Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 180. Regulations Governing Mental Health Services Transition Plans for Incarcerated Juveniles

6VAC35-180-100. Enhanced mental health transition planning.

A. If the resident meets the criteria set out in 6VAC35-180-30, the probation or parole officer present at the facility case review meeting shall (i) notify the responsible agency or agencies identified in the Memorandum of Understanding established pursuant to 6VAC35-180-50 and (ii) schedule a meeting, to be conducted no later than 30 days prior to the resident's anticipated release, to develop the resident's mental health services transition plan.

B. However, when a resident (i) will receive a direct discharge from the department upon attaining the age of 21 and will not be subject to adult parole supervision or (ii) will be released from a detention home that is operating a postdispositional program at age 18 or older without having been placed on probation, the meeting shall be scheduled and proceed only with the resident's documented consent and, as required by law, the consent of his parent or legal guardian.

C. The time frames designated in subsection A of this section shall be waived in the event that a judicial order for release of a resident sentenced under subdivision A 16 or A 17 of § 16.1-278.8, § 16.1-285.1 (serious offender incarcerated in a juvenile correctional center) or § 16.1-284.1 (placement in a detention home that is operating a postdispositional detention program) of the Code of Virginia makes such time frames impracticable. In such cases, review shall be completed as soon as possible, but no later than 30 days after the resident's release.

Statutory Authority

§§ 16.1-293.1 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

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