Part III. Personnel or Staff
22VAC40-100-80. General requirements.
A. No institution shall hire personnel whose health, education achievements, emotional or psychological makeup impairs his ability to properly protect the health and safety of the children or is such that it would endanger the physical or psychological well-being of the children.
B. Each employee shall be qualified by age, health, education, and training and experience for the position he is to fill and shall have in addition qualities of character and temperament suitable for working with children.
C. Health information shall be maintained for the licensee or administrator for all staff members who come in contact with children or handle food:
1. Initial tuberculosis examination and report.
a. Within 30 days of employment or contact with children, each staff member shall obtain an evaluation indicating the absence of tuberculosis in a communicable form.
b. Each staff member shall submit a statement that he/she is free of tuberculosis in a communicable form, including the type or types of test or tests used and the result or results.
c. The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.
d. This statement shall be filed in the staff member's record.
2. Subsequent evaluations:
a. A staff member who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis must obtain chest x-rays on an annual basis for the following two years.
(1) The staff member shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form.
(2) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department.
(3) The statements shall be filed in the staff member's record.
(4) Screening beyond two years is not required unless there is known contact with a case of tuberculosis or development of chronic respiratory symptoms.
b. Additional screening is not required for a staff member who had a nonsignificant (negative) reaction to an initial tuberculin skin test.
c. Any staff member who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days of exposure/development, receive an evaluation in accord with subdivision C 1 of this section.
D. At the request of the licensee or administrator of the facility or the Department of Social Services, a report of examination by a licensed physician shall be obtained when there are indications that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.
E. Any individual who, upon examination or as a result of tests, shows indication of a physical or mental condition which may jeopardize the safety of children in care or which would prevent performance of duties:
1. Shall immediately be removed from contact with children and food served to children; and
2. Shall not be allowed contact with children or food served to children until the condition is cleared to the satisfaction of the examining physician as evidenced by a signed statement from the physician.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §IIIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
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.
22VAC40-100-100. Ratio of child care staff to children.
A. The staff-child ratio shall vary according to the ages of the children and the kinds of problems they present.
B. In determining the ratio of staff to children, the clerical workers, maintenance staff, and others who have no direct responsibility for children, must not be included.
C. The ratio of full-time staff carrying responsibility for the supervision of children shall be one adult for every 10 children over two years of age except where the needs of the children may warrant a higher or lower ratio. A minimum of one staff shall be on duty at night in each cottage or building where children sleep.
D. Except where necessary to prevent the separation of a family, an institution serving older children will not offer care to infants under two years of age. In instances where care is offered to children under two years of age, the ratio shall be one adult for every three infants.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §IIIC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-110. Personnel policies.
A. The institution shall have a written statement of personnel policies approved by the governing board of the agency outlining personnel practices as they affect both employer and employee which shall be given to the employee at the time of employment and shall include:
1. A description of his position which defines the qualifications, duties, and responsibilities of the position;
2. Salary;
3. Provisions for paid vacation, sick leave, and policy regarding national holidays observed in the institution;
4. Provisions for periodic evaluations of work performance;
5. A description of employment benefits, including retirement plan, hospitalization and other insurance, room and board; and
6. Resources for staff development.
B. The institution shall maintain an accurate personnel record on each employee which shall include:
1. Written application showing qualifications and experience;
2. Medical reports (see 22VAC40-100-80 C and D); and
3. Dates of employment and separation with reason for separation.
C. Every staff member who has direct 24-hour supervisory contact with children must have available at least four days off duty each month and a minimum of two hours of free time each day.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §IIID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.