Title of Regulation: 6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-10, 6VAC35-101-20, 6VAC35-101-40 through 6VAC35-101-110, 6VAC35-101-130 through 6VAC35-101-155, 6VAC35-101-170 through 6VAC35-101-210, 6VAC35-101-240, 6VAC35-101-250, 6VAC35-101-260, 6VAC35-101-310, 6VAC35-101-330 through 6VAC35-101-380, 6VAC35-101-400 through 6VAC35-101-430, 6VAC35-101-460 through 6VAC35-101-580, 6VAC35-101-600 through 6VAC35-101-740, 6VAC35-101-770 through 6VAC35-101-840, 6VAC35-101-860 through 6VAC35-101-900, 6VAC35-101-920 through 6VAC35-101-1100, 6VAC35-101-1130, 6VAC35-101-1140, 6VAC35-101-1160 through 6VAC35-101-1250, 6VAC35-101-1270; adding 6VAC35-101-152, 6VAC35-101-175, 6VAC35-101-177, 6VAC35-101-185, 6VAC35-101-187, 6VAC35-101-195, 6VAC35-101-197, 6VAC35-101-635, 6VAC35-101-1105, 6VAC35-101-1115, 6VAC35-101-1145, 6VAC35-101-1153 through 6VAC35-101-1158; repealing 6VAC35-101-30, 6VAC35-101-270, 6VAC35-101-280, 6VAC35-101-290, 6VAC35-101-300, 6VAC35-101-1090, 6VAC35-101-1110, 6VAC35-101-1150).

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: July 23, 2021.

Agency Contact: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 588-3902, FAX (804) 371-6497, or email kristen.peterson@djj.virginia.gov.

Basis: The board is entrusted with general, discretionary authority to promulgate regulations by § 66-10 of the Code of Virginia, which authorizes the board to promulgate such regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth. Additionally, § 16.1-309.9 of the Code of Virginia requires the board 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: The proposed amendments are the result of a comprehensive review of this chapter conducted by department staff, representatives from the Virginia Juvenile Detention Association, various state agencies, and several juvenile justice advocates. The amendments are necessary to streamline the language and clarify ambiguous or confusing provisions. The amendments also impose new requirements that align with changes that have occurred since the department's last review of the regulation, as well as recommendations the department received.

In 2003, Congress enacted the Prison Rape Elimination Act (PREA) (P.L. 108-79) to provide for the analysis of the incidence and effects of prison rape in federal, state, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape. PREA created a commission charged with developing standards for the elimination of prison rape. The final rule for these standards became effective in 2012; however, juvenile correctional facilities had until October 2017 to comply with the standards related to staffing requirements and staffing ratios. Although many detention centers have adopted written procedures or are employing practices that align with PREA's mandates, the department's existing regulatory provisions regarding staffing ratios directly conflict with the PREA standards for juvenile facilities. Maintaining detention center existing staffing ratios could increase the likelihood of detention rape or assault incidents. Therefore, the department is proposing amendments to these provisions that align with the mandates in PREA.

In 2016, the Virginia Code Commission promulgated regulations intended to provide state agencies with guidance on filing, submitting, and publishing agency regulatory actions. The regulations prohibit state agencies from incorporating documents of their own creation into the agency's regulations unless the agency establishes that the documents or circumstances are unique and unusual. Some of the provisions in the existing regulation require detention centers to adhere to department-developed procedures or guidelines in violation of the Code Commission's regulations. The department is proposing amendments to remove these invalid provisions.

Legislation (Senate Bill 215) introduced during the 2016 Session of the General Assembly would have required the department to promulgate regulations that specified the parameters for imposing room confinement in juvenile correctional centers and juvenile detention centers. Although the legislation ultimately failed, it prompted the department to make room confinement a focal point for examination during the comprehensive review of this chapter. As a result of this review, the committee determined that additional restrictions were needed to ensure adequate monitoring protocols are in place, restriction periods are approved through proper channels, and medical and mental health professionals are assessing the impact on residents who are on room restriction for extended periods. These protocols will help to ensure the safety of residents who are confined to their rooms.

At least one juvenile detention center currently contracts with the federal government to house residents under the federal government's custody. This program operates separately from the facility's predispositional and postdispositional programs. The department recently identified a gap in its certification authority that prevented the certification unit from inspecting and reviewing files of and interviewing residents under the federal government's custody. This gap had prevented the department from verifying facility compliance with its regulations and from ensuring the safety of the program participants. The department has addressed this issue through a fast-track regulatory action requiring these contracts to include provisions that bind the program to the department's certification regulations and that give the department access to residents within the program. This proposal includes additional amendments to the fast-track change clarifying that such contracts must be in writing and communicated to the department.

Chapter 599 of the 2020 Acts of Assembly directs the Board of Juvenile Justice, in collaboration with the Department of Behavioral Health and Developmental Services, to establish regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to contracts with the federal government. In order to carry out this directive, the department has convened a committee of representatives from juvenile detention centers, Department of Juvenile Justice staff, the Office of Refugee Resettlement, and the Department of Behavioral Health and Developmental Services. The department anticipates filing a separate regulatory action once this committee completes its work.

The use of mechanical restraints, and more specifically, the mechanical restraint chair in secure juvenile facilities has generated significant controversy in recent years. When the proper approvals, restrictions, and monitoring controls are not in place or when staff utilize these devices negligently, they can be dangerous to residents in secure facilities. Virginia's current regulations impose very few restrictions on the use of mechanical restraints and the restraint chair. Furthermore, this chapter is completely silent with respect to rules governing the use of spit guards used to curtail spitting and biting, as well as other protective devices. These omissions could leave both staff and residents susceptible to injury and juvenile detention centers (JDCs) vulnerable to litigation.

Having each of these protections in place is essential to protect the health, safety, and welfare of residents, staff, and visitors in JDCs and individuals in the community. Having clear, concise regulations in place will help JDCs operate more safely and efficiently, thus meeting the overall rehabilitation and community safety goals of the department.

