adult protective services investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section establishes the process for
				the adult protective services investigation and provides priority to situations
				that are most critical.
B. The
				validity of the report shall be determined. Investigations shall be initiated
				by the local department not later than 24 hours from the time a valid report
				was received in the local department.
1. To
				initiate the investigation, the social worker must gather enough information
				concerning the report to determine (i) if the report is valid and (ii) if an
				immediate response is needed to ensure the safety of the alleged victim.
				Pertinent information may be obtained from the report, case record reviews,
				contact with the alleged victim, the reporter, friends and neighbors and
				service providers.
2. When
				determining the need for an immediate response, the social worker shall
				consider the following factors:
a. The
				imminent danger to the adult or to others;
b. The severity of the alleged abuse, neglect
				or exploitation;
c. The
				circumstances surrounding the alleged abuse, neglect or exploitation;
				and
d. The physical and mental
				condition of the adult.
3. A face-to-face contact with the alleged
				victim shall be made as soon as possible but not later than five calendar days
				after the initiation of the investigation unless there are valid reasons that
				the contact could not be made. Those reasons shall be documented in the Adult
				Protective Services Assessment Narrative as described in
				22VAC40-740-40. The timing of the
				interview with the alleged victim should occur in a reasonable amount of time
				pursuant to circumstances in subdivision 2 of this subsection.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-31 - Application for the provision of services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local departments are authorized to
				receive and investigate reports of suspected adult abuse, neglect and
				exploitation pursuant to Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of
				Title 63.2 of the Code of Virginia.
B. Upon completion of the investigation and
				the determination that the adult is in need of protective services, the adult
				protective services worker must obtain an application signed by the adult in
				need of services or his representative prior to service provision.
C. The application process is designed to
				assure the prompt provision of needed adult protective services including
				services to adults who are not able to complete and sign a service
				application.
D. Persons who may
				complete and sign an application for adult protective services on behalf of an
				adult who needs the service include:
1. The
				adult who will receive the services or the adult's legally appointed guardian
				or conservator;
2. Someone
				authorized by the adult; or
3. The
				local department.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-40 - Assessment narrative and disposition

Current through Register Vol. 40, No. 24, July 15, 2024
A. An assessment narrative shall be required
				for all adult protective services investigations and shall be titled "Adult
				Protective Services Assessment Narrative." The narrative must address, but is
				not limited to, the following:
1. Allegations
				in the report or circumstances discovered during the investigation that meet
				the definitions of abuse, neglect or exploitation.
2. The extent to which the adult is
				physically, emotionally and mentally capable of making and carrying out
				decisions concerning his health and well-being.
3. The risk of serious harm to the
				adult.
4. The need for an immediate
				response by the adult protective services worker upon receipt of a valid
				report.
5. The ability to conduct a
				private interview with the alleged victim, the alleged perpetrator (if known)
				and any collateral contacts having knowledge of the case.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-50 - Disclosure of adult protective services information

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter describes the protection of
				confidential information including a description of when such information must
				be disclosed, when such disclosure of the information is at the discretion of
				the local department, what information may be disclosed, and the procedure for
				disclosing the information.
B.
				Department staff having legitimate interest shall have regular access to adult
				protective services records maintained by the local department.
C. The following agencies have licensing,
				regulatory and legal authority for administrative action or criminal
				investigations, and they have a legitimate interest in confidential information
				when such information is relevant and reasonably necessary for the fulfillment
				of their licensing, regulatory and legal responsibilities:
1. Department of Behavioral Health and
				Developmental Services;
2. Virginia
				Office for Protection and Advocacy;
3. Office of the Attorney General, including
				the Medicaid Fraud Control Program;
4. Department for Aging and Rehabilitative
				Services;
5. Department of Health,
				including the Center for Quality Health Care Services and Consumer Protection
				and the Office of the Chief Medical Examiner;
6. Department of Medical Assistance
				Services;
7. Department of Health
				Professions;
8. Department for the
				Blind and Vision Impaired;
9.
				Department of Social Services, including the Division of Licensing
				Programs;
10. The Office of the
				State Long-Term Care Ombudsman and local ombudsman;
11. Law-enforcement agencies;
12. Medical examiners;
13. Adult fatality review teams;
14. Prosecutors; and
15. Any other entity deemed appropriate by
				the commissioner or local department director that demonstrates a legitimate
				interest.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-60 - Opening a case for service provision

