6VAC35-150 Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts

REGULATIONS

Vol. 25 Iss. 22 - July 06, 2009

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF JUVENILE JUSTICE

Chapter 150

Proposed Regulation

Title of Regulation: 6VAC35-150. Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts (amending 6VAC35-150-10, 6VAC35-150-30, 6VAC35-150-40, 6VAC35-150-50, 6VAC35-150-60, 6VAC35-150-80, 6VAC35-150-90, 6VAC35-150-100, 6VAC35-150-110, 6VAC35-150-130, 6VAC35-150-140, 6VAC35-150-200 through 6VAC35-150-320, 6VAC35-150-335, 6VAC35-150-340, 6VAC35-150-350, 6VAC35-150-380 through 6VAC35-150-425, 6VAC35-150-430, 6VAC35-150-435, 6VAC35-150-450 through 6VAC35-150-510, 6VAC35-150-530, 6VAC35-150-540, 6VAC35-150-550, 6VAC35-150-620, 6VAC35-150-640, 6VAC35-150-670, 6VAC35-150-680, 6VAC35-150-690; adding 6VAC35-150-62, 6VAC35-150-64, 6VAC35-150-66, 6VAC35-150-336, 6VAC35-150-355, 6VAC35-150-365, 6VAC35-150-415, 6VAC35-150-615; repealing 6VAC35-150-20, 6VAC35-150-35, 6VAC35-150-55, 6VAC35-150-70, 6VAC35-150-150, 6VAC35-150-160, 6VAC35-150-165, 6VAC35-150-175, 6VAC35-150-180, 6VAC35-150-190, 6VAC35-150-330, 6VAC35-150-370, 6VAC35-150-427, 6VAC35-150-440, 6VAC35-150-560, 6VAC35-150-570, 6VAC35-150-590, 6VAC35-150-600, 6VAC35-150-610, 6VAC35-150-650, 6VAC35-150-660, 6VAC35-150-700, 6VAC35-150-710, 6VAC35-150-720, 6VAC35-150-730, 6VAC35-150-740).

Statutory Authority: §§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until September 4, 2009.

Agency Contact: Janet Van Cuyk, Regulatory Coordinator, Department of Juvenile Justice, 700 E. Franklin Street, 4th Floor, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Basis: The Board of Juvenile Justice (the board) is entrusted with general authority to promulgate regulations by § 66-10 of the Code of Virginia. Additionally, the board is mandated by §§ 16.1-233 and 16.1-309.9 of the Code of Virginia to issue regulations pertaining to court service units and other nonresidential services. Section 16.1-233 of the Code of Virginia requires the board to regulate court service unit staff, including their appointment and function, with the goal of establishing, as much as practicable, uniform services for juvenile and domestic relations courts throughout the Commonwealth. Moreover, § 16.1-309.9 of the Code of Virginia requires the board to regulate the "development, implementation, operation and evaluation of the range of community-based programs, services and facilities authorized" by the Virginia Juvenile Community Crime Control Act (VJCCCA).

Purpose: The Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts, 6VAC35-150, establish minimum requirements for the operation of state and locally operated court service units and for nonresidential programs available to the juvenile and domestic relations district courts, including those funded through the VJCCCA. The provisions for court service units include guidance for processing delinquency petitions at intake, making decisions whether to detain alleged delinquent juveniles, and supervising probationers and parolees. Additionally, the regulation establishes standards for the development, implementation, operation, and evaluation of the nonresidential community-based programs and services, such as those established by the VJCCCA (§ 16.1-309.2 et seq. of the Code of Virginia), which provide treatment and supervision for juveniles, who are before the court or an intake officer, and are designed to divert juveniles from becoming further involved with the juvenile justice system.

The last comprehensive review of the regulation was completed in 2002. Since that time, the board has promulgated several other regulations as required by law. Sections of these regulations guide the operations of court service units, which are the primary subject of this regulation. Where applicable, those regulations are clearly referenced, and the proposed amendments in this regulation will streamline the applicability of each provision. Moreover, during the periodic review period, the regulation was reviewed in light of current statutes, regulations, and practices. As a result of this review, it was determined that a comprehensive review of and substantive changes to the regulation were necessary. The proposed amendments incorporate changes recommended by a committee of individuals representing state and locally operated court service units. The proposed changes enhance the clarity of the regulation with the goal of developing provisions that are reasonable, prudent, and will not impose an unnecessary burden on its regulants or the public.

Substance: The proposed regulation contains the following changes:

6VAC35-150-10 (Definitions): the definitions and terms have been updated for clarity and consistency with other regulations promulgated by the board;

6VAC35-150-10 and 6VAC35-150-40 (Variances): the term "variance" is defined and the section of the board's certification regulations related thereto is cross-referenced;

6VAC35-150-10, 6VAC35-150-130 (Research), and 6VAC35-150-500 (Juvenile participation in research): the term "human research" is defined and the provisions related thereto cross-reference the governing statute and regulations, which were enacted after the last review of this regulation;

6VAC35-150-55 (Probation officers' caseload): repealed given the broad nature of the existing verbiage ("other factors" could include anything) and the reality that court service units must comply with any court order for supervision;

6VAC35-150-66 (Procedures for handling funds – formerly 6VAC35-150-190): amended to govern only those funds over which the board has regulatory authority;

6VAC35-150-70 (Court service unit director and staff): repealed as position descriptions, employee work profiles, and performance plans are required by the state's Department of Human Resources Management. Additionally, the duties of the directors are, in part, governed by statute;

6VAC35-150-80 (Background checks): amended for conformity with the background checks required for children's residential programs;

6VAC35-150-90 (Training): amended to require training as required by an employee's job duties and training needs. The specific hours of training requirement were removed;

6VAC35-150-140 (Records management): subsection E was stricken as it addresses the contents of files for postdispositional residential care, which is not governed by this regulation. Please note that 6VAC35-150-310 was amended to require certain information in the case record for juveniles subject to such placements;

6VAC35-150-165 (Custody investigations): repealed as very few court service units are required to complete custody investigations and, of those who continue to be ordered to complete such investigations, the form and content are governed by local court requirements, procedures, and practices;

6VAC35-150-200 (Security and safety procedures): amended to require training on crisis intervention and prevention techniques for the office and the field;

6VAC35-150-210 (Physical force): amended to clearly detail the circumstances under which force may be utilized;

6VAC35-150-220 (Searches): amended to clarify that such searches may include a search of the immediate area surrounding the individual;

6VAC35-150-260 (Transportation of detained juveniles): subsection B was stricken as it is governed by the transportation guidelines;

6VAC35-150-270 (Intake duties) and 6VAC35-150-290 (Intake communication with detention): the references to the juvenile tracking system have been removed and replaced with references to the applicable electronic data collection system;

6VAC35-150-310 (Postdispositional detention): amended to clarify that it applied only to postdispositional placement greater than 30 days. It also dictates what information must be contained in the case record when a juvenile is subject to such placement;

6VAC35-150-320 (Notice of juvenile's transfer): amended to clarify that the court service unit did not have to separately notify a juvenile's parents of his transfer when the juvenile's parents already had knowledge of the transfer;

6VAC35-150-335 (Diversion): the limit on the duration of diversion was extended from 90 to 120 days (except in cases of truancy). After the 120 days, the intake officer is prohibited from filing a petition on the acts of offenses precipitating the initial referral;

6VAC35-150-336 (Social histories): incorporates, consolidates, and removes specific procedural requirements previously contained in 6VAC35-150-150 (Reports for the court) and 6VAC35-150-160 (Social history). Many of the requirements for such reports to the court, which are statutorily provided, were deleted;

6VAC35-150-350 (Supervision plans for juveniles): parts addressing issues when a juvenile is in direct care were moved to 6VAC35-150-415 (Supervision of juvenile in direct care). Other procedural aspects were stricken;

6VAC35-150-355 (Supervision of juveniles on electronic monitoring): added to require procedures to govern electronic monitoring programs (such procedures were required by former Part III, Article 4);

6VAC35-150-365 (Supervision of adult on probation): added to address specific supervision issues;

