Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
chapter
Standards for Licensed Children's Residential Faciliites [22 VAC 40 ‑ 151]
This action is exempt from the executive branch review process.
Action:
Amend Standards for Licensed Children’s Residential to Comply with Code Requirements
 
General Information
Action Summary This regulatory action will change two sections of the Standards for Licensed Children’s Residential Facilities, 22VAC40-151. The first change will repeal 22VAC40-151-90, Summary Suspension, because it is inconsistent with 22VAC40-80-345, Summary suspension procedures, in General Procedures and Information for Licensure, 22VAC40-80, a regulation of general applicability to all entities licensed by the Virginia Department of Social Services. These changes are needed as a result of Chapter 449 of the 2019 Acts of the Assembly, §§ 63.2-1737, 63.2-1709.1, and 63.2-1710.1 of the Code of Virginia (Code). Chapter 449 added summary suspension procedures for all child welfare agencies, which include children’s residential facilities. Summary Suspension, 22VAC40-151-90, will be repealed in its entirety because these requirements will be added to General Procedures and Information for Licensure, 22VAC40-80 and are no longer needed in Standards for Licensed Children’s Residential Facilities, 22VAC40-151. The second change will make Standards for Licensed Children’s Residential Facilities consistent with § 63.2-904 of the Code, as amended by Chapter 446 of the 2019 Acts of the Assembly. Chapter 446 has an effective date of July 1, 2019. Relationship to Regulatory Authority, 22VAC40-151-170, will be amended by adding subsections specifying that the commissioner shall (i) have the authority to place, remove, or direct the placement or removal of any child who is under the supervision and control of a local board or licensed child-placing agency; and (ii) remove or direct the removal of any child placed by a local board or licensed child-placing agency in a children’s residential facility that fails to comply with any state or federal requirements intended to protect the child’s health, safety, or well-being.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article II of the APA and executive branch review.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [006003]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
8660 Final Stage complete. This regulation became effective on 10/17/2019.
 
Contact Information
Name / Title: Janice Sigler 
Address: 801 E. Main Street

Richmond, VA 23219
Email Address: jan.sigler@dss.virginia.gov
Phone: (804)726-7901    FAX: (804)726-7132    TDD: ()-