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 IV - Programs and Services › Section 12VAC35-46-790 - Therapy

Current through Register Vol. 40, No. 24, July 15, 2024
Therapy shall be provided by an individual (i)
					 appropriately licensed by the Department of Health Professions to provide
					 mental health therapy or counseling; or (ii) who is eligible for licensure and
					 working under the supervision of a licensed therapist unless exempted from
					 these requirements under the Code of Virginia.
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 12VAC35-46-800 - Structured program of care

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  There shall be evidence of a structured program of care designed to:
1. Meet the residents' physical and emotional
				  needs;
2. Provide protection,
				  guidance, and supervision; and
3.
				  Meet the 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 IV - Programs and Services › Section 12VAC35-46-810 - Health care procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provider shall have and implement written procedures for promptly:
1. Providing or arranging for the provision
				  of medical and dental services for health problems identified at
				  admission;
2. Providing or
				  arranging for the provision of routine ongoing and follow-up medical and dental
				  services after admission;
3.
				  Providing emergency services for each resident;
4. Providing emergency services for any
				  resident experiencing or showing signs of suicidal or homicidal thoughts,
				  symptoms of mood or thought disorders, or other mental health problems;
				  and
5. Ensuring that the required
				  information in subsection B of this section is accessible and up to
				  date.
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 12VAC35-46-820 - Written policies and procedures for a crisis or clinical emergency

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall develop and implement written policies
					 and procedures for a crisis or clinical emergency that shall include:
1. Procedures for crisis or clinical
				  stabilization, and immediate access to appropriate internal and external
				  resources, including a provision for obtaining physician and mental health
				  clinical services if on-call physician back-up or mental health clinical
				  services are not available; and
2.
				  Employee or contractor responsibilities.
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 12VAC35-46-830 - Documenting crisis intervention and clinical emergency services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall develop and implement a method for documenting the provision of crisis
				  intervention and clinical emergency services. Documentation shall include the
				  following:
1. Date and time;
2. Nature of crisis or emergency;
3. Name of resident;
4. Precipitating factors;
5. Interventions/treatment
				  provided;
6. Employees or
				  contractors involved;
7. Outcome;
				  and
8. Any required
				  follow-up.
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 12VAC35-46-840 - Medical examinations and treatment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each child accepted for care shall have a
				  physical examination by or under the direction of a licensed physician no
				  earlier than 90 days prior to admission to the facility or no later than seven
				  days following admission, except (i) the report of an examination within the
				  preceding 12 months shall be acceptable if a child transfers from one
				  residential facility licensed or certified by a state agency to another; and
				  (ii) a physical examination shall be conducted within 30 days following an
				  emergency admission if a report of physical examination is not
				  available.
B. Within seven days of
				  placement, each resident shall have had a screening assessment for tuberculosis
				  as evidenced by the completion of a screening form containing, at a minimum,
				  the elements found on the Report of Tuberculosis Screening form published by
				  the Virginia Department of Health. The screening assessment may be no older
				  than 30 days.
C. A screening
				  assessment for tuberculosis shall be completed annually on each resident as
				  evidenced by the completion of a form containing, at a minimum, the elements of
				  the Report of Tuberculosis Screening form published by the Virginia Department
				  of Health.
D. Each resident's
				  health record shall include written documentation of (i) the initial physical
				  examination; (ii) an annual physical examination by or under the direction of a
				  licensed physician, including any recommendation for follow-up care; and (iii)
				  documentation of the provision of follow-up medical care recommended by the
				  physician or as indicated by the needs of the resident.
E. Each physical examination report shall
				  include:
1. Information necessary to
				  determine the health and immunization needs of the resident, including:
a. Immunizations administered at the time of
				  the exam;
b. Vision exam;
c. Hearing exam;
d. General physical condition, including
				  documentation of apparent freedom from communicable disease, including
				  tuberculosis;
e. Allergies, chronic
				  conditions, and handicaps, if any;
f. Nutritional requirements, including
				  special diets, if any;
g.
				  Restrictions on physical activities, if any; and
h. Recommendations for further treatment,
				  immunizations, and other examinations indicated;
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 12VAC35-46-850 - Medication