Substance:

The department recommends the following new provisions to the chapter:

6VAC35-101-630 and 6VAC35-101-635, incorporating the provisions of department-developed Guidelines for Transporting Juveniles in Detention, which establish rules related to vehicular transportation of detained juveniles, transportation of violent and disruptive residents, and transportation of residents traveling outside the jurisdictional boundaries or to specified destinations.

6VAC35-101-1100, outlining new parameters for residents placed in room restriction, including residents restricted for safety and security or for violating a rule of the facility.

6VAC35-101-1105, outlining the protocol when JDCs place residents in disciplinary room restriction as a consequence for violating a facility rule and after the resident has been afforded the protections of the disciplinary process.

6VAC35-101-1130, 6VAC35-101-1140, 6VAC35-101-1145, 6VAC35-101-1153, 6VAC35-101-1154, 6VAC35-101-1155, 6VAC35-101-1156, 6VAC35-101-1157, and 6VAC35-101-1158, establishing new restrictions on the use of mechanical restraints, protective devices, including spit guards, and mechanical restraint chairs.

The department recommends several substantive amendments to existing language in this regulation:

Add language requiring JDCs that enter into agreements to detain residents under custody of a separate entity to document the agreement in writing, notify the department immediately of such agreement, and provide the department with a copy of the agreement. Remove the explicit provision mandating that facilities that fail to comply with a regulatory requirement must ensure this noncompliance will not pose a danger to residents. Remove the requirement that facility staff report serious incidents in accordance with department procedures.

Add provisions to reflect the statutory language that prohibits JDCs from hiring for employment or bringing on as volunteers or contractors certain individuals convicted of applicable barrier crimes. Remove the directive that every employee's records contain annual performance evaluations. Strike the requirement that the resident's face sheet include the address of the applicable Court Service Unit (CSU).

Allow facility administrators to identify in written procedures the critical safety, emergency, and communications equipment that must be inspected, tested, and maintained regularly. Modify the ratio of showers or bathtubs to residents for facilities constructed or structurally modified on or after December 28, 2007, from one-to-four to one-to-five. Expand the types of tobacco prohibited and the category of individuals precluded from using tobacco products in areas of the JDC premises where residents may see or smell the product. Strike the mandate that animals maintained on the premises be housed a reasonable distance from sleeping and living areas.

Amend the facility's emergency preparedness training requirements to cover the implementation of evacuation procedures that encompass all individuals with disabilities (e.g., visitors) who may be in the facility rather than focusing solely on residents with disabilities. Remove the facility administrator's broad authority to approve manual and instrumental anal or vaginal cavity searches and permit such searches only pursuant to court order, except in exigent circumstances in which the resident requires medical attention. Add language directing JDCs, when allowing third parties to assume temporary custody of residents for purposes of transportation, to provide these parties with written information known to the JDC concerning the immediate medical needs and mental health condition of the resident, including the resident's recent suicidal ideations or suicide attempts.

Replace references to physician with health care professional throughout the regulation in order to allow other health officials (e.g., nurses) within the facility to make decisions concerning (i) deprivation of food or water for legitimate medical purposes; (ii) administration of special diets or alternative dietary schedules; and (iii) whether the facility is capable of caring for residents with confirmed communicable diseases. Direct the facility to consider the resident's own views regarding the resident's safety in determining whether the resident is a member of a vulnerable population. Require that first class mail received for released or transferred residents be forwarded to the resident's last known address or forwarding address or returned to sender. Allow for an exception for certain specified purposes to the requirement that residents receive daily opportunities to shower provided required approvals are obtained and the exception is authorized in written procedures. Permit special diets, with required approvals, for residents who have used food or utensils to threaten facility security.

Require facilities to conduct a general assessment of the resident's physical condition during the admission process and prohibit the facility from admitting certain impaired individuals, individuals in need of medical attention, or individuals who require immediate emergency medical treatment, until they have been medically cleared for admission. Remove the requirement that a resident receive orientation before being assigned to a housing unit or sleeping room. Allow JDCs to supplement the mental health screening instrument used to conduct the statutorily mandated screenings with additional questions or observations. Allow the facility to establish the manner by which the identity of individuals making entries into the daily log will be recorded. Restrict a resident's ability to assist in support functions to those tasks that are part of the established, structured program. Modify the required staffing ratios from one-to-10 to one-to-18 during resident waking hours and direct JDCs to develop, implement, and document a staffing plan providing for adequate staffing and video monitoring, where applicable. Strike the requirement that a resident's paid or unpaid work assignments accord with the resident's individual service plan.

Mandate that first aid kits be maintained in facility vehicles used to transport residents. Expand the list of entities a staff member may contact to respond to a medication incident to include a hospital. Explicitly exclude from the definition of medication incident a JDC's failure to administer medication due to repeated unsuccessful attempts to obtain the medication.

