                                 CODE OF VIRGINIA

ENFORCEMENT AND SANCTIONS; CHILD WELFARE AGENCIES; REVOCATION, DENIAL, AND
SUMMARY SUSPENSION (§ 63.2-1709.1)

A. The Commissioner may revoke or deny the renewal of the license of any child
welfare agency that violates any provision of this subtitle or fails to comply
with the limitations and standards set forth in its license.

B. Pursuant to the procedures set forth in subsection C and in addition to the
authority for other disciplinary actions provided in this title, the
Commissioner may issue a notice of summary suspension of the license of any
child welfare agency, in conjunction with any proceeding for revocation, denial,
or other action, when conditions or practices exist in the child welfare agency
that pose an immediate and substantial threat to the health, safety, and welfare
of the children receiving care and the Commissioner believes the operation of
the child welfare agency should be suspended during the pendency of such
proceeding.

C. A notice of summary suspension issued by the Commissioner to a child welfare
agency shall set forth (i) the summary suspension procedures; (ii) hearing and
appeal rights as provided in this subsection; (iii) facts and evidence that
formed the basis for the summary suspension; and (iv) the time, date, and
location of a hearing to determine whether the summary suspension is
appropriate. Such notice shall be served on the child welfare agency or its
designee as soon as practicable thereafter by personal service or certified
mail, return receipt requested, to the address of record of the child welfare
agency.
			The summary suspension hearing shall be presided over by a hearing officer
selected by the Commissioner from a list prepared by the Executive Secretary of
the Supreme Court of Virginia and shall be held as soon as practicable, but in
no event later than 15 business days following service of the notice of summary
suspension; however, the hearing officer may grant a written request for a
continuance, not to exceed an additional 10 business days, for good cause shown.
Within 10 business days after such hearing, the hearing officer shall provide to
the Commissioner written findings and conclusions, together with a
recommendation as to whether the license should be summarily suspended.
			Within 10 business days of the receipt of the hearing officer&#8217;s
findings, conclusions, and recommendation, the Commissioner may issue a final
order of summary suspension or an order that such summary suspension is not
warranted by the facts and circumstances presented. The Commissioner shall adopt
the hearing officer&#8217;s recommended decision unless to do so would be an
error of law or Department policy. In the event that the Commissioner rejects
the hearing officer&#8217;s findings, conclusions, or recommendation, the
Commissioner shall state with particularity the basis for rejection. In issuing
a final order of summary suspension, the Commissioner may choose to suspend the
license of the child welfare agency or to suspend only certain authority of the
child welfare agency to operate, including the authority to provide certain
services or perform certain functions that the Commissioner determines should be
restricted or modified in order to protect the health, safety, or welfare of the
children receiving care. 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 service of the order.
The sole issue before the court shall be whether the Commissioner 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.
			A copy of any final order of summary suspension shall be prominently
displayed by the child welfare agency at each public entrance of the facility,
or in lieu thereof, the child welfare agency may display a written statement
summarizing the terms of the order in a prominent location, printed in a clear
and legible size and typeface, and identifying the location within the facility
where the final order of summary suspension may be reviewed.
			The willful and material failure to comply with the final order of summary
suspension constitutes a violation of subdivision 3 of &#xA7; 63.2-1712. In the
case of a children&#8217;s residential facility, 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 children&#8217;s residential
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 such
residents.
			The provisions of this subsection shall not apply to any child welfare agency
operated by an agency of the Commonwealth, which shall instead be governed by
the provisions of &#xA7; 63.2-1710.1.

HISTORY: 2005, cc. 610, 924; 2019, c. 449.