22VAC40-100 Minimum Standards for Licensed Child Caring Institutions

REGULATIONS

Vol. 32 Iss. 7 - November 30, 2015

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Chapter 100

Fast-Track Regulation

Title of Regulation: 22VAC40-100. Minimum Standards for Licensed Child Caring Institutions (amending 22VAC40-100-10, 22VAC40-100-340).

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 30, 2015.

Effective Date: January 15, 2016.

Agency Contact: Sharon Lindsay, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Basis: Section 63.2-217 of the Code of Virginia provides the State Board of Social Services the general authority for the development of regulations to carry out the purposes of Title 63.2 of the Code of Virginia. Sections 63.2-1701, 63.2-1817, 63.2-1734, 16.1-278.2, 16.1-278.4, and 16.1-278.8 of the Code of Virginia mandate licensure of child welfare agencies, except those that meet the exemptions contained in §§ 63.2-1715 through 63.2-1718. Child caring institutions are defined as children's residential facilities, and children's residential facilities fall under the definition of child welfare agencies. Those child caring institutions established prior to January 1, 1987, that receive no public funds are licensed under the Minimum Standards for Licensed Child Caring Institutions. Child caring institutions established on or after January 1, 1987, are licensed under the regulation established for children's residential facilities.

Purpose: The amendments are necessary to remove references to repealed Code of Virginia sections and add the correct citations in the regulation. This regulatory action protects the health, welfare, and safety of children in care in child caring institutions by clarifying the Code of Virginia references used in the regulation.

Rationale for Using Fast-Track Process: Executive Order 17 (2014) allows state agencies to use a fast-track rulemaking process to expedite regulatory changes that are expected to be noncontroversial. As part of the periodic review process, the Office of the Attorney General advised the use of the fast-track rulemaking process to make minor amendments to Code of Virginia references, as these actions are not expected to be controversial.

Substance: The regulation is amended to remove references to repealed Code of Virginia sections in the regulation and replace them with the correct references.

Issues: The primary advantage of this regulatory action to the agency and to the public is that it clarifies Code of Virginia citations for easier reference. There are no disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) proposes to amend its regulations that govern licensed child caring institutions so that it is clear the statutory authority for this licensure program emanates from § 63.1 of the Code of Virginia as it existed on January 1, 1987.

Result of Analysis. Benefits likely outweigh costs for all proposed changes.

Estimated Economic Impact. Current regulations list the Code of Virginia Title which defined child caring institutions and gave the Board authority to license them. Since this Code section has since been repealed, and is no longer in the Code of Virginia, the current regulations can be confusing for individuals that use the code citations listed to try and find the authorizing legislation. To make these regulations more clear, the Board proposes to specify the version of the Code of Virginia that is being referenced. Although this addition will not make it any easier for interested individuals to find the statutory authorization for this licensure program in the Code of Virginia, it will make it clearer why that Code section is so hard to track down.

Businesses and Entities Affected. Board staff reports there are currently seven licensed child caring institutions in the Commonwealth.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This proposed regulatory action is unlikely to have any effect on employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. No small business is likely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small business is likely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Agency's Response to Economic Impact Analysis: The Department of Social Services reviewed the economic impact analysis prepared by the Department of Planning and Budget and concurs.

Summary:

The amendments remove references to repealed Code of Virginia sections in the regulation and add the correct references.

Part I
General

22VAC40-100-10. Definitions.

A. A child caring institution, as defined in Chapter 10 (§ 63.1-195 et seq.) of Title 63.1 of the Code of Virginia as provided for in subsection C of § 63.2-1737 of the Code of Virginia, is any facility, other than an institution operated by the State state, a county, or a city, and maintained for the purpose of receiving children for full-time care, maintenance, protection, and guidance separated from their parents or guardians except:

1. A bona fide educational institution (or or boarding school) school whose pupils, in the ordinary course of events, return annually to the home of their parents or guardians for not less than two months of summer vacation;

2. An establishment required to be licensed as a summer camp; and

3. A bona fide hospital legally maintained as such.

B. A group home is a child caring institution operated by an individual other than in his private family home or by a corporation which does not exceed 12 children, including the group parents' own children.

C. An independent foster home is a private individual foster home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child placing agency except (i) a home in which are received only children related by birth or adoption of the person who maintains such home and legitimate children of personal friends of such person and (ii) a home in which are received a child or children committed under the provisions of subdivisions A 3, C 5 or E 9 of § 16.1-279 of the Code of Virginia, subdivision A 4 of § 16.1-278.2, subdivision 6 of § 16.1-278.4, or subdivision A 13 of § 16.1-278.8 of the Code of Virginia.

Any facility caring for more than 12 such children shall not be deemed an independent foster home.

An independent foster home is subject to a different set of standards.

22VAC40-100-340. Confidentiality.

The child caring institution shall share only that information relative to the needs of others working with the child or to those having a legal right to that information in conformity with § 63.1-209, Code of Virginia, which provides the following:

(a) "1. Confidential records. The records of all child welfare agencies and representatives of the Commissioner commissioner regarding licensing and persons received or placed out by them and the facts learned by them concerning such persons and their parents or relatives shall be confidential information, provided that the Commissioner commissioner, the State Board board, and their agents shall have access to such information, that it shall be disclosed upon proper order of any court, and that it may be disclosed to any person having a legitimate interest in the placement of any such person. It shall be unlawful for any officer, agent, or employee of any child welfare agency, for the Commissioner commissioner, the State Board board, or their agents or employees, and for any person who has held any such position, and for any other person to whom any such information is disclosed as herein above provided, to disclose, directly or indirectly, any such confidential information, except as herein provided. Every violation of this section shall constitute a misdemeanor and be punishable as such.

(b) 2. Any person who has attained his majority, and who has not been legally adopted in accordance with the provisions of former Chapter 11 (§ 63.1-220 et seq.) of this title Title 63.1 of the Code of Virginia, and who believes that he has been placed out by a child placing agency, shall have the right to demand and receive from the Commissioner commissioner, the State Board board, or any such agency, such information as any of them may have concerning his own parents or relatives."

VA.R. Doc. No. R16-3582; Filed November 3, 2015, 10:17 a.m.