Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) Of Juvenile Justice
Chapter 20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities
1/25/2022

6VAC35-20-120. Actions following decertification or denial of certification.

A. When a program or facility operated by the department is decertified or denied certification, the department shall take remedial action and may choose to close the program or facility or relocate the residents.

1. A report shall be sent to the board within 90 calendar days after the decertification or denial detailing the actions taken by the department to (i) bring the program or facility into compliance with all regulatory requirements and (ii) protect the health, welfare, or safety of the residents.

2. If after 90 calendar days the program or facility has not met the requirements for at least conditional certification and the department has not closed the program or facility, the board shall recommend to the Governor and the Secretary of Public Safety appropriate action to be taken under the circumstances.

B. When a program or facility that is locally, regionally, or privately operated is decertified or denied certification, the board and the department may take any and all of the following actions as appropriate to the circumstances:

1. The facility supervisory and the governing authority may be required to reorganize the program structure or take necessary personnel action or any other steps as may be necessary to qualify the program or facility for at least a conditional certification within 90 calendar days.

2. The director or designee may, as applicable, reduce or suspend funding to the program or facility in accordance with §§ 16.1-322.1, 16.1-309.9 C, or 66-30 of the Code of Virginia or may withdraw the approval required by § 16.1-249 A (3) and (4) of the Code of Virginia.

3. The board may enter an order, pursuant to § 16.1-309.9 B of the Code of Virginia, prohibiting or limiting the placement of children in the program or facility.

4. The department shall not utilize facilities for residential placements that are decertified or denied certification.

Statutory Authority

§§ 16.1-233 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-10-001 § 3.8, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

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