Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 131. Standards for Licensed Child-Placing Agencies

22VAC40-131-90. Policy and procedures.

A. The licensee shall develop and implement written policy and procedures governing the plans for active and closed cases. The plan shall address the following:

1. Procedures the licensee will follow should the licensee cease operations, including:

a. Disposition of children in placement at the time of cessation, including procedures for assisting placing agencies in placing children; and

b. Notification to the placing agency, legal guardian, and the department of the licensee's closing; and

2. Disposing and storing active and closed case files, both written and electronic, on the children and providers. The disposition and storage schedule shall be consistent with requirements for local governments contained in the Library of Virginia's Record Retention and Disposition Schedule General Schedule No. 15 - County and Municipal Governments Social Services Records (May 2010).

B. The licensee shall develop and implement written admission policies and procedures for child-placing activities in each program provided by the licensee. The policies and procedures shall include:

1. A description of intake and admission processes and requirements;

2. Decision-making procedures for acceptance, matching, placement, and discharge from care; and

3. A statement that children with disabilities will be accepted for admission if the needs of the child can be reasonably accommodated.

C. The licensee shall develop and implement policies and procedures governing the licensee's responsibility to monitor the administration of medications by foster parents to ensure that foster parents:

1. Properly administer medication as prescribed to children placed in their home;

2. Have knowledge of intended and adverse side effects of medication prescribed;

3. Have knowledge about and take necessary actions when placed children experience adverse reactions to medication including notifying the licensee when such occurs; and

4. Have knowledge of methods for proper, safe, and secure storage; retention; and disposal of medications.

D. The licensee shall develop and implement written policies and procedures for:

1. Prohibiting corporal punishment, chemical and mechanical restraints, and seclusion;

2. Ensuring that children are not subjected to physical, mental, or sexual abuse; verbal abuse or remarks that belittle or ridicule the child or his family; physical neglect or denied essential program or treatment services, meals, clothing, bedding, sleep, or personal care products; or any humiliating, degrading, or abusive actions;

3. Investigating, responding to, and reporting allegations of misconduct toward children, including reporting suspicions of child abuse or neglect to the local department of social services or the Child Abuse and Neglect Hotline;

4. Implementing the child's detailed back-up emergency care plan when the child's placement disrupts; and

5. Assigning designated casework staff to be available on call to foster parents 24 hours a day, 365 days a year.

E. The licensee shall develop and implement written policies and procedures for management of all records, written and electronic, that shall describe confidentiality, accessibility, security, and retention of records pertaining to the files of children, applicants for home provider, and approved home providers.

F. The licensee shall develop and implement written discharge policies and procedures governing children's planned and emergency discharges from the licensee's program and services.

G. The licensee shall develop and implement written policies and procedures governing foster parent's use of physical restraint. The policies and procedures shall include:

1. A description of all less intrusive behavior support and crisis management techniques approved by the licensee for use by foster parents;

2. A description of methods of restraint approved by the licensee;

3. A description of training required to be completed prior to use of each method of physical restraint;

4. A description of the licensee's method for determining that the foster care parent has the ability to apply the licensee's approved methods of physical restraint and crisis intervention;

5. A statement prohibiting the use of mechanical and chemical restraint for the purpose of behavior support; and

6. A statement prohibiting the use of seclusion of a child in a room or area secured by a door that is locked or held shut or secured by individuals physically blocking the door or using other physical or verbal means to block the door so that the child cannot leave the room or area.

H. The licensee shall develop and implement written policy and procedures to address the following:

1. Acceptable methods of behavior support; and

2. Specific unacceptable methods for behavior control and discipline.

I. The licensee shall have and implement licensee-approved written personnel polices including procedures to assure that persons employed in or designated to assume the responsibilities of each position possess the education, experience, knowledge, skills, and abilities specified in the job description for the position.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

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