6VAC35-150-370 (Placements in the community): repealed as such contacts would be required by the supervision plan;

6VAC35-150-390 (Transfer of case supervision): amended to clarify when and how case supervision may be transferred;

6VAC35-150-410 (Commitment information): requires the commitment information to precede (rather than precede or accompany) the juvenile's arrival at RDC;

6VAC35-150-415 (Supervision of juvenile in direct care): added to address specific supervision issues;

6VAC35-150-430 (Program requirements): adds to the programmatic prerequisites for programs. It also cross-references the background check requirement for court service units (and, thus, 6VAC35-150-440 [Employee and volunteer background check] has been deleted). It further incorporates the provisions of former 6VAC35-150-590 (Referrals) and 6VAC35-150-570 (Response to crisis);

6VAC35-150-435 (Contracted services): amended to clarify that contracted services are subject to the same standards as programs subject to the regulation;

6VAC35-150-600 (Surveillance officers) and 6VAC35-150-610 (Substance abuse and testing services): repealed as they are incorporated into the definition of programs or contract services (and thus are already governed by the regulation);

6VAC35-150-615 (Applicability of Part III, Article 2): added to clarify to which programs Article 2 is applicable;

6VAC35-150-620 (Supervision of juveniles): subsection B was stricken as some nonresidential programs may provide peer mentoring, etc.; and liability requirements would govern the remaining parts;

6VAC35-150-640 (Emergency and fire safety): broadened to govern different types of emergencies;

6VAC35-150-680 (Physical and mechanical restraints and chemical agents): expanded to prohibit use of chemical agents; and

Article 4 (Electronic monitoring): this article has been stricken given the procedural aspects of the existing provisions and the applicability of Part III to any such programs. The requirement for procedures is now contained in 6VAC35-150-355.

Many of the sections have been moved and/or grouped differently for clustering of related provisions:

6VAC35-150-62 (Suitable quarters: moved from 6VAC35-150-175 under Budget and Finance to the part dealing with Administration;

6VAC35-150-64 (Prohibited financial transactions): moved from 6VAC35-150-180 under Budget and Finance to the part dealing with Administration;

6VAC35-150-66 (Procedures for handling funds): moved from 6VAC35-150-190 under Budget and Finance to the part dealing with Administration;

6VAC35-150-336 (Social histories): moved from 6VAC35-150-150 and 6VAC35-150-160 under Administration to Probation, Parole, and Other Supervision.

6VAC35-150-510 C (Case management requirements): incorporates former 6VAC35-150-560; and

6VAC35-150-670 (Juveniles' medical needs): incorporates former 6VAC35-150-650 and 6VAC35-150-660.

Also, unnecessary verbiage has been deleted (i.e.; 6VAC35-150-20 and 6VAC35-150-30 are recommended for repeal) and other technical and stylistic changes were made.

Issues: This regulation is essential to protect the public safety by providing for the supervision of delinquent juveniles. The regulation includes standards for both state and locally operated court service units, to ensure that "uniform services, insofar as is practical, will be available to juvenile and domestic relations district courts throughout the Commonwealth." (§ 16.1-233 C of the Code of Virginia.) The regulation provides guidance for processing alleged delinquent juveniles at intake, detaining delinquents, and supervising probationers and parolees in the community.

The regulation further protects the public safety by establishing standards for the development, implementation, operation, and evaluation of the nonresidential community-based programs and services such as those established by the VJCCCA. Such VJCCCA programs provide supervision and services to juveniles who are before the court or before a juvenile intake officer, with the goal of preventing those juveniles from further penetrating the juvenile justice system.

Having clear, concise, and consistent requirements across localities promotes the health, safety, and welfare of citizens by ensuring consistency in services throughout the Commonwealth. The proposed amendments would streamline the reporting requirements while not affecting (i) the quality of services provided by court service units and program or services providers or (ii) the ability of the department to oversee such functioning.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. As part of a periodic review, the Board of Juvenile Justice (Board) proposes to amend its Standards for Nonresidential Services Available to Juvenile and Domestic Relations Courts. Specifically, the Board proposes to:

• Shorten the regulation title to Standards for Non-Residential Services,

• Update the definition section and add certain terms for clarity and consistency,

• Rearrange some regulatory sections to improve clarity,

• Clarify requirements for volunteers and interns,

• Consolidate requirements for reporting to courts and remove obsolete statutory requirements,

• Clarify when certain procedures should be required for handling non-department funds,

• Update various cross references,

• Amend background check requirements and

• Modify continuing education (CE) requirements by removing language that requires all employees to complete 40 hours of CE annually.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Most of the Board's proposed regulatory changes are being made to consolidate and clarify what is required of Department of Juvenile Justice (DJJ) employees and volunteers who are subject to the Standards for Non-Residential Services. The Board proposes, for instance, to add definitions for terms that are used in the regulatory text but which may have meaning that would not be immediately clear. Regulated entities are very unlikely to incur any costs on account of these non-substantive proposed changes; regulated entities may, however benefit from having their rights and responsibilities under these regulations spelled out more clearly.

The Board is also proposing several substantive changes to the background check requirements and CE requirements in these regulations.

Currently, all new employees and other personnel (volunteers, providers of contractual services, etc.) are required to undergo 1) criminal history checks through the Virginia Criminal Information Network (VCIN) and the National Criminal Information Center (NCIC), 2) a Department of Motor Vehicles (DMV) check and 3) a fingerprint check through the Virginia State Police and the Federal Bureau of Investigation (FBI) Employees and volunteers who will have direct contact with juveniles must also undergo a child protective services registry check.

The Board proposes to amend these requirements so that volunteers and providers of contractual services will only have to undergo background/fingerprint checks if they will be alone with juveniles while performing their volunteer work/contract services. The Board also proposes to allow new employees to start work pending the results of their background checks so long as they are supervised when they are working with juveniles until DJJ receives the results of the background checks.

The Board still proposes to require background checks for these individuals before they are alone with juveniles so juveniles under the care of DJJ will likely be as well protected under the proposed regulations as they are under current regulations. Eliminating the requirement that all volunteers and contractors undergo background checks, however, will likely reduce the costs incurred by regulated entities or DJJ for these checks. DJJ will also likely benefit from being able to allow new employees to start work pending the outcome of background checks as this will allow DJJ to fill open positions more quickly.

Current regulations require all full-time employees who provide direct services to juveniles and their families to complete 40 hours of juvenile justice related CE each year. The Board proposes to amend this requirement by removing the reference to a specific number of hours required. The Board will instead allow DJJ to decide on an employee by employee basis how much CE is needed each year. This proposed change will allow DJJ to minimize costs associated with training (costs for labor to replace the training employees, course fees, etc) while still ensuring that employees get the training DJJ feels is necessary for them to perform their duties well.

Businesses and Entities Affected. These proposed regulations will affect all DJJ employees, volunteers and contractors who work with juveniles in a non-residential setting.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Juvenile Justice concurs with the economic impact analysis prepared by the Department of Planning and Budget regarding 6VAC35-150.

Summary:

This regulation was last reviewed in 2002, and, since then, a number of administrative changes have occurred. This regulation was reviewed in light of current practices and in consultation with representatives of state and locally operated court service units. The proposed changes will update regulatory provisions in light of best practices and with the goal of providing a user-friendly regulatory scheme for which the requirements for compliance are clearly delineated.

The proposed changes (i) update the definitions section and terms used for clarity and consistency with other regulations promulgated by the board; (ii) remove unnecessary verbiage; (iii) amend the background check section in light of recent statutory changes; (iv) clarify requirements for volunteers and interns; (v) streamline requirements for all reports to the court; (vi) clarify when procedures should be required for handling nondepartment funds; (vii) incorporate appropriate cross references to statutes, regulations, and guidance documents amended, enacted, or promulgated since the last review; (viii) formalize the process for obtaining a waiver of regulatory provisions; and (ix) amend the duties of court service unit staff in light of legislative changes since 2002.

CHAPTER 150
STANDARDS FOR NONRESIDENTIAL SERVICES AVAILABLE TO JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS

Part I
General Provisions

6VAC35-150-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Adult" means a person 18 years of age or older who is not a delinquent child as defined in § 16.1-228 of the Code of Virginia.