Explicitly establish the parameters that must be addressed in written procedures regarding cooling-off periods related to communication, staff monitoring, and documentation. Require the facility administrator to collect information specifically on the use of room restriction and cooling-off periods and to review the information annually to inform the facility's practices. Remove the JDC's duty to document the rationale for failing to complete the disciplinary report within the required 12 hours, or the appeal within the required 24 hours, if the delay results from the resident's scheduled sleeping hours. Remove the facility's duty to notify the resident in writing of the results of a disciplinary appeal, instead allowing the resident and staff to certify in writing that the resident was informed of the appeal results. Strike the provision that makes the duty to place a disciplinary report in the resident's case record contingent upon a guilty outcome in a disciplinary proceeding. Expand the information that must be addressed in written procedures governing room restriction to include its consequences, factors to consider before restricting a resident, circumstances under which a resident should be debriefed, and the conditions that warrant consultation with a mental health professional and expanded monitoring for restricted residents exhibiting self-injurious behavior. Increase the frequency of required room checks during room restriction from 30-minute intervals to 15-minute intervals. Clarify that the type of daily exercise that JDCs must afford restricted residents is large muscle exercise and allow for exceptions only if approved by the facility administrator or the facility administrator's designee. Require the facility administrator or the facility administrator's designee to provide written approval, including a rationale for why the continued room restriction is necessary, for any room restriction beyond 24 hours. Require a qualified mental health professional (QMHP) or qualified medical professional to conduct an assessment of a resident's mental health and medical status if the room restriction is anticipated to exceed 72 hours. The assessment must occur within the initial 72-hour room restriction period and on a daily basis following the 72-hour period until the resident is released from restriction. Expand the individuals authorized to extend room restriction beyond five days to include QMHPs, in addition to medical providers. Direct the facility administrator, as part of the facility administrator's daily personal contact with each restricted resident, to assess and document whether nondisciplinary-restricted residents are prepared to return to general population and whether any restricted resident requires a mental health evaluation. Provide that residents placed in room restriction may not be housed more than one to a room. Prohibit JDCs from restricting legally required educational programming or special education services during disciplinary room restriction. Remove the facility administrator's absolute bar on restricting reading and writing and mandate that the facility administrator provide opportunities for these activities according to the restricted resident's safety and security needs. Impose a number of restrictions on the use of spit guards in juvenile detention centers. At original publication, this form reflected the board's May 6, 2019, decision to prohibit staff from using spit guards on residents for any period. The board reconsidered and overturned this decision on March 11, 2020, and amendments to the regulation will allow JDC staff to use spit guards on residents but limit the types of spit guards that may be used and the manner in which they may be applied. Impose additional restrictions on the purposes for which mechanical restraints and the mechanical restraint chair may be used. Impose other restrictions and controls on the use of mechanical restraints, protective devices, and restraint chairs, including, for example, limiting the duration of use, requiring certain medical staff to be notified at various stages of the process, imposing various additional documentation requirements, requiring staff to film use of the chair, requiring DJJ monitoring visits for each restraint chair use, and requiring annual reporting to and review by the board. Specify that JDC staff may secure residents to hospital beds or wheelchairs if in outside medical settings and with certain written approval. Allow JDCs to have a system of accountability in place rather than a written record of routine and emergency restraint equipment distribution. Clarify that staff must first take appropriate action to stabilize the threat or harm when a mechanically restrained resident exhibits self-injurious behavior, before consulting with a mental health professional.

Replace the board with the director as the entity authorized to certify JDC post-dispositional programs and remove the requirement that this approval be based on the facility's compliance with the postdispositional regulatory provisions.

To make the regulation easier to navigate, the department is recommending rearranging a number of the personnel-related provisions addressing background checks, orientation, and training for employees and certain contractors and volunteers in JDCs. This necessitates the repeal of an entire article on volunteers and interns and the creation of several new provisions in another article to incorporate these repealed provisions.

Issues: Many of the amendments proposed in this regulatory action are expected to be advantageous to the public. As a result of the proposed additional monitoring and documentation requirements for residents placed in room restriction and on cooling-off periods, resident safety and facility security will be enhanced. JDCs will be equipped with additional information to determine the effectiveness and benefits of their behavior management programs and intervention techniques. Safety will be enhanced among JDC staff and residents due to modified staff to resident ratios, compliance with the PREA mandates, and expanded smoking prohibitions.

Similarly, additional controls placed on the use of mechanical restraints, protective devices, and the mechanical restraint chair will help to ensure that residents who are mechanically restrained due to behavior that threatens themselves or others or impedes critical facility operations will be restrained in a manner that ensures their safety.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (Board) proposes to: 1) adopt additional safeguards for the use of mechanical restraints and mechanical restraint chairs and new requirements for spit guards, 2) adopt additional safeguards for room confinement, 3) incorporate in the regulation staffing ratios of the federal 2003 Prison Rape Elimination Act, 4) reduce the number of showers or bathtubs required for residents, 5) exclude certain types of medication incidents from documentation requirements, 6) incorporate current guidance on transportation of juveniles in detention into the regulation, 7) require that a first-aid kit be maintained in facility and in transport vehicles, 8) clarify that facilities serving residents under custody of separate entities have contracts in writing and that this be communicated to the Department of Juvenile Justice (DJJ), and 9) streamline many existing requirements and clarify regulatory language.

Background. This regulation establishes the minimum standards with which staff in secure juvenile detention centers must comply. These facilities are operated by local governments or groups thereof (commissions), but are subject to certification by the board. The primary purpose of the regulation is to ensure safety and security within these facilities. The regulation addresses personnel and staffing requirements, physical environment, facility safety and security, residents' rights, program operations, health care, and behavior management for juvenile detention centers operating pre-dispositional programs solely or both pre-dispositional and post-dispositional programs.

This regulatory action includes comprehensive amendments. The proposed amendments are the result of a review of this chapter conducted by DJJ staff, representatives from the Virginia Juvenile Detention Association, various state agencies, and several juvenile justice advocates.

Estimated Benefits and Costs. This action contains proposals for numerous changes. Some of the changes are intended to limit the use of various types of restraints; many are intended to eliminate requirements that the Board either believes are impractical or that impose small but undue burdens on regulated facilities; remaining changes would improve the clarity of the language. The changes that appear to be substantive are discussed.

Mechanical restraints and chairs. The proposal amends the language regarding the use of mechanical restraints¹ and mechanical restraint chairs,² and adds new language allowing the use of spit guards³ so long as certain precautions are taken. According to DJJ, the use of mechanical restraints, and more specifically, the mechanical restraint chair in secure juvenile facilities has generated significant controversy in recent years. When the proper approvals, restrictions, and monitoring controls are not in place or when staff utilize these devices negligently, they can be dangerous to residents in secure facilities. In addition, this regulation currently is silent with respect to rules governing the use of spit guards used to curtail spitting and biting, as well as other protective devices. The current regulation imposes few restrictions on the use of mechanical restraints and the restraint chair.

The proposal places additional restrictions on the purposes for which mechanical restraints and the mechanical restraint chair may be used, and imposes other restrictions and controls on the use of mechanical restraints and restraint chairs, including, for example: training, limiting the duration of use, requiring certain medical staff to be notified at various stages of the process, imposing various additional documentation requirements, requiring staff to film use of the chair, requiring DJJ monitoring visits for each restraint chair use, and requiring annual reporting to and review by the board. DJJ reports that these provisions are consistent with the National Commission on Correctional Health Care Standards for Health Services in Juvenile Detention and Confinement Facilities.

