Administrative Code

Virginia Administrative Code
1/20/2022

Article 1. General Requirements

6VAC35-150-60. Organizational structure.

There shall be a written description and organizational chart of the unit showing current lines of authority, responsibility, and accountability, including the unit director's reporting responsibility.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-62. Suitable quarters.

A. The CSU director annually shall review the unit's needs for suitable quarters, utilities, and furnishings and shall request from the appropriate governing body the resources to meet these needs.

B. Intake, probation, and parole officers shall have access to private office space.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-64. Prohibited financial transactions.

The unit shall not collect or disburse support payments, fines, restitution, court fees, or court costs.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-66. Procedures for handling funds.

The unit director shall establish written procedures for handling any ongoing unit employee fund established and maintained by the employees that is derived from employee contributions, the operation of vending machines, special fundraising projects, or other employee canteen services, that utilizes the name of the unit or the department, or that the unit approves the obtaining of or obtains a tax identification number for such funds. Any such funds are not state funds and shall not be commingled in any way with state funds. The department's tax identification number shall not be used for such funds.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-70. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-80. Background checks.

A. Except as provided in subsection C of this section, all persons who (i) accept a position of employment, (ii) volunteer on a regular basis or are interns and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties in a CSU, or as required by 6VAC35-150-430 C, shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A criminal history record check;

3. A fingerprint check with (i) the Virginia State Police (VSP) and (ii) the Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services (CPS); and

5. A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision 3 of this subsection have been requested, unit staff may be hired pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results, as required by subdivision A 3 of this section; and

3. Staff hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. The unit, program, or service provider shall have procedures for supervising nonstaff persons, who are not subject to the provisions of subsection A of this section, who have contact with juveniles.

D. Subsection A of this section shall apply to programs to which the CSU refers juveniles who are before the court or before an intake officer, including, but not limited to, programs included in a local Virginia Juvenile Community Crime Control Act plan. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals or programs licensed or regulated by other state agencies, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-90. Training.

A. All employees, volunteers , and interns shall receive documented orientation appropriate to their duties and to address any needs identified by the individual and the supervisor.

B. All employees shall receive ongoing training and development appropriate to their duties and to address any needs identified by the individual and the supervisor, if applicable.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-100. Personnel and operating procedures.

All staff shall have access to approved procedures governing:

1. Recruitment and selection;

2. Grievance and appeal;

3. Confidential individual employee personnel records;

4. Discipline;

5. Equal employment opportunity;

6. Leave and benefits;

7. Resignations and terminations;

8. Orientation;

9. Promotion;

10. Probationary period; and

11. Competitive salary.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-110. Volunteers and interns.

A. For every volunteer and intern, the unit shall maintain a current description of duties and responsibilities and a list of the minimum required qualifications;

B. Volunteers and interns shall comply with all applicable regulations, policies, and approved procedures;

C. One or more designated persons shall coordinate volunteer services and internships; and

D. Volunteers and interns shall be registered with the department.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-120. Reportable incidents.

When an event or incident occurs that is required by department procedures to be reported, staff shall report the event or incident as required by and in accordance with department procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-130. Research.

A. Juveniles shall not be used as subjects of human research, except as provided in 6VAC35-170 and in accord with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. The testing of medicines or drugs for experimentation or research is prohibited.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-140. Records management.

A. Case records shall be indexed and kept up to date and uniformly in content and arrangement in accordance with approved procedures.

B. Case records shall be kept in a secure location accessible only to authorized staff.

C. All case records shall be maintained and disposed of in accordance with The Library of Virginia regulations and record retention schedules and with approved procedures.

D. Any disclosure or release of information shall be in accordance with the Code of Virginia and applicable federal statutes and regulations and approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-160. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-165. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-170. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-175. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-180. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-190. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

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