On behalf of The Arc of Northern Virginia, a nonprofit organization that serves individuals with developmental disabilities (DD) and their families across the lifespan, we write in strong support of the proposed regulatory change requiring Assisted Living Facilities (ALFs) to provide discharge notices to the Virginia Department of Social Services.

This change represents a critical step forward in protecting the rights and dignity of some of the most vulnerable members of our community. Prior to this regulation, individuals and families impacted by improper or inappropriate discharges were left with limited and often ineffective avenues for recourse—such as filing a licensing complaint or pursuing a private contract dispute. This was especially problematic given the exclusion of certain ALFs from landlord-tenant protections under Virginia law, leaving residents without a clear path to challenge unjust discharges.

By requiring ALFs to notify the Department of all discharges, this regulation creates a mechanism to identify patterns of behavior that may indicate systemic issues. It allows for the collection of much-needed data on how often discharges occur, under what circumstances, and in which facilities. This data is essential for regulatory oversight, accountability, and ensuring that facilities are acting in the best interests of their residents.

Improper or rushed discharges can have devastating consequences, especially for individuals with developmental disabilities, many of whom rely on consistent, supportive environments to maintain their health, safety, and well-being. Discharge decisions should never be made lightly or used as a tool to remove individuals who may require more intensive support. Requiring transparency in discharge practices ensures that these decisions are subject to appropriate scrutiny and encourages facilities to exhaust all other support and behavioral intervention options before pursuing discharge.

This regulation also aligns with broader values of person-centered care, respect, and community integration. It affirms that ALFs are not just housing providers—they are responsible for ensuring that individuals, especially those with disabilities, are treated with fairness and compassion.

We urge the Virginia Department of Social Services to adopt and implement this regulation without delay. It is a necessary safeguard that will help prevent harm, promote accountability, and uphold the rights of individuals living in ALFs.

Thank you for your commitment to improving protections for vulnerable Virginians.

Sincerely,
Lucy Beadnell
The Arc of Northern Virginia