The wording in the communication from Lynne Williams, Director, Division of Licensing Programs, is: Repeal of the existing regulation and adoption of a new regulation is the most effective way to incorporate all applicable requirements from the Code of Virginia and make the necessary changes to achieve clarity and consistency with current practices and procedures. 

That is well-worded, and is a worthy reason for repeal and replacement of the regulation General Procedures and Information for Licensure, 22 VAC 40-80 et seq. But not knowing how those changes will read (The regulation itself is not complete and has not been presented to or approved by the State Board- Lynne Williams), it raises a concern as to what exactly will be adopted, and How?, and By whom?  

In my only seven years experience in Residential Care under Virginia State licensure, there is too much room for unelected officials to impose their biases and will in writing the language and/or facilitating the enforcement of "regulations" that are NOT the "applicable requirements from the Code of Virginia" (discussed, written, and approved by vote of our elected legislators).  

Two examples come to mind, showing that Autocratic Presumption dictated "Applicable Requirements": 

1. Is Home Schooling allowed in Residential Facilities?  The Virginia Standards for Licensed Children's Residential Facilities cite Code of Virginia 22.1-254.1, then state in parenthesis(Note: Home schooling is not allowed in residential facilities for children).  But after a thorough examination of that section of the Code of Virginia, there is nothing explicitly or implicitly relevant to forbidding residential facilities from home schooling (nor is it in 22VAC40-151-860 Education).   If anything, the Code states that the "parent who... provides a program of study... through a correspondence course or distance learning program or in any other manner" (italics mine) is within their legal rights to "elect to home school."  If a parent can use the instruction of a teacher on video through a distance learning program, then surely the "any other manner" could include the teacher live and in person.  

Now even if that reasoning is in any way a stretch, it is even more of a stretch to summarily state that the Code of Virginia forbids home schooling in residential facilities.  So that begs these questions: Who wrote that line?  And why?  The answer to the first question would most assuredly be an unelected official.  The answer to the second could most possibly be that such a prohibition was based on the bias of that official.  But then, and I've seen this firsthand, that parenthetical presumption ("not allowed") dictates the "regulation" imposed on the residential care facility.  If the facility tried to bypass it, then the same type of unelected official could cause unwelcome consequences.  

Keep in mind that there are residential facilities in the state of Virginia that accept private placements.  The parent of the child, according to the Code of Virginia, may "elect to home school... through... any other manner."  But through Autocratic Presumption, not Applicable Requirements, a "regulation" forbids it.  

2. Can photos of residents be used in promotional material?  I was told unequivocally by a County DSS official that they cannot, and that such a prohibition was mandated by state law.  You'll be hard pressed to find such a restriction in the Code of Virginia.  Rather, print media distributed by the State DSS simply informs that "permission" must be obtained by the parent or guardian.  But the rather rude unelected demagogue with whom I spoke said it "wouldn't happen on her watch" (she also inexplicably and unnecessarily called the children in her care "wards of the state").  Federal publications encourage DSS children to be included in photographs as a part of normalcy and feeling that they belong, and that even if pictures are taken by local newspapers, their use (even with their names) is permitted, just not with any distinction of being a "foster child." 

In my experience of taking pictures for newsletters, it is so exciting for the child to know their picture will be used.  They will "photo-bomb", or say , Hey, take a picture of me over here? or Will you put my picture in the next newsletter?  I've also seen children slink away in disappointment when pictures are taken because someone informed them they couldn't be in pictures.  So how did that autocratic DSS official become assured of such a prohibition based on law?  When I asked her that question, she continued to intensely assure, but without any legistlative authority behind the assurance.

So back to my quesiton: In the adoption of a new regulation, How will that be done?, and By whom?  Will we come out on the other end with some surprise "regulations" in how we are licensed that were based on autocratic presumption, and not applicable requirements?