Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 41 - REGULATION GOVERNING JUVENILE GROUP HOMES AND HALFWAY HOUSES › Part V - Residents' Rights › Section 6VAC35-41-560 - Prohibited actions

Current through Register Vol. 40, No. 24, July 15, 2024
The following actions are prohibited:
1. Discrimination in violation of the
				  Constitution of the United States, the Constitution of the Commonwealth of
				  Virginia, and state and federal statutes and regulations;
2. Deprivation of drinking water or food
				  necessary to meet a resident's daily nutritional needs, except as ordered by a
				  licensed physician for a legitimate medical purpose and documented in the
				  resident's record;
3. Denial of
				  contacts and visits with the resident's attorney, a probation officer, the
				  department, regulatory authority, a supervising agency representative, or
				  representatives of other agencies or groups as required by applicable statutes
				  or regulations;
4. Bans on contacts
				  and visits with family or legal guardians, except as permitted by other
				  applicable state regulations or by order of a court of competent
				  jurisdiction;
5. Any action that is
				  humiliating, degrading, or abusive, including but not limited to physical
				  abuse, sexual abuse, and sexual harassment;
6. Corporal punishment, which is administered
				  through the intentional inflicting of pain or discomfort to the body through
				  actions such as, but not limited to (i) striking or hitting with any part of
				  the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any
				  similar action that normally inflicts pain or discomfort;
7. Subjection to unsanitary living
				  conditions;
8. Denial of
				  opportunities for bathing or access to toilet facilities, except as ordered by
				  a licensed physician for a legitimate medical purpose and documented in the
				  resident's record;
9. Denial of
				  health care;
10. Deprivation of
				  appropriate services and treatment;
11. Application of aversive stimuli, except
				  as permitted pursuant to other applicable state regulations. Aversive stimuli
				  means any physical forces (e.g., sound, electricity, heat, cold, light, water,
				  or noise) or substances (e.g., hot pepper, pepper sauce, or pepper spray)
				  measurable in duration and intensity that when applied to a resident are
				  noxious or painful to the individual ;
12. Administration of laxatives, enemas, or
				  emetics, except as ordered by a licensed physician or poison control center for
				  a legitimate medical purpose and documented in the resident's record;
13. Deprivation of opportunities for sleep or
				  rest, except as ordered by a licensed physician for a legitimate medical
				  purpose and documented in the resident's record;
14. Placement of a resident alone in a locked
				  room or a secured area where the resident is prevented from leaving;
15. Use of mechanical restraints (e.g.,
				  handcuffs, waist chains, leg irons, disposable plastic cuffs, leather
				  restraints, or a restraint chair);
16. Use of pharmacological restraints;
				  and
17. Other constitutionally
				  prohibited actions.
Statutory Authority
§§ 16.1-309.9, 66-10, and 66-24 of the Code of
						Virginia.