TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Fast-Track Regulation

Title of Regulation: 6VAC35-20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (amending 6VAC35-20-61).

Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: February 11, 2026.

Effective Date: March 1, 2026.

Agency Contact: Kristen Peterson, Regulatory and Policy Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 773-0180, fax (804) 371-6497, or email kristen.peterson@djj.virginia.gov.

Basis: The Board of Juvenile Justice is authorized to promulgate and amend this regulation pursuant to its general authority at § 66-10 of the Code of Virginia, which directs the board to promulgate such regulation as may be necessary to carry out the provisions of Title 66 of the Code of Virginia. Section 16.1.309.10 of the Code of Virginia provides that if a detention home, group home, or other residential care facility for children in need of services or delinquent or alleged delinquent youth is established by a county, city, or any combination, such home or facility shall be subject to visitation, inspection, and regulation by the board and the board's agents.

Purpose: As set forth in various sections of the Administrative Process Act, regulations must be necessary for the protection of public health, safety, and welfare. The department believes the current self-audit process provides an additional measure for regulated entities to monitor progress and compliance between the department's formal certification audits. Additionally, if a self-audit uncovers a health, welfare, or safety violation, that information may be included in a certification audit report that gets routed to the department director and the board. Thus, the self-audit protects the health, safety, and welfare of citizens by providing an additional compliance check to ensure that regulatory provisions, particularly those impacting juvenile health and safety, are followed and to alert departmental staff and other monitoring entities of any violations that might impact health, welfare, or safety. The department believes that compliance with the current internal, self-audit document is not essential to protect the public health, safety, or welfare. The current self-audit document is outdated and its incorporation into the regulation violates 1VAC7-10-140 D. Furthermore, the department's current forms are sufficient to ensure that the relevant facilities and programs are conducting self-audits.

Rationale for Using the Fast-Track Rulemaking Process: The department believes the continued incorporation of the document violates 1VAC7-10-140 D. Furthermore, this document no longer needs to be incorporated into the regulation because the department provides forms to regulated entities that address the process for self-audits. As such, the department believes this change will not be controversial and is appropriate for the fast-track rulemaking process.

Substance: The amendments eliminate the language requiring compliance with the self-audit document for facilities and programs and remove the document from the list of documents incorporated by reference into the chapter.

Issues: The department believes the amendments will benefit regulated entities. Amending the chapter will also assist the department in its efforts to achieve a reduction in its discretionary regulatory requirements. The department does not anticipate any disadvantages to the public or the Commonwealth resulting from the action.

Department of Planning and Budget Economic Impact Analysis:

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 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (board) proposes to remove an outdated and unnecessary guidance document than is incorporated by reference "Guidance Document: Self-Audits/Evaluations, September 2013," Department of Juvenile Justice and all references to the document incorporated by reference (DIBR) within the regulatory text. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140).

Background. This regulation sets out rules for monitoring, approval, and certification of juvenile justice programs and facilities which include state operated juvenile correctional centers, locally and regionally operated secure juvenile detention centers, juvenile group homes, shelter care facilities, transitional living programs, independent living programs, and state and locally operated court service units. Currently, the regulation requires programs and facilities to conduct an annual self-audit that accords with a document incorporated by reference (DIBR) titled Guidance Document: Self-Audits/Evaluations dated September 2013. According to the Department of Juvenile Justice (DJJ), this DIBR contains outdated requirements that no longer align with its expectations. Additionally, DJJ states that the document is no longer necessary because its certification unit provides the requisite forms for programs and facilities to complete their self-audits. Finally, Executive Order 19 sets regulatory reduction goals. As a result, the board proposes to remove the DIBR from this regulation in order to reach its reduction goal.

Estimated Benefits and Costs. According to DJJ, the DIBR is outdated and unnecessary as the self-audit forms currently used by the agency provide the same information and guidance. DJJ further states that the removal of this DIBR would have no impact on current practices. Thus, no significant economic impact is expected.

Businesses and Other Entities Affected. This regulation applies to a single, state-operated juvenile correctional center; 24 locally and regionally operated secure juvenile detention centers; 16 juvenile group homes, shelter care facilities, transitional living programs, and independent living programs; 30 state-operated and two locally operated court service units. No program or facility would be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal would neither reduce benefits nor increase costs on programs and facilities. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendment neither disproportionally affect any particular localities nor introduce costs for local governments.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No effect on the use and value of private property or on real estate development costs is expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, 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."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) 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, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) 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 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and agrees with the analysis.

Summary:

The amendments remove (i) a reference to a Department of Juvenile Justice document, Self-Audits/Evaluations, September 2013, in regulatory text and (ii) the document from incorporation by reference into the regulation because it is obsolete and 1VAC7-1-60 D prohibits agencies from incorporating an agency's own document by reference unless that document is unique or highly unusual.

6VAC35-20-61. Self-audit of programs and facilities subject to certification audits.

A. All programs and facilities subject to certification audits shall, in accordance with the department's Guidance Document: Self-Audits/Evaluations, September 2013, conduct, except in the year the program or facility is subject to a certification audit, an annual self-audit for compliance with applicable regulatory requirements, except in the year the program or facility is subject to a certification audit.

B. The self-audit reports shall be made available during the certification audit.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-20)

Guidance Document: Self-Audits/Evaluations, September 2013, Department of Juvenile Justice

No document is currently incorporated by reference into this regulation.