Documents Incorporated by Reference (6VAC35-150)

Chapter 150. Regulation for Nonresidential Services

Part I
General Provisions

6VAC35-150-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Adult" means a person 18 years of age or older who is not a delinquent child as defined in § 16.1-228 of the Code of Virginia.

"Agency" means any governmental entity of the Commonwealth or any unit of local government including counties, cities, towns, and regional governments and the departments thereof, and including any entity, whether public or private, with which any of the foregoing has entered into a contractual relationship for the provision of services as described in this chapter.

"Alternative day services" or "structured day treatment" means nonresidential programs that provide services, which may include counseling, supervision, recreation, prevocational services, and education, to juveniles at a central facility.

"Approved procedures" means (i) procedures issued by the Department of Juvenile Justice, which apply to all state-operated court service units and which may be voluntarily observed by locally operated court service units; or (ii) modifications to the procedures approved by the director or his designee; or (iii) procedures for locally operated court service units approved in accordance with local procedures.

"Behavior management" means those principles and methods employed to help a juvenile achieve positive behavior and to address and correct a juvenile's inappropriate behavior in a constructive and safe manner, in accordance with written procedures governing program expectations, treatment goals, juvenile and staff safety and security, and the juvenile's individual service plan .

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information regarding an individual and the individual's family, if applicable, that is maintained in accordance with approved procedures.

"Court service unit," "CSU," or "unit" means a state or locally operated court service unit established pursuant to §§ 16.1-233 and 16.1-235 of the Code of Virginia.

"Department" means the Department of Juvenile Justice.

"Direct care" means the time during which a resident, who is committed to the department pursuant to §§ 16.1-272, 16.1-285.1, or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia, is under the supervision of staff in a juvenile correctional center or other juvenile residential facility operated by or under contract with the department.

"Diversion" means the provision of counseling, informal supervision, programs, or services, or a combination thereof, which is consistent with the protection of the public safety and the welfare of the juvenile as provided for in §§ 16.1-227 and 16.1-260 of the Code of Virginia.

"Electronic monitoring" means the use of electronic devices, including, but not limited to, voice recognition and global positioning systems, to verify a juvenile's or adult's compliance with certain judicial orders or conditions of release from incarceration, as an alternative to detention, or as a short-term sanction for noncompliance with rules of probation or parole.

"Human research" means any systematic investigation using human subjects as defined by § 32.1-162.16 of the Code of Virginia and 6VAC35-170. Human research shall not include research prohibited by state and federal statutes or regulations or research exempt from federal regulations or mandated by any applicable statutes or regulations.

"Individual service plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or an adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Individual supervision plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan. Individual supervision plans are applicable during probation and parole and for treatment of a juvenile or an adult and the services for the juvenile's family for the time during which a juvenile is committed to the department.

"Intake" means the process for screening complaints and requests alleged to be within the jurisdiction of the juvenile and domestic relations district court pursuant to § 16.1-260 of the Code of Virginia.

"Intake officer" means the probation officer who is authorized to perform the intake function as provided in § 16.1-260 of the Code of Virginia.

"Juvenile" means an individual less than 18 years of age, a delinquent child, a child in need of supervision, or a child in need of services as defined in § 16.1-228 of the Code of Virginia. For the purpose of this regulation, "juvenile" includes an individual, regardless of age, who is or has been before the court, who was under the age of 18 at the time of the offense or act, who is under supervision or receiving services from a court service unit or a program under contract with or monitored by the unit, or who is committed to the department.

"Mechanical restraint" means the use of a mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of a person's body as a means to control physical activity when the individual being restricted does not have the ability to remove the device.

"Outreach detention" means intensive supervision, which includes frequent contacts, strict monitoring of behavior, and case management, if applicable, of a juvenile as an alternative to placement in secure detention or shelter care.

"Parole" means supervision of a juvenile released from commitment to the department as provided for by §§ 16.1-285, 16.1-285.1, and 16.1-285.2 of the Code of Virginia.

"Physical restraint" means the application of behavior intervention techniques by trained program staff that involves a physical intervention to prevent the individual from moving that individual's body.

