The Virginia Association of Independent Specialized Education Facilities appreciates the periodic review of the Virginia Department of Behavioral Health and Developmental Services Regulations for Children’s Residential Facilities.  We have reviewed the regulations in the context of determining whether the regulation is necessary for the protection of public health, safety, and welfare or for the economic performance of important governmental functions; minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and is clearly written and easily understandable.  In reviewing the regulations, we have identified three regulations that meet these criteria.  Below are the issues with these regulations and our recommendations for improvement.

12VAC35-56-300-B-7:  The interpretation of this regulation states that individuals are not allowed begin working with children prior to the completion of the background check.  However, it often takes three to five weeks to receive the results of the criminal background check.  It will be very difficult to hire staff members when they are unable to start working for three to five weeks pending the results of the criminal history background check.  This creates difficulty in staffing our programs particularly those in rural areas where there is a smaller applicant pool. 

Recommendation:  We certainly understand that for the safety of the children we serve, we need to ensure the competency and safety of the people who are working with them.  Therefore, we recommend that staff members be allowed to work with children in a training capacity prior to the results of the criminal background check coming back.  As part of this training capacity, new staff would train with supervisors and never be left alone with the students until the results from the criminal background history came back.

12VAC35-56-310-C:  Given the amount of time required for both initial training and annual retraining, it is difficult to find time within the calendar to hold the additional 15 hours of training as required by this regulation.  Further, it can often be expensive in that staff members may have to be paid overtime in order to have the time in the schedule to complete the 15 hours of training.  The additional training is costly to programs both in purchasing materials and the potential for overtime salaries.

Recommendation:  We recommend this regulation be removed and programs have the non-mandated option of providing additional training to improve the quality of their services.

12VAC35-56-910-D:  This regulation states a resident must be checked on every 15 minutes whereas the Human Rights regulations require a student in timeout be returned to the group within 30 minutes.  The inconsistency between these regulations does not make it clearly written and easy to understand.

Recommendation:  Align this regulation with the Human rights regulation to remove the inconsistency.

Matthews Center is a member of VAISEF and fully supprts the position paper to include the following:

12VAC35-56-300-B-7:  The interpretation of this regulation states that individuals are not allowed begin working with children prior to the completion of the background check.  However, it often takes three to five weeks to receive the results of the criminal background check.  It will be very difficult to hire staff members when they are unable to start working for three to five weeks pending the results of the criminal history background check.  This creates difficulty in staffing our programs particularly those in rural areas where there is a smaller applicant pool. 

Recommendation:  We certainly understand that for the safety of the children we serve, we need to ensure the competency and safety of the people who are working with them.  Therefore, we recommend that staff members be allowed to work with children in a training capacity prior to the results of the criminal background check coming back.  As part of this training capacity, new staff would train with supervisors and never be left alone with the students until the results from the criminal background history came back.

12VAC35-56-310-C:  Given the amount of time required for both initial training and annual retraining, it is difficult to find time within the calendar to hold the additional 15 hours of training as required by this regulation.  Further, it can often be expensive in that staff members may have to be paid overtime in order to have the time in the schedule to complete the 15 hours of training.  The additional training is costly to programs both in purchasing materials and the potential for overtime salaries.

Recommendation:  We recommend this regulation be removed and programs have the non-mandated option of providing additional training to improve the quality of their services.

12VAC35-56-910-D:  This regulation states a resident must be checked on every 15 minutes whereas the Human Rights regulations require a student in timeout be returned to the group within 30 minutes.  The inconsistency between these regulations does not make it clearly written and easy to understand.

Recommendation:  Align this regulation with the Human rights regulation to remove the inconsistency.

Thank you for the opportunity to commemt

Sincerely,
Kimberli A. Collett

Director of Education Matthews Center

I am the Director Of Program Services at  The Hughes Center in Danville,  THC is a residential treatment center for adolescents with dual diagnoses and has a specilaty area of treating children with Autism Spectrum Disorders. Our program is a n accredited member of VAISEF. I am in agreement with VAISEF's public comment/statement, and strongly believe that issues with inconsistent regulations must be resolved for schools to be able to be in compliance with the many sets of regulations that exist for educating and caring for students in our charge.

As a private day school, we highly endorse the recommendations suggested by VAISEF in regards to the Regulations for Children's Residential Facilities. Below are the recommendations to regulations that we support.

12VAC35-56-300-B-7:  The interpretation of this regulation states that individuals are not allowed begin working with children prior to the completion of the background check.  However, it often takes three to five weeks to receive the results of the criminal background check.  It will be very difficult to hire staff members when they are unable to start working for three to five weeks pending the results of the criminal history background check.  This creates difficulty in staffing our programs particularly those in rural areas where there is a smaller applicant pool. 

Recommendation:  We certainly understand that for the safety of the children we serve, we need to ensure the competency and safety of the people who are working with them.  Therefore, we recommend that staff members be allowed to work with children in a training capacity prior to the results of the criminal background check coming back.  As part of this training capacity, new staff would train with supervisors and never be left alone with the students until the results from the criminal background history came back.

12VAC35-56-310-C:  Given the amount of time required for both initial training and annual retraining, it is difficult to find time within the calendar to hold the additional 15 hours of training as required by this regulation.  Further, it can often be expensive in that staff members may have to be paid overtime in order to have the time in the schedule to complete the 15 hours of training.  The additional training is costly to programs both in purchasing materials and the potential for overtime salaries.

Recommendation:  We recommend this regulation be removed and programs have the non-mandated option of providing additional training to improve the quality of their services.

12VAC35-56-910-D:  This regulation states a resident must be checked on every 15 minutes whereas the Human Rights regulations require a student in timeout be returned to the group within 30 minutes.  The inconsistency between these regulations does not make it clearly written and easy to understand.

Recommendation:  Align this regulation with the Human rights regulation to remove the inconsistency.