reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-120 - Inability to meet standards

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				If the provider cannot meet the standards for adult services approved
				providers, the local department shall grant provisional approval, suspend
				approval, or revoke approval depending on the duration and nature of
				noncompliance.
B. The local
				department may grant provisional approval if noncompliance does not jeopardize
				the safety or proper care of the adults in care. Provisional approval shall not
				exceed three months.
C. The local
				department may suspend approval if noncompliance may jeopardize the safety and
				proper care of the adults in care. Suspension shall not exceed three months.
				During the suspension, the provider can give no care to adults referred by the
				local department.
D. If the
				provider is found to be out of compliance with the standards set forth herein
				and cannot meet standards within three months and a variance is not granted,
				the approval shall be revoked.
E.
				The local department shall immediately revoke its approval if noncompliance
				jeopardizes the health, safety and proper care of the adults in care. Adults in
				adult foster care and adult day services shall be removed within five calendar
				days from the date of the decision.
F. The decision to grant provisional
				approval, suspend approval or revoke approval shall be in writing with the
				effective date of the decision noted.
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 22VAC40-771-130 - Relocation of out-of-home provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the out-of-home provider moves, the
				local department approving the provider shall determine continued compliance
				with standards related to the home as soon as possible, but no later than 30
				days after relocation to avoid disruption of services to the adult in
				care.
B. If an out-of-home provider
				moves outside of the locality that approved the provider, the local department
				in the new place of residence may accept the provider approval of the initial
				local department based upon the recommendation of the initial local department
				or may initiate the approval process itself.
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 22VAC40-771-140 - Right to review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				provider shall have the right to request that the decision of the local
				department be reviewed by the local director of social services.
B. The provider must request the review
				within 10 calendar days from the effective date of the notice of
				action.
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 22VAC40-771-160 - Responsibilities of adults in adult foster care or adult day services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Adults in care
				shall follow the rules of the provider unless these rules are in violation of
				adults' rights.
B. Adults in care,
				or the local department when appropriate, shall give a two-week written notice
				of intent to leave the placement.
C. Adults in care shall notify providers if
				there are changes in the adult's health status.
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 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Direct services" means services provided to clients directly
				  by the local social services staff.
"Eligibility determination" means the process of deciding
				  whether an individual or family meets the criteria for receiving a
				  service.
"Purchased services" means services provided by a paid
				  resource other than local social services staff.
"Universal access" means the provision of services without
				  regard to income or membership in an income maintenance
				  group.
Statutory Authority
§§ 63.2-217 and 63.2-614 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-20 - Eligibility categories

Current through Register Vol. 40, No. 24, July 15, 2024
To receive services an individual or family must be found
				  eligible in one of three categories. They are: income maintenance, eligibility
				  based on income, or universal access.
Statutory Authority
§§ 63.2-217 and 63.2-614 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-30 - Eligibility determination

Current through Register Vol. 40, No. 24, July 15, 2024
Eligibility for services must be determined by a service
				  worker or a volunteer under the supervision of a service
				  worker.
Statutory Authority
§§ 63.2-217, 63.2-602 and 63.2-614 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-40 - Income maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
Persons or families are eligible for service in this category
				  because they receive Temporary Assistance for Needy Families, Supplemental
				  Security Income, or Auxiliary Grants.
Statutory Authority
§§ 63.2-217 and 63.2-614 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-50 - Eligibility based on income

Current through Register Vol. 40, No. 24, July 15, 2024
Eligibility in this category is determined by measuring the
				  family income and number in the family unit against an income scale provided by
				  the Department of Social Services.
Statutory Authority
§§ 63.2-217, 63.2-602 and 63.2-614 of the Code
					 of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 780 - ELIGIBILITY FOR DIRECT SOCIAL SERVICES › Section 22VAC40-780-60 - Universal access

Current through Register Vol. 40, No. 24, July 15, 2024
Local departments of social services may choose one of two
				  options in providing direct services on a universal access basis:
1. All persons needing direct services may be
				served on a universal access basis ; or
2. Only persons needing the following
				services may be served on a universal access basis:
a. Intake services;
b. Family services (services provided to
				prevent child abuse and neglect, independent adoptions, and court
				activities);
c. Adult protective
				services;
d. Child protective
				services;
e. Foster care or
				adoption services; or
f. Adult
				services (services provided to elderly and incapacitated adults at risk of
				abuse, neglect, or exploitation).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 790 - MINIMUM STANDARDS FOR LOCAL AGENCY OPERATED VOLUNTEER RESPITE CHILD CARE PROGRAMS [REPEALED] › Section 22VAC40-790-10 to 22VAC40-790-60

