Final Text
CHAPTER 180
REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES
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
[ juvenile resident ] from commitment to the
[ Department of Juvenile Justice department ] with
no supervision conditions imposed upon the [ juvenile
resident ] by the department or a court.
"Facility" means a juvenile correctional center
operated by the [ Department of Juvenile Justice
department ] , an alternative placement for [ juveniles
residents ] under the direct custody of the [ Department
of Juvenile Justice department ] , or [ a
detention home operating ] a postdispositional detention program
serving [ juveniles 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 [ juvenile
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 [ correctional center 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
of Juvenile Justice 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 [ who was
committed to the Department of Juvenile Justice pursuant to §16.1-285.1 or
subdivision A 14 of §16.1-278.8 of the Code of Virginia or placed in a
postdispositional detention program pursuant to subsection B of §16.1-284.1 of
the Code of Virginia. For purposes of this regulation, the term includes wards
being released from incarceration that are 18 years old or older. ,
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 initiative funds" means
funds appropriated by the General Assembly to the Department of Mental Health,
Mental Retardation and Substance Abuse Services for mental health and substance
abuse services for children and adolescents with serious emotional disturbances
who are not mandated for services under the Comprehensive Services Act
(§2.2-5200 et seq. of the Code of Virginia). ]
"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 [ juvenile's
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 [ juveniles
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 [ juvenile's
resident's ] treatment needs. The plan shall address the
[ juvenile's resident's ] need for and
ability to access medication, medical insurance, disability benefits, mental
health services, and funding necessary to meet the [ juvenile's
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; 22VAC42-10, 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 [ juvenile 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 [ juvenile resident ] has a current
diagnosis for a mental illness that is likely to result in significant
impairment in the [ juvenile's 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 [ juvenile 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 [ discharge 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
[ the Health Insurance Portability and Privacy Act (HIPAA), federal
regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records
(42 CFR Part 2), and any other all ] relevant state or
federal [ law laws ] or [ regulation
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.
Part II
Agreements Among Agencies and Service Providers
6VAC35-180-50. Interagency Memorandum of Understanding.
Each court service unit (CSU) and [ detention home that is operating a ] postdispositional detention program shall enter into a single, integrated Memorandum of Understanding (MOU) with the public agencies that are required to participate in the Community Policy and Management Team (CPMT), as established by §2.2-5205 of the Code of Virginia, for each jurisdiction covered by the CSU or [ detention home that is operating a ] postdispositional detention program. The MOU shall specify the parties' commitment to participate in the planning process established in this chapter and in §16.1-293.1 B of the Code of Virginia. Other public or private agencies may be party to these agreements as appropriate.
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.
6VAC35-180-60. Content of agreements.
The Memorandum of Understanding shall identify:
1. The substance abuse, mental health, or other therapeutic
treatment and case management services that the agencies will make available
for [ juveniles residents ] being
released from incarceration;
2. If, and with what restrictions, the Family Assessment and Planning Teams (FAPT), as established by §2.2-5207 of the Code of Virginia, shall be responsible for the development and implementation of the mental health transition plan as described in 6VAC35-180-100 or how the mental health transition planning process will take place when the FAPT will not serve as the responsible entity;
3. The process and parties responsible for making the
necessary referrals specified in the plan and for assisting the [ juvenile
resident ] and the [ juvenile's
resident's ] family with the process of applying for services
identified in the plan;
4. A timeline for implementation of services upon the
[ juvenile's resident's ] release from
incarceration;
5. The sources of funding that may be utilized to provide the services;
6. Methods for maximizing available sources of funding, including Medicaid, and the process and parties responsible for initiation of application(s) for insurance or other benefits that may be used to fully or partially fund such services; and
7. Methods for handling confidential information in
accordance with [ the Health Insurance Portability and Privacy
Act (HIPAA), federal regulations governing Confidentiality of Alcohol and Drug
Abuse Patient Records (42 CFR Part 2), and any other all ] relevant
state or federal [ law laws ] or
[ regulation 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.
Part III
Facility Review of [ Juvenile's
Resident's ] Case
6VAC35-180-70. Timing and purpose of [ the ] facility case review.
A. [ At 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 [ juvenile's resident's ]
scheduled release from a [ juvenile correctional center or
postdispositional detention program facility ],
designated staff at the facility where the [ juvenile
resident ] resides shall review the [ juvenile's
resident's ] case, including the [ juvenile's
resident's ] individualized service plan, to determine if the
[ juvenile 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. ]
[ B. 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 [ juvenile
resident ], family involvement, the [ juvenile's
resident's ] progress towards discharge, and the anticipated
release date.