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall develop and implement written policies and procedures regarding the
				  delivery and administration of prescription and nonprescription medications
				  used by residents. At a minimum these policies will address:
1. Identification of the staff member
				  responsible for routinely communicating to the prescribing physician:
a. The effectiveness of prescribed
				  medications; and
b. Any adverse
				  reactions, or any suspected side effects.
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 12VAC35-46-860 - Nutrition

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each resident
				  shall be provided a daily diet that (i) consists of at least three
				  nutritionally balanced meals and an evening snack; (ii) includes an adequate
				  variety and quantity of food for the age of the resident; and (iii) meets
				  minimum nutritional requirements and the U.S. Department of Health and Human
				  Services and U.S. Department of Agriculture Dietary Guidelines for Americans,
				  2005, 6th Edition.
B. Menus of
				  actual meals served shall be kept on file for at least six months.
C. Special diets shall be provided when
				  prescribed by a physician and the established religious dietary practices of
				  the resident shall be observed.
D.
				  Staff who eat in the presence of the residents shall be served the same meals
				  as the residents unless a special diet has been prescribed by a physician for
				  the staff or residents or the staff or residents are observing established
				  religious dietary practices.
E.
				  There shall not be more than 15 hours between the evening meal and breakfast
				  the following day.
F. Providers
				  shall assure that food is available to residents who need to eat breakfast
				  before the 15 hours have expired.
G. Providers shall receive approval from the
				  department if they wish to extend the time between meals on weekends and
				  holidays. There shall never be more than 17 hours between the evening meal and
				  breakfast the following day on weekends and holidays.
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 12VAC35-46-870 - Staff supervision of residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. No member of the child care staff shall be
				  on duty more than six consecutive days without a rest day, except in an
				  emergency or as approved by the department for live-in staff.
B. Child care staff shall have an average of
				  at least two rest days per week in any four-week period. Rest days shall be in
				  addition to vacation time and holidays.
C. Child care staff other than live-in staff
				  shall not be on duty more than 16 consecutive hours, except in an
				  emergency.
D. There shall be at
				  least one trained child care worker on duty and actively supervising residents
				  at all times that one or more residents are present.
E. Whenever children are being supervised by
				  staff there shall be at least one staff person present with a current basic
				  certificate in standard first aid and a current certificate in cardiopulmonary
				  resuscitation issued by the American Red Cross or other recognized
				  authority.
F. Supervision policies.
1. The provider shall develop and implement
				  written policies and procedures that address staff supervision of children
				  including contingency plans for resident illnesses, emergencies, off-campus
				  activities, and resident preferences. These policies and procedures shall be
				  based on the:
a. Needs of the population
				  served;
b. Types of services
				  offered;
c. Qualifications of staff
				  on duty; and
d. Number of residents
				  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 12VAC35-46-880 - Emergency telephone numbers

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  There shall be an emergency telephone number where a staff person may be
				  immediately contacted 24 hours a day.
B. Residents who are away from the facility
				  and the adults responsible for their care during the absence shall be furnished
				  with the emergency phone number.
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 12VAC35-46-890 - Searches

Current through Register Vol. 40, No. 24, July 15, 2024
A. Strip searches
				  and body cavity searches are prohibited except:
1. As permitted by other applicable state
				  regulations; or
2. As ordered by 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 12VAC35-46-900 - Behavior support

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 30
				  days of admission, the provider shall develop and implement a written behavior
				  support plan that allows the resident to self-manage his own behaviors. Each
				  individualized behavior support plan shall include:
1. Identification of positive and problem
				  behavior;
2. Identification of
				  triggers for behaviors;
3.
				  Identification of successful intervention strategies for problem
				  behavior;
4. Techniques for
				  managing anger and anxiety; and
5.
				  Identification of interventions that may escalate inappropriate
				  behaviors.
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 12VAC35-46-910 - Timeout