"Agency" means any governmental entity of the Commonwealth or any unit of local government including counties, cities, towns, and regional governments and the departments thereof, and including any entity, whether public or private, with which any of the foregoing has entered into a contractual relationship for the provision of services as described in this chapter.

"Alternative day services" or "structured day treatment" means nonresidential programs that provide services, which may include counseling, supervision, recreation, prevocational services, and education, to juveniles at a central facility.

"Approved procedures" means (i) standard procedures issued by the Department of Juvenile Justice, which apply to all state-operated court service units and which may be voluntarily observed by locally operated court service units; or (ii) variants modifications to the standard procedures approved by the deputy director of community programs or his designee for individual state operated court service units; or (iii) procedures for locally operated court service units approved in accordance with local policies and reviewed by the director or his designee procedures.

"Behavior management" means the planned and systematic use of various techniques selected according to group and individual differences of juveniles and designed to teach awareness of situationally appropriate behavior, strengthen desirable behavior, and reduce or eliminate undesirable behavior those principles and methods employed to help a juvenile achieve positive behavior and to address and correct a juvenile's inappropriate behavior in a constructive and safe manner, in accordance with written procedures governing program expectations, treatment goals, juvenile and staff safety and security, and the juvenile's individual service plan.

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information regarding one person, an individual and the person's individual's family, if applicable, that is maintained in accordance with approved procedures.

"Counseling" means the planned use of interpersonal relationships to promote behavioral change or social adjustment.

"Counselor" means an individual who provides counseling.

"Court service unit," "CSU," or "unit" means a state or locally operated court service unit established pursuant to §§ 16.1-233 and 16.1-235 of the Code of Virginia.

"Department" means the Department of Juvenile Justice.

"Direct care" means the time during which a resident, who is committed to the department pursuant to §§ 16.1-272, 16.1-285.1, or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia, is under the supervision of staff in a juvenile correctional center or other juvenile residential facility operated by or under contract with the department.

"Diversion" means the provision of counseling, informal supervision, programs and, or services, or a combination thereof, which is consistent with the protection of the public safety, to youth who can be cared for or treated through alternatives to the juvenile justice system and the welfare of the juvenile as provided for in § 16.1-227 §§ 16.1-227 and 16.1-260 of the Code of Virginia.

"Electronic monitoring" means the use of electronic devices, including, but not limited to, voice recognition and global positioning systems, to verify a person's juvenile's or adult's compliance with certain judicial orders or conditions of release from incarceration, or as an alternative to detention, or as a short-term sanction for noncompliance with rules of probation or parole.

"Human research" means any medical or psychological investigation designed to develop or contribute to general knowledge by using human subjects who may be exposed to possible physical or psychological injury as a consequence of participation as subjects and which departs from the application of established and accepted methods appropriate to meet the subjects' needs as defined by § 32.1-162.16 of the Code of Virginia and 6VAC35-170.

"Individual service plan" means a written plan of action developed, updated as needed, and modified at intervals, to meet the needs of each a juvenile or an adult. It specifies measurable short-term and long-term goals, the methods objectives, strategies, and times time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Individual supervision plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan. Individual supervision plans are applicable during probation and parole and for treatment of a juvenile or an adult and the services for the juvenile's family for the time during which a juvenile is committed to the department.

"Intake" means the process for screening complaints and requests alleged to be within the jurisdiction of the juvenile and domestic relations district court pursuant to § 16.1-260 of the Code of Virginia.

"Intake officer" means the probation officer who is authorized to perform the intake function as provided in § 16.1-260 of the Code of Virginia.

"Intensive supervision" means frequent contacts, strict monitoring of behavior, and counseling provided to predispositional or postdispositional youth who are at high risk of committing new offenses.

"Juvenile," "youth" or "child" means a person less than 18 years of age an individual less than 18 years of age, a delinquent child, a child in need of supervision, or a child in need of services as defined in § 16.1-228 of the Code of Virginia. For the purpose of this regulation, "juvenile" includes an individual, regardless of age, who is or has been before the court, who was under the age of 18 at the time of the offense or act, who is under supervision or receiving services from a court service unit or a program under contract with or monitored by the unit, or who is committed to the department.

"Local plan" means a document or set of documents prepared by one or more localities pursuant to § 16.1-309 3 D of the Code of Virginia, describing a range of community-based sanctions and services addressing individual juvenile offenders' needs and local juvenile crime trends.

"Mechanical restraint" means equipment used to physically restrain or control a person's behavior, such as handcuffs, shackles or straightjackets the use of a mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of a person's body as a means to control physical activity when the individual being restricted does not have the ability to remove the device.

"Nonresidential services" means community-based services that are not part of a residential program, including those provided by a residential program to nonresidents.

"Outreach detention" means intensive supervision, which includes frequent contacts, strict monitoring of behavior, and case management, if applicable, of youth who might otherwise be a juvenile as an alternative to placement in secure detention or shelter care.

"Parole" means supervision of an individual a juvenile released from commitment to the department as provided for by § 16.1-293 §§ 16.1-285, 16.1-285.1, and 16.1-285.2 of the Code of Virginia.

"Physical restraint" means the application of approved techniques by trained program staff to control the actions of juveniles by means of physical contact that involves a physical intervention or a "hands-on" hold to prevent the individual from moving his body when that individual's behavior places him or others at imminent risk.

"Probation" means a court-ordered disposition placing an individual placement of a juvenile or an adult under the supervision of a probation officer.

"Program" or "service" means the planned application of staff and resources to achieve the stated mission for working with juveniles and, if applicable, their families identified in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia.

"Provider" means an agency, organization or association that runs a program or service a person, corporation, partnership, association, organization, or public agency that is legally responsible for compliance with regulatory and statutory requirements relating to the provision of services or the functioning of a program.

"Shall" means an obligation to act is imposed.

"Substance abuse assessment and testing" means a qualified professional's assessment and evaluation of the nature of, and the factors that contribute to, individual or family problems associated with substance abuse, and recommendations for treatment and related services.

"Supervision" means visiting or making other contact with, or providing treatment, rehabilitation, or services to a juvenile as required by the court or, by an intake officer, or for parole purposes.

"Supervision plan" means a written plan of action, updated as needed, to provide supervision and treatment for a specific individual. It specifies needs, goals, methods, time frames, and who is responsible for each step. A single supervision plan may include, as appropriate, specific plans for supervision during probation and parole, and for treatment of a youth and services for the youth's family during commitment.

"Surveillance officer" means a person, other than a probation or parole officer, who makes contact with a juvenile under supervision to verify the juvenile's presence at work, school, home, etc. A surveillance officer may be an employee of a court service unit or other service provider, or a properly trained and supervised volunteer.

"Tamper" means any accidental or purposeful alteration to electronic monitoring equipment that interferes with or weakens the monitoring system.

"Time-out" means a systematic behavior management technique designed to reduce or eliminate inappropriate behavior by temporarily removing a juvenile from contact with people or other reinforcing stimuli.

"Unit" or "CSU" means court service unit.

"Variance" means a board action that relieves a program from having to meet or develop a plan of action for the requirements of a section or subsection of this chapter.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides goods or services to the program without compensation.

6VAC35-150-20. Previously adopted regulations superseded. (Repealed.)

These Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts supersede:

1. 6VAC35-80-10 et seq., Holdover Standards, issued by the Board of Youth and Family Services, September 9, 1992;

2. 6VAC35-110-10 et seq., Minimum Standards for Court Services in Juvenile and Domestic Relations District Courts, issued by the Board of Corrections January 12, 1983, and adopted by the Board of Youth and Family Services July 12, 1990; and

3. 6VAC35-130-10 et seq., Standards for Outreach Detention, adopted by the State Board of Corrections on June 9, 1981, revised on March 3, 1983, and adopted by the State Board of Youth and Family Services in 1990.

6VAC35-150-30. Applicability.

A. Parts I (6VAC35-150-10 et seq.) and II (6VAC35-150-55 et seq.) of this chapter apply to all court service units CSUs for juvenile and domestic relations district courts.

