Administrative Code

Virginia Administrative Code
1/28/2022

Part IV. Enhanced Transition Planning

Article 1
Developing the Transition Plan

6VAC35-180-100. Enhanced mental health transition planning.

A. If the resident meets the criteria set out in 6VAC35-180-30, the probation or parole officer present at the facility case review meeting shall (i) notify the responsible agency or agencies identified in the Memorandum of Understanding established pursuant to 6VAC35-180-50 and (ii) schedule a meeting, to be conducted no later than 30 days prior to the resident's anticipated release, to develop the resident's mental health services transition plan.

B. However, when a resident (i) will receive a direct discharge from the department upon attaining the age of 21 and will not be subject to adult parole supervision or (ii) will be released from a detention home that is operating a postdispositional program at age 18 or older without having been placed on probation, the meeting shall be scheduled and proceed only with the resident's documented consent and, as required by law, the consent of his parent or legal guardian.

C. The time frames designated in subsection A of this section shall 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.

6VAC35-180-110. Referral to family assessment and planning team.

If the resident's case is referred to the local family assessment and planning team established under the Comprehensive Services Act (§ 2.2-5200 et seq. of the Code of Virginia), the meeting will be conducted in accordance with the policies of the family planning and assessment team.

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.

6VAC35-180-120. Development of the plan if other than family assessment and planning team.

A. If the resident's case is not referred to the local family assessment and planning team, the following persons shall participate (either in person or via telephone or video-conference) in the development of the mental health services transition plan unless clearly impractical or inappropriate (as determined by the professional members of the enhanced mental health transition planning team) and documented in the case file:

1. The resident;

2. The resident's parent, legal guardian, or legal custodian unless clearly inappropriate (as determined by the professional members of the review team) and documented in the case file;

3. Unless the resident will not be receiving any postrelease supervision, the resident's probation or parole officer or a representative of the Department of Corrections for those offenders who will be released to adult probation or supervision; and

4. A representative of one or more of the agencies participating in the Memorandum of Understanding established by 6VAC35-180-50, as applicable and appropriate.

B. The following persons may be invited to participate in the meeting to develop the resident's mental health services transition plan:

1. Other family members or caregivers who are judged to be critical to the resident's successful completion of treatment services; and

2. Any other person, agency, or institution having a legitimate interest in the development of the plan for the purpose of providing treatment or services for the resident who is the subject of the plan.

C. If the persons invited pursuant to subsections A and B of this section are unable to participate in the planning meeting as described in subsection D of this section, they may provide information prior to the meeting.

D. All participants in the development of the plan shall be concurrently available to each other during the transition services planning meeting, either in person, or by telephone conference call, or by video-conference.

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.

Article 2
Content of the Plan

6VAC35-180-130. Content of the plan.

A. The plan shall specify:

1. The person(s) assigned case management responsibilities for the development and implementation of the mental health transition services plan. Case management includes making all referrals and coordination of all aspects of the plan;

2. The kinds of substance abuse, mental health, or other therapeutic treatment that will be made available to the resident;

3. The provider or providers who will be responsible for delivering each service;

4. The projected time frame over which each service will be provided;

5. The proposed sources through which the services will be funded (funding sources may include, but are not limited to, Medicaid, Comprehensive Services Act (§ 2.2-5200 et seq. of the Code of Virginia), Family Access to Medical Insurance Security, private insurance, and other federal, state, or local funds such as Promoting Safe & Stable Families funds, federal mental health and substance abuse block grant funds, Virginia Juvenile Community Crime Control Act funds, DJJ Transitional Services funds, and other state general funds available to the Community Service Boards, the department, or other agencies participating in the planning process); and

6. Any applications for services, insurance, and other financial assistance that must be completed in order for the resident to obtain the identified services. Such applications include (i) those that may be completed and submitted before the resident's release from incarceration; (ii) those applications that may be completed before, but may not be submitted until after, the resident is released from incarceration; and (iii) those applications that may not be initiated until after the resident's release from incarceration. The plan shall assign responsibility for assisting the resident or the resident's parents or guardians in completing such applications.

B. To the extent possible, all issues pertaining to the implementation of the plan shall be resolved prior to 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.

Article 3
Completion and Implementation of the Plan

6VAC35-180-140. Time frames for completing the plan and related tasks.

A. To facilitate the process of referrals for services and application and enrollment for financial and other assistance, the written plan shall be completed at least 10 days prior to the resident's release from incarceration unless such time frame is rendered impracticable by a judicial order to release the resident from incarceration. In such instances, the plan shall be completed as soon as possible, but in no event later than 30 days following the date of the court order for release.

B. All referrals for services and all applications for financial and other assistance shall be completed within sufficient time frames to ensure continuity of necessary treatment and implementation of recommended services upon the resident's release.

C. All participants in the development of the plan shall sign the plan, indicating their commitment to fulfill the responsibilities assigned to them.

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.

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.