37.2-408 - Regulation of services delivered in group homes and residential facilities for children.
§ 37.2-408. Regulation of services delivered in group homes and residentialfacilities for children.
A. The Department shall assist and cooperate with other state departments infulfilling their respective licensing and certification responsibilities. TheBoard shall adopt regulations that shall allow the Department to so assistand cooperate with other state departments. The Board may adopt regulationsto enhance cooperation and assistance among agencies licensing similarprograms.
B. The Board's regulations shall establish the Department as the singlelicensing agency, with the exception of educational programs licensed by theDepartment of Education, for group homes or residential facilities providingmental health, mental retardation, brain injury, or substance abuse servicesother than facilities operated or regulated by the Department of JuvenileJustice. Such regulations shall address the services required to be providedin group homes and residential facilities for children as it may deemappropriate to ensure the health and safety of the children. In addition, theBoard's regulations shall include, but shall not be limited to (i)specifications for the structure and accommodations of such homes andfacilities according to the needs of the children to be placed; (ii) rulesconcerning allowable activities, local government- and home- orfacility-imposed curfews, and study, recreational, and bedtime hours; and(iii) a requirement that each facility have a community liaison who shall beresponsible for facilitating cooperative relationships with the neighbors,the school system, local law enforcement, local government officials, and thecommunity at large.
C. Pursuant to the procedures set forth in subsection D, the Commissioner mayissue a summary order of suspension of the license of a group home orresidential facility for children licensed pursuant to the Board'sregulations under subsection A, in conjunction with any proceeding forrevocation, denial, or other action, when conditions or practices exist inthe home or facility that pose an immediate and substantial threat to thehealth, safety, and welfare of the children who are residents and theCommissioner believes the operation should be suspended during the pendencyof such proceeding.
D. 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 Department 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 children.
E. In addition to the requirements set forth above, the Board's regulationsshall require, as a condition of initial licensure or, if appropriate,license renewal, that the applicant shall: (i) be personally interviewed byDepartment personnel to determine the qualifications of the owner or operatorbefore granting an initial license; (ii) provide evidence of having relevantprior experience before any initial license is granted; (iii) provide, as acondition of initial license or renewal licensure, evidence of staffparticipation in training on appropriate siting of the residential facilitiesfor children, good neighbor policies, and community relations; and (iv) berequired to screen residents prior to admission to exclude individuals withbehavioral issues, such as histories of violence, that cannot be managed inthe relevant residential facility.
F. 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. Modify the term of the license at any time during the term of the licensebased on a change in compliance; and
6. 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.
(1990, c. 311, § 37.1-189.1; 2005, cc. 358, 363, 471, 485, 716; 2006, c. 781;2008, c. 873.)