Preliminary Draft Text
CHAPTER 60
MINIMUM STANDARDS FOR VIRGINIA DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT
GRANT PROGRAMS
Part I
General Provisions
6VAC35-60-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Alternative day treatment" or "structured day programs" means nonresidential programs that provide services, which may include counseling, supervision, recreation, and education to referred juveniles at a central facility.
"Annual PlanGrant Programs Update"
means a written plan, covering a single fiscal year, setting forth
measurable goals and objectives for developing, coordinating, and evaluating
youth services. The Annual Plan is to be based on an assessment of the
community's needs submitted annually to the director of the department
by recipients of grant funding requesting renewal of the grant funding and
detailing the status of youth services provided in accordance with the Biennial
Comprehensive Plan. The annual grant programs update shall include an inventory
of youth and parenting related services and programs available in the locality
and shall incorporate revisions or modifications of the locality's
comprehensive plan as deemed necessary by the Youth Needs Assessment .
"Background check" means steps taken to ascertain whether various records on a person include criminal acts or other circumstances that would be detrimental to juveniles or their families or to the integrity of a program, in addition to a driving record check where applicable to job function.
"Biennial Comprehensive Plan" means a written plan, covering two fiscal years and coinciding with the Commonwealth's biennial budget cycle and appropriations plan, which sets forth measurable goals and objectives for developing, coordinating, and evaluating youth services. The Biennial Plan shall be based on an assessment of the community's needs and resources and updated annually, as needed.
"Counseling" means the planned use of interpersonal relationships to promote behavioral change or social adjustment.
"Department" means the Department of Juvenile Justice.
"Direct service programs or services" means programs or services in which Office on Youth staff, assigned Youth Services Citizen Board members, or Office on Youth volunteers, are the primary providers of a service involving ongoing person-to-person contact with youth or families.
"Individual service or contact plan" means a written
plan of action developed, updated as needed, and modified at intervals
to meet the needs of eacha juvenile or adult. It specifies
measurable short-term and long-term goals, the methods objectives,
strategies, and time frames for reaching the goals, and the
individuals responsible for carrying out the plan.
"Local governing body" means a city board, commission, or council or other body by whatever name it may be known, in which the general legislative powers of the city or town are vested or a county board of supervisors.
"Locality" means the city, county, town, or combination thereof served by an Office on Youth.
"Monitoring review" means the written report
completed by designated department personnel based on an on-site review of the
progress made toward goals and objectives identified in the Office on Youth's Annual
Biennial Comprehensive Plan.
"Office on Youth" means the staff and the place of business of the staff of the local entity funded by the authority of the Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia).
"Sponsoring locality" means the locality that is the fiscal agent or administrator of the grant.
"Supervision" means visiting or making other contact
with or about, or providing treatment, rehabilitation, or services to,
a juvenile as required by the court, court service unit staff by an
intake officer, for parole purposes, or by a designated referral
source.
"Time-out" means a systematic behavior management technique designed to reduce or eliminate inappropriate behavior by temporarily removing a juvenile from contact with people or other reinforcing stimuli.
"Volunteer" or "intern" means any
individual or group who of their own free will and without any financial gain
provides goods or services to the program without compensation.
"Youth needs assessment" means an objective assessment of the community's youth development and delinquency prevention needs and resources.
"Youth Services Citizen Board" means the board
appointed by the county or city locality's governing body or
combination thereof in accordance with § 66-34 of the Code of Virginia.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 1.1, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-20 to 6VAC35-60-30. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 2.1 and 2.2, eff. July 1, 1990; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
Part II
Youth Services Citizen Board
6VAC35-60-40. Terms.
Youth Services Citizen Board members shall be appointed by
the local governing body, for a term of no less than three years and not
more than five years and may be reappointed; appointments shall be staggered
for continuity. At least one Youth Services Citizen Board member shall be below
the age of 18 years at the time of appointment. Youth Any members
who are below the age of 18 at the time of appointment shall serve
one-year terms and may be reappointed as eligible.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 2.3, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-50. Restrictions.
No title, position, or agency shall be appointed to the Youth Services Citizen Board.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 2.4, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-60. Officers and bylaws.
The Youth Services Citizen Board shall elect its own officers and establish its own bylaws.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 2.5, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-70. [Repealed]
Historical Notes
Derived from VR690-40-005 § 2.6, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-71. Youth Services Citizen Board responsibilities.
