reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-67 - VLDS requests

Current through Register Vol. 40, No. 24, July 15, 2024
A. External
				case-specific data requests submitted through the VLDS shall be submitted to
				the department using the VLDS portal.
B. The researcher shall comply with all VLDS
				procedures in order to access data through the VLDS.
C. The chair of the HRRC shall have primary
				responsibility for reviewing and approving requests submitted through the VLDS
				portal. The chair of the HRRC may not approve an external case-specific data
				request unless the request meets the following requirements:
1. The request satisfies the conditions for
				department approval of research identified in
				6VAC35-170-30
				and
				6VAC35-170-50;
2. The request is not a human
				research proposal and does not require the HRRC's review;
3. The request is in the required format and
				includes all required information;
4. The request complies with basic research
				standards and applicable laws; and
5. The data requested are accessible and
				available in the VLDS.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-69 - Minor amendments to data requests

Current through Register Vol. 40, No. 24, July 15, 2024
If the researcher offers a minor amendment to an external
				  data request that the director previously approved in accordance with the
				  provisions of this chapter, the chair of the HRRC may conduct an expedited
				  review of the amendment, provided the amendment does not alter the scope of the
				  request. Additional review or approval by the internal committee or director
				  shall not be required.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-70 - Requirements specific to human research

Current through Register Vol. 40, No. 24, July 15, 2024
A. All human research shall comply with
				Chapter 5.1 (§
									32.1-162.16 et seq.)
				of Title 32.1 of the Code of Virginia and all other applicable laws regarding
				human research.
B. Human research
				involving known and substantive physical, mental, or emotional risk to
				subjects, including the withholding of any prescribed program of treatment, and
				all experimental medical, pharmaceutical or cosmetic research, are specifically
				prohibited.
C. Offering incentives
				to participate in research is discouraged but not prohibited. Incentives shall
				be appropriate to the juveniles' custodial status and proportionate to the
				situation.
D. If sensitive data are
				provided, the researchers must comply with appropriate security and
				non-disclosure requirements.
E. No
				human research shall be conducted without the approval of the HRRC.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-80 - Informed consent required for human research

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided elsewhere in this
				chapter, no researcher may involve a human subject in human research without
				first obtaining the informed consent of the human subject or his legally
				authorized representative. A researcher shall seek such consent only under
				circumstances that provide the human subject or the legally authorized
				representative sufficient opportunity to consider whether to participate and
				that minimize the possibility of coercion or undue influence.
B. If a human subject is competent, informed
				consent shall be given in writing by the subject and witnessed.
C. If a human subject is not competent,
				informed consent shall be given in writing by the subject's legally authorized
				representative and witnessed.
D. If
				a human subject is a minor who is otherwise capable of giving informed consent,
				informed consent shall be given in writing by both the minor and his legally
				authorized representative.
E. If
				two or more persons who qualify as legally authorized representatives with
				decision-making authority inform the researcher that they disagree as to the
				participation of the human subject, the subject shall not be enrolled in the
				human research that is the subject of the consent.
F. Notwithstanding consent by a legally
				authorized representative, no person who is otherwise capable of giving
				informed consent shall be forced to participate in human research.
G. A legally authorized representative may
				not consent to nontherapeutic research unless the HRRC determines that the
				research will present no more than a minimal risk to the human
				subject.
H. The informed consent
				form shall not include any language through which the human subject waives or
				appears to waive any legal right, including the release of an individual,
				institution, or agency or any agent thereof from liability for
				negligence.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-90 - Exemptions from the requirements governing human research