The proposed amendments are expected to impose additional administrative costs for those detention centers that opt to utilize the mechanical restraints/restraint chair and do not have the video equipment, sufficient staff, trained staff, or adequate electronic or other storage space to meet the new requirements. DJJ indicates that there are 12 or 13 facilities that currently utilize or have the mechanical restraint chair. An estimate of the cost cannot be provided at this time, as it is not clear which facilities would continue utilizing the mechanical restraint chair and the extent to what additional equipment or staff would be necessary. These changes however would also help ensure their proper use, enable the department to assess whether the facility has complied with the new regulatory requirements, and that residents who are restrained due to behavior that threatens themselves or others or impedes critical facility operations are restrained in a manner that ensures their safety.

The proposal also adds new language regarding the use of spit guards to control the transmission of communicable diseases and prevent other injuries to staff and residents. The proposed language limits the types of spit guards that may be used and the manner in which they may be applied. Staff must be trained and documentation must be maintained whenever spit guards are utilized. Compliance with the new requirements when utilizing spit guards would introduce additional costs associated with training and documentation of procedures followed and should help ensure their proper use. To the degree that the effectiveness of spit guards improves with their use as prescribed leads to a decrease in the spread of communicable diseases, a benefit would be conferred upon the individuals who would otherwise contract the disease and any costs that may result.

Room confinement. The Board proposes to introduce additional restrictions for room confinement to ensure adequate monitoring protocols are in place, restriction periods are approved through proper channels, and medical and mental health professionals are assessing the impact on residents who are on room restriction for extended periods.⁴ The board proposes relevant amendments that include increasing the frequency of required room checks during room restriction from 30-minute intervals to 15-minute intervals, requiring the facility administrator or his designee to provide written approval for any room restriction beyond 24 hours, and requiring a qualified medical professional to conduct an assessment of a resident's mental health and medical status if the room restriction is anticipated to exceed 72 hours. According to DJJ, these changes reflect the national trend towards more monitoring protocols and additional opportunities for resident/staff interaction.

The enhanced mental and medical health assessment requirements for residents restricted in excess of 72 hours constitutes a mandate for detention centers and Community Service Boards (CSBs) that would create additional administrative costs for CSBs responsible for conducting mental health assessments and addressing residents' mental health needs. DJJ notes that very few detention centers have mental health clinicians on staff and must rely primarily on local CSBs to provide these services. To the extent such services are not subsidized by the Commonwealth, they must be funded by localities.

These new, more specific directives may create additional monitoring, data-gathering and analysis responsibilities for staff in detention centers, which may require additional positions or an update to existing systems or software and may result in an increased workload for existing staff. DJJ indicates that vast majority of facilities utilize room confinement. While these changes are anticipated to impose significant additional administrative responsibilities on detention center staff that may necessitate hiring additional personnel, the changes would help ensure that room restriction is administered in a manner that is safe for both residents and staff and produces the most positive outcome for residents.

Federal Prison Rape Elimination Act.

In 2003, Congress enacted the Prison Rape Elimination Act (PREA) to "provide for the analysis of the incidence and effects of prison rape in federal, state, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape." The act created a commission charged with developing standards for the elimination of prison rape. The final rule for these standards became effective in 2012; however, juvenile correctional facilities had until October 2017 to comply with the standards related to staffing requirements and staffing ratios. According to DJJ the staffing ratios in the PREA provide a safe and reasonable benchmark for ensuring the safety of residents.

The proposal would modify the direct care employee to resident staffing ratio from 1:10 to 1:8 during waking hours on the premises, or during participation in off-campus, facility sponsored activities, in order to comply with the standards applicable to juvenile residential facilities under PREA. DJJ reports that many detention centers have adopted written procedures or are employing practices that align with PREA's mandates. In the event that a specific detention center does not meet the proposed ratio currently, this proposed change may result in additional personnel costs. If additional personnel are needed, such additional costs would be borne by the locality or commission responsible for the facility's operation. On the other hand, an increased staffing ratio would help ensure that residents are accounted for and properly monitored, which may reduce the likelihood of injuries or other incidents.

Ratio of showers or bathtubs to residents.

The proposal amends the ratio of showers or bathtubs to residents in new facilities that may be constructed to require one shower or tub for every five, rather than four, residents. This proposal would give localities seeking to construct new detention centers or renovate existing facilities additional space for programming and may decrease construction or facility operational costs. According to DJJ, two detention centers are currently in the planning phase for a new or renovated facility.

Medication incidents. The proposal changes the definition of medication incidents to exclude a detention center's unsuccessful attempts to obtain medication. This change would reduce some of the administrative burden associated with documentation of these specific incidents.

Information to external parties. Detention centers are responsible for transporting their residents to local medical and dental appointments and local psychological and psychiatric evaluations but are not required to transport them to appointments outside Virginia's geographical boundaries or more than 25 miles, one way, from the facility. The proposal incorporates requirements from the Guidelines for Transporting Juveniles in Detention, which were issued by the Board in 2004 to establish administrative and safety guidelines local detention center staff must follow when transporting or allowing others to transport residents outside the facility. As these changes are part of existing guidelines that have been incorporated by reference into the regulation and have been in place for detention centers since 2004, this proposed amendment would have no additional impact on residents, staff, or facility operations.

First-aid kits. The proposal adds language requiring that a first-aid kit be maintained within the facility and in facility vehicles used to transport residents. This amendment is intended to help staff of facilities respond to minor resident injuries while on premises and in transporting residents off-site. According to DJJ, most facilities have a fleet of vehicles for these purposes, and many already maintain first aid kits in their vehicles to comply with local ordinances. Thus, facilities are not expected to incur significant additional expenses because most already meet this requirement.

