Administrative Code

Virginia Administrative Code
8/9/2022

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 (Repealed.)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

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 October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff.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.

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

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.

6VAC35-150-165. (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.

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

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.

6VAC35-150-180. (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.

6VAC35-150-190. (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.

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

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.

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.

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