TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and small business impact review: 2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form.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.
Public comment period begins May 20, 2024, and ends June 10, 2024.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and small business impact review: 22VAC40-90, Regulation for Background Checks for Assisted Living Facilities and Adult Day Care Centers. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form.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.
Public comment period begins May 20, 2024, and ends June 10, 2024.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Samantha Fogt, Licensing Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 845-0308, or email samantha.fogt@dss.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-221, Additional Daily Supervision Rate Structure, and determined that this regulation should be amended. The board is publishing its report of findings dated April 24, 2024, to support this decision.
The regulation is essential to protect the health, safety, and welfare of citizens because it provides standards for local departments of social services (LDSS) to determine the amounts of additional daily supervision (ADS) payments for foster and adoptive parents as well as prospective relative custodians who meet the criteria for kinship guardianship assistance. The regulation is clearly written and easily understandable.
The board recommends the regulation be amended. A periodic review of 22VAC40-221 revealed inconsistencies in how the Department of Social Services uses the terms "Enhanced Maintenance" and "ADS," as they are interchangeable. To provide clarity and promote statewide consistency, the department will use the term ADS when referencing a payment determined by the Uniform Rate Assessment Tool (URAT). In addition, language should be added to require that ADS be offered to all foster, adoptive, and kinship families regardless of their status of therapeutic or nontherapeutic and to amend the timeframe for the readministration of the URAT from three to six months for the purpose of determining ADS payments for adoption assistance. Language should be added to incorporate Virginia's kinship guardianship assistance program. Lastly, all references to the Child and Family Services Manual must be removed to make this chapter consistent with other chapters of regulation.
No complaints or comments were received during the review. The regulation does not duplicate or conflict with any federal or state law. The regulation has no impact on small business as it does not include any language that prescribes limitations or requirements on small business. The regulation was last reviewed in 2018, and no changes in technology or other factors impact the regulation.
Contact Information: Lora Smith Hughes, Foster Care Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7538, or email lora.smith@dss.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-730, Investigation of Child Abuse and Neglect in Out of Family Complaints, and determined that this regulation should be amended. The board is publishing its report of findings dated April 24, 2024, to support this decision.
The regulation is essential to protect the health, safety, and welfare of citizens because it governs the investigation of child abuse and neglect in out of family (OOF) settings. The regulation increases collaboration with other regulatory agencies to conduct joint child abuse and neglect investigations and helps reduce child abuse and neglect in OOF settings.
The board recommends the regulation be amended to be consistent with 22VAC40-705, the Code of Virginia, and applicable federal law. In addition, the board proposes simple amendments to the existing regulation for the purpose of clarity and reformatting of information to conform to the Virginia Administrative Code style requirements.
No complaints or comments were received during the review. The regulation does not duplicate or conflict with any federal or state law. The regulation has no impact on small business as it does not include any language that prescribes limitations or requirements on small business. The regulation was last reviewed in 2018, and no changes in technology or other factors impact the regulation.
Contact Information: Shannon Hartung, Child Protective Services Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 629-7125, FAX (804) 726-7499, or email shannon.hartung1@dss.virginia.gov.