Part II. Administration
12VAC35-46-170. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; repealed, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-180. Responsibilities of the provider.
The provider shall develop and implement written policies and procedures to monitor and evaluate service quality and effectiveness on a systematic and ongoing basis. The provider shall implement improvements when indicated.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-190. Fiscal accountability.
A. The provider shall maintain a system of financial recordkeeping that shows a separation of the provider's accounts from all other accounts.
B. The provider shall keep individual accounts separate. Providers shall not commingle funds of multiple individuals receiving services.
C. The provider shall identify in writing the title and qualifications of the person with designated authority and responsibility for the fiscal management of the provider's services.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-200. Insurance.
A. The provider shall maintain liability insurance covering the premises and the facility's operations.
B. The provider shall provide documentation that all vehicles used to transport residents are insured, including vehicles owned by staff.
C. At a minimum, the person who has the authority and responsibility for fiscal management shall be bonded.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-210. Fundraising.
The provider shall not use residents in its fundraising activities without written permission of the legal guardian and the permission of residents 14 years or older.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-220. Weapons.
The provider shall develop and implement a written policy prohibiting firearms, pellet guns, air guns, or other weapons on the premises or at facility-sponsored activities unless the weapon is:
1. In the possession of licensed security personnel or a law-enforcement officer;
2. Kept securely under lock and key; or
3. Used by a resident with the legal guardian's permission under the supervision of a responsible adult in accordance with policies and procedures developed by the facility for the weapon's lawful and safe use.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-230. Relationship to the department.
The provider shall submit or make available to the department such reports and information as the department may require to establish compliance with this chapter and other applicable regulations and statutes.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-240. Facilities serving persons over the age of 17 years.
Facilities that are approved to serve persons over the age of 17 years shall comply with these regulations for all occupants regardless of age, except when it is determined by the department that housing, programs, services, and supervision for such persons are provided separately from those for the other residents.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-250. Health information.
A. Health information required by this section shall be maintained for each staff member and for each individual who resides in a building occupied by residents, including each person who is not a staff member or resident of the facility. Health information shall be handled, maintained, and stored in a fashion that maintains confidentiality of the information at all times.
B. At the time of hire or residency at the facility, each individual shall submit the results of a tuberculosis screening assessment documenting the absence of tuberculosis in a communicable form as evidenced by the completion of a form containing, at a minimum, the elements of a current screening form published by the Virginia Department of Health. The screening assessment shall be no older than 30 days.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-260. Physical or mental health of personnel.
A. The provider or the department may require a report of examination by a licensed physician or mental health professional when there are indications that an individual's physical, mental, or emotional health may jeopardize the care of residents.
B. An individual who is determined by a licensed physician or mental health professional to show an indication of a physical or mental condition that may jeopardize the safety of residents or that would prevent the performance of duties shall be removed immediately from contact with residents and food served to residents until the condition is cleared as evidenced by a signed statement from the physician or mental health professional.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-270. Qualifications.
A. Regulations establishing minimum position qualifications shall be applicable to all providers. In lieu of the minimum position qualifications contained in this chapter, providers subject to (i) the rules and regulations of the Virginia Department of Human Resource Management or (ii) the rules and regulations of a local government personnel office may develop written minimum entry-level qualifications in accordance with the rules and regulations of the supervising personnel authority.
B. A person who assumes or is designated to assume the responsibilities of a position or any combination of positions described in this chapter shall:
1. Meet the qualifications of the position;
2. Fully comply with all applicable regulations for each function; and
3. Demonstrate a working knowledge of the policies and procedures that are applicable to the person's specific position.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-280. Job descriptions.
There shall be a written job description for each position that, at a minimum, includes the:
1. Job title;
2. Duties and responsibilities; and
3. Minimum education, experience, knowledge, skills, and abilities required for entry.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-290. Written personnel policies and procedures.
A. The provider shall have and implement provider approved written personnel policies and make its written personnel policies readily accessible to each staff member.
B. The provider shall develop and implement written policies and 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
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-300. Personnel records.
A. Separate up-to-date personnel records shall be maintained for each employee, student or intern, volunteer, and contractual service provider for whom background investigations are required by Virginia statute. Content of personnel records of volunteers, students or interns, and contractual service providers may be limited to documentation of compliance with requirements of Virginia laws regarding child protective services and criminal history background investigations.
