6VAC35-60 Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

REGULATIONS

Vol. 25 Iss. 24 - August 03, 2009

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF JUVENILE JUSTICE

Chapter 60

Proposed Regulation

Title of Regulation: 6VAC35-60. Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs (amending 6VAC35-60-10, 6VAC35-60-40, 6VAC35-60-50, 6VAC35-60-71, 6VAC35-60-170, 6VAC35-60-190, 6VAC35-60-215, 6VAC35-60-225, 6VAC35-60-236, 6VAC35-60-290, 6VAC35-60-320, 6VAC35-60-330, 6VAC35-60-380, 6VAC35-60-415, 6VAC35-60-450, 6VAC35-60-500, 6VAC35-60-575, 6VAC35-60-580, 6VAC35-60-600; repealing 6VAC35-60-180, 6VAC35-60-237).

Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on October 2, 2009.

Agency Contact: Janet P. Van Cuyk, Regulatory Coordinator, Department of Juvenile Justice, 700 Centre, 700 East Franklin Street, 4th Floor, Richmond, VA 23219, telephone [phone], FAX (804) 371-0773, or email [e-mail].

Basis: The Board of Juvenile Justice is entrusted with general authority to promulgate regulations by § 66-10 of the Code of Virginia, which states the board may "promulgate such regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth administered by the Director or the Department." Additionally, § 66-28 of the Code of Virginia requires the Board of Juvenile Justice to "prescribe policies governing applications for grants pursuant to this chapter and standards for the operation of programs developed and implemented under the grants."

Purpose: The Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs, 6VAC35-60, establishes the general requirements for recipients of grant funding under the Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia). The Delinquency Prevention and Youth Development Act requires the director of the Department of Juvenile Justice to develop and supervise delinquency prevention and youth development programs and authorizes the director to make grants to counties and cities to support their delivery of youth services and their response to juvenile delinquency. The Board of Juvenile Justice is also required to develop regulations to govern the application for grants and the operation of programs funded under the Act. This regulation addresses the responsibilities and administration of Youth Services Citizen Boards and also sets minimum standards for the administration of Offices on Youth; addressing community needs assessments, planning, personnel and operations, fiscal management, and program monitoring and evaluation.

While the Delinquency Prevention and Youth Development Act has not been funded by the General Assembly in recent years, on several occasions localities have requested funding to be reinitiated. Should the Act be funded, any applicable grant recipient would be subject to the regulation. A number of administrative changes have occurred since 2002 when the regulation was most recently amended. Thus, during the periodic review period, the regulation was reviewed in light of current practices, in consultation with local offices on youth, and in consideration of future grant recipients. The proposed changes will incorporate current practice into the existing framework.

The proposed amendments to this regulation will protect the health, safety, and welfare of citizens by streamlining processes and promoting uniformity throughout the Commonwealth. The proposed amendments will reduce some bureaucratic and administrative requirements required under the current regulations with the goals of improving the quality of services provided under grant programs in the community and reducing juvenile delinquency rates in subject localities.

Substance: The following changes have been proposed for the Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs Regulation:

• Changed annual plan requirement to biennial comprehensive plan to coincide with other planning required by localities, including budgeting. The "Biennial Comprehensive Plan" is defined in 6VAC35-60-10 and references thereto are changed throughout the regulation.

• Defined and required "Annual Grant Programs Update" as provided in the Code of Virginia (6VAC35-60-10 and 6VAC35-60-500). This proposed change, combined with the requirement for a biennial comprehensive plan, will streamline the budget, review, and updating process; keep the lines of communication open between DJJ and the grant recipients; and reduce duplicative reporting.

• Removed requirement for a full-time director (6VAC35-60-180) given the staffing requirements already provided in 6VAC35-60-225.

• Amended the background check (6VAC35-60-236) to be required if the volunteer or staff will provide services directly to a juvenile on a regular basis and will be alone with the juvenile performing these duties. Deleted 6VAC35-60-237 (employee background checks) as it would be duplicative given the amendments to 6VAC35-60-236.

• Amended the needs assessment (6VAC35-60-450) to require two components to be evaluated every two years with all four updated over a four-year cycle. As currently drafted, one component must be evaluated annually, with all four evaluated over the four-year cycle. The proposed amendment allows some flexibility in the review with the end result (each component being evaluated over the four-year cycle) remaining intact.

• 6VAC35-60-575 is amended to reflect changes in the referenced regulatory provisions.

• Subdivision 3 in 6VAC35-60-600 is deleted as appropriate qualifications are required by 6VAC35-60-225, the applicable professional licensing authority, and the Standards for the Nonresidential Services Available to Juvenile and Domestic Relations District Courts (6VAC35-150).

