Part III. Facility Review of Resident's Case
6VAC35-180-70. Timing and purpose of the facility case review.
A. In the event that the resident is indeterminately committed to the department, is committed to the department as a serious offender for less than 24 months, or is placed in a detention home that is operating a postdispositional detention program, then at least 90 days before a resident's scheduled release from a facility, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for the enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30.
B. In the event that the resident is committed to the department as a serious offender for 24 months or greater, then at least 90 days before the second anniversary of that resident's commitment, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30. The resident's case shall be reviewed annually thereafter for determination of whether the resident continues to be identified as having a recognized mental health, substance abuse, or other therapeutic treatment need and continues to qualify for mental health services transition planning.
C. In addition to an assessment of the criteria set forth in 6VAC35-180-30, the facility case review shall address the continuing needs of the resident, family involvement, the resident's progress towards discharge, and the anticipated release date.
D. The time frames designated in subsections A and B of this section may be waived in the event that a judicial order for release of a resident sentenced under subdivision A 16 or A 17 of § 16.1-278.8, § 16.1-285.1 (serious offender incarcerated in a juvenile correctional center) or § 16.1-284.1 (placement in a detention home that is operating a postdispositional detention program) of the Code of Virginia makes such time frames impracticable. In such cases, review shall be completed as soon as possible, but no later than 30 days after the resident's release.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.
6VAC35-180-80. Participants in facility case review.
A. The following parties shall participate (either in person or via telephone or video-conference in the facility case review unless clearly impractical or inappropriate (as determined by the professional members of the facility review team) and documented in the case file:
1. The resident;
2. The resident's probation or parole officer, or a representative of the Department of Corrections (adult probation or parole), if applicable;
3. A qualified mental health professional familiar with the resident's case;
4. Facility staff knowledgeable about the resident; and
5. Other community agency staff, if appropriate (e.g., Department of Social Services (DSS) personnel for a resident to be released to DSS custody).
B. The resident's family members, caregivers, legal guardian, or legally authorized representative shall be invited and given the opportunity to participate in the development of the resident's plan.
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.
6VAC35-180-90. Distribution and documentation of facility case review.
The results of the facility case review, including any recommendations for treatment or other services, shall be distributed to the parties who participated in the meeting. The distribution shall be documented in the resident's record.
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.