B. The records of each employee shall include:
1. A completed employment application form providing the individual's name, address, telephone number, and social security number or other unique identifier;
2. Educational background and employment history, including dates of employment for each position held and separation;
3. Professional references;
4. Reports of required health examinations;
5. Annual performance evaluations;
6. Documentation of compliance with requirements of Virginia laws regarding child protective services and criminal history background investigations;
7. Documentation of educational degrees or professional credentials, as applicable;
8. Documentation of all training required by this chapter and any other employee development received by individual staff; and
9. A current job description.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-310. Staff development.
A. Required initial training.
1. Within seven days following their begin date, each staff member responsible for supervision of children shall receive basic orientation to the facility's behavior intervention policies, procedures, and techniques regarding less restrictive interventions, timeout, and physical restraint.
2. Within 14 days following an individual's begin date, and before an individual is alone supervising children, the provider shall conduct emergency preparedness and response training that shall include:
a. Alerting emergency personnel and sounding alarms;
b. Implementing evacuation procedures, including evacuation of residents with special needs (e.g., deaf, blind, nonambulatory);
c. Using, maintaining, and operating emergency equipment;
d. Accessing emergency information for residents, including medical information; and
e. Utilizing community support services.
3. Within 14 days following their begin date, new employees, employees transferring from other facilities operated by the same provider, relief staff, volunteers, and students and interns shall be given orientation and training regarding:
a. The objectives of the facility;
b. Practices of confidentiality;
c. The decision-making plan;
d. This chapter, including the prohibited actions as outlined in this chapter; and
e. Other policies and procedures that are applicable to the individual's positions, duties, and responsibilities.
4. Within 30 days following their begin date, all staff working with residents shall be enrolled in a standard first aid class and in a cardiopulmonary resuscitation class facilitated by the American Red Cross or other recognized authority, unless the individual is currently certified in first aid and cardiopulmonary resuscitation.
5. Within 30 days following their begin date, all staff working with residents shall be trained in child abuse and neglect, mandatory reporting, maintaining appropriate professional relationships and interaction among staff and residents, and suicide prevention.
6. Within 30 days following their begin date, all staff shall be trained on the facility's policies and procedures regarding standard precautions.
7. Within 30 days following their begin date, all staff shall be trained on appropriate siting of children's residential facilities and good neighbor policies and community relations.
8. Before administering medication, all staff responsible for medication administration shall have successfully completed a medication training program approved by the Board of Nursing or be licensed by the Commonwealth of Virginia to administer medications.
9. The provider shall carry out targeted staff training in any area of quality improvement as identified from the results of the quality improvement plan.
B. Required annual retraining.
1. All employees, contractors, students and interns, and volunteers shall complete an annual refresher emergency preparedness and response training that shall include:
a. Alerting emergency personnel and sounding alarms;
b. Implementing evacuation procedures, including evacuation of residents with special needs ( e.g., deaf, blind, nonambulatory);
c. Using, maintaining, and operating emergency equipment;
d. Accessing emergency information for residents, including medical information; and
e. Utilizing community support services.
2. All staff who administer medication shall complete annual refresher medication training.
3. All child care staff shall receive annual retraining on the provider's behavior supports and timeout policies and procedures.
4. All staff working with residents shall receive annual retraining in child abuse and neglect, mandatory reporting, maintaining appropriate professional relationships and interaction among staff and residents, and suicide prevention.
5. All staff shall receive annual retraining on the provider's policies and procedures regarding standard precautions.
C. Training provided shall be comprehensive and based on the needs of the population served to ensure that staff have the competencies to perform their jobs.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-320. Staff supervision.
The provider shall develop and implement written policies and procedures regarding the supervision of employees, volunteers, contractors, and students/interns. These policies and procedures shall include:
1. Type of supervision;
2. Frequency of supervision; and
3. How the supervision will be documented.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-330. The applicant.
As a condition of initial licensure and, if appropriate, license renewal, each applicant shall:
1. Provide documentation of training on appropriate siting of children's residential facilities and good neighbor policies and community relations;
2. Be interviewed in person by the department to determine the qualifications of the owner or operator as set out in this chapter; and
3. Provide evidence of relevant prior experience.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-340. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; repealed, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-350. Program director.
