Why Become Licensed?

The Code of Virginia, Chapter 10 of Title 63.1, requires that private child welfare agencies, including child-placing agencies, be licensed by the VDSS. In support of statutory requirements, licensing regulations and oversight are designed to assist agencies in providing appropriate, high quality services while reducing risk to those placed by or employed by the agency. Section 63.1-215 of the Code of Virginia makes it a misdemeanor to operate a child welfare agency without first obtaining the required license. Legal consequences of operating without the appropriate license include a fine of not more than $100, imprisonment for not more than 12 months, or both fine and imprisonment. Each day of operating without the appropriate license constitutes a separate offense.

Is There a Need for Your Program?

It is commendable to want to serve children, but it is essential to know whether there is an unmet need for the program and services you want to offer. It is wise to conduct a needs assessment in the area where you want to locate. At a minimum, talk with potential referral agencies such as the local department of social services and community services board. Also consider demographics and service trends. If there is no need for an additional treatment foster care provider, perhaps there is a need for other types of programs.

Location

Your facility should be located near the families it expects to serve and also near a variety of community-based services. Consider access to schools, transportation, churches, medical and psychiatric resources, recreational and cultural opportunities, and emergency response services. Is the population sufficient to recruit an adequate number of treatment homes?

Is Funding Available?

VDSS does not offer financial assistance to open new programs. Historically, new programs have relied upon a variety of funding sources such as religious and charitable organizations, corporations, local citizens, civic groups, donor bases, and anticipated fees for services. However, at the time you plan to open a new facility, you might locate funding from federal, state or local governments or through private foundations. Treatment foster care providers are reimbursed for care and services after children are placed.

Comprehensive Services Act

In Virginia, The Comprehensive Services Act (CSA) for at-risk youth and families governs the placement and funding for many of the children in need of placement. This law combined eight specific funding streams at the state level and put them under the control of local governments. A local Community Policy and Management Team (CPMT) approves funding for children referred by the local Family Assessment and Planning Team (FAPT) for placement. If the funds are approved for a child's placement, the agency is reimbursed, usually on a monthly basis, after the child is in care. The arrangements must be made between the provider and the locality involved. Children may be placed by a local department of social services and have a social worker assigned. Other placements include court commitment and parental placement.

Virginia places great importance on children remaining with their families whenever possible. When this is not possible, children are to be placed in settings as close to home as possible. Treatment foster care providers are expected to involve families in the services planning for each child, unless the local team/placing agency gives other direction or parental rights have been terminated by the court. The CSA pool is the funding stream of last resort and must be used on a child specific basis. This means that pool funds may be spent only when purchasing services for specific children and their families.

The Service Fee Directory lists service providers registered to CSA children and families. It gives the name, address, and the services offered for each facility. Facilities register the maximum fees they will charge for residential services in this directory and are responsible for keeping it updated. The directory may be accessed through the CSA Web site. For more information about the CSA and the Service Fee Directory, please call the Office of Comprehensive Services at (804) 662-9815.

Role of the Licensing Supervisor

The licensing supervisor is committed to your success. They will seek to understand the unique strengths and needs of your program while remaining sensitive to your individual values and philosophy. If problems do arise, they will work with you to identify realistic, cost-effective solutions and will provide consultation upon request. The supervisor's role is to help you become familiar with and comply with state laws and licensing regulations. The licensing supervisor will guide you through the initial licensure process and establish an ongoing professional relationship with your facility and administration. The licensing supervisor will help you stay informed about and in compliance with changing laws and regulations. They will conduct announced and unannounced site visits to determine compliance with laws and regulations. They will assist you in maintaining a current license and will investigate reports that your program is violating licensing standards or laws. The licensing supervisor represents VDSS and is given authority by the Code of Virginia to inspect child-placing agencies and interview all employees and children in care.

Licensure Application

You may obtain an initial application for licensure at http://www.dss.virginia.gov/form/pdf/cpa_app.pdf. The application consists of a multi-page questionnaire that specifies required attachments to be submitted as part of the application. Along with the application you will need to supply:

• Address and location of the agency
• Sponsoring organization
• Identity and qualifications of key staff
• Type of program you propose to operate
• Number of children you propose to serve
• Gender and age range of children you plan to serve
• Storage of personnel, foster home and child records
• Job descriptions
• a program statement for the agency (described in Minimum Standards)
• Financial information needed includes a balance sheet and a working budget which projects revenue and expenses for the first year of operatio

Agencies operated by a corporation must submit articles of incorporation, the by-laws, the certificate of incorporation (or certificate of amendment), a signed board statement completed by the board secretary and a list of all members of the board and executive committee. Information for board members must include the address and office/title of each individual and identifying information for three references to be contacted for three Board officers. All of the above is required for a complete application.

