Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 771 - ADULT SERVICES APPROVED PROVIDERS
Section 22VAC40-771-50 - Standards for the home of the adult foster care or adult day services provider
Universal Citation: 2 VA Admin Code 40-771-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. Physical accommodations requirements include:
1. The home shall have appropriate space and
furnishings for each adult receiving care in the home to include:
a. Space to keep clothing and other personal
belongings;
b. Accessible and
adequate basin and toilet facilities;
c. Comfortable sleeping or napping
furnishings;
d. For adults unable
to use stairs unassisted, sleeping space on the first floor of the
home;
e. Adequate space for
recreational activities; and
f.
Sufficient space and equipment for food preparation, service, and proper
storage.
2. All rooms
used by adults shall be heated in winter, dry, and well-ventilated.
3. All doors and windows used for ventilation
shall be appropriately screened.
4.
Rooms used by adults in care shall have adequate lighting for activities and
the comfort of adults.
5. The
provider and any adult in care shall have access to a working telephone in the
home.
6. The home shall be in
compliance with all local ordinances.
7. Additional standards for adult foster care
include:
a. No more than two adults shall
share a sleeping room unless they request and consent to sharing such a
sleeping arrangement.
b. There
shall be space in the household for privacy outside of the sleeping rooms for
the adult to entertain visitors and talk privately.
B. Home safety requirements include:
1. The home and grounds shall be free
from litter and debris and present no hazard to the safety of the adults
receiving care.
2. The provider
shall permit a fire inspection of the home by appropriate authorities if
conditions indicate a need for approval and the local department requests
it.
3. The provider shall have a
written emergency plan that includes, but is not limited to, fire or natural
disaster and rehearse the plan at least twice a year. The provider shall review
the plan with each new adult placed in the home.
4. Attics or basements used by adults in care
shall have two emergency exits. One of the emergency exits shall lead directly
outside and may be a door or an escapable window.
5. Possession of any weapons, including
firearms, in the home shall be in compliance with federal, state, and local
laws and ordinances. The provider shall store all weapons, firearms, and
ammunition in a locked cabinet with safety mechanisms activated. The key or
combination to the cabinet shall not be accessible to the adult in care. Any
glass cabinets used to store any weapons, including firearms, shall be
shatterproof.
6. The provider shall
protect adults from household pets that may be a health or safety hazard.
Household pets shall be inoculated as required by state or local ordinances.
Documentation of inoculations shall be made available upon local department
request.
7. The provider shall keep
cleaning supplies and other toxic substances stored away from food and out of
the reach of adults in care who are mentally incapacitated.
8. The provider shall provide and maintain at
least one approved, properly installed, and operable battery-operated smoke
detector, at a minimum, in each sleeping area and on each additional floor.
Existing installations that have been approved by the state or local fire
marshal are exempted from this requirement.
C. Sanitation requirements include:
1. The provider shall permit an inspection of
the home's private water supply and sewage disposal system by the local health
department if conditions indicate a need for approval and the local department
requests it.
2. The home and
grounds shall be free of garbage, debris, insects, and rodents that would
present a hazard to the health of the adult in care.
D. Capacity standards include:
1. The provider shall not exceed the maximum
allowable capacity for the type of care provided and approved by the local
department.
2. The adult day
services provider shall not accept more than three adults in the home at any
one time. A provider who has more than three adults receiving day services
shall be licensed by the department.
3. The adult foster care provider shall not
accept more than three adults for the purpose of receiving room, board,
supervision, or special services, regardless of relationship of any adult to
the provider. A provider who accepts more than three adults for these purposes
shall be licensed as an assisted living facility by the department.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and 63.2-1601.1 of the Code of Virginia.
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