Yes<\/a> <\/td>\n <\/tr>\n \n | \n Are there admissions requirements? <\/td>\n | \n Yes. 12VAC35-46-640. Admission procedures. A. The facility shall have written criteria for admission that shall include: 1. A description of the population to be served; 2. A description of the types of services offered; 3. Intake and admission procedures; 4. Exclusion criteria to define those behaviors or problems that the facility does not have the staff with experience or training to manage; and 5. Description of how educational services will be provided to the population being served. B. The facility shall accept and serve only those children whose needs are compatible with the services provided through the facility unless a child's admission is ordered by a court of competent jurisdiction. C. Acceptance of a child as eligible for respite care by a facility approved to provide residential respite care is considered admission to the facility. Each individual period of respite care is not considered a separate admission. D. Each facility shall provide documentation showing proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's program description as defined by the facility's criteria of admission. 12VAC35-46-710. Application for admission. B. Providers shall develop, and fully complete prior to acceptance for care, an application for admission that is designed to compile information necessary to determine: 1. The educational needs of the prospective resident; 2. The mental health, emotional, and psychological needs of the prospective resident; 3. The physical health needs, including the immunization needs, of the prospective resident; 4. The protection needs of the prospective resident; 5. The suitability of the prospective resident's admission; 6. The behavior support needs of the prospective resident; 7. Family history and relationships; 8. Social and development history; 9. Current behavioral functioning and social competence; <\/td>\n <\/tr>\n |
\n | \n Are the parents and the admitted child required to be informed of their rights, the process to report violations of those rights, and the program's role in protecting those rights before admission? <\/td>\n | \n Yes. 12VAC35-105-690. Orientation. A. The provider shall implement a written policy regarding the orientation of individuals and their authorized representatives, if applicable to services. B. As appropriate to the scope and level of services the policy shall require the provision to individuals and authorized representatives the following information: 1. The mission of the provider or service; 2. Service confidentiality practices and protections for individuals receiving services; 3. Human rights policies and protections and instructions on how to report violations; <\/td>\n <\/tr>\n |
\n | \n Does the State define institutional abuse and neglect? <\/td>\n | \n No. Not institutional abuse. 12VAC35-105-20. Definitions and units of measurement. \"Abuse\" means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Virginia Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as: 1. Rape, sexual assault, or other criminal sexual behavior; 2. Assault or battery; 3. Use of language that demeans, threatens, intimidates, or humiliates the individual; 4. Misuse or misappropriation of the individual's assets, goods, or property; 5. Use of excessive force when placing an individual in physical or mechanical restraint; 6. Use of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professional accepted standards of practice, or his individualized services plan; or 7. Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with his individualized services plan., Neglect. \"Neglect\" means the failure by a person, or a program or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. <\/td>\n <\/tr>\n |
\n | \n Are there civil penalties for violations of institutional child abuse and neglect? <\/td>\n | \n No Information <\/td>\n <\/tr>\n |
\n | \n Does the State prohibit mail censorship? <\/td>\n | \n Yes. 12VAC35-46-920. Prohibitions. 4. Delay or withholding of incoming or outgoing mail, except as permitted by other applicable state and federal regulations or by order of a court of competent jurisdiction; Interpretation of \u00a7 920.4: Federal law prohibits the tampering with another individual\u2019s mail. Any need to limit or prohibit communication between a resident and another person would be governed by federal postal regulations. Facility personnel may withhold mail of minors if the legal guardians document their approval of or request for withholding mail. In these instances, facilities should ask the legal guardian what to do with the unopened mail. Facilities may have the resident open mail in the presence of staff when there is a concern for the resident\u2019s safety or well-being or an indication that contraband may be concealed. Mail must be promptly given. 22VAC40-151-820. Prohibitions.4. Delay or withholding of incoming or outgoing mail, except as permitted by order of a court of competent jurisdiction; <\/td>\n <\/tr>\n |
\n | \n Does the state require that youth have access to guardians, legal counsel, welfare advocates, religious clergy and family\/friends via telephone as frequently as can be facilitated? <\/td>\n | \n Yes. 12VAC35-46-920. Prohibitions. 2. Limitation on contacts and visits with the resident's attorney, a probation officer, regulators, or placing agency representative; 3. Bans on contacts and visits with family or legal guardians, except as permitted by order of a court of competent jurisdiction; <\/td>\n <\/tr>\n |
\n | \n Does the state require that children be allowed visitors in private during normal visiting hours? <\/td>\n | \n No <\/td>\n <\/tr>\n |
\n | \n Is it required that youth receive individualized and appropriate mental health treatment that is evidence-based? <\/td>\n | \n Yes. 12VAC35-46-800. Structured program of care. A. There shall be evidence of a structured program of care designed to: 1. Meet the residents' physical and emotional needs; 2. Provide protection, guidance, and supervision; and 3. Meet the objectives of any required service plan. <\/td>\n <\/tr>\n |
