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.