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall develop and implement written policies and procedures governing the
				  conditions under which a resident may be placed in timeout and the maximum
				  period of timeout. The conditions and maximum period of timeout shall be based
				  on the resident's chronological and developmental level.
B. The area in which a resident is placed
				  shall not be locked nor the door secured in a manner that prevents the resident
				  from opening it.
C. A resident in
				  timeout shall be able to communicate with staff.
D. Staff shall check on the resident in the
				  timeout area at least every 15 minutes and more often depending on the nature
				  of the resident's disability, condition, and behavior.
E. Use of timeout and staff checks on the
				  residents shall 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 IV - Programs and Services › Section 12VAC35-46-920 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following actions are prohibited:
1. Deprivation of drinking water or food
				  necessary to meet a resident's daily nutritional needs, except as ordered by a
				  licensed physician for a legitimate medical purpose and documented in the
				  resident's record;
2. Limitation on
				  contacts and visits with the resident's attorney, a probation officer,
				  regulators, or placing agency representative;
3. Bans on contacts and visits with family or
				  legal guardians, except as permitted by other applicable state regulations or
				  by order of a court of competent jurisdiction;
4. Delay or withholding of incoming or
				  outgoing mail, except as permitted by other applicable state and federal
				  regulations or by order of a court of competent jurisdiction;
5. Any action that is humiliating, degrading,
				  or abusive;
6. Corporal
				  punishment;
7. Subjection to
				  unsanitary living conditions;
8.
				  Deprivation of opportunities for bathing or access to toilet facilities, except
				  as ordered by a licensed physician for a legitimate medical purpose and
				  documented in the resident's record;
9. Deprivation of health care;
10. Deprivation of appropriate services and
				  treatment;
11. Application of
				  aversive stimuli, except as permitted pursuant to other applicable state
				  regulations;
12. Administration of
				  laxatives, enemas, or emetics, except as ordered by a licensed physician or
				  poison control center for a legitimate medical purpose and documented in the
				  resident's record;
13. Deprivation
				  of opportunities for sleep or rest, except as ordered by a licensed physician
				  for a legitimate medical purpose and documented in the resident's record;
				  and
14. Limitation on contacts and
				  visits with advocates employed by the department or the Virginia Office for
				  Protection and Advocacy.
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 12VAC35-46-930 - Pharmacological or mechanical restraints

Current through Register Vol. 40, No. 24, July 15, 2024
A. Use of mechanical restraints is prohibited
				  except as permitted by other applicable state regulations or as ordered by a
				  court of competent jurisdiction.
B.
				  Use of pharmacological restraints is prohibited.
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 12VAC35-46-940 - Behavior interventions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provider shall develop and implement written policies and procedures for
				  behavioral interventions and for documenting and monitoring the management of
				  resident behavior. Rules of conduct shall be included in the written policies
				  and procedures. These policies and procedures shall:
1. Define and list techniques that are used
				  and available for use in the order of their relative degree of
				  restrictiveness;
2. Specify the
				  staff members who may authorize the use of each technique; and
3. Specify the processes for implementing
				  such policies and procedures.
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 12VAC35-46-950 - Seclusion

Current through Register Vol. 40, No. 24, July 15, 2024
Seclusion is allowed only as permitted by other applicable
					 state 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 IV - Programs and Services › Section 12VAC35-46-960 - Seclusion room requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The room used for seclusion shall meet the design requirements for buildings
				  used for detention or seclusion of persons.
B. The seclusion room shall be at least six
				  feet wide and six feet long with a minimum ceiling height of eight
				  feet.
C. The seclusion room shall
				  be free of all protrusions, sharp corners, hardware, fixtures, or other
				  devices, that may cause injury to the occupant.
D. Windows in the seclusion room shall be
				  constructed to minimize breakage and otherwise prevent the occupant from
				  harming himself.
E. Light fixtures
				  and other electrical receptacles in the seclusion room shall be recessed or so
				  constructed as to prevent the occupant from harming himself. Light controls
				  shall be located outside the seclusion room.
F. Doors to the seclusion room shall be at
				  least 32 inches wide, shall open outward and shall contain observation view
				  panels of transparent wire glass or its approved equivalent, not exceeding 120
				  square inches but of sufficient size for someone outside the door to see into
				  all corners of the room.
G. The
				  seclusion room shall contain only a mattress with a washable mattress covering
				  designed to avoid damage by tearing.
H. The seclusion room shall maintain
				  temperatures appropriate for the season.
I. All space in the seclusion room shall be
				  visible through the locked door, either directly or by mirrors.
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 12VAC35-46-970 - Education

