Review 522

Date Filed: 8/28/2000

Notice of Periodic Review

Pursuant to Executive Order Number Twenty-five (98),the Department of Juvenile Justice is reviewing the regulation entitled Standards for Non-residential Services Available to Juvenile and Domestic Relations District Courts (6 VAC 35-150-10 et seq.) to determine if the regulation should be terminated, amended or retained in its current form.

The Department seeks public comment regarding the regulation's essentiality in protecting the public safety, the regulation's effectiveness in achieving its intended specific and measurable goals, whether the regulation is clearly written and easily understandable, and suggestions as to less burdensome and intrusive alternatives to the regulations.

The summary that appeared with the publication of the Final Regulations in the Virginia Register of October 13, 1997 (Volume 14, Issue 2) states: "The regulation establishes minimum standards for court service staffs and related supportive personnel so that 'uniform services, insofar as is practical, will be available to juvenile and domestic relations district courts throughout the Commonwealth.' (§ 16.1-233 C of the Code of Virginia.)"

"The regulation also establishes standards for the development, implementation, operation and evaluation of the nonresidential community-based programs and services such as those established by the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq. Of the Code of Virginia)."

"The regulation seeks to balance the goal of establishing statewide minimum levels of service delivery with the goal of permitting program flexibility to meet diverse local circumstances. The regulation places increased emphasis on outcomes and effectiveness and less emphasis on the measurement of inputs or activities."

Specifically, the Department is seeking to determine:

Whether the regulation ensures that "uniform services, insofar as is practical, will be available to juvenile and domestic relations district courts throughout the Commonwealth"?

Whether the regulation, particularly as applicable to intake and supervision, adequately protect the public safety?

Whether the regulation succeeds in balancing the goal of statewide minimum levels of service delivery with the goal of permitting program flexibility to meet diverse local circumstances?


Whether the regulation appropriately focuses on outcomes and effectiveness as opposed to the measurement of inputs or activities?


6 VAC 35-150-55. Is the caseload requirement meaningful and adequate?

6 VAC 35-150-200. Is the standard adequate to protect staff and the public in court service units?

6 VAC 35-150-270. Should the standard mention the automated intake information system? Should this standard, or one of the following standards on intake, address the criteria for detention??

6 VAC 35-150-310. Should the standard be revised to reflect changes in the Code of Virginia regarding post-dispositional detention? Should the standard address the issue of criteria or qualification for post-dispositional detention?

6 VAC 35-150-335 et seq. Should the standards governing probation, parole and other supervision address the question of "intensive" supervision, including risk assessment or other criteria, and minimum standards of contact for juvenile under intensive supervision?

6 VAC 35-150-350. Should the family involvement plan required in part C be more closely integrated into the staffing process at the Reception and Diagnostic Center??
Should the report on the family's progress required in part D be more closely integrated into the facility's requirement to conduct a 90-day review of the ward's progress in the individualized treatment plan? Should the written supervision plan required in part E. be tied more specifically to the ward's early release date, rather than to the "anticipated release date"?

6 VAC 35-150-420. Can the purpose of the 30-day contact with JCC staff and the 90-day contact with wards be accomplished in some other way?

PART III. STANDARDS FOR PROGRAMS AND SERVICES

6 VAC 35- 150-430. Is the requirement for the program to state the "methods and criteria for evaluating program effectiveness" (part 5) adequate?

6 VAC 35-150-440. Are the requirements for employee background checks appropriate?

6 VAC 35-150-470. Are the time limitations realistic?

Are the "Guidelines for transporting juveniles in detention" appropriate?

Publication of Notice in the Register and Public Comment Period

Comments Received: 0

Review Result

Amend the regulation

Attorney General Certification

Prior to early 2014, AG periodic review certifications were done off-line