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following categories of human research
				are not subject to this chapter's provisions governing human research. Except
				as otherwise provided by law or regulation, these activities shall be subject
				to the nonhuman research review and approval process established by the
				department.
1. Activities of the Virginia
				Department of Health conducted pursuant to §
										32.1-39
				of the Code of Virginia.
2.
				Research or student learning outcomes assessments conducted in educational
				settings involving regular or special education instructional strategies; the
				effectiveness of or the comparison among instructional techniques, curricula,
				or classroom management methods; or the use of educational tests, whether
				cognitive, diagnostic, aptitude, or achievement, if the data from such tests
				are recorded in a manner so that subjects cannot be identified, directly or
				through identifiers linked to the subject.
3. Research involving solely the observation
				of public behavior, including observation by participants, or research
				involving survey or interview procedures unless subjects can be identified from
				the data either directly or through identifiers linked to the subjects, and
				either:
a. The information about the subject,
				if it became known outside the research, reasonably could place the subject at
				risk of criminal or civil liability or be damaging to the subject's financial
				standing or employability; or
b.
				The research deals with sensitive aspects of the subject's own behavior, such
				as sexual behavior, drug or alcohol use, or illegal conduct.
4. The collection or study of
				existing data, documents, records, pathological specimens, or diagnostic
				specimens, if these sources are publicly available or if the subjects cannot be
				identified from the information either directly or through identifiers linked
				to the subjects.
5. Medical
				treatment of an experimental nature intended to save or prolong the life of the
				subject in danger of death, to prevent the subject from becoming disfigured or
				physically or mentally incapacitated, or to improve the quality of the
				subject's life.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-100 - Proposal for external research

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the external research is proposed to
				take place in a particular organizational unit, the principal researcher shall
				present a preliminary research proposal to the organizational unit head and get
				the organizational unit head's endorsement .
B. The principal researcher shall submit to
				the coordinator of external research a complete research proposal describing
				the research project and containing:
1. Name,
				address, telephone number, email address, title, and affiliation of the
				principal researcher;
2. Name,
				telephone number, and email address of the person who will coordinate the
				project, if different from the principal researcher;
3. Funding source, if any;
4. Date of the proposal's submission to the
				department;
5. Title or descriptive
				name of the proposed research project;
6. Statement of the specific purpose of the
				proposed research project with anticipated results, including benefit to the
				department;
7. A concise
				description of the research design and techniques for data collection and
				analysis and of the likely effects of the research methodology on existing
				programs and institutional operations;
8. Timeframes indicating proposed beginning
				and ending dates for (i) data collection, (ii) analysis, (iii) preliminary
				report, and (iv) final report;
9. A
				list of resources the researcher will require from the department or its units,
				such as staff, supplies, materials, equipment, work spaces, or access to
				clients and files;
10. The written
				endorsement from the organizational unit head in accordance with subsection A
				of this section;
11. A written
				endorsement from the institutional review board of the institution or
				organization with which the researcher is affiliated; and
12. A signed and dated statement that the
				principal researcher and research staff have read, understand, and agree to
				abide by these regulations.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-110 - Initial review by coordinator of external research

Current through Register Vol. 40, No. 24, July 15, 2024
The coordinator of external research shall receive all
				  research proposals from external researchers and shall:
1. Ensure that the proposals are in the
				required format and include all required information;
2. Confirm that the proposal complies with
				basic research standards and applicable laws; and
3. Refer the proposals to appropriate
				department personnel for review, which, for all proposed human research shall
				include the department's HRRC.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 66-10 and 66-10.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-130 - Human Research Review Committee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall establish an HRRC
				composed of persons of various backgrounds to ensure the competent, complete,
				and professional review of human research activities conducted or proposed to
				be conducted or authorized by the department. No member of the HRRC shall be
				directly involved in the proposed human research or have administrative
				approval authority over the proposed research except in connection with his
				role on the HRRC.
B. The HRRC may
				ask persons with pertinent expertise and competence to assist in the review of
				any research proposal or ongoing human research activities.
C. The HRRC may require additional
				information from the researcher before making a recommendation to the director.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-140 - Timeline for review of human research proposals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The HRCC shall review proposals involving
				human research within 30 business days of receiving a complete research
				proposal.
B. At the request of the
				researcher, the HRRC may conduct an expedited review when the proposed research
				involves no more than minimal risk to the human subjects and:
1. The proposal has been reviewed and
				approved by another agency's HRRC; or
2. The review involves only minor changes to
				a previously approved research project.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-150 - HRRC review of human research proposals

