The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual" means within 13 months of the previous event or occurrence.

"Behavior management" means those principles and methods employed to help a resident achieve positive behavior and to address and correct a resident's inappropriate behavior in a constructive and safe manner in accordance with written procedures governing program expectations and resident and employee safety and security.

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information relating to one resident and the resident's family, if applicable. This information includes, but is not limited to, social, medical, psychiatric, and psychological records; reports; demographic information; agreements; all correspondence relating to care of the resident; service plans with periodic revisions; aftercare plans and discharge summary; and any other information related to the resident.

"Community placement program" or “CPP” means a direct care residential program for committed juveniles in a juvenile detention center or other department-approved setting, established by written agreement with the department.

"Contraband" means any item possessed by or accessible to a resident or found within a detention center or on its premises (i) that is prohibited by statute, regulation, or the facility's procedure, (ii) that is not acquired through approved channels or in prescribed amounts, or (iii) that may jeopardize the safety and security of the detention center or individual residents.

"Department" means the Department of Juvenile Justice.

"Detention center" or "secure juvenile detention center" means a local, regional, or state, publicly or privately operated secure custody facility that houses individuals who are ordered to be detained pursuant to the Code of Virginia. This term does not include juvenile correctional centers.

"Direct care staff" means the staff whose primary job responsibilities are (i) maintaining the safety, care, and well-being of residents, (ii) implementing the structured program of care and the behavior management program, and (iii) maintaining the security of the facility.

"Direct supervision" means the act of working with residents while not in the presence of direct care staff. Staff members who provide direct supervision are responsible for maintaining the safety, care, and well-being of the residents in addition to providing services or performing the primary responsibilities of that position.

"Director" means the Director of the Department of Juvenile Justice.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action such as a fire, chemical release, loss of utilities, natural disaster, taking of hostages, major disturbances, escape, and bomb threats. Emergency does not include regularly scheduled employee time off or other situations that could be reasonably anticipated.

"Facility administrator" means the individual who has the responsibility for the on-site management and operation of the detention center on a regular basis.

"Health care record" means the complete record of medical screening and examination information and ongoing records of medical and ancillary service delivery including, but not limited to, all findings, diagnoses, treatments, dispositions, and prescriptions and their administration.

"Health care services" means those actions, preventative and therapeutic, taken for the physical and mental well-being of a resident. Health care services include medical, dental, orthodontic, mental health, family planning, obstetrical, gynecological, health education, and other ancillary services.

"Health trained personnel" means an individual who is trained by a licensed health care provider to perform specific duties such as administering health care screenings, reviewing screening forms for necessary follow-up care, preparing residents and records for sick call, and assisting in the implementation of certain medical orders.

"Individual service plan" or "service plan" means a written plan of action developed, revised as necessary, and reviewed at intervals to meet the needs of a resident. The individual service plan specifies (i) measurable short-term and long-term goals; (ii) the objectives, strategies, and time frames for reaching the goals; and (iii) the individuals responsible for carrying out the plan.

"Living unit" means the space in a detention center in which a particular group of residents resides that contains sleeping areas, bath and toilet facilities, and a living room or its equivalent for use by the residents. Depending upon its design, a building may contain one living unit or several separate living units.

"On duty" means the period of time an employee is responsible for the direct supervision of one or more residents.

"Parent" or "legal guardian" means (i) a biological or adoptive parent who has legal custody of a resident, including either parent if custody is shared under a joint decree or agreement; (ii) a biological or adoptive parent with whom a resident regularly resides; (iii) a person judicially appointed as a legal guardian of a resident; or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption, or otherwise by operation of law.

"Postdispositional detention program" means a program in a detention center serving residents who are subject to a sentence or dispositional order for placement in the detention center for a period exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1.284.1 of the Code of Virginia.

"Premises" means the tracts of land on which any part of a detention center is located and any buildings on such tracts of land.

"Regulatory authority" means the board or the department as designated by the board.

"Resident" means an individual who is confined in a detention center.

"Rules of conduct" means a listing of a detention center's rules or regulations that is maintained to inform residents and others of the behavioral expectations of the behavior management program, about behaviors that are not permitted, and about the sanctions that may be applied when impermissible behaviors occur.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

To accept placements in a community placement program, a juvenile detention center shall:

1. Be approved by the department to operate a community placement program. This approval shall be documented on the certificate issued to the juvenile detention center by the department. The capacity of the community placement program shall be included in the overall facility capacity.

2. Have a written agreement with the department in accordance with 6VAC35-101-1310.

To accept placements in a community placement program, alternate providers shall:

1. Be approved by the department to operate a community placement program;

2. Have a written agreement with the department in accordance with 6VAC35-101-1310; and

3. Comply with the provisions of this chapter.

Juveniles placed in a community placement program shall have a valid commitment to the department pursuant to § 16.1-278.8 or 16.1-285.1 of the Code of Virginia.

Juvenile secure detention centers or alternate providers operating community placement programs shall have a written agreement with the department. At a minimum, this agreement shall address:

1. The criteria for which juveniles the program will serve, including the age range of the juveniles;

2. Serious incident reporting;

3. The provision of health care services, including medical authority;

4. Residential programming, including staffing ratios and housing;

5. Mental health services transition planning;

6. The disposition of records pertaining to juveniles participating in the program;

7. Written department approval for any portion of work subcontracted by the program;

8. The process for removing a juvenile from the community placement program; and

9. The terms for terminating the agreement.

The community placement program shall have a written statement describing its:

1. Program philosophy;

2. Residential program;

3. Behavior management program;

4. Provision of services;

5. Educational and employment services;

6. Case management; and

7. Family engagement.

The community placement program shall have a case manager assigned to provide services to CPP residents.

The CPP case manager shall collaborate with the department to maintain the individual service plan developed for each CPP resident in accordance with 6VAC35-71-790.

A. At least every 90 days, the community placement program shall prepare and distribute to the department written reports on each CPP resident’s progress. The reports shall include:

1. Progress toward meeting the objectives of the individual service plan and applicable Length of Stay requirements;

2. Educational progress;

3. Behavioral infractions or incidents.

4. Family involvement; and

5. Continuing needs.

B. Each progress report shall include (i) the date it was developed and (ii) the name of the person who developed it.

Residents shall be released from a community placement program only upon written approval by the department.