Issues: The proposed amendments have been vetted through an advisory committee consisting of individuals who would be affected by the changes should funding be reinitiated. The proposed amendments would streamline the reporting requirements while not affecting the quality of services provided by grant recipients or the ability of the department to oversee such functioning. The proposed amendments do not pose any disadvantages to the public or the Commonwealth.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (Board) proposes to amend its regulations governing delinquency prevention programs. Specifically, the Board proposes to update language in these regulations as well as revise a requirement that recipients of grant funds submit comprehensive program plans annually. The Board also proposes to allow greater flexibility for localities to complete needs assessments in the required four year cycle.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. To account for legislative changes that have occurred since these regulations were last reviewed in 2002 and to clarify some regulatory provisions; the Board proposes to update definitions and regulatory language with this proposed action. For instance, the Board proposes to remove language that required the Office of Youth to have a paid, full-time director because this language might be incorrectly interpreted as requiring that this person only supervise delinquency prevention programs. This deletion will clear up confusion on this point while still insuring proper staffing of programs under another provision of these regulations. Regulated entities are very unlikely to incur any additional costs on account of the amendments that the Board proposes to clarify/update provisions of these regulations. To the extent that regulatory language was unclear about Board expectations, regulated entities will benefit from these regulatory changes.

In addition to clarifying changes, the Board proposes two substantive changes that will allow regulated entities greater flexibility in meeting the requirements of these regulations.

Current regulations require recipients of grant funds to annually submit a comprehensive written plan that lists the goals and objectives of grant funded programs and also assesses the needs of the community in which these programs are implemented. The Board proposes to amend this requirement so that comprehensive written plans will only be submitted biennially; a status report that assesses youth and parenting programs available in localities and explains any changes that are planned for programs covered by grant funds will be submitted annually. This proposed change will likely decrease the resources that recipients of grant monies will have to expend on gathering and compiling information for the required comprehensive plan that will now only have to be submitted every other year. Since the newly required annual update requires less information to be submitted, grant recipients will likely save money, time and staff resources under the proposed regulations.

Current regulations also require localities to assess community youth needs with an assessment list with four component parts; current regulations require localities to assess at least one of these components each year so that a complete assessment is completed every four years. The Board proposes to allow localities greater flexibility in completing their task by requiring at least two of the required components be assessed every two years. Localities will still have to complete all portions of a youth needs assessment every four years but will likely benefit from the greater flexibility to complete this assessment in a more efficient manner.

Businesses and Entities Affected. The Department of Juvenile Justice (DJJ) reports that these proposed regulations will affect any localities that apply for, and receive, grant funds through these programs. Because these programs have not been funded since 2003, no localities are currently affected.

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

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely 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.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Juvenile Justice concurs with the economic impact analysis prepared by the Department of Planning and Budget regarding 6VAC35-60.

Summary:

The proposed amendments (i) change annual plan requirement to biennial comprehensive plan to coincide with other planning required by localities; (ii) define and require "annual grant programs update" as provided in the Code of Virginia; (iii) remove the requirement for a full-time director; (iv) require a background check if the volunteer or staff will provide services directly to a juvenile on a regular basis and will be alone with the juvenile performing these duties; and (v) amend the needs assessment to require two components to be evaluated every two years with all four updated over a four-year cycle.

Part I
General Provisions

6VAC35-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alternative day treatment" or "structured day programs" means nonresidential programs that provide services, which may include counseling, supervision, recreation, and education to referred juveniles at a central facility.

"Annual Plan grant programs update" means a written plan, covering a single fiscal year, setting forth measurable goals and objectives for developing, coordinating, and evaluating youth services. The Annual Plan is to be based on an assessment of the community's needs submitted annually to the director of the department by recipients of grant funding requesting renewal of the grant funding and detailing the status of youth services provided in accordance with the Biennial Comprehensive Plan. The annual grant programs update shall include an inventory of youth and parenting related services and programs available in the locality and shall incorporate revisions or modifications of the locality's comprehensive plan as deemed necessary by the youth needs assessment.

"Background check" means steps taken to ascertain whether various records on a person include criminal acts or other circumstances that would be detrimental to juveniles or their families or to the integrity of a program, in addition to a driving record check where applicable to job function.

"Biennial Comprehensive Plan" means a written plan covering two fiscal years and coinciding with the Commonwealth's biennial budget cycle and appropriations plan that sets forth measurable goals and objectives for developing, coordinating, and evaluating youth services. The biennial plan shall be based on an assessment of the community's needs and resources and updated annually, as needed.