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-20 - Services provided

Current through Register Vol. 40, No. 24, July 15, 2024
A. Child
				support enforcement services shall be provided to all TANF and non-TANF
				customers. Medicaid-only customers shall be provided services to establish or
				enforce health care orders at their request.
B. The department shall provide locate
				services (i) whenever the location of parents or their sources of income or
				assets is needed in order to establish parentage, establish a child support
				order, or enforce a child support obligation and (ii) when there is sufficient
				identifying information available to the department to access locate
				sources.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-90 - Case assessment

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall (i) assess the case information to
				  determine if sufficient information to establish or enforce a child support
				  obligation is available and verified and (ii) attempt to obtain additional case
				  information if the information is not sufficient and (iii) verify case
				  information which is not verified.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-100 - Case prioritization

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall have the authority to prioritize cases
				  based on available information.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-110

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-130

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-140

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-160

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-170

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-180

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-190 - Administrative establishment of a child support obligation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall use the
				administrative support order to establish a temporary child support obligation
				when judicial determinations of support are pending due to custody and
				visitation issues.
B. Within 90
				calendar days of locating the putative father or noncustodial parent, the
				department shall either establish an administrative child support order or
				petition the court and complete service of process on the putative father or
				noncustodial parent to establish a child support obligation, or shall
				diligently attempt to complete the service of process necessary for an
				obligation to be ordered.
C. When a
				court dismisses a petition for a support order without prejudice or an
				administrative hearing officer overrules an administrative support action, the
				department shall examine the reasons for the dismissal or overruling to
				determine when or if further action is appropriate.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-200

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-210

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-220

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-230

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-240 - Administrative deviation from the child support guideline

Current through Register Vol. 40, No. 24, July 15, 2024
There shall be a rebuttable presumption that the amount of
				  child support that results from the application of the guidelines is the
				  correct amount of child support pursuant to §§
									20-108.1,
				  20-108.2,
				  and
				  63.2-1918
				  of the Code of Virginia. Deviations from the guidelines shall be allowed as
				  follows:
1. When either natural or
				adoptive parent is found to be voluntarily unemployed or fails to provide
				financial information upon request, income shall be imputed except as indicated
				in this subdivision. A natural or adoptive parent is determined to be
				voluntarily unemployed when the parent quits a job without good cause or is
				fired for cause.
a. The current or last
				available monthly income shall be used to determine the obligation if that
				income is representative of what the natural or adoptive parent could earn or
				otherwise receive.
b. If actual
				income is not available, use the federal minimum wage multiplied by 40 hours
				per week and converted to a monthly amount by multiplying the result by
				4.333.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-250 - Periodic reviews of the child support obligation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Either parent may request a review of the
				child support obligation once every three years. Additional requests may be
				made earlier by providing documentation that a material change of circumstance
				has occurred that potentially affects the child support obligation. Such
				changes shall be limited to the following:
1.
				An additional child needs to be added to the order;
2. A child is no longer eligible to receive
				current support due to a change of custody or emancipation and needs to be
				removed from an existing order that includes other children;
3. A provision for health care coverage needs
				to be added;
4. A provision
				ordering the natural or adoptive parents to share the costs of all unreimbursed
				medical/dental expenses exceeding $250 per child per year covered by the order
				needs to be added; or
5. A change
				of at least 25% can be documented by the requesting parent in the following
				circumstances:
a. Income of either natural or
				adoptive parent;
b. Amount of
				medical insurance; or
c. Cost of
				employment-related child-care costs.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-260

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-270

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-280

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-290 - Determining the amount to be applied toward past due support

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall collect any court-ordered amount to be
				  paid toward past due support. If the order does not specify an amount to be
				  paid toward past due support, the department shall determine the amount to be
				  paid monthly toward past due support. The monthly payment for past due support
				  will be 25% of the current or former obligation or $65, whichever is greater.
				  For disposable earnings, the total amount withheld shall not exceed the amount
				  allowed under § 34-29 of the Code of Virginia.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-300

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-310

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-320 - Initiated withholding of income

Current through Register Vol. 40, No. 24, July 15, 2024
In all initial and modified administrative support orders,
				  the department shall initiate an income withholding order unless the parties
				  agree to a written alternative payment arrangement. The department shall
				  initiate an income withholding order to the noncustodial parent's employer
				  requiring the withholding of the child support obligation from the noncustodial
				  parent's income under the following circumstances:
1. When a payment is delinquent in an amount
				equal to or exceeding one month's child support obligation, or
2. When either parent requests that
				withholding begin regardless of whether past due support is owed.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-330