"Probation" means a court-ordered disposition of a juvenile or an adult as provided by §§ 16.1-278.5 B 2, 16.1-278.8 A 5, 16.1-278.8 A 7, and 16.1-278.8 A 7 a.

"Provider" means a person, corporation, partnership, association, organization, or public agency that is legally responsible for compliance with regulatory and statutory requirements relating to the provision of services or the functioning of a program.

"Supervision" means visiting or making other contact with or providing treatment, rehabilitation, or services to a juvenile as required by the court, by an intake officer, or for probation or parole purposes.

"Tamper" means any purposeful alteration to electronic monitoring equipment that interferes with or weakens the monitoring system.

"Time-out" means a systematic behavior management technique program component designed to reduce or eliminate inappropriate or problematic behavior by having staff require a juvenile to move to a specific location that is away from the source of reinforcement for a specific period of time or until the problem behavior has subsided.

"Variance" means a board action that relieves a program from having to meet or develop a plan of action for the requirements of a section or subsection of this chapter.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides services without competitive compensation.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-20. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-30. Applicability.

A. Parts I (6VAC35-150-10 et seq.) and II (6VAC35-150-55 et seq.) of this chapter apply to all CSUs for juvenile and domestic relations district courts.

B. Parts I (6VAC35-150-10 et seq.) and III (6VAC35-150-425 et seq.) of this chapter apply to nonresidential programs and services (i) for which the CSU contracts or (ii) are included in a local "Virginia Juvenile Community Crime Control Act" plan.

C. Part III of this chapter also applies to applicable programs and services operated by or contracted with a CSU.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-35. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-40. Variances.

A variance may be requested by a program administrator or service provider when conditions exist where the program or service provider is not able to comply with a section or subsection of this chapter. Any such request must meet the criteria and comply with the procedural requirements provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs, 6VAC35-20, and in accordance with approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-50. Licensure by other agencies.

A current license or certificate issued by the Commonwealth shall be accepted as evidence of a program's compliance with one or more specific standards of this chapter when the requirements for licensure or certification are substantially the same as, or exceed, the requirements set out in this chapter.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-55. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Part II
Operating Standards for Court Service Units

Article 1
Administration

6VAC35-150-60. Organizational structure.

There shall be a written description and organizational chart of the unit showing current lines of authority, responsibility, and accountability, including the unit director's reporting responsibility.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-62. Suitable quarters.

A. The CSU director annually shall review the unit's needs for suitable quarters, utilities, and furnishings and shall request from the appropriate governing body the resources to meet these needs.

B. Intake, probation, and parole officers shall have access to private office space.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-64. Prohibited financial transactions.

The unit shall not collect or disburse support payments, fines, restitution, court fees, or court costs.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-66. Procedures for handling funds.

The unit director shall establish written procedures for handling any ongoing unit employee fund established and maintained by the employees that is derived from employee contributions, the operation of vending machines, special fundraising projects, or other employee canteen services, that utilizes the name of the unit or the department, or that the unit approves the obtaining of or obtains a tax identification number for such funds. Any such funds are not state funds and shall not be commingled in any way with state funds. The department's tax identification number shall not be used for such funds.

Statutory Authority

§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-70. (Repealed.)

Historical Notes

6VAC35-150-80. Background checks.

A. Except as provided in subsection C of this section, all persons who (i) accept a position of employment, (ii) volunteer on a regular basis or are interns and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties in a CSU, or as required by 6VAC35-150-430 C, shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A criminal history record check;

3. A fingerprint check with (i) the Virginia State Police (VSP) and (ii) the Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services (CPS); and

5. A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision 3 of this subsection have been requested, unit staff may be hired pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results, as required by subdivision A 3 of this section; and

3. Staff hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. The unit, program, or service provider shall have procedures for supervising nonstaff persons, who are not subject to the provisions of subsection A of this section, who have contact with juveniles.

D. Subsection A of this section shall apply to programs to which the CSU refers juveniles who are before the court or before an intake officer, including, but not limited to, programs included in a local Virginia Juvenile Community Crime Control Act plan. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals or programs licensed or regulated by other state agencies, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-90. Training.

