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2008 SESSION
083151232Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-323.2, 37.2-408, 63.2-1737, and 66-24 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-323.2. Licensure of services delivered in group homes and residential facilities for children.
A. The Department of Education shall cooperate with
other state departments in fulfilling their respective licensing and
certification responsibilities and in reducing and simplifying the regulations
involved in the licensing and certification of residential schools for students
with disabilities. The Board shall promulgate regulations allowing the
Department of Education to so assist and cooperate with other state
departments.
B. The Board's regulationsBoard
shall promulgate regulations for
licensure of educational programs offered in group homes and residential
facilities licensed by the Department of Social Services. Such regulations
shall address the educational services
required to be provided in such group homes and residential
schoolsfacilities
as it may deem appropriate to ensure the education and safety of the students. In
addition, the Board's regulations shall include, but shall not be limited to
(i) specifications for the structure and accommodations of such homes or
facilities according to the needs of the students; (ii) rules concerning
allowable activities, local government- and facility-imposed curfews, and
study, recreational, and bedtime hours; and (iii) a requirement that each
facility have a community liaison who shall be responsible for facilitating
cooperative relationships with the neighbors, the school system, local law
enforcement, local government officials, and the community at large.
C. In addition to the requirements set forth in
subsection B, the Board's regulations shall require, as a condition of initial
licensure or, if appropriate, license renewal, that the applicant shall: (i) be
personally interviewed by Department personnel to determine the qualifications
of the owner or operator before granting an initial license; (ii) provide
evidence of having relevant prior experience before any initial license is
granted; (iii) provide, as a condition of initial license or renewal licensure,
evidence of staff participation in training on appropriate siting of the
residential facilities for children, good neighbor policies, and community
relations; and (iv) be required to screen residents prior to admission to
exclude individuals with behavioral issues, such as histories of violence, that
cannot be managed in the relevant residential facility.
D. In addition, the Department shall:
1. Notify relevant local governments and placing
and funding agencies, including the Office of Comprehensive Services, of
multiple health and safety or human rights violations in residential facilities
for which the Department serves as lead licensure agency when such violations
result in the lowering of the licensure status of the facility to provisional;
2. Post on the Department's website information
concerning the application for initial licensure of or renewal, denial, or
provisional licensure of any residential facility for children located in the
locality;
3. Require all licensees to self-report 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;
4. Require proof of contractual agreements or staff
expertise to provide educational services, counseling services, psychological
services, medical services, or any other services needed to serve the residents
in accordance with the facility's operational plan; and
5. Modify the term of the license at any time
during the term of the license based on a change in compliance.
§ 37.2-408. Regulation of services delivered in group homes or residential facilities for children.
A. The Department shall assist and cooperate with
other state departments in fulfilling their respective licensing and
certification responsibilities and in reducing and simplifying the regulations
involved in such licensing and certification. The Board shall adopt regulations
that shall allow the Department to so assist and cooperate with other state
departments. The Board may adopt regulations to enhance cooperation and
assistance among agencies licensing similar programs.
B. The Board'sBoard
shall promulgate regulations shallfor
the licensure of services provided in group homes or
residential facilities licensed by the Department of Social Services. Such
regulations shall address the services required to be provided in
group homes and residential facilities for children as it may deem appropriate
to ensure the health and safety of the children. In addition, the
Board's regulations shall include, but shall not be limited to (i)
specifications for the structure and accommodations of such homes and
facilities according to the needs of the children to be placed; (ii) rules
concerning allowable activities, local government- and home- or
facility-imposed curfews, and study, recreational, and bedtime hours; and (iii)
a requirement that each facility have a community liaison who shall be
responsible for facilitating cooperative relationships with the neighbors, the
school system, local law enforcement, local government officials, and the
community at large.
C. Pursuant to the
procedures set forth in subsection D, the Commissioner may issue a summary
order of suspension of the license of a group home or residential facility for
children licensed pursuant to the Board's regulations under subsection A, in
conjunction with any proceeding for revocation, denial, or other action, when conditions
or practices exist in the home or facility that pose an immediate and
substantial threat to the health, safety, and welfare of the children who are
residents and the Commissioner believes the operation should be suspended
during the pendency of such proceeding.
D. The summary order of suspension shall take
effect upon its issuance and shall be served on the licensee or its designee as
soon as practicable thereafter by personal service and certified mail, return
receipt requested, to the address of record of the licensee. The order shall
state the time, date, and location of a hearing to determine whether the
suspension is appropriate. Such hearing shall be held no later than three
business days after the issuance of the summary order of suspension and shall
be convened by the Commissioner or his designee.
