6209.1 An applicant for an original annual license for a youth residential facility shall submit an application on a form available from the applicable licensing agency.

6209.2 The applicant shall file the following materials with the application for an original annual license:

1. (a) A statement of the ownership of the facility, including the names and addresses of all owners or, in the case of corporations, both profit and non-profit, the officers and board members;
2. (b) Copies of all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District of Columbia;
3. (c) A projected one year operating budget, and documentation of sufficient funds for at least three (3) months;
4. (d) Financial statements (including without limitation cash flow statement, income statement, and balance sheet), audited or unaudited, prepared in accordance with generally accepted accounting principles for each of the immediately preceding two (2) years, or the duration of the applicant's existence, whichever is shorter;
5. (e) Certificates of insurance required under § 6221;
6. (f) A plan for satisfying the requirements of the District of Columbia Fire Prevention Code Supplement, Title 12D District of Columbia Municipal Regulations (DCMR), including a fire evacuation plan and exit drills;
7. (g) A description of the intended staffing of the facility that will ensure coverage on a twenty-four (24) hour per day, seven (7) day per week basis including availability of emergency on-call staff and job descriptions and qualifications for all intended staff;
8. (h) A written procedure for reporting abuse, neglect and other risks to residents' health or safety;
9. (i) A plan for meeting the emergency medical needs of the residents and evidence of access to emergency mental health services for residents;
10. (j) Documentation establishing that all prospective and existing staff have undergone a criminal records check;
11. (k) Documentation establishing that all prospective and existing staff have undergone a child protection register check;
12. (l) Documentation establishing that all prospective and existing staff have undergone medical examinations, including a physician's opinion concerning the prospective or existing staff member's general physical condition, freedom from disease in a communicable form, and ability to work closely with or care for children without danger to the children; and
13. (m) Documentation establishing that all prospective and existing staff have undergone drug and alcohol testing.
14. (n) A list of other youth residential facilities the applicant presently operates or operated

within the past three (3) years.

(o) A detailed statement identifying, describing, and summarizing the current status of all court and administrative proceedings involving or relating to the applicant, the applicant's staff, youth residential facilities the applicant operates or ever operated, staff of youth residential facilities the applicant operates or ever operated, facilities in other jurisdictions that the applicant operates or ever operated and that is or was functionally similar to a youth residential facility, and staff of facilities in other jurisdictions that the applicant operates or ever operated and that is or was functionally similar to a youth residential facility.

(p) A detailed statement identifying, describing, and summarizing the current status of all corrective actions, fines and penalties presently or previously imposed against the applicant, the applicant's staff, youth residential facilities the applicant operates or ever operated, staff of youth residential facilities the applicant operates or ever operated, facilities in other jurisdictions that the applicant operates or ever operated and that is or was functionally similar to a youth residential facility, and staff of facilities in other jurisdictions that the applicant operates or ever operated and that is or was functionally similar to a youth residential facility.

6209.3 An applicant for an original annual license shall accompany the application with an outline of the facility's plan to comply with the requirements set forth in this Chapter concerning the following:

(a) Continuing care, emergency care, therapeutic care, and aftercare;

(b) Educational, medical, rehabilitative, and mental health services, recreational activities, parental and family involvement, the use of discipline and restraint, and the prevention of abuse;

(c) The ratio of staff to residents (excluding volunteers and staff not providing direct care and supervision of residents), caregiver qualifications, and ongoing staff training;

(d) Resident nutrition and hygiene;

(e) Confidentiality and privacy with respect to a resident's person, property, living quarters, case records, and subjection to searches for contraband;

(f) Safety and sanitation with respect to all parts of the facility and grounds, fire protection and prevention, first aid, and the facility's electrical, heating, cooling, ventilation, and water systems;

(g) Environment, structure, and architecture; and

(h) Resident admissions and discharges, operating procedures, fiscal management, complaint investigation and review, quality assurance, recordkeeping and reporting.

6209.4 The applicable licensing agency shall review the information provided pursuant to §§ 6209.2 and 6209.3, the sanitary and environmental inspection and fire inspection reports of the facility required under § 6207.2, and the on-site inspection report of the facility required under § 6207.3, and either grant or deny an application for an original annual license within ninety (90) days of receiving the information required by §§ 6209.2 and 6209.3. If the applicable licensing agency denies the facility's application for an original annual license, the applicable licensing agency may issue the facility a provisional license.

6209.5 The applicable licensing agency shall notify the applicant in writing of the decision to grant or

deny an original annual license application, including a statement of the grounds for the decision and notification of the facility's right to a fair hearing in accordance with 29 DCMR Chapter 59.

6209.6 If the licensing agency denies an application for an original annual license and issues the facility a provisional license, and the licensing agency determines that the owner of the provisional license satisfies the requirements of an annual license, the applicable licensing agency shall issue the facility an original annual license.

6209.7 Upon approval of an application for an original annual license, the applicable licensing agency shall mail the applicant a license that sets forth the conditions under which the facility may operate.

SOURCE: Final Rulemaking published at 48 DCR 8675, 8687 (September 21, 2001).