A. All employees, volunteers , and interns shall receive documented orientation appropriate to their duties and to address any needs identified by the individual and the supervisor.

B. All employees shall receive ongoing training and development appropriate to their duties and to address any needs identified by the individual and the supervisor, if applicable.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-100. Personnel and operating procedures.

All staff shall have access to approved procedures governing:

1. Recruitment and selection;

2. Grievance and appeal;

3. Confidential individual employee personnel records;

4. Discipline;

5. Equal employment opportunity;

6. Leave and benefits;

7. Resignations and terminations;

8. Orientation;

9. Promotion;

10. Probationary period; and

11. Competitive salary.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-110. Volunteers and interns.

A. For every volunteer and intern, the unit shall maintain a current description of duties and responsibilities and a list of the minimum required qualifications;

B. Volunteers and interns shall comply with all applicable regulations, policies, and approved procedures;

C. One or more designated persons shall coordinate volunteer services and internships; and

D. Volunteers and interns shall be registered with the department.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-120. Reportable incidents.

When an event or incident occurs that is required by department procedures to be reported, staff shall report the event or incident as required by and in accordance with department procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-130. Research.

A. Juveniles shall not be used as subjects of human research, except as provided in 6VAC35-170 and in accord with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. The testing of medicines or drugs for experimentation or research is prohibited.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-140. Records management.

A. Case records shall be indexed and kept up to date and uniformly in content and arrangement in accordance with approved procedures.

B. Case records shall be kept in a secure location accessible only to authorized staff.

C. All case records shall be maintained and disposed of in accordance with The Library of Virginia regulations and record retention schedules and with approved procedures.

D. Any disclosure or release of information shall be in accordance with the Code of Virginia and applicable federal statutes and regulations and approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-160. (Repealed.)

Historical Notes

6VAC35-150-165. (Repealed.)

Historical Notes

6VAC35-150-170. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-175. (Repealed.)

Historical Notes

6VAC35-150-180. (Repealed.)

Historical Notes

6VAC35-150-190. (Repealed.)

Historical Notes

Article 2
Security and Safety

6VAC35-150-200. Safety and security procedures.

In accordance with approved procedures, the unit shall implement:

1. Safety and security practices for the office environment to include at least fire, bomb threat, natural disasters, and hostage and medical emergency situations;

2. Safety and security practices for staff making field visits to juveniles and their families; and

3. Training on appropriate crisis prevention and intervention techniques for the office and the field that staff may use to respond to behavior that poses a risk to the safety of themselves or others.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-210. Physical force.

A. Physical force shall be used only as a last resort and shall never be used as punishment. Staff shall use only the minimum force deemed reasonable and necessary to eliminate the imminent risk to the safety of themselves or others.

B. Each use of physical force shall be reported in writing to the CSU director, who shall ensure that all reportable incidents are further reported in accordance with the department's procedures for reporting serious incidents.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-220. Searches.

Searches of an individual's person and immediate area may be conducted only in accordance with approved procedures, with all applicable state and federal statutes and regulations, and with the Virginia and United States constitutions. Only staff who have received training approved by the department shall conduct searches.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-230. Weapons.

A. A probation officer may obtain authorization to carry a weapon as provided by § 16.1-237 of the Code of Virginia only in accordance with approved procedures that require at least: (i) firearms safety training, (ii) a psychological or mental health assessment, (iii) approval by the CSU director, and (iv) approval by the unit director's supervisor.

B. All CSU staff authorized to carry weapons shall have received training and retraining, in accordance with approved procedures, which shall include the limited circumstances when weapons may be carried and used as required by law and liability insurance coverage.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-240. Arrest of juvenile by staff.

Probation officers shall exercise their arrest powers in accordance with approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-250. Absconders.

Unit staff shall cooperate with department personnel and state and local law-enforcement authorities to help locate and recover juveniles who violate the conditions of their probation or parole supervision and upon whom a detention order has been issued or who escape or run away from a juvenile correctional center, detention home, or other juvenile placement.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-260. Transportation of detained juveniles.

