reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 12VAC35-12-45 - Notification to licensed providers

Current through Register Vol. 40, No. 24, July 15, 2024
To providers licensed by the department, the department
					 shall send the following information:
1. At or prior to the time a new regulation
				  relating to licensed providers is posted to the Virginia Regulatory Town Hall,
				  the department shall provide direct notice to licensed providers affected by
				  the new regulatory change that such change has been initiated.
2. At the time that the final stage of a
				  regulation is posted to the Virginia Regulatory Town Hall, the department shall
				  provide direct notice to licensed providers affected by the regulatory change
				  that such final stage has been posted.
Statutory Authority: §§
												2.2-4007 -02 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 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 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 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC35-12-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 20 - MANDATORY STANDARDS FOR THE CERTIFICATION OF FIRST OFFENDER DRUG ABUSE DIVERSION AND EDUCATION PROGRAMS [REPEALED] › Section 12VAC35-20-10 to 12VAC35-20-170

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 30 - STANDARDS FOR INTERDEPARTMENTAL REGULATION OF RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED] › Section 12VAC35-30-10 to 12VAC35-30-4420

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 40 - MANDATORY CERTIFICATION/LICENSURE STANDARDS FOR TREATMENT PROGRAMS FOR RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED] › Section 12VAC35-40-10 to 12VAC35-40-340

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-10

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-20

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-25

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-30

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-40

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-50

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-60

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-70

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-80

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-90

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-100

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-110

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-120

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-130

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-140

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-150

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-160

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-170

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-180

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-190

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-200

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 45 - REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] › Section 12VAC35-45-210

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-20 - Service description and applications; required elements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				  determine whether an applicant is subject to these regulations, the applicant
				  must submit a service description initially.
B. Each provider shall have a written service
				  description that accurately describes its structured program of care and
				  treatment consistent with the treatment, habilitation, or training needs of the
				  residential population it serves. Service description elements shall include:
1. The mental health, substance abuse, mental
				  retardation, or brain injury population it intends to serve;
2. The mental health, substance abuse, mental
				  retardation, or brain injury interventions it will provide;
3. Provider goals;
4. Services provided; and
5. Contract services, if any.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-30 - The investigation

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall arrange and conduct an on-site
					 inspection of the facility and a thorough review of the services and an
					 investigation of the character, reputation, status, and responsibility of the
					 applicant.
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 I - General Provisions › Section 12VAC35-46-40 - Review of facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Representatives of the department shall make announced and unannounced reviews
				  during the effective dates of the license. The purpose of these reviews is to
				  monitor compliance with applicable regulations.
B. Representatives of the department shall
				  notify relevant local governments and placing and funding agencies, including
				  the Office of Comprehensive Services, of multiple health and safety or human
				  rights violations in children's residential facilities when such violations
				  result in the lowering of the license to provisional status.
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 I - General Provisions › Section 12VAC35-46-50 - Posting of information

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Information concerning the application for initial licensure of children's
				  residential facilities shall be posted to the department's website by
				  locality.
B. An accurate listing of
				  all licensed facilities including information on renewal, denial, or
				  provisional licensure, and services shall be posted on the department's website
				  by locality.
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 I - General Provisions › Section 12VAC35-46-60 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provider shall demonstrate substantial compliance with these regulations to
				  demonstrate that its program and physical plant provide reasonably safe and
				  adequate care while approved plans of action to correct findings of
				  noncompliance are being implemented and there are no noncompliances that pose
				  an immediate and direct danger to residents.
B. Corporations sponsoring residential
				  facilities for children shall maintain their corporate status in accordance
				  with Virginia law.
C. The provider
				  shall comply with the terms of its license.
D. A license is not transferable and
				  automatically expires when there is a change of ownership or
				  sponsorship.
E. The current license
				  shall be posted at all times in a place conspicuous to the public.
F. A license shall not be issued to a
				  facility when noncompliance poses an immediate danger to a resident's life,
				  health, or safety.
G. Intermediate
				  sanctions authorized by statute may be imposed at the discretion of the
				  department.
H. Each provider shall
				  self-report to the department within 10 days lawsuits against or settlements
				  with residential facility operators relating to the health and safety or human
				  rights of residents and any criminal charges against staff that may have been
				  made relating to the health and safety or human rights of residents.
I. The provider shall comply with all other
				  applicable federal, state, or local laws and regulations.
J. The provider's current policy and
				  procedure manual shall be readily accessible to all staff.
K. Providers shall not engage in willful
				  action or gross negligence that jeopardizes the care or protection of
				  residents.
L. Providers shall not
				  engage in conduct or practices that are in violation of statutes related to
				  abuse or neglect of children.
M.
				  Providers shall not deviate significantly from the program or services for
				  which a license was issued without obtaining prior written approval from the
				  department.
N. Providers shall not
				  make false statements on the application for licensure or misrepresent facts in
				  the application process.
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 I - General Provisions › Section 12VAC35-46-70 - Resident's rights