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each resident of
				  compulsory school attendance age shall be enrolled, as provided in the Code of
				  Virginia, in an appropriate educational program within five school business
				  days. Documentation of the enrollment shall be kept in the resident's
				  record.
B. The provider shall
				  ensure that educational guidance and counseling in selecting courses is
				  provided for each resident and shall ensure that education is an integral part
				  of the resident's total program.
C.
				  Providers operating educational programs for children with disabilities shall
				  operate those programs in compliance with applicable state and federal statutes
				  and regulations.
D. When a child
				  with a disability has been placed in a residential facility, the facility shall
				  contact the division superintendent of the resident's home locality.
				  Documentation of the contact with the resident's home school shall be kept in
				  the resident's record.
E. A
				  provider that has an academic or vocational program that is not certified or
				  approved by the Department of Education shall document that teachers meet the
				  qualifications to teach the same subjects in the public schools.
F. Each provider shall develop and implement
				  written policies and procedures to ensure that each resident has adequate study
				  time.
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 12VAC35-46-980 - Religion

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall have and implement written policies regarding opportunities for residents
				  to participate in religious activities.
B. The provider's policies on religious
				  participation shall be available to residents and any individual or agency
				  considering placement of a child in the facility.
C. Residents shall not be coerced to
				  participate in religious activities.
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 12VAC35-46-990 - Recreation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall have a written description of its recreation program that describes
				  activities that are consistent with the facility's total program and with the
				  ages, developmental levels, interests, and needs of the residents that
				  includes:
1. Opportunities for individual and
				  group activities;
2. Free time for
				  residents to pursue personal interests that shall be in addition to a formal
				  recreation program, except this subdivision does not apply to secure custody
				  facilities;
3. Use of available
				  community recreational resources and facilities, except this subdivision does
				  not apply to secure custody facilities;
4. Scheduling of activities so that they do
				  not conflict with meals, religious services, educational programs, or other
				  regular events; and
5. Regularly
				  scheduled indoor and outdoor recreational activities that are structured to
				  develop skills and attitudes.
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 12VAC35-46-1000 - Community relationships

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Opportunities shall be provided for the residents to participate in activities
				  and to utilize resources in the community.
B. The provider shall develop and implement
				  written policies and procedures for evaluating persons or organizations in the
				  community who wish to associate with residents on the premises or take
				  residents off the premises. The procedures shall cover how the facility will
				  determine if participation in such community activities or programs would be in
				  the residents' best interest.
C.
				  Each facility shall have a staff community liaison who shall be responsible for
				  facilitating cooperative relationships with neighbors, the school system, local
				  law enforcement, local government officials, and the community at
				  large.
D. Each provider shall
				  develop and implement written policies and procedures for promoting positive
				  relationships with the neighbors that shall be approved by the
				  department.
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 12VAC35-46-1010 - Clothing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Provision shall
				  be made for each resident to have an adequate supply of clean, comfortable, and
				  well-fitting clothes and shoes for indoor and outdoor wear.
B. Clothes and shoes shall be similar in
				  style to those generally worn by children of the same age in the community who
				  are engaged in similar activities, except this requirement does not apply to
				  secure custody facilities.
C.
				  Residents shall have the opportunity to participate in the selection of their
				  clothing, except this requirement does not apply to secure custody
				  facilities.
D. Residents shall be
				  allowed to take personal clothing when leaving 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 IV - Programs and Services › Section 12VAC35-46-1020 - Allowances and spending money

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The provider shall provide opportunities appropriate to the ages and
				  developmental levels of the residents for learning the value and use of
				  money.
B. There shall be a written
				  policy regarding allowances that shall be made available to legal guardians at
				  the time of admission.
C. The
				  provider shall develop and implement written policies for safekeeping and for
				  recordkeeping of any money that belongs to residents.
D. A resident's funds, including any
				  allowance or earnings, shall be used for the resident's benefit.
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 12VAC35-46-1030 - Work and employment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Assignment of chores, that are paid or unpaid work assignments, shall be in
				  accordance with the age, health, ability, and service plan of the
				  resident.
B. Chores shall not
				  interfere with school programs, study periods, meals, or sleep.
C. Work assignments or employment outside the
				  facility, including reasonable rates of pay, shall be approved by the program
				  director with the knowledge and consent of the legal guardian.
D. In both work assignments and employment,
				  the program director shall evaluate the appropriateness of the work and the
				  fairness of the pay.
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 12VAC35-46-1040 - Visitation at the facility and to the resident's home