After such hearing, the Commissioner may issue a
final order of summary suspension or may find that such summary suspension is
not warranted by the facts and circumstances presented. A final order of
summary suspension shall include notice that the licensee may appeal the
Commissioner's decision to the appropriate circuit court no later than 10 days
following issuance of the order. The sole issue before the court shall be
whether the Department had reasonable grounds to require the licensee to cease
operations during the pendency of the concurrent revocation, denial, or other
proceeding. The concurrent revocation, denial, or other proceeding shall not be
affected by the outcome of any hearing on the appropriateness of the summary
suspension.
The willful and material failure to comply with the
summary order of suspension or final order of summary suspension shall be
punishable as a Class 2 misdemeanor. The Commissioner may require the
cooperation of any other agency or subdivision of the Commonwealth in the
relocation of children who are residents of a home or facility whose license
has been summarily suspended pursuant to this section and in any other actions
necessary to reduce the risk of further harm to children.
E. In addition to the requirements set forth above,
the Board's regulations shall require, as a condition of initial licensure or,
if appropriate, license renewal, that the applicant shall: (i) be personally
interviewed by Department personnel to determine the qualifications of the
owner or operator before granting an initial license; (ii) provide evidence of
having relevant prior experience before any initial license is granted; (iii)
provide, as a condition of initial license or renewal licensure, evidence of
staff participation in training on appropriate siting of the residential
facilities for children, good neighbor policies, and community relations; and
(iv) be required to screen residents prior to admission to exclude individuals with
behavioral issues, such as histories of violence, that cannot be managed in the
relevant residential facility.
F. In addition, the Department shall:
1. Notify relevant local governments and placing
and funding agencies, including the Office of Comprehensive Services, of multiple
health and safety or human rights violations in residential facilities for
which the Department serves as lead licensure agency when such violations
result in the lowering of the licensure status of the facility to provisional;
2. Post on the Department's website information
concerning the application for initial licensure of or renewal, denial, or
provisional licensure of any residential facility for children located in the
locality;
3. Require all licensees to self-report 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;
4. Require proof of contractual agreements or staff
expertise to provide educational services, counseling services, psychological
services, medical services, or any other services needed to serve the residents
in accordance with the facility's operational plan; and
5. Modify the term of the license at any time
during the term of the license based on a change in compliance.
§ 63.2-1737. Licensure of group homes and residential facilities for children.
A. Notwithstanding any other provisions of this
subtitle, the Department shall cooperate with other state departments in
fulfilling their respective licensing and certification responsibilities and in
reducing and simplifying the regulations involved in such licensing and
certification of children's residential facilities. The Board
shall adopt regulations for the interdepartmental regulation
of children's residential facilities, including group homes that shall allow the
Department to assist and cooperate with other state departments in fulfilling
their respective licensing and certification responsibilities and in reducing
and simplifying the regulations involved in such licensing and certification.
Notwithstanding any other provisions of this chapter, licenses issued to
children's residential facilities pursuant to cooperative efforts described in
this section may be issued for periods of up to 36 successive months.
B. The Board's regulations for the interdepartmental regulation
of children's residential facilities shall address the services required to be
provided in such facilities as it may deem appropriate to ensure the health and
safety of the children. In addition, the Board's regulations shall include, but
shall not be limited to (i) specifications for the structure and accommodations
of such facilities according to the needs of the children; (ii) rules
concerning allowable activities, local government- and facility-imposed
curfews, and study, recreational, and bedtime hours; and (iii) a requirement
that each facility have a community liaison who shall be responsible for
facilitating cooperative relationships with the neighbors, the school system,
local law enforcement, local government officials, and the community at large.
C. Notwithstanding any other provisions of this chapter, any
facility licensed by the Commissioner as a child-caring institution as of
January 1, 1987, and that receives no public funds shall be licensed under
minimum standards for licensed child-caring institutions as adopted by the
Board and in effect on January 1, 1987. Effective January 1, 1987, all
children's residential facilities shall be licensed under the interdepartmental
regulations for children's residential facilities.
D. Pursuant to the procedures set forth in subsection E and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a summary order of suspension of the license of any group home or residential facility for children, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the home or facility that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner believes the operation of the home or facility should be suspended during the pendency of such proceeding.
E. The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee. The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate. Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the Commissioner or his designee.
After such hearing, the Commissioner may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee may appeal the Commissioner's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Commissioner had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.
The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Commissioner may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of children who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to such residents.
F. In addition to the requirements set forth in subsection B, the Board's regulations shall require, as a condition of initial licensure or, if appropriate, license renewal, that the applicant shall: (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, and community relations; and (iv) be required to screen residents prior to admission to exclude individuals with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility.
