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 a decision on applications for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC).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 referenced 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 applications also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance.

Purpose of notice: After considering all available information, at its meeting on August 17, 2023, the SHRC voted to approve the below listed applications for variances to the Human Rights Regulations for a three-year period, with quarterly updates to the local human rights committee, annual updates to the SHRC and assurance that any human rights complaints/violations associated with the variances are reported to the Regional Advocate within 24 hours of discovery. Additionally, the SHRC required that Kempsville Center for Behavioral Health continue the staffing ratio of one staff member per a maximum of three individuals, while unit restrictions are being implemented.

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, the resident, and/or the Clinical Treatment Team.

1. Holiday House of Portsmouth (C.8. only).
2. The Barry Robinson Center.
3. Kempsville Center for Behavioral Health.
4. Newport News Behavioral Health Center

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).

1. Harbor Point Behavioral Health Center
2. Kempsville Center for Behavioral Health (Requiring an individual earn points through a level system in order to access the store.)
3. Newport News Behavioral Health Center (A.1.a only)

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.

1. Kempsville Center for Behavioral Health.  (At times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from their assigned unit for periods longer than 30 minutes.)

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.