B. Parts I (6VAC35-150-10 et seq.) and III (6VAC35-150-425 et seq.) of this chapter apply to nonresidential programs and services (i) for which the CSU contracts or (ii) to which the CSU refers juveniles who are before the court or before an intake officer, including programs and services are included in a local "Virginia Juvenile Community Crime Control Act" plan. 6VAC35-150-600, 6VAC35-150-610 and Articles 3 (6VAC35-150-620 et seq.) and 4 (6VAC35-150-700 et seq.) of

C. Part III of this chapter also apply applies to those applicable programs and services that are operated by the court service unit or contracted with a CSU.

6VAC35-150-35. Establishment of policy. (Repealed.)

The standards embodied in this regulation pursuant to § 16.1-233 C of the Code of Virginia also establish, individually and collectively, "programmatic and fiscal policies" that the board is directed to develop pursuant to § 66-10 of the Code of Virginia. Nothing in this regulation shall be construed to limit the board's authority to establish additional or separate programmatic and fiscal policies for court service units or other nonresidential programs in accordance with § 66-10 of the Code of Virginia.

6VAC35-150-40. Outcome-based and performance-based standards authorized Variances.

The board may, in its discretion on a case-by-case basis and for a specified time, exempt individual units or programs from specific standards set out in this chapter and authorize the unit or program to implement on an experimental basis one or more substitute standards that measure performance or outcomes. A variance may be requested by a program administrator or service provider when conditions exist where the program or service provider is not able to comply with a section or subsection of this chapter. Any such request must meet the criteria and comply with the procedural requirements provided in 6VAC35-20-92.

6VAC35-150-50. Licensure by other agencies.

A current license or certificate issued by the Commonwealth shall be accepted as evidence of a program's compliance with one or more specific standards of this chapter when the requirements for licensure or certification are substantially the same as, or exceed, the requirements set out in the standards this chapter.

Part II
Operating Standards for Court Service Units

Article 1
Administration

6VAC35-150-55. Probation officers' caseload. (Repealed.)

The caseload for probation officers in the unit shall be determined in accordance with approved procedures, taking into account the relative weight of cases based on the frequency and intensity of contacts indicated by an assessment of the juvenile's risk of reoffending, case complexity, and other factors.

Part II
Operating Standards for Court Service Units

Article 1
Administration

6VAC35-150-60. Organizational structure.

There shall be a written description and organizational chart of the unit showing current lines of authority, responsibility, and accountability, including the unit director's reporting responsibility.

6VAC35-150-62. Suitable quarters.

A. The CSU director annually shall review the unit's needs for suitable quarters, utitilies, and furnishings and shall request from the appropriate governing body the resources to meet these needs.

B. Intake, probation, and parole officers shall have access to private office space.

6VAC35-150-64. Prohibited financial transactions.

The unit shall not collect or disburse support payments, fines, restitution, court fees, or court costs.

6VAC35-150-66. Procedures for handling funds.

The unit director shall establish written procedures for handling any ongoing unit employee fund established and maintained by the employees that is derived from employee contributions, the operation of vending machines, special fundraising projects, or other employee canteen services, that utilizes the name of the unit or the department, or that the unit approves the obtaining of or obtains a tax identification number for such funds. Any such funds are not state funds and shall not be commingled in any way with state funds. The department's tax identification number shall not be used for such funds.

6VAC35-150-70. Court service unit director and staff. (Repealed.)

A. For every employee and volunteer in the unit there shall be a current position description indicating the minimum qualifications required and the incumbent's duties and responsibilities.

B. Unless otherwise provided by local or state policy, a performance plan and a performance evaluation shall be completed annually for each employee in accordance with approved procedures.

C. The Court Service Unit Director shall provide financial, managerial and programmatic reports as required by department and local policy.

6VAC35-150-80. Background checks.

All new unit employees and auxiliary personnel, including volunteers, shall undergo a preemployment check of references; criminal history checks with the automated Virginia Criminal Information Network (VCIN), the National Criminal Information Center (NCIC), and the Department of Motor Vehicles (DMV); and fingerprint checks by the State Police and the FBI; those who have direct contact with youth shall also undergo a child protective services registry check.

A. Except as provided in subsection C of this section, all persons who (i) accept a position of employment, (ii) volunteer on a regular basis and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties in a CSU, or as required by 6VAC35-150-430 C, shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A fingerprint check with (i) the Virginia State Police (VSP) and (ii) the Federal Bureau of Investigation (FBI);

3. A central registry check with Child Protective Services (CPS); and

4. A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time when the FBI fingerprint check has been requested, unit staff may be hired pending the results of the FBI fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the FBI fingerprint check results; and

3. Staff hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. The unit, program, or service provider shall have procedures for supervising nonstaff persons who have contact with residents.

D. Subsection A of this section shall apply to programs to which the CSU refers juveniles who are before the court or before an intake officer, including, but not limited to, programs included in a local Virginia Juvenile Community Crime Control Act plan. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals or programs licensed or regulated by other state agencies, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

6VAC35-150-90. Training.

A. All employees, and volunteers and interns shall receive documented orientation and annual training appropriate to their duties and to address any needs identified by the individual and the supervisor.

B. All full-time employees who provide direct services to juveniles and their families shall receive 40 hours of juvenile justice-related training annually on-going training and development appropriate to their duties and to address any needs identified by the individual and the supervisor, if applicable.

C. All clerical staff shall receive at least 20 hours of training annually to upgrade skills.

6VAC35-150-100. Personnel policies and operating procedures.

All staff shall have access to policies and approved procedures governing:

1. Recruitment and selection;

2. Grievance and appeal;

3. Confidential individual employee personnel records;

4. Discipline;

5. Equal employment opportunity;

6. Leave and benefits;

7. Resignations and terminations;

8. Orientation;

9. Promotion;

10. Probationary period; and

11. Competitive salary.

6VAC35-150-110. Volunteers.

A. For every volunteer, the unit shall maintain a current description of duties and responsibilities and a list of the minimum required qualifications;

B. Volunteers shall comply with all applicable regulations, policies, and approved procedures;

B. C. One or more designated persons shall coordinate volunteer services; and

C. D. Volunteers shall be registered with the department for liability insurance purposes.

6VAC35-150-130. Research.

A. Youth Juveniles shall not be used as subjects of human research, except when approved procedures permit human research as provided in 6VAC35-170 and in accord with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. The testing of medicines or drugs for experimentation or research is prohibited.

6VAC35-150-140. Records management.

A. Case records shall be indexed and kept up to date and uniform uniformly in content and arrangement in accordance with approved procedures.

B. Juvenile case Case records shall be kept in a secure location accessible only to authorized staff.

C. All case records shall be maintained and disposed of in accordance with The Library of Virginia regulations and record retention schedules, and with approved procedures.

D. Any disclosure or release of information shall be in accordance with the Code of Virginia and applicable federal statutes and regulations (i.e., 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records) and approved procedures.

E. The case records of youth placed in any postdispositional residential care shall contain:

1. Social history;

2. Order or agreement concerning the placement;

3. Dates of acceptance and placement;

4. Reason for placement;

5. Financial and tuition arrangements, if appropriate; and

6. Supervision and visitation agreements.

6VAC35-150-150. Reports for the court. (Repealed.)

All reports prepared for the court shall be prepared and reviewed in accordance with approved procedures and, except for transfer reports and addenda to previously submitted reports, shall contain the following identifying information:

1. Full name of subject;

2. Social Security Number;

3. Address;

4. Race;

5. Date of birth (must be verified);

6. Sex;

7. Parents or guardians (for juveniles only);

8. Author; and

9. Date of report.

6VAC35-150-160. Social history. (Repealed.)

A. A social history shall be prepared for each juvenile placed on probation supervision with the court service unit or committed to the department within timelines established by approved procedures.

B. A current social history shall be prepared upon written request from other units when accompanied by a court order. An existing social history that is not more than 12 months old may be used provided an addendum is prepared updating all changed information.

C. Social history reports shall be in written form and include at least the following information:

1. Identifying information as listed in 6VAC35-150-150.

2. Court history -- specific description of past, present and pending petitions and dispositions.

3. Police or prosecutor's version of the instant offense, when available, for all juveniles who are committed to the department.