"Counseling" means the planned use of interpersonal relationships to promote behavioral change or social adjustment.

"Department" means the Department of Juvenile Justice.

"Direct service programs or services" means programs or services in which Office on Youth staff, assigned Youth Services Citizen Board members, or Office on Youth volunteers, are the primary providers of a service involving ongoing person-to-person contact with youth or families.

"Individual service or contact plan" means a written plan of action developed, updated as needed, and modified at intervals to meet the needs of each a juvenile or adult. It specifies measurable short-term and long-term goals, the methods objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Local governing body" means a city board, commission, or council or other body by whatever name it may be known, in which the general legislative powers of the city or town are vested or a county board of supervisors.

"Locality" means the city, county, town, or combination thereof served by an Office on Youth.

"Monitoring review" means the written report completed by designated department personnel based on an on-site review of the progress made toward goals and objectives identified in the Office on Youth's Annual Biennial Comprehensive Plan.

"Office on Youth" means the staff and the place of business of the staff of the local entity funded by the authority of the Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia).

"Sponsoring locality" means the locality that is the fiscal agent or administrator of the grant.

"Supervision" means visiting or making other contact with or about, or providing treatment, rehabilitation, or services to, a juvenile as required by the court, court service unit staff by an intake officer, for parole purposes, or by a designated referral source.

"Time-out" means a systematic behavior management technique designed to reduce or eliminate inappropriate behavior by temporarily removing a juvenile from contact with people or other reinforcing stimuli.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides goods or services to the program without compensation.

"Youth needs assessment" means an objective assessment of the community's youth development and delinquency prevention needs and resources.

"Youth Services Citizen Board" means the board appointed by the county or city locality's governing body or combination thereof in accordance with § 66-34 of the Code of Virginia.

Part II
Youth Services Citizen Board

6VAC35-60-40. Terms.

Youth Services Citizen Board members shall be appointed by the local governing body, for a term of no less than three years and not more than five years and may be reappointed; appointments shall be staggered for continuity. At least one Youth Services Citizen Board member shall be below the age of 18 years at the time of appointment. Youth Any members who are below the age of 18 at the time of appointment shall serve one-year terms and may be reappointed as eligible.

6VAC35-60-50. Restrictions.

No title, position, or agency shall be appointed to the Youth Services Citizen Board.

6VAC35-60-71. Youth Services Citizen Board responsibilities.

The responsibilities of the Youth Services Citizen Board shall be delineated in writing in a form approved by the local governing body. These responsibilities shall include making recommendations, at least annually, to the local governing body regarding the contents of the Biennial Comprehensive Plan and its implementation.

Part III
Office on Youth Administration

Article 1
General Requirements of Direct Service for Programs and Services

6VAC35-60-170. Implementation of strategies.

The Office on Youth shall implement the strategies to accomplish the goals and objectives as established and authorized in the Annual Biennial Comprehensive Plan.

Article 2
Personnel and Operations

6VAC35-60-180. Director. (Repealed.)

The Office on Youth shall have one paid full-time director.

6VAC35-60-190. Support services.

The Office on Youth shall have access to clerical and other support services, as needed.

6VAC35-60-215. Staffing requirements.

The Youth Services Citizen Board, if a policy making board, or the city manager or county administrator, with the advice of the Youth Services Citizen Board if an advisory board, shall establish (i) the number of staff; (ii) a written job description for each position; and (iii) the minimum knowledge, skills, and abilities required for each position.

6VAC35-60-225. Staff and volunteer qualifications and training.

A. Staff and volunteers shall be qualified and trained for the positions and duties to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed, certified, or qualified, as required by law.

6VAC35-60-236. Volunteer background check Background checks.

Where available, Offices on Youth shall follow the sponsoring locality's policies and procedures to secure background checks for volunteers and staff. In the absence of such local policies, Offices on Youth shall develop a policy to ascertain, for all volunteers and staff who provide one-on-one services directly to youth outside a group setting a juvenile on a regular basis and will be alone with the juvenile in the performance of their duties, whether there are criminal acts or other circumstances that would be detrimental to the safety of the youth or families with whom they come in contact.

6VAC35-60-237. Employee background check. (Repealed.)

Offices on Youth shall follow the sponsoring locality's policies and procedures in securing background checks for full-time Office on Youth staff. In the absence of such sponsoring locality's policy covering background checks for employees, the Office on Youth shall develop a policy to ascertain whether there are any criminal acts or other circumstances that would be detrimental to the safety of the youth or families with whom they come in contact or that would compromise the integrity of the program.

