TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Title of Regulation: 6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-10; adding 6VAC35-101-1280 through 6VAC35-101-1360).

Statutory Authority: §§ 16.1-322.7 and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 9, 2026.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, Richmond, VA 23219, telephone (804) 807-0486, fax (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

Basis: Section 66-10 of the Code of Virginia authorizes the Board of Juvenile Justice to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth administered by the Director of Juvenile Justice or the department. Section 66-13 of the Code of Virginia authorizes the Department of Juvenile Justice to receive juveniles committed to the department by the courts of the Commonwealth and to establish, staff, and maintain facilities for the rehabilitation, training, and confinement of such juveniles. Section 16.1-309.9 of the Code of Virginia requires the department to approve minimum standards for the construction and equipment of detention homes or other facilities and for food, clothing, medical attention, and supervision of juveniles housed in these facilities and programs.

Purpose: Since their creation in 2014, community placement programs (CPPs) have been governed by written agreements between the department and various juvenile detention centers (JDCs) and have not been audited by the department's Certification Unit or certified by the department director as other residential programs are. CPPs involve committed youth who are housed in JDCs and are not, therefore, explicitly covered by either the juvenile correction center (JCC) or the JDC regulations. Instead, they have been evaluated by the department's Quality Assurance Unit. The purpose of this action is to eliminate this gray area and promote consistency by establishing minimum regulatory requirements for these programs, which will ensure assessment by the same Certification Unit that audits other juvenile residential programs. The department's goal in making this change is to protect the health, safety, and welfare of CPP residents by ensuring that these programs receive the same type and level of scrutiny that all others do.

Substance: The proposed amendments (i) add a definition of community placement program; (ii) establish criteria for JDCs and alternate providers to accept placements in CPPs, including written agreements with the department and documentation on the JDC's department-issued certificate; (iii) establish basic eligibility criteria for youth to participate in CPPs; (iv) establish minimum requirements for the agreement between the department and the CPP provider; (v) require CPPs to have written program descriptions and set out the required elements of the descriptions; (vi) require each CPP to assign a case manager to provide services to CPP residents; (vii) require the CPP case manager to collaborate with the department to maintain each CPP resident's individual service plan; (viii) establish requirements for progress reporting from CPPs; and (ix) establish requirements for release from CPPs.

Issues: The purpose of these amendments is to eliminate the disparate oversight CPPs have received and bring CPPs under the same certification process currently in place for all other residential programs overseen by the department. The advantage to the Commonwealth and the regulated entities is that the action provides clarity and consistency across residential programs. For members of the public who have children in CPPs, these changes will help ensure that programs are subject to the same scrutiny as youth in other residential settings. Since the department's Certification Unit already audits all of the Commonwealth's 24 JDCs, this change will not create an undue burden for the department, nor will it excessively burden the JDCs that operate CPPs. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (board) proposes to establish (i) regulations for community placement programs (CPPs) that currently operate under agreements between Juvenile Detention Centers (JDCs) and the Department of Juvenile Justice (DJJ) and (ii) regulatory authority for DJJ to audit and certify CPPs.

Background. Starting in 2014, DJJ and JDCs have created six CPPs that are operated, on a local or regional basis, within a JDC. According to DJJ, CPPs are structured residential programs where youth originally committed to a Juvenile Correctional Center (JCC) are housed in units separate from the rest of the JDC population. CPPs are intended to place committed youth in smaller settings closer to their home communities to increase family engagement and facilitate a smoother transition back to the community after release. The programs focus on positive youth development, and increasing competency in the areas of education, vocational preparation, life and social skills, thinking skills, employability skills, and anger management.