Current through Register Vol. 40, No. 24, July 15, 2024
Each provider shall guarantee resident rights as outlined
					 in § 37.2-400 of the Code of Virginia and in the Rules and Regulations to
					 Assure the Rights of Individuals Receiving Services from Providers Licensed,
					 Funded, or Operated by the Department of Mental Health, Mental Retardation and
					 Substance Abuse Services (12VAC35-115).
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 I - General Provisions › Section 12VAC35-46-80 - Written corrective action plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. If there is noncompliance with applicable
				  regulations during an initial or ongoing review or investigation, the
				  department shall issue a licensing report describing the noncompliance and
				  requesting the provider to submit a corrective action plan.
B. The provider shall submit to the
				  department and implement a written corrective action plan for each regulation
				  for which the provider is found to be in noncompliance.
C. The corrective action plan shall include
				  a:
1. Description of each corrective action
				  to be taken to correct the noncompliance and to prevent reoccurrence in the
				  future and the person responsible for implementation;
2. Date of completion for each action;
				  and
3. Signature of the person
				  responsible for oversight of the implementation of the pledged corrective
				  action.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-90 - Licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A conditional
				  license shall be issued to a new provider that demonstrates compliance with
				  administrative and policy requirements but has not demonstrated compliance with
				  all of these regulations. A conditional license shall not exceed six months,
				  but may be renewed, not to exceed 12 successive months for all conditional
				  licenses and renewals combined.
B.
				  A provisional license may be issued to a provider that has demonstrated an
				  inability to maintain compliance with these regulations or other applicable
				  regulations, has violations of licensing regulations that pose a threat to the
				  health or safety of residents being served, or has two or more systemic
				  deficiencies.
1. A provisional license may be
				  issued at any time.
2. The term of
				  a provisional license may not exceed six months unless allowed by the Code of
				  Virginia.
3. A provisional license
				  may be renewed, but a provisional license and any renewals shall not exceed 12
				  successive months for all provisional licenses and renewals combined.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-100 - Application fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. There shall be a
				  $500 nonrefundable initial application fee. If the application is closed,
				  denied, or withdrawn all subsequent initial applications shall require another
				  $500 fee.
B. There shall be a $100
				  nonrefundable renewal application fee.
C. A renewal fee shall not be charged to
				  providers directly following the issuance of a conditional license.
D. The application fee shall not apply to
				  state or local government-owned, operated, or contracted facilities.
E. Application fees shall be used for the
				  development and delivery of training for providers and staff of children's
				  residential facilities and regulators of these facilities.
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 I - General Provisions › Section 12VAC35-46-110 - Modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The conditions
				  of a license may be modified during the term of the license with respect to the
				  capacity, residents' age range, facility location, residents' gender, or
				  changes in the services. Limited modifications may be approved during the
				  conditional licensure period.
B.
				  The provider shall submit a written report of any contemplated changes in
				  operation that would affect the terms of the license or the continuing
				  eligibility for licensure to the department.
C. A change shall not be implemented prior to
				  approval by the department. The provider shall be notified in writing within 60
				  days following receipt of the request as to whether the modification is
				  approved or a new license is required.
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 I - General Provisions › Section 12VAC35-46-120 - Denial

Current through Register Vol. 40, No. 24, July 15, 2024
A. An application
				  for licensure may be denied when the applicant:
1. Violates any provision of applicable laws
				  or regulations made pursuant to such laws;
2. Has a founded disposition of child abuse
				  or neglect after the appeal process has been completed;
3. Has been convicted of a crime listed in
				  § 37.2-416 or 63.2-1726 of the Code of Virginia;
4. Has made false statements on the
				  application or misrepresentation of facts in the application process;
5. Has not demonstrated good character and
				  reputation as determined through references, background investigations, driving
				  records, and other application materials;
6. Has a history of adverse licensing actions
				  or sanctions;
7. Permits, aids, or
				  abets in the commission of an illegal act in services delivered by the
				  provider; or
8. Engages in conduct
				  or practices detrimental to the welfare of any individual receiving services
				  from the provider.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-130 - Revocation

Current through Register Vol. 40, No. 24, July 15, 2024
A. A license may be
				  revoked when the provider:
1. Violates any
				  provision of applicable laws or regulations;
2. Engages in conduct or practices that are
				  in violation of statutes related to abuse or neglect of children;
3. Deviates significantly from the program or
				  services for which a license was issued without obtaining prior written
				  approval from the department or fails to correct such deviations within the
				  specified time;
4. Permits, aids,
				  or abets the commission of an illegal act in services delivered by the
				  provider; or
5. Engages in conduct
				  or practices detrimental to the welfare of any individual receiving
				  services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-140 - Summary suspension

