Title of Regulation: 6VAC35-140. Standards for Juvenile Residential Facilities (repealing 6VAC35-140-10 through 6VAC35-140-800).

Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: January 28, 2015.

Effective Date: February 13, 2015.

Agency Contact: Barbara Peterson-Wilson, Regulatory and Policy Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, P.O. Box 1110, Richmond, VA 23218, telephone (804) 588-3902, FAX (804) 371-6490, or email barbara.peterson-wilson@djj.virginia.gov.

Basis: Section 66-4 of the Code of Virginia creates the Board of Juvenile Justice while § 66-10 of the Code of Virginia states that the board shall have the power and duty to promulgate such regulations as may be necessary to carry out the provisions of Title 66 of the Code of Virginia and the other laws of the Commonwealth. Section 66-24 of the Code of Virginia requires the board to promulgate regulations for licensure or certification of community group homes or other residential facilities that contract with or are rented for the care of juveniles in direct state care. The board's regulations must address the services required to be provided in such facilities as it may deem appropriate to ensure the welfare and safety of the juveniles. In addition, the board's regulations must include, but need not be limited to (i) specifications for the structure and accommodations of such facilities according to the needs of the juveniles to be placed in the home or facility; (ii) rules concerning allowable activities, local government- and group home- or residential care facility-imposed curfews, and study, recreational, and bedtime hours; and (iii) a requirement that each home or facility have a community liaison who shall be responsible for facilitating cooperative relationships with the neighbors, the school system, local law enforcement, local government officials, and the community at large.

Purpose: The Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41), the Regulation Governing Juvenile Correctional Centers (6VAC35-71), and the Regulation Governing Juvenile Secure Detention Centers (6VAC35-101) have been approved and finalized through the regulatory process and became effective on January 1, 2014.

Each of the new residential regulations contains a section titled "Previous regulations terminated" (6VAC35-41-30, 6VAC35-71-20, and 6VAC35-101-30) stating that 6VAC35-140 is replaced by the applicable new residential regulation. As such, 6VAC35-140 does not have any legal or operational effect. Each of these regulations contains language that is specific to the type of facility. The Standards for Juvenile Residential Facilities contained language that addressed juvenile residential facilities in the juvenile justice system generally and is no longer necessary.

Rationale for Using Fast-Track Process: The Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41), the Regulation Governing Juvenile Correctional Centers (6VAC35-71), and the Regulation Governing Juvenile Secure Detention Centers (6VAC35-101) became effective on January 1, 2014. Each of these regulations contains the following provision:

"This chapter replaces the Standards for the Interim Regulation of Children's Residential Facilities, (6VAC35-51), and the Standards for Juvenile Residential Facilities, (6VAC35-140), for the regulation of all [named type of facility] as defined herein. The Standards for the Interim Regulation of Children's Residential Facilities and the Standards for Juvenile Residential Facilities remain in effect for [named other types of facilities not regulated by the specific chapter], regulated by the board, until such time as the board adopts new regulations related thereto."

The Standards for Juvenile Residential Facilities remained in effect for the juvenile group homes, juvenile secure detention centers, and juvenile correctional centers regulated by the Board until January 1, 2014, when the new regulations become effective. Upon the regulations' effective date, the three new regulations replaced the Standards for Juvenile Residential Facilities (6VAC35-140).

It is anticipated that the repeal of 6VAC35-140 will be noncontroversial as it has been superseded by new residential regulations.

Substance: This regulatory action does not propose any new substantive provisions or substantive changes. The Standards for Juvenile Residential Facilities (6VAC35-140) will be repealed as new residential regulations have become effective and supersede the provision in 6VAC35-140.

Issues: Prior to January 1, 2014, when the Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41), the Regulation Governing Juvenile Correctional Centers (6VAC35-71), and the Regulation Governing Juvenile Secure Detention Centers (6VAC35-101) became effective, facilities regulated by the board were governed by both the Standards for the Interim Regulation of Children's Residential Facilities (6VAC35-51) and the Standards for Juvenile Residential Facilities (6VAC35-140), unless specifically exempted.

6VAC35-51 and 6VAC35-140 were superseded by provisions in 6VAC35-41, 6VAC35-71, and 6VAC35-101. The facilities formerly regulated by the provisions in 6VAC35-51 and 6VAC35-140 are now governed by 6VAC35-41, 6VAC35-71, and 6VAC35-101, as applicable. Retaining 6VAC35-51 and 6VAC35-140 as active regulatory chapters could cause confusion for the regulated entities.

Repealing the Standards for the Interim Regulation of Children's Residential Facilities benefits the locally and regionally operated juvenile secure detention centers and locally operated juvenile group homes and halfway houses and state operated juvenile correctional centers. The new residential regulations govern specific types of juvenile facilities providing greater clarity of the regulatory requirements. In repealing the superseded regulatory chapter, confusion as to which active regulatory chapters are applicable to the facilities will be avoided.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (Board) proposes to repeal its regulation that, until recently, governed Standards for Juvenile Residential Facilities (6VAC35-140).

Result of Analysis. Benefits likely outweigh costs for this proposed regulatory change.

Estimated Economic Impact. The Board of Juvenile Justice (Board) proposes to repeal its regulation that, until recently, governed Standards for Juvenile Residential Facilities (6VAC35-140). The Board has replaced these standards with a Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41), a Regulation Governing Juvenile Correctional Centers (6VAC35-71) and a Regulation Governing Juvenile Secure Detention Centers (6VAC35-101), all of which became effective January 1, 2014.

Because the standards in 6VAC35-140 are now obsolete, no affected entity is likely to incur costs on account of this repeal. Affected entities are likely to benefit from this action as it will remove a potential source of confusion from the Virginia Administrative Code.

Businesses and Entities Affected. Board staff reports that, until recently, these standards affected four state operated juvenile correctional centers, 24 locally operated juvenile secure detention centers and 19 group homes.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action is unlikely to have any impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action is unlikely to have any effect on the use or value of private property.

Small Businesses: Costs and Other Effects. No small businesses will incur costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses will incur costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate.

General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 14 (2010). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules (JCAR) is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The agency concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The Board of Juvenile Justice is repealing 6VAC35-140 because the regulation is obsolete. Effective January 1, 2014, 6VAC35-140 was replaced by Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41), Regulation Governing Juvenile Correctional Centers (6VAC35-71), and Regulation Governing Juvenile Secure Detention Centers (6VAC35-101).