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

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: January 13, 2016.

Effective Date: February 1, 2016.

Agency Contact: Phyl Parrish, Policy, Legislation and Regulatory Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7926, FAX (804) 726-7499, or email phyl.parrish@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia provides the authority for the State Board of Social Services to adopt regulations to carry out the purpose of Title 63.2. Section 63.2-319 of the Code of Virginia requires local departments of social services (LDSS) to provide child welfare and other services. Section 63.2-407 of the Code of Virginia provides that counties and cities may provide public assistance and social services as authorized by the State Board of Social Services.

Purpose: The purpose of the regulatory action is to change the title of the regulation to make it more accurately reflect the regulation's content and purpose. It is also to remove unnecessary language that may cause individuals to think the regulation addresses services delivered as part of public assistance programs. This regulation is essential in that it provides authority for LDSS to provide direct services impacting the safety of children and the welfare of children and their families.

Rationale for Using Fast-Track Process: The fast-track rulemaking process is appropriate for the promulgation of this regulatory action because the two changes being made are simple and intended to clarify, and it is unlikely anyone would comment on them. In the past two periodic reviews of this regulation, including the most recent one ending June 8, 2015, no comments were received.

Substance: The title of the regulation is being changed from "Elimination of Financial Eligibility for Direct Social Services" to "Eligibility for Direct Social Services." In 22VAC40-780-60, a sentence stating that all persons needing social services may be served on a universal access basis, except for services delivered as part of an employment services program, is being changed to remove the reference to employment services programs.

Issues: The regulation is being changed to clarify the title and remove unnecessary language. More clarity in the regulation is an advantage to the public and to the LDSS that use this regulation for authority for their provision of direct social services. There are no disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Services (Board) proposes to change this regulation's title and eliminate language that is unrelated to the purposes of this regulation.

Result of Analysis. Benefits likely outweigh costs for these proposed changes.

Estimated Economic Impact. This regulation's current title is "Elimination of Financial Eligibility Criteria for Direct Social Services" and the regulation currently contains a part of a sentence that refers to employment services programs, which fall under public assistance programs not direct social services. The Board proposes to change the title of this regulation to "Eligibility for Direct Social Services" and to remove the reference to employment services programs from the regulatory text. No entities are likely to incur costs on account of either of these changes. Both changes will likely increase the clarity of the regulation as they remove language that might cause confusion.

Businesses and Entities Affected. Board staff reports that these changes will affect all 120 local Departments of Social Services and any of their clients who qualify for direct social services.

Localities Particularly Affected. No locality in the Commonwealth will be particularly affected by these proposed changes.

Projected Impact on Employment. These proposed changes are unlikely to impact employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed changes will likely have no impact on the use or value of private property.

Real Estate Development Costs. These proposed changes will likely not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

Costs and Other Effects. No small businesses will incur costs on account of these regulatory changes.

Alternative Method that Minimizes Adverse Impact. No small businesses will incur costs on account of these regulatory changes.

Adverse Impacts:

Businesses: No businesses will incur costs on account of these regulatory changes.

Localities: These proposed changes are unlikely to adversely impact localities.

Other Entities: These proposed changes are unlikely to adversely impact any other entity in the Commonwealth.

Agency's Response to 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 (i) change the title of the regulation and (ii) remove unnecessary language in 22VAC40-780-60 referring to employment services programs, which are benefit or public assistance programs rather than social services programs.

CHAPTER 780
ELIMINATION OF FINANCIAL ELIGIBILITY CRITERIA FOR DIRECT SOCIAL SERVICES

22VAC40-780-60. Universal access.

Local 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 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).