The Independent Regulatory Review Commission (IRRC) has released feedback regarding the public comments received for the proposed Chapter 3900, 3910, and 3920 regulations from the Office of Children, Youth and Families (OCYF). Concerns expressed by the IRRC closely resemble public comments submitted by RCPA, including concern regarding funding, staffing, implementation timelines, and stakeholder engagement.
Staffing Ratios
The Commission acknowledges the lack of availability for qualified staff and the potential for implementation to reduce the availability of services if providers are forced to close as a result of a lack of staff to comply with proposed ratios. RCPA’s public comments are referenced in regards to staffing, noting that the proposed regulations represent a workforce that children’s residential service providers have not been able to meet for more than a decade. The IRRC suggests that OCYF address the reasonableness and feasibility of staffing requirements if qualified individuals are not available to be hired and funding is lacking.
Fiscal and Operating Costs
The IRRC recognizes the numerous stakeholder comments regarding the fiscal and operating costs imposed on the facilities, especially for smaller facilities or facilities operating in rural areas. The Commission encourages updated stakeholder engagement to ensure that realistic costs of implementation are reflected in final form regulation.
Implementation Timeline
The Commission expresses concern regarding the short implementation timeline if the proposed regulations are promulgated, noting potential barriers for modification to programs that will be needed in order to meet compliance. The IRRC suggests a revised implementation period based on concerns raised during the public comment period.
Stakeholder Engagement
The Commission strongly encourages OCYF to engage the regulated community, stakeholders, and the General Assembly as the regulatory process moves forward, especially given stakeholder engagement regarding the regulations last occurred in 2019. They recognize the drastic shift in costs, the labor market, operational standards, and training expectations that have occurred since the last time stakeholders met to discuss the regulations.
RCPA will continue the stay engaged with both the IRRC and OCYF throughout the regulatory process to ensure that the final form regulation adequately reflect realistic funding and staffing models. Please contact
Emma Sharp with any questions or concerns.