Both JCCs and JDCs are subject to established regulations addressing personnel and staffing requirements, physical environment, facility safety and security, resident rights, program operations, health care, and behavior management. However, CPPs are not currently explicitly covered by either the JCC or the JDC regulations (6VAC35-71 and 6VAC35-101, respectively) and as a result they lack established regulations. Instead, they have been governed by agreements between DJJ and the various JDCs that house a CPP in order to ensure the health, safety, and welfare of their residents. According to DJJ, these agreements contain similar personnel, staffing requirements, physical environment, etc., standards compared to the regulatory standards for JCCs and JDCs. However, there is a notable difference with respect to oversight of CPPs in that JCCs and JDCs are subject to DJJ audit and certification requirements. In contrast, CPPs are not subject to these requirements and instead have been evaluated by DJJs quality assurance unit. In this action, the board proposes to establish regulatory standards for CPPs and the regulatory authority for DJJ to audit and certify them.

Estimated Benefits and Costs. The operation of a CPP program is optional. Therefore, we can expect a JDC to only operate a CPP program if it is expected to benefit the JDC more than it costs. Additionally, according to DJJ, the proposed regulatory standards addressing personnel, staffing requirements, physical environment, etc., for CPPs are not significantly different than the standards required under the agreements between DJJ and JDCs. Currently, the agreements accommodate unique needs of each JDC operating a CPP. Under the proposal, the minimum standards applicable to all CPPs would be part of the regulatory requirements but this would still allow each JDCs to maintain CPP unique features. Thus, the proposal to bring CPPs under such standards is not expected to create a significant economic impact other than making sure that CPPs are governed by regulatory standards, which is the same way that JCCs and JDCs are regulated. DJJ states this has the advantage for the Commonwealth and for the regulated entities of providing clarity and consistency across residential programs. It appears, however, that there would be a notable difference regarding the oversight of CPPs. DJJ states that CPPs have not been audited or certified by DJJ certification unit but have instead been evaluated by DJJ quality assurance unit. As a result, CPPs are subject to a different and perhaps less stringent accountability structure compared to JCCs and JDCs. For example, the quality assurance team evaluates the CPPs for the quality of their programs and the services provided and makes recommendations as to how services can be improved. The quality assurance team focuses on the strengths of what the CPP has in place and how to enhance the work they are already doing. The quality assurance team also ensures that CPPs are meeting their contractual obligations. The certification unit, on the other hand, conducts formal audits designed to assess compliance with regulatory requirements. Those results are reported for certification action by the Director. In essence, certification is the formal finding that a program or facility is approved to operate for a specific time period, as provided for in 6VAC35-20-100. Once the DJJ director certifies the program or facility, the results are reported to the board, usually at their next meeting. In short, the certification unit focuses on compliance with the regulations, and the quality assurance team focuses on the quality of the programs. The proposal would eliminate the disparate oversight CPPs have received and bring them under the same certification process currently in place for all other residential programs overseen by DJJ. Under the proposal, DJJ expects that health, safety, and welfare of CPP residents would be better served by ensuring that these programs receive the same type and level of scrutiny that all others do. This added consistency may in turn help DJJ and JDCs operate more effectively, which may also reduce recidivism throughout the Commonwealth.

Businesses and Other Entities Affected. There are 24 JDCs across the Commonwealth. Any one of them may choose to operate a CPP program, but currently six do so: Blue Ridge (Charlottesville), Chesterfield, Newport News, Prince William, Shenandoah Valley (Staunton), and Virginia Beach. These six CPPs currently serve a total of 57 residents. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal does not introduce costs or reduce revenues for affected entities. Thus, an adverse impact is not indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ CPPs are voluntarily operated by JDCs, which are run by local or regional commissions. Additionally, the proposed personnel, staffing requirements, physical environment etc. standards do not appear to be significantly different than those currently required. The proposed changes to audit and certification standards may be moderately burdensome for JDCs, but such standards may also provide benefits offsetting the potential burden. Thus, no adverse impact on localities is indicated. Also, although there are only six CPPs in operation in the Commonwealth any locality may choose to operate a JDC and a CPP. Thus, the proposal applies to all localities and no locality appears to be disproportionately affected.

