reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-320 - Staff supervision

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall develop and implement written policies
					 and procedures regarding the supervision of employees, volunteers, contractors,
					 and students/interns. These policies and procedures shall include:
1. Type of supervision;
2. Frequency of supervision; and
3. How the supervision will be
				  documented.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-330 - The applicant

Current through Register Vol. 40, No. 24, July 15, 2024
As a condition of initial licensure and, if appropriate,
					 license renewal, each applicant shall:
1. Provide documentation that they have been
				  trained on appropriate siting of children's residential facilities, and good
				  neighbor policies and community relations;
2. Be interviewed in person by the department
				  to determine the qualifications of the owner or operator as set out in these
				  regulations. Should the applicant not be qualified to perform the duties of the
				  chief administrative officer, the applicant shall hire an individual with the
				  qualifications, as set out in these regulations, to perform the duties of the
				  chief administrative officer; and
3. Provide evidence of having relevant prior
				  experience.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-340 - The chief administrative officer

Current through Register Vol. 40, No. 24, July 15, 2024
A. The chief administrative officer shall
				  have the following responsibilities:
1.
				  Responsibility for compliance with these regulations and other applicable
				  regulations;
2. Responsibility for
				  all personnel;
3. Responsibility
				  for overseeing the facility operation in its entirety, including the approval
				  of the design of the structured program of care and its implementation;
				  and
4. Responsibility for the
				  facility's financial integrity.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-350 - Program director

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  facility's program shall be directed by one or more qualified
				  persons.
B. Persons directing
				  programs shall be responsible for the development and implementation of the
				  programs and services offered by the facility, including overseeing
				  assessments, service planning, staff scheduling, and supervision.
C. Persons directing programs of a facility
				  licensed to care for 13 or more residents shall be full-time, qualified staff
				  members.
D. A person appointed
				  after December 28, 2007, to direct programs shall have at least:
1. A master's degree in social work,
				  psychology, counseling, or nursing and a combination of two years professional
				  experience with children in a children's residential facility and in
				  administration or supervision;
2. A
				  baccalaureate degree in social work, psychology, counseling, or nursing and a
				  combination of three years professional experience with children in a
				  children's residential facility and in administration or supervision;
3. A baccalaureate degree and a combination
				  of four years of professional experience with children in a children's
				  residential facility and in administration or supervision; or
4. A license issued by the Commonwealth of
				  Virginia as a drug or alcoholism counselor/worker if the facility's purpose is
				  to treat drug abuse or alcoholism.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-360 - Case manager

Current through Register Vol. 40, No. 24, July 15, 2024
A. Case managers
				  shall have the responsibility for coordination of all services offered to each
				  resident.
B. Case managers shall
				  have:
1. A master's degree in social work,
				  psychology, or counseling;
2. A
				  baccalaureate degree in social work or psychology with documented field work
				  experience and shall be supervised by the program director or other staff
				  employed by the provider with the same qualifications; or
3. A baccalaureate degree and three years of
				  professional experience working with children.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-370 - Child care supervisor

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Child care supervisors shall have responsibility for the:
1. Development of the daily living program
				  within each child care unit; and
2.
				  Orientation, training, and supervision of direct care workers.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-380 - Child care staff

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  child care worker shall have responsibility for guidance and supervision of the
				  children to whom he is assigned including:
1.
				  Overseeing physical care;
2.
				  Development of acceptable habits and attitudes;
3. Management of resident behavior;
				  and
4. Helping to meet the goals
				  and objectives of any required individualized service plan.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-390 - Relief staff

Current through Register Vol. 40, No. 24, July 15, 2024
Qualified relief staff shall be employed as necessary to
					 meet the needs of the programs and services offered and to maintain a
					 structured program of care in accordance with these
					 regulations.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-395 - Additional requirements for residential facilities for individuals with brain injury

Current through Register Vol. 40, No. 24, July 15, 2024
The provider of brain injury services shall employ or
					 contract with a neuropsychologist or licensed clinical psychologist
					 specializing in brain injury to assist, as appropriate, with initial
					 assessments, development of individualized service plans, crises, staff
					 training, and service design.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-400 - Volunteers and student/interns

