Administrative Code

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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

22VAC40-100-90. Composition and Qualifications of Staff.

A. *Executive Director

1. Each institution shall have a competent executive responsible for the administration of the institution's policies and program. He shall designate a staff member to serve as his assistant, who shall be capable of assuming the administrative affairs of the institution during temporary absence of the administrator.

2. An administrator appointed after the effective date of this chapter shall have:

a. A master's degree from an accredited college or university in a profession related to child care and development; or

b. He shall have received a bachelor's degree from an accredited college and shall have had two years of successful work experience with children in the field of institutional management, social work, education, religious education or other allied profession.

B. *Assistant director.

1. The employment of an assistant director will depend upon the size of the institution.

2. Where such a position exists, this person shall have the following qualifications:

a. He shall be able to assist in planning and administering the daily program of child care, including routines, household management, and general activities.

b. If employment begins after the effective date of this chapter, the assistant to the executive shall have:

(1) A bachelor's degree from an accredited college or university in social work, education, religious education, or other allied profession; or

(2) He shall have successfully completed two years of college training from an accredited college or university in an allied field plus four years of experience.

C. Child care staff.

1. Each child shall be assigned to the care of an adult. Said person shall provide parental guidance and shall be responsible for assuring the care and well-being of the children. Such persons shall be hereafter called group parents.

2. No person over the age of 65 years may act as a group parent if duties require 24-hour responsibility. If such person whose mental and physical condition render him incapable of performing as a group parent in such capacity before he becomes 65 years of age, he shall be removed immediately.

D. Relief staff.

1. Relief personnel shall be a part of the child care staff, familiar to the children and familiar to the program of the institution.

2. They shall meet the qualifications required of regular staff.

3. Sufficient relief staff shall be employed to allow regular time off and vacations for all employees as stipulated in the personnel policies of the institution.

E. Social service staff.

1. Social work services, if not provided by the director, shall be provided by persons possessing qualifications as provided in subdivision E 4 of this section who may be staff members or whose services may be provided on a contract basis.

2. Social work supervisors: Larger institutions with a staff sufficient to justify the employment of a social work supervisor shall employ a social worker with the following qualifications if he is employed after the effective date of this chapter:

a. He shall have a master's degree from a school of social work accredited by the Council on Social Work Education; or

b. He shall have successfully completed one year of graduate study in an accredited school of social work plus two years of social work experience.

3. Institutions providing their own social work services and serving children with special needs resulting from physical, emotional, or mental handicaps, experimentation with drugs or alcohol prior to admission, shall employ a social worker with the same qualifications as a social work supervisor.

4. Social worker.

a. Each social worker employed by a child caring institution shall have an understanding of and a capacity for working with children. He shall be able to respect and work cooperatively with a variety of persons including co-workers, representatives of other social agencies, and the parents of children.

b. If employment begins after the effective date of this chapter, the caseworker shall be:

(1) A graduate of an accredited college or university with a master's degree in Social Work; or

(2) He shall have a master's degree from an accredited college or university in a related field such as psychology, sociology, or education; or

(3) He shall have a baccalaureate degree in a related social science from an accredited college or university, plus two years of experience in social work; or

(4) He shall have graduated from an accredited college or university with a baccalaureate degree and a major, sequence or concentration in undergraduate preparation for social welfare, including field experience. A year of social work experience may be submitted for the required sequence, concentration or major but not for a baccalaureate degree.

F. Nursing staff.

1. A nurse shall be employed on a full-time or part-time basis where size and location of the institution inhibit the reasonable accessibility of medical services.

2. If nurses are employed by the institution, they shall be currently licensed as a registered nurse or a licensed practical nurse by the Commonwealth of Virginia.

3. Institutions shall have at least one staff member on duty at all times who has taken the Red Cross Standard First Aid Course.

G. Consultants. Each institution shall make provision for medical, dental, psychiatric, psychological, and legal services as may be necessary to meet adequately the needs of the children served.

H. Clerical staff.

1. The institution shall have sufficient clerical staff to keep necessary correspondence, required records, bookkeeping, and files current and in good order.

2. The clerical staff shall have high school or business training or appropriate business, office, and stenographic experience, or both.

3. Clerical staff shall have a good understanding and respect for confidentiality and a working knowledge of the program of the institution.

I. Recreation staff.

1. The employment of a recreation worker shall depend upon the availability and accessibility of community recreational facilities to the children in the institution.

2. A person employed as a recreation worker by the institution shall have experience in working with and providing responsible supervision to groups of children whose recreational needs and interests vary.

3. The recreation worker shall possess a variety of skills in group activities and shall be capable of motivating children to participate in constructive activities.

J. Volunteer staff.

1. Volunteers shall have qualifications appropriate to the services they render. They shall be selected on the basis of their ability to make a positive contribution to the program and shall understand and practice confidentiality.

2. The institution shall establish requirements for the selection of volunteers and the institution and the individual volunteer shall agree on the latter's job assignment. The volunteer's responsibility shall be clearly differentiated from other staff members.

3. An employed staff member shall be in charge of the volunteer program including a planned orientation to the work of the institution.

K. Service personnel.

1. Kitchen staff.

a. *The responsibility for the preparation of meals must be carried specifically by a person employed as a cook or by some other staff member whose responsibilities in the preparation and serving of food will not interfere with the supervision of children.

b. Individuals responsible for the preparation of meals shall have experience or knowledge, or both, of quantity cooking and the nutritional requirements appropriate to the ages of the children served.

c. They shall meet the same general requirements with respect to health and character as child care staff in accordance with the standards established herein.

d. [Deleted effective May 1, 1984.]

e. [Deleted effective May 1, 1984.]

2. Housekeeping and maintenance staff.

a. *Housekeeping and maintenance staff shall be selected for their personal qualities as well as skill in their particular jobs, since all adults in the institution are involved to some degree in relationships with children.

b. There shall be sufficient staff so that the operation and maintenance of the institution shall not be dependent upon the children or the child care staff when such duties interfere with their supervisory responsibilities and other child care duties.

*Asterisks (*) denote standards which do not apply to group homes.

Statutory Authority

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

Historical Notes

Derived from VR615-24-01 §IIIB, 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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