The responsibilities of the Youth Services Citizen Board shall be delineated in writing in a form approved by the local governing body. These responsibilities shall include making recommendations, at least annually, to the local governing body regarding the contents of the Biennial Comprehensive Plan and its implementation.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-80 to 6VAC35-60-160. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 2.7 to 2.15, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
Part III
Office on Youth Administration
Article 1
General Requirements of Direct Service for Programs and Services
6VAC35-60-170. Implementation of strategies.
The Office on Youth shall implement the strategies to
accomplish the goals and objectives as established and authorized in the Annual
Biennial Comprehensive Plan.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.1, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
Article 2
Personnel and Operations
6VAC35-60-180. Director. (Repealed.)
The Office on Youth shall have one paid full-time director.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.2, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-190. Support services.
The Office on Youth shall have access to clerical and other support services, as needed.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.3, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-200 to 6VAC35-60-210. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 3.4 and 3.5, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-215. Staffing requirements.
The Youth Services Citizen Board, if a policy making board, or the city manager or county administrator, with the advice of the Youth Services Citizen Board if an advisory board, shall establish (i) the number of staff; (ii) a written job description for each position; and (iii) the minimum knowledge, skills, and abilities required for each position.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997; amended, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-220. [Repealed]
Historical Notes
Derived from VR690-40-005 § 3.6, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-225. Staff and volunteer qualifications and training.
A. Staff and volunteers shall be qualified and trained for the positions and duties to which they are assigned.
B. Staff and volunteers who provide professional services
shall be appropriately licensed , certified, or qualified ,
as required by law.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-230. [Repealed]
Historical Notes
Derived from VR690-40-005 § 3.7, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-235. Personnel policies.
Staff of the Office on Youth shall be governed by, and have ready access to, written personnel policies and procedures.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-236. Volunteer background check [ Background
checks ].
Where available, Offices on Youth shall follow the sponsoring
locality's policies and procedures to secure background checks for volunteers and
staff. In the absence of such local policies, Offices on Youth shall
develop a policy to ascertain, for all volunteers and staff who provide one-on-one
services directly to youth outside a group setting a juvenile
on a regular basis and will be alone with the juvenile in the performance of
their duties, whether there are criminal acts or other circumstances that
would be detrimental to the safety of the youth or families with whom they come
in contact.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-237. Employee background check. (Repealed.)
Offices on Youth shall follow the sponsoring locality's
policies and procedures in securing background checks for full-time Office on Youth
staff. In the absence of such sponsoring locality's policy covering background
checks for employees, the Office on Youth shall develop a policy to ascertain
whether there are any criminal acts or other circumstances that would be
detrimental to the safety of the youth or families with whom they come in
contact or that would compromise the integrity of the program.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-240 to 6VAC35-60-270. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 3.8 to 3.11, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-280. [Repealed]
Historical Notes
Derived from VR690-40-005 § 3.12, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
Article 3
Staff Training and Development
6VAC35-60-290. Training program.
A program of training with defined objectives relating to the
job description and the Annual Plan shall be written biennially with
the Biennial Comprehensive Plan and shall be updated annually ,
as needed, for each full-time position established for the Office on Youth.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.13, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-300 to 6VAC35-60-310. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 3.14 and 3.15, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
Article 4
Fiscal Management
6VAC35-60-320. Budget review.
The Youth Services Citizen Board shall review and comment on
the proposed annual operating budget of the Office on Youth.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.16, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-330. Budget submission.
The sponsoring locality shall submit annually every
two years, in accordance with the state's biennial budget process, to the Department
of Juvenile Justice department the approved operating budget for the
Office on Youth showing appropriated revenue and projected expenses for the
coming year.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.17, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-340 to 6VAC35-60-370. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 3.18 to 3.21, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-380. Purchasing procedures.
The sponsoring locality's purchasing policies and procedures shall govern purchasing of supplies, materials, equipment, and services.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.22, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-390. Semi-annual review.
The Youth Services Citizen Board shall review, at least twice a year, income and disbursements of the Office on Youth.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.23, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
Article 5
Monitoring and Evaluation
6VAC35-60-400. [Repealed]
Historical Notes
Derived from VR690-40-005 § 3.24, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997. repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-410. On-site monitoring review.
The director of the Office on Youth shall circulate or distribute copies of the on-site monitoring review received from designated department personnel to all members of the Youth Services Citizen Board and the city manager or county administrator of the sponsoring locality within 45 calendar days of its receipt.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 3.25, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-415. Evaluation.
The Office on Youth shall provide for an evaluation of program
effectiveness in the Annual Biennial Comprehensive Plan.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-420 to 6VAC35-60-430. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 3.26 and 3.27, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
Part IV
Programs and Services
6VAC35-60-440. [Repealed]
Historical Notes
Derived from VR690-40-005 § 4.1, eff. July 1, 1990. Amended by Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-450. Needs assessment contents.