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A facility that uses volunteers or students/interns shall develop and implement
				  written policies and procedures governing their selection and use.
B. The facility shall not be dependent upon
				  volunteers or students/interns to provide basic services.
C. Responsibilities of volunteers and
				  students/interns shall be clearly defined in writing.
D. Volunteers and students/interns shall have
				  qualifications appropriate to the services they render.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part II - Administration › Section 12VAC35-46-410 - Support functions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Child
				  care workers and other staff responsible for child care may assume the duties
				  of nonchild care personnel only when these duties do not interfere with their
				  child care responsibilities.
B.
				  Residents shall not be solely responsible for support functions including, but
				  not necessarily limited to, food service, maintenance of building and grounds,
				  and housekeeping.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-420 - Buildings, inspections and building plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. All buildings and building related
				  equipment shall be inspected and approved by the local building official.
				  Approval shall be documented by a certificate of occupancy.
B. The facility shall document at the time of
				  its original application evidence of consultation with state or local fire
				  prevention authorities.
C. The
				  facility shall document annually after the initial application that buildings
				  and equipment are maintained in accordance with the Virginia Statewide Fire
				  Prevention Code (13VAC5-51).
D. At
				  the time of the original application and at least annually thereafter the
				  buildings shall be inspected and approved by state or local health authorities,
				  whose inspection and approval shall include:
1. General sanitation;
2. The sewage disposal system;
3. The water supply; and
4. Food service operations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-430 - Heating systems, ventilation, and cooling systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. Heat shall be evenly distributed in all
				  rooms occupied by the residents such that a temperature no less than 68°F
				  is maintained, unless otherwise mandated by state or federal
				  authorities.
B. Natural or
				  mechanical ventilation to the outside shall be provided in all rooms used by
				  residents.
C. Air conditioning or
				  mechanical ventilating systems, such as electric fans, shall be provided in all
				  rooms occupied by residents when the temperature in those rooms exceeds
				  80°F.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-440 - Lighting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Artificial
				  lighting shall be by electricity.
B. All areas within buildings shall be
				  lighted for safety and the lighting shall be sufficient for the activities
				  being performed.
C. Lighting in
				  halls shall be adequate and shall be continuous at night.
D. Operable flashlights or battery-powered
				  lanterns shall be available for each staff member on the premises between dusk
				  and dawn to use in emergencies.
E.
				  Outside entrances and parking areas shall be lighted for protection against
				  injuries and intruders.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-450 - Plumbing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Plumbing shall
				  be maintained in good operational condition.
B. An adequate supply of hot and cold running
				  water shall be available at all times.
C. Precautions shall be taken to prevent
				  scalding from running water. Water temperatures shall be maintained between
				  100°F and 120°F.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-460 - Toilet facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. There
				  shall be at least one toilet, one hand basin, and one shower or bathtub in each
				  living unit.
B. There shall be at
				  least one bathroom equipped with a bathtub in each facility.
C. There shall be at least one toilet, one
				  hand basin, and one shower or tub for every eight residents for facilities
				  licensed before July 1, 1981.
D.
				  There shall be one toilet, one hand basin, and one shower or tub for every four
				  residents in any building constructed or structurally modified after July 1,
				  1981, except secure custody facilities. Facilities licensed after December 28,
				  2007, shall comply with the one-to-four ratio.
E. The maximum number of staff members on
				  duty in the living unit shall be counted in determining the required number of
				  toilets and hand basins when a separate bathroom is not provided for
				  staff.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-470 - Personal necessities

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  adequate supply of personal necessities shall be available to the residents at
				  all times for purposes of personal hygiene and grooming.
B. Clean, individual washcloths and towels
				  shall be in good repair and available once each week and more often if
				  needed.
C. When residents are
				  incontinent or not toilet trained:
1.
				  Provision shall be made for sponging, diapering, or other similar care on a
				  nonabsorbent changing surface that shall be cleaned with warm soapy water after
				  each use.
2. A covered diaper pail,
				  or its equivalent, with leakproof disposable liners shall be used to dispose of
				  diapers. If both cloth and disposable diapers are used, there shall be a diaper
				  pail for each.
3. Adapter seats and
				  toilet chairs shall be cleaned immediately after each use with appropriate
				  cleaning materials.
4. Staff shall
				  thoroughly wash their hands with warm soapy water immediately after assisting a
				  child or themselves with toileting.
5. Appropriate privacy, confidentiality, and
				  dignity shall be maintained for residents during toileting and
				  diapering.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-480 - Sleeping areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  residents are four years of age or older, boys and girls shall have separate
				  sleeping areas.
B. No more than
				  four children shall share a bedroom or sleeping area.
C. Children who use wheelchairs, crutches,
				  canes, or other mechanical devices for assistance in walking shall be provided
				  with a planned, personalized means of effective egress for use in
				  emergencies.
D. Beds shall be at
				  least three feet apart at the head, foot, and sides and double-decker beds
				  shall be at least five feet apart at the head, foot, and sides.
E. Sleeping quarters in facilities
				  established, constructed, or structurally modified after July 1, 1981, shall
				  have:
1. At least 80 square feet of floor
				  area in a bedroom accommodating one person;
2. At least 60 square feet of floor area per
				  person in rooms accommodating two or more persons; and
3. Ceilings with a primary height of at least
				  7-1/2 feet exclusive of protrusions, duct work, or dormers.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-490 - Smoking prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
Smoking shall be prohibited in living areas and in areas
					 where residents participate in programs.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-500 - Residents' privacy

