Part V. Programs and Services
22VAC40-100-180. Request for service (intake) and alternative planning (discharge) of children.
Policies regarding the above shall be defined and periodically reviewed and changed as needs and conditions dictate.
1. No child shall be accepted for care until it is clearly established that he needs care apart from his family and is in need of the particular kind of care which the institution has to offer. This must be determined through mutual exploration involving all parties concerned with the child's welfare.
2. Acceptance for care shall be based upon:
a. Social data;
Full name of child;
Date and place of birth;
Sex of child;
Name and addresses of parents and their marital status;
Names, ages, and sex of siblings with addresses when possible;
Religion of parents;
Racial and national background; and
Custody status;
b. Medical history and current medical condition;
c. The child's approximate mental level, as determined by the grade ratio or a statement of a physician or psychologist or both;
d. Significant information to show why the child requires care apart from his family must be established.
3. On the basis of this study, an institution shall not admit:
a. A child whose needs it cannot meet. In determining whether the child's needs may be met, the following are some factors to be considered:
(1) Availability of educational facilities suitable to the child's needs;
(2) The age group of children presently in the institution relative to the age of the applicant;
(3) The mental, physical, or emotional condition of the other children in the institution relative to that of the applicant;
(4) The child's health needs relative to the capabilities of the institution to supply such needs;
(5) The lack of trained professional staff necessary to provide the child with maintenance, care, or treatment required by his physical, mental, or emotional condition.
b. A child whose presence would be undesirable or dangerous to other children in the institution. This should not be interpreted to exclude children who merely have behavior difficulties of a comparatively mild nature, but children whose health or behavior is such that association with them would be seriously detrimental to normal children.
4. Children shall be accepted only by court commitment or on written agreement with parents, legal guardian, or other person having legal authority to make such an agreement.
5. There shall be an entrustment between the child's parents or guardian and the institution through which written consent for the child's placement in the institution is given and a basis of cooperation between parent and administration is established. This shall not be interpreted to mean that the parent shall surrender all legal right to the child to the institution. Parental surrender shall not be required under usual circumstances.
6. Agreement forms shall be devised by the institution and shall recognize the mutual rights of the parties in placement, clearly defining areas of joint responsibility as they affect the institution's ability to serve or continue serving a child. Such forms shall be approved by the State Department of Social Services.
7. Both the institution and the parties to placement shall have a copy of the agreement.
8. An institution receiving children under emergency circumstances shall have staff and special facilities for reception, including if necessary, temporary isolation from other children in residence.
9. Institutions equipped to handle temporary placements shall emphasize the temporary nature of such placements in their written agreements with referring persons or agencies.
10. Satisfactory effort must be devoted to preparing the child for admission to the institution. It is essential that careful attention be given the child during the first two or three weeks in order that the initial adjustment may be as favorable as possible.
a. Preparation of a child for his admission shall be in a manner consistent with his age and ability to participate in the plan and to understand the reasons for the placement.
b. Whenever possible and feasible to do so, arrangements shall be made for the child to make at least one pre-placement visit to the institution. If a pre-placement visit is not possible or feasible, the child shall be given some detailed description or picture of the institution, staff, children, and activities that will be part of his daily living.
c. Timing of the child's admission shall be so planned that it will be least distressing to him and least disrupting to the staff and other children who will be sharing the same living unit.
11. Residence within the institution shall be considered continuous preparation for the time when the child no longer needs care therein.
a. Adequate attention shall be given to preparing the child for leaving the institution as the time therefore approaches.
b. Children under 18 years of age may be discharged only to the responsible person from whom they were accepted, except in cases where the legal responsibility for the child has been transferred from one person to another during the period of the child's stay in the institution. Discharge shall be to and with the planning of the responsible person, or upon order of a court of competent jurisdiction.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-190. Placement of children outside the institution.
A. No institution may make placements of a child away from the institution except for medical or surgical care, attendance at an accredited public or private school, or vacations without first having obtained a Child Placing Agency license.
