이 장에서 사용되는 다음 단어와 용어는 문맥상 달리 명시되지 않는 한 다음과 같은 의미를 갖습니다:

"연간 반복 기간(" )은 이전 이벤트 또는 발생일로부터 13 개월 이내를 의미합니다.

"Court service unit" or "CSU" means a state or locally operated court service unit established pursuant to §§ 15.1-233 and 16.1-235 of the Code of Virginia.

"Department" means the Virginia Department of Juvenile Justice.

"Direct discharge" means the release of a resident juvenile from commitment to the department with no supervision conditions imposed upon the resident juvenile by the department or a court.

"Facility" means a juvenile correctional center operated by the department , an alternative placement for residents juveniles under the direct custody of the department, or a detention home operating a postdispositional detention program serving residents juveniles sentenced under subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia.

"Identified as having a recognized mental health, or substance abuse, or other therapeutic treatment need" use disorder or being at significant risk for the recurrence of such disorders if not treated" means a resident juvenile who meets established criteria, set forth in 6VAC35-180-30, based on objective assessment or diagnosis and assessment by a qualified mental health professional, as provided for in this regulation clinician.

"Incarceration" means confinement in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14 , A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia. (i) a detention home operating a postdispositional detention program pursuant to subsection B of § 16.1-284.1 of the Code of Virginia, (ii) a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department, or (iii) an alternative placement as a result of a commitment to the department pursuant to subdivision A 14 of § 16.1-278.8 or 16.1-285.1 of the Code of Virginia.

"Indeterminately committed" means commitment to the department pursuant to subdivision A 14 of § 16.1-278.8 of the Code of Virginia with the resident's juvenile's length of stay calculated in accordance with § 16.1-285 of the Code of Virginia and the department's Length of Stay Guidelines.

"Individual service plan" means a written plan of action developed, revised as necessary, and reviewed at specified intervals to meet the needs of a juvenile.

"Juvenile" means an individual , regardless of age, who has been currently is confined in one of the following facilities: (i) a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia, or in (ii) a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department, or in (iii) an alternative placement as a result of a commitment to the department pursuant to subdivision A 14, A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia or. Juvenile also includes an individual, regardless of age, who transitioning or has transitioned from incarceration and is under the supervision of or receiving services from a court service unit. Juvenile shall not include an individual sentenced under § 16.1-272 of the Code of Virginia who will be released directly from a department facility to an adult correctional institution or jail to complete the remaining portion of a blended sentence.

"정신 건강 임상의" 는 평가, 진단, 치료 계획, 치료 시행 및 이와 유사한 임상 상담 서비스를 제공할 수 있는 면허를 받은 임상의 또는 면허를 받은 정신 건강 임상의의 감독을 받는 면허 자격을 갖춘 임상의를 의미합니다.

"Mental health services transition plan" or "MHSTP" means the plan resulting from the enhanced planning process described by 6VAC35-180-70 through 6VAC35-180-160.

"Mental health services transition planning" means the enhanced planning process described by 6VAC35-180-70 through 6VAC35-180-160 to ensure the provision of mental health, substance abuse, or other therapeutic treatment services upon a resident's juvenile's release from incarceration. This planning process is considered "enhanced" because it is more comprehensive than the standard process for developing a plan for probation, parole, or aftercare. This process shall result in a mental health transition services plan.

"Resident" means an individual, both a juvenile and an adult, who is or was committed to the department pursuant to § 16.1-285.1 or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia and resides in a juvenile residential facility or a secure facility defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or placed in a detention home that is operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia. Resident includes an individual, both juvenile and adult, who is or was committed to the department by a circuit court judge under § 16.1-272 of the Code of Virginia. For purposes of this regulation, the term includes residents being released from incarceration who are 18 years old or older and excludes any individual sentenced under § 16.1-272 of the Code of Virginia who will be released directly from a department facility to an adult correctional institution or jail to complete the remaining portion of a blended sentence.

"Serious offender" means an individual who was committed to the department pursuant to subdivision A 17 of § 16.1-278.8 and § 16.1-285.1 of the Code of Virginia.

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).

A resident will juvenile shall be identified as having a recognized mental health, or substance abuse, use disorder or other therapeutic need being at significant risk for the recurrence of such disorders, if not treated and will shall qualify for mental health services transition planning when one of the following criteria is met:

1. A qualified mental health professional clinician determines that the resident juvenile has a current diagnosis for a mental illness health disorder or substance use disorder that is likely to result in significant impairment in the resident's juvenile's functioning in the community, including, but not limited to, the following: psychotic disorders, major affective disorders, substance use disorders, and posttraumatic stress disorder.; or

2. The resident is juvenile currently is receiving medication treatment for a mental illness health disorder or substance use disorder 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.

각각 A. Except as provided in subsection B, 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 community policy and Management Team 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.

1. The MOU shall specify the parties' commitment to participate in the planning process established in this chapter and in § 16.1-293.1 B of the Code of Virginia.