Detained juveniles shall be transported in accord with "Guidelines for Transporting Juveniles in Detention" (September 2004) issued by the board in accord with § 16.1-254 of the Code of Virginia.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 3
Intake

6VAC35-150-270. Intake duties.

A. When making an intake determination as provided for by § 16.1-260 of the Code of Virginia, whether in person or by telephone or interactive video conferencing, the intake officer shall, in accordance with approved procedures:

1. Explain the steps and options in the intake process to each person present as provided for in approved procedures;

2. Make all required data entries into the department's electronic data collection system in accordance with § 16.1-224 of the Code of Virginia and approved procedures;

3. Consult with available parents, guardians, legal custodian, or other person standing in loco parentis to determine the appropriate placement; and

4. Notify the juvenile's parents, guardians, legal custodian, or other person standing in loco parentis in cases involving the juvenile's detention.

B. When making a detention decision pursuant to § 16.1-248.1 of the Code of Virginia and when making recommendations to the court at a detention hearing pursuant to § 16.1-250 of the Code of Virginia, CSU personnel shall make use of the uniform risk assessment instrument and related procedure mandated by Chapter 648 of the 2002 Acts of Assembly.

C. When the chief judge in a jurisdiction requests the provision of a replacement intake officer pursuant to § 16.1-235.1 of the Code of Virginia, the CSU shall enter into a written agreement with the requesting court that shall address, at a minimum, the scope of the intake duties, the location where intake cases will be processed, and the protocol for arranging any required face-to-face contact between the intake officer and juvenile.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-280. Medical and psychiatric emergencies at intake.

If during the intake interview, the intake officer suspects that the juvenile requires emergency medical or psychiatric care, the intake officer shall:

1. Immediately contact the juvenile's parents or legal guardians to advise them of the emergency and any responsibilities they may have; and

2. Before placing a juvenile in a more restrictive setting, the intake officer shall arrange for the juvenile to receive the needed emergency care.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-290. Intake communication with detention.

When CSU staff facilitate the placement of a juvenile in detention, they shall give detention staff, by telephone, in writing, or by electronic means, no later than the time the juvenile arrives at the detention facility, the reason for detention and the offenses for which the juvenile is being detained including any ancillary offenses. CSU staff shall also give detention staff the following information when available and applicable: medical information; parents' or guardians' names, addresses and phone numbers; prior record as regards sexual offenses, violence against persons or arson; suicide attempts or self-injurious behaviors; gang membership and affiliation; and any other information as required by approved procedure.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 4
Out-of-Home Placements

6VAC35-150-300. Predispositionally placed juvenile.

A. In accordance with approved procedures, a representative of the CSU shall make contact, either face-to-face or via videoconferencing, with each juvenile placed in predispositional detention, jail, or shelter care pursuant to § 16.1-248.1 of the Code of Virginia, within five days of the placement . A representative of the CSU shall make contact with the juvenile at least once every 10 days thereafter either face-to-face or by telephone or videoconferencing. All such contacts shall include direct communication between the CSU staff and the juvenile.

B. The case of each predispositionally placed juvenile shall be reviewed at least every 10 days in accordance with approved procedures to determine whether there has been a material change sufficient to warrant recommending a change in placement.

C. When the unit is the placing agency and is supervising a juvenile in a residential facility, designated staff of the CSU shall be available to the facility's staff 24 hours a day in case of emergency.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-310. Postdispositional detention.

A. When a court orders a juvenile to be detained postdispositionally for more than 30 days pursuant to subsection B of § 16.1-284.1 of the Code of Virginia, the CSU staff shall develop a written plan with the facility to enable such juvenile to take part in one or more community treatment programs appropriate for that juvenile's rehabilitation, which may be provided at the facility or while the juvenile is on temporary release status, as determined by that juvenile's risk to public safety and other relevant factors. The CSU shall provide a copy of the juvenile's social history to the postdispositional detention program upon request.

