12VAC35-106-240: The Code of VA references, 19.2-389 and 392, throughout this paragraph are for children, elderly, and disabled; the subpara's make no reference to 37.2-416 and 37.2-506.  The refs to 19.2.... give only instructions for that particular population.  

Subpara 2:  the registry checks take 7 - 10 days to get the results, the VSP check only a few days.  This wait could be fatal to making an offer - not timely.  The current process allows for the results to be received after the initial employment date, and with a provision that the employee could be released.  The assumption should be that there would be a corresponding barrier crime reflected on the VPS check which we get back in only a few days of submission. 

Subpara 3:  if we cannot hire someone with a barrier crime, then why is this para needed?  If the purpose is to document why someone could not be hired at all, then that documented reason needs to be recorded, but in a recruitment file, not a personnel file. 

Subpara 3: 20% of ALL employees, even those not in direct client care?  If this has to include the registry check, then our annual cost would be nearly $5,000 (population of 500 to then test 100/year @$27 each, plus $12 each for local sheriff fingerprinting; and DSS check @10 each).  Then add to that new and recurring HR staff time to monitor/administer; and "lost" time (and revenue) by the staff member being checked.  Unless there have been excessive problems in the past, this requirement seems excessive and burdensome. 

The current regulations specify background checks only for those hired on/after July 1, 1999.  If that provision is not included in the revision, then there will be a lot of staff to be processed and the enormous expense; and to be accomplished by when?

12VAAC35-106-250: 

Subpara 2: do we go back to get transcripts on the very tenured staff; does this include High School diplomas.

Subpara 5:  What about those that don't have 3 previous employers?  Non client care staff also?  Past employers not still in business or unwilling to give info.

12VAC35-106-300: 

Subpara B1:  It is virtually impossible with current HR and related staff to get this done, especially in a rural area spread over 2200 square miles.  I would have to have more training staff (expense) to get this done.  And for para 4: this is an impossible staffing nightmare to accommodate.

Subpara C: This annual requirement exceeds the normal CPR/First Aid 2 year expiration.  Behavior intervention normally is 2 years.  Med Management does not have an expiration.  The cost and managing this annual requirement is excessive, too costly, and very burdensome. 

12VAC35-106-310:  The CSB's should be trusted to implement policies that comply with the Department's regulations.  This requirement amounts to unnecessary detail management and control; especially prior to implementation of the change.