4. Victim impact information, when ordered by the court.

5. An accurate and up-to-date offense history.

6. Previous contacts with the unit, including diversion and informal resolution at intake, and known contacts with other agencies or treatment services in the community.

7. Subject: physical description; behavioral description; medical, educational, psychological information (as applicable); educational and other known handicaps or disabilities (if applicable); peer relationships, including gang affiliation; response to authority; employment status; and whether the subject has a driver's license.

8. Family: parents/custodians/guardians -- ages, marital status, court record, employment status, economic status, level of education, health, interpersonal relationships. Siblings -- ages, court record, level of education.

9. Home and neighborhood: Physical description of home and neighborhood, family's and officer's view of neighborhood impact on subject, and length of residence.

10. Assessment of the subject's strengths and weaknesses and, if applicable, the subject's family.

11. Recommendations may be included if permitted by the court.

D. Adults' social history reports, if ordered by the court, may be in a modified format as provided for in procedures approved by the court service unit director after consultation with the judge or judges of the court.

6VAC35-150-165. Custody investigations. (Repealed.)

If the unit performs custody investigations upon order of the court, such investigations shall be completed in conformance with "Guidelines for Custody Investigations" (1995) jointly promulgated by the State Board of Juvenile Justice and the State Board of Social Services.

Article 2
Budget and Finance

6VAC35-150-175. Suitable quarters. (Repealed.)

A. The CSU director annually shall review the unit's needs for suitable quarters, utilities and furnishings and request from the appropriate governing body the resources to meet these needs.

B. Intake, probation and parole officers shall have access to private office space so equipped that conversations may not be overheard from outside the office.

6VAC35-150-180. Prohibited financial transactions. (Repealed.)

The unit shall not collect or disburse support payments, fines, or restitution.

6VAC35-150-190. Procedures for handling funds. (Repealed.)

The court service unit director shall establish written policies, procedures and practice for handling funds within the unit. All court service units shall adhere to all Commonwealth of Virginia purchasing and fiscal requirements when expending state funds.

Article 3 2
Security and Safety

6VAC35-150-200. Security and emergency safety procedures.

In accordance with approved procedures, the unit shall implement:

1. Safety and security precautions for the office environment, to include at least fire, bomb threat, hostage and medical emergency situations; and

2. Safety and security precautions for staff making field visits to juveniles and their families.

1. Safety and security precautions for the office environment to include at least fire, bomb threat, natural disasters, and hostage and medical emergency situations;

2. Safety and security precautions for staff making field visits to juveniles and their families; and

3. Training on appropriate crisis prevention and intervention techniques for the office and the field that staff may use to manage behavior that poses a risk to the safety of themselves or others.

6VAC35-150-210. Physical force.

A. Physical force shall be used only to protect self or others as a last resort and shall never be used as punishment or with the intent to inflict injury. Staff shall use only the minimum force deemed reasonable and necessary to eliminate the imminent risk to the safety of themselves or others.

B. Each use of physical force shall be reported in writing to the CSU director, who shall ensure that all reportable incidents are further reported in accordance with the department's policies procedures for reporting serious incidents.

6VAC35-150-220. Searches of youth.

Searches of individuals an individual's person and immediate area may be conducted only in accordance with approved procedures and only by, with all applicable state and federal statutes and regulations, and with the Virginia and United States constitutions. Only staff who have received training approved by the department shall conduct searches.

6VAC35-150-230. Weapons.

A. A probation officer may obtain authorization to carry a weapon as provided by § 16.1-237 of the Code of Virginia only in accordance with approved procedures that require at least: (i) firearms safety training, (ii) a psychological or mental health assessment, and (iii) approval by the court service unit CSU director, and (iv) approval by the unit director's supervisor.

B. All court service unit CSU staff authorized to carry weapons shall have received training approved by the department regarding and retraining, in accordance with approved procedures, which shall include the limited circumstances when weapons may be carried and used as required by law and liability insurance coverage.

6VAC35-150-240. Arrest of youth juvenile by staff.

Probation officers shall exercise their arrest powers only in accordance with approved procedures.

6VAC35-150-250. Absconders.

Unit staff shall cooperate with department personnel and state and local law-enforcement authorities to help locate and recover juveniles who fail to report for violate the conditions of their probation or parole supervision and upon whom a detention order has been issued or who escape or run away from a juvenile correctional center, detention home, or other juvenile placement.

6VAC35-150-260. Transportation of detained juveniles.

A. Detained juveniles shall be transported in accord with "Guidelines for Transporting Juveniles in Detention" (June 13, 1991) (September 2004) issued by the board in accord with § 16.1-254 of the Code of Virginia.

B. When the CSU is responsible for the transportation of youth to special placements, staff shall make transportation arrangements appropriate to the security risk posed by the juvenile.

C. B. Routine transportation of juveniles in postdispositional detention shall be the responsibility of the parents or guardians or the program providing service to the juvenile.

Article 4 3
Intake

6VAC35-150-270. Intake duties.

A. When making an intake determination as provided for by the § 16.1-260 of the Code of Virginia, whether in person or by telephone or interactive video conferencing, the intake officer shall, in accordance with approved procedures:

1. Explain the steps and options in the intake process to each person present, including their constitutional and statutory rights as provided for in approved procedures;

2. Make all required data entries into the department's Juvenile Tracking System electronic data collection system in accordance with § 16.1-224 of the Code of Virginia and approved procedures;

3. Consult with available parents, guardians, legal custodian, or other person standing in loco parentis to determine the appropriate placement, unless a court has ordered detention; and

4. Notify the juvenile's parents, guardians, legal custodian, or other person standing in loco parentis in cases involving the juvenile's detention.

B. When making a detention decision pursuant to § 16.1-248.1 of the Code of Virginia and when making recommendations to the court at a detention hearing pursuant to § 16.1-250 of the Code of Virginia, court service unit CSU personnel shall make use of the uniform risk assessment instrument and related procedure mandated by Chapter 648 of the 2002 Acts of Assembly.

C. When the chief judge in a jurisdiction requests the provision of a replacement intake officer pursuant to § 16.1-235.1 of the Code of Virginia, the CSU shall enter into a written agreement with the requesting court that shall address, at a minimum, the scope of the intake duties, the location where intake cases will be processed, and the protocol for arranging any required face-to-face contact between the intake officer and juvenile.

6VAC35-150-280. Medical and psychiatric emergencies at intake.

If during the intake interview, the intake officer suspects that the youth juvenile requires emergency medical or psychiatric care, the intake officer shall:

1. Immediately contact the youth's juvenile's parents or legal guardians to advise them of the emergency and any responsibilities they may have; and

2. Before placing a youth juvenile in a more restrictive setting, the intake officer shall arrange for the youth juvenile to receive the needed emergency care.

6VAC35-150-290. Intake communication with detention.

When CSU staff facilitate the placement of a juvenile in detention process, they shall: 1. Query the Juvenile Tracking System to ascertain all pertinent information on the juvenile who is being detained, and complete the Juvenile Alert Screen on the Juvenile Tracking System; and 2. Give give detention staff, by telephone or, in writing, or by entry into the Juvenile Tracking System electronic means, no later than the time the juvenile arrives at the detention facility, the reason for detention and the instant offenses, and for which the juvenile is being detained including any ancillary offenses. CSU staff shall also give detention staff the following information when available and applicable: medical information; parents' or guardians' names, addresses and phone numbers; prior record as regards sexual offenses, violence against persons, or arson; suicide attempts or self-injurious behaviors; and gang membership and affiliation; and any other information as required by approved procedure.

Article 5 4
Out-of-Home Placements

6VAC35-150-300. Predispostionally placed youth juvenile.

A. In accordance with approved procedures, a representative of the court service unit CSU shall make contact, either face-to-face or via videoconferencing, with each youth juvenile placed in predispositional detention, jail, or shelter care pursuant to § 16.1-248.1 of the Code of Virginia, within five days of the placement and shall make contact with the youth juvenile at least once every 10 days thereafter,. Such contact shall be either face-to-face or by telephone or videoconferencing and shall include direct communication between the CSU staff and the juvenile.

