Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Operation of the Individual and Family Support Program [12 VAC 35 ‑ 230]
Amendments to establish criteria and annual funding priorities through the Annual Funding Program Guidelines and ensure public input.
Action 5999
General Information
Action Summary DBDHS was directed by the 2022 General Assembly within Item 313.NN. of the 2022 Appropriation Act (Chapter 2, 2022 Special Session 1 Acts of Assembly) to utilize emergency authority to promulgate regulations that change the current distribution of annual Individual and Family Support Program (IFSP) funds from a ‘first-come-first-served’ basis to one based on program categories and set criteria. Specifically, DBHDS is authorized to create an annual public input process that shall include a survey of needs and satisfaction in order to establish plans for the disbursement of IFSP funding in consultation with the IFSP State Council. Based on the Council's recommendation and information gathered during the public input period, the department will draft program guidelines to establish annual funding priorities. The department will establish program criteria for each of the required program categories and publish them as part of annual IFSP guidelines developed collaboratively by the department and the department’s IFSP State Council. Additionally, program guidelines shall establish eligibility criteria, the award process, appeals processes, and any other protocols necessary for ensuring the effective use of state funds. All criteria will be published prior to opening the funding opportunity. The goal of this regulatory action is to facilitate compliance with the U. S. Department of Justice’s Settlement Agreement with Virginia (United States of America v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG) (
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [4560]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
United States of America v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG
Associated Mandates Operation of the Individual and Family Support Program
New Periodic Review This action will be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
9690 Emergency/NOIRA Stage complete. This regulation became effective on 01/19/2023 and expires on 07/18/2024.
10065 Proposed Stage complete. Comment period ended 04/26/2024.
10343 Final Submitted to the Registrar and awaiting publication (06/17/2024).
Contact Information
Name / Title: Ruth Anne Walker  / Director of Regulatory Affairs
Address: Jefferson Bldg.
1220 Bank St., 4th Floor
Richmond, VA 23219
Email Address:
Phone: (804)225-2252    FAX: (804)371-4609    TDD: (804)371-8977

This person is the primary contact for this board.