Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the “Human Rights Regulations,” is announcing a decision on applications for renewal of existing variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of this Register.

Purpose of notice: After considering all available information, at its meeting on September 10, 2020, the SHRC voted to approve the applications for renewal of variances to the Human Rights Regulations. The variances were approved for a three-year period with annual updates to the SHRC and quarterly updates to the local human rights committee (LHRC).

Variance is approved for the following sections:

Variance to Procedures to Ensure Dignity:

12 VAC 35-115-50 C.7 and C.8.:

In order to maintain the safety and security of residents (youth) the programs restrict communication via telephone and visitation to only those placed on a list generated at admission with input from the parent/legal guardian and the resident.

1. Holiday House (C.8. only).
2. Barry Robinson Center.
3. Kempsville Center for Behavioral Health. (The Clinical Treatment Team is also involved in the creation of the list.)
4. Newport News Behavioral Health Center
5. Virginia Beach Department of Human Services Residential Crisis Stabilization Program (The Recovery Center).

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

12 VAC 35-115-100 A.1.a. and A.1.g.:

In order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting (grounds, community, purchases in program store).

1. Harbor Point Behavioral Health Center
2. Kempsville Center for Behavioral Health (Requiring an individual earn points through a level system in order to access the store).

3. Newport News Behavioral Health Center (A.1.a only)

    

Variance to Procedures for Use of Seclusion, Restraint, and Time Out

12 VAC 35-115-110 C.16.: In order to utilize time out as part of the unit restriction policy.

1. Kempsville Center for Behavioral Health.  (At times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from their assigned unit for periods longer than 30 minutes.)

Contact Information: Taneika Goldman, Deputy Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 524-7398, FAX (804) 804-371-2308, or email taneika.goldman@dbhds.virginia.gov.