As you begin completing the application, you also need to finalize personnel and operational policies and procedures, screening and recruiting staff, and complete the final set-up and equipping of the agency. Your application will be submitted to the licensing supervisor selected to assist you through the process. Upon receipt of the application, the licensing supervisor will advise you whether it is complete. If the application is incomplete, the supervisor will explain what is needed.

Once your application is submitted, the licensing supervisor will begin the evaluation process. They will seek references for board officers where applicable, evaluate the financial position of the applicant, review program material, seek clarification from you when necessary and, finally, schedule the site visit to determine compliance with all regulations. There is a $70 application fee.

Background Investigations

Code of Virginia Section 63.1-198.1 - requires all child placing agencies for children to conduct background investigations of all employees, foster homes, volunteers and consultants who are alone with children and who work at the agency on a regular basis. The background investigation includes a Virginia State Police criminal record check and a child abuse and neglect central registry check through the VDSS Child Protective Services Unit. State Police form SP-230 is available by calling (804) 674-2024. For the child abuse and negliect central registry check submit the appropriate form and you will be provided with information about crimes that would bar employment, foster home approval or licensure in a child placing agency.

How Long Does the Process Take?

The licensing supervisor has 60 days after receipt of a complete application to take final action on an application. Once an application is complete, the supervisor will act as quickly as possible to complete the licensing process and make the issuance decision. The process can be completed more quickly if your planning is thorough and you are well prepared for the licensing study.

Model Forms

An important part of complying with licensing regulations relates to maintaining case records. Agencies have considerable freedom to develop their own forms and are encouraged to be creative and efficient in maintaining necessary written accountability.

In adopting forms for use in your program, please be mindful of several considerations. Begin with the basic items required by licensing standards and then add whatever optional information you believe would be useful. Ensure that all forms are clear, specific, user-friendly and that they provide sufficient space for the desired information. Using the language presented in the Minimum Standards will help assure completeness and compliance. Keep in mind the purpose of the form and be complete, but keep it simple. The licensing supervisor can offer consultation in this area. The benefits of submitting your model forms early in the application process are similar to those for early submission of program materials. The licensing supervisor may have model forms you may wish to adopt or modify for your program.

Staffing Your Program

How well you staff your program will, ultimately, be the single greatest factor in your success. As you complete the application process, you will likely be screening, hiring and training a variety of staff. Please pay close attention to both the education and experience requirements specified in the Minimum Standards. In smaller facilities, it is common to select staff to fulfill the duties of several positions listed in the standards. If you plan to staff in this manner, please ensure that the individual meets the education and experience requirements specified for each position to be covered. Pay close attention to the minimum standards for Executive Director, Director of Social Services, Child Placing Supervisor and Case Worker.

Preparing for the Initial Licensing Study

The initial licensing study is when the licensing supervisor will visit your agency to review compliance with all Mimimum Standards. Model forms and written policies and procedures must be complete and available. Personnel records need to be current. Although the program will not be operational at the time of the study, you must have systems in place for: admission, discharge, recruitment of foster homes, provision of services and responding to emergencies both during and after agency hours of operation.

The initial study consists of an announced site visit by the licensing supervisor at a mutually convenient time. During the study, the supervisor will review all licensing Minimum Standards to determine whether your program is in compliance. At the initial study, an agency typically cannot fully demonstrate compliance with many minimum standards simply because it is not yet in operation. The licensing supervisor will determine compliance with certain standards and the adequacy of planning to assure future compliance with all minimum standards. Then they will conduct an exit interview and review all findings with you. A written summary and compliance plan will probably be left at the facility at the conclusion of the inspection; if not, it will be sent promptly by mail.

Issuance of Initial License

The applicant must complete the compliance plan, state the actions that will be taken to correct any deficiencies found and give time frames for correction. Once the corrective action plan is approved by the licensing supervisor, they will make a decision regarding issuance of a license. In most cases, a conditional license will be issued to new agencies for a period of six months to allow time for the agency to demonstrate full compliance with all standards.

When Can I Place Children?

You may not place children before receiving a license. While you will undoubtedly be eager to begin serving children, remember that it is a misdemeanor to do so without a license. It will be necessary to closely coordinate the admission of children when you first begin providing services, but be careful not to promise definite admission dates you may not be able to honor.

How Often Will My Agency Receive a Licensing Inspection?

The Code of Virginia mandates that each agency receive at least two site visits per calendar year, at least one of which must be unannounced.

The Next Step

If you wish to pursue licensure of a child-placing agency, we welcome you to the challenges and rewards of providing for children. For additional information, please call the phone number for licensing information listed on our help contacts page.