Current through Register Vol. 40, No. 24, July 15, 2024
In reviewing the human research proposal, the HRRC shall
				  consider the potential benefits and risks to the human subjects and shall
				  recommend approval only when:
1. The
				benefits to the human subjects outweigh the risks;
2. The methodology is adequate for the
				proposed research;
3. The research,
				if nontherapeutic, presents no more than a minimal risk to the human
				subjects;
4. The rights and welfare
				of the human subjects are adequately protected;
5. Appropriate provisions have been made to
				get informed consent from the human subjects, as detailed in
				6VAC35-170-160;
6. The researchers are
				appropriately qualified;
7. The
				criteria and means for selecting human subjects are valid and equitable; and
8. The research complies with the
				requirements set out in this chapter.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-160 - HRRC review of informed consent provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The HRRC shall review and approve the
				consent process and all required consent forms for each proposed human research
				project before recommending approval to the director.
B. The committee may approve a consent
				procedure that omits or alters some or all of the basic elements of informed
				consent or waives the requirement to get informed consent if the HRRC finds and
				documents that:
1. The research involves no
				more than a minimal risk to the subjects;
2. The omission, alteration, or waiver will
				not adversely affect the rights and welfare of the subjects;
3. The research could not be performed
				practicably without the omission, alteration, or waiver; and
4. After participation, the subjects will be
				given additional pertinent information when appropriate.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-170 - Recommendation to director and final action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The HRRC shall make a recommendation to
				the director to deny, approve, or conditionally approve the proposed human
				research.
B. The director shall
				approve or deny the proposal within 10 business days of receiving the
				committee's recommendation.
C. The
				research agreement shall become effective only after all reviews required by
				this chapter are completed and the director signs the agreement on behalf of
				the department. The coordinator of external research shall send a copy of the
				signed research agreement to the principal researcher before the project may
				begin.
D. The coordinator of
				external research shall notify the principal researcher of the director's final
				decision.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-180 - Annual review of human research activities

Current through Register Vol. 40, No. 24, July 15, 2024
The HRRC shall review all human research activities at least
				  annually to ensure that they are conducted in conformance with the proposals as
				  approved by the director.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-185 - Researcher noncompliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				researcher shall report noncompliance with the approved research proposal to
				the HRRC and the institutional review board.
B. If the HRRC determines that the research
				activities fail to comply with the approved proposal or violate the Code of
				Virginia or the Virginia Administrative Code, the department may (i) restrict
				or terminate further research, (ii) prohibit the researcher from presenting or
				publishing the research results, or (iii) bar the researcher from conducting
				future studies.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-190 - Committee reports required

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				accordance with §
									66-10.1
				of the Code of Virginia, the HRRC shall submit to the Governor, the General
				Assembly, and the director at least annually a report on human research
				projects approved by the HRRC and the status of such research, including any
				significant deviation from the proposals as approved.
B. The HRRC also shall submit annually to the
				Board of Juvenile Justice the same report as required by subsection A of this
				section.
C. The HRRC shall ensure
				that an overview of the report required in subsection A of this section,
				containing a summary of approved human research projects and the results of
				such projects, is posted on the department's website unless otherwise exempt
				from disclosure under the Virginia Freedom of Information Act (§
									2.2-3700 et
				seq. of the Code of Virginia).
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-200 - Progress reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department may require periodic reports on the progress of any research
				project. The principal researcher shall be responsible for providing such
				reports and any supplementary information requested by the department.
B. The researcher shall submit an
				annual progress report to the coordinator of external research when the
				research is not completed within one year of approval.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-210 - Department permission to use research findings

