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 an opportunity for public comment on applications for proposed 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: DBHDS is seeking comment on the applications for proposed renewal of the following existing variances to the Human Rights Regulations at five private providers.
I. 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, and the clinical treatment team, if applicable.
II. 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).
III. 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.
Variances to these regulations by the providers listed above are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variances as requested. These proposed variance renewals are expected to be considered by the State Human Rights Committee at its meeting on August 17, 2023.
Public comment period: July 3, 2023, through August 2, 2023.
Description of proposal: The proposed variance applications for renewal must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.
How to comment: In addition to the online forum, DBHDS also accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.
To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.
Contact Information: Taneika Goldman 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) 786-3988, FAX 833-734-2308, or email taneika.goldman@dbhds.virginia.gov.
| Name / Title: | Taneika Goldman / Director, Office of Human Rights |
| Address: |
DBHDS Office of Human Rights 1220 Bank St., Jefferson Building - 4th Floor Richmond, 23219 |
| Email Address: | taneika.goldman@dbhds.virginia.gov |
| Telephone: | (804)371-0064 FAX: (833)734-1241 TDD: (804)371-8977 |