B. The case of each predispositionally placed youth juvenile shall be reviewed at least every 10 days in accordance with approved procedures to determine whether there has been a material change sufficient to warrant recommending a change in placement.

C. When the unit has placed or is the placing agency and is supervising a youth juvenile in a residential facility, designated staff of the court service unit CSU shall be available to the facility's staff 24 hours a day in case of emergency.

6VAC35-150-310. Postdispositional detention.

A. When a court orders a juvenile to be detained postdispositionally for more than 30 days pursuant to subsection B of § 16.1-284.1 of the Code of Virginia, the court service unit CSU shall develop a written plan with the facility to enable such youth juvenile to take part in one or more community treatment programs appropriate for their that juvenile's rehabilitation, which may be provided at the facility or while the juvenile is on temporary release status, as determined by their that juvenile's risk to public safety and other relevant factors. The court service unit CSU shall provide a copy of the juvenile's social history to the postdispositional detention program upon request.

B. The case record of a juvenile placed in a postdispositional detention program pursuant to subsection B of § 16.1-284.4 of the Code of Virginia shall contain:

1. Social history;

2. Court order;

3. Reason for placement; and

4. Current supervision plan, if applicable.

6VAC35-150-320. Notice of youth's juvenile's transfer.

When court service unit CSU staff have knowledge that a youth juvenile has been moved from one residential facility or program to another residential facility and do not have knowledge that the juvenile's parents or legal guardians have been advised of the transfer, they CSU staff shall notify the youth's juvenile's parents or legal guardians within 24 hours and shall document the notification in the youth's juvenile's case record.

6VAC35-150-330. Removal of youth from home. (Repealed.)

When considering whether to remove a youth from his home for any reason other than to detain the youth, the youth's parents or guardians, if available, shall be included in making that decision.

Article 6 5
Probation, Parole, and Other Supervision

6VAC35-150-335. Informal supervision Diversion.

A. When unit personnel are supervising a juvenile in the absence of a court order, an intake officer proceeds with diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, such supervision shall not exceed 90 120 days. Court service unit personnel shall not supervise any person absent a court order except as provided for in approved procedures. For a juvenile alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 of the Code of Virginia, such supervision shall be limited to 90 days.

B. When a new complaint is filed against a juvenile who is currently under supervision in accordance with subsection A of this section, and the juvenile qualifies for diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, then the intake officer may proceed with diversion for an additional 120 days from the date of the subsequent complaint.

C. When a case is diverted by referring a juvenile for services to another public or private agency, informal supervision shall not continue beyond the delivery of such services unless approved by the director or designee.

D. In no case shall a petition be filed by the CSU based on acts or offenses in the original complaint after 120 days from the date of the initial referral on the original complaint.

6VAC35-150-336. Social histories.

A. A social history shall be prepared in accordance with approved procedures (i) when ordered by the court, (ii) for each juvenile placed on probation supervision with the unit, (iii) for each juvenile committed to the department, or (iv) upon written request from another unit when accompanied by a court order. Social history reports shall include the following information:

1. Identifying and demographic information on the juvenile;

2. Current offense and prior court involvement;

3. Social, medical, psychological, and educational information about the juvenile;

4. Information about the family; and

5. Dispositional recommendations, if permitted by the court.

B. An existing social history that is less than 12 months old may be used provided an addendum is prepared updating all changed information. A new social history shall be prepared as required in subsection A of this section or when ordered by the court if the existing social history is more than 12 months old.

C. Social history reports on adults may be modified as provided for in procedures approved by the CSU director after consultation with the judge or judges of the court.

6VAC35-150-340. Beginning supervision.

Within the timeframes established by approved procedures for beginning supervision, a probation or parole officer shall:

1. See the subject juvenile face-to-face;

2. Give the subject juvenile the written rules of supervision, including any special conditions, and explain these to the subject juvenile and, when appropriate, to the subject's juvenile's parents or guardians; and

3. Document these actions in the case record.

6VAC35-150-350. Supervision plans for juveniles.

A. To provide for the public safety and address the needs of subjects a juvenile and their families that juvenile's family, subjects a juvenile shall be supervised according to a written individual supervision plan, developed in accordance with approved procedures and timeframes, that describes the range and nature of field and office contact with the subject juvenile, with the parents or guardians of a the juvenile subject, and with other agencies or providers providing treatment or services.

B. When the youth resides in or is expected to return to the family home, the probation officer shall, in accordance with approved procedures, develop and implement a family involvement plan.

C. When the youth is in direct state care, the probation officer shall, in accordance with approved procedures and 6VAC35-150-420, send a report on the family's progress toward planned goals to the facility at which the juvenile is housed.

D. At least 60 days prior to a juvenile's anticipated release from commitment, a written parole supervision plan shall be prepared in accordance with approved procedures.

E. A supervision plan for parole shall be prepared for all judicial review hearings for serious juvenile offenders as required by law and in accordance with approved procedures.

F. If the court has not ordered specific conditions of supervision, a supervision plan for an adult probation subject shall be prepared within 30 days after disposition, after consulting with the adult and, if appropriate, his family.

G. At least once every 90 days, in B. In accordance with approved procedures, each written individual supervision plan or family involvement plan shall be (i) reviewed with the subject individual or juvenile, the juvenile's family, and (ii) reviewed by a supervisor from both a treatment and a case management perspective to confirm the appropriateness of the plan.

6VAC35-150-355. Supervision of juvenile on electronic monitoring.

When a unit places a juvenile in an electronic monitoring program, use of the program shall be governed by approved procedures that shall provide for criteria for placement in the program, parental involvement, required contacts, consequences for tampering and violating program requirements, and time limits.

6VAC35-150-365. Supervision of adult on probation.

For an adult convicted of a criminal act for which the juvenile court retained jurisdiction pursuant to § 16.1-241 of the Code of Virginia and the juvenile court did not order specific conditions of supervision, a supervision plan for the adult probationer shall be prepared within 30 days of the disposition. The adult and that adult's family, if appropriate, must be consulted in development of the supervision plan.

6VAC35-150-370. Placements in the community. (Repealed.)

When the unit (i) is supervising and (ii) has placed a subject in a community facility or program, unit staff shall advise the facility or program of the subject's service needs and shall maintain contact with the subject and the facility or program staff in accordance with the supervision plan.

6VAC35-150-380. Violation of probation or parole.

When a subject probationer or parolee violates the conditions of the individual's probation or parole, unit personnel shall take action in accordance with approved procedures.

6VAC35-150-390. Transfer of case supervision to another unit.

A. When a subject's the legal residence of an individual under the supervision of a CSU is not within the jurisdiction of the original court service unit CSU, the supervision cases of the case may be transferred to another unit providing similar services in Virginia in accordance with § 16.1-295 of the Code of Virginia and approved procedures.

B. The director of the department may make provision for the transfer of a juvenile placed on probation in this Commonwealth to another state to be placed on probation under the terms of Article 14 (§ 16.1-323 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia.

6VAC35-150-400. Notice of release from supervision.

Notice of release from supervision shall be given to subjects the individual under the supervision of a CSU and to the parents or guardians of juvenile subjects and juveniles. Such notification shall be appropriately documented in the case record in accordance with approved procedures.

Article 7 6
Juvenile in Direct Care

6VAC35-150-410. Commitment information.

A. When a youth is transferred into direct state care, the following items either accompany or precede the youth to the reception and diagnostic center: the order of commitment, copies of clinical reports, predisposition studies, record of immunizations when available, and any other juvenile is committed to the department, the juvenile may not be transported to the Reception and Diagnostic Center (RDC) until (i) the items and information required by the Code of Virginia, department policy, or and approved procedures have been received by RDC and (ii) the case is accepted by RDC.

B. If a juvenile is transferred transported to the department directly from the court, in addition to ensuring the immediate delivery of the items required in subsection A of this section, unit staff shall immediately notify the reception and diagnostic center RDC by telephone of the youth's juvenile's impending arrival.

6VAC35-150-415. Supervision of juvenile in direct care.