Current through Register Vol. 40, No. 24, July 15, 2024
A. A range of services must be made available
				to any abused, neglected and exploited adult or to adults at risk of abuse,
				neglect or exploitation to protect the adult and to prevent any future abuse,
				neglect or exploitation.
1. Opening a case to
				adult protective services. Once a disposition of the report and an assessment
				of the adult's needs and strengths have been made, the department shall assess
				the adult's service needs. A case shall be opened for adult protective services
				when:
a. The service needs are
				identified;
b. The disposition is
				that the adult needs protective services; and
c. The adult agrees to accept protective
				services or protective services are ordered by the court.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-70 - Civil penalty for nonreporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may impose civil penalties
				when it is determined that a mandated reporter failed to report suspected adult
				abuse, neglect or exploitation pursuant to § 63.2-1606 of the Code of
				Virginia.
B. Civil penalties for
				all mandated reporters except law-enforcement officers shall be imposed as
				described in
				22VAC40-740-80.
Statutory Authority
§ 63.2-217 and Article 2 (§ 63.2-1603 et seq.)
					 of Chapter 16 of Title 63.2 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 740 - ADULT PROTECTIVE SERVICES › Section 22VAC40-740-80 - Imposition of civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Local department review and recommendation.
1.
				Based on a decision by the local department director or his designee that a
				mandated reporter failed to report as required by § 63.2-1606 of the Code
				of Virginia, the local director shall prepare a written statement of fact
				concerning the mandated reporter's failure to report and submit the statement
				of fact to the commissioner.
2. The
				local director or his designee shall notify the mandated reporter in writing
				within 15 calendar days from the date of the determination of the intent to
				recommend that a civil penalty be imposed. The notification will include a copy
				of the local director's statement of fact concerning the mandated reporter's
				failure to report. The notification shall state the mandated reporter's right
				to submit a written statement to the commissioner concerning the mandated
				reporter's failure to report. The date of the notification is the postage
				date.
3. The mandated reporter's
				statement concerning his failure to report must be received by the commissioner
				within 45 days from the date of the local director's notification of intent to
				recommend the imposition of a civil penalty. A mandated reporter's statement
				received after the 45 days shall not be considered by the
				commissioner.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-40 - Discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. Discharge is the
				  process that ends the stay in an assisted living facility. Staff of the
				  assisted living facility must plan for post-discharge services when the public
				  pay resident is returned to a home-based placement, a nursing facility, or
				  other placement. Assisted living facility staff shall notify in writing the
				  local department of social services financial eligibility worker in the
				  jurisdiction responsible for authorizing the auxiliary grant and the public
				  human services agency assessor of the date and place of discharge as well as
				  when a resident dies. The assisted living facility must make these
				  notifications 14 days prior to the resident's planned discharge or within five
				  days after the death of the resident. In the event of an emergency discharge as
				  defined by 22VAC40-71-160, the notification shall be made as rapidly as
				  possible, but must be made by close of business on the day following the
				  emergency discharge.
B. Upon
				  issuing a notice of summary order of suspension to an assisted living facility,
				  the Commissioner of the Virginia Department of Social Services or his designee
				  shall contact the appropriate local department of social services to develop a
				  relocation plan. The residents of an assisted living facility whose license has
				  been summarily suspended pursuant to § 63.2-1709 of the Code of Virginia
				  shall be relocated as soon as possible to reduce the risk of jeopardizing the
				  health, safety, and welfare of residents. An assessment of the relocated
				  resident is not required, pursuant to
				  22VAC40-745-30 C 3.
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-50 - Authorization of services to be provided

Current through Register Vol. 40, No. 24, July 15, 2024
A. The assessor is responsible for
				  authorizing the individual for the appropriate level of care for admission to
				  and continued stay in an assisted living facility.
B. The assisted living facility must be
				  knowledgeable of the criteria for level of care in an assisted living facility
				  and is responsible for discharge of the resident whenever a resident does not
				  meet the criteria for level of care in an assisted living facility upon
				  admission or at any later time.
C.
				  The appropriate level of care must be documented on the uniform assessment
				  instrument, completed in a manner consistent with the definitions of activities
				  of daily living and directions provided in the User's Manual: Virginia Uniform
				  Assessment Instrument.
D. During an
				  inspection or review, staff from either the department, DMAS, or the local
				  department of social services may initiate a change in level of care for any
				  assisted living facility resident for whom it is determined that the resident's
				  uniform assessment instrument is not reflective of the resident's current
				  status.
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-60 - Criteria for residential living care

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals meet the criteria for residential living as
					 documented on the uniform assessment instrument when at least one of the
					 following describes their functional capacity:
1. Rated dependent in only one of seven ADLs
				  (i.e., bathing, dressing, toileting, transferring, bowel function, bladder
				  function, and eating/feeding).
2.
				  Rated dependent in one or more of four selected IADLs (i.e., meal preparation,
				  housekeeping, laundry, and money management).
3. Rated dependent in medication
				  administration.
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-70 - Criteria for assisted living care

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals meet the criteria for assisted living as
					 documented on the uniform assessment instrument when at least one of the
					 following describes their capacity:
1.
				  Rated dependent in two or more of seven ADLs.
2. Rated dependent in behavior pattern (i.e.,
				  abusive, aggressive, and disruptive).
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-80 - Rating of levels of care on the uniform assessment instrument

