In accordance with the directive in the Governor’s Executive Directive 1 to remove “regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth,” DBHDS reviewed both chapters of licensing regulations to identify noncontroversial amendments and developed drafts for consideration as fast track actions. 

This forum contains the DRAFT regulatory action for Regulations for Children's Residential Facilities (12VAC35-46): 

Chapter 46: https://dbhds.virginia.gov/wp-content/uploads/2024/08/Chapter-46.pdf

Another forum is open concurrently with this one for the draft regulatory action for Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) (the “Licensing Regulations”).

Background

DBHDS has 13 regulatory chapters.  However, the majority of discretionary mandates are in the two chapters mentioned above.  Therefore, to meet the totals, the focus of regulatory reduction for this agency began within these two chapters that establish the parameters of health, safety, and welfare for services licensed and funded by DBHDS.

Due to the Governor’s directive to move expeditiously forward with regulatory reductions, DBHDS targeted the first round of reductions for either stricken language or language amendments that lessen the regulatory burden that would be seen as noncontroversial amendments. The remaining discretionary requirements are more closely tied to the protections for individuals.