Title of Regulation: 22VAC40-670. Degree Requirements for Family Services Occupational Group (amending 22VAC40-670-20).

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 28, 2016.

Effective Date: January 13, 2017.

Agency Contact: Holly Clary, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7196, or email holly.clary@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia provides the board general authority for the development of regulations to carry out the purposes of Title 63.2. Section 63.2-219 of the Code of Virginia requires the board to establish employee entrance and performance standards.

Purpose: The amendments are necessary for effective recruitment of qualified individuals to fill positions assigned to the Family Services Occupational Group. The amendments also clarify requirements for promotion and consideration for hire by other local departments of individuals employed in the Family Service Occupational Group or its equivalent prior to January 1, 1999, who do not meet the degree requirements. Information regarding training was revised to be consistent with child welfare training requirements. The amendments comply with federal and state laws and ensure appropriate oversight of local departments who are providing vital services that protect the health, safety, and welfare of citizens.

Rationale for Using Fast-Track Rulemaking Process: Section 2.2-4012.1 of the Code of Virginia allows state agencies to use a fast-track rulemaking process to expedite regulatory changes that are expected to be noncontroversial. The amendments to the regulation incorporate requirements of federal and state laws and make technical corrections. The amended regulation will have a positive impact on hiring in local departments of social services. As a result, no objections are anticipated.

Substance: The amendment allows evaluation of individuals who are in their final semester of a degree program at the time of application for a position and who, upon completion of the degree program, would meet the degree requirement prior to the employment date.

Issues: The advantage of this regulatory action to the agency and to the public is that it makes the requirements of the regulation favorable for individuals seeking employment and for local departments in staffing positions assigned to the Family Services Occupational Group, while remaining in compliance with the requirements of federal and state laws. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) proposes to permit individuals in their last semester of a degree program to be evaluated for positions in the Family Services Occupational Group at local departments of social services. Additionally, the Board proposes to correct a date for consistency with the Code of Virginia and revise language for clarity.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Code of Virginia § 63.2-219 states that "… the Department and its local boards or local departments shall not employ any person in any family-services specialist position that provides direct client services unless that person holds at least a baccalaureate degree." The current regulation requires that in order to be evaluated for vacancies in the Family Services Occupational Group, applicants must possess a baccalaureate degree.¹ This prevents individuals who are near completion of their degree from being considered for positions. The Board's proposed language permits individuals in their last semester of a qualifying baccalaureate degree program to be evaluated for Family Services Occupational Group employment, but still requires the individual to have earned the degree prior to the start of employment. This is beneficial for employing local departments of social services in that their pool of candidates to consider for open positions can be greater without lowering the degree requirement; it is beneficial for individuals in their last semester in that if they can be considered for employment before graduation, they are more likely to be employed soon after graduation.

Businesses and Entities Affected. The proposed amendments affect the 120 local departments of social services in the Commonwealth.

Localities Particularly Affected. The proposed amendments do not disproportionately affect specific localities.

Projected Impact on Employment. The proposed amendments are unlikely to affect total employment, but may permit graduating seniors to gain employment sooner.

Effects on the Use and Value of Private Property. The proposed amendments do not significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments do not affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

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¹ The degree must either 1) be in counseling, gerontology, guidance and counseling, family and child development, psychology, sociology, or another related degree, or 2) be accompanied by a minimum of two years appropriate and related experience in a human services related area.

Agency's Response to Economic Impact Analysis: The Department of Social Services concurs with the September 28, 2016, economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments permit individuals in their last semester of a degree program to be evaluated for positions in the Family Services Occupational Group at local departments of social services.

22VAC40-670-20. Policy Minimum employee entrance and performance standards.

Section 63.2-219 of the Code of Virginia requires the board to establish minimum entrance and performance standards.

A. In order to be evaluated for vacancies hired for positions in the Family Services Occupational Group, applicants individuals shall possess prior to their employment date a minimum of:

1. Possess a minimum of a A baccalaureate degree in the human services field; or

2. Possess a minimum of a A baccalaureate degree in any field accompanied by a minimum of two years appropriate and related experience in a human services related area; or.

B. In order to be evaluated for positions in the Family Services Occupational Group, individuals who do not meet the degree requirement at the time of application for employment must be in their last semester of a degree program that will meet the requirements of subsection A of this section.

3. C. To be considered for promotion, persons currently individuals employed in the Family Services Occupational Group or its equivalent without a break in service by a local department prior to September 1, 1990 who do not meet the requirements of subdivision 1 or 2 of this section, January 1, 1999, shall possess four:

1. Meet the requirements in subsection A or B of this section; or

2. Possess four years of appropriate and related experience in a human services area and must have successfully completed all available competency-based required training related to the promotional area.

If an individual does not indicate possession of the requirements in subdivision 1, 2, or 3 of this section on the application, he will not be qualified for the position.

Once the applicant has noted the possession of a baccalaureate degree in the human services field on the application or resume, the evaluation process will continue using knowledge, skill, and ability criteria.

D. For individuals who indicate meeting the requirements in subsection A, B, or C of this section on the application for employment, the evaluation process will continue using knowledge, skill, and ability criteria. For individuals who do not indicate meeting the requirements in subsection A, B, or C of this section on the application for employment, the individuals will be unqualified and will not be further evaluated.

E. Individuals employed in the Family Services Occupational Group or its equivalent without a break in service by a local department prior to September 1, 1990 January 1, 1999, who do not meet the requirements of subdivision 1, 2, or 3 of this section subsection A of this section, will be retained in their current occupational title or any lesser occupational title without having to meet the above requirements of subsection A of this section. This includes the same occupational title in another local department These individuals may be considered for employment in the same occupational title in another local department provided that there is no break in service. These individuals will be required to meet the requirements of subdivision 1, 2, or 3, subsection A, B, or C of this section for application to any higher occupational title in the Family Services Occupational Group other than their current occupational title.