A. When a juvenile is placed in direct care, the probation or parole officer shall, in accordance with approved procedures, do the following:

1. Develop and implement a family involvement plan.

2. Send a report on the family's progress toward planned goals to the facility at which the juvenile is housed.

B. Upon written notice of a juvenile's release from an indeterminate commitment, a written parole supervision plan shall be completed within 30 days of the date of notification. A juvenile who has been indeterminately committed shall not be accepted for parole supervision without a completed parole supervision plan, except as approved by the director of his designee.

C. A supervision plan for parole shall be prepared for all judicial review hearings for serious juvenile offenders as required by law and in accordance with approved procedures.

6VAC35-150-420. Contacts during youth's juvenile's commitment.

During the period of a youth's juvenile's commitment, a designated staff person shall make contact with the committed youth juvenile, the youth's juvenile's parents, guardians, or other custodians, and the treatment staff at the youth's juvenile's direct care placement as required by approved procedures. The procedures shall specify when such contact must be in-person face-to-face contact and when contacts contacts may be made by video conferencing or by telephone.

Part III
Standards for Programs and Services

Article 1
General Requirements of Programs and Services

6VAC35-150-425. Applicability.

The following standards apply A. This part applies to programs and services (i) for which the department or CSU contracts or (ii) to which the CSU refers juveniles who are before the court or before an intake officer, including but not limited to programs and services included in a local which provides programs and services through a local Virginia Juvenile Community Crime Control Act plan pursuant to § 16.1-309.3 of the Code of Virginia. The standards provisions for alternative day treatment and structured day programs, electronic monitoring, surveillance officers, and substance abuse and testing services in Article 2 (6VAC35-150-615 et seq.) of this part also apply to those programs and services that are operated by the court service unit a CSU.

B. Each program or service provider shall be responsible for adopting written procedures necessary to implement and for compliance with all applicable requirements of 6VAC35-150-430 through 6VAC35-140-740.

6VAC35-150-427. Written policies and procedures required. (Repealed.)

Each program shall be responsible for adopting written policies and procedures necessary to implement all applicable requirements of 6VAC35-150-430 through 6VAC35-140-740.

6VAC35-150-430. Written statements required Program requirements.

A. Each nonresidential program or service shall have a written statement of its:

1. Purpose;

2. Population served;

3. Criteria for admission;

4. Criteria for measuring a juvenile's progress;

2. 5. Supervision and or treatment objectives, including criteria for admission and for measuring a juvenile's progress;

6. Intake and acceptance procedures, including whether a social history or diagnostic testing is required;

3. 7. General rules of juvenile conduct and the behavior management system with specific expectations for behavior and appropriate incentives and sanctions, which shall be made available to juveniles and parents upon acceptance into the program;

4. 8. Criteria and procedures for terminating services, including terminations prior to the juvenile's successful completion of the program;

5. 9. Methods and criteria for evaluating program effectiveness;

6. 10. Drug-free workplace policy; and

7. Policy 11. Procedures regarding contacts with the news media.

B. The department administration shall be notified in writing of any plan to change any of the elements listed in subsection A of this section.

C. Each program shall conduct background checks in accordance with 6VAC35-150-80, or ensure that such background checks are conducted, on all individuals who provide services to juveniles under the contract as required by subsection A of 6VAC35-150-80;

D. Those programs providing crisis intervention services, including, but not limited to, outreach detention, mental health counseling or treatment, and home-based counseling services, shall provide for responding 24 hours a day to a juvenile's crisis and shall provide notification to all juveniles in writing on how to access these services at any time.

6VAC35-150-435. Contracted services.

A. When a program contracts for services with public or private providers, it shall follow written procedures that govern the recruitment, screening and selection of providers.

B. Contracts with public or private sector service providers shall identify the case coordinator.

C. Designated program staff shall monitor the delivery of services under the terms of the contract.

D. Contracts with public or private service providers shall require the provider to:

1. Develop a plan for the scope of services to the individuals served;

2. Document receipt of the referral, services provided, and termination of services;

3. Make available to the purchasing agency all information specified in the contract;

4. Conduct the records checks required by 6VAC35-150-440 on all staff who provide services to individuals under the contract;

5. Participate in program evaluation as required by the Department of Juvenile Justice; and

6. Provide appropriate evidence of fiscal accountability and responsibility.

E. The standard of services provided by contractual and subcontractual vendors shall not be less than those required by this chapter.

6VAC35-150-440. Employee and volunteer background check. (Repealed.)

A. An agency or program that provides direct services or supervision to juveniles shall conduct the following background checks on all employees and volunteers who provide such direct service or supervision to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles in the program:

1. A reference check;

2. A fingerprint check with the Virginia State Police and FBI if the State Police determine that the requesting agency is a qualified entity, or a criminal history request or a noncriminal justice interface with the Virginia State Police if the State Police determine that the requesting agency is not a qualified entity to receive fingerprint-based criminal information;

3. A central registry check with Child Protective Services; and

4. A driving record check if applicable to the individual's job duties.

The requirements of this subsection do not apply to programs that merely supervise juveniles in community service, nor to persons licensed by the Commonwealth of Virginia who are providing professional services to juveniles within the scope of such license.

B. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals in private practice, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

C. An agency that refers juveniles to a licensed professional in private practice shall check with the appropriate licensing authority's Internet web page or by other appropriate means to ascertain whether there are notations of criminal acts or other circumstances that would be detrimental to the safety of juveniles.

6VAC35-150-450. Limitation of contact with juveniles.

When there are indications that an individual who is providing programs or services has a physical, mental or emotional condition that might may jeopardize the health or safety of the juveniles, the program administrator or department personnel may shall immediately require that the individual be removed from contact with juveniles until the situation is abated or resolved.

6VAC35-150-460. Personnel qualifications.

A. Staff and volunteers Program staff shall be qualified and trained for the positions and duties have a job description stating qualifications and duties for the position to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed or certified or be supervised by an appropriately licensed or certified person as required by law applicable statutes and regulations.

6VAC35-150-470. Medical emergencies.

The program or service provider shall have written policy, procedure and practice procedures to deal with medical emergencies that might may occur while a juvenile is in attendance at the program.

6VAC35-150-480. Financial record requirements.

All programs and services service providers shall:

1. Manage their finances in accordance with acceptable accounting procedures;

2. Certify that all funds were handled in accord with the applicable Virginia Juvenile Community Crime Control Act plan, contract, or other agreement; and

3. Be subject to independent audit or examination by department personnel at the department's discretion.

6VAC35-150-490. Juveniles' rights.

A. Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, creed religion, gender sex, physical handicap disability, or sexual orientation.

B. Juveniles shall not be subjected to:

1. Deprivation of drinking water or food necessary to meet daily nutritional needs except as ordered by a licensed physician for a legitimate medical purpose and documented in the juvenile's record;

2. Any action which that is humiliating, degrading, or abusive;

3. Corporal punishment;

4. Unsanitary conditions;

5. Deprivation of access to toilet facilities; or

6. Confinement in a room with the door so secured that the juvenile cannot open it.

6VAC35-150-500. Juvenile participation in research.

A. Medical or pharmaceutical testing for experimentation or research is prohibited.

B. The program or service provider shall have either (i) a written policy prohibiting juveniles' participation in research or (ii) written policy, procedure and practice ensuring that juveniles' participation as subjects in human research shall be consistent with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia, with § 16.1-305 of the Code of Virginia regarding confidentiality of juvenile records, with department policy regarding juveniles' participation in research, and with such regulations as may be promulgated by the state board regarding human research written procedures complying with the applicable research provisions in 6VAC35-150-130.

6VAC35-150-510. Case management requirements.

A. For each juvenile, a separate case record shall be kept up to date and in a uniform manner.

B. The juvenile case record shall always contain:

1. Identifying Current identifying and demographic information on the juvenile;

2. Court order, placement agreement, or service agreement;

3. Rules imposed by the judge or the probation or parole officer, if applicable; and

4. Date Dates of acceptance and release.

C. Programs that provide counseling, treatment, or supervision shall:

1. Develop an individual service plan for each juvenile that shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the individual service plan information to the supervising probation or parole officer, when applicable;

3. Document all contacts with the juvenile, the juvenile's family, and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

6VAC35-150-530. Incident documentation and reporting.

