Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 89
Petition Information
Petition Title Amend existing regulations regarding protection of human rights request E
Date Filed 9/15/2009   
Petitioner Steven Shoon 
Petitioner's Request

Regulation governing different legal statuses of inpatient hospitalization and their discharge criteria, should repeal the provision requiring or allowing a "provider" to wait until after 30 days from admission to inform the involuntarily, civilly committed patients' of their right to seek discharge from the facility director and their right to seek legal appeal of their civil commitment order to the Circuit Court pursuant to § 37.2-830.

Agency's Plan

The Board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Comment Period Began 10/12/2009    Ended 11/9/2009
Agency Decision Take no action [Transmittal Sheet]    
Response Date 12/8/2009
Agency Decision Summary

The Board determined that 12 VAC35-115-70 (B)(8)(b) neither requires nor allows a provider to wait for 30 days after admission to notify the individual receiving services of his right to appeal an order of involuntary commitment.

Contact Information
Name / Title: Linda B. Grasewicz  / Senior Planner
Address: 1220 Bank Street
Richmond, 2318-1797
Email Address:
Telephone: (804)786-0040    FAX: (804)371-0092    TDD: (804)371-8977