Vol. 29 Iss. 21 - June 17, 2013

Chapter 131
Final Regulation

REGISTRAR'S NOTICE: The State Board of Social Services is claiming 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: 22VAC40-131. Standards for Licensed Child-Placing Agencies (amending 22VAC40-131-40).

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Effective Date: July 17, 2013.

Agency Contact: Joni Baldwin, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7162, or email


Pursuant to Chapters 182 and 545 of the 2013 Acts of Assembly, the requirements for a licensee to give evidence of financial responsibility and develop an annual budget are repealed.

22VAC40-131-40. Licensee.

A. The licensee shall ensure compliance with all regulations for licensed child-placing agencies and terms of the current license issued by the department; and with relevant federal, state, or local laws and relevant regulations.

B. The licensee shall comply with its own policies and procedures.

C. The licensee shall give evidence of financial responsibility.

D. C. The licensee shall be of good character and reputation as defined in 22VAC40-80-10.

E. D. The licensee shall meet the requirements specified in 22VAC40-191, Background Checks for Child Welfare Agencies.

F. E. The licensee shall meet the requirements specified in 22VAC40-80, General Procedures and Information for Licensure.

G. F. The licensee shall maintain sufficient funds to ensure operation in compliance with this chapter. The licensee shall develop a budget for a period of 12 months of operation.

H. G. The licensee shall ensure that the child-placing agency makes and maintains such records and other information as required by this chapter. The licensee shall submit, or make available for inspection to the department's representative, records, reports, and other information as necessary to assist the department in determining the licensee's compliance with this chapter and applicable law.

I. H. The licensee shall allow the department's representative to interview the licensee's employees and individuals under its custody, control, direction, or supervision.

J. I. The licensee shall at all times allow the department's representative reasonable opportunities to conduct announced and unannounced inspections of the licensee's approved homes.

K. J. The licensee shall:

1. Correct any areas of noncompliance found during inspections;

2. Take necessary actions to prevent reoccurrence of noncompliance; and

3. Make and implement necessary revisions to its policies and procedures.

L. K. The licensee shall not disseminate, or cause directly or indirectly to be disseminated, statements regarding services that are untrue, deceptive, or misleading.

M. L. The licensee shall ensure that information, brochures, and materials distributed or available to the public contain accurate and updated information.

N. M. The licensee shall maintain ultimate responsibility for the health, safety, and well-being of children under its custody, control, and direction and shall ensure that an on-call licensee representative is available 24 hours a day 7 days each week to receive contacts from foster parents, children, and other staff of placement settings in which children have been placed by the licensee. The licensee shall provide interventions and follow-up services, as necessary.

VA.R. Doc. No. R13-3663; Filed May 17, 2013, 1:08 p.m.