When an event or incident occurs which that is required by department procedures to be reported, the program or service shall document and report the event or incident as required by and in accordance with department procedures.

6VAC35-150-540. Child abuse and neglect.

Any case of suspected child abuse or neglect shall be reported When there is a reason to suspect that a child is an abused or neglected child, the program or service provider shall report the matter immediately to the local department of public welfare or social services as required by § 63.1-248.3 Article 2 (§ 63.2-1508 et seq.) of Title 63.2 of the Code of Virginia and shall be documented in the juvenile's record.

Article 2
Specific Requirements for Particular Programs and Services

6VAC35-150-550. Physical setting.

A. Each program that provides direct services to juveniles or their families within or at the program's office or place of operation shall comply with all applicable building, fire, sanitation, zoning and other federal, state, and local standards and shall have premises liability insurance.

B. The inside and outside of all buildings shall be kept clean, in good repair, and free of rubbish.

6VAC35-150-560. Individual service or contact plan. (Repealed.)

Programs that provide counseling, treatment or supervision shall:

1. Develop an individual service plan for each juvenile which shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the service plan information to the supervising probation or parole officer, when applicable, to be included in and monitored as part of the supervision plan;

3. Document all contacts with the juvenile, the juvenile's family and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

6VAC35-150-570. Response to crises. (Repealed.)

All programs providing supervision or direct individualized services shall provide for response to juveniles' crises 24 hours a day and shall notify juveniles in writing how to get these services.

6VAC35-150-590. Referrals. (Repealed.)

Each program and service that accepts referrals shall have a written description of:

1. The population to be served;

2. Its criteria and requirements for accepting referrals, including whether a social history and diagnostic testing is required before accepting a youth; and

3. Intake and acceptance procedures.

6VAC35-150-600. Surveillance officers. (Repealed.)

Programs that use staff or volunteer surveillance officers shall specify:

1. The nature and number of the surveillance officer's contacts with the youth under supervision;

2. How and to whom the officer will report such contacts and any problems identified.

6VAC35-150-610. Substance abuse and testing services. (Repealed.)

Programs that provide substance abuse and testing services shall have a written description of:

1. The substance abuse assessment tools or instruments used;

2. The training required of persons who will conduct testing and the professional license or certification required of staff or contracted providers who will provide treatment services; and

3. How and to whom the results of the assessment and evaluation and any recommendations for treatment or other services will be reported.

Article 2
Alternative Day Treatment and Structured Day Programs

6VAC35-150-615. Applicability of Part III, Article 2.

The following provisions apply to alternative day treatment and structured day treatment programs, including those operated by CSUs. All applicable provisions for the general requirements for programs set forth in Article 1 (6VAC35-150-425 et seq.) of this part also apply to alternative day treatment and structured day treatment programs.

Article 3
Alternative Day Treatment and Structured Day Programs

6VAC35-150-620. Supervision of juveniles.

A. At all times that juveniles are on any premises where alternative day treatment or structured day programs are provided, there shall be at least one qualified person actively supervising who has a current first aid and CPR certification.

B. Program staff are responsible for managing juveniles' behavior, and shall not delegate this responsibility to other juveniles except as part of an approved leadership training program under the supervision of qualified staff.

6VAC35-150-640. Fire Emergency and fire safety.

A. Each site to which juveniles report shall have a written emergency and fire plan safety plans.

1. In accordance with the emergency plan, the program shall implement safety and security procedures, including, but not limited to, procedures for responding in cases of a fire, bomb threat, hostage and medical emergency situations, and natural disaster.

2. The fire safety plan shall be developed with the consultation and approval of the appropriate local fire authority and reviewed with the local fire authority at least annually and updated if necessary.

B. At each site to which juveniles report, there shall be at least one documented fire drill each month.

C. Each new staff member shall be trained in fire safety and emergency procedures before assuming supervision of juveniles.

6VAC35-150-650. First-aid kits. (Repealed.)

A well-stocked first-aid kit shall be available at each site to which juveniles report and in any vehicle used to transport juveniles and shall be readily accessible for minor injuries and medical emergencies.

6VAC35-150-660. Delivery of medication. (Repealed.)

Written policy, procedure and practice governing the delivery of medication shall either (i) prohibit staff from delivering medication or (ii) designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and shall either (i) permit or (ii) prohibit self-medication by juveniles.

6VAC35-150-670. Juveniles' medical needs.

When necessary, A. At the time of referral, the program staff shall be notified of request from the referring agency or party any information regarding individual juveniles' medical needs or restrictions and given specific, if necessary, instructions for meeting these needs.

B. Written procedure governing the delivery of medication shall:

1. Either prohibit staff from delivering medication or designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and

2. Either permit or prohibit self-medication by juveniles.

C. An up-to-date, well-stocked first-aid kit shall be available at each site to which juveniles report and shall be readily accessible for minor injuries and medical emergencies.

6VAC35-150-680. Physical and mechanical restraint restraints and chemical agents.

A. Only staff who have received department-sanctioned department-approved training may apply physical restraint, and only when a juvenile's uncontrolled behavior could result in harm to self or others, or to avoid extreme destruction of property, and when less restrictive interventions have failed.

B. The use of physical restraint shall be only that which is minimally necessary to protect the juvenile or others.

C. Any application of physical restraint shall be fully documented in the juvenile's record as to date, time, staff involved, circumstances, reasons for use of physical restraint, and extent of physical restraint used.

D. Except in electronic monitoring and outreach detention programs serving juveniles who would otherwise be placed in secure detention or when a juvenile resists being taken into lawful custody, the use of mechanical devices to restrain a juvenile's behavior is prohibited.

E. D. The use of mechanical restraint devices, except in outreach detention and electronic monitoring programs, or chemical substances agents to restrain a juvenile's behavior is prohibited.

6VAC35-150-690. Procedural requirements for time-out.

A. A program that uses time-out shall have written policy, procedure and practice procedures to provide that juveniles in time-out shall:

1. Be able to communicate with staff;

2. Have bathroom privileges according to need; and

3. Be served any meal scheduled during the time-out period.

B. A time-out room shall not be locked nor the door secured in any way that will prohibit the juvenile from opening it, except if such confinement has been approved by the program's regulatory authority.

C. Time-out shall not be used for periods longer than 30 consecutive minutes.

Article 4
Electronic Monitoring

6VAC35-150-700. Not an automatic condition of supervision. (Repealed.)

Electronic monitoring shall not be an automatic condition of probation, parole or predispositional supervision.

6VAC35-150-710. Conditions of home and parents. (Repealed.)

A. Juveniles in an electronic monitoring program must reside in their own home or a surrogate home.

B. Before a juvenile is placed on electronic monitoring, parents or guardians must:

1. Give written consent, unless the electronic monitoring is ordered by a court of competent jurisdiction; and

2. Be fully oriented to the operation of the electronic monitoring device and program rules.

6VAC35-150-720. Required contacts. (Repealed.)

As often as required by the written supervision or service plan, designated staff or volunteers shall:

1. See each juvenile face-to-face; and

2. Contact the juvenile's parents or guardians in person or by telephone.

6VAC35-150-730. Tampers and violations. (Repealed.)

The program shall have written policy, procedure and practice for responding to and investigating tampers and program violations.

6VAC35-150-740. Time limits. (Repealed.)

Written policy, procedure and practice shall establish the maximum time a juvenile may be electronically monitored but shall not permit electronic monitoring to extend beyond 45 days unless an individual case, upon review by the program administrator, meets specific written criteria justifying a longer time period or continued electronic monitoring is ordered by a court of competent jurisdiction.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-150)

"Guidelines for Transporting Juveniles in Detention," Board of Youth and Family Services, June 13, 1991 State Board of Juvenile Justice, September 2004.

"Guidelines for Custody Investigations," Board of Juvenile Justice and Board of Social Services, 1995.

VA.R. Doc. No. R08-1226; Filed June 9, 2009, 9:39 a.m.