{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-408.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-408.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-408.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-408.html"}],"law_id":76702,"edition_id":1,"section_id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","history":"1990, c. 311, \u00a7 37.1-189.1; 2005, cc. 358, 363, 471, 485, 716; 2006, c. 781; 2008, c. 873; 2012, cc. 476, 507; 2015, c. 366.","full_text":"A\n\nThe Department shall assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. 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\n\nThe Board’s regulations shall establish the Department as the single licensing agency, with the exception of educational programs licensed by the Department of Education, for group homes or residential facilities providing mental health, developmental, brain injury, or substance abuse services other than facilities operated or regulated by the Department of Juvenile Justice. 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\n\nPursuant 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\n\nThe 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.\n\t\t\tAfter 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.\n\t\t\tThe 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\n\nIn 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 children prior to admission to exclude children with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility.F\n\nIn addition, the Department shall:1\n\nNotify relevant local governments and placing and funding agencies, including the Office of Children’s 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\n\nPost 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\n\nRequire 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 children receiving services;4\n\nRequire 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 children receiving services in accordance with the facility’s operational plan;5\n\nModify the term of the license at any time during the term of the license based on a change in compliance; and6\n\nDisseminate 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.","order_by":null,"text":{"0":{"id":275345,"text":"The Department shall assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275346,"text":"The Board’s regulations shall establish the Department as the single licensing agency, with the exception of educational programs licensed by the Department of Education, for group homes or residential facilities providing mental health, developmental, brain injury, or substance abuse services other than facilities operated or regulated by the Department of Juvenile Justice. 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275347,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":275348,"text":"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.\n\t\t\tAfter 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.\n\t\t\tThe 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":275349,"text":"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 children prior to admission to exclude children with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":275350,"text":"In addition, the Department shall:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":275351,"text":"Notify relevant local governments and placing and funding agencies, including the Office of Children’s 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;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":275352,"text":"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;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":275353,"text":"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 children receiving services;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"9":{"id":275354,"text":"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 children receiving services in accordance with the facility’s operational plan;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"10":{"id":275355,"text":"Modify the term of the license at any time during the term of the license based on a change in compliance; and","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"11":{"id":275356,"text":"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.","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5"}},"ancestry":[{"id":15694,"edition_id":1,"name":"Licensing Providers of Behavioral Health and Developmental Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:58:00","date_modified":"2026-06-26 03:58:00","permalink":{"id":209875,"object_type":"structure","relational_id":15694,"identifier":"2","token":"37.2\/I\/4\/2","url":"\/37.2\/I\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60864,"structure_id":15694,"section_number":"37.2-403","catch_line":"Definitions","url":"\/37.2-403\/","token":"37.2\/I\/4\/2\/37.2-403","metadata":false},{"id":73103,"structure_id":15694,"section_number":"37.2-404","catch_line":"Authority of Commissioner to grant licenses","url":"\/37.2-404\/","token":"37.2\/I\/4\/2\/37.2-404","metadata":false},{"id":87479,"structure_id":15694,"section_number":"37.2-405","catch_line":"License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers","url":"\/37.2-405\/","token":"37.2\/I\/4\/2\/37.2-405","metadata":false},{"id":73737,"structure_id":15694,"section_number":"37.2-405.1","catch_line":"Certain provider information on website","url":"\/37.2-405.1\/","token":"37.2\/I\/4\/2\/37.2-405.1","metadata":false},{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},{"id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","metadata":false},{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; 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due process; penalty","url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","metadata":false},{"id":74139,"structure_id":15694,"section_number":"37.2-420","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/37.2-420\/","token":"37.2\/I\/4\/2\/37.2-420","metadata":false},{"id":80959,"structure_id":15694,"section_number":"37.2-421","catch_line":"Advertising by licensed providers","url":"\/37.2-421\/","token":"37.2\/I\/4\/2\/37.2-421","metadata":false},{"id":76342,"structure_id":15694,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","url":"\/37.2-421.1\/","token":"37.2\/I\/4\/2\/37.2-421.1","metadata":false},{"id":87042,"structure_id":15694,"section_number":"37.2-422","catch_line":"Penalty","url":"\/37.2-422\/","token":"37.2\/I\/4\/2\/37.2-422","metadata":false}],"previous_section":{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},"next_section":{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-408\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 