Vol. 39 Iss. 17 - April 10, 2023

Chapter 46
Notice of Extension of Emergency Regulation

Title of Regulation: 12VAC35-46. Regulations for Children's Residential Facilities (adding 12VAC35-46-1260, 12VAC35-46-1270).

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 January 8, 2024. This extension is required because there is no longer sufficient time for the proposed and final stages to be completed prior to expiration. The regulatory action will align the Regulations for Children's Residential Facilities (12VAC35-46) with the requirements of the federal Family First Prevention Services Act for children's residential service providers who accept Title IV-E funding to meet the standards as qualified residential treatment programs. Extension will ensure sufficient time for the permanent adoption process. The emergency regulation was published in 38:11 VA.R. 1055-1056 January 27, 2022.

Effective Date Extended Through: January 8, 2024.

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

VA.R. Doc. No. R22-6861; Filed March 15, 2023