CODE OF VIRGINIA

COMMUNITY GROUP HOMES AND OTHER RESIDENTIAL FACILITIES FOR CERTAIN JUVENILES;
LICENSURE; PERSONNEL; SUMMARY SUSPENSION UNDER CERTAIN CIRCUMSTANCES; PENALTY
(§ 66-24)

A. The Department of Juvenile Justice shall cooperate with other state
departments in fulfilling their respective licensing and certification
responsibilities of children’s residential facilities. The Board shall
promulgate regulations that shall allow the Department to so assist and
cooperate with other state departments. The Board’s regulations shall
establish the Department as the single licensing agency, with the exception of
educational programs licensed by the Department of Education, for group homes or
residential facilities providing care of juveniles in direct state care.

B. The Department is authorized to establish and maintain such a system of
community group homes or other residential care facilities as the Department may
from time to time acquire, construct, contract for or rent for the care of
juveniles in direct state care, pending development of more permanent placement
plans. Any community group home or other residential care facility that the
Department may contract for or rent for the care of juveniles in direct state
care shall be licensed or certified in accordance with the regulations of the
Board.Any more permanent placement plans shall consider adequate care and
treatment, and suitable education, training and employment for such juveniles,
as is appropriate.

C. The Department is further authorized to employ necessary personnel for
community group homes or other residential care facilities or to contract with
private entities for their operation. The Department shall conduct background
checks of any individual who (i) accepts a position of employment at a community
group home or other residential care facility, (ii) volunteers at a community
group home or other residential care facility on a regular basis and will be
alone with a juvenile in the performance of his duties, or (iii) provides
contractual services directly to a juvenile in a community group home or other
residential care facility on a regular basis and will be alone with a juvenile
in the performance of his duties, pursuant to § 63.2-1726.

D. The Board shall promulgate regulations for licensure or certification of
community group homes or other residential care facilities that contract with or
are rented for the care of juveniles in direct state care pursuant to subsection
B.The Board’s regulations shall address the services required to be
provided in such facilities as it may deem appropriate to ensure the welfare and
safety of the juveniles. In addition, the Board’s regulations shall
include, but need not be limited to (i) specifications for the structure and
accommodations of such facilities according to the needs of the juveniles to be
placed in the home or facility; (ii) rules concerning allowable activities,
local government- and group home- or residential care facility-imposed curfews,
and study, recreational, and bedtime hours; and (iii) a requirement that each
home or facility have a community liaison who shall be responsible for
facilitating cooperative relationships with the neighbors, the school system,
local law enforcement, local government officials, and the community at large.

E. Pursuant to the procedures set forth in subsection F and in addition to any
other legally authorized disciplinary actions, the Director may issue a summary
order of suspension of the license or certificate of any group home or
residential facility so regulated by the Department, in conjunction with any
proceeding for revocation, denial, or other action, when conditions or practices
exist in the home or facility that pose an immediate and substantial threat to
the health, safety, and welfare of the juveniles who are residents and the
Director believes the operation of the home or facility should be suspended
during the pendency of such proceeding.

F. The summary order of suspension shall take effect upon its issuance and shall
be served on the licensee or certificate holder or its designee as soon as
practicable thereafter by personal service and certified mail, return receipt
requested, to the address of record of the licensee or certificate holder. The
order shall state the time, date, and location of a hearing to determine whether
the suspension is appropriate. Such hearing shall be held no later than three
business days after the issuance of the summary order of suspension and shall be
convened by the Director or his designee.After such hearing, the Director may
issue a final order of summary suspension or may find that such summary
suspension is not warranted by the facts and circumstances presented. A final
order of summary suspension shall include notice that the licensee or
certificate holder may appeal the Director’s decision to the appropriate
circuit court no later than 10 days following issuance of the order. The sole
issue before the court shall be whether the Director had reasonable grounds to
require the licensee to cease operations during the pendency of the concurrent
revocation, denial, or other proceeding. The concurrent revocation, denial, or
other proceeding shall not be affected by the outcome of any hearing on the
appropriateness of the summary suspension.The willful and material failure to
comply with the summary order of suspension or final order of summary suspension
shall be punishable as a Class 2 misdemeanor. The Director may require the
cooperation of any other agency or subdivision of the Commonwealth in the
relocation of the juveniles who are residents of a home or facility whose
license or certificate has been summarily suspended pursuant to this section and
in any other actions necessary to reduce the risk of further harm to such
residents.

G. In addition to the requirements set forth above, the Board’s
regulations shall require, as a condition of initial licensure or, if
appropriate, license renewal, that the applicant shall: (i) be personally
interviewed by Department personnel to determine the qualifications of the owner
or operator before granting an initial license; (ii) provide evidence of having
relevant prior experience before any initial license is granted; (iii) provide,
as a condition of initial license or renewal licensure, evidence of staff
participation in training on appropriate siting of the residential facilities
for children, good neighbor policies, and community relations; and (iv) be
required to screen residents prior to admission to exclude individuals with
behavioral issues, such as histories of violence, that cannot be managed in the
relevant residential facility.

H. In addition, the Department shall:

   1.  Notify relevant local governments and placing and funding agencies,
   including the Office of Children’s Services, of multiple health and
   safety or human rights violations in residential facilities licensed by the
   Department when such violations result in the lowering of the licensure or
   certification status of the facility to provisional;

   2.  Post on the Department’s website information concerning the
   application for initial licensure or certification of or renewal, denial, or
   provisional licensure or certification of any residential facility for
   children located in the locality;

   3.  Require all licensees or certificate holders to self-report lawsuits
   against or settlements with residential facility operators relating to the
   health and safety or human rights of residents and any criminal charges that
   may have been made relating to the health and safety or human rights of
   residents;

   4.  Require proof of contractual agreements or staff expertise to provide
   educational services, counseling services, psychological services, medical
   services, or any other services needed to serve the residents in accordance
   with the facility’s operational plan;

   5.  Modify the term of the license or certificate at any time during the term
   of the license or certificate based on a change in compliance; and

   6.  Disseminate to local governments, or post on the Department’s
   website, an accurate (updated weekly or monthly as necessary) list of licensed
   and operating group homes and other residential facilities for children by
   locality with information on services and identification of the lead licensure
   agency.

HISTORY: Code 1950, §§ 53-331, 63.1-246, 63-291.1; 1966, c. 491; 1968, c. 578;
1974, cc. 44, 45; 1975, c. 637; 1981, c. 487; 1982, c. 636, § 53.1-249; 1989,
c. 733; 1996, cc. 755, 914; 2005, cc. 358, 471; 2006, cc. 168, 781; 2008, c.
873; 2015, c. 366.