Proposed Text
CHAPTER 190
REGULATIONS ESTABLISHING PROCEDURES FOR VOLUNTARILY ADMITTING PERSONS
WHO ARE MENTALLY RETARDED VOLUNTARY ADMISSIONS TO STATE MENTAL
RETARDATION FACILITIES TRAINING CENTERS
12VAC35-190-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Admission" means placement of an individual in a residential
facility for individuals with mental retardation as defined in this chapter
so that the facility becomes the individual's primary locus of care,
treatment, and training center.
"Authorized representative" means a person permitted by law or regulation to authorize the disclosure of information and consent to treatment and services, including medical treatment, or the participation in human research on behalf of an individual who lacks the mental capacity to make these decisions.
"Case management community services board (CSB)"
or "CSB" means a citizens board the public body
established pursuant to § 37.1-195 § 37.2-501 of the Code of
Virginia that serves the area in which an adult resides or in which a minor's
parent, or guardian or legally authorized representative
resides. The case management CSB is responsible for case management, liaison
with the facility when an individual is admitted to a state training center,
and predischarge planning. If an individual, or the parents, guardian or
legally authorized representative on behalf of an individual, chooses to reside
in a different locality after the individual's discharge from the facility, the
community services board serving that locality becomes the case management CSB
and works with the original case management CSB, the individual receiving
services and the state facility to effect a smooth transition and discharge.
For the purpose of these regulations, CSB also includes a behavioral health
authority established pursuant to § 37.2-602 of the Code of Virginia.
"Commissioner" means the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.
"Discharge plan" or "predischarge plan"
means a written plan prepared by the case management CSB in consultation with
the state facility training center pursuant to § 37.1-197.1
§ 37.2-505 of the Code of Virginia. This plan is prepared when the
individual is admitted to the facility training center and
documents the planning for services after discharge.
"Facility" means a state training center for
individuals with mental retardation under the supervision and management of the
Commissioner of the Department of Mental Health, Mental Retardation and
Substance Abuse Services.
"Guardian" means:
For Minors -- An an adult who is either appointed
by the court as a legal guardian of said a minor or 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.
For Adults -- a person appointed by the court who is
responsible for the personal affairs of an incapacitated adult under the order
of appointment. The responsibilities may include making decisions regarding the
individual's support, care, health, safety, habilitation, education and
therapeutic treatment. Refer to definition of "incapacitated person"
at § 37.1-134.6 § 37.2-1000 of the Code of Virginia.
"Legally authorized representative" means a
person permitted by law or regulations to give informed consent for disclosure
of information and give informed consent to treatment, including medical
treatment and participation in human research on behalf of an individual who
lacks the mental capacity to make these decisions.
"Licensed professional" means a licensed psychologist, licensed professional counselor, or other individual who holds a valid professional license and has appropriate training in intellectual testing.
"Mental retardation" means substantial subaverage
general intellectual functioning which originates during the developmental
period and is associated with impairment in adaptive behavior. a
disability originating before the age of 18 years, characterized concurrently
by (i) significantly subaverage intellectual functioning as demonstrated by performance
on a standardized measure of intellectual functioning, administered in
conformity with accepted professional practice, that is at least two standard
deviations below the mean; and (ii) significant limitations in adaptive
behavior as expressed in conceptual, social, and practical adaptive skills.
Statutory Authority
§§ 37.1-10 and 37.1-65.1 §§ 37.2-203 and 37.2-806 of
the Code of Virginia.
Historical Notes
Derived from VR470-07-01 § 1, eff. October 8, 1976; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003.
12VAC35-190-21. Application for admission process.
A. Requests for admission to a facility training
center shall be processed through the case management CSB. A parent,
guardian, or legally authorized representative seeking admission to a facility
training center for an individual with mental retardation shall apply
first to the CSB that serves the area where the applicant individual,
or if a minor, his parent, or guardian, or legally
authorized representative is currently residing.
B. If the case management CSB determines that the services for
the individual are not available in the community or the individual chooses to
obtain services in the state facility training center, the CSB
shall forward a prescreening preadmission screening report,
pursuant to § 37.1-65.1 B § 37.2-806 B of the Code of Virginia, to
the facility training center serving individuals with mental
retardation from that geographic section of the state in which the applicant
individual or, if a minor, his parent, or guardian,
or legally authorized representative is currently residing.