Residents under custody of separate entities.⁵

According to DJJ, at least one juvenile detention center currently contracts with the federal government to house residents under the federal government's custody. This program operates separately from the facility's pre-dispositional and post-dispositional programs. DJJ recently identified a gap in its certification authority that prevented the certification unit from inspecting and reviewing files of and interviewing residents under the federal government's custody. This gap had prevented DJJ from verifying such facilities' compliance with its regulations and from ensuring the safety of the program participants. DJJ previously addressed this issue in 2019 through a fast-track regulatory action⁶ requiring these contracts to include provisions that bind the program to the department's certification regulations and that give the department access to residents within the program. This proposal includes additional amendments to the regulatory requirements adopted as part of the previous fast-track change. These proposed changes would clarify that such contracts must be in writing and communicated to the department, which would not introduce any additional significant costs.

Businesses and Other Entities Affected. The Board currently regulates 24 detention centers operated by local governments or local commissions.⁷ The average daily population statewide was 521 in fiscal year 2019 and 452 in fiscal year 2020. The proposed changes to the regulatory provisions would affect these facilities as well as their staff and residents.

As discussed, detention centers that have been utilizing or opt to use mechanical restraints, mechanical restraint chair, spit guards, and room confinement would be most significantly affected due to added costs in terms of training, staffing, and equipment to comply with the proposed requirements. DJJ indicates that there are 12 or 13 facilities that currently utilize or have a mechanical restraint chair and that vast majority of facilities utilize room confinement. An adverse economic impact⁸ is indicated on those affected facilities. The proposals for reduced shower or bathtub ratio and excluding certain medication incidents from reporting should reduce compliance costs. The remaining changes do not appear to have a significant economic impact.

Local CSBs may also be affected due to the enhanced mental and medical health assessment requirements for residents placed in room confinement. No data are current available to assess any potential costs that may result.

Small Businesses⁹ Affected:

The proposed regulation may indirectly affect small businesses only insofar as a small business provides a program or service subject to this regulation. Some of these businesses may meet the definition of a small business and may be publicly or privately operated. DJJ does not have sufficient information to determine the number of businesses that contract with local detention centers, the number of such businesses that meet the definition of small businesses, or the extent to which such businesses would be impacted by the proposed amendments. Also, none of the proposed changes appears to have a direct economic impact on businesses. Thus, no adverse impact on small business is indicated.

Localities¹⁰ Affected.¹¹

As stated, the 24 juvenile detention centers are operated by local governments or local commissions. These facilities are located in City of Charlottesville, City of Chesapeake, Chesterfield County, Prince George County, County of Fairfax, Henrico County, City of Bristol/Highland County, Powhatan County, Leesburg/Loudoun County, City of Lynchburg, James City County, City of Newport News, Christiansburg/Montgomery County, City of Norfolk, City of Alexandria, City of Winchester, Prince Edward County, Prince William County, City of Fredericksburg, City of Richmond, City of Roanoke, Staunton County, City of Virginia Beach, and City of Danville.

To the extent the proposed additional training, monitoring, and documentation requirements are applicable, they are anticipated to result in additional costs for local juvenile detention centers, which would be borne by the locality or commissions responsible for their operation. The proposed amendments regarding mechanical restraints, restraint chairs, spit guards, and room confinement would impact only those detention centers that utilize them. DJJ indicates that there are 12 or 13 facilities that currently utilize or have a mechanical restraint chair and that vast majority of facilities utilize room confinement. There are two detention centers currently in the planning phase for a new or renovated facility and may benefit from the reduced shower or bathtub ratio. The juvenile detention center located in Staunton County currently contracts with the federal government to house residents under the federal government's custody, which would be particularly affected by the changes discussed under the heading "Residents under custody of separate entities." Consequently, an adverse economic impact on localities is indicated.

Projected Impact on Employment. The proposed additional training, monitoring, and documentation requirements would add to the demand for labor by the affected facilities. Consequently, there may be a moderate increase in employment.

Effects on the Use and Value of Private Property. The proposed amendments do not affect private property or real estate development costs.

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¹"Mechanical restraint" is defined as an approved mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of an individual's body as a means of controlling his physical activities when the individual being restricted does not have the ability to remove the device. For purposes of this chapter, mechanical restraints shall include flex cuffs, handcuffs, leather restraints, leg irons, restraining belts and straps, waist chains, and anti-mutilation gloves. For purposes of this chapter, mechanical restraints shall not include mechanical restraint chairs.

²"Mechanical restraint chair" is defined as an approved chair used to restrict the freedom of movement or voluntary functioning of a portion of an individual's body as a means of controlling his physical activities while the individual is seated and either stationary or being transported.

³"Spit guard" is defined as a device designed for the purpose of preventing the spread of communicable diseases as a result of spitting or biting.

⁴DJJ notes that Senate Bill 215 introduced during the 2016 Virginia General Assembly session would have required promulgation of regulations that specified the parameters for imposing room confinement in juvenile correctional centers and juvenile detention centers. Although the legislation ultimately failed, it prompted DJJ to make room confinement a focal point for examination during the comprehensive review of this chapter.

⁵DJJ notes that during the 2020 legislative session the General Assembly enacted legislation (2020 Acts of Assembly, Chapter 599) directing the Board, in collaboration with the Department of Behavioral Health and Developmental Services to establish regulations governing the housing of such youth who are detained in a juvenile correctional facility pursuant to contracts with the federal government. In order to carry out this directive, DJJ has convened a committee of representatives from juvenile detention centers, DJJ staff, the Office of Refugee Resettlement, and the Department of Behavioral Health and Developmental Services. DJJ anticipates filing a separate regulatory action once this committee completes its work.

⁶https://townhall.virginia.gov/l/ViewStage.cfm?stageid=8371

⁷Data source: DJJ

⁸Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

⁹Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

¹⁰"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.

¹¹§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The responsible Board of Juvenile Justice agency representatives have reviewed the Department of Planning and Budget's economic impact analysis and are in agreement with the analysis.

