Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 70. The Virginia Public Guardian and Conservator Program

22VAC30-70-40. Personnel standards.

A. Each paid staff who is working in the public guardian program and has direct contact with clients or client estates shall:

1. Have a satisfactory work record and be of good character; demonstrate a concern for the well-being of others to the extent that the person is considered suitable to be entrusted with the care, guidance, and protection of an incapacitated person; and shall not have been convicted of any criminal offense involving any physical attack, neglect or abuse of a person, lying, cheating, or stealing, nor convicted of any felony. A criminal record check shall be conducted on each person hired on or after January 1, 2009.

2. Be free of illegal drug use . For each person hired on or after January 1, 2009, a drug screening test shall be conducted.

3. Each person hired on or after January 1, 2009, shall have, at a minimum , a high school diploma or a general education diploma (GED) from an accredited program .

4. Participate in mandatory training programs required by the department.

5. In addition, each program director shall:

a. Be a full-time employee of the public guardian program;

b. Have experience as a service provider or administrator in one or more of the following areas: (i) social work, (ii) case management, (iii) mental health, (iv) nursing, (v) or other human service program; and

c. Demonstrate, by objective criteria, a knowledge and understanding of Virginia's guardianship laws, alternatives to guardianship, and surrogate decisionmaking activities.

B. Prior to having direct contact with any clients or client estates, each paid staff of the public guardian program shall complete a training and orientation program. The training and orientation program shall include instruction on the following topics:

1. Virginia's guardianship laws and alternatives to guardianship, including the duties and powers of guardians and conservators in Virginia;

2. Surrogate decision-making and how it differs from substituted judgment decisionmaking standards;

3. The reporting requirements to the local department of social services and Commissioner of Accounts where applicable, mandated in §§ 64.2-1305 and 64.2-2020 of the Code of Virginia;

4. Working with special needs populations including individuals with physical and mental disabilities;

5. The provisions governing the operations of the Virginia Public Guardian and Conservator Program set forth in Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and all ensuing applicable regulations and related policies and procedures issued by the department;

6. The policies and procedures of the public guardian program including:

a. Privacy and confidentiality requirements;

b. Recordkeeping;

c. Services provided and the standards for services; and

d. Indications of and actions to be taken when adult abuse, neglect, or exploitation is suspected.

C. Each person serving as a public guardian program volunteer with direct contact with any client or client estates shall comply with the provisions of subdivisions A 1 and A 2 of this section. In addition, prior to having direct contact with any client or client estates, each volunteer shall complete an orientation program that provides an overview of:

1. The Virginia Public Guardian and Conservator Program (§ 51.5-149 of the Code of Virginia); and

2. The local public guardian program for which the person intends to serve as a volunteer, including (i) services provided by the public guardian program, (ii) specific duties of the volunteer, (iii) privacy and confidentially requirements, (iv) recordkeeping and documentation requirements, and (v) indications of and action to be taken where adult abuse, neglect, or exploitation is suspected.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Former 22VAC5-30-40 derived from Virginia Register Volume 24, Issue 25, eff. January 1, 2009; amended and renumbered Virginia Register Volume 29, Issue 4, eff. November 22, 2012; Volume 37, Issue 19, eff. June 25, 2021.

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