Current through Register Vol. 40, No. 24, July 15, 2024
The research agreement shall specify that the department has
				  unrestricted permission to use, as they are published, all data, summaries,
				  charts, graphs or other illustrations resulting from the research
				  project.
Statutory Authority
§ 66-10.1 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-220 - Final report

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall require the principal researcher to submit a formal final
				report to the coordinator of external research and may require up to 10 copies
				of the report.
B. The report shall
				contain, unless waived by the director or designee, the following statement:
"The findings of this study are the responsibility of the
				  researchers, and cooperation by the Virginia Department of Juvenile Justice in
				  facilitating this research should not be construed as an endorsement of the
				  conclusions drawn by the researchers."
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Section 6VAC35-170-230 - Written procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall establish written procedures regarding the process for
				obtaining the organizational unit head's endorsement for any external research
				proposal, as required in
				6VAC35-170-100.
B. The department may establish written
				procedures that outline additional requirements for the submission, approval,
				and review of research projects and data requests authorized in this chapter.
				The written procedures also may identify additional data elements that the
				department deems to be sensitive data.
C. The department shall ensure that any
				written procedures established pursuant to this chapter are posted on the
				agency website.
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 170 - REGULATION GOVERNING MINIMUM STANDARDS FOR JUVENILE INFORMATION REQUESTS FROM AND RESEARCH INVOLVING HUMAN SUBJECTS WITHIN THE DEPARTMENT OF JUVENILE JUSTICE › Form - FORMS (6VAC35-170)

Current through Register Vol. 40, No. 24, July 15, 2024
Research
				  Agreement Form (rev. 9/2022)
Research
				  Proposal Summary (rev. 4/2021)
Confidentiality
				  Agreement (eff. 4/2021)
Statutory Authority: §§
											66-10
					 and
					 66-10.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part I - General Provisions › Section 6VAC35-180-20 - Purpose and goal

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  is intended to ensure the planning and provision of postrelease services
				  addressing the mental health, substance abuse, or other therapeutic treatment
				  needs of incarcerated residents as they transition back into their communities.
				  The goal is to ensure implementation and continuity of necessary treatment and
				  services in order to improve short- and long-term outcomes for juvenile
				  offenders with significant needs in these areas. Services should be provided in
				  the least restrictive setting consistent with public safety and the resident's
				  treatment needs. The plan shall address the resident's need for and ability to
				  access medication, medical insurance, disability benefits, mental health
				  services, and funding necessary to meet the resident's treatment
				  needs.
B. This chapter is intended
				  to be applied in conjunction with other relevant regulations of agencies of the
				  Commonwealth (e.g., 6VAC35-150, Standards for Nonresidential Services Available
				  to Juvenile and Domestic Relations District Courts; 6VAC35-140, Standards for
				  Juvenile Residential Facilities; 22VAC42-11, Standards for Interdepartmental
				  Regulation of Children's Residential Facilities; and 8VAC20-660, Regulations
				  Governing the Reenrollment of Students Committed to the Department of Juvenile
				  Justice).
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part I - General Provisions › Section 6VAC35-180-30 - Criteria for mental health services transition planning

Current through Register Vol. 40, No. 24, July 15, 2024
A resident will be identified as having a recognized mental
					 health, substance abuse, or other therapeutic need and will qualify for mental
					 health services transition planning when one of the following criteria is
					 met:
1. A qualified mental health
				  professional determines that the resident has a current diagnosis for a mental
				  illness that is likely to result in significant impairment in the resident's
				  functioning in the community, including, but not limited to, the following:
				  psychotic disorders, major affective disorders, substance use disorders, and
				  posttraumatic stress disorder.
2.
				  The resident is currently receiving medication treatment for a mental illness
				  as described in subdivision 1 of this section and the provider has indicated a
				  treatment necessity is to continue such medication upon release from the
				  facility.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part I - General Provisions › Section 6VAC35-180-40 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
For all activities conducted in accordance with this
					 chapter, confidential information shall be handled in accordance with all
					 relevant state or federal laws or regulations addressing the sharing of
					 confidential information.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part II - Agreements Among Agencies and Service Providers › Section 6VAC35-180-50 - Interagency Memorandum of Understanding