311 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapters 358<\/a>, 363<\/a>, 471<\/a>, 485<\/a>, and 716<\/a>; in 2006, chapter 781<\/a>; in 2008, chapter 873<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2015, chapter 366<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":209905,"object_type":"law","relational_id":76702,"identifier":"37.2-408","token":"37.2\/I\/4\/2\/37.2-408","url":"\/37.2-408\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","dublin_core":{"Title":"Regulation of services delivered in group homes and residential facilities for children","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-408","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall assist and cooperate with other state<\/span> departments<\/span> in fulfilling their respective licensing and certification responsibilities. The Board<\/span> shall adopt regulations that shall allow the Department<\/span> to so assist and cooperate with other state<\/span> departments<\/span>. The Board<\/span> may adopt regulations to enhance cooperation and assistance among agencies licensing similar programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span>’s regulations shall establish the Department<\/span> as the single licensing agency, with the exception of educational programs licensed by the Department<\/span> of Education, for group homes or residential facilities providing mental health, developmental, brain injury<\/span>, or substance abuse<\/span> services other than facilities operated or regulated by the Department<\/span> of Juvenile Justice. 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<\/span>’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<\/span>-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each facility<\/span> have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law<\/span> enforcement, local government officials, and the community at large. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Pursuant to the procedures set forth in subsection D, the Commissioner<\/span> may issue<\/span> a summary order<\/span> of suspension of the license of a group home or residential facility<\/span> for children licensed pursuant to the Board<\/span>’s regulations under subsection A, in conjunction with any proceeding for revocation<\/span>, denial, or other action, when conditions or practices exist in the home or facility<\/span> that pose an immediate and substantial threat to the health, safety, and welfare of the children who are residents and the Commissioner<\/span> believes the operation should be suspended during the pendency of such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span> the time, date, and location of a hearing<\/span> to determine whether the suspension is appropriate. Such hearing<\/span> 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<\/span> or his designee.\n\t\t\tAfter such hearing<\/span>, the Commissioner<\/span> may issue<\/span> a final order<\/span> of summary suspension or may find that such summary suspension is not warranted by the facts<\/span> and circumstances presented. A final order<\/span> of summary suspension shall include notice that the licensee may appeal<\/span> the Commissioner<\/span>’s decision to the appropriate circuit<\/span> court<\/span> no later than 10 days following issuance of the order. The sole issue<\/span> before the court<\/span> shall be whether the Department<\/span> had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation<\/span>, denial, or other proceeding. The concurrent revocation<\/span>, denial, or other proceeding shall not be affected by the outcome of any hearing<\/span> on the appropriateness of the summary suspension.\n\t\t\tThe willful and material<\/span> failure to comply with the summary order of suspension or final order<\/span> of summary suspension shall be punishable as a Class 2 misdemeanor<\/span>. The Commissioner<\/span> 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<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to the requirements set forth above, the Board<\/span>’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<\/span> personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence<\/span> of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence<\/span> 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 children prior to admission to exclude children with behavioral issues<\/span>, such as histories of violence, that cannot be managed in the relevant residential facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In addition, the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Notify relevant local governments and placing and funding agencies, including the Office of Children’s Services, of multiple health and safety or human rights violations in residential facilities for which the Department<\/span> serves as lead licensure agency when such violations result in the lowering of the licensure status of the facility<\/span> to provisional; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Post on the Department<\/span>’s website information concerning the application for initial licensure of or renewal, denial, or provisional licensure of any residential facility<\/span> for children located in the locality; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Require all licensees to self-report lawsuits<\/span> against or settlements<\/span> with residential facility<\/span> 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 children receiving services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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 children receiving services in accordance with the facility<\/span>’s operational plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Modify the term of the license at any time during the term of the license based on a change in compliance; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Disseminate to local governments, or post on the Department<\/span>’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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATION OF SERVICES DELIVERED IN GROUP HOMES AND RESIDENTIAL FACILITIES FOR\nCHILDREN (\u00a7 37.2-408)\n\nA. The Department shall assist and cooperate with other state departments in\nfulfilling their respective licensing and certification responsibilities. The\nBoard shall adopt regulations that shall allow the Department to so assist and\ncooperate with other state departments. The Board may adopt regulations to\nenhance cooperation and assistance among agencies licensing similar programs.