Article 3
Staff Training and Development

6VAC35-60-290. Training program.

A program of training with defined objectives relating to the job description and the Annual Plan shall be written biennially with the Biennial Comprehensive Plan and shall be updated annually, as needed, for each full-time position established for the Office on Youth.

Article 4
Fiscal Management

6VAC35-60-320. Budget review.

The Youth Services Citizen Board shall review and comment on the proposed annual operating budget of the Office on Youth.

6VAC35-60-330. Budget submission.

The sponsoring locality shall submit annually every two years, in accordance with the state's biennial budget process, to the Department of Juvenile Justice department the approved operating budget for the Office on Youth showing appropriated revenue and projected expenses for the coming year.

6VAC35-60-380. Purchasing procedures.

The sponsoring locality's purchasing policies and procedures shall govern purchasing of supplies, materials, equipment, and services.

6VAC35-60-415. Evaluation.

The Office on Youth shall provide for an evaluation of program effectiveness in the Annual Biennial Comprehensive Plan.

Part IV
Programs and Services

6VAC35-60-450. Needs assessment contents.

The assessment of the community's youth development and delinquency prevention needs and resources youth needs assessment shall include but not be limited to:

1. A detailed compilation of the problems, needs, opportunities, and conditions of youth in the community that is based on:

a. Youth-service agencies' opinions;

b. An analysis of public opinion;

c. An analysis of youth attitudes and behaviors; and

d. An analysis of available current archival data.

At least one two of the above components shall be updated each year, at a minimum, every two years with the resulting updated information being incorporated into the Annual Biennial Comprehensive Plan. All four components shall be updated over a four-year cycle.

2. A comprehensive inventory of current programs and resources affecting youth, including:

a. Identifying information;

b. Program descriptions;

c. Clientele served; and

d. Fee requirements.

6VAC35-60-500. Annual reports.

Annually, the Youth Services Citizen Board shall submit a written report the annual grant programs update to the local governing body and send copies to the designated personnel at the Virginia Department of Juvenile Justice department regarding progress toward meeting the goals and objectives identified in the Annual Biennial Comprehensive Plan.

Part V
Standards for Direct Service Programs

Article 3
General Requirements of Direct Service Programs and Services

6VAC35-60-575. Applicability of nonresidential standards.

Direct service programs operated by Offices on Youth shall comply with the following Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts, as applicable to the direct service program:

6VAC35-150-450 (limitation of contact with juveniles);

6VAC35-150-460 (qualifications of program personnel) (personnel qualifications);

6VAC35-150-470 (medical emergencies) affecting youth in a program);

6VAC35-150-490 (juveniles' rights);

6VAC35-150-500 (juvenile participation in research);

6VAC35-150-510 (case management requirements);

6VAC35-150-520 (confidentiality of records);

6VAC35-150-530 (documentation and reporting of certain incidents) (incident documentation and reporting);

6VAC35-150-540 (reporting of suspected child abuse and neglect) (child abuse and neglect);

6VAC35-150-550 (physical setting in which the program is conducted));

6VAC35-150-560 (individual service or contact plan);

6VAC35-150-580 (emergencies and safety in juveniles' homes);

6VAC35-150-620 (supervision of juveniles in alternative day treatment and structured day programs);

6VAC35-150-630 (meals in alternative day treatment program) and structured day programs);

6VAC35-150-640 (fire safety);

6VAC35-150-650 (first-aid kits in alternative day programs);

6VAC35-150-660 (delivery of medication);

6VAC35-150-680 (physical and mechanical restraint); and

6VAC35-150-690 (uses of (procedural requirements for time-out).

6VAC35-60-580. Documented need required.

The need for the Office on Youth to operate a direct service program shall be documented and be included in the Annual Biennial Comprehensive Plan. If there is a documented need for the Office on Youth to operate a direct service program, the Annual Biennial Comprehensive Plan shall specify the description of services to be provided including target populations and an evaluation plan.

The department shall be notified in writing of any plan to change a direct service program or service included in an Office on Youth's Annual Biennial Comprehensive Plan.

6VAC35-60-600. Records management.

If an Office on Youth provides direct services, written policy and procedure shall, at a minimum, ensure that:

1. Juveniles' records are kept confidential; and

2. Records are destroyed as prescribed in regulations issued by the Virginia State Library Board; and.

3. All services are provided by individuals who are appropriately licensed or certified (when appropriate to the level of service delivered), or are otherwise qualified to provide the service.

VA.R. Doc. No. R08-1228; Filed July 14, 2009, 2:58 p.m.