Current through Register Vol. 40, No. 24, July 15, 2024
Each court service unit (CSU) and detention home that is
					 operating a postdispositional detention program shall enter into a single,
					 integrated Memorandum of Understanding (MOU) with the public agencies that are
					 required to participate in the Community Policy and Management Team (CPMT), as
					 established by § 2.2-5205 of the Code of Virginia, for each jurisdiction
					 covered by the CSU or detention home that is operating a postdispositional
					 detention program. The MOU shall specify the parties' commitment to participate
					 in the planning process established in this chapter and in § 16.1-293.1B of the
					 Code of Virginia. Other public or private agencies may be party to these
					 agreements as appropriate.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part II - Agreements Among Agencies and Service Providers › Section 6VAC35-180-60 - Content of agreements

Current through Register Vol. 40, No. 24, July 15, 2024
The Memorandum of Understanding shall identify:
1. The substance abuse, mental health, or
				  other therapeutic treatment and case management services that the agencies will
				  make available for residents being released from incarceration;
2. If, and with what restrictions, the Family
				  Assessment and Planning Teams (FAPT), as established by § 2.2-5207 of the Code
				  of Virginia, shall be responsible for the development and implementation of the
				  mental health transition plan as described in
				  6VAC35-180-100 or how the mental
				  health transition planning process will take place when the FAPT will not serve
				  as the responsible entity;
3. The
				  process and parties responsible for making the necessary referrals specified in
				  the plan and for assisting the resident and the resident's family with the
				  process of applying for services identified in the plan;
4. A timeline for implementation of services
				  upon the resident's release from incarceration;
5. The sources of funding that may be
				  utilized to provide the services;
6. Methods for maximizing available sources
				  of funding, including Medicaid, and the process and parties responsible for
				  initiation of application(s) for insurance or other benefits that may be used
				  to fully or partially fund such services; and
7. Methods for handling confidential
				  information in accordance with all relevant state or federal laws or
				  regulations addressing the sharing of confidential information.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part III - Facility Review of Resident'sCase › Section 6VAC35-180-70 - Timing and purpose of the facility case review

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event that the resident is
				  indeterminately committed to the department, is committed to the department as
				  a serious offender for less than 24 months, or is placed in a detention home
				  that is operating a postdispositional detention program, then at least 90 days
				  before a resident's scheduled release from a facility, designated staff at the
				  facility where the resident resides shall review the resident's case, including
				  the resident's individualized service plan, to determine if the resident
				  qualifies for the enhanced mental health services transition planning based on
				  the criteria set forth in
				  6VAC35-180-30.
B. In the event that the resident is
				  committed to the department as a serious offender for 24 months or greater,
				  then at least 90 days before the second anniversary of that resident's
				  commitment, designated staff at the facility where the resident resides shall
				  review the resident's case, including the resident's individualized service
				  plan, to determine if the resident qualifies for enhanced mental health
				  services transition planning based on the criteria set forth in
				  6VAC35-180-30. The resident's case
				  shall be reviewed annually thereafter for determination of whether the resident
				  continues to be identified as having a recognized mental health, substance
				  abuse, or other therapeutic treatment need and continues to qualify for mental
				  health services transition planning.
C. In addition to an assessment of the
				  criteria set forth in
				  6VAC35-180-30, the facility case
				  review shall address the continuing needs of the resident, family involvement,
				  the resident's progress towards discharge, and the anticipated release
				  date.
D. The time frames designated
				  in subsections A and B of this section may be waived in the event that a
				  judicial order for release of a resident sentenced under subdivision A 16 or A
				  17 of § 16.1-278.8, § 16.1-285.1 (serious offender incarcerated in a juvenile
				  correctional center) or § 16.1-284.1 (placement in a detention home that is
				  operating a postdispositional detention program) of the Code of Virginia makes
				  such time frames impracticable. In such cases, review shall be completed as
				  soon as possible, but no later than 30 days after the resident's
				  release.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part III - Facility Review of Resident'sCase › Section 6VAC35-180-80 - Participants in facility case review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following parties shall participate
				  (either in person or via telephone or video-conference in the facility case
				  review unless clearly impractical or inappropriate (as determined by the
				  professional members of the facility review team) and documented in the case
				  file:
1. The resident;
2. The resident's probation or parole
				  officer, or a representative of the Department of Corrections (adult probation
				  or parole ), if applicable;
3. A
				  qualified mental health professional familiar with the resident's
				  case;
4. Facility staff
				  knowledgeable about the resident; and
5. Other community agency staff, if
				  appropriate (e.g., Department of Social Services (DSS) personnel for a resident
				  to be released to DSS custody).
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part III - Facility Review of Resident'sCase › Section 6VAC35-180-90 - Distribution and documentation of facility case review

