What is the Interdepartmental Regulation Program?
The Interdepartmental Regulation Program is a joint effort of the Departments of Education; Juvenile Justice; Mental Health, Mental Retardation and Substance Abuse Services; and Social Services to cooperatively regulate most of Virginia's public and private sector children's residential facilities. The program is designed to carry out the department's regulatory responsibilities more effectively and efficiently than the fragmented efforts that preceded the interdepartmental programs's development.

The Report of the Subcommittee on the Placement of Children [House Document Number 16(1977)] criticized the regulatory efforts of the departments as being uncoordinated and duplicative. The Subcommittee indicated that it would be ideal if there were one joint evaluation of each facility and if regulations were uniform among agencies. In response to this report, the departments entered an agreement pledging cooperation in the development of an interdepartmental regulatory program.

The four departments and representatives of residential facilities developed a set of "core" standards for use in regulating residential facilities. The "core" standards establish the minimum level of regulation that is necessary to provide protection and treatment/programming to vulnerable children in out-of-home care. The first interdepartmental standards became effective July 1, 1981 and have been revised several times since that date.

What is the Office of Interdepartmental Regulation?
This office coordinates the children's residential regulatory activities conducted by the Departments of Education; Juvenile Justice; Mental Health, Mental Retardation and Substance Abuse Services; and Social Services. It facilitates the development of regulations and conducts training for regulatory personnel and facility providers on a variety of topics. This Office also processes background checks for facilities licensed by the Departments of Education; Mental Health, Mental Retardation and Substance Abuse Services; and Social Services.

This office will answer questions from those individuals and groups inquiring about opening a children's residential facility. The Standards Manual for Interdepartmental Regulation of Residential Facilities for Children and initial application packets for the licensure of a children's residential program in Virginia can be obtained from this office.

What programs are licensed under the Interdepartmental Regulations?
Most programs offering 24 hour residential care to children are licensed under the Interdepartmental Regulations. Psychiatric hospitals offering acute care to children do not come under these standards. Providers offering residential care in their own homes also, do not come under these standards, but would need to be approved as a foster home.

The types of programs that are licensed under these standards include:

• boot camps
• child caring institutions
• emergency shelters
• group homes
• less secure and secure detention homes
• facilities for the emotionally disturbed/mentally ill
• facilities for the mentally retarded
• juvenile correctional facilities
• pre and post dispositional group homes
• respite care facilities
• facilities for substance abusers
• schools for children with disabilities
• temporary care facilities
• wilderness programs

What is a lead regulatory agency?
A lead regulatory agency is assigned to each facility licensed under the Interdepartmental Regulation program. This agency will conduct all licensing visits and will maintain a record of all regulatory activity.

Depending on the primary focus of the residential program, the services to be provided, the qualifications of the staff, and the population to be served, the Office of Interdepartmental Regulation will consult with the four departments to determine which state agency is the most appropriate lead regulatory authority.

Can there be more than one regulatory agency assigned to a facility?
Yes, more than one agency can have regulatory authority for a facility, but one agency will be assigned as the lead agency. For example, a facility may offer temporary shelter to children who need housing on an emergency basis. This facility may also operate a school for the children who are placed in this program. In this case the Department of Social Services may be assigned as the lead regulatory agency, as the primary function of the program is to provide shelter to children on an emergency basis. The Department of Education would be named as a regulatory authority, as the facility also operates a school program. A representative from each agency would participate in the licensing visits, but the Department of Social Services, as the lead agency, would be responsible for facilitating the study and issuing the license.

What are modules?
Modules are agency specific standards that will be applied to facilities regulated by the Departments of Education; Mental Health, Mental Retardation and Substance Abuse Services; and Juvenile Justice, in addition to the Interdepartmental Regulations for Children's Residential Facilities. The Department of Social Services does not have a module.

Modules:

• Department of Education - Regulations Governing Special Education Programs for Children with Disabilities in Virginia
• Department of Mental Health, Mental Retardation and Substance Abuse Services - Mandatory Standards for Certification/Licensure for Treatment Programs for Residential Facilities for Children
• Department of Juvenile Justice - Standards for Juvenile Residential Facilities

Is funding available to help open new facilities?
The Office of Interdepartmental Regulation does not offer financial assistance to open new programs.

