Vol. 27 Iss. 23 - July 18, 2011



Initial Agency Notice

Title of Regulation: 6VAC35-140. Standards for Juvenile Residential Facilities.

Statutory Authority: §§ 6.1-309.9, 66-10 and 66-25.1 of the Code of Virginia.

Name of Petitioner: Kate Duvall.

Nature of Petitioner's Request: The petitioner requests the Board of Juvenile Justice to amend its regulation regarding resident classification plans (6VAC35-140-440) in secure residential facilities to provide for a process that implements the policies of the board and is consistent with the goals of the juvenile justice system. The amended regulation should create a classification plan that has due process safeguards, provides for a meaningful ability for a resident's classification level to be lowered, takes into account and gives appropriate weight to factors other than the committing offense(s), and is derived from evidence-based and outcome driven research.

A copy of the full petition is available from Janet P. Van Cuyk, Virginia Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, FAX (804) 371-0773, or email

Agency's Plan for Disposition of Request: The Board of Juvenile Justice will consider this petition at the next scheduled meeting after the public has had sufficient time to comment. The petition will be published in the Virginia Register of Regulations on July 18, 2011, and will be open for public comment through August 9, 2011.

Comments should be submitted through the Virginia Regulatory Town Hall or to Janet P. Van Cuyk by mail at P.O. Box 1110, Richmond, Virginia 23218-1110, by email to, or by FAX at (804) 371-0773.

Public Comment Deadline: August 9, 2011.

Agency Contact: Janet Van Cuyk, Regulatory Coordinator, Department of Juvenile Justice, 700 Centre, 700 East Franklin Street, 4th Floor, Richmond, VA 23219, telephone (804) 371-4097, FAX (804) 371-0773, or email

VA.R. Doc. No. R11-49; Filed June 27, 2011, 5:42 p.m.

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Agency Decision

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

Statutory Authority: § 54.1-3700 of the Code of Virginia.

Name of Petitioner: MSW II Students of Norfolk State.

Nature of Petitioner's Request: To include a grandfather clause for educational requirements for a licensed clinical social worker. Students matriculating on or before May 7, 2011, have met the educational requirements detailed in the January 7, 2010 regulations, which were in place at the beginning of the advanced year of clinical study. All students who began or finished their advanced year of clinical course work at an accredited school of social work prior to March 2, 2011, should be eligible to apply for licensure supervision.

Agency Decision: Request denied.

Statement of Reason for Decision: The board determined that a regulatory action would not be a viable alternative to resolve the issue raised by the petition because amending regulations is typically an 18-month to two-year process. The board also noted that any deficiency in the practicum hours can be made up during the residency, so if the practicum was less than 600 hours (i.e., 504 hours), the additional 96 hours could be obtained as necessary for licensure.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email

VA.R. Doc. No. R11-31; Filed June 24, 2011, 2:01 p.m.