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-340

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-350 - Distraint, seizure, and sale

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The department may use distraint, including booting of vehicle, seizure and
				sale against the real or personal property of a noncustodial parent when:
1. There is an arrearage of at least $1,000
				for a case with a current support obligation and at least $500 for an
				arrearage-only case;
2.
				Conventional enforcement remedies have failed or are not appropriate;
				and
3. A lien has been filed
				pursuant to § 63.2-1927 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-360

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-370

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-380 - Tax intercept

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall intercept state and federal income tax refunds due to obligors
				that owe support arrearages.
B. The
				Virginia Department of Taxation prescribes rules for interception of state tax
				refunds and notification to the person whose state tax refund is being
				intercepted.
1. The department may retain
				moneys up to the amount owed on the due date of the finalization notice from
				the department to the Virginia Department of Taxation.
2. The department may intercept state tax
				refunds when the arrearage equals at least $25.
3. State tax refund intercepts shall be
				disbursed in the same manner as support payments. Federal tax intercepts shall
				be disbursed as required pursuant to 42 USC § 664.
4. The department may not disburse the
				intercepted state taxes if the noncustodial parent has appealed the intercept
				action and the appeal is pending.
5. The department shall issue a refund to the
				noncustodial parent when one of the following occurs:
a. The intercept was made in error;
b. The noncustodial parent pays the arrearage
				in full after the Department of Taxation has been notified of the arrearage and
				before the tax refund is intercepted; or
c. The total amount intercepted is more than
				the amount of the arrearage owed at the time that notification of the tax
				intercept is received from the Department of Taxation, and the noncustodial
				parent does not agree to allow the department to apply the excess funds to any
				arrearage that accrued after certification for tax intercept.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-385

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-390 - Additional remedies

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to state administrative enforcement remedies, the
				  department shall utilize available federal enforcement remedies to enforce
				  child support obligations and collect accumulated support
				  arrearages.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-400 - Internal Revenue Service full collection service

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may ask the Internal
				Revenue Service to collect delinquent child support payments when all
				reasonable efforts to collect past due child support payments have been made
				but have not been successful.
B.
				The department shall make this request through the federal Office of Child
				Support Enforcement.
Statutory Authority
§§ 63.2-217, 63.2-1901 and 63.2-1960 of the Code
					 of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-405 - Passport Denial Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall participate in the Passport Denial Program for the denial,
				revocation, or limitation of noncustodial parents' passports where child
				support arrearages exceed the federally mandated threshold.
B. The department shall certify the
				arrearages to the federal Office of Child Support Enforcement, which will then
				(i) send notice of the certification on behalf of the department to the
				individual and (ii) certify the arrearage to the Department of State pursuant
				to the Passport Denial Program.
C.
				An individual has the right to appeal per the notice to a Department of Social
				Services' hearing officer. The only issues reviewable on appeal are (i) whether
				the arrears met the threshold at the time of certification, or (ii) mistaken
				identity. An appeal from the hearing officer shall be to circuit court pursuant
				to the procedures under the Setoff Debt Collection Act (§
									58.1-520 et seq. of the Code of
				Virginia). The issues in subsections D and E of this section are not reviewable
				by the hearing officer.
D. An
				individual's child support arrearages shall be paid in full before the
				department notifies the federal Office of Child Support Enforcement that the
				individual is eligible to receive a passport.
E. Exceptions to paying all arrearages prior
				to release of a passport may be granted by the IV-D agency director upon
				written request documenting (i) compelling evidence of a life-or-death
				situation of an immediate family member or (ii) employment that is contingent
				upon international travel with written proof from the employer of current
				employment or an offer and acceptance of employment and an agreement with the
				department that includes an income withholding order, a lump sum payment, and a
				plan to make regular payments to satisfy the arrearage within a finite period
				of time. Such decision whether to grant an exception shall be in the sole
				discretion of the IV-D agency director or designee.
Statutory Authority: §
											63.2-217 of the Code of
					 Virginia; 42 USC §
												651 et
					 seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-410 - Enforcement remedies to be used against federal employees

Current through Register Vol. 40, No. 24, July 15, 2024
The department may apply its enforcement remedies against
				  current and retired employees of the United States.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-420

