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Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
chapter
Regulations for Children's Residential Facilities [12 VAC 35 ‑ 46]
 
Guidance Documents
Chapter Information
Description This chapter provides the process and standards for licensing children's residential facilities that provide behavioral health and developmental services and brain injury services. The Department of Behavioral Health and Developmental Services is the licensing authority under these regulations.
State Authority Sections 37.2-408 and 37.2-203 of the Code of Virginia
Federal Authority None entered
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation To articulate requirements to assure the health, safety, care and treatment for children who receive services from providers of residential behavioral health and developmental services and brain injury services.

To provide clear and precise criteria for determining provider accountability and taking actions to enforce compliance.
Meetings See all meetings (9) relating to this chapter.

Contact Information
Name / Title: Susan Puglisi  / Regulatory Research Specialist
Address: Jefferson Building
1220 Bank St., 4th Floor
Richmond, VA 23219
Email Address: susan.puglisi@dbhds.virginia.gov
Telephone: ()-    FAX: (804)371-6638    TDD: (804)371-8977
Current Actions
Action Title Latest Stage Status
Regulatory Overhaul- Repeal and Replace (Part 7 of 7) NOIRA Secretary of Health and Human Resources review in progress.
Alignment with Other State Agency Regulations Fast-Track Attorney General review in progress.
Regulatory Overhaul NOIRA Stage withdrawn on 04/11/2025 before DPB completed its review.
Noncontroversial Regulatory Reductions per ED1 Fast-Track Comment period is underway and will end on 06/05/2025.

Past Actions
Action Title Latest Stage Status
Amendments to align with the Family First Prevention Service Act (FFPSA) Final Stage complete. This regulation became effective on 12/07/2023.
Amendments to align with ASAM criteria in children's residential facilities Final Stage complete. This regulation became effective on 02/17/2023.
Promulgate a new regulation to license children's group homes and residential facilities Fast-Track Stage complete. This regulation became effective on 08/06/2009.

Periodic Reviews
Last Activity Status
6/16/2022 Agency Completed Amend
12/5/2017 Agency Completed Amend
5/3/2013 Agency Completed Retain As Is