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall have and implement
				  written visitation policies and procedures that allow reasonable visiting
				  privileges and flexible visiting hours, except as permitted by other applicable
				  state regulations.
B. Copies of the
				  written visitation policies and procedures shall be made available to the
				  parents, when appropriate, legal guardians, the resident, and other interested
				  persons important to the resident no later than the time of admission, except
				  that when parents or legal guardians do not participate in the admission
				  process, visitation policies and procedures shall be mailed to them within 24
				  hours after 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 12VAC35-46-1050 - Resident visitation at the homes of staff

Current through Register Vol. 40, No. 24, July 15, 2024
If a provider permits staff to take residents to the
					 staff's home, the facility must receive written permission of the resident's
					 legal guardian or placing agency before the visit occurs. The written
					 permission shall be kept in the resident's record.
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 12VAC35-46-1060 - Vehicles and power equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Transportation provided for or used by children shall comply with local, state,
				  and federal laws relating to:
1. Vehicle
				  safety and maintenance;
2.
				  Licensure of vehicles;
3. Licensure
				  of drivers; and
4. Child passenger
				  safety, including requiring children to wear appropriate seat belts or
				  restraints for the vehicle in which they are being transported.
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 12VAC35-46-1070 - Serious incident reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  serious incident, accident, or injury to the resident; any overnight absence
				  from the facility without permission; any runaway; and any other unexplained
				  absence shall be reported within 24 hours (i) to the placing agency; (ii) to
				  either the parent or legal guardian, or both as appropriate; and (iii) noted in
				  the resident's record.
B. The
				  provider shall document the following:
1. The
				  date and time the incident occurred;
2. A brief description of the
				  incident;
3. The action taken as a
				  result of the incident;
4. The name
				  of the person who completed the report;
5. The name of the person who made the report
				  to the placing agency and to either the parent or legal guardian; and
6. The name of the person to whom the report
				  was made.
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 12VAC35-46-1080 - Suspected child abuse or neglect

Current through Register Vol. 40, No. 24, July 15, 2024
A. Written policies and procedures related to
				  child abuse and neglect shall be distributed to all staff members. These shall
				  include procedures for:
1. Handling
				  accusations against staff; and
2.
				  Promptly referring, consistent with requirements of the Code of Virginia,
				  suspected cases of child abuse and neglect to the local child protective
				  services unit and for cooperating with the unit during any
				  investigation.
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 12VAC35-46-1090 - Grievance procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provider shall develop and implement written policies and procedures governing
				  the handling of grievances by residents. If not addressed by other applicable
				  regulations, the policies and procedures shall:
1. Be written in clear and simple
				  language;
2. Be communicated to the
				  residents in an age or developmentally appropriate manner;
3. Be posted in an area easily accessible to
				  residents and their parents and legal guardians;
4. Ensure that any grievance shall be
				  investigated by an objective employee who is not the subject of the grievance;
				  and
5. Require continuous
				  monitoring by the provider of any grievance to assure there is no retaliation
				  or threat of retaliation against the child.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part V - Disaster or Emergency Planning › Section 12VAC35-46-1100 - Disaster or emergency planning

