6 Va. Admin. Code § 35-140-707

Current through Register Vol. 41, No. 8, December 2, 2024

Section 6VAC35-140-707 - Postdispositional placements

A. A detention home that accepts postdispositional placements exceeding 30 consecutive calendar days shall have written policies, procedure and practice ensuring reasonable utilization of the facility for both predispositional detention and the postdispositional program.

B. When a court orders a juvenile detained postdispositionally for a period exceeding 30 consecutive days, pursuant to § 16.1-284.1B of the Code of Virginia, the facility shall:

1. Obtain from the court service unit a copy of the court order, the resident's most recent social history, and any other written information considered by the court during the sentencing hearing; and

2. Develop a written plan with the court service unit within five business days to enable such youth to take part in one or more locally available treatment programs appropriate for their rehabilitation that may be provided in the community or at the facility.

C. When a detention facility accepts postdispositional placements exceeding 30 consecutive days pursuant to § 16.1-284 of the Code of Virginia, the facility shall:

1. Provide programs or services for such postdispositional residents that are not routinely available to detained youth who are awaiting disposition. This requirement for separate programs or services does not prohibit postdispositional residents from participating in predispositional services or programs in addition to postdispositional services or programs.

2. Establish a schedule clearly identifying the times and locations of programs and services available to postdispositional residents.

D. Upon the referral of the probation officer or the order of the court, the detention facility shall conduct the statutorily required assessment as to whether a juvenile is an appropriate candidate for placement in a postdispositional program exceeding 30 consecutive days. The assessment shall assess the juvenile's need for services using a process that is outlined in writing, approved by the department, and agreed to by both the detention home superintendent and the director of the court service unit. Based on these identified needs, the assessment shall indicate the appropriateness of the available postdispositional programs or services for the juvenile's rehabilitation.

E. When a postdispositional resident would have to be released from the secure facility to access programs or services in the community, both the detention home and the court service unit shall agree in writing as to the suitability of the juvenile to be temporarily released for this purpose. Juveniles who present a significant risk to themselves or others shall not be considered suitable candidates for paid employment outside the facility nor for programs or services offered outside the facility; they may, however, participate in programs or services within the facility, if appropriate programs or services are available.

6 Va. Admin. Code § 35-140-707

Derived from Virginia Register Volume 21, Issue 19, eff. July 1, 2005.

Statutory Authority

§§ 16.1-309.9, 66-10 and 66-25.1 of the Code of Virginia.