2. Other public or private agencies may be party to these agreements as appropriate.

3. The MOU shall be reviewed every five years and updated as needed.

B. A CSU or detention home that is operating a postdispositional detention program shall not be required to enter into the MOU mandated in subsection A of this section if the program certifies that it is using a family assessment and planning team (FAPT) established in accordance with § 2.2-5207 of the Code of Virginia for the development and on-going monitoring of each MHSTP required under this chapter.

1. The certification shall be written on a department-approved form, and

2. The certification shall describe the extent to which the FAPT team is responsible for the development and implementation of the MHSTP and what, if any, restrictions are imposed.

The Memorandum of Understanding shall identify:

1. The substance abuse, use or mental health, or other therapeutic treatment and case management services that the agencies will make available for residents juveniles 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 FAPT will 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 MHSTP when a certification has not been submitted pursuant to subsection B of 6VAC35-180-50;

3. How the mental health services transition planning process will take place when the FAPT will not serve as the responsible entity;

4. The process and parties responsible for making the necessary referrals specified in the plan and for assisting the resident juvenile and the resident's juvenile'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 the initiation of application(s) applications 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.

If a juvenile is indeterminately committed, committed to the department as a serious offender or placed in a postdispositional detention program in a detention home pursuant to subsection B of § 16.1-284.1, designated staff at the facility where the juvenile resides shall review the juvenile's case, including the individual service plan, to determine if the juvenile qualifies for mental health services transition planning based on the criteria set forth in 6VAC35-180-30. This determination shall be made before the facility case review meeting provided for in 6VAC35-180-70.

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, If designated staff at the facility where the juvenile resides determine that a juvenile is eligible for mental health services transition planning in accordance with 6VAC35-180-65, then at least 90 days before a resident's the juvenile's scheduled release from a facility, designated the 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 shall conduct a facility case review meeting. During the meeting, the participants shall address the continuing service needs of the juvenile, the family's involvement, the juvenile's progress towards discharge, and the anticipated release date.

B. In the event that the resident If a juvenile is committed to the department as a serious offender for 24 months or greater longer, then the facility case review meeting required in subsection A of this section shall take place at least 90 days before the second anniversary of that resident's juvenile'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 juvenile 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 meet the eligibility requirements for MHSTP planning established in 6VAC35-180-30.

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 If it is determined that a juvenile committed to the department as a serious offender under § 16.1-285.1 will return to court for a discretionary or mandatory judicial review of the juvenile's commitment, and the department anticipates or has reason to know of the hearing at least 90 days beforehand, the facility case review meeting required in subsection A of this section shall take place at least 90 days before the hearing.

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. Nothing in this section shall relieve staff in the facility of the duty to conduct the facility case review as soon as reasonably possible and before the juvenile's release from incarceration, even if it is not possible to conduct the review within the time frames mandated in subsections A, B, and C of this section.

A. The following parties shall participate (either in person or via telephone or video-conference in the facility case review meeting, either in person or via telephone or video conference, unless clearly impractical or inappropriate (as determined by the professional members of the facility case review team) and documented in the case file:

1. The resident juvenile unless clinical or safety concerns preclude the juvenile's participation;

2. The resident's juvenile's probation or parole officer, or and a representative of the Department of Corrections (adult probation or parole), if applicable;

3. A qualified mental health professional clinician familiar with the resident's juvenile's case;

4. Facility staff knowledgeable about the resident; and A facility case manager or the case manager's designee;

5. Other community agency staff, if as appropriate (e.g., Department of Social Services (DSS) personnel for a resident to be released to DSS custody).; and

6. Department of Social Services (DSS) personnel for a juvenile who was in the custody of DSS immediately prior to commitment to the department or who will be released to DSS custody.

B. The resident's family members, caregivers, juvenile's parent or legal guardian, or legally authorized representative shall be invited to attend and given the opportunity to participate in the development of the resident's juvenile's plan.

C. The professional members of the facility case review team shall have the discretion to determine whether other individuals, including those suggested by the juvenile, parent, or legal guardian, shall be invited to attend or to offer input regarding the review.

A. The results of the facility case review meeting, including any recommendations for treatment or other services, shall be distributed in writing to the following parties who participated in the meeting. The distribution shall be documented in the resident's record.:

1. The juvenile;

2. The juvenile's parent or legal guardian; and

3. Each agency participating in the facility case review meeting.

B. The distribution shall be documented in the juvenile's record.

A. If the resident meets the criteria set out in 6VAC35-180-30, the probation or parole officer present at After 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 but before the meeting addressed in subsection B of this section, court service unit staff shall begin the process of identifying the resources needed to carry out the recommendations made during the facility case review meeting.

B. However, when The probation or parole officer present at the facility case review meeting shall (i) notify the responsible agencies identified in the Memorandum of Understanding established pursuant to 6VAC35-180-50 or the applicable agencies on the family assessment and planning team and (ii) schedule a meeting to be conducted no later than 30 days before the juvenile's anticipated release, to finalize the juvenile's mental health services transition plan.

C. 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 postdispositional program at a detention home that is operating a postdispositional program at age 18 or older without having been placed on probation, probation or parole officer shall proceed with 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 in subsection B. The probation or parole officer shall obtain the resident's consent before making any referrals as a result of the meeting.