Current through Register Vol. 40, No. 24, July 15, 2024
The results of the facility case review, including any
					 recommendations for treatment or other services, shall be distributed to the
					 parties who participated in the meeting. The distribution shall be documented
					 in the resident's record.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part IV - Enhanced Transition Planning › Article 1 - eveloping the Transition Plan › Section 6VAC35-180-100 - Enhanced mental health transition planning

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the resident meets the criteria set out
					 in 6VAC35-180-30, the probation or
					 parole officer present at the facility case review meeting shall (i) notify the
					 responsible agency or agencies identified in the Memorandum of Understanding
					 established pursuant to 6VAC35-180-50 and(ii) schedule a meeting, to be
					 conducted no later than 30 days prior to the resident's anticipated release, to
					 develop the resident's mental health services transition plan.
B. However, when a resident (i) will receive
					 a direct discharge from the department upon attaining the age of 21 and will
					 not be subject to adult parole supervision or (ii) will be released from a
					 detention home that is operating a postdispositional program at age 18 or older
					 without having been placed on probation, the meeting shall be scheduled and
					 proceed only with the resident's documented consent and, as required by law,
					 the consent of his parent or legal guardian.
C. The time frames designated in subsection A
					 of this section shall be waived in the event that a judicial order for release
					 of a resident sentenced under subdivision A 16 or A 17 of § 16.1-278.8, §
					 16.1-285.1 (serious offender incarcerated in a juvenile correctional center) or
					 § 16.1-284.1 (placement in a detention home that is operating a
					 postdispositional detention program) of the Code of Virginia makes such time
					 frames impracticable. In such cases, review shall be completed as soon as
					 possible, but no later than 30 days after the resident's release.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part IV - Enhanced Transition Planning › Article 1 - eveloping the Transition Plan › Section 6VAC35-180-110 - Referral to family assessment and planning team

Current through Register Vol. 40, No. 24, July 15, 2024
If the resident's case is referred to the local family
						assessment and planning team established under the Comprehensive Services Act
						(§ 2.2-5200 et seq. of the Code of Virginia), the meeting will be conducted in
						accordance with the policies of the family planning and assessment
						team.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part IV - Enhanced Transition Planning › Article 1 - eveloping the Transition Plan › Section 6VAC35-180-120 - Development of the plan if other than family assessment and planning team