What is the Comprehensive Services Act?
In Virginia, CSA (The Comprehensive Services Act for At-Risk Youth and Families) governs the placement and funding for many of the children in need of residential services. 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 approves funding for children referred by the local Family Assessment and Planning Team for placement in residential care. If the funds are approved for a child's placement in a residential facility, the facility is reimbursed, usually on a monthly basis, after the child is in care. The arrangements must be made between the facility and the locality involved. Children may be placed by a local department of social services and have a social worker assigned. Some children may be in their parents' custody. Other children may be placed through referral by a local school division, community mental health service, or juvenile court services. Case managers are assigned to work with these children and their families. 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. Facilities are expected to involve families in the services planning for each child, unless the local team/placing agency gives other direction. 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.

What is the Service Fee Directory?
Providers of services to CSA children and families register in the Services Fee Directory, giving 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 at http://www.csa.state.va.us. For more information about the Comprehensive Services Act and the Service Fee Directory, please call the Office of Comprehensive Services at (804) 662-9815.

What kind of certificates and inspections will I need to receive before I can be licensed?
The Building Official
A Certificate of Use and Occupancy must be obtained for each building to be used by your program. This is obtained through the local building official in the city or county where the facility will be located. The Certificate of Use and Occupancy must be filed with the application for licensure. This document must specify that the building may be used as a group home or residential facility for children.

Zoning Requirements
Licensing regulations do not address zoning matters. Local governments administer zoning approvals, restrictions or denials. It is important to check with the zoning official in the city or county in which you wish to locate before you purchase or lease a building to ensure that zoning laws will permit the type of program you plan.

Fire Safety Inspection
An initial fire inspection must be conducted to determine compliance with the Virginia Statewide Fire Prevention Code. This inspection can often be conducted by local fire authorities, but where it can not the Office of the State Fire Marshal will inspect upon your request. In addition to the initial inspection, annual follow-up inspections will be conducted. The fire inspection report must be filed with the application for licensure

Health Inspection
We recommend that you consult with an official of the Virginia Department of Health early in the planning for your program, particularly if undertaking new construction. The health official can provide consultation that may save you time and money. Water quality, sewerage/septic provisions, and applicable food service regulations will be reviewed. The health official will conduct a site inspection for the initial licensing study and annually thereafter. The health inspection report must be filed with the application for licensure.

Will I be required to do background investigations?
Yes, you will be required to do background investigations. Please see the "background investigations" link for more detailed information regarding background investigations.

Facilities that are regulated by the Departments of Education; Mental Health, Mental Retardation and Substance Abuse Services; and Social Services must follow the procedures to conduct background investigations as outlined here.

Facilities regulated by the Department of Juvenile Justice process background investigation requests through the Department of Juvenile Justice and follow different procedures. Contact the Background Investigation Unit at Department of Juvenile Justice at (804) 786-1252 for additional information.

How long does it take for a facility to become licensed?
This depends entirely on how quickly you can prepare the application materials, write your policies and procedures, prepare record keeping forms, obtain your certificate of occupancy, complete the health and fire inspections, hire and train staff, prepare the physical location of the facility, etc. An average time frame to complete this task is from 6 to 12 months.

An application and all attachments shall be submitted at least 60 days in advance of the planned opening date. Once an application is complete, the representative 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.

Where do I begin the process to operate a children's residential facility?
It is important that you first know what the licensing requirements are for children's residential facilities. It is also 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 minimum, talk with potential referral sources such as the local CSA office or FAPT ( Family Planning and Assessment Team), department of social services, the juvenile court staff, the public school system, and area children's residential programs. Also consider demographics and service trends.

To apply for licensure of a children's residential facility in Virginia you will need to call the Office of Interdepartmental Regulation and ask for an initial application packet. You will be asked for preliminary program information to determine a lead regulatory agency. In some cases you will be asked to submit (in writing) program information including focus of the program, services to be offered, population to be served, and job descriptions.