Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 35. Department of Behavioral Health and Developmental Services
Chapter 210. Regulations to Govern Temporary Leave from State Facilities
10/19/2020

12VAC35-210-30. General Requirements for Temporary Leave.

A. Directors of state facilities shall develop written operating policies and procedures for authorizing and implementing the following types of temporary leave from the facility:

1. Day passes for periods that do not extend overnight;

2. Home visits and trial visits for a maximum of 28 consecutive days per episode for individuals in training centers; and

3. Home visits and trial visits for a maximum of 14 consecutive days per episode for individuals in state hospitals.

B. The justification for all temporary leave shall be documented in the ISP. This documentation shall include:

1. The reason for granting the specific type of leave;

2. The benefit to the individual;

3. How the individual participated in the decision-making related to temporary leave;

4. How the leave addresses a specific outcome in the individual's ISP; and

5. The signature of the facility director or designee authorizing the temporary leave.

C. Responsible persons during leave.

1. Adults and emancipated minors receiving services in state hospitals who are granted a day pass, home visit, or trial visit may be:

a. Placed in the care of a facility licensed by the department or a responsible person; or

b. Authorized to leave the facility on their own recognizance, when, in the judgment of the individual and the facility director, this leave is appropriate.

2. Individuals in training centers and minors receiving services in any state hospital, who are granted a day pass, home visit, or trial visit, shall be placed, with the prior written consent of the AR, in the care of a facility licensed by the department or a responsible person.

D. The state facility granting a trial or home visit to an individual shall not be liable for the individual's expenses during the period of that visit. Expenses incurred by an individual during a trial visit or home visit shall be the responsibility of the person into whose care the individual is entrusted or the appropriate local department of social services of the county or city in which the individual resided at the time of his admission to the facility, as appropriate, pursuant to § 37.2-837 B of the Code of Virginia.

Statutory Authority

§ 37.2-203 of the Code of Virginia.

Historical Notes

Derived from Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 35, Issue 10, eff. February 21, 2019.

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