Projected Impact on Employment. According to DJJ, any increase in staff time that may be needed would be absorbed by the existing resources. Thus, no significant impact on total employment is expected.

Effects on the Use and Value of Private Property. The proposed changes apply to locally operated JDCs and do not have any direct impact on the use and value of private property nor on real estate development costs. While the proposed text makes mention of the requirements private providers would have to follow, these requirements are designed to safeguard CPP residents in the future should DJJ ever decide to engage private providers to operate any CPPs. DJJ has no current plans to do so.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and is in agreement with the analysis.

Summary:

The proposed amendments establish provisions for the oversight of community placement programs (CPPs), including criteria for placement and release and minimum requirements for department agreements, recordkeeping, program descriptions, case management services, individual service plans, and progress reports.

6VAC35-101-10. Definitions.

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.

"Community placement program" or "CPP" means a direct care residential program for committed juveniles in a juvenile detention center or other department-approved setting, established by written agreement with the department.

"Contraband" means any item possessed by or accessible to a resident or found within a detention center or on its premises that (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 A 16 and subsection B of § 16.1.284.1 B 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.

Part X

Community Placement Programs

6VAC35-101-1280. Community placement programs at juvenile secure detention centers.

To accept placements in a community placement program, a juvenile detention center shall:

1. Be approved by the department to operate a community placement program. This approval shall be documented on the certificate issued to the juvenile detention center by the department. The capacity of the community placement program shall be included in the overall facility capacity.

2. Have a written agreement with the department in accordance with 6VAC35-101-1310.

6VAC35-101-1290. Community placement programs at department-approved alternate providers.

To accept placements in a community placement program, alternate providers shall:

1. Be approved by the department to operate a community placement program;

2. Have a written agreement with the department in accordance with 6VAC35-101-1310; and

3. Comply with the provisions of this chapter.

6VAC35-101-1300. Eligible juveniles.

Juveniles placed in a community placement program shall have a valid commitment to the department pursuant to § 16.1-278.8 or 16.1-285.1 of the Code of Virginia.

6VAC35-101-1310. Agreement with the department.

Juvenile secure detention centers or alternate providers operating community placement programs shall have a written agreement with the department. At a minimum, this agreement shall address:

1. The criteria that determine which juveniles the program will serve, including the age range of the juveniles;

2. Serious incident reporting;

3. The provision of health care services, including medical authority;

4. Residential programming, including staffing ratios and housing;

5. Mental health services transition planning;

6. The disposition of records pertaining to juveniles participating in the program;

7. Written department approval for any portion of work subcontracted by the program;

8. The process for removing a juvenile from the community placement program; and

9. The terms for terminating the agreement.

6VAC35-101-1320. Program description.

The community placement program shall have a written statement describing the program's:

1. Program philosophy;

2. Residential program;

3. Behavior management program;

4. Provision of services;

5. Educational and employment services;

6. Case management; and

7. Family engagement.

6VAC35-101-1330. Case management services in community placement programs.

The community placement program shall have a case manager assigned to provide services to CPP residents.

6VAC35-101-1340. Individual service plans in community placement programs.

The CPP case manager shall collaborate with the department to maintain the individual service plan developed for each CPP resident in accordance with 6VAC35-71-790.

6VAC35-101-1350. Progress reports in community placement programs.

A. At least every 90 days, the community placement program shall prepare and distribute to the department written reports on each CPP resident's progress. The reports shall include:

1. Progress toward meeting the objectives of the individual service plan and applicable Length of Stay requirements;

2. Educational progress;

3. Behavioral infractions or incidents;

4. Family involvement; and

5. Continuing needs.

B. Each progress report shall include (i) the date it was developed and (ii) the name of the person who developed it.

6VAC35-101-1360. Release from community placement programs.

Residents shall be released from a community placement program only upon written approval by the department.