Summary:

The proposed amendments (i) adopt additional safeguards for the use of mechanical restraints and mechanical restraint chairs and new requirements for spit guards,(ii) adopt additional safeguards for room confinement, (iii) incorporate staffing ratios of the federal 2003 Prison Rape Elimination Act, (iv) reduce the number of showers or bathtubs required for residents, (v) exclude certain types of medication incidents from documentation requirements, (vi) incorporate current guidance on transportation of juveniles in detention into the regulation, (vii) require that a first-aid kit be maintained in facility and in transport vehicles, (viii) clarify that facilities serving residents under custody of separate entities have contracts in writing and that this be communicated to the Department of Juvenile Justice, and (ix) streamline existing requirements and clarify regulatory language.

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.

"Aversive stimuli" means physical forces, such as sound, electricity, heat, cold, light, water, or noise, or substances, such as hot pepper, pepper sauce, or pepper spray, measurable in duration and intensity that, when applied to a resident, are noxious or painful to the resident.

"Behavior management" means those the 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 staff safety and security.

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information relating to one regarding a 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; individual service plans with periodic revisions; aftercare plans and discharge release summary; and any other information related to the resident.

"Contraband" means any an 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.

"Contractor" means an individual who has entered into a legal agreement with a secure juvenile detention center to provide services directly to a resident on a regular basis.

"Cooling-off period" means a temporary period in which a resident either is placed or voluntarily places himself in a room or area for a maximum period of 60 minutes to calm the resident or deescalate a volatile situation.

"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 director of the Department of Juvenile Justice department.

"Disciplinary room restriction" means the placement of a resident in room restriction as a consequence after application of the disciplinary process, as provided for in 6VAC35-101-1080 for a violation of a rule of the facility.

"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 hostage situation, major disturbances disturbance, escape, and or bomb threats threat. Emergency does not include regularly scheduled employee time off or other situations that reasonably could be reasonably anticipated.

"Facility administrator" means the individual who has the responsibility is responsible for the on-site management and operation of the detention center on a regular basis.

"Full search" means the removal of some or all of a resident's clothing and a visual inspection of all body parts, including vaginal and anal cavity areas, in order to determine whether contraband is present or to inspect for physical injuries.

"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, actions 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, responding to resident medical concerns, and assisting in the implementation of certain medical orders.

"Human research" means a systematic investigation, including research development, testing, and evaluation utilizing human subjects that is designed to develop or contribute to generalized knowledge. Human research shall not be deemed to include research exempt from federal research regulation pursuant to 45 CFR 46.101(b).

"Individual service plan" or "service plan" means a written plan of action developed, revised as necessary, and reviewed at specified 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.

"Legal mail" means a written communication that is sent to or received from a designated class of correspondents, as defined in written procedures, which shall include any court, legal counsel, or administrator of the grievance system, the governing authority, the department, or the regulatory authority.

"Legal representative" means (i) a court-appointed or retained attorney or a paralegal, investigator, or other representative from that attorney's office; or (ii) an attorney visiting for the purpose of a consultation if requested by the resident or the resident's parent if the resident is a minor.

"Living unit" means the space in a detention center in which a particular group of residents resides that contains sleeping areas rooms, 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.

"Mechanical restraint" means an approved mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of an individual's body as a means of controlling the individual's physical activities when the individual being restricted does not have the ability to remove the device. For purposes of this chapter, mechanical restraints shall include flex cuffs, handcuffs, leather restraints, leg irons, restraining belts and straps, waist chains, and anti-mutilation gloves. For purposes of this chapter, mechanical restraints shall not include mechanical restraint chairs.

"Mechanical restraint chair" means an approved chair used to restrict the freedom of movement or voluntary functioning of a portion of an individual's body as a means of controlling the individual's physical activities while the individual is seated and either stationary or being transported.

"Medication incident" means any one of the following errors made in administering a medication to a resident: (i) a resident is given incorrect medication, (ii) medication is administered to the incorrect resident, (iii) an incorrect dosage is administered, (iv) medication is administered at the wrong time or not at all, or (v) the medication is administered through an improper method. For purposes of this regulation, a medication incident does not include (i) a resident's refusal of appropriately offered medication; or (ii) a facility's failure to administer medication due to repeated, unsuccessful attempts to obtain such medication.

"Mental health clinician" means a person with a master's degree or higher in psychology, counseling, or social work with an emphasis on mental health treatment who is employed in the practice of treating mental disorders.

"On duty" means the period of time during which an employee is responsible for the direct care or direct supervision of one or more residents or the performance of the position's duties.

"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.

"Physical restraint" means the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

"Postdispositional detention program" means a program in a detention center serving residents who are subject to a sentence or dispositional order for placement in the detention center for a period exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1.284.1 of the Code of Virginia.

"Premises" means the tracts of land on which within the secure perimeter where any part of a detention center is located and any buildings on such tracts of land.

"Protective device" means an approved device placed on a portion of a resident's body to protect the resident or staff from injury.

"Qualified mental health professional" means a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative mental health services for adults or children.

"Regulatory authority" means the board or the department as if designated by the board.

"Resident" means an individual who is confined in a detention center.

"Rest day" means a period of not less than 24 consecutive hours during which a staff person has no responsibility to perform duties related to supervision in a detention center.

"Room restriction" means the involuntary restriction of a resident to a sleeping room, except during normal sleeping hours, for the purpose of (i) ensuring the safety of the resident, staff, or others; (ii) ensuring the security of the facility; or (iii) holding the resident accountable for a violation of a rule of the facility. For purposes of this regulation, room restriction shall include disciplinary room restriction but shall not include any cooling-off period.

"Rules of conduct" means a listing list 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.

"Spit guard" means a device designed for the purpose of preventing the spread of communicable diseases as a result of spitting or biting.

"Volunteer or intern" means an individual or group who voluntarily provides goods and services without competitive compensation and who is under the direction and authority of the detention center.

"Vulnerable population" means a resident or group of residents who has been determined by designated detention center staff as reasonably likely to be exposed to the possibility of being attacked or harmed, either physically or emotionally.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

6VAC35-101-20. Applicability.