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  bathrooms are not designated for individual use:
1. Each toilet shall be enclosed for privacy;
				  and
2. Bathtubs and showers shall
				  provide visual privacy for bathing by use of enclosures, curtains, or other
				  appropriate means.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-510 - Audio and visual recordings

Current through Register Vol. 40, No. 24, July 15, 2024
Each provider shall have written policies and procedures
					 regarding the photographing and audio or audio-video recordings of residents
					 approved by the Office of Human Rights that shall ensure and provide
					 that:
1. The written consent of the
				  resident or the resident's legal guardian shall be obtained before the resident
				  is photographed or recorded for research or provider publicity
				  purposes.
2. No photographing or
				  recording by provider staff shall take place without the resident or the
				  resident's family or legal guardian being informed.
3. All photographs and recordings shall be
				  used in a manner that respects the dignity and confidentiality of the
				  resident.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-520 - Living rooms and indoor recreation space

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each living unit shall have a living room,
				  or other area for informal use, relaxation, and entertainment. The furnishings
				  shall provide a comfortable, homelike environment that is appropriate to the
				  ages of the residents.
B. All
				  facilities shall have indoor recreation space that contains indoor recreation
				  materials appropriate to the ages and interests of the residents.
C. Facilities licensed to care for 13 or more
				  residents shall have indoor recreation space distinct from the living room.
				  Recreation space is not required in every living unit.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-530 - Study space

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facilities
				  serving a school-age population shall provide study space. Study space may be
				  assigned in areas used interchangeably for other purposes.
B. Study space shall be well lighted, quiet,
				  and equipped with tables or desks and chairs.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-540 - Kitchen and dining areas

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Meals shall be served in areas equipped with sturdy tables and benches or
				  chairs that are size and age appropriate for the residents.
B. Adequate kitchen facilities and equipment
				  shall be provided for preparation and serving of meals.
C. Walk-in refrigerators, freezers, and other
				  enclosures shall be equipped to permit emergency exits.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-550 - Laundry areas

Current through Register Vol. 40, No. 24, July 15, 2024
Appropriate space and equipment in good repair shall be
					 provided if laundry is done at the facility.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-560 - Storage

Current through Register Vol. 40, No. 24, July 15, 2024
Space shall be provided for safe storage of items such as
					 first aid equipment, household supplies, recreational equipment, luggage,
					 out-of-season clothing, and other materials.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-570 - Staff quarters

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  separate, private bedroom shall be provided for staff and their families when a
				  staff member is on duty for 24 consecutive hours or more.
B. A separate private bathroom shall be
				  provided for staff and their families when there are more than four persons in
				  the living unit and the staff person is on duty for 24 consecutive hours or
				  more.
C. Staff and members of their
				  families shall not share bedrooms with residents.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-580 - Office space

Current through Register Vol. 40, No. 24, July 15, 2024
Space shall be provided for administrative activities
					 including, as appropriate to the program, confidential conversations and
					 provision for storage of records and materials.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-590 - Building and grounds

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  facility's grounds shall be safe, properly maintained, and free of clutter and
				  rubbish. The grounds include, but are not limited to, all areas where
				  residents, staff, and visitors may reasonably be expected to have access,
				  including roads, pavements, parking lots, open areas, stairways, railings, and
				  potentially hazardous or dangerous areas.
B. The interior and exterior of all buildings
				  shall be safe, properly maintained, clean, and in good working order. This
				  includes, but is not limited to, required locks, mechanical devices, indoor and
				  outdoor equipment, and furnishings.
C. Outdoor recreation space shall be
				  available and appropriately equipped for the residents' use.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-600 - Equipment and furnishings

