Administrative Code

Virginia Administrative Code
9/25/2022

Chapter 210. Compulsory Minimum Training Standards for Direct Care and Security Employees in Juvenile Correctional Centers

6VAC35-210-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board of Juvenile Justice.

"Department" means the Department of Juvenile Justice.

"Direct care employee" means an employee whose primary job responsibilities are (i) maintaining the safety, care, and well-being of residents; (ii) implementing the structured program of care and the behavior management program; and (iii) maintaining the security of the facility. For purposes of this chapter, the term "direct care employee" shall include a security employee assigned, either on a primary or as-needed basis, to perform the duties of clauses (i), (ii), and (iii) of this definition and who is required to receive initial and annual training in these areas in order to carry out the responsibilities in clauses (i), (ii), and (iii) of this definition.

"Director" means the director of the department.

"Juvenile correctional center" means a public or private facility operated by or under contract with the department where care is provided to residents under the direct care of the department 24 hours a day, seven days a week.

"Mechanical restraint" means an approved mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of an individual's body as a means of controlling his physical activities when the individual being restricted does not have the ability to remove the device.

"Mechanical restraint chair" means an approved chair used to restrict the freedom of movement or voluntary functioning of a portion of an individual's body as a means of controlling the individual's physical activities while seated and either stationary or being transported.

"Protective device" means an approved device placed on a portion of a resident's body to protect the resident or staff from injury.

"Security employee" means an employee who is responsible for maintaining the safety, care, and well-being of residents and the safety and security of the facility.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-20. Applicability.

This chapter applies exclusively to direct care employees and security employees working full-time or part-time in a state-operated juvenile correctional center or in a privately operated juvenile correctional center governed by the Juvenile Corrections Private Management Act (§ 66-25.3 et seq. of the Code of Virginia). Staff employed in juvenile boot camps or locally, regionally, or privately operated alternative direct care programs for juveniles are not subject to the requirements of this chapter.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-30. Training providers.

All training required by this chapter shall be provided by department-approved general instructors unless otherwise specified.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-40. Compulsory minimum training standards.

A. Pursuant to the provisions of subdivision 9 of § 66-10 of the Code of Virginia, the board establishes these compulsory minimum training standards.

B. Individuals hired as direct care employees or security employees shall successfully complete the following:

1. A minimum of 120 hours of department-approved initial training in accordance with 6VAC35-71-160;

2. Facility orientation in accordance with 6VAC35-71-150;

3. A minimum of 24 hours of juvenile correctional center staff observation, during which time the trainee shall not be counted in coverage for purposes of meeting the staffing ratio requirements in 6VAC35-71-830; and

4. At least 36 hours of training on a juvenile correctional center housing unit.

C. Direct care employees and security employees shall receive training by medical staff on the following topics: (i) the general care of pregnant residents; (ii) the impact of placement in restrictive housing or room confinement, body cavity searches, and restraints on pregnant residents; and (iii) the impact of restraints on fetuses.

D. Direct care employees and security employees shall complete a minimum of 40 hours of department-approved annual training in accordance with 6VAC35-71-170.

E. Advanced or specialized training shall be required only for direct care and security employees authorized to use mechanical restraints, the mechanical restraint chair, and protective devices. The department shall make other advanced or specialized training available to direct care employees and security employees as a means of enhancing job skills and competencies but shall not require direct care or security employees to complete advanced or specialized training in order to assume position responsibilities.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-50. Time requirements for completion of training.

A. A direct care or security employee may not work directly with a resident until the employee has completed all training and orientation required in 6VAC35-210-40 or unless at least one other employee who has completed all applicable facility-based orientation and training is present and supervising the resident.

B. Direct care and security employees shall successfully complete additional refresher training on a recurring basis in accordance with subsection D of 6VAC35-210-40.

C. Required advanced or specialized training shall be completed before direct care or security employees may apply mechanical restraints, the mechanical restraint chair, or protective devices.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-60. Testing and attendance requirements.

A. Direct care employees and security employees shall be deemed in successful completion of training upon satisfying the following testing requirements:

1. Successful passage of all administered written and practical tests, and

2. Demonstrated mastery in all physical restraint techniques.

B. Direct care employees and security employees shall be deemed noncompliant with these minimum standards and subject to the sanctions set out in 6VAC35-210-70 if they are absent from training for a cumulative period of 32 hours or more during the first five weeks of initial training, regardless of the topic addressed.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-70. Failure to comply with minimum standards.

A direct care or security employee who fails to comply with the minimum attendance requirements or to successfully complete the compulsory initial training shall be removed from service with the department and required to repeat the application and training process in order to qualify for a direct care or security employee position in the future. The department shall follow all applicable policies, rules, and regulations of the Virginia Department of Human Resource Management before imposing this sanction.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-80. Development and approval of performance outcomes.

A. The department shall develop a performance outcomes document that describes the knowledge and competencies the department expects an employee to demonstrate after completing the training required in this chapter.

B. The performance outcomes shall be approved by the board. The board shall have the authority to amend these outcomes at any time and to establish a practicable timeline for implementation.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

6VAC35-210-90. Training documentation.

The department shall maintain documentation for a minimum period of three years demonstrating that each direct care employee and security employee has complied with the requirements in this chapter.

Statutory Authority

§ 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 12, eff. March 18, 2022.

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