The petitioner requests the Board of Juvenile Justice to amend its regulation regarding resident classification plans (6VAC35-140-440) in secure residential facilities to provide for a process that implements the policies of the Board and is consistent with the goals of the juvenile justice system.  The amended regulation should create a classification plan that has due process safeguards, provides for a meaningful ability for a resident's classification level to be lowered, takes into account and gives appropriate weight to factors other than the committing offense(s), and is derived from evidence-based and outcome driven research. 

A copy of the full petition is available from Janet P. Van Cuyk, Virginia Department of Juvenile Justice, by mail at: P.O. Box 1110, Richmond, Virginia 23218-1110; by facsimile at: (804) 371-0773; via electronic mail at: janet.vancuyk@djj.virginia.gov. 

The Board of Juvenile Justice will consider this petition at the next scheduled meeting after the public has had sufficient time to comment.  The petition will be published in the Virginia Register of Regulations on July 18, 2011 and will be open for public comment through August 9, 2011.

Comments should be submitted through the Virginia Regulatory Town Hall or to Janet P. Van Cuyk by mail at P.O. Box 1110, Richmond, Virginia 23218-1110, by electronic mail to janet.vancuyk@djj.virginia.gov, or by facsimile at (804)371-0773. 

On September 27, 2011, the Board of Juvenile Justice (Board) voted to take no action on the petition for rulemaking.  In deciding to deny the petition, the Board stated that it did not want to initiate the rulemaking process for a change to 6VAC35-140-440 when there are three pending regulatory actions involving that regulatory Chapter (proposed 6VAC35-41, 6VAC35-71, and 6VAC35-101).  Since these proposed chapters are currently going through the regulatory process, the Board expressed a desire to not create confusion by amending the existing regulation when those actions are not final.