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  furnishings and equipment shall be safe, clean, and suitable to the ages and
				  number of residents.
B. There shall
				  be at least one continuously operable, nonpay telephone accessible to staff in
				  each building in which children sleep or participate in programs.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-610 - Housekeeping and maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  buildings shall be well ventilated and free of stale, musty, or foul
				  odors.
B. Adequate provision shall
				  be made for the collection and legal disposal of garbage and waste
				  materials.
C. Buildings shall be
				  kept free of flies, roaches, rats, and other vermin.
D. A sanitizing agent shall be used in the
				  laundering of bed, bath, table, and kitchen linens.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part III - Residential Environment › Section 12VAC35-46-620 - Farm and domestic animals

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Horses and other animals maintained on the premises shall be quartered at a
				  reasonable distance from sleeping, living, eating and food preparation areas,
				  as well as a safe distance from water supplies.
B. Animals maintained on the premises shall
				  be tested, inoculated, and licensed as required by law.
C. The premises shall be kept free of stray
				  domestic animals.
D. Pets shall be
				  provided with clean quarters and adequate food and water.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-625 - Minimum service requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The provider shall have and implement written policies and procedures for the
				  on-site provision of a structured program of care or treatment of residents
				  with mental illness, mental retardation, substance abuse, or brain injury. The
				  provision, intensity, and frequency of mental health, mental retardation,
				  substance abuse, or brain injury interventions shall be based on the assessed
				  needs of the resident. These interventions, applicable to the population
				  served, shall include, but are not limited to:
1. Individual counseling;
2. Group counseling;
3. Training in decision making, family and
				  interpersonal skills, problem solving, self-care, social, and independent
				  living skills;
4. Training in
				  functional skills;
5. Assistance
				  with activities of daily living (ADL's);
6. Social skills training in therapeutic
				  recreational activities, e.g., anger management, leisure skills education and
				  development, and community integration;
7. Providing positive behavior
				  supports;
8. Physical,
				  occupational, and/or speech therapy;
9. Substance abuse education and counseling;
				  and
10. Neurobehavioral services
				  for individuals with brain injury.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-630 - Acceptance of children

Current through Register Vol. 40, No. 24, July 15, 2024
Children shall be accepted only by court order or by
					 written placement agreement with legal guardians.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-640 - Admission procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  facility shall have written criteria for admission that shall include:
1. A description of the population to be
				  served;
2. A description of the
				  types of services offered;
3.
				  Intake and admission procedures;
4.
				  Exclusion criteria to define those behaviors or problems that the facility does
				  not have the staff with experience or training to manage; and
5. Description of how educational services
				  will be provided to the population being served.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-650 - Least restrictive programming

Current through Register Vol. 40, No. 24, July 15, 2024
Each resident shall be placed in the least restrictive
					 level of programming appropriate to individual functioning and available
					 services.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-660 - Maintenance of residents' records

Current through Register Vol. 40, No. 24, July 15, 2024
A. A separate written or automated case
				  record shall be maintained for each resident. In addition, all correspondence
				  and documents received by the facility relating to the care of that resident
				  shall be maintained as part of the case record. A separate health record may be
				  kept on each resident.
B. Each
				  record shall be kept up to date and in a uniform manner.
C. The provider shall develop and implement
				  written policies and procedures for management of all records, written and
				  automated, that shall describe confidentiality, accessibility, security, and
				  retention of records pertaining to residents, including:
1. Access, duplication, dissemination, and
				  acquiring of information only to persons legally authorized according to
				  federal and state laws;
2.
				  Facilities using automated records shall address procedures that include:
a. How records are protected from
				  unauthorized access;
b. How records
				  are protected from unauthorized Internet access;
c. How records are protected from
				  loss;
d. How records are protected
				  from unauthorized alteration; and
e. How records are backed up;
3. Security measures to protect
				  records from loss, unauthorized alteration, inadvertent or unauthorized access,
				  and disclosure of information and during transportation of records between
				  service sites;
4. Designation of
				  person responsible for records management; and
5. Disposition of records in the event the
				  facility ceases to operate.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-670 - Record reviews

