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Promulgate regulations for the planning and provision of mental ...
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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 ajuvenile resident ] from commitment to theDepartment of Juvenile Justice department ] with no supervision conditions imposed upon thejuvenile resident ] by the department or a court.

"Facility" means a juvenile correctional center operated by theDepartment of Juvenile Justice department ] , an alternative placement forjuveniles residents ] under the direct custody of theDepartment of Juvenile Justice department ] , ora detention home operating ] a postdispositional detention program servingjuveniles residents ] sentenced undersubdivision 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 ajuvenile 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 adetention home operating a ] postdispositional detention program pursuant tosubdivision A 16 of §16.1-278.8 and subsection B of ] §16.1-284.1 of the Code of Virginia or in a juvenilecorrectional 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 ] orin an ] alternative placement as a result of a commitment to theDepartment 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 ajuvenile'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 incarceratedjuveniles 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 thejuvenile's resident's ] treatment needs. The plan shall address thejuvenile's resident's ] need for and ability to access medication, medical insurance, disability benefits, mental health services, and funding necessary to meet thejuvenile'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.

Ajuvenile resident ] willbe 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 thejuvenile resident ] has a current diagnosis for a mental illness that is likely to result in significant impairment in thejuvenile'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. Thejuvenile 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 necessityis ] to continue such medication upondischarge 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 withthe 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 federallaw laws ] orregulation regulations ] addressingthe ] 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) anddetention 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 ordetention 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 forjuveniles 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 thejuvenile resident ] and thejuvenile's resident's ] family with the process of applying for services identified in the plan;

4. A timeline for implementation of services upon thejuvenile'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 withthe 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 federallaw laws ] orregulation regulations ] addressingthe ] 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 ofJuvenile's Resident's ] Case

6VAC35-180-70. Timing and purpose ofthe ] 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 ajuvenile's resident's ] scheduled release from ajuvenile correctional center or postdispositional detention program facility ], designated staff at the facility where thejuvenile resident ] resides shall review thejuvenile's resident's ] case, including thejuvenile's resident's ] individualized service plan, to determine if thejuvenile 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 thejuvenile resident ], family involvement, thejuvenile's resident's ] progress towards discharge, and the anticipated release date.

C. D. ] The time frames designated insubsection subsections ] Aand B ] of this sectionshall be may be ] waived in the event that a judicial order for release of ajuvenile resident ] sentenced undersubdivision 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 adetention 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 thejuvenile'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 facilitycase ] review unless clearlyimpractical or ] inappropriate (as determined by the professional members of the facility review team) and documented in the case file:

1. Thejuvenile resident ];

2. The juvenile's family, legal guardian, or legally authorized representative;

3. 2. ] Thejuvenile's resident's ] probation or parole officer, or a representative of the Department of Corrections (adult probationor parole ] ), if applicable;

3. A qualified mental health professional familiar with the resident's case; ]

4. Facility staff knowledgeable about thejuvenile and his mental health needs resident ]; and

5. Other community agency staff, if appropriate (e.g., Department of Social Services (DSS) personnel for ayouth 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 thejuvenile'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 thejuvenile 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 thejuvenile's resident's ] anticipated release, to develop thejuvenile's resident's ] mental health services transition plan.

B. However, when ajuvenile 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 adetention 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 thejuvenile'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 ajuvenile resident ] sentenced undersubdivision 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 adetention 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 thejuvenile'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 thejuvenile'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 thejuvenile'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 planunless 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. Thejuvenile resident ];

2. Thejuvenile'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 thejuvenile resident ] will not be receiving any postrelease supervision, thejuvenile's resident's ] probation or parole officer or a representative of the Department of Corrections for those offendersdeterminately committed under §16.1-285.1 of the Code of Virginia ] who will be released to adultprobation 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 thejuvenile's resident's ] mental health services transition plan:

1. Other family members or caregivers who are judged to be critical to theperson'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 thejuvenile resident ] who is the subject of the plan.

C. If the persons invited pursuant tosubsection 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 thejuvenile 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 thejuvenile resident ] to obtain the identified services. Such applications include (i) thoseapplications ] that may be completed and submitted before thejuvenile's resident's ] release from incarceration; (ii) those applications that may be completed before, but may not be submitted until after, thejuvenile resident ] is released from incarceration; and (iii) those applications that may not be initiated until after thejuvenile's resident's ] release from incarceration. The plan shall assign responsibility for assisting thejuvenile resident ] or thejuvenile'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 thejuvenile'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 thejuvenile's resident's ] release from incarceration unless such time frame is rendered impracticable by a judicial order to release thejuvenile 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 thejuvenile'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.