C. The prescreening preadmission screening
report shall include at a minimum:
1. An application for services;
2. A medical history indicating the presence of any current medical problems as well as the presence of any known communicable disease. In all cases, the application shall include any currently prescribed medications as well as any known medication allergies;
3. A social history and current status housing or
living arrangements; and
4. A psychological evaluation that has been performed in the
past three years unless the facility director or designee determines that
sufficient information as to the applicant's abilities and needs is included in
other reports received; reflects the individual's current functioning.
D. The preadmission screening report shall also include the following, as appropriate:
5. 1. A current individualized education plan for
school-aged applicants unless the facility director or designee determines
that sufficient information as to the applicant's abilities and needs is
included in other reports received; individuals.
6. 2. A vocational assessment for adult
applicants unless the facility director or designee determines that sufficient
information as to the applicant's abilities and needs is included in other
reports received; and adults.
7. 3. A completed discharge plan outlining the
services to be provided upon discharge and anticipated date of discharge.
Statutory Authority
§§ 37.1-10 and 37.1-65.1 §§ 37.2-203 and 37.2-806 of
the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 7, eff. January 15, 2003.
12VAC35-190-30. Determination of suitability Criteria
for admission.
A. Within 30 working days from the receipt of the completed
prescreening report, the director of the facility, or his designee, shall
notify the case management CSB in writing of the determination on the admission
request.
B. Determination of suitability A. Upon the receipt
of a completed preadmission screening report, the director of the training
center or designee shall determine eligibility for admission by the
director shall be based upon the following criteria and shall be so
stated in his written decision:
1. The individual has a primary diagnosis of mental
retardation;
2. The diagnosis of mental retardation has been made by an
interdisciplinary team of qualified mental retardation professionals upon
review of the completed prescreening report a licensed professional;
and
3. The facility training center has available
space, training, treatment, and habilitation services appropriate and
service capacity to meet the needs of the individual.
B. If the director finds that admission is not appropriate, he shall state the reasons in a written decision and may recommend an alternative location for needed services.
C. If the director finds that the applicant is not suitable
for admission to the facility, he shall state the reasons for his decision and
may recommend alternative locations for needed services. Within 10
working days from the receipt of the completed preadmission screening report,
the director of the training center or designee shall provide the written
decision on the admission request to the case management CSB.
Statutory Authority
§§ 37.1-10 and 37.1-65.1 §§ 37.2-203 and 37.2-806 of
the Code of Virginia.
Historical Notes
Derived from VR470-07-01 § 3, eff. October 8, 1976; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003.
12VAC35-190-41. Requests for reconsideration of the director's determination.
In the event that (i) the case management CSB making the
request for admission, or (ii) a person seeking admission to a facility,
the parent, guardian, or authorized representative applying on behalf of an
individual disagrees with the determination of the director, the CSB, or
person seeking admission, or both they may request a reconsideration
of the determination by submitting a request in writing to the commissioner
within 10 working days of receiving such determination. Upon receipt of
a request for reconsideration, the commissioner shall notify the facility
training center director and the facility training center
director shall forward the prescreening preadmission screening
report package and related information to the commissioner within 48 hours. The
commissioner shall also provide an opportunity for the person individual
requesting reconsideration to submit for review any additional information or
reasons why the admission should be approved. The commissioner shall render a
written decision on the request for reconsideration within 30 calendar days of
the receipt of the request and notify all involved parties. The commissioner's
decision shall be binding.
Statutory Authority
§§ 37.1-10 and 37.1-65.1 §§ 37.2-203 and 37.2-806 of
the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 7, eff. January 15, 2003.
12VAC35-190-51. Procedure for admission Judicial
certification.
Upon receipt of written notification from the facility training
center director that an individual is suitable eligible for
admission, the case management CSB will shall inform the
individual or and the individual's parent, guardian, or legally
authorized representative of this decision and assist the parent, guardian,
or legally authorized representative in initiating a judicial proceeding
pursuant to § 37.1-65.1 § 37.2-806 of the Code of Virginia. When
the judge has certified that the individual is eligible for admission to a facility
training center in accordance with subsection C3 of § 37.1-65.1 § 37.2-806
F of the Code of Virginia, a date for admission to the facility will
training center shall be established.
Statutory Authority
§§ 37.1-10 and 37.1-65.1 §§ 37.2-203 and 37.2-806 of
the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 7, eff. January 15, 2003.