Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 101 - REGULATION GOVERNING JUVENILE SECURE DETENTION CENTERS › Part I - General Provisions › Section 6VAC35-101-10 - 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:
"Annual" means within 13 months of the previous event or
					 occurrence.
"Behavior management" means those principles and methods
					 employed to help a resident achieve positive behavior and to address and
					 correct a resident's inappropriate behavior in a constructive and safe manner
					 in accordance with written procedures governing program expectations and
					 resident and employee safety and security.
"Board" means the Board of Juvenile Justice.
"Case record" or "record" means written or electronic
					 information relating to one resident and the resident's family, if applicable.
					 This information includes, but is not limited to, social, medical, psychiatric,
					 and psychological records; reports; demographic information; agreements; all
					 correspondence relating to care of the resident; service plans with periodic
					 revisions; aftercare plans and discharge summary; and any other information
					 related to the resident.
"Contraband" means any item possessed by or accessible to a
					 resident or found within a detention center or on its premises (i) that is
					 prohibited by statute, regulation, or the facility's procedure, (ii) that is
					 not acquired through approved channels or in prescribed amounts, or (iii) that
					 may jeopardize the safety and security of the detention center or individual
					 residents.
"Department" means the Department of Juvenile
					 Justice.
"Detention center" or "secure juvenile detention center"
					 means a local, regional, or state, publicly or privately operated secure
					 custody facility that houses individuals who are ordered to be detained
					 pursuant to the Code of Virginia. This term does not include juvenile
					 correctional centers.
"Direct care staff" means the staff whose primary job
					 responsibilities are (i) maintaining the safety, care, and well-being of
					 residents, (ii) implementing the structured program of care and the behavior
					 management program, and (iii) maintaining the security of the facility.
"Direct supervision" means the act of working with
					 residents while not in the presence of direct care staff. Staff members who
					 provide direct supervision are responsible for maintaining the safety, care,
					 and well-being of the residents in addition to providing services or performing
					 the primary responsibilities of that position.
"Director" means the Director of the Department of Juvenile
					 Justice.
"Emergency" means a sudden, generally unexpected occurrence
					 or set of circumstances demanding immediate action such as a fire, chemical
					 release, loss of utilities, natural disaster, taking of hostages, major
					 disturbances, escape, and bomb threats. Emergency does not include regularly
					 scheduled employee time off or other situations that could be reasonably
					 anticipated.
"Facility administrator" means the individual who has the
					 responsibility for the on-site management and operation of the detention center
					 on a regular basis.
"Health care record" means the complete record of medical
					 screening and examination information and ongoing records of medical and
					 ancillary service delivery including, but not limited to, all findings,
					 diagnoses, treatments, dispositions, and prescriptions and their
					 administration.
"Health care services" means those actions, preventative
					 and therapeutic, taken for the physical and mental well-being of a resident.
					 Health care services include medical, dental, orthodontic, mental health,
					 family planning, obstetrical, gynecological, health education, and other
					 ancillary services.
"Health trained personnel" means an individual who is
					 trained by a licensed health care provider to perform specific duties such as
					 administering health care screenings, reviewing screening forms for necessary
					 follow-up care, preparing residents and records for sick call, and assisting in
					 the implementation of certain medical orders.
"Individual service plan" or "service plan" means a written
					 plan of action developed, revised as necessary, and reviewed at intervals to
					 meet the needs of a resident. The individual service plan specifies (i)
					 measurable short-term and long-term goals; (ii) the objectives, strategies, and
					 time frames for reaching the goals; and (iii) the individuals responsible for
					 carrying out the plan.
"Living unit" means the space in a detention center in
					 which a particular group of residents resides that contains sleeping areas,
					 bath and toilet facilities, and a living room or its equivalent for use by the
					 residents. Depending upon its design, a building may contain one living unit or
					 several separate living units.
"On duty" means the period of time an employee is
					 responsible for the direct supervision of one or more residents.
"Parent" or "legal guardian" means (i) a biological or
					 adoptive parent who has legal custody of a resident, including either parent if
					 custody is shared under a joint decree or agreement; (ii) a biological or
					 adoptive parent with whom a resident regularly resides; (iii) a person
					 judicially appointed as a legal guardian of a resident; or (iv) a person who
					 exercises the rights and responsibilities of legal custody by delegation from a
					 biological or adoptive parent, upon provisional adoption, or otherwise by
					 operation of law.
"Postdispositional detention program" means a program in a
					 detention center serving residents who are subject to a sentence or
					 dispositional order for placement in the detention center for a period
					 exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B
					 of § 16.1.284.1 of the Code of Virginia.
"Premises" means the tracts of land on which any part of a
					 detention center is located and any buildings on such tracts of land.
"Regulatory authority" means the board or the department as
					 designated by the board.
"Resident" means an individual who is confined in a
					 detention center.
"Rules of conduct" means a listing of a detention center's
					 rules or regulations that is maintained to inform residents and others of the
					 behavioral expectations of the behavior management program, about behaviors
					 that are not permitted, and about the sanctions that may be applied when
					 impermissible behaviors occur.
"Written" means the required information is communicated in
					 writing. Such writing may be available in either hard copy or in electronic
					 form.
Statutory Authority
§§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of
						Virginia.