Administrative Code

Virginia Administrative Code
7/20/2024

Part III. Personnel

22VAC40-131-120. Access to written personnel policies.

The licensee shall make the child-placing agency's written personnel policies readily accessible to each staff member.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-130. Job descriptions.

A. There shall be a written job description for each position that includes:

1. Job title;

2. Duties and responsibilities of the incumbent;

3. Job title of the immediate supervisor; and

4. Minimum education, experience, knowledge, skills, and abilities required for entry-level performance of the job.

B. A copy of the job description shall be given to each person assigned to a position at the time of employment or assignment to the position.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-140. Staff composition and qualifications.

A. A staff member shall be designated to perform each function described in this chapter.

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 meet the qualifications of each position held.

C. Executive director.

1. Each licensee shall appoint an executive director. An entity such as a corporation or company shall not serve as the executive director.

2. Each licensee shall delegate to the executive director the responsibilities for the general administration and day-to-day operation of the child-placing agency including implementation of all child-placing agency programs, policies, procedures, and financial management.

3. The executive director shall have a doctorate or master's degree from an accredited college or university plus five years of experience in a social service agency or program including one year in an administrative, supervisory, or consultative capacity.

D. Program director.

1. The program director shall:

a. Supervise directly or through others all child‑placing staff and activities; and

b. Assist the executive director in the formulation and implementation of the agency's policies and programs related to child placing and in the specific program area in which he works.

2. The program director shall have either a doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education plus three years of experience in providing casework services to children and their families and one year as an administrator or supervisor of casework services.

3. If the program director does not have a doctorate or master's degree in social work, he shall have a doctorate or master's degree in a field related to social work such as, but not limited to, sociology, psychology, special education, or counseling; and at least four years casework service experience with children and families, two of which must be in providing casework services to children and families in a child-placing agency and one year of experience must be as an administrator or supervisor of casework services.

E. Child‑placing supervisor.

1. A child-placing agency employing six or more caseworkers shall employ a child‑placing supervisor.

2. The child-placing supervisor shall be responsible for direct supervision of caseworkers.

3. Each child-placing supervisor shall supervise no more than a total of eight caseworkers at any one time.

4. The child-placing supervisor shall have:

a. A doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education plus three years of experience in providing casework services to children and families;

b. A doctorate or master's degree in a field related to social work such as, but not limited to, sociology, psychology, special education, or counseling with at least four years of experience in providing casework services to children and families in a child-placing agency; or

c. A baccalaureate degree in any field plus five years of experience in providing casework services to children and families.

F. Case worker.

1. Responsibilities of the caseworker include:

a. Interviewing children and families;

b. Conducting and writing home studies;

c. Service planning by developing individualized treatment and service plans;

d. Counseling children and families in preparation for placement or discharge;

e. Supervising children in resource, foster, and adoptive homes; and in independent living arrangements;

f. Preparing and maintaining case records;

g. Coordinating services to minimize fragmentation of care, reduce barriers, and link children with appropriate services to ensure comprehensive, continuous access to needed medical, social, educational, and other services appropriate to the needs of the child;

h. Assessing periodically to determine the child's needs for psychosocial, nutritional, medical, and educational services;

i. Coordinating referrals by assisting the child in arranging for appropriate services and ensuring continuity of care for a child in treatment foster care. The case worker shall link the child to services and supports specified in the individualized treatment and service plan. The case worker shall directly assist the child to locate or obtain needed services and resources. The case worker shall coordinate services and service planning with other agencies and providers involved with the child by arranging, as needed, medical, remedial, and dental services;

j. Monitoring and following up by assessing ongoing progress in each case and ensuring services are delivered. The case worker shall continually evaluate and review each child's plan of care. The case worker shall collaborate with the family assessment and planning teams and other involved parties on reviews and coordination of services to children and their families;

k. Educating and counseling by guiding the child and developing a supportive relationship that promotes the service plan; and

l. Collaborating closely with the family assessment and planning teams and other involved parties in preparation of all case plans.

2. The case worker shall have:

a. A doctorate or master's degree in social work from a college or university accredited by the Council on Social Work Education or a field related to social work such as sociology, psychology, special education, or counseling, with a student placement in casework services to children and families or one year of experience in providing casework services to children and families;

b. A baccalaureate degree in social work or a field related to social work including, but not limited to, sociology, psychology, special education, or counseling and one year of experience in providing casework services to children and families; or

c. A baccalaureate degree in any field plus two years experience in providing casework services to children and families.

G. Case worker trainee. When a child-placing agency employs a casework trainee, all of the following conditions shall be met:

1. The trainee shall have a baccalaureate degree in any field;

2. The program director or a child-placing supervisor shall directly supervise the trainee and develop a written training program listing topics to be covered during the period of time the individual is a trainee; and

3. Placement decisions made by the trainee shall be approved by the supervisor.

H. Students or interns receiving professional training.

1. If the licensee's child-placing agency provides professional training to undergraduate or graduate students or interns, it shall have a written plan for their selection, orientation, training, supervision, assignment, and evaluation.

2. An individual with a doctorate degree or a master's degree in social work from a college or university accredited by the Council on Social Work Education shall supervise students or interns who perform child‑placing activities and approve all placement decisions made by the student or intern.

3. The licensee's child-placing agency shall not be wholly dependent upon the use of students or interns receiving professional training to ensure the provision of services.