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  conjunction with any proceeding for revocation, denial, or other action, when
				  conditions or practices exist that pose an immediate and substantial threat to
				  the health, safety, and welfare of the residents, the commissioner may issue an
				  order of summary suspension of the license to operate a children's residential
				  facility when he believes the operation of the facility should be suspended
				  during the pendency of such proceeding.
B. Prior to the issuance of an order of
				  summary suspension, the department shall contact the Executive Secretary of the
				  Supreme Court of Virginia to obtain the name of a hearing officer. The
				  department shall schedule the time, date, and location of the administrative
				  hearing with the hearing officer.
C. The order of summary suspension shall take
				  effect upon its issuance. It shall be delivered by personal service and
				  certified mail, return receipt requested, to the address of record of the
				  facility as soon as practicable. The order shall set forth:
1. The time, date, and location of the
				  hearing;
2. The procedures for the
				  hearing;
3. The hearing and appeal
				  rights; and
4. Facts and evidence
				  that formed the basis for the order of summary suspension.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-150 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any request for
				  a variance shall be submitted in writing to the department and shall include:
1. Justification why enforcement of the
				  regulation would create an undue hardship;
2. How the facility can comply with the
				  intent of the regulation; and
3.
				  Justification why resident care would not be adversely affected if the variance
				  was granted.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part I - General Provisions › Section 12VAC35-46-160 - Investigation of complaints and allegations

Current through Register Vol. 40, No. 24, July 15, 2024
The department is responsible for complete and prompt
					 investigation of all complaints and allegations made against providers, and for
					 notification of the appropriate persons or agencies when removal of residents
					 may be necessary. Suspected criminal violations shall be reported to the
					 appropriate law-enforcement authority.
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 12VAC35-46-170 - Governing body

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall clearly identify the corporation, association, partnership, individual,
				  or public agency that is the licensee.
B. The provider shall clearly identify any
				  governing board, body, entity, or person to whom it delegates the legal
				  responsibilities and duties of 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 II - Administration › Section 12VAC35-46-180 - Responsibilities of the provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provider shall appoint a qualified chief administrative officer to whom it
				  delegates, in writing, the authority and responsibility for administrative
				  direction of the facility.
B. The
				  provider shall develop and implement a written decision-making plan that shall
				  provide for a staff person with the qualifications of the chief administrative
				  officer or program director to be designated to assume the temporary
				  responsibility for the operation of the facility. Each plan shall include an
				  organizational chart.
C. The
				  provider shall develop a written statement of the objectives of the facility
				  including a description of the target population and the programs to be
				  offered.
D. The provider shall
				  develop and implement written policies and procedures to monitor and evaluate
				  service quality and effectiveness on a systematic and on-going basis. The
				  provider shall implement improvements when indicated.
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 12VAC35-46-190 - Fiscal accountability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Facilities operated by corporations, unincorporated organizations or
				  associations, individuals, or partnerships shall prepare at the end of each
				  fiscal year:
1. An operating statement
				  showing revenue and expenses for the fiscal year just ended;
2. A working budget showing projected revenue
				  and expenses for the next fiscal year that gives evidence that there are
				  sufficient funds to operate; and
3.
				  A balance sheet showing assets and liabilities for the fiscal year just
				  ended.
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 12VAC35-46-200 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall maintain liability insurance covering the premises and the facility's
				  operations.
B. The provider shall
				  provide documentation that all vehicles used to transport residents are
				  insured, including vehicles owned by staff.
C. The members of the governing body and
				  staff who have been authorized to handle the facility's or residents' funds
				  shall be bonded or otherwise indemnified against employee dishonesty.
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 12VAC35-46-210 - Fundraising

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall not use residents in its fundraising
					 activities without written permission of the legal guardian and the permission
					 of residents 14 years or older.
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 12VAC35-46-220 - Weapons

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall develop and implement written policies
					 and procedures governing the possession and use of firearms, pellet guns, air
					 guns, and other weapons on the facility's premises and during facility-related
					 activities. The policy shall provide that no firearms, pellet guns, air guns,
					 or other weapons shall be permitted on the premises or at facility-sponsored
					 activities unless the weapons are:
1.
				  In the possession of licensed security personnel or law-enforcement
				  officers;
2. Kept securely under
				  lock and key; or
3. Used by a
				  resident with the legal guardian's permission under the supervision of a
				  responsible adult in accord with policies and procedures developed by the
				  facility for the weapons' lawful and safe 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 II - Administration › Section 12VAC35-46-230 - Relationship to the department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The provider shall submit or make available to the department such reports and
				  information as the department may require to establish compliance with these
				  regulations and other applicable regulations and statutes.
B. The governing body or its official
				  representative shall notify the department within five working days of any
				  change in administrative structure or newly hired chief administrative officer
				  or program director.
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 12VAC35-46-240 - Facilities serving persons over the age of 17 years

