Administrative Code

Virginia Administrative Code
8/10/2022

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.

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