\n\nB. The Board’s regulations shall establish the Department as the single\nlicensing agency, with the exception of educational programs licensed by the\nDepartment of Education, for group homes or residential facilities providing\nmental health, developmental, brain injury, or substance abuse services other\nthan facilities operated or regulated by the Department of Juvenile Justice.\nSuch regulations shall address the services required to be provided in group\nhomes and residential facilities for children as it may deem appropriate to\nensure the health and safety of the children. In addition, the Board’s\nregulations shall include, but shall not be limited to (i) specifications for\nthe structure and accommodations of such homes and facilities according to the\nneeds of the children to be placed; (ii) rules concerning allowable activities,\nlocal government- and home- or facility-imposed curfews, and study,\nrecreational, and bedtime hours; and (iii) a requirement that each facility have\na community liaison who shall be responsible for facilitating cooperative\nrelationships with the neighbors, the school system, local law enforcement,\nlocal government officials, and the community at large.\n\nC. Pursuant to the procedures set forth in subsection D, the Commissioner may\nissue a summary order of suspension of the license of a group home or\nresidential facility for children licensed pursuant to the Board’s\nregulations under subsection A, in conjunction with any proceeding for\nrevocation, denial, or other action, when conditions or practices exist in the\nhome or facility that pose an immediate and substantial threat to the health,\nsafety, and welfare of the children who are residents and the Commissioner\nbelieves the operation should be suspended during the pendency of such\nproceeding.\n\nD. The summary order of suspension shall take effect upon its issuance and shall\nbe served on the licensee or its designee as soon as practicable thereafter by\npersonal service and certified mail, return receipt requested, to the address of\nrecord of the licensee. The order shall state the time, date, and location of a\nhearing to determine whether the suspension is appropriate. Such hearing shall\nbe held no later than three business days after the issuance of the summary\norder of suspension and shall be convened by the Commissioner or his designee.\n\t\t\tAfter such hearing, the Commissioner may issue a final order of summary\nsuspension or may find that such summary suspension is not warranted by the\nfacts and circumstances presented. A final order of summary suspension shall\ninclude notice that the licensee may appeal the Commissioner’s decision to\nthe appropriate circuit court no later than 10 days following issuance of the\norder. The sole issue before the court shall be whether the Department had\nreasonable grounds to require the licensee to cease operations during the\npendency of the concurrent revocation, denial, or other proceeding. The\nconcurrent revocation, denial, or other proceeding shall not be affected by the\noutcome of any hearing on the appropriateness of the summary suspension.\n\t\t\tThe willful and material failure to comply with the summary order of\nsuspension or final order of summary suspension shall be punishable as a Class 2\nmisdemeanor. The Commissioner may require the cooperation of any other agency or\nsubdivision of the Commonwealth in the relocation of children who are residents\nof a home or facility whose license has been summarily suspended pursuant to\nthis section and in any other actions necessary to reduce the risk of further\nharm to children.\n\nE. In addition to the requirements set forth above, the Board’s\nregulations shall require, as a condition of initial licensure or, if\nappropriate, license renewal, that the applicant shall: (i) be personally\ninterviewed by Department personnel to determine the qualifications of the owner\nor operator before granting an initial license; (ii) provide evidence of having\nrelevant prior experience before any initial license is granted; (iii) provide,\nas a condition of initial license or renewal licensure, evidence of staff\nparticipation in training on appropriate siting of the residential facilities\nfor children, good neighbor policies, and community relations; and (iv) be\nrequired to screen children prior to admission to exclude children with\nbehavioral issues, such as histories of violence, that cannot be managed in the\nrelevant residential facility.\n\nF. In addition, the Department shall:\n\n 1. Notify relevant local governments and placing and funding agencies,\n including the Office of Children’s Services, of multiple health and\n safety or human rights violations in residential facilities for which the\n Department serves as lead licensure agency when such violations result in the\n lowering of the licensure status of the facility to provisional;\n\n 2. Post on the Department’s website information concerning the\n application for initial licensure of or renewal, denial, or provisional\n licensure of any residential facility for children located in the locality;\n\n 3. Require all licensees to self-report lawsuits against or settlements with\n residential facility operators relating to the health and safety or human\n rights of residents and any criminal charges that may have been made relating\n to the health and safety or human rights of children receiving services;\n\n 4. Require proof of contractual agreements or staff expertise to provide\n educational services, counseling services, psychological services, medical\n services, or any other services needed to serve the children receiving\n services in accordance with the facility’s operational plan;\n\n 5. Modify the term of the license at any time during the term of the license\n based on a change in compliance; and\n\n 6. Disseminate to local governments, or post on the Department’s\n website, an accurate (updated weekly or monthly as necessary) list of licensed\n and operating group homes and other residential facilities for children by\n locality with information on services and identification of the lead licensure\n agency.\n\nHISTORY: 1990, c. 311, \u00a7 37.1-189.1; 2005, cc. 358, 363, 471, 485, 716; 2006,\nc. 781; 2008, c. 873; 2012, cc. 476, 507; 2015, c. 366.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}