B. Such placements shall not be made without the knowledge and consent of the individual or individuals or agency legally responsible for the child.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-200. Health.
A. Timing and frequency of physical examinations
1. Each child accepted for care shall have a physical examination by or under the direction of a licensed physician no earlier than 90 days prior to placement in the facility.
EXCEPTIONS: a. If a child transfers from one residential facility licensed or certified by a state agency to another, the report of an examination within the preceding 12 months shall be acceptable.
b. If a child is admitted on an emergency basis and a report of physical examination is unavailable, a physical examination shall be conducted within 30 days after placement. (See 22VAC40-100-180 8.)
2. Following the initial examination, each child shall have a physical examination annually.
3. Additional or follow-up examinations and treatment shall be required when:
a. Prescribed by the examining physician, or
b. Symptoms indicate the need for an examination or treatment by a physician.
B. Required content of physical examinations.
1. Each report of physical examination shall include:
a. The date of the physical examination; and
b. The signature of a licensed physician, the physician's designee, or an official of a local health department.
2. Each examination report shall include information concerning:
a. Immunizations administered;
b. Visual acuity;
c. Auditory acuity;
d. General physical condition, including documentation of apparent freedom from communicable diseases, including tuberculosis;
e. Allergies, chronic conditions, and handicaps, if any;
f. Nutritional requirements, including special diets, if any;
g. Restriction of physical activities, if any; and
h. Recommendations for further treatment, immunizations, and other examinations indicated.
3. When it is not in the best interest of a child with a communicable disease to prohibit admission, the child may be admitted only after a licensed physician certifies that:
a. The facility is capable of providing care to the child without jeopardizing other children in care and staff; and
b. The facility is aware of the required treatment for the child and procedures to protect other children in care and staff.
C. Responsibility for Health Program.
1. It is the responsibility of the institution to maintain and promote the health of children for whom it assumes responsibility. The health program shall be under the continuing technical direction of a physician.
2. The nutrition of the children is a vital aspect of the total health program. Planning, preparation, and serving of food shall be in accordance with nutritional, social, and environmental sanitation needs of the children. Menus shall be available upon request by the commissioner's representative.
3. A positive attitude toward good health and oral and dental hygiene shall be promoted. Standards of hygiene in relation to bathing, appropriate handwashing, and toothbrushing shall be maintained.
D. Annual dental inspection with recommendations for follow-up dental care as indicated.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-210. Education.
A. The institution shall arrange for the education of each child in care. The education shall be in compliance with state or local laws, or both, pertaining to compulsory school attendance.
B. Where academic educational facilities are operated by the institution, the following requirements must be met:
1. If teachers are employed by the institution, they must hold a Virginia Teacher's Certificate and must be eligible for employment in the public school system and shall be required to teach only those areas and subjects for which they are certified;
2. Teachers shall be chosen on the basis of their qualifications and their ability to work with children, and shall have the ability to work cooperatively with other institutional staff in meeting the needs of the children served.
C. The institution shall give consideration to providing vocational training according to the child's ability.
1. If teachers are employed by the institution, they must hold a Virginia Industrial and Education Certificate and must be eligible for employment in the public school system and shall teach only those subjects for which they are certified.
2. Teachers shall be chosen on the basis of their qualifications and their ability to work with children and shall have the ability to work cooperatively with other institutional staff in meeting the total needs of children served.
D. The institution shall give consideration to providing the opportunity for higher education according to the child's ability.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VD, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-220. Religious training.
A. The institution shall be responsible for providing religious education and experience. Children shall be taught to respect the practices of different faiths and to accept the right to different forms of worship.
B. Each institution shall have clearly defined policies regarding religious training for the information of those considering the placement of children in the institution.
C. Children shall be encouraged to participate in religious activities, but shall not be coerced.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VE, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-230. Recreation.
A. Each institution shall provide individual and group recreational opportunities appropriate to the age, interests, and needs of each child. Individual initiative and creativity shall be encouraged.
B. Competent adult direction and supervision of the recreational program shall be provided both indoors and outdoors. This shall include use of any open body of water.
