Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending 12VAC35-46, Regulations for Children's Residential Facilities. The purpose of the proposed action is to to align the Regulations for Children's Residential Facilities (12VAC35-46) with the requirements of the federal Family First Prevention Services Act (FFPSA) for children's residential service providers who accept Title IV-E funding to meet the standards as qualified residential treatment programs (QRTPs). Item 318 D of Chapter 552 of the 2021 Acts of Assembly, Special Session 1, requires the agency to adopt regulations. The amendments require QRTPs to have a trauma-informed treatment model, have registered licensed nursing staff and licensed clinical staff who are available 24 hours a day and seven days a week, facilitate outreach to the family members of the child, facilitate participation of family members in the child's treatment program, provide or arrange discharge planning and family-based aftercare support for at least six months after discharge, and be licensed and accredited by an independent, not-for-profit accrediting organization approved by the U.S. Secretary of Health and Human Services.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 37.2-203 and 37.2-408 of the Code of Virginia.

Public Comment Deadline: February 16, 2022.

Agency Contact: Susan H. Puglisi, Regulatory Research Specialist, Office of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 1220 Bank Street, 4th Floor South, Richmond, VA 23219, telephone (804) 371-8043, FAX (804) 371-4609, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.