The assessment of the community's youth development and
delinquency prevention needs and resources youth needs assessment
shall include but not be limited to:
1. A detailed compilation of the problems, needs, opportunities, and conditions of youth in the community that is based on:
a. Youth-service agencies' opinions;
b. An analysis of public opinion;
c. An analysis of youth attitudes and behaviors; and
d. An analysis of available current archival data.
At least one two of the above components shall be
updated each year , at a minimum, every two years with the
resulting updated information being incorporated into the Annual Biennial
Comprehensive Plan. All four components shall be updated over a four-year
cycle.
2. A comprehensive inventory of current programs and resources affecting youth, including:
a. Identifying information;
b. Program descriptions;
c. Clientele served; and
d. Fee requirements.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 4.2, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-460. [Repealed]
Historical Notes
Derived from VR690-40-005 § 4.3, eff. July 1, 1990. Amended by Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-470. [Repealed]
Historical Notes
Derived from VR690-40-005 § 4.4, eff. July 1, 1990, repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-480. [Repealed]
Historical Notes
Derived from VR690-40-005 § 4.5, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-490 to 6VAC35-60-495. [Repealed]
Historical Notes
Derived from VR 690-40-005 § 4.6, eff. July 1, 1990, and Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-500. Annual reports.
Annually, the Youth Services Citizen Board shall submit a
written report the Annual Grant Programs Update to the local governing
body and send copies to the designated personnel at the Virginia Department
of Juvenile Justice department regarding progress toward meeting the
goals and objectives identified in the Annual Biennial Comprehensive Plan.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 4.7, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-510 to 6VAC35-60-570. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 4.8 to 4.14, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
Part V
Standards for Direct Service Programs
Article 3
GeneralOther Requirements of Direct Service Programs and Services
6VAC35-60-575. Applicability of nonresidential standards.
Direct service programs operated by Offices on Youth shall comply with the following Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts, as applicable to the direct service program:
6VAC35-150-450 (limitation of contact with juveniles);
6VAC35-150-460 (qualifications of program personnel qualifications);
6VAC35-150-470 (medical emergencies affecting youth in a
program);
6VAC35-150-490 (juveniles' rights);
6VAC35-150-500 (juvenile participation in research);
6VAC35-150-510 (case management requirements);
6VAC35-150-520 (confidentiality of records);
6VAC35-150-530 (incident documentation and reporting of
certain incidents);
6VAC35-150-540 (reporting of suspected child abuse and
neglect);
6VAC35-150-550 (physical setting in which the program is
conducted);
6VAC35-150-560 (individual service or contact plan);
6VAC35-150-580 (emergencies and safety in juveniles' homes);
6VAC35-150-620 (supervision of juveniles in alternative day treatment and structured day programs);
6VAC35-150-630 (meals in alternative day treatment program
and structured day programs );
6VAC35-150-640 (fire safety);
6VAC35-150-650 (first-aid kits in alternative day programs);
6VAC35-150-660 (delivery of medication);
6VAC35-150-680 (physical and mechanical restraint); and
6VAC35-150-690 (uses of procedural requirements for
time-out).
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-580. Documented need required.
The need for the Office on Youth to operate a direct service
program shall be documented and be included in the Annual Biennial
Comprehensive Plan. If there is a documented need for the Office on Youth
to operate a direct service program, the Annual Biennial Comprehensive
Plan shall specify the description of services to be provided including target
populations and an evaluation plan.
The department shall be notified in writing of any plan to
change a direct service program or service included in an Office on Youth's Annual
Biennial Comprehensive Plan.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 4.15, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-590. [Repealed]
Historical Notes
Derived from VR690-40-005 § 4.16, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.
6VAC35-60-600. Records management.
If an Office on Youth provides direct services, written policy and procedure shall, at a minimum, ensure that:
1. Juveniles' records are kept confidential; and
2. Records are destroyed as prescribed in regulations issued by
the Virginia State Library Board; and.
3. All services are provided by individuals who are
appropriately licensed or certified (when appropriate to the level of service
delivered), or are otherwise qualified to provide the service.
Statutory Authority
§§ 66-10, 66-27 and 66-28 of the Code of Virginia.
Historical Notes
Derived from VR690-40-005 § 4.17, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-605. [Repealed]
Historical Notes
Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.
6VAC35-60-610 to 6VAC35-60-670. [Repealed]
Historical Notes
Derived from VR690-40-005 §§ 4.18 to 4.24, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.