I. Volunteers.

1. The child-placing agency shall, if it makes use of volunteers, have a written plan for selection, orientation, training, supervision, and assignment.

2. Staff who usually supervise or perform the assigned tasks shall supervise volunteers.

3. When the volunteer is used to perform any staff function or responsibility, the volunteer shall meet the qualifications for the function or responsibility performed.

4. The licensee's child-placing agency shall not be wholly dependent upon the use of volunteers to ensure the provision of services.

J. Consultants. All consultants engaged to provide services to the licensee's child-placing agency or to children and their families served by the child-placing agency shall be professionally qualified according to the requirements of the Code of Virginia governing professions.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-150. Staff development.

A. Any staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families shall participate in orientation and training.

B. Required initial orientation:

1. Prior to assuming the responsibilities of his position in the licensee's child-placing agency and within 30 days of the date of employment, each staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families shall receive orientation that includes:

a. The licensee's description of programs and services including population served;

b. The applicable position job descriptions for each position assumed by the individual; and

c. All training topics identified by the licensee including:

(1) Policies and procedures regarding expectations for service delivery;

(2) Practices regarding protection of confidential information;

(3) Documentation protocols;

(4) The Standards for Licensed Child-Placing Agencies (22VAC40-131), child-placing related Virginia statutes, and child-placing related policy and guidance documents and broadcasts issued by the Division of Family Services, Department of Social Services;

(5) Virginia statutes regarding reporting requirements for suspected child abuse and neglect;

(6) Prohibition of corporal punishment;

(7) The licensee's policies regarding discipline and behavior management;

(8) Pre-service training core competencies for resource, foster, and adoptive family home providers; and

(9) The licensee's emergency preparedness and response plan.

2. Child-placing agencies licensed to provide treatment foster care shall provide additional training to each professional staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families. The training shall be provided prior to that staff member assuming the responsibilities of his position and within 30 days of the date of his employment. The training shall include:

a. The licensee's treatment philosophy and specific treatment methodologies including the provision of case management services and crisis intervention techniques;

b. The current requirements of the Department of Medical Assistance Services related to the provision of treatment foster care case management services, if the licensee accepts Medicaid reimbursements for case management services;

c. Orientation in effectively working with children who have emotional and behavioral problems and who may have been abused and neglected;

d. Procedures and requirements regarding foster care placements;

e. Services to children and their families;

f. Services to foster parents;

g. Assessment and evaluation of foster homes;

h. Training of foster home parents;

i. Grief and loss issues for children in foster care, including the significance of birth families to children placed in foster care;

j. Orientation to life skill preparedness for children in foster care; and

k. Orientation to permanency planning and goal setting for children in foster care.

3. Agencies licensed to provide adoption services shall provide additional training to each professional staff person. The training shall be provided prior to that staff assuming the responsibilities of his positions in the child-placing agency and within 30 days of the date of his employment. The training shall include:

a. Procedures and requirements regarding adoption placement including intercountry adoptions if the child-placing agency is licensed to provide intercountry adoption services;

b. Services to birth and adoptive parents;

c. Assessment and evaluation of adoptive homes;

d. Services to children, including grief and loss issues;

e. Provision of post adoption services to families and adoptees; and

f. Current requirements of the Hague Adoption Convention, if applicable.

4. Child-placing agencies licensed to provide foster care services shall provide additional training to each casework staff person who has responsibility to work with children and their families or to supervise staff persons who work with children and their families. The training shall be provided prior to that staff person's assuming the responsibilities of his positions in the child-placing agency and within 30 days of the date of his employment. The training shall include:

a. Procedures and requirements regarding foster care placements;

b. Services to children and their families;

c. Services to foster parents;

d. Assessment and evaluation of foster homes;

e. Training of foster home parents;

f. Grief and loss issues for children in foster care, including the significance of birth families to children placed in foster care;

g. Orientation to life skill preparedness for children in foster care; and

h. Orientation to permanency planning and setting goals for children in foster care.

C. Professional staff shall participate in the child-placing agency's pre-service training for adoptive and foster parents. Each professional staff person shall complete this training within one year of the date of his employment with the child-placing agency.

D. Additional on-going education and training.

1. Annually each professional staff person shall complete training applicable to his job duties and responsibilities.

2. Training shall be based on the needs of the population served to ensure that staff persons have competencies to perform their jobs.

E. All orientation and training completed by a staff person shall be documented in a child-placing agency-managed file.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

22VAC40-131-160. Personnel records.

A. Separate up-to-date written or electronic personnel records shall be maintained for each staff person, student/intern, and volunteer for whom background checks are required by Virginia and federal law. Content of personnel records for volunteers and students/interns may be limited to documentation of compliance with requirements of background checks.

B. The records of each staff person shall include:

1. A completed employment application form or other written material providing the individual's name, address, and phone number;

2. Educational background; copies of educational degrees and credentials; and relevant work experience, providing dates, places of employment, and details substantiating qualifications required by this chapter;

3. At least two written references, notations of oral references, or record of interviews with references;

4. Copies of professional licensure when licensure is required by law;

5. Annual performance evaluations;

6. Date of employment for each position held with the licensee;

7. Date of separation for each position held with the licensee;

8. Documentation of compliance with requirements of Virginia and federal laws regarding background checks;

9. Documentation of all training required by these standards; and

10. A current job description.

C. Personnel records shall be retained in their entirety for at least two years after separation from employment, contractual service, student/intern, or volunteer service.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.