\n | \n Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? <\/td>\n | \n 22VAC40-151-600. Participation of Residents in Human Research. The provider shall: 1. Implement a written policy stating that residents will not be used as subjects of human research; or 2. Document approval, as required by the department, for each research project using residents as subjects of human research, unless such research is exempt from review. <\/td>\n <\/tr>\n |
\n | \n Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? <\/td>\n | \n Yes. 12VAC35-46-970 Education & 22VAC40-151-860 Education - A. Each resident of compulsory school attendance age shall be enrolled, as provided in the Code of Virginia, in an appropriate educational program within five school business days. Documentation of the enrollment shall be kept in the resident's record. B. The provider shall ensure that educational guidance and counseling in selecting courses is provided for each resident and shall ensure that education is an integral part of the resident's total program. C. Providers operating educational programs for children with disabilities shall operate those programs in compliance with applicable state and federal statutes and regulations. D. When a child with a disability has been placed in a residential facility, the facility shall contact the division superintendent of the resident's home locality. Documentation of the contact with the resident's home school shall be kept in the resident's record. E. A provider that has an academic or vocational program that is not certified or approved by the Department of Education shall document that teachers meet the qualifications to teach the same subjects in the public schools. F. Each provider shall develop and implement written policies and procedures to ensure that each resident has adequate study time. <\/td>\n <\/tr>\n |
\n | \n Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? <\/td>\n | \n No <\/td>\n <\/tr>\n |
\n | \n Are youth provided with access to advocacy services and representation? <\/td>\n | \n 12VAC35-46-920. Prohibitions & 22VAC40-151-820 Prohibitions - 14. Limitation on contacts and visits with advocates employed by the Virginia Office for Protection and Advocacy <\/td>\n <\/tr>\n |
\n | \n Does the state require parental consent to all treatment received? <\/td>\n | \n No <\/td>\n <\/tr>\n |
\n | \n Is a grievance procedure required for youth and families? <\/td>\n | \n Yes. 12VAC35-46-1090 Grievance procedures & 22VAC40-151-980 Grievance Procedures - A. The provider shall develop and implement written policies and procedures governing the handling of grievances by residents. If not addressed by other applicable standards, the policies and procedures shall: 1. Be written in clear and simple language; 2. Be communicated to the residents in an age or developmentally appropriate manner; 3. Be posted in an area easily accessible to residents and their parents and legal\nguardians; 4. Ensure that any grievance shall be investigated by an objective employee who is not the subject of the grievance; and 5. Require continuous monitoring by the provider of any grievance to assure there is no retaliation or threat of retaliation against the child. <\/td>\n <\/tr>\n |
\n | \n Is youth consent required for all treatment received? <\/td>\n | \n No <\/td>\n <\/tr>\n |
\n | \n Does the State have zoning and occupancy requirements for structures being used to house youth in residential settings? <\/td>\n | \n Yes. 12VAC35-46-420 Buildings, inspections and building plans & 22VAC40-151-360. Buildings, Inspections and Building Plans - A. All buildings and building related equipment shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy <\/td>\n <\/tr>\n |
\n | \n Is there regulation on physical restraint? <\/td>\n | \n Yes. 12VAC35-46-930\/22VAC40-151-830. Pharmacological or Mechanical Restraints. A. Use of mechanical restraints is prohibited. B. Use of pharmacological restraints is prohibited. (2) 12VAC35-46-940.(G). Trained staff members may physically restrain a resident only after less restrictive interventions have failed or when failure to restrain would result in harm to the resident or others. (J) Providers shall ensure that restraint may only be implemented, monitored, and discontinued by staff who have been trained in the proper and safe use of restraint, including hands-on techniques. <\/td>\n <\/tr>\n |
\n | \n Is there regulation on chemical restraint? <\/td>\n | \n Prohibited. 12VAC35-46-930\/22VAC40-151-830. Pharmacological or Mechanical Restraints. A. Use of mechanical restraints is prohibited. B. Use of pharmacological restraints is prohibited. (2) 12VAC35-46-940.(G). Trained staff members may physically restrain a resident only after less restrictive interventions have failed or when failure to restrain would result in harm to the resident or others. (J) Providers shall ensure that restraint may only be implemented, monitored, and discontinued by staff who have been trained in the proper and safe use of restraint, including hands-on techniques. <\/td>\n <\/tr>\n |
\n | \n Is there regulation on mechanical restraint? <\/td>\n | \n Prohibited. 12VAC35-46-930\/22VAC40-151-830. Pharmacological or Mechanical Restraints. A. Use of mechanical restraints is prohibited. B. Use of pharmacological restraints is prohibited. (2) 12VAC35-46-940.(G). Trained staff members may physically restrain a resident only after less restrictive interventions have failed or when failure to restrain would result in harm to the resident or others. (J) Providers shall ensure that restraint may only be implemented, monitored, and discontinued by staff who have been trained in the proper and safe use of restraint, including hands-on techniques. <\/td>\n <\/tr>\n |
\n | \n Is there regulation on seclusion? <\/td>\n | \n Allowed <\/td>\n <\/tr>\n <\/table>\n<\/div> |