2003 Session

Budget Bill - HB1400 (Chapter 1042)

Department of Social Services

Item 361

Item 361

First Year - FY2003Second Year - FY2004
Regulation of Public Facilities and Services (56100)$11,681,143$11,681,143
Regulation of Adult and Child Welfare Facilities and Agencies (56101)FY2003 $11,298,470FY2004 $11,298,470
Interdepartmental Licensure and Certification (56106)FY2003 $382,673FY2004 $382,673
Fund Sources:  
GeneralFY2003 $977,373
FY2004 $977,373
SpecialFY2003 $631,265FY2004 $631,265
Federal TrustFY2003 $10,072,505
FY2004 $10,072,505

Authority: Title 63.1, Chapters 9 and 10, Code of Virginia.

A. The state nongeneral fund amounts collected and paid into the state treasury pursuant to the provisions of §§ 63.1-174.01 and 63.1-196.5, Code of Virginia, shall be used for the development and delivery of training for operators and staff of assisted living facilities, adult day care centers, and child welfare agencies.

B. As a condition of this appropriation, the Department of Social Services shall (i) promptly fill all position vacancies that occur in the child day care licensing program so that positions shall not remain vacant for longer than 120 days and (ii) hire sufficient child care licensing specialists to ensure that all day care facilities receive, at a minimum, the two visits per year mandated by § 63.1-196.1, Code of Virginia, and that facilities with compliance problems receive additional inspection visits as necessary to ensure compliance with state laws and regulations.

C. As a condition of this appropriation, the Department of Social Services shall utilize a risk assessment instrument for child day care enforcement. This instrument shall include criteria for determining when the following sanctions may be used: (i) the imposition of intermediate sanctions, (ii) the denial of licensure renewal or revocation of license of a licensed facility, (iii) injunctive relief against a child care provider, and (iv) additional inspections and intensive oversight of a facility by the Department of Social Services.

D. Out of this appropriation, the Department of Social Services shall implement training for new assisted living facility owners and managers to focus on health and safety issues, and resident rights as they pertain to adult care residences.

E. The Department of Social Services shall develop protocols for its licensing staff to obtain and utilize information from residents of assisted living facilities and their family members as part of its process for renewing adult care residence licenses. The Department shall promulgate the necessary regulations to implement this requirement.