Current through Register Vol. 40, No. 24, July 15, 2024
Complete written policies and procedures for record reviews
					 shall be developed and implemented that shall evaluate records for
					 completeness, accuracy, and timeliness of documentation. Such policies shall
					 include provisions for ongoing review to determine whether records contain all
					 required service documentation, and release of information documents required
					 by the provider.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-680 - Interstate compact on the placement of children

Current through Register Vol. 40, No. 24, July 15, 2024
A. Documentation of the prior approval of the
				  administrator of the Virginia Interstate Compact on the Placement of Children,
				  Virginia Department of Social Services, shall be retained in the record of each
				  resident admitted from outside Virginia. The requirements of this section shall
				  not apply to a facility providing documentation that the administrator of the
				  Virginia Interstate Compact has determined the facility is statutorily exempt
				  from the compact's provisions.
B.
				  Documentation that the provider has sent copies of all serious incident reports
				  regarding any child placed through the Interstate Compact to the administrator
				  of the Virginia Interstate Compact on the Placement of Children shall be kept
				  in the resident's record.
C. No
				  later than five days after a resident has been transferred to another facility
				  operated by the same sponsor, the resident's record shall contain documentation
				  that the administrator of the Virginia Interstate Compact on the Placement of
				  Children was notified in writing of the resident's transfer.
D. No later than 10 days after discharge, the
				  resident's record shall contain documentation that the adminis-trator of the
				  Virginia Interstate Compact on the Placement of Children was notified in
				  writing of the discharge.
E. The
				  provider shall not discharge or send out-of-state youth in the custody of
				  out-of-state social services agencies and courts to reside with a parent,
				  relative, or other individual who lives in Virginia without the approval of the
				  administrator of the Virginia Interstate Compact on the Placement of
				  Children.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-690 - Participation of residents in human research

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall:
1. Implement a written policy stating that
				  residents will not be used as subjects of human research; or
2. Document approval, as required by the
				  department for each research project using residents as subjects of human
				  research, unless such research is exempt from review.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-700 - Emergency and self-admissions

Current through Register Vol. 40, No. 24, July 15, 2024
Providers accepting emergency or self-admissions
					 shall:
1. Develop and implement
				  written policies and procedures governing such admissions that shall include
				  procedures to make and document prompt efforts to obtain (i) a written
				  placement agreement signed by the legal guardian or (ii) the order of a court
				  of competent jurisdiction;
2. Place
				  in each resident's record the order of a court of competent jurisdiction, a
				  written request for care, or documentation of an oral request for care; and
				  justification of why the resident is to be admitted on an emergency basis;
				  and
3. Clearly document in written
				  assessment information gathered for the emergency admission that the individual
				  meets the facility's criteria for admission.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-710 - Application for admission

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Admission shall be based on evaluation of an application for admission. The
				  requirements of this section do not apply to court-ordered placements or
				  transfer of a resident between residential facilities located in Virginia and
				  operated by the same sponsor.
B.
				  Providers shall develop, and fully complete prior to acceptance for care, an
				  application for admission that is designed to compile information necessary to
				  determine:
1. The educational needs of the
				  prospective resident;
2. The mental
				  health, emotional, and psychological needs of the prospective
				  resident;
3. The physical health
				  needs, including the immunization needs, of the prospective resident;
4. The protection needs of the prospective
				  resident;
5. The suitability of the
				  prospective resident's admission;
6. The behavior support needs of the
				  prospective resident;
7. Family
				  history and relationships;
8.
				  Social and development history;
9.
				  Current behavioral functioning and social competence;
10. History of previous treatment for mental
				  health, mental retardation, substance abuse, brain injury, and behavior
				  problems; and
11. Medication and
				  drug use profile, which shall include:
a.
				  History of prescription, nonprescription, and illicit drugs that were taken
				  over the six months prior to admission;
b. Drug allergies, unusual and other adverse
				  drug reactions, and ineffective medications; and
c. Information necessary to develop an
				  individualized service plan and a behavior support plan.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-720 - Written placement agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The facility, except a facility that accepts admission only upon receipt of the
				  order of a court of competent jurisdiction, shall develop a written placement
				  agreement that:
1. Authorizes the resident's
				  placement;
2. Addresses acquisition
				  of and consent for any medical treatment needed by the resident;
3. Addresses the rights and responsibilities
				  of each party involved;
4.
				  Addresses financial responsibility for the placement;
5. Addresses visitation with the resident;
				  and
6. Addresses the education plan
				  for the resident and the responsibilities of all parties.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-730 - Face sheet

