Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 150 - REGULATION FOR NONRESIDENTIAL SERVICES › Part I - General Provisions › Section 6VAC35-150-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
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) 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) modifications to the
				  procedures approved by the director or his designee; or
(iii) procedures for locally operated court
				  service units approved in accordance with local procedures.
"Behavior management" means 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 an individual and the individual's family, if applicable,
					 that is maintained in accordance with approved procedures.
"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, or services, or a combination thereof, which is
					 consistent with the protection of the public safety and the welfare of the
					 juvenile as provided for in §§ 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 juvenile's or adult's compliance with certain
					 judicial orders or conditions of release from incarceration, as an alternative
					 to detention, or as a short-term sanction for noncompliance with rules of
					 probation or parole.
"Human research" means any systematic investigation using
					 human subjects as defined by § 32.1-162.16 of the Code of Virginia and
					 6VAC35-170. Human research shall not include research prohibited by state and
					 federal statutes or regulations or research exempt from federal regulations or
					 mandated by any applicable statutes or regulations.
"Individual service plan" means a written plan developed,
					 updated as needed, and modified at intervals to meet the needs of a juvenile or
					 an 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 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.
"Juvenile" means 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.
"Mechanical restraint" means 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.
"Outreach detention" means intensive supervision, which
					 includes frequent contacts, strict monitoring of behavior, and case management,
					 if applicable, of a juvenile as an alternative to placement in secure detention
					 or shelter care.
"Parole" means supervision of a juvenile released from
					 commitment to the department as provided for by §§ 16.1-285, 16.1-285.1, and
					 16.1-285.2 of the Code of Virginia.
"Physical restraint" means the application of behavior
					 intervention techniques by trained program staff that involves a physical
					 intervention to prevent the individual from moving that individual's
					 body.
"Probation" means a court-ordered disposition of a juvenile
					 or an adult as provided by §§ 16.1-278.5B 2, 16.1-278.8 A 5, 16.1-278.8 A 7,
					 and 16.1-278.8 A 7 a.
"Provider" means 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.
"Supervision" means visiting or making other contact with
					 or providing treatment, rehabilitation, or services to a juvenile as required
					 by the court, by an intake officer, or for probation or parole purposes.
"Tamper" means any purposeful alteration to electronic
					 monitoring equipment that interferes with or weakens the monitoring
					 system.
"Time-out" means a systematic behavior management technique
					 program component designed to reduce or eliminate inappropriate or problematic
					 behavior by having staff require a juvenile to move to a specific location that
					 is away from the source of reinforcement for a specific period of time or until
					 the problem behavior has subsided.
"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 services without
					 competitive compensation.
"Written" means the required information is communicated in
					 writing. Such writing may be available in either hard copy or in electronic
					 form.
Statutory Authority
§§ 16.1-233, 16.1-309.9 and 66-10 of the Code of
						Virginia.