B. The case record of a juvenile placed in a postdispositional detention program pursuant to subsection B of § 16.1-284.1 of the Code of Virginia shall contain:

1. Social history;

2. Court order;

3. Reason for placement; and

4. Current supervision plan, if applicable.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-320. Notice of juvenile's transfer.

When CSU staff have knowledge that a juvenile has been moved from one residential facility to another residential facility and do not have knowledge that the juvenile's parents or legal guardians have been advised of the transfer, CSU staff shall notify the juvenile's parents or legal guardians within 24 hours and shall document the notification in the juvenile's case record.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-330. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Volume 27, Issue 12, eff. July 1, 2011.

Article 5
Probation, Parole, and Other Supervision

6VAC35-150-335. Diversion.

A. When an intake officer proceeds with diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, such supervision shall not exceed 120 days.

B. When a new complaint is filed against a juvenile who is currently under supervision in accordance with subsection A of this section, and the juvenile qualifies for diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, then the intake officer may proceed with diversion for an additional 120 days from the date of the subsequent complaint.

C. In no case shall a petition be filed by the CSU based on acts or offenses in the original complaint after 120 days from the date of the initial referral on the original complaint.

Statutory Authority

§§ 16.1-233, 16.1-309.2, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011; Volume 37, Issue 26, eff. October 1, 2021.

6VAC35-150-336. Social histories.

A. A social history shall be prepared in accordance with approved procedures (i) when ordered by the court, (ii) for each juvenile placed on probation supervision with the unit, (iii) for each juvenile committed to the department, (iv) for each juvenile placed in a postdispositional detention program for more than 30 days pursuant to § 16.1-284.1 of the Code of Virginia, or (v) upon written request from another unit when accompanied by a court order. Social history reports shall include the following information:

1. Identifying and demographic information on the juvenile;

2. Current offense and prior court involvement;

3. Social, medical, psychological, and educational information about the juvenile;

4. Information about the family; and

5. Dispositional recommendations, if permitted by the court.

B. An existing social history that is less than 12 months old may be used provided an addendum is prepared updating all changed information. A new social history shall be prepared as required in subsection A of this section or when ordered by the court if the existing social history is more than 12 months old.

C. Social history reports on adults may be modified as provided for in procedures approved by the CSU director after consultation with the judge or judges of the court.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-340. Beginning supervision.

Within the time frames established by approved procedures for beginning supervision, a probation or parole officer shall:

1. See the juvenile face-to-face;

2. Give the juvenile the written rules of supervision, including any special conditions, and explain these to the juvenile and, when appropriate, to the juvenile's parents or guardians; and

3. Document these actions in the case record.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-350. Supervision plans for juveniles.

A. To provide for the public safety and address the needs of a juvenile and that juvenile's family, a juvenile shall be supervised according to a written individual supervision plan, developed in accordance with approved procedures and time frames, that describes the range and nature of field and office contact with the juvenile, with the parents or guardians of the juvenile, and with other agencies or providers providing treatment or services.

B. In accordance with approved procedures, each written individual supervision plan shall be reviewed (i) with the juvenile and the juvenile's family, and (ii) by a supervisor from both a treatment and a case management perspective to confirm the appropriateness of the plan.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-355. Supervision of juvenile on electronic monitoring.

When a unit places a juvenile in an electronic monitoring program, use of the program shall be governed by approved procedures that shall provide for criteria for placement in the program, parental involvement, required contacts, consequences for tampering with and violating program requirements, and time limits.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-360. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-365. Supervision of adult on probation.

For an adult convicted of a criminal act for which the juvenile court retained jurisdiction pursuant to § 16.1-241 of the Code of Virginia and the juvenile court does not order specific conditions of supervision, a supervision plan for the adult probationer shall be prepared within 30 days of the disposition. The adult and that adult's family, if appropriate, must be consulted in development of the supervision plan.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July, 1, 2011.

6VAC35-150-370. (Repealed.)

Historical Notes

6VAC35-150-380. Violation of probation or parole.

When a probationer or parolee violates the conditions of the individual's probation or parole, unit personnel shall take action in accordance with approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-390. Transfer of case supervision.