Current through Register Vol. 40, No. 24, July 15, 2024
The facility is required to have written procedures to
					 follow in emergencies. It is also required that these plans be known by staff
					 and, as appropriate, residents. It is advisable that the facility devel-op its
					 emergency plans with the assistance of state or local public safety
					 authorities.
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 V - Disaster or Emergency Planning › Section 12VAC35-46-1110 - Emergency and evacuation procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall develop a written
				  emergency preparedness and response plan for all locations. The plan shall
				  address:
1. Documentation of contact with the
				  local emergency coordinator to determine (i) local disaster risks; (ii)
				  communitywide plans to address different disasters and emergency situations;
				  and (iii) assistance, if any, that the local emergency management office will
				  provide to the facility in an emergency;
2. Analysis of the provider's capabilities
				  and potential hazards, including natural disasters, severe weather, fire,
				  flooding, work place violence or terrorism, missing persons, severe injuries,
				  or other emergencies that would disrupt the normal course of service
				  delivery;
3. Written emergency
				  management policies outlining specific responsibilities for provision of
				  administrative direction and management of response activities, coordination of
				  logistics during the emergency, communications, life safety of employees,
				  contractors, students/intern, volunteers, visitors and residents, property
				  protection, community outreach, and recovery and restoration;
4. Written emergency response procedures for
				  assessing the situation; protecting residents, employees, contractors,
				  students/interns, volunteers, visitors, equipment, and vital records; and
				  restoring services. Emergency response procedures shall address:
a. Communicating with employees, contractors,
				  and community responders;
b.
				  Warning and notification of residents;
c. Providing emergency access to secure areas
				  and opening locked doors;
d.
				  Conducting evacuations to emergency shelters or alternative sites and
				  accounting for all residents;
e.
				  Relocating residents, if necessary;
f. Notifying family members, if appropriate,
				  and legal guardians;
g. Alerting
				  emergency personnel and sounding alarms; and
h. Locating and shutting off utilities when
				  necessary;
5. Supporting
				  documents that would be needed in an emergency, including emergency call lists,
				  building and site maps necessary to shut off utilities, designated escape
				  routes, and list of major resources such as local emergency shelters;
				  and
6. Schedule for testing the
				  implementation of the plan and conducting emergency preparedness
				  drills.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1120 - Independent living programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  independent living program must demonstrate that a structured program using
				  materials and curriculum, approved by the department, is being used to teach
				  independent living skills. The curriculum must include information regarding
				  each of the following areas:
1. Money
				  management and consumer awareness;
2. Food management;
3. Personal appearance;
4. Social skills;
5. Health/sexuality;
6. Housekeeping;
7. Transportation;
8. Educational planning/career
				  planning;
9. Job-seeking
				  skills;
10. Job maintenance
				  skills;
11. Emergency and safety
				  skills;
12. Knowledge of community
				  resources;
13. Interpersonal
				  skills/social relationships;
14.
				  Legal skills;
15. Leisure
				  activities; and
16.
				  Housing.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1130 - Mother/baby programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  provider shall develop and implement written policies and procedures to orient
				  direct care staff within 14 days of hire regarding the following:
1. Responsibilities of mothers regarding the
				  child;
2. Child development
				  including age-appropriate behavior for each stage of development;
3. Appropriate behavioral interventions for
				  infants and toddlers;
4. Basic
				  infant and toddler care including but not limited to nutritional needs, feeding
				  procedures, bathing techniques; and
5. Safety issues for infants and
				  toddlers.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1140 - Campsite programs or adventure activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. All wilderness campsite programs and
				  providers that take residents on wilderness/adventure activities shall develop
				  and implement policies and procedures that include:
1. Staff training and experience requirements
				  for each activity;
2. Resident
				  training and experience requirements for each activity;
3. Specific staff-to-resident ratio and
				  supervision plan appropriate for each activity; including sleeping arrangements
				  and supervision during night time hours;
4. Plans to evaluate and document each
				  participant's physical health throughout the activity;
5. Preparation and planning needed for each
				  activity and time frames;
6.
				  Arrangement, maintenance, and inspection of activity areas;
7. A plan to ensure that any equipment and
				  gear that is to be used in connection with a specified wilderness/adventure
				  activity is appropriate to the activity, certified if required, in good repair,
				  in operable condition, and age and body size appropriate;
8. Plans to ensure that all ropes and
				  paraphernalia used in connection with rope rock climbing, rappelling, high and
				  low ropes courses, or other adventure activities in which ropes are used are
				  approved annually by an appropriate certifying organization, and have been
				  inspected by staff responsible for supervising the adventure activity before
				  engaging residents in the activity;
9. Plans to ensure that all participants are
				  appropriately equipped, clothed, and wearing safety gear, such as a helmet,
