Vol. 27 Iss. 23 - July 18, 2011

Chapter 780
Final Regulation

REGISTRAR'S NOTICE: The State Board of Social Services has claimed an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The State Board of Social Services will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 22VAC40-780. Elimination of Financial Eligibility Criteria for Direct Social Services (amending 22VAC40-780-40, 22VAC40-780-60).

Statutory Authority: §§ 63.2-217 and 63.2-614 of the Code of Virginia.

Effective Date: August 17, 2011.

Agency Contact: Phyl Parrish, Department of Social Services, Division of Family Services, 801 East Main Street, Richmond, VA 23219-2901, telephone (804) 726-7926, FAX (804) 726-7499, TTY (800) 828-1849, or email


This regulation provides authority for the provision of direct services to clients and clarifies that some services are provided without regard to income. The amendments make changes in terminology that are technical in nature and that are necessary to comply with statutory changes enacted over the past several years.

Part I

Part II

Part III
Eligibility Determination Process

22VAC40-780-40. Income maintenance.

Persons or families are eligible for service in this category because they receive Aid to Dependent Children Temporary Assistance for Needy Families, Supplemental Security Income, or Auxiliary Grants.

22VAC40-780-60. Universal access.

Local social service agencies departments of social services may choose one of two options in providing direct services on a universal access basis:

1. All persons needing direct services may be served on a universal access basis except for services delivered as a part of the Employment Services Program employment services programs; or

2. Only persons needing the following services may be served on a universal access basis:

a. Intake services;

b. Family services (services provided to prevent child abuse and neglect, independent adoptions, and court activities);

c. Adult protective services;

d. Child protective services;

e. Foster care or adoption services; or

f. Adult services (services provided to elderly and incapacitated adults at risk of abuse, neglect, or exploitation).

VA.R. Doc. No. R11-2838; Filed June 17, 2011, 1:55 p.m.