Current through Register Vol. 40, No. 24, July 15, 2024
A. The rating of
				  functional dependencies on the uniform assessment instrument must be based on
				  the individual's ability to function in a community environment.
B. The following abbreviations shall mean: D
				  = dependent; and TD = totally dependent. Mechanical help means equipment or a
				  device or both are used; human help includes supervision and physical
				  assistance. Asterisks (*) denote dependence in a particular function.
1. Activities of daily living.
a. Bathing.
(1) Without help
(2) Mechanical help only
(3) Human help only* (D)
(4) Mechanical help and human help*
				  (D)
(5) Is performed by others*
				  (TD)
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-90 - Actions to be taken upon completion of the uniform assessment instrument

Current through Register Vol. 40, No. 24, July 15, 2024
A. Public
				  pay individuals.
1. Upon completion of the
				  uniform assessment instrument for admission, a significant change in the
				  resident's condition, or the annual reassessment, the case manager or a
				  qualified assessor shall forward to the local department of social services
				  financial eligibility worker in the appropriate agency of jurisdiction, in the
				  format specified by the department, the effective date of admission or change
				  in level of care. Qualified assessors who may perform the annual reassessment
				  or a change in level of care for public pay individuals are employees of (i)
				  local departments of social services; (ii) area agencies on aging; (iii)
				  centers for independent living; (iv) community services boards; and (v) local
				  departments of health, or an independent physician to complete the uniform
				  assessment instrument.
2. The
				  completed uniform assessment instrument, the referral to the financial
				  eligibility worker, and other relevant data shall be maintained in the assisted
				  living facility resident's record.
3. The annual reassessment shall be completed
				  by the qualified assessor conducting the initial assessment. If the original
				  assessor is neither willing nor able to complete the assessment and another
				  assessor is not available, the local department of social services where the
				  resident resides following placement in an assisted living facility shall be
				  the assessor.
4. Clients of a
				  community services board shall be assessed and reassessed by qualified
				  assessors employed by the community services board.
5. The facility shall provide to the
				  community services board or behavioral health authority notification of uniform
				  assessment instruments that indicate observed behaviors or patterns of behavior
				  indicative of mental illness, intellectual disability, substance abuse, or
				  behavioral disorders, pursuant to § 63.2-1805B of the Code of
				  Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC40-745-100 - Targeted case management for auxiliary grant recipients

Current through Register Vol. 40, No. 24, July 15, 2024
A. Targeted case management shall be limited
				  to those residents who have multiple needs across multiple providers and this
				  coordination is beyond the scope of the assisted living facility. It shall be
				  the responsibility of the assessor who identifies the individual's need for
				  residential care or assisted living care in an assisted living facility to
				  assess the need for targeted case management services as defined in Part IV
				  (12VAC30-50-410 et seq.) of
				  12VAC30-50.
B. A case management
				  agency must have signed an agreement with DMAS to be reimbursed for the
				  provision of targeted case management services to auxiliary grant
				  recipients.
C. The local department
				  of social services where the adult resides, following placement in an assisted
				  living facility, shall be the case management agency when there is no other
				  qualified case management provider willing or able to provide case management
				  services.
D. A qualified case
				  manager must possess a combination of relevant work experience in human
				  services or health care and relevant education which indicates that the
				  individual possesses the knowledge, skills, and abilities at entry level as
				  defined in Part IV (12VAC30-50-410 et seq.) of
				  12VAC30-50. This must be documented on the case manager's job application form
				  or supporting documentation or observable in the job or promotion interview.
				  When the provider agency is a local department of social services, case
				  managers shall meet the qualifications for social work/social work supervisor
				  classification as specified in 22VAC40-670.
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 745 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part III - Resident Appeals › Section 22VAC40-745-110 - Resident appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Assessors shall advise orally and in writing all applicants
					 to and residents of assisted living facilities for which assessment or targeted
					 case management services or both are provided of the right to appeal the
					 outcome of the assessment, the annual reassessment, or determination of level
					 of care. Applicants for auxiliary grants who are denied an auxiliary grant
					 because the assessor determines that they do not require the minimum level of
					 services offered in the residential care level have the right to file an appeal
					 with the department of under § 63.2-517 of the Code of Virginia. A
					 determination that the individual does not meet the criteria to receive
					 assisted living is an action which is appealable to DMAS.
Statutory Authority
§§ 63.2-217 and 63.2-1732 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-20 - Local department-approved providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. This regulation applies to providers
				approved by a local department and does not apply to facilities or
				organizations licensed by a licensing or regulatory agency. A local department
				shall not approve a provider that does not meet the standards set out in this
				regulation.
B. This regulation is
				applicable to the following providers:
1.
				Out-of-home providers including:
a. Adult day
				services providers;
b. Adult foster
				care providers;
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-30 - Standards for providers and other persons

