PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 41 Iss. 6 - November 04, 2024

TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-225, Requirements for Virginia Early Intervention System, and determined that this regulation should be amended. The board is publishing its report of findings dated October 3, 2024, to support this decision.

In its role as state lead agency for Virginia's early intervention services system, the Department of Behavioral Health and Developmental Services (DBHDS) defines and ensures consistency with federal regulations as they relate to Virginia's early intervention system, so this regulation is necessary to interpret federal and state law and to protect the public health, safety, and welfare by helping young children with developmental delays at a critical stage of life. The regulation is also clearly written and easily understandable to the families seeking services, program staff, the community, and the public. Virginia's requirements for the early intervention system achieve the intended objective in the most efficient, cost-effective manner by closely conforming to the federal requirements. The decision is to amend the regulation and add two professional disciplines to the list of qualified personnel who may seek certification from DBHDS as early intervention professionals under 12VAC35-225-430 B and four professional disciplines to the list of qualified personnel who may seek certification from DBHDS as early intervention specialists under 12VAC35-225-430 C. These proposed changes are expected to expand the eligible pool of providers to deliver early intervention services for infants and toddlers with disabilities and their families.

There is a continued need for the regulation. Virginia's early intervention system, the Infant and Toddler Connection of Virginia, must include, at a minimum, the components required by Part C of the Individuals with Disabilities Education Act at 20 USC § 1435(a) and 34 CFR Part 303. Many of the complaints and comments received concerning the regulation were calls to expand the program to cover more children. The complexity of the regulation is appropriate in that it closely conforms to the federal requirements. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated less than four years ago and a fast-track rulemaking action was promulgated to update certain sections to appropriately align with relevant Department of Medical Assistance Services regulations. Technology, economic conditions, or other factors have not changed in the area affected by the regulation. The board's decision, consistent with applicable law, will have no economic impact on small businesses.

Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.

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TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

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 22VAC40-780, Eligibility for Direct Social Services, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 16, 2024, to support this decision.

This regulation provides authority for local departments of social services (LDSS) to provide direct services to families who are found to be eligible in one of three categories. This authority is essential in order to protect the safety and welfare of children and families. The regulation is clearly written and easily understandable. The board recommends this regulation be retained without changes.

This regulation is necessary in that it provides the authority for LDSS to provide direct services to children and families. There were no complaints or comments received from the public concerning this regulation. This regulation does not conflict with federal or state law or regulations and there are no requirements that exceed applicable federal requirements. This regulation was last reviewed in 2019. There are no impacts on small businesses.

Contact Information: Nikki Clarke Callaghan, Legislation, Regulations, and Guidance Manager, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7943, or email nikki.callaghan@dss.virginia.gov.