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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
8/7/2022

6VAC35-180-70. Timing and purpose of the facility case review.

A. In the event that the resident is indeterminately committed to the department, is committed to the department as a serious offender for less than 24 months, or is placed in a detention home that is operating a postdispositional detention program, then at least 90 days before a resident's scheduled release from a facility, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for the enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30.

B. In the event that the resident is committed to the department as a serious offender for 24 months or greater, then at least 90 days before the second anniversary of that resident's commitment, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30. The resident's case shall be reviewed annually thereafter for determination of whether the resident continues to be identified as having a recognized mental health, substance abuse, or other therapeutic treatment need and continues to qualify for mental health services transition planning.

C. In addition to an assessment of the criteria set forth in 6VAC35-180-30, the facility case review shall address the continuing needs of the resident, family involvement, the resident's progress towards discharge, and the anticipated release date.

D. The time frames designated in subsections A and B of this section may 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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