Parts I (6VAC35-101-10 et seq.) though VIII (6VAC35-101-1070 et seq.) of this chapter apply to juvenile detention centers for both that operate predispositional and or postdispositional programs unless specifically excluded. Part IX (6VAC35-101-1160 et seq.) of this chapter only applies solely to detention centers operating postdispositional detention programs for residents sentenced for a period exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1.284.1 of the Code of Virginia.

6VAC35-101-30. Previous regulations terminated. (Repealed.)

This chapter replaces the Standards for the Interim Regulation of Children's Residential Facilities (6VAC 35-51) and the Standards for Juvenile Residential Facilities (6VAC35-140) for the regulation of all detention centers as defined herein. The Standards for the Interim Regulation of Children's Residential Facilities and the Standards for Juvenile Residential Facilities remain in effect for juvenile correctional centers and group homes, regulated by the board, until such time as the board adopts new regulations related thereto.

6VAC35-101-40. Certification.

A. The detention center shall comply maintain a current certification demonstrating compliance with the provisions of the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20). The detention center shall:

1. Demonstrate compliance with this chapter, other applicable regulations issued by the board, and applicable statutes and regulations; and

2. Implement approved plans of action to correct findings of noncompliance; and

3. Ensure no noncompliances may pose any immediate and direct danger to residents.

B. Documentation necessary to demonstrate compliance with this chapter shall be maintained for a minimum of three years.

C. The current certificate shall be posted at all times in a place conspicuous to the public.

6VAC35-101-45. Contracts between juvenile detention centers and separate entities.

A. When a detention center enters into an agreement with a separate entity for the purpose of detaining a juvenile in the separate entity's custody, the agreement shall provide that the program housing the juvenile shall be subject to 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities. satisfy the following requirements:

1. For purposes of demonstrating compliance with this chapter, the agreement shall allow the department the same access to the detained juvenile and to the records and reports for the detained juvenile as is authorized currently under § 16.1-309.10 of the Code of Virginia and 6VAC35-20 for all other residents in the detention center.

2. Nothing in this section shall prevent the detention center and the separate entity from agreeing that services and treatment shall exceed the requirements of this chapter for those youth in the custody of the separate entity.

1. The agreement shall be in writing;

2. The agreement shall require the program housing the juvenile to be subject to 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities; and

3. For purposes of demonstrating compliance with this chapter, the agreement shall allow the department the same access to the detained juvenile and to the records and reports for the detained juvenile as is authorized currently under § 16.1-309.10 of the Code of Virginia and 6VAC35-20 for all other residents in the detention center.

B. Upon entering into the agreement, the detention center shall (i) notify the department immediately and (ii) provide a copy of the written agreement to the department.

C. Nothing in this section shall prevent the detention center and the separate entity from agreeing that services and treatment shall exceed the requirements of this chapter for those youth in the custody of the separate entity.

6VAC35-101-50. Relationship to the regulatory authority.

A. All reports and information as the regulatory authority may require to establish compliance with this chapter and other applicable regulations and statutes shall be submitted to or made available to the regulatory authority audit team leader.

B. A written report of any contemplated changes in operation that would affect the terms of the certificate or the continuing eligibility for certification shall be submitted to the regulatory authority. A change may not be implemented prior to approval by the regulatory authority.

6VAC35-101-60. Relationship with the department.

A. The director or the director's designee shall be notified within five working days of any significant change in administrative structure or newly hired facility administrator.

B. Any of the following that may be related to the health, safety, or human rights of residents shall be reported to the director or the director's designee within 10 days: (i) lawsuits against the detention center or its governing authority and (ii) settlements with the detention center or its governing authority.

6VAC35-101-70. Variances and waivers.

A. Board action may be requested by the A facility administrator may request board action to relieve a detention center from having to meet or develop a plan of action for the requirements of a specific section or subsection of this regulation chapter, provided the section or subsection is a noncritical regulatory requirement. The variance request may be granted either permanently or for a determined period of time, as provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

B. Any such A variance may not be implemented prior to approval of the board.

C. When the facility administrator has submitted a variance request to the director or the director's designee concerning a noncritical regulatory requirement and board action has been requested formally by the director or the director's designee, the director may, but is not required to, grant a waiver temporarily excusing the facility from meeting the requirements of a specific section or subsection of this chapter. The waiver shall be subject to the requirements in 6VAC35-20-93.

6VAC35-101-80. Serious incident reports.

A. The following events shall be reported, in accordance with department procedures, within 24 hours to (i) the applicable court service unit; (ii) either the parent or legal guardian, as appropriate and applicable; and (iii) the director or the director's designee:

1. Any A serious incident, accident, illness, or injury to the resident;

2. The death of a resident;

3. Any A suspected case of child abuse or neglect at the detention center, on a detention center-sponsored event or excursion, or involving detention center staff as provided in 6VAC35-101-90 (suspected child abuse and neglect);

4. Any A disaster, fire, emergency, or other condition that may jeopardize the health, safety, and welfare of residents; and

5. Any A resident's absence from the detention center without permission.

B. The detention center shall notify the director or the director's designee within 24 hours of any events detailed in subsection A of this section and all any other situations event required by the regulatory authority of which the facility has been notified.

C. If an incident involving the death of a resident occurs at the facility, the facility shall notify the parents or legal guardians, as appropriate and applicable, of all residents in the facility provided such notice does not violate any confidentiality requirements or jeopardize any law-enforcement or child protective services investigation or the prosecution of any criminal cases related to the incident.

D. The facility shall (i) prepare and maintain a written report of the events listed in subsections A and B of this section and (ii) submit a copy of the written report to the director or the director's designee. The report shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the applicable court service unit, the director, and to either the parent or legal guardian, as appropriate and applicable, and the date and time on which the report was made; and

6. The name or identifying information of the person to whom the report was made, including any law-enforcement or child protective service personnel.

E. The resident's record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

F. In addition to the requirements of this section, any serious incident incidents involving an allegation of child abuse or neglect at the detention center, at a detention center-sponsored event, or involving detention center staff shall be governed by 6VAC35-101-90 (suspected child abuse or neglect).

6VAC35-101-90. Suspected child abuse or neglect.

