Vol. 36 Iss. 12 - February 03, 2020

Chapter 151
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-151, Standards for Licensed Children's Residential Facilities. The purpose of the proposed action is to align the regulation with the state and the federal Foster Connections to Success and Increasing Adoptions Act of 2008, Preventing Sex Trafficking and Strengthening Families Act of 2014, and the Family First Prevention Services Act of 2018 and update the regulation. Proposed amendments include (i) establishing standards and training for normalcy and reasonable and prudent parenting for children in foster care; (ii) updating annual training requirements; (iii) adding training requirements that cover topics such as shaken baby syndrome and behavioral interventions for infants and toddlers residing with their parents; (iv) updating relief staff requirements; (v) adding a requirement to review and update the behavior support plan; (vi) clarifying fire inspection requirements; (vii) updating and clarifying responsibilities to ensure educational needs of children are met; (viii) adding a requirement that religious participation policies be provided to children and individuals or agencies prior to admission to the facility; and (ix) adding definitions, clarifying language, and making technical edits necessary for clarification of existing requirements and any other changes deemed necessary after public comment and review.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: March 4, 2020.

Agency Contact: Tammy Trestrail, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726‑7132, or email

VA.R. Doc. No. R20-6139; Filed January 8, 2020, 1:40 p.m.