                                 CODE OF VIRGINIA

REGULATION OF SERVICES DELIVERED IN GROUP HOMES AND RESIDENTIAL FACILITIES FOR
CHILDREN (§ 37.2-408)

A. 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.

B. The Board&#8217;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&#8217;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&#8217;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&#8217;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&#8217;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. In addition, the Department shall:

   1. Notify relevant local governments and placing and funding agencies,
   including the Office of Children&#8217;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. Post on the Department&#8217;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 children receiving services;

   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 children receiving
   services in accordance with the facility&#8217;s operational plan;

   5. Modify the term of the license at any time during the term of the license
   based on a change in compliance; and

   6. Disseminate to local governments, or post on the Department&#8217;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.

HISTORY: 1990, c. 311, § 37.1-189.1; 2005, cc. 358, 363, 471, 485, 716; 2006,
c. 781; 2008, c. 873; 2012, cc. 476, 507; 2015, c. 366.