[ C. D. ] The time frames
designated in [ subsection subsections ] A
[ and B ] of this section [ shall be
may be ] waived in the event that a judicial order for release of a
[ juvenile 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 [ juvenile's
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 [ juvenile resident ];
[ 2. The juvenile's family, legal guardian, or
legally authorized representative;
3. 2. ] The [ juvenile's
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 [ juvenile
and his mental health needs resident ]; and
5. Other community agency staff, if appropriate (e.g.,
Department of Social Services (DSS) personnel for a [ youth
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
[ juvenile's 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.
Part IV
Enhanced Transition Planning
Article 1
Developing the Transition Plan
6VAC35-180-100. Enhanced mental health transition planning.
A. If the [ juvenile 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
[ juvenile's resident's ] anticipated
release, to develop the [ juvenile's resident's ]
mental health services transition plan.
B. However, when a [ juvenile
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 [ juvenile's
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
[ juvenile 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 [ juvenile's
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 [ juvenile's 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 [ juvenile's 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 [ juvenile resident ];
2. The [ juvenile's 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 [ juvenile resident ]
will not be receiving any postrelease supervision, the [ juvenile's
resident's ] probation or parole officer or a representative of the
Department of Corrections for those offenders [ determinately
committed under §16.1-285.1 of the Code of Virginia ] 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 [ juvenile's resident's ]
mental health services transition plan:
1. Other family members or caregivers who are judged to be
critical to the [ person's 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 [ juvenile resident ]
who is the subject of the plan.
C. If the persons invited pursuant to [ subsection
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 [ juvenile
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
of Juvenile Justice 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 [ juvenile
resident ] to obtain the identified services. Such applications
include (i) those [ applications ] that may be
completed and submitted before the [ juvenile's
resident's ] release from incarceration; (ii) those applications
that may be completed before, but may not be submitted until after, the
[ juvenile resident ] is released from
incarceration; and (iii) those applications that may not be initiated until
after the [ juvenile's resident's ] release
from incarceration. The plan shall assign responsibility for assisting the
[ juvenile resident ] or the [ juvenile's
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 [ juvenile's
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 [ juvenile's
resident's ] release from incarceration unless such time frame is
rendered impracticable by a judicial order to release the [ juvenile
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 [ juvenile's 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.
Part V
Review of the Plan
6VAC35-180-150. Reports to probation or parole officer.
When it is a condition of probation or parole that the juvenile [ , upon release from a facility, ] must participate in one or more treatment services provided in accordance with this chapter, the person or agency responsible for providing such clinical services shall report to the probation or parole officer on the juvenile's progress toward meeting the plan's objectives at least monthly as long as the juvenile remains under probation or parole supervision.
When the juvenile's treatment need has been met, the service may be discontinued, and the probation or parole officer shall be notified that the juvenile has completed the treatment.
When the juvenile discontinues participation in the treatment or is suspended or terminated from the program, the probation or parole officer shall be notified as soon as practicable of the juvenile's changed status.
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.
6VAC35-180-160. Periodic review of mental health transition plan.
A. Every 90 days, the parties to the plan shall review and assess the juvenile's progress and continued applicability of the plan.
B. Any changes to the plan shall be made in writing. All participants shall sign and receive copies of the revised 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.
6VAC35-180-170. Final review prior to termination of probation or parole.
A. If the juvenile has been placed on probation or parole, the individuals and agencies participating in the implementation of the mental health transition plan shall convene no later than 30 days before the juvenile's anticipated release from probation or parole supervision to determine if any of the services provided for in the plan should continue beyond the juvenile's release from probation or parole supervision.
B. If the determination is made that one or more services should continue, an updated plan shall be developed for the juvenile, including identification of the case manager to be responsible for the plan from that point forward. All participants shall sign and receive a copy of the updated plan.
C. If treatment services are continued beyond the juvenile's release from probation or parole, the service provider and case manager shall have no further duty to report to the probation or parole officer on the juvenile's progress in treatment.
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.
DOCUMENTS INCORPORATED BY REFERENCE
Guidelines for Determining the Length of Stay of Juveniles Indeterminately Committed to the Department of Juvenile Justice, Department of Juvenile Justice, Rev. 10/01.