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-430 - Validity of the appeal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall determine the validity of an administrative appeal.
1. The appeal must be in writing.
2. If the appeal is personally delivered, the
				appeal must be received within 10 business days of service of the notice of the
				proposed action on the appellant.
3. If mailed, the postmark must be within 10
				business days from the date of service of the notice of the proposed action on
				the appellant.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-440 - General rules for appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The appeal shall be heard by a hearing officer.
1. The hearing officer may hold the hearing
				by telephone or in the district office where the custodial parent or his or her
				case resides unless another location is requested by the appellant.
2. The parents may be represented at the
				hearing by legal counsel.
3. The
				appellant may withdraw the appeal at any time. The department may withdraw its
				actions at any time.
4. The hearing
				officer shall accept a request for a continuance from the noncustodial parent
				or the custodial parent if:
a. The request is
				made in writing at least five business days prior to the hearing, and
b. The request is for not more than a 10-day
				continuance, except when the facts presented justify an exception.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-450

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-460

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-470

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-480 - Cooperation with other state IV-D agencies

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the parents reside in different
				states, cooperation between these state agencies may be necessary.
B. The department shall provide the same
				services to other state IV-D cases that it provides to its own cases with the
				following conditions:
1. The request for
				services must be in writing; and
2.
				The request for services must list the specific services needed.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-490

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-500

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-510

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-520

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-530

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-540

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-550

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-560 - Release of health insurance information

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall provide specific third party liability
				  information to the Department of Medical Assistance Services in order for that
				  agency to pursue the noncustodial parent's health insurance provider for any
				  Medicaid funds expended for his or her dependents who are receiving TANF or
				  federal foster care or who are Medicaid-only customers .
A. The department shall release health
				insurance coverage information on TANF, federal foster care, and Medicaid-only
				cases to the Department of Medical Assistance Services as prescribed in the
				cooperative agreement between the department and that agency.
B. The department shall release health
				insurance coverage information on TANF, federal foster care, and Medicaid-only
				cases to other state child support agencies upon their request.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-570

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-580

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-590

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-600

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-610

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-620

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-630

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-640

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-650

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-660

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-670

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-680

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-690

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-700

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-710

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-720

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 890 - HUMAN SUBJECT RESEARCH REGULATIONS › Section 22VAC40-890-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to the Virginia Department of
				  Social Services, to local departments of social services or departments of
				  welfare, to facilities licensed by the department, and to contractors that
				  authorize, conduct, or propose to conduct or authorize any human
				  research.
Statutory Authority
§§ 63.2-217 and 63.2-218 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 890 - HUMAN SUBJECT RESEARCH REGULATIONS › Section 22VAC40-890-30 - Research exempt from chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Research activities in which the only involvement of human
				  participants will be in one or more of the following categories are exempt from
				  this chapter unless the research is covered by other sections of this
				  chapter:
1. Human research which is
				subject to policies and regulations for the protection of human subjects
				promulgated by any agency of the federal government, except for the provisions
				in 22VAC40-890-40 C and
				22VAC40-890-90 B.
2. Research conducted in established or
				commonly accepted educational settings involving commonly used educational
				practices, provided that participants cannot be identified, directly or through
				identifiers, for:
a. Regular and special
				education instructional strategies;
b. The effectiveness of or the comparison
				among instructional techniques, curriculum or classroom management methods;
				or
c. Educational tests.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 890 - HUMAN SUBJECT RESEARCH REGULATIONS › Section 22VAC40-890-40 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each human
				research activity, as well as significant changes to approved research
				proposals, shall be submitted to and approved by a committee composed of
				representatives of varied backgrounds prior to implementation of the research.
				The committee shall ensure the competent, complete, and professional review of
				human research activities conducted, authorized, or proposed to be conducted or
				authorized by the department, local agencies, facilities, or contractor. The
				committee shall ensure the participants' rights to privacy are
				maintained.
B. Every person engaged
				in the conduct of human research or proposing to conduct human research shall
				report to an agency having a research review committee, and the human research
				which he conducts or proposes to conduct shall be subject to review and
				approval by such committee in the manner set forth in this chapter.
C. Every person or organization engaged in a
				human research project that requires an allowable variance or other approval
				related to department regulations must obtain approval for such from the
				department prior to requesting the committee's review and approval of the
				proposed research.
D. Prior to the
				initiation of any human research, each participant or legally authorized
				representative must be informed in writing of the following:
1. Procedure or procedures to be utilized,
				their purposes, and any expected discomforts, risks, and benefits;
2. Instruction that the participant may
				withdraw his consent and discontinue participation in the human research at any
				time without loss of services or benefits to which the participant is otherwise
				entitled;
3. Explanation of any
				costs or benefits which may accrue to the participant or the participant's
				family;
4. An offer to answer any
				inquiries by the participant concerning the procedures and use of the
				results;
5. Statement assuring
				confidentiality of records and describing the extent to which confidentiality
				of records identifying the participant will be maintained; and
6. Expected duration of
				participation.