C. The recreational program of the institution shall include maximum use of available community recreational resources and facilities.
D. The institution shall provide suitable space and appropriate equipment for both indoor and outdoor recreation.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VF, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-240. Community relationships.
A. The child, under staff supervision, shall be given opportunities to take part in community life when he has gained sufficient security in the group living situation.
B. Children shall be encouraged to become acquainted with and develop appreciation for the cultural and educational resources of the community, such as places of historical interest, museums, art galleries, etc.
C. Community participation shall also be furthered by allowing older children who can do so to accept employment in the community, either in paid or volunteer jobs, not only to earn spending money, but also to become a part of the everyday working community.
D. Community interest in children and efforts in their behalf (public parties, entertainment, invitations to visit families) shall be carefully evaluated to ascertain that these are in the best interest of the children.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VG, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-250. Use of volunteers.
A. Volunteers shall be used to enrich the program by bringing to it specialized skills and interests not otherwise available to the children through staff and to offer opportunities for relationships and individualized attention.
B. To limit disruption to the program of the institution and disappointment of children, staff member in charge of volunteers shall determine during early stage of involvement whether the volunteer demonstrates dependability for a particular assignment.
C. Turnover of volunteers shall be kept to a minimum.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VH, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-260. Social work services.
A. Social work services shall be the function of the social work staff either employed or contracted and shall include:
1. Regular contacts with the child and his parents or guardian to help them maintain their relationships with the child and plan for his future care;
2. A review of each child's status, progress, and family situation at least semiannually and more frequently as needed for the purpose of evaluating the need for continuing care in the institution or a different form of care;
3. Help for the child with problems that affect his ability to have satisfying personal relationships and use of his capacity for growth;
4. Conferences with child care staff, providing sufficient information about the child and his family situation so that they may understand the child's needs and help him to his adjustment to group living;
5. Appropriate referrals to and maintenance of continuing relationships with community resources and services needed by the children and their parents;
6. Close work with the child and child placing agency with whom placement outside the institution is being considered.
B. Periodic conferences shall be held with child placing agencies holding custody of children in care.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VI, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-270. Clothing.
A. Children shall be provided with adequate, comfortable, and well-fitting clothes, appropriate in style to those generally worn by children of their age in the community.
B. Each child shall have clothing exclusively for his own use.
C. Children shall be permitted to participate in the selection and purchase of their own clothing whenever possible and appropriate.
D. Institutions shall consider the use of cash clothing budget plans for each child, particularly for adolescents.
E. Clothing shall be individually inventoried and currently reviewed to check for repairs and replacement. The results of such inventories shall be reported promptly to the proper administrative staff person.
F. When the child leaves the institution, he shall be allowed to take his clothing with him.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VJ, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-280. Allowances.
A. The institution must provide opportunities for children to learn the value and use of money through earning, spending, giving and saving.
B. Every child shall be assured an allowance appropriate to his age. The allowance shall be regular and in an amount known to the child.
C. Children, depending upon their age, shall be able to spend designated portions of their money without accounting to staff.
D. Children who earn money shall be helped to budget their own money.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VK, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-290. Discipline.
A. Different approaches are required for different kinds of children and groups.
B. A clear differentiation shall be made between rights and privileges of children.
C. Punishment, control, and discipline of children shall be an adult responsibility.
D. Punishment shall be related to the specific misbehavior. Excessive, degrading, or vindictive punishment is prohibited.
E. Institutions shall not allow deprivation of meals, or prohibit mail and family visits as a method of punishment.
F. Physical punishment or isolation, or both, of a child shall require the approval of the administrator or his designee. In all instances, the administrator shall be notified of the child's physical punishment or isolation, or both. At any time a child is confined to his quarters, he shall not be without means of communicating with staff.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VL, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-300. Visitation.
A. Parents and other individuals important to the child shall have the right to reasonable visiting privileges according to the formulated plan.
B. Visiting hours shall be flexible in order to meet the needs of children in placement and their parents.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VM, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.