Vol. 39 Iss. 2 - September 12, 2022

Chapter 46
Notice of Extension of Emergency Regulation

Title of Regulation: 12VAC35-46. Regulations for Children's Residential Facilities (amending 12VAC35-46-10; adding 12VAC35-46-1150 through 12VAC35-46-1250).

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

The Governor has approved the request of the State Board of Behavioral Health and Developmental Services to extend the expiration date of the emergency regulation for 12VAC35-46 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through February 18, 2023. This extension is required for the state board to continue to align Virginia children's residential facilities licensing regulations with the American Society of Addiction Medicine (ASAM) Levels of Care Criteria or an equivalent set of criteria to ensure the provision of outcome-oriented and strengths-based care in the treatment of addiction to ensure individualized, clinically driven, participant-directed, and outcome-informed treatment. The emergency regulation was published in 37:12 VA.R. 1226-1234 February 1, 2021.

Effective Date Extended Through: February 18, 2023.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email

VA.R. Doc. No. R21-6440; Filed August 16, 2022