66-24 - Community group homes and other residential facilities for certain juveniles; licensure; personnel; summary suspension under certain circumstances; penalty.
§ 66-24. Community group homes and other residential facilities for certainjuveniles; licensure; personnel; summary suspension under certaincircumstances; penalty.
A. The Department of Juvenile Justice shall cooperate with other statedepartments in fulfilling their respective licensing and certificationresponsibilities of children's residential facilities. The Board shallpromulgate regulations that shall allow the Department to so assist andcooperate with other state departments. The Board's regulations shallestablish the Department as the single licensing agency, with the exceptionof educational programs licensed by the Department of Education, for grouphomes or residential facilities providing care of juveniles in direct statecare.
B. The Department is authorized to establish and maintain such a system ofcommunity group homes or other residential care facilities as the Departmentmay from time to time acquire, construct, contract for or rent for the careof juveniles in direct state care, pending development of more permanentplacement plans. Any community group home or other residential care facilitythat the Department may contract for or rent for the care of juveniles indirect state care shall be licensed or certified in accordance with theregulations of the Board.
Any more permanent placement plans shall consider adequate care andtreatment, and suitable education, training and employment for suchjuveniles, as is appropriate.
C. The Department is further authorized to employ necessary personnel forcommunity group homes or other residential care facilities or to contractwith private entities for their operation. The Department shall conductbackground checks of any individual who (i) accepts a position of employmentat a community group home or other residential care facility, (ii) volunteersat a community group home or other residential care facility on a regularbasis and will be alone with a juvenile in the performance of his duties, or(iii) provides contractual services directly to a juvenile in a communitygroup home or other residential care facility on a regular basis and will bealone with a juvenile in the performance of his duties, pursuant to §63.2-1726.
D. The Board shall promulgate regulations for licensure or certification ofcommunity group homes or other residential care facilities that contract withor are rented for the care of juveniles in direct state care pursuant tosubsection B.
The Board's regulations shall address the services required to be provided insuch facilities as it may deem appropriate to ensure the welfare and safetyof the juveniles. In addition, the Board's regulations shall include, butneed not be limited to (i) specifications for the structure andaccommodations of such facilities according to the needs of the juveniles tobe placed in the home or facility; (ii) rules concerning allowableactivities, local government- and group home- or residential carefacility-imposed curfews, and study, recreational, and bedtime hours; and(iii) a requirement that each home or facility have a community liaison whoshall be responsible for facilitating cooperative relationships with theneighbors, the school system, local law enforcement, local governmentofficials, and the community at large.
E. Pursuant to the procedures set forth in subsection F and in addition toany other legally authorized disciplinary actions, the Director may issue asummary order of suspension of the license or certificate of any group homeor residential facility so regulated by the Department, in conjunction withany proceeding 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 juveniles whoare residents and the Director believes the operation of the home or facilityshould be suspended during the pendency of such proceeding.
F. The summary order of suspension shall take effect upon its issuance andshall be served on the licensee or certificate holder or its designee as soonas practicable thereafter by personal service and certified mail, returnreceipt requested, to the address of record of the licensee or certificateholder. The order shall state the time, date, and location of a hearing todetermine whether the suspension is appropriate. Such hearing shall be heldno later than three business days after the issuance of the summary order ofsuspension and shall be convened by the Director or his designee.
After such hearing, the Director 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 or certificate holder may appeal theDirector's decision to the appropriate circuit court no later than 10 daysfollowing issuance of the order. The sole issue before the court shall bewhether the Director had reasonable grounds to require the licensee to ceaseoperations during the pendency of the concurrent revocation, denial, or otherproceeding. The concurrent revocation, denial, or other proceeding shall notbe affected by the outcome of any hearing on the appropriateness of thesummary 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 Director may require the cooperation of any otheragency or subdivision of the Commonwealth in the relocation of the juvenileswho are residents of a home or facility whose license or certificate has beensummarily suspended pursuant to this section and in any other actionsnecessary to reduce the risk of further harm to such residents.
G. 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.
H. 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 licensed by theDepartment when such violations result in the lowering of the licensure orcertification status of the facility to provisional;
2. Post on the Department's website information concerning the applicationfor initial licensure or certification of or renewal, denial, or provisionallicensure or certification of any residential facility for children locatedin the locality;
3. Require all licensees or certificate holders to self-report lawsuitsagainst or settlements with residential facility operators relating to thehealth and safety or human rights of residents and any criminal charges thatmay have been made relating to the health and safety or human rights ofresidents;
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 or certificate at any time during the termof the license or certificate based 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.
(Code 1950, §§ 53-331, 63.1-246, 63-291.1; 1966, c. 491; 1968, c. 578; 1974,cc. 44, 45; 1975, c. 637; 1981, c. 487; 1982, c. 636, § 53.1-249; 1989, c.733; 1996, cc. 755, 914; 2005, cc. 358, 471; 2006, cc. 168, 781; 2008, c.873.)