Title of Regulation: 22VAC40-670. Degree Requirements for Social Work/Social Work Supervision Classification Series (amending 22VAC40-670-10, 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 Comments: Public comments may be submitted until 5 p.m. on July 22, 2009.

Effective Date: August 6, 2009.

Agency Contact: Nancy Flanagan, Human Resource Manager, Department of Social Services, Division of Human Resources Management, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7033, FAX (804) 726-7020, TTY (800) 828-1120, or email nancy.flanagan@dss.virginia.gov.

Basis: Pursuant to §§ 63.2-217 and 63.2-219 of the Code of Virginia, the State Board of Social Services has authority to promulgate rules and regulations necessary for the operation of public assistance and social services programs.

Purpose: The amended regulation is needed to update the classification series for social workers. The classification series has not been changed since the early 1980s. Proposed changes to 22VAC40-675, Personnel Policies for Local Departments of Social Services, include adding several levels of social workers. This amendment adds the levels to this regulation and places the baccalaureate requirement in each level.

Rationale for Using Fast-Track Process: The fast-track process is being used because there is a sense of urgency regarding the effective date of the proposed changes. The local study has been approved by the board and the effective date for implementation is June 1, 2009. This regulatory action is expected to be noncontroversial because employees impacted by the proposed changes were involved in their development. The study was conducted by the Personnel Committee of the Virginia League of Social Services Executives in cooperation with the Department of Social Services' Division of Human Resource Management. Impacted employees have reviewed the recommended changes, made recommendations, and the recommendations were incorporated into the regulation. The Department of Social Services also sent the recommended changes to all local directors for review and comment prior to submitting this regulatory action.

Substance: The proposed regulatory action revises the terminology and titles to be used in the proposed update to the classification and compensation plan/structure.

Issues: There are no disadvantages to the public or to the Commonwealth. The advantages are that local departments of social services will be using a job structure that accurately reflects the occupations of the employees; promotes a reliable means for classifying jobs; updates terminology and titles; and provides for better recruitment and retention of local departments of social services staff.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Services (Board) proposes to amend and consolidate social work job categories in the regulations that govern degree requirements for social workers.

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

Estimated Economic Impact. Current Board regulations contain seven categories of social work employees: Senior Social Work Supervisor, Social Work Supervisor, Principle Social Worker, Child Protective Services Worker II, Senior Social Worker, Child Protective Services Worker I and Social Worker.

This classification system has been in place since the early 1980s.

The Board proposes to amend these job classifications so that Senior Social Work Supervisors will just be called Social Work Supervisors, Social Work Supervisors will have the new title Social Worker IV, Principle Social Workers will be called Social Worker III and a Child Protective Services Worker II will be a Social Worker II. Individuals who now hold the titles of Senior Social Worker, Child Protective Services Worker I and Social Worker will, under this proposal, fall under the category of Social Worker I.

The Department of Social Services reports that these changes in classification are a housekeeping matter and will not affect social worker salaries; no employees of local Departments of Social Services are likely to incur salary reductions on account of these proposed changes. Affected entities and other interested individuals may gain some small benefit from having job titles corrected in these regulations.

Businesses and Entities Affected. These proposed regulations will affect all 120 local Departments of Social Services.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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

Summary:

The amendments update the occupational titles for social workers and require that local departments of social services cannot employ any person in any social work position that provides direct client services unless that person holds at least a baccalaureate degree.

CHAPTER 670
DEGREE REQUIREMENTS FOR SOCIAL WORK/SOCIAL WORK SUPERVISION CLASSIFICATION SERIES WORK OCCUPATIONAL GROUP

22VAC40-670-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Human services field" means the field of social work and related degrees, including counseling, gerontology, guidance and counseling, family and child development, psychology, sociology, or other related degrees determined by the Division of Human Resource Management based on the similarity of the curriculum and course content. It is the applicant's responsibility to provide information with the application, if the applicant wishes the course content and curriculum to be so evaluated.

"Service Program/Service Program Supervision series" means the following classifications "Social Work Occupational Group" includes the following occupational titles:

Senior Social Work Supervisor;

Social Work Supervisor Worker IV;

Principle Social Worker III;

Child Protective Services Social Worker II; and

Senior Social Worker; I.

Child Protective Services Worker I; and

Social Worker.

For purposes of this chapter, Social Work Organizational Group does not include Social Work Manager.

22VAC40-670-20. Policy.

Section 63.1-26 63.2-219 of the Code of Virginia requires the board to establish minimum entrance and performance standards, .

Effective September 1, 1990, in In order to be evaluated for vacancies in the Service Program/Service Program Supervision classification series Social Work Occupational Group, applicants shall:

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

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

3. To be considered for promotion, persons currently employed in the Service Program/Service Program Supervision series Social Work Occupational Group by a local agency prior to September 1, 1990, who do not meet the requirements of subdivision 1 or 2 above of this section, shall possess four years of appropriate and related experience in a human services area and must have successfully completed all available competency-based training related to the promotional area.

If an individual does not indicate possession of the requirements in subdivision 1, 2, or 3 above 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 human services field on the application or resume, the evaluation process will continue using knowledge, skill, and ability criteria.

Individuals employed in the Service Program/Service Program Supervision classification series Social Work Occupational Group prior to September 1, 1990, who do not meet the requirements of subdivision 1, 2, or 3 above of this section, will be retained in their current classification occupational title or any lesser classification occupational title without having to meet the above requirements. This includes the same classification occupational title in another local agency. These individuals will be required to meet the requirements of subdivision 1, 2, or 3 above of this section for application to any higher classification occupational title other than their current classification occupational title.