2006 Code of Virginia § 63.2-1737 - Cooperation of Department with other state departments concerning children\'s residential facilities...

63.2-1737. Cooperation of Department with other state departmentsconcerning children's residential facilities; interdepartmental regulation ofchildren's residential facilities; summary suspension of children'sresidential facility licenses under certain circumstances; penalty.

A. Notwithstanding any other provisions of this subtitle, the Departmentshall cooperate with other state departments in fulfilling their respectivelicensing and certification responsibilities and in reducing and simplifyingthe regulations involved in such licensing and certification of children'sresidential facilities. The Board shall adopt regulations for theinterdepartmental regulation of children's residential facilities, includinggroup homes that shall allow the Department to assist and cooperate withother state departments in fulfilling their respective licensing andcertification responsibilities and in reducing and simplifying theregulations involved in such licensing and certification. Notwithstanding anyother provisions of this chapter, licenses issued to children's residentialfacilities pursuant to cooperative efforts described in this section may beissued for periods of up to 36 successive months.

B. The Board's regulations for the interdepartmental regulation of children'sresidential facilities shall address the services required to be provided insuch facilities as it may deem appropriate to ensure the health and safety ofthe children. In addition, the Board's regulations shall include, but shallnot be limited to (i) specifications for the structure and accommodations ofsuch facilities according to the needs of the children; (ii) rules concerningallowable activities, local government- and facility-imposed curfews, andstudy, recreational, and bedtime hours; and (iii) a requirement that eachfacility have a community liaison who shall be responsible for facilitatingcooperative relationships with the neighbors, the school system, local lawenforcement, local government officials, and the community at large.

C. Notwithstanding any other provisions of this chapter, any facilitylicensed by the Commissioner as a child-caring institution as of January 1,1987, and that receives no public funds shall be licensed under minimumstandards for licensed child-caring institutions as adopted by the Board andin effect on January 1, 1987. Effective January 1, 1987, all children'sresidential facilities shall be licensed under the interdepartmentalregulations for children's residential facilities.

D. Pursuant to the procedures set forth in subsection E and in addition tothe authority for other disciplinary actions provided in this title, theCommissioner may issue a summary order of suspension of the license of anygroup home or residential facility for children, in conjunction with anyproceeding for revocation, denial, or other action, when conditions orpractices exist in the home or facility that pose an immediate andsubstantial threat to the health, safety, and welfare of the children who areresidents and the Commissioner believes the operation of the home or facilityshould be suspended during the pendency of such proceeding.

E. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or its designee as soon as practicablethereafter 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 isappropriate. Such hearing shall be held no later than three business daysafter the issuance of the summary order of suspension and shall be convenedby the Commissioner or his designee.

After such hearing, the Commissioner may issue a final order of summarysuspension or may find that such summary suspension is not warranted by thefacts and circumstances presented. A final order of summary suspension shallinclude notice that the licensee may appeal the Commissioner's decision tothe appropriate circuit court no later than 10 days following issuance of theorder. The sole issue before the court shall be whether the Commissioner hadreasonable grounds to require the licensee to cease operations during thependency of the concurrent revocation, denial, or other proceeding. Theconcurrent revocation, denial, or other proceeding shall not be affected bythe outcome of any hearing on the appropriateness of the summary suspension.

The willful and material failure to comply with the summary order ofsuspension or final order of summary suspension shall be punishable as aClass 2 misdemeanor. The Commissioner may require the cooperation of anyother agency or subdivision of the Commonwealth in the relocation of childrenwho are residents of a home or facility whose license has been summarilysuspended pursuant to this section and in any other actions necessary toreduce the risk of further harm to such residents.

F. In addition to the requirements set forth in subsection B, the Board'sregulations shall require, as a condition of initial licensure or, ifappropriate, license renewal, that the applicant shall: (i) be personallyinterviewed by Department personnel to determine the qualifications of theowner or operator before granting an initial license; (ii) provide evidenceof 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 theresidential facilities for children, good neighbor policies, and communityrelations; and (iv) be required to screen residents prior to admission toexclude individuals with behavioral issues, such as histories of violence,that cannot be managed in the relevant residential facility.

G. In addition, the Department shall:

1. Notify relevant local governments and placing and funding agencies,including the Office of Comprehensive Services, of multiple health and safetyor human rights violations in residential facilities for which the Departmentserves as lead licensure agency when such violations result in the loweringof the licensure status of the facility to provisional;

2. Post on the Department's website information concerning the applicationfor initial licensure of or renewal, denial, or provisional licensure of anyresidential facility for children located in the locality;

3. Require all licensees to self-report lawsuits against or settlements withresidential facility operators relating to the health and safety or humanrights of residents and any criminal charges that may have been made relatingto the health and safety or human rights of residents;

4. Require proof of contractual agreements or staff expertise to provideeducational services, counseling services, psychological services, medicalservices, or any other services needed to serve the residents in accordancewith the facility's operational plan;

5. Disseminate to local governments, or post on the Department's website, anaccurate (updated weekly or monthly as necessary) list of licensed andoperating group homes and other residential facilities for children bylocality with information on services and identification of the leadlicensure agency; and

6. Modify the term of the license at any time during the term of the licensebased on a change in compliance.

(1979, c. 218, 63.1-196.4; 1984, c. 55; 1987, c. 578; 1992, c. 666; 2002,c. 747; 2005, cc. 358, 471; 2006, cc. 168, 781.)