Vol. 29 Iss. 21 - June 17, 2013

Chapter 151
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: 22VAC40-151. Standards for Licensed Children's Residential Facilities (amending 22VAC40-151-130; repealing 22VAC40-151-20).

Statutory Authority: §§ 63.2-217 and 63.2-1737 of the Code of Virginia.

Effective Date: July 17, 2013.

Agency Contact: Sharon Lindsay, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7167, FAX (804) 726-7132, or email


Pursuant to Chapters 182 and 545 of the 2013 Acts of Assembly, the requirements for (i) the department to conduct an investigation of the financial responsibility of the applicant and (ii) the facility to prepare certain financial information annually are repealed.

22VAC40-151-20. Investigation. (Repealed.)

The department will arrange and conduct an on-site inspection of the facility, a thorough review of the activities and services, and an investigation of the financial responsibility, character, and reputation of the applicant.

22VAC40-151-130. Fiscal accountability.

A. Facilities operated by corporations, unincorporated organizations or associations, individuals, or partnerships shall prepare at the end of each fiscal year:

1. An operating statement showing revenue and expenses for the fiscal year just ended;

2. A working budget showing projected revenue and expenses for the next fiscal year that gives evidence that there are sufficient funds to operate; and

3. A balance sheet showing assets and liabilities for the fiscal year just ended.

B. A. There shall be a system of financial recordkeeping that shows a separation of the facility's accounts from all other records.

C. B. The provider shall develop and implement written policies and procedures that address the day-to-day handling of facility funds to include:

1. Handling of deposits;

2. Writing of checks; and

3. Handling of petty cash.

VA.R. Doc. No. R13-3664; Filed May 17, 2013, 1:09 p.m.