A. When the legal residence of an individual under the supervision of a CSU is not within the jurisdiction of the original CSU, the supervision of the case may be transferred to another unit in Virginia in accordance with § 16.1-295 of the Code of Virginia and approved procedures.

B. When transferring or receiving supervision of a juvenile on probation or parole to or from another state, CSU staff shall do so in accordance with the Interstate Compact Relating to Juveniles, Article 14 (§ 16.1-323 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-400. Notice of release from supervision.

Notice of release from supervision shall be given in writing to the individual under the supervision of a CSU and to the parents or guardians of juveniles. Such notification shall be appropriately documented in the case record in accordance with approved procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 6
Juvenile in Direct Care

6VAC35-150-410. Commitment information.

A. When a juvenile is committed to the department, the juvenile may not be transported to the Reception and Diagnostic Center (RDC) until (i) the items and information required by the Code of Virginia and approved procedures have been received by RDC and (ii) the case is accepted by RDC.

B. If a juvenile is transported to the department directly from the court, in addition to ensuring the immediate delivery of the items required in subsection A of this section, unit staff shall immediately notify RDC by telephone of the juvenile's impending arrival.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-415. Supervision of juvenile in direct care.

For a juvenile placed in direct care, the probation or parole officer shall, in accordance with approved procedures, do the following:

1. Develop and implement a family involvement plan.

2. Develop a parole supervision plan.

a. For a juvenile indeterminately committed to the department pursuant to §§ 16.1-272 and 16.1-278.8 A 14 of the Code of Virginia, CSU staff shall complete a parole supervision plan in accordance with approved procedure.

b. For a juvenile determinately committed to the department pursuant to §§ 16.1-272, 16.1-278.8 A 17, or 16.1-285.1 of the Code of Virginia, a parole supervision plan shall be prepared for all serious offender judicial review hearings as required by law and in accordance with approved procedures.

3. Send a report on the family's progress toward planned goals of the family involvement plan to the facility at which the juvenile is housed.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-420. Contacts during juvenile's commitment.

During the period of a juvenile's commitment, a designated staff person shall make contact with the committed juvenile, the juvenile's parents, guardians, or other custodians, and the treatment staff at the juvenile's direct care placement as required by approved procedures. The procedures shall specify when contact must be face-to-face contact and when contacts may be made by videoconferencing or by telephone.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Part III
Programs and Services

Article 1
General Requirements

6VAC35-150-425. Applicability of Part III.

A. This part applies to programs and services for which the department or CSU contracts or which provides programs and services through a local Virginia Juvenile Community Crime Control Act plan pursuant to § 16.1-309.3 of the Code of Virginia.

B. Alternative day treatment and structured day programs are subject to the provisions in Article 1 and Article 2 of this part. The provisions for alternative day treatment and structured day programs in Article 2 (6VAC35-150-615 et seq.) of this part also apply to those programs and services that are operated by a CSU.

C. Each program or service provider shall be responsible for adopting written procedures necessary to implement and for compliance with all applicable requirements of 6VAC35-150-430 through 6VAC35-150-740.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-427. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-430. Program and service provider requirements.

A. Each program and service provider shall have a written statement of its:

1. Purpose;

2. Population served;

3. Criteria for admission;

4. Criteria for measuring a juvenile's progress;

5. Supervision or treatment objectives;

6. Intake and acceptance procedures, including whether a social history or diagnostic testing is required;

7. General rules of juvenile conduct and the behavior management system with specific expectations for behavior and appropriate incentives and sanctions, which shall be made available to juveniles and parents upon acceptance into the program;

8. Criteria and procedures for terminating services, including terminations prior to the juvenile's successful completion of the program;

9. Methods and criteria for evaluating program or service effectiveness;

10. Drug-free workplace policy; and

11. Procedures regarding contacts with the news media.

B. The department administration shall be notified in writing of any plan to change any of the elements listed in subsection A of this section.

