• 22 VAC 42-11-270 Qualifications

B. A person who assumes or is designated to assume the responsibilities of a position or any combination of positions described in these standards shall:

1. Meet the qualifications of the position or positions;

2. Fully comply with all applicable standards for each function; and

3. Demonstrate a working knowledge of the policies and procedures that are applicable to “his” specific position or positions.

            Note: B. 3. Should not be gender specific. Suggest using “this” position or his/her position.

• 22 VAC 42-11-500 Resident’s Privacy

            Video and audio monitoring shall be permitted only in common hallways and common areas. All such monitoring shall have the approval of the regulatory authority and if licensed by DMHMRSAS the approval of the Office of Human Rights. DJJ shall obtain the authority before any video or audio monitoring is permitted. Video and audio monitoring is prohibited in bathrooms, dressing areas and bedrooms.

Note: Recommend “DJJ certified facilities shall obtain the approval of the regulatory authority before any video or audio monitoring is permitted”, be removed.  Other standards protect the privacy of children. 

• 22 VAC 42-11-640 Maintenance of Residents’ Records

H. The face sheet shall be retained permanently unless otherwise specified by state or federal requirements.

            Note: Ask that this standard not apply to secure facilities.  It is an extreme burden for large facilities that admit hundreds of residents each year and it is kept on file in both the Court Service Unit and the Juvenile Tracking System.

• 22 VAC 42-11-710 Initial Objectives and Strategies

            Within three days following admission, individualized, measurable objectives and strategies for the first 30 days shall be developed, distributed to affected staff and the resident, and placed in the resident’s record.  The objectives and strategies shall be based on the reasons for admitting the resident.  The requirements of this section do not apply to secure detention facilities, except when a juvenile is confined in post-dispositional detention.

                        Note: This should not be applicable to secure detention and post-dispositional detention programs because Board of Juvenile Justice Standard have a five day plan that is addressed

• 22 VAC 42-11-810 Medication 

F. A medication administration record shall be maintained of all medicines received by each resident and shall include: 1. Date the medication was prescribed; 2. Drug name; 3. Schedule for administration; 4. Strength; 5. Route; 6. Actual time administered; 7. Identity of the individual who administered the medication; and 8. Dates the medication was discontinued or changed.

                        Note: Recommend the regulation be revised to agree with Medication Agent Training received by detention employees through out the Commonwealth and give the one hour window to document that medication was administered.

• 22 VAC 42-11-860:   Behavior support. 

            A. Within 30 days of admission, the provider shall develop and implement a written behavior support plan that allows the resident to self-manage his own behaviors.  Each individualized plan shall include: 1. Identification of positive and problem behavior; 2. Identification of triggers for behaviors; 3. Identification of successful intervention strategies for problem behavior; 4. Techniques for managing anger and anxiety; and 5. Identification of interventions that may escalate inappropriate behaviors.

B. Individualized behavior support plans shall be developed in consultation

with the:1. Resident; 2. Legal guardian; 3. Resident’s parents, if applicable; 4. Program director; 5. Placing agency staff; and 6. Other applicable individuals.

C. Prior to working alone with an assigned resident each staff member shall

demonstrate knowledge and understanding of that resident’s behavior support plan.

Note: Recommend secure detention is exempt from this regulation.  The average length of stay in predisposition detention is twenty three (23) days. 

Submitted by Krystal R. Kimrey, Executive Director