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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 100. Minimum Standards for Licensed Child Caring Institutions
3/29/2020

22VAC40-100-40. Licensing Procedures.

A. Types of licenses:

1. An annual license is one which is granted to a child caring institution whose program, facilities, and operations meet substantially the minimum standards for a license;

2. A provisional license is one which may be issued following the expiration of an annual license if the applicant is temporarily unable to comply with all of the requirements and under the condition that the requirements will be met within a specific length of time; and

3. A conditional license is one which may be issued to a new facility, at the discretion of the Commissioner, to permit the applicant to demonstrate compliance with all requirements within a specified period of time.

B. Revocation of suspension. Any institution licensed as aforesaid shall receive a license to operate a child caring institution; provided, however, that the child caring institution license may be revoked or suspended for failure to maintain standards prescribed for the aforementioned institution.

C. Duration of the license. Licenses, except for provisional or conditional ones, expire one year from the date of issuance unless revoked sooner. The license expires automatically if there is a change in location or sponsorship. In such cases, a new application shall be filed as licenses are not transferable. To avoid delay, the Department shall be advised at once of any contemplated change so that it may determine if the proposed change can be approved.

When an annual license expires a provisional license may be issued for any period not to exceed six months; however, no agency may operate under any such provisional license and renewals thereof for a longer period than six successive months.

At the discretion of the Commissioner, a conditional license may be issued to operate a new facility; however, the issuance of a conditional license and any renewals thereof shall be for no longer a period than six successive months.

D. Original license.

1. Application: An individual or group of persons or community agency or sponsoring organization planning to conduct a group program for children shall file an application for a license two months in advance of the planned opening date. The application shall be signed by the individual responsible for operation of the child caring institution or, if the facility is to be operated by a board, the signature of an officer of the board, preferably the chairman, shall be on the application. The application form is provided by and may be obtained from the Department of Welfare.

2. Material to be filed with original application:

a. A statement regarding the sponsorship and organization of the child caring institution together with other information showing who is responsible for policy making, administration, and operation;

b. A copy of the articles of incorporation, if incorporation is required;

c. A copy of the constitution and bylaws, if any;

d. A list of board members and committees, if any;

e. If staff have been engaged, a record of satisfactory medical examination of each staff member who will come into contact with the children and those who will be engaged in handling and preparation of food;

f. Samples of all forms used such as application forms, agreement forms, etc.; and

g. The application shall incorporate an outline of the institution's program which shall include the standards set forth in the regulations.

3. [Deleted effective February 1, 1984.]

4. Health and fire inspections. Upon receipt of the application, the department will request an inspection and report as to the sanitary conditions from the local health department. An inspection and report from the Office of the State Fire Marshal will be requested where any building comes under the definition of a public building under the Virginia Fire Safety Regulations to determine compliance with this chapter. Inspection and report for fire safety will be requested from the local fire department or other fire officials responsible for fire safety.

5. Study of the application. Following receipt of the application and materials requested above (subdivision D 2 of this section), a representative of the department will make a study of the proposed services and facilities of the applicant.

6. Notice to the applicant of commissioner's action. After the application for license is approved by the commissioner, the applicant will receive by mail a license which, as provided by statute, will set forth the conditions under which he may operate. The terms of the license include the operating name of the child caring institution, the maximum number and age range of the children to be served, and the period of time for which the license is effective. They may include other limitations which the commissioner may prescribe within the context of this chapter. An accompanying letter may contain in addition to the limitations on the license, any recommendation regarding activities, services, and facilities to be employed. A letter accompanies a provisional or conditional license and states the reason(s) for its being provisional or conditional.

E. Renewal of annual, provisional or conditional license. The statute requires for continued operation annual renewal of the license or renewal of the provisional or conditional license at its expiration date.

1. Application. An application for renewal of license must be submitted by the applicant on a form furnished by the department which is sent by the department approximately two months prior to the expiration date. The completed application shall be returned to allow time for processing before expiration of the current license.

2. Material to be filed with renewal application of annual license:

a. A current list of board members and committees, if any;

b. A record of satisfactory medical examinations for each staff member (a staff information sheet will be provided by the department);

c. A report of major changes in the program or facilities during the year or contemplated for the coming year;

d. Building plans for any contemplated construction giving room dimensions and specifications and use.

3. Material to be submitted with application for renewal of provisional or conditional license. A statement showing which initial requirements listed as conditions of the provisional or conditional license have been met and if unmet, a statement of the plan of meeting them, together with any other material required under subdivision D 2 of this section which may be due.

4. Health and fire inspections. At the time that the renewal application is sent to the licensee, the department will request an inspection and report as to the sanitary conditions of the child caring institution from the local health department. In order to determine fire safety conditions, the department will request an inspection and report from the local fire department or other officials responsible for fire safety.

5. A current report from the State Fire Marshal will be requested if the previous report indicated violations of the Virginia Fire Safety Regulations.

6. Notice to the applicant of commissioner's action. The same procedure will be followed with renewal applications as outlined under subdivision D 6 of this section.

F. Modification of license. The conditions of the license may be modified during the licensing year with respect to the number of children, the age range, or other conditions in accordance with changes in sponsorship, staff, program, or facilities.

A licensee shall report to the department any contemplated changes in operation which would affect either the terms of the license or the continuing eligibility for a license. The department will then determine whether such changes may be approved and the license modified accordingly. This does not mean that the department has to approve changes in staff or program unless they affect the terms of the license or the continuing eligibility. Plans for remodeling or construction of new buildings shall be presented to the department and to the State Fire Marshal's office for review before the work is undertaken.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §ID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

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