Action:
Emergency regulation to address community concerns regarding children's residential facilities.
Action 2066
General Information
| Action Summary |
This emergency regulation is necessitated by Chapters 168 and 781 of the 2006 Acts of Assembly, requiring that regulations to implement provisions of the chapters be effective within 280 days of enactment.
Substantive changes to the regulation include provisions to issue an order of summary suspension when conditions or practices exist in a children’s residential facility that pose an immediate and substantial threat to the health, safety and welfare of the residents of a children’s residential facility (CRF); a requirement that each facility name a community liaison; the addition of requirements regarding curfews and study; requirements that the applicant for licensure to operate a children’s residential facility be personally interviewed by licensing/certification staff to determine the applicant’s qualifications, provide evidence that operators have prior relevant experience and education, that staff have participated in training on appropriate siting of the residential facility, good neighbor policies and community relations, and that residents are screened prior to admission to exclude individuals with behavioral issues that cannot be managed in the residential facility. In addition, requirements were added that the regulatory authority for a CRF must notify relevant local governments including the Office of Comprehensive Services of multiple health and safety or human rights violations when the violations result in a provisional license for the facility; the regulatory authority must post on the Department’s web site information regarding licensure of children’s residential facilities; and that the children’s residential facility must show proof of staff expertise and to self-report all lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of residents. The regulation will now allow the license or certificate of a children’s residential facility to be changed during the term of the license or certificate based on compliance. Changes were also made to ensure that services are provided in children’s residential facilities to ensure the health, education and safety of children. |
| Chapters Affected |
Only affects this chapter.
|
| Executive Branch Review |
This action will go through the normal Executive Branch Review process.
|
| RIS Project |
Yes [000608] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
3688
|
Emergency
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Stage complete. Emergency regulation expired on 12/27/2007. |
Contact Information
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Name / Title:
|
L. Richard Martin, Jr.
/
Director
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Address:
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Office of Legislative and Regulatory Affairs
7 North Eighth Street, Room 5214
Richmond, VA 23219
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Email Address:
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richard.martin@dss.virginia.gov
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Phone:
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(804)726-7902
FAX: (804)726-7006
TDD: (800)828-1120
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This person is the primary contact for this board.