				  goggles, safety belt, life jacket, or a flotation device, that is appropriate
				  to the adventure activity in which the resident is engaged;
10. Plans for food and water supplies and
				  management of these resources;
11.
				  Plans for the safekeeping and distribution of medication;
12. Guidelines to ensure that participation
				  is conducted within the boundaries of the resident's capabilities, dignity, and
				  respect for self-determination;
13.
				  Overall emergency, safety, and communication plans for each activity including
				  rescue procedures, frequency of drills, resident accountability, prompt
				  evacuation, and notification of outside emergency services; and
14. Review of trip plans by the trip
				  coordinator.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1150 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 37.2-302 and 37.2-408
						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 VI - Special Programs › Section 12VAC35-46-1160 - Clinically managed, medium-intensity residential services Level of care 3.5 staff criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A clinically managed, medium-intensity residential services
					 program shall meet the following staff requirements. The program shall:
1. Ensure the availability of emergency
				  consultation with a licensed physician by telephone or in person in case of
				  emergency related to an individual's substance use disorder, available 24 hours
				  a day, seven days a week. The program shall also provide allied health
				  professional staff 24 hours a day;
2. Provide licensed clinicians who are able
				  to obtain and interpret information regarding the signs and symptoms of
				  intoxication and withdrawal, as well as the appropriate monitoring and
				  treatment of those conditions and how to facilitate entry into ongoing
				  care;
3. Provide appropriately
				  trained staff who are competent to implement physician-approved protocols for
				  the child's or adolescent's observation, supervision, and treatment, including
				  over the counter medications for symptomatic relief, determination for the
				  appropriate level of care, and facilitation of the child's or adolescent's
				  transition to continuing care;
4.
				  Provide staff training that shall include at a minimum the requirements within
				  12VAC35-46-310, and all staff
				  administering over the counter medications shall complete the training program
				  approved by the Board of Nursing and required by subsection L of §
				  54.1-3408 of the Code of Virginia;
5. Provide access, as needed, to medical
				  evaluation and consultation, which shall be available 24 hours a day to monitor
				  the safety and outcome of withdrawal management in this setting, in accordance
				  with the provider's written criteria for admission and discharge as required by
				  12VAC35-46-640 and
				  12VAC35-46-765; and
6. Ensure all clinical staff are qualified by
				  training and experience and appropriately licensed, certified, or registered by
				  the appropriate health regulatory board to serve individuals admitted to the
				  service.
Statutory Authority: §§ 37.2-302 and 37.2-408
						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 VI - Special Programs › Section 12VAC35-46-1170 - Clinically managed, medium-intensity residential services Level of care 3.5 program criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A clinically managed, medium-intensity residential services
					 program shall meet the following programmatic requirements. The program
					 shall:
1. Provide daily clinical
				  services, including a range of cognitive, behavioral, and other therapies in
				  individual or group therapy, programming, and psychoeducation as deemed
				  appropriate by a licensed professional and included in an assessment and
				  treatment plan;
2. Provide
				  counseling and clinical interventions to teach a child or adolescent the skills
				  needed for daily productive activity, prosocial behavior, and reintegration
				  into family and community;
3.
				  Provide motivational enhancement and engagement strategies appropriate to the
				  child's or adolescent's stage of readiness to change and level of
				  comprehension;
4. Have direct
				  affiliations with other easily accessible levels of care or coordinate through
				  referral to more or less intensive levels of care and other services;
5. Provide family and caregiver treatment
				  services as deemed appropriate by a licensed professional and included in an
				  assessment and treatment plan;
6.
				  Provide educational, vocational, and informational programming adaptive to
				  individual needs;
7. Utilize random
				  drug screening to monitor progress and reinforce treatment gains as appropriate
				  to an individual treatment plan;
8.
				  Ensure and document that the length of stay is determined by the child's or
				  adolescent's condition and functioning;
9. Make medication assisted treatment (MAT)
				  available for all individuals with opioid use disorder or alcohol use disorder
				  . MAT may be provided by facility staff or coordinated through alternative
				  resources;
10. Provide educational
				  services in accordance with state law to maintain the educational and
				  intellectual development of the child or adolescent while they are admitted to
				  the service. When indicated, additional educational opportunities shall be
				  provided to remedy deficits in the educational level of children or adolescents
				  who have fallen behind because of their involvement with alcohol and other
				  drugs;
11. Ensure that all children
				  and adolescents served by the residential service have access to the substance
				  use treatment program; and
12.
				  Provide daily clinical services to assess and address the child's or
				  adolescent's withdrawal status and service needs. This may include nursing or
				  medical monitoring, use of medications to alleviate symptoms, or individual or
				  group therapy or programming specific to withdrawal and withdrawal
				  support.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.