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the time
				  of admission, each resident's record shall include a completed face sheet that
				  contains (i) the resident's full name, last known residence, birth date,
				  birthplace, gender, race, social security number or other unique identifier,
				  religious preference, and admission date; and (ii) names, addresses, and
				  telephone numbers of the resident's legal guardians, placing agency, emergency
				  contacts, and parents, if appropriate.
B. Information shall be updated when changes
				  occur.
C. The face sheet for
				  pregnant teens shall also include the expected date of delivery and the name of
				  the hospital to provide delivery services to the resident.
D. The face sheet of residents who are
				  transferred to facilities operated by the same sponsor shall indicate the
				  address and dates of placement and transfer at each location.
E. At the time of discharge the following
				  information shall be added to the face sheet:
1. Date of discharge;
2. Reason for discharge;
3. Names and addresses of persons to whom the
				  resident was discharged; and
4.
				  Forwarding address of the resident, if known.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-740 - Initial objectives and strategies

Current through Register Vol. 40, No. 24, July 15, 2024
Within three days following admission, individualized,
					 measurable objectives and strategies for the first 30 days shall be developed,
					 distributed to affected staff and the resident, and placed in the resident's
					 record. The objectives and strategies shall be based on the reasons for
					 admitting the resident.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-750 - Individualized service plans/quarterly reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. An individualized service plan shall be
				  developed and placed in the resident's record within 30 days following
				  admission and implemented immediately thereafter.
B. Individualized service plans shall
				  describe in measurable terms the:
1.
				  Strengths and needs of the resident;
2. Resident's current level of
				  functioning;
3. Goals, objectives,
				  and strategies established for the resident;
4.Projected family involvement;
5. Projected date for accomplishing each
				  objective; and
6. Status of the
				  projected discharge plan and estimated length of stay, except that this
				  requirement shall not apply to a facility that discharges only upon receipt of
				  the order of a court of competent jurisdiction.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-760 - Resident transfer between residential facilities located in Virginia and operated by the same sponsor

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
				  when transfer is ordered by a court of competent jurisdiction, the receiving
				  provider shall document at the time of transfer:
1. Preparation through sharing information
				  with the resident, the family, if appropriate, the legal guardian, and the
				  placing agency about the facility, the staff, the population served,
				  activities, and criteria for admission;
2. Notification to the family, if
				  appropriate; the resident, the placement agency, and the legal
				  guardian;
3. Receipt from the
				  sending facility of a written summary of the resident's progress while at the
				  facility, justification for the transfer, and the resident's current strengths
				  and needs; and
4. Receipt of the
				  resident's record.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-765 - Discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall have written criteria for discharge that shall include:
1. Criteria for a resident's completing the
				  program that are consistent with the facility's programs and
				  services;
2. Conditions under which
				  a resident may be discharged before completing the program; and
3. Procedures for assisting placing agencies
				  in placing the residents should the facility cease operation.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-770 - Placement of residents outside the facility

Current through Register Vol. 40, No. 24, July 15, 2024
A resident shall not be placed outside the facility prior
					 to the facility obtaining a child-placing agency license from the Department of
					 Social Services, except as permitted by statute or by order of a court of
					 competent jurisdiction.
Statutory Authority
§§ 37.2-408 and 37.2-203 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part IV - Programs and Services › Section 12VAC35-46-780 - Case management services

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The program of the facility shall be designed to provide case management
				  services. At the time of the admission of any resident, the provider shall
				  identify in writing the staff member responsible for providing case management
				  services. Case management services shall address:
1. Helping the resident and the parents or
				  legal guardian to understand the effects on the resident of separation from the
				  family and the effect of group living;
2. Assisting the resident and the family to
				  maintain their relationships and prepare for the resident's future
				  care;
3. Utilizing appropriate
				  community resources to provide services and maintain contacts with such
				  resources;
4. Helping the resident
				  strengthen his capacity to function productively in interpersonal
				  relationships;
5. Conferring with
				  the child care staff to help them understand the resident's needs in order to
				  promote adjustment to group living; and
6. Working with the resident and with the
				  family or any placing agency that may be involved in planning for the
				  resident's future and in preparing the resident for the return home or to
				  another family for independent living or for other residential care.