C. Each program or service provider shall conduct background checks in accordance with 6VAC35-150-80, or ensure that such background checks are conducted, on all individuals who provide services to juveniles under the contract as required by subsection A of 6VAC35-150-80;

D. Those programs and service providers providing crisis intervention services, including, but not limited to, outreach detention, mental health counseling or treatment, and home-based counseling services, shall provide for responding 24 hours a day to a juvenile's crisis and shall provide notification to all juveniles in writing on how to access these services at any time.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-435. Contracted services.

The standard of services provided by contractual and subcontractual vendors shall not be less than those required by this chapter.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-440. (Repealed.)

Historical Notes

6VAC35-150-450. Limitation of contact with juveniles.

When there are indications that an individual who is providing programs or services poses a direct threat to the health and safety of a juvenile, others at the program, or the public, the program administrator, or department personnel shall immediately require that the individual be removed from contact with juveniles until the situation is abated or resolved.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-460. Personnel qualifications for program and service providers.

A. Program staff and service providers shall have a job description stating qualifications and duties for the position to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed or certified or be supervised by an appropriately licensed or certified person as required by applicable statutes and regulations.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-470. Medical emergencies.

The program or service provider shall have written procedures to deal with medical emergencies that may occur while a juvenile is in attendance at the program.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-480. Financial record requirements for program and service providers.

All programs and service providers shall:

1. Manage their finances in accordance with generally accepted accounting principles;

2. Certify that all funds were handled in accord with the applicable Virginia Juvenile Community Crime Control Act plan, contract, or other agreement; and

3. Be subject to independent audit or examination by department personnel at the department's discretion.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-490. Juveniles' rights.

A. Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, religion, sex, physical disability, or sexual orientation.

B. Juveniles shall not be subjected to:

1. Deprivation of drinking water or food necessary to meet daily nutritional needs except as ordered by a licensed physician for a legitimate medical purpose and documented in the juvenile's record;

2. Any action that is humiliating, degrading, or abusive;

3. Corporal punishment;

4. Unsanitary conditions;

5. Deprivation of access to toilet facilities; or

6. Confinement in a room with the door so secured that the juvenile cannot open it.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-500. Juvenile participation in research.

The program or service provider shall have written procedures complying with the applicable research provisions in 6VAC35-150-130.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-510. Case management requirements for program and service providers.

A. For each juvenile, a separate case record shall be kept up to date and in a uniform manner.

B. The juvenile case record shall always contain:

1. Current identifying and demographic information on the juvenile;

2. Court order, placement agreement, or service agreement;

3. Rules imposed by the judge or the probation or parole officer, if applicable; and

4. Dates of acceptance and release.

C. Programs and services that provide counseling, treatment, or supervision shall:

1. Develop an individual service plan for each juvenile that shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the individual service plan information to the supervising probation or parole officer, when applicable;

3. Document all contacts with the juvenile, the juvenile's family, and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-520. Confidentiality of records.

Juveniles' records shall be kept confidential in accordance with applicable laws and regulations.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-530. Incident documentation and reporting for program and service providers.

When an event or incident occurs that is required by department procedures to be reported, the program or service shall document and report the event or incident as required by and in accordance with department procedures.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-540. Child abuse and neglect.

When there is a reason to suspect that a child is an abused or neglected child, the program or service provider shall report the matter immediately to the local department of social services as required by Article 2 (§ 63.2-1508 et seq.) of Title 63.2 of the Code of Virginia and shall be documented in the juvenile's record.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-550. Physical setting.

A. Each program that provides services to juveniles or their families within or at the program's office or place of operation shall comply with all applicable building, fire, sanitation, zoning and other federal, state, and local standards and shall have premises liability insurance.

B. The inside and outside of all buildings shall be kept clean, in good repair, and free of rubbish.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-570. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-575. Physical and mechanical restraints and chemical agents in programs and services..

A. Only staff who have received department-approved training may apply physical restraint and only as a last resort, after less restrictive behavior intervention techniques have failed, to control residents whose behavior poses a risk to the safety of the resident, others, or the public, or to avoid extreme destruction of property.

1. Staff shall use the least force necessary to eliminate the risk and shall never use physical restraint as punishment or with intent to inflict injury.

