Administrative Code

Virginia Administrative Code
1/22/2022

Part I. General Provisions

6VAC35-180-10. Definitions.

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

"Department" means the Virginia Department of Juvenile Justice.

"Direct discharge" means the release of a resident from commitment to the department with no supervision conditions imposed upon the resident by the department or a court.

"Facility" means a juvenile correctional center operated by the department , an alternative placement for residents under the direct custody of the department, or a detention home operating a postdispositional detention program serving residents sentenced under subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia.

"Identified as having a recognized mental health, substance abuse, or other therapeutic treatment need" means a resident who meets established criteria, set forth in 6VAC35-180-30, based on objective assessment or diagnosis by a qualified mental health professional, as provided for in this regulation.

"Incarceration" means confinement in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14 , A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia.

"Indeterminately committed" means commitment to the department pursuant to subdivision A 14 of § 16.1-278.8 of the Code of Virginia with the resident's length of stay calculated in accordance with § 16.1-285 of the Code of Virginia and the department's Length of Stay Guidelines.

"Juvenile" means an individual , regardless of age, who has been confined in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14, A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia or an individual, regardless of age, who is under the supervision of or receiving services from a court service unit.

"Mental health services transition planning" means the enhanced planning process described by 6VAC35-180-70 through 6VAC35-180-160 to ensure the provision of mental health, substance abuse, or other therapeutic treatment services upon a resident's release from incarceration. This planning process is considered "enhanced" because it is more comprehensive than the standard process for developing a plan for probation, parole, or aftercare. This process shall result in a mental health transition services plan.

"Resident" means an individual, both a juvenile and an adult, who is or was committed to the department pursuant to § 16.1-285.1 or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia and resides in a juvenile residential facility or a secure facility defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or placed in a detention home that is operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia. Resident includes an individual, both juvenile and adult, who is or was committed to the department by a circuit court judge under § 16.1-272 of the Code of Virginia. For purposes of this regulation, the term includes residents being released from incarceration who are 18 years old or older and excludes any individual sentenced under § 16.1-272 of the Code of Virginia who will be released directly from a department facility to an adult correctional institution or jail to complete the remaining portion of a blended sentence.

"Serious offender" means an individual who was committed to the department pursuant to subdivision A 17 of § 16.1-278.8 and § 16.1-285.1 of the Code of Virginia.

Statutory Authority

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

Historical Notes

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

6VAC35-180-20. Purpose and goal.

A. This chapter is intended to ensure the planning and provision of postrelease services addressing the mental health, substance abuse, or other therapeutic treatment needs of incarcerated residents as they transition back into their communities. The goal is to ensure implementation and continuity of necessary treatment and services in order to improve short- and long-term outcomes for juvenile offenders with significant needs in these areas. Services should be provided in the least restrictive setting consistent with public safety and the resident's treatment needs. The plan shall address the resident's need for and ability to access medication, medical insurance, disability benefits, mental health services, and funding necessary to meet the resident's treatment needs.

B. This chapter is intended to be applied in conjunction with other relevant regulations of agencies of the Commonwealth (e.g., 6VAC35-150, Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts; 6VAC35-140, Standards for Juvenile Residential Facilities; 22VAC42-11, Standards for Interdepartmental Regulation of Children's Residential Facilities; and 8VAC20-660, Regulations Governing the Reenrollment of Students Committed to the Department of Juvenile Justice).

Statutory Authority

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

Historical Notes

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

6VAC35-180-30. Criteria for mental health services transition planning.

A resident will be identified as having a recognized mental health, substance abuse, or other therapeutic need and will qualify for mental health services transition planning when one of the following criteria is met:

1. A qualified mental health professional determines that the resident has a current diagnosis for a mental illness that is likely to result in significant impairment in the resident's functioning in the community, including, but not limited to, the following: psychotic disorders, major affective disorders, substance use disorders, and posttraumatic stress disorder.

2. The resident is currently receiving medication treatment for a mental illness as described in subdivision 1 of this section and the provider has indicated a treatment necessity is to continue such medication upon release from the facility.

Statutory Authority

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

Historical Notes

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

6VAC35-180-40. Confidentiality.

For all activities conducted in accordance with this chapter, confidential information shall be handled in accordance with all relevant state or federal laws or regulations addressing the sharing of confidential information.

Statutory Authority

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

Historical Notes

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

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