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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 6. Criminal Justice and Corrections |
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Agency 35. Department (Board) of Juvenile Justice |
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Chapter 20. Regulation Governing the Monitoring, Approval, Andcertification of Juvenile Justice Programs and Facilities |
Section 85. Determining compliance with individual regulatory requirements
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A. During the audit process, the department shall determine whether the program or facility is compliant with each regulatory requirement. To be found in compliance, the following shall be shown:
1. The program or facility shall:
a. For critical regulatory requirements, demonstrate 100% compliance;
b. For noncritical regulatory requirements with multiple elements, the certification audit team will make a determination of compliance as provided in department procedures that shall require (i) an acceptable percentage of compliance with the entire regulatory requirement or (ii) any single element; or
c. For all noncritical regulatory requirements, demonstrate an acceptable percentage compliance as provided in department procedures.
2. The program or facility shall not have:
a. Any circumstance or condition constituting a pattern of action that presents a concern for the health, welfare, or safety of the residents, program participants, or staff; or
b. Any circumstance or condition that presents an immediate threat to the health, welfare, or safety of the residents, program participants, or staff.
B. The determination of noncompliance shall be a decision made by the entire certification team.
C. For purposes of calculating percentage of compliance, the determination of what constitutes individual regulatory requirements (e.g., section, subsection, subdivision, or element in a list in the regulatory chapter) will be specified as provided in department procedures.
Historical Notes
Derived from Volume 29, Issue 26, eff. September 25, 2013.