2008 Session

Budget Bill - HB29 (Introduced)

Department of Social Services

Item 341

Item 341 (Not set out)

First Year - FY2007Second Year - FY2008
Regulation of Public Facilities and Services (56100)$13,464,616$13,458,654
Regulation of Adult and Child Welfare Facilities (56101)FY2007 $13,016,016FY2008 $13,016,016
Interdepartmental Licensure and Certification (56106)FY2007 $448,600FY2008 $442,638
Fund Sources:  
GeneralFY2007 $4,476,999FY2008 $4,476,999
SpecialFY2007 $706,265FY2008 $700,303
Federal TrustFY2007 $8,281,352FY2008 $8,281,352

Authority: Title 63.2, 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 § 63.2-1700, 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 § 63.2-1706, 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.

F. Out of this appropriation, $70,000 the first year and $70,000 the second year from the general fund is provided for dementia-specific training of long-term care workers dealing with Alzheimer's disease and related disorders through the Virginia Alzheimer's Association Chapters.

G. The provisions of Chapter 686 of the 2006 Acts of Assembly that amended § 54.1-3408 by adding subsection N shall not prevent the administration of drugs to a child in a child day program as defined in § 63.2-100 and regulated by the State Board of Social Services or the Child Day Care Council, with permission and direction of the child's parent or guardian, until January 1, 2008.  The Commissioner of Social Services shall ensure that sufficient opportunities are provided to enable currently regulated child day programs to satisfy the medication administration training required by the standards for such child day programs by that date.  In the event that any regulated child day program has not, for good cause, completed training by January 1, 2008, the regulated child day program may apply to the Commissioner for a good cause extension, not to exceed 90 days, to comply with training requirements and, if granted, shall be exempt from the training requirements specified in § 54.1-3408 N during the period of such extension.