Current through Register Vol. 40, No. 24, July 15, 2024
A. Age requirements include:
1. All local department-approved adult
				services homemaker providers shall be at least 18 years of age.
2. All local department-approved adult
				services chore and companion providers shall be at least 16 years of age. If
				the local department chooses to approve a chore or companion provider who is at
				least 16 years of age but less than 18 years of age, the local department must
				determine that the provider is competent and able to provide the
				service.
3. Any assistant to a
				local department-approved in-home provider for adult services shall be at least
				16 years of age.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-40 - Standards for care for adult services providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall provide care that does
				not discriminate on the basis of race, ethnicity, sex, national origin, age,
				religion, disability or impairment.
B. Supervision requirements include:
1. The provider shall have a plan for seeking
				assistance from police, firefighters, and medical professionals in an
				emergency.
2. A responsible adult
				or an approved assistant shall always be available to provide appropriate care
				for the adult in case of an emergency.
3. If extended absence of the provider is
				required, the local department shall approve any substitute arrangements the
				provider wishes to make. An extended absence shall be defined as greater than
				one day.
4. The provider shall
				ensure that adequate care and supervision are provided to adults in care and
				that the adult's health, safety, and well-being are protected.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-50 - Standards for the home of the adult foster care or adult day services provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. Physical
				accommodations requirements include:
1. The
				home shall have appropriate space and furnishings for each adult receiving care
				in the home to include:
a. Space to keep
				clothing and other personal belongings;
b. Accessible and adequate basin and toilet
				facilities;
c. Comfortable sleeping
				or napping furnishings;
d. For
				adults unable to use stairs unassisted, sleeping space on the first floor of
				the home;
e. Adequate space for
				recreational activities; and
f.
				Sufficient space and equipment for food preparation, service, and proper
				storage.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-60 - Record requirements for adult foster care and adult day services providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				provider shall maintain written legible information on each adult in
				care.
B. Information on the adult
				in care shall include:
1. Identifying
				information on the adult in care;
2. Name, address, and home and work telephone
				numbers of responsible persons;
3.
				Name and telephone number of person to be called in an emergency when the
				responsible person cannot be reached;
4. Name, address, and home and work telephone
				numbers of persons authorized to pick up the adult in care;
5. Name of persons not authorized to call or
				visit the adult in care;
6. Date of
				admission and discharge of the adult in care;
7. Daily attendance records, where
				applicable. Daily attendance records are required for adult day
				services;
8. Medical information
				pertinent to the health care of the adult in care;
9. Correspondence related to the adult in
				care as well as other written adult information provided by the local
				department; and
10. Placement
				agreement between the provider and the adult and his responsible person, where
				applicable.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-70 - Approval period

Current through Register Vol. 40, No. 24, July 15, 2024
The approval period for a provider may be up to 24 months
				  when the provider meets the standards. In the case of adult day services and
				  adult foster care, the home shall also meet the standards.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and
					 63.2-1601.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-80 - Allowable variance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				provider may request an allowable variance on a standard if the variance does
				not jeopardize the safety and proper care of the adult or violate federal,
				state, or local law and the local department approves the request.
B. The local department shall consult with
				the state adult services consultant prior to granting an allowable
				variance.
C. The allowable variance
				shall be in writing with a copy maintained by the local department and the
				provider.
D. The local department
				and the provider shall develop a plan to meet the applicable standard for which
				the allowable variance has been granted.
E. The allowable variance shall be requested
				and granted by the local department prior to the approval of the provider or at
				the time of the provider's renewal.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and
					 63.2-1601.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-90 - Emergency approval

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Emergency approval of a provider may be granted under the following conditions:
1. The court orders emergency placement;
				or
2. The adult or his responsible
				person requests placement or service in an emergency.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-100 - Provider monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				adult day services or adult foster care providers, the local department
				representative shall visit the home of the provider as often as necessary, but
				at least semi-annually to monitor the performance of the provider.
B. For home-based care providers, the local
				department representative shall interview the provider face-to-face as often as
				necessary, but at least semi-annually, to monitor the performance of the
				provider.
C. Provider monitoring
				shall include interviews with adults receiving care from the
				provider.
D. The adult in care or
				his responsible person shall have access to all provider monitoring reports
				completed by the local department upon request.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and
					 63.2-1601.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-110 - Renewal process

Current through Register Vol. 40, No. 24, July 15, 2024
The local department shall reapprove the provider prior to
				  the end of the approval period if the provider continues to meet the standards.
				  In the case of adult day services or adult foster care providers, the home also
				  shall continue to meet the standards.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and
					 63.2-1601.1 of the Code of
					 Virginia.