C. D. The time frames designated in subsection A B of this section shall may be waived in the event that if 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 However, nothing in this section shall relieve the probation or parole officer from conducting the meeting required in subsection B prior to the juvenile's release from incarceration, even if the meeting cannot be conducted within the time frame mandated in subsection B.

If the resident's juvenile's case is referred to the local family assessment and planning team established under the Comprehensive Children's 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 local Children's Services Act program. Additional parties identified in 6VAC35-180-120 may be required, invited, or considered for attendance at the meeting, as authorized in 6VAC35-180-120.

A. If the resident's juvenile'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 MHSTP, either in person or via telephone or video conference, unless clearly impractical or inappropriate (as determined by the professional members of the enhanced mental health services transition planning team) and documented in the case file:

1. The resident juvenile unless clinical or safety concerns preclude the juvenile's participation;

2. The resident's juvenile's parent, or 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 The juvenile's probation or parole officer or and a representative of the Department of Corrections for those offenders juveniles who will be released to adult probation or supervision; and

4. The facility case manager or designee; and

5. A representative of one or more of the agencies participating in that are party to the the Memorandum of Understanding established by 6VAC35-180-50, as applicable and appropriate.

B. The following persons may be invited to participate in the meeting to develop the resident's mental health services transition plan:

1. Other family members or caregivers who are judged to be critical to the resident's successful completion of treatment services; and

2. Any other person, agency, or institution having a legitimate interest in the development of the plan for the purpose of providing treatment or services for the resident who is the subject of the plan.

C. If the persons invited pursuant to subsections A and B of this section are unable to participate in the planning meeting as described in subsection D of this section, they may provide information prior to the meeting.

D. All participants in the development of the plan shall be concurrently available to each other during the transition services planning meeting, either in person, or by telephone conference call, or by video-conference.

B. The professional members of the team identified in subsection A shall have the discretion to determine whether other individuals, including those suggested by the juvenile, parent, or legal guardian, shall be invited to attend or to provide input into the plan.

A. The plan shall specify:

1. The person(s) person assigned case management responsibilities for the development and implementation of the mental health transition services plan MHSTP. Case management includes making all referrals and coordination of all aspects of the plan;

2. The kinds of specific substance abuse, mental health, or other therapeutic treatment and supports that will be made available to the resident juvenile;

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 based on the needs of the juvenile and access to resources;

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 All applications for services, insurance, and other financial assistance that must be completed in order for the resident juvenile 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) which shall include those applications that may not be initiated until after the resident's juvenile's release from incarceration. The plan shall assign responsibility for assisting the resident juvenile or the resident's juvenile's parents or guardians in completing such applications.; and

7. Potential barriers for successful implementation of the plan.

B. To the extent possible, all issues pertaining to the implementation of the plan shall be resolved prior to the resident's release All individuals who participate in the development of the plan shall be required to sign the plan.

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 before the resident's juvenile's release from incarceration unless such time frame is rendered impracticable by a judicial order to release the resident juvenile 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 before the juvenile's release from incarceration. Nothing in this subsection shall waive the requirement to complete the written plan, even if the plan cannot be completed within the time frames required by this subsection.

B. All referrals for services shall be made prior to the juvenile's release from incarceration 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 juvenile'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. To the extent possible, all issues pertaining to the implementation of the plan shall be resolved prior to the juvenile's release.

D. All services identified in the plan shall be provided in the least restrictive setting consistent with public safety and the juvenile's treatment needs.

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 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 in either of the following scenarios: (i) when the treatment provider submits written documentation to the probation or parole officer that the juvenile's treatment need has been met, or (ii) at the discretion of the probation or parole officer upon determining that sufficient progress has not been made or that the service provider is ineffective.

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.

A. Every 90 days, the parties to who participated in the development of the plan shall review and assess the juvenile's progress and the 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.

C. Copies of the revised plan shall be distributed to the following parties:

1. The juvenile;

2. The juvenile's parent or legal guardian;

3. The service provider; and

4. The mental health clinician, if applicable.

A. If the juvenile has been placed on probation or parole, the individuals and agencies participating in the implementation of the mental health transition plan MHSTP shall convene no later than 30 days before the juvenile's anticipated release from probation or parole supervision to determine if any of the services provided for in the plan should continue beyond the juvenile's release from probation or parole supervision.

B. If the determination is made meeting participants determine that one or more services should continue, an updated plan shall be developed for the juvenile, including identification of the case manager to be responsible for the plan from that point forward. All participants shall sign and receive a copy of the updated plan.

C. If treatment services are continued beyond the juvenile's release from probation or parole, the service provider and case manager shall have no further duty to report to the probation or parole officer on the juvenile's progress in treatment.

A. Each juvenile correctional center, juvenile detention center operating a postdispositional detention program, and court service unit subject to the requirements of this chapter shall be required to conduct and document an annual self-assessment to evaluate the facility or program's compliance with this chapter.

B. Documentation of the self-assessment shall be retained for a minimum of three years and provided to the department upon request.

Guidelines for Determining the Length of Stay of Juveniles Indeterminately Committed to the Department of Juvenile Justice, Department of Juvenile Justice, Rev. 10/01.