2. The application of physical restraint shall be fully documented in the juvenile's record, including the (i) date and time of the incident, (ii) staff involved, (iii) justification for the restraint, (iv) less restrictive interventions that were unsuccessfully attempted prior to or harm that would have resulted without using physical restraint, (v) duration, (vi) method and extent of any physical restraint techniques used, (vii) signature of the person completing the report, and (viii) reviewer's signature and date.

3. Staff whose job responsibilities include applying physical restraint techniques, when necessary, shall receive training sufficient to maintain a current certification for the administration of the physical restraints.

B. Mechanical restraints, except in electronic monitoring and outreach detention programs, shall not be used for behavior management purposes.

C. Chemical agents, such as pepper spray, shall not be used by staff for behavior management purposes.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-580. Emergencies and safety in juveniles' homes.

Programs that provide services in juveniles' homes shall:

1. Prescribe safety measures for staff making field visits; and

2. Provide for actions for staff to take in the event of:

a. Domestic violence;

b. Severe injury;

c. Threats and violence against staff; and

d. Absence of life sustaining resources such as food or fuel.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997.

6VAC35-150-590. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-600. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-610. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Article 2
Alternative Day Treatment and Structured Day Programs

6VAC35-150-615. Applicability of Part III, Article 2.

The following provisions apply to alternative day treatment and structured day treatment programs, including those operated by CSUs. All applicable provisions for the general requirements for programs set forth in Article 1 (6VAC35-150-425 et seq.) of this part also apply to alternative day treatment and structured day treatment programs.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-620. Supervision of juveniles in alternative day treatment and structured day programs.

At all times that juveniles are on any premises where alternative day treatment or structured day programs are provided, there shall be at least one qualified person actively supervising who has a current first aid and CPR certification.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-630. Meals.

If the program spans traditional meal times, juveniles shall be provided nutritionally balanced meals.

Statutory Authority

§§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-640. Emergency and fire safety in alternative day treatment and structured day programs.

A. Each site to which juveniles report shall have written emergency and fire safety plans.

1. In accordance with the emergency plan, the program shall implement safety and security procedures, including, but not limited to, procedures for responding in cases of a fire, bomb threat, hostage and medical emergency situations, and natural disaster.

2. The fire safety plan shall be developed with the consultation and approval of the appropriate local fire authority and reviewed with the local fire authority at least annually and updated if necessary.

B. At each site to which juveniles report, there shall be at least one documented fire drill each month.

C. Each new staff member shall be trained in fire safety and emergency procedures before assuming supervision of juveniles.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-650. (Repealed.)

Historical Notes

6VAC35-150-660. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-670. Juveniles' medical needs in alternative day treatment and structured day programs.

A. At the time of referral, the program shall request from the referring agency or party any information regarding individual juveniles' medical needs or restrictions and, if necessary, instructions for meeting these needs.

B. Written procedure governing the delivery of medication shall:

1. Either prohibit staff from delivering medication or designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and

2. Either permit or prohibit self-medication by juveniles.

C. An up-to-date, well-stocked first-aid kit shall be available at each site to which juveniles report and shall be readily accessible for minor injuries and medical emergencies.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-680. (Repealed.)

Historical Notes

6VAC35-150-690. Procedural requirements for time-out in alternative day treatment and structured day programs.

A. A program that uses time-out shall have written procedures to provide that juveniles in time-out shall:

1. Be able to communicate with staff;

2. Have bathroom privileges according to need; and

3. Be served any meal scheduled during the time-out period.

B. A time-out room shall not be locked nor the door secured in any way that will prohibit the juvenile from opening it, except if such confinement has been approved by the program's regulatory authority.

C. Time-out shall not be used for periods longer than 30 consecutive minutes.

Statutory Authority

§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-700. (Repealed.)

Historical Notes

6VAC35-150-710. (Repealed.)

Historical Notes

6VAC35-150-720. (Repealed.)

Historical Notes

6VAC35-150-730. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-740. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Documents Incorporated by Reference (6VAC35-150)

Guidelines for Transporting Juveniles in Detention, September 2004, State Board of Juvenile Justice.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.