A. The facility's program shall be directed by one or more qualified persons.
B. Persons directing programs shall be responsible for the development and implementation of the programs and services offered by the facility, including overseeing assessments, service planning, staff scheduling, and supervision.
C. Persons directing programs of a facility licensed to care for 13 or more residents shall be full-time, qualified staff members.
D. A person appointed after December 28, 2007, to direct programs shall have at least:
1. A master's degree in social work, psychology, counseling, or nursing and a combination of two years professional experience with children in a children's residential facility and in administration or supervision;
2. A baccalaureate degree in social work, psychology, counseling, or nursing and a combination of three years professional experience with children in a children's residential facility and in administration or supervision;
3. A baccalaureate degree and a combination of four years of professional experience with children in a children's residential facility and in administration or supervision; or
4. A license issued by the Commonwealth of Virginia as a drug or alcoholism counselor/worker if the facility's purpose is to treat drug abuse or alcoholism.
E. For services providing brain injury services, a person appointed to direct programs shall have a master's degree in psychology, or be a nurse licensed in Virginia, a rehabilitation professional licensed in Virginia, or a Certified Brain Injury Specialist with at least one year of clinical experience working with individuals with brain injury. Program directors who hold a bachelor's degree in the field of institutional management, social work, education, or other allied discipline shall have a minimum of two years of experience working with individuals with brain injury.
F. Any applicant for the program director position shall submit the following to demonstrate compliance with the qualifications required by this regulation for the program director:
1. Official transcripts from the accredited college or university of attendance within 30 days of hire; and
2. Documentation of prior relevant experience.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-360. Case manager.
A. Case managers shall have the responsibility for coordination of all services offered to each resident.
B. Case managers shall have:
1. A master's degree in social work, psychology, or counseling;
2. A baccalaureate degree in social work or psychology with documented field work experience and shall be supervised by the program director or other staff employed by the provider with the same qualifications; or
3. A baccalaureate degree and three years of professional experience working with children.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-370. Child care supervisor.
A. Child care supervisors shall have responsibility for the:
1. Development of the daily living program within each child care unit; and
2. Orientation, training, and supervision of direct care workers.
B. Child care supervisors shall have:
1. A baccalaureate degree in social work or psychology and two years of professional experience working with children one year of which must have been in a residential facility for children;
2. A high school diploma or a General Education Development Certificate (G.E.D.) and a minimum of five years professional experience working with children with at least two years in a residential facility for children; or
3. A combination of education and experience working with children as approved by the department.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-380. Child care staff.
A. Each child care worker shall be responsible for guidance and supervision of the children to whom the child care worker is assigned.
B. Each child care worker and relief child care worker shall furnish evidence of having obtained one of the following experience or education standards:
1. A baccalaureate degree in human services;
2. An associate's degree and three months of experience working with children; or
3. A high school diploma or G.E.D. and six months of experience working with children.
C. A person with a high school diploma or G.E.D. and less than six months of experience working with children may be hired as child care staff, provided that the person does not work independently. Provisional child care staff shall at all times work directly with the program director, case manager, child care supervisor, or an experienced child care worker who has at least one year of professional experience working with children.
D. A person serving in a child care worker's position shall be at least 19 years of age, except as provided in 12VAC35-46-270 A.
E. The provider shall not be dependent on temporary contract workers to provide resident care.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-390. Relief staff.
Qualified relief staff shall be employed as necessary to meet the needs of the programs and services offered and to maintain a structured program of care in accordance with these regulations.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-395. Additional requirements for residential facilities for individuals with brain injury.
The provider of brain injury services shall employ or contract with a neuropsychologist or licensed clinical psychologist specializing in brain injury to assist, as appropriate, with initial assessments, development of individualized service plans, crises, staff training, and service design.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.
12VAC35-46-400. Volunteers, students, and interns.
The facility shall not be dependent upon volunteers, students, or interns to provide basic services.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009; amended, Virginia Register Volume 41, Issue 18, eff. June 19, 2025.
12VAC35-46-410. Support functions.
A. Child care workers and other staff responsible for child care may assume the duties of nonchild care personnel only when these duties do not interfere with their child care responsibilities.
B. Residents shall not be solely responsible for support functions including, but not necessarily limited to, food service, maintenance of building and grounds, and housekeeping.
Statutory Authority
§§ 37.2-203 and 37.2-408 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.