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
					 resident's case is not referred to the local family assessment and planning
					 team, the following persons shall participate (either in person or via
					 telephone or video-conference) in the development of the mental health services
					 transition plan unless clearly impractical or inappropriate (as determined by
					 the professional members of the enhanced mental health transition planning
					 team) and documented in the case file:
1. The
					 resident;
2. The resident's parent,
					 legal guardian, or legal custodian unless clearly inappropriate (as determined
					 by the professional members of the review team) and documented in the case
					 file;
3. Unless the resident will
					 not be receiving any postrelease supervision, the resident's probation or
					 parole officer or a representative of the Department of Corrections for those
					 offenders who will be released to adult probation or supervision; and
4. A representative of one or more of the
					 agencies participating in the Memorandum of Understanding established by
					 6VAC35-180-50, as applicable and
					 appropriate.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part IV - Enhanced Transition Planning › Article 2 - ontent of the Plan › Section 6VAC35-180-130 - Content of the plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The plan
					 shall specify:
1. The person(s) assigned case
					 management responsibilities for the development and implementation of the
					 mental health transition services plan. Case management includes making all
					 referrals and coordination of all aspects of the plan;
2. The kinds of substance abuse, mental
					 health, or other therapeutic treatment that will be made available to the
					 resident;
3. The provider or
					 providers who will be responsible for delivering each service;
4. The projected time frame over which each
					 service will be provided;
5. The
					 proposed sources through which the services will be funded (funding sources may
					 include, but are not limited to, Medicaid, Comprehensive Services Act (§
					 2.2-5200 et seq. of the Code of Virginia), Family Access to Medical Insurance
					 Security, private insurance, and other federal, state, or local funds such as
					 Promoting Safe & Stable Families funds, federal mental health and substance
					 abuse block grant funds, Virginia Juvenile Community Crime Control Act funds,
					 DJJ Transitional Services funds, and other state general funds available to the
					 Community Service Boards, the department, or other agencies participating in
					 the planning process); and
6. Any
					 applications for services, insurance, and other financial assistance that must
					 be completed in order for the resident to obtain the identified services. Such
					 applications include (i) those that may be completed and submitted before the
					 resident's release from incarceration; (ii) those applications that may be
					 completed before, but may not be submitted until after, the resident is
					 released from incarceration; and (iii) those applications that may not be
					 initiated until after the resident's release from incarceration. The plan shall
					 assign responsibility for assisting the resident or the resident's parents or
					 guardians in completing such applications.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part IV - Enhanced Transition Planning › Article 3 - ompletion and Implementation of the Plan › Section 6VAC35-180-140 - Time frames for completing the plan and related tasks

Current through Register Vol. 40, No. 24, July 15, 2024
A. To facilitate
					 the process of referrals for services and application and enrollment for
					 financial and other assistance, the written plan shall be completed at least 10
					 days prior to the resident's release from incarceration unless such time frame
					 is rendered impracticable by a judicial order to release the resident from
					 incarceration. In such instances, the plan shall be completed as soon as
					 possible, but in no event later than 30 days following the date of the court
					 order for release.
B. All referrals
					 for services and all applications for financial and other assistance shall be
					 completed within sufficient time frames to ensure continuity of necessary
					 treatment and implementation of recommended services upon the resident's
					 release.
C. All participants in the
					 development of the plan shall sign the plan, indicating their commitment to
					 fulfill the responsibilities assigned to them.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part V - Review of the Plan › Section 6VAC35-180-150 - Reports to probation or parole officer

Current through Register Vol. 40, No. 24, July 15, 2024
When it is a condition of probation or parole that the
					 juvenile , upon release from a facility, must participate in one or more
					 treatment services provided in accordance with this chapter, the person or
					 agency responsible for providing such clinical services shall report to the
					 probation or parole officer on the juvenile's progress toward meeting the
					 plan's objectives at least monthly as long as the juvenile remains under
					 probation or parole supervision.
When the juvenile's treatment need has been met, the
					 service may be discontinued, and the probation or parole officer shall be
					 notified that the juvenile has completed the treatment.
When the juvenile discontinues participation in the
					 treatment or is suspended or terminated from the program, the probation or
					 parole officer shall be notified as soon as practicable of the juvenile's
					 changed status.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part V - Review of the Plan › Section 6VAC35-180-160 - Periodic review of mental health transition plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every 90 days, the parties to the plan
				  shall review and assess the juvenile's progress and continued applicability of
				  the plan.
B. Any changes to the
				  plan shall be made in writing. All participants shall sign and receive copies
				  of the revised plan.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.