Current through Register Vol. 40, No. 24, July 15, 2024
Facilities that are approved to serve persons over the age
					 of 17 years shall comply with these regulations for all occupants regardless of
					 age, except when it is determined by the department that housing, programs,
					 services, and supervision for such persons are provided separately from those
					 for the other 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 II - Administration › Section 12VAC35-46-250 - Health information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Health
				  information required by this section shall be maintained for each staff member
				  and for each individual who resides in a building occupied by residents,
				  including each person who is not a staff member or resident of the facility.
				  Health information shall be handled, maintained, and stored in a fashion that
				  maintains confidentiality of the information at all times.
B. Tuberculosis evaluation.
1. At the time of hire or residency at the
				  facility, each individual shall submit the results of a screening assessment
				  documenting the absence of tuberculosis in a communicable form as evidenced by
				  the completion of a form containing, at a minimum, the elements of a current
				  screening form published by the Virginia Department of Health. The screening
				  assessment shall be no older than 30 days.
2. Each individual shall annually submit the
				  results of a screening assessment, documenting that the individual is free of
				  tuberculosis in a communicable form as evidenced by the completion of a form
				  containing, at a minimum, the elements of a current screening form published by
				  the Virginia Department of Health.
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 12VAC35-46-260 - Physical or mental health of personnel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider or the department may require
				  a report of examination by a licensed physician or mental health professional
				  when there are indications that an individual's physical, mental, or emotional
				  health may jeopardize the care of residents.
B. An individual who is determined by a
				  licensed physician or mental health professional to show an indication of a
				  physical or mental condition that may jeopardize the safety of residents or
				  that would prevent the performance of duties shall be removed immediately from
				  contact with residents and food served to residents until the condition is
				  cleared as evidenced by a signed statement from the physician or mental health
				  professional.
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 12VAC35-46-270 - Qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Regulations
				  establishing minimum position qualifications shall be applicable to all
				  providers. In lieu of the minimum position qualifications contained in this
				  chapter, providers subject to (i) the rules and regulations of the Virginia
				  Department of Human Resource Management or (ii) the rules and regulations of a
				  local government personnel office may develop written minimum entry-level
				  qualifications in accord with the rules and regulations of the supervising
				  personnel authority.
B. A person
				  who assumes or is designated to assume the responsibilities of a position or
				  any combination of positions described in these regulations after December 28,
				  2007, shall:
1. Meet the qualifications of
				  the position or positions;
2. Fully
				  comply with all applicable regulations for each function; and
3. Demonstrate a working knowledge of the
				  policies and procedures that are applicable to his specific position or
				  positions.
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 12VAC35-46-280 - Job descriptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. There
				  shall be a written job description for each position that, at a minimum,
				  includes the:
1. Job title;
2. Duties and responsibilities of the
				  incumbent;
3. Job title of the
				  immediate supervisor; and
4.
				  Minimum education, experience, knowledge, skills, and abilities required for
				  entry-level performance of the job.
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 12VAC35-46-290 - Written personnel policies and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall have and implement
				  provider approved written personnel policies and make its written personnel
				  policies readily accessible to each staff member.
B. The provider shall develop and implement
				  written policies and procedures to assure that persons employed in or
				  designated to assume the responsibilities of each position possess the
				  education, experience, knowledge, skills, and abilities specified in the job
				  description for the position.
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 12VAC35-46-300 - Personnel records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Separate
				  up-to-date written or automated personnel records shall be maintained for each
				  employee, student/intern, volunteer, and contractual service provider for whom
				  background investigations are required by Virginia statute. Content of
				  personnel records of volunteers, students/interns, and contractual service
				  providers may be limited to documentation of compliance with requirements of
				  Virginia laws regarding child protective services and criminal history
				  background investigations.
B. The
				  records of each employee shall include:
1. A
				  completed employment application form or other written material providing the
				  individual's name, address, phone number, and social security number or other
				  unique identifier;
2. Educational
				  background and employment history;
3. Written references or notations of oral
				  references;
4. Reports of required
				  health examinations;
5. Annual
				  performance evaluations;
6. Date of
				  employment for each position held and separation;
7. Documentation of compliance with
				  requirements of Virginia laws regarding child protective services and criminal
				  history background investigations;
8. Documentation of educational degrees and
				  of professional certification or licensure;
9. Documentation of all training required by
				  these regulations and any other training received by individual staff;
				  and
10. A current job
				  description.