G. In addition, the Department shall:
1. Notify relevant local governments and placing and funding
agencies, including the Office of Comprehensive Services, of multiple health
and safety or human rights violations in residential facilities for
which the Department serves as lead licensure agencylicensed
by the Department when such violations result in the lowering of
the licensure status of the facility to provisional;
2. Post on the Department's website information concerning the application for initial licensure of or renewal, denial, or provisional licensure of any residential facility for children located in the locality;
3. Require all licensees to self-report 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;
4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan;
5. Disseminate to local governments, or post on the
Department's website, an accurate (updated weekly or monthly as necessary) list
of licensed and operating group homes and other residential facilities for
children by locality with information on services and identification of
the lead licensure agency; and
6. Modify the term of the license at any time during the term of the license based on a change in compliance.
§ 66-24. Community group homes and other residential facilities for certain juveniles; licensure; personnel; summary suspension under certain circumstances; penalty.
A. The Department of Juvenile Justice shall
cooperate with other state departments in fulfilling their respective licensing
and certification responsibilities and in reducing and simplifying the
regulations involved in the licensing or certification of children's
residential facilities. The Board shall promulgate regulations that shall allow
the Department to so assist and cooperate with other state departments.
B.A. The
Department is authorized to establish and maintain such a system of community
group homes or other residential care facilities as the Department may from
time to time acquire, construct, contract for or rent for the care of juveniles
in direct state care, pending development of more permanent placement plans.
Any community group home or other residential care facility that the Department
may contract for or rent for the care of juveniles in direct state care shall
be licensed or certified in accordance with the regulations of the Board.
Any more permanent placement plans shall consider adequate care and treatment, and suitable education, training and employment for such juveniles, as is appropriate.
C.B. The
Department is further authorized to employ necessary personnel for community
group homes or other residential care facilities or to contract with private
entities for their operation.
D.C. The
Board shall promulgate regulations for licensure or certification of community
group homes or other residential care facilities that contract with or are
rented for the care of juveniles in direct state care pursuant to subsection BA.
The Board's regulations shall address the services required to be provided in such facilities as it may deem appropriate to ensure the welfare and safety of the juveniles. In addition, the Board's regulations shall include, but need not be limited to (i) specifications for the structure and accommodations of such facilities according to the needs of the juveniles to be placed in the home or facility; (ii) rules concerning allowable activities, local government- and group home- or residential care facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large.
E.D.
Pursuant to the procedures set forth in subsection FE
and in addition to any other legally authorized disciplinary actions, the
Director may issue a summary order of suspension of the license or certificate
of any group home or residential facility so regulated by the Department, in
conjunction with any proceeding for revocation, denial, or other action, when
conditions or practices exist in the home or facility that pose an immediate
and substantial threat to the health, safety, and welfare of the juveniles who
are residents and the Director believes the operation of the home or facility
should be suspended during the pendency of such proceeding.
F.E. The
summary order of suspension shall take effect upon its issuance and shall be
served on the licensee or certificate holder or its designee as soon as
practicable thereafter by personal service and certified mail, return receipt
requested, to the address of record of the licensee or certificate holder. The
order shall state the time, date, and location of a hearing to determine whether
the suspension is appropriate. Such hearing shall be held no later than three
business days after the issuance of the summary order of suspension and shall
be convened by the Director or his designee.
After such hearing, the Director may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented. A final order of summary suspension shall include notice that the licensee or certificate holder may appeal the Director's decision to the appropriate circuit court no later than 10 days following issuance of the order. The sole issue before the court shall be whether the Director had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding. The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.
The willful and material failure to comply with the summary order of suspension or final order of summary suspension shall be punishable as a Class 2 misdemeanor. The Director may require the cooperation of any other agency or subdivision of the Commonwealth in the relocation of the juveniles who are residents of a home or facility whose license or certificate has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to such residents.
G.F. In
addition to the requirements set forth above, the Board's regulations shall
require, as a condition of initial licensure or, if appropriate, license
renewal, that the applicant shall: (i) be personally interviewed by Department
personnel to determine the qualifications of the owner or operator before granting
an initial license; (ii) provide evidence of having relevant prior experience
before any initial license is granted; (iii) provide, as a condition of initial
license or renewal licensure, evidence of staff participation in training on
appropriate siting of the residential facilities for children, good neighbor
policies, and community relations; and (iv) be required to screen residents
prior to admission to exclude individuals with behavioral issues, such as
histories of violence, that cannot be managed in the relevant residential
facility.
H.G. In
addition, the Department shall:
1. Notify relevant local governments and placing and funding
agencies, including the Office of Comprehensive Services, of multiple health
and safety or human rights violations in residential facilities for
which the Department serves as lead agencylicensed by the
Department when such violations result in the lowering of the
licensure or certification status of the facility to provisional;
2. Post on the Department's website information concerning the application for initial licensure or certification of or renewal, denial, or provisional licensure or certification of any residential facility for children located in the locality;
3. Require all licensees or certificate holders to self-report 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;
4. Require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan; and
5. Modify the term of the license or certificate at any time during the term of the license or certificate based on a change in compliance.