A. When there is reason to suspect that a resident is an abused or neglected child, the matter shall be reported immediately to the local department of social services or to the state Department of Social Services toll-free child abuse and neglect hotline as required by § 63.2-1509 of the Code of Virginia and in accordance with written procedures.

B. Written procedures shall be distributed to all staff members and shall at a minimum provide for:

1. Handling accusations against staff;

2. Reporting and documenting suspected cases of child abuse and neglect;

3. Cooperating during any an investigation; and

4. Measures to be taken to ensure the safety of the residents and the staff.

C. Any case Cases of suspected child abuse or neglect against a resident shall be reported and documented as required in 6VAC35-101-80 (serious incident reports). The resident's record shall contain a written reference that a report was made.

6VAC35-101-95. Reporting criminal activity.

A. Written procedures shall require staff to report all known criminal activity suspected to have been committed by residents or staff to the facility administrator, including but not limited to any physical abuse, sexual abuse, or sexual harassment and the offenses listed in §§ 53.1-203 (felonies by prisoners); 18.2-55 (bodily injuries caused by prisoners); 18.2-48.1 (abduction by prisoners); 18.2-64.1 (carnal knowledge of certain minors); 18.2-64.2 (carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender); and 18.2-477.1 (escapes from juvenile facility) of the Code of Virginia.

B. The facility administrator, in accordance with written procedures, shall notify the appropriate persons or agencies, including law enforcement, child protective services if applicable and appropriate, and the department, if applicable and appropriate, of suspected criminal violations by residents or staff. Suspected criminal violations relating to the health and safety or human rights of residents shall be reported to the director or designee.

C. The detention center shall assist and cooperate with the investigation of any such complaints and allegations as necessary, subject to restrictions in federal or state law.

6VAC35-101-100. Grievance procedure.

A. Written procedure shall provide require that residents are oriented to and have continuing access to a grievance procedure that provides for:

1. Resident participation in the grievance process with assistance from staff upon request;

2. Investigation of the grievance by an impartial, objective employee who is not the subject of the grievance;

3. Documented, timely responses to all grievances with the reasons for the decision, in accordance with written procedures;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection of residents from retaliation or threat of retaliation for filing a grievance; and

7. Hearing of an emergency grievance within eight hours.

B. Each resident Residents shall be oriented to the grievance procedure in an age or and developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language and (ii) posted in an area easily accessible to residents and their parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

6VAC35-101-110. Responsibilities of the governing authority.

A. The detention center's governing body or authority (governing authority) shall be clearly identified in writing.

B. The governing authority shall appoint a facility administrator to whom it delegates the authority and responsibility for the on-site administrative direction of the detention center.

C. A written decision-making plan shall be developed and implemented and shall provide for a staff person with the qualifications of a facility administrator to be designated to assume the temporary responsibility for the operation of the detention center in the absence of the facility administrator. Each plan shall include an organizational chart.

D. Written procedures shall be developed and implemented to monitor and evaluate service quality and effectiveness on a systematic and on-going basis. Improvements shall be implemented when indicated.

6VAC35-101-130. Participation of residents in human research.

A. Written procedures approved by its governing authority shall govern the review, approval, and monitoring of human research. Human research means any systematic investigation, involving a resident or a resident's parents, guardians, or family members as the subject of the research, which may expose the subject to physical or psychological injury and which departs from the application of established and accepted therapeutic methods appropriate to meet the individual's needs. Human research does not include statistical analysis of information readily available on the subject that does not contain any identifying information or research exempted by federal research regulations pursuant to 45 CFR 46.101(b). Residents shall not be used as subjects of human research except as provided in 6VAC35-170 (Regulation Governing Juvenile Data Requests and Research Involving Human Subjects) and in accordance with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia. The testing of medicines or drugs for experimentation or research is prohibited.

B. Information on residents shall be maintained as provided in 6VAC35-101-330 (maintenance of residents' records) and all records and information related to the human research shall be kept confidential in accordance with applicable laws and regulations.

C. The procedures may require periodic progress reports of any research project and a formal final report of all completed research projects. Written procedures governing the human research of residents may be implemented in the facility, provided they are consistent with 6VAC35-170 and Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

6VAC35-101-140. Job descriptions.

A. There shall be a written job description for each position that, at a minimum, includes the:

1. Job title or position;

2. Duties and responsibilities of the incumbent;

3. Job title or identification of the immediate supervisor; and

4. Minimum education, experience, knowledge, skills, and abilities required for entry-level performance of the job.

B. A copy of the job description shall be given to each person assigned to a position prior to before assuming that position's duties.

6VAC35-101-150. Qualifications.

A. Detention centers subject to (i) the rules and regulations of the governing authority or (ii) the rules and regulations of a local government personnel office shall develop written minimum entry-level qualifications in accordance with the rules and regulations of the supervising personnel authority. Detention centers not subject to rules and regulations of the governing authority or a local government personnel office shall follow the minimum entry-level qualifications of the Virginia Department of Human Resource Management.

B. When services or consultations are obtained on a contractual basis, they shall be provided by professionally qualified personnel.

6VAC35-101-152. Selection and duties of volunteers or interns.

A. A detention center that uses volunteers or interns shall develop and implement written procedures governing their selection and use. The procedures shall provide for the objective evaluation of persons and organizations in the community who wish to associate with the residents.

B. Volunteers and interns shall have qualifications appropriate for the services provided.

C. The responsibilities of interns and individuals who volunteer on a regular basis shall be defined clearly in writing.

D. Volunteers and interns shall be responsible neither for the duties of direct care staff nor for the direct supervision of residents.

6VAC35-101-155. Employee tuberculosis screening and follow-up.

A. On or before the employee's start date at the facility and at least annually thereafter each employee shall submit the results of a tuberculosis screening assessment that is no older than 30 days. The documentation shall indicate the screening results as to whether there is an absence of tuberculosis in a communicable form.

B. Employees shall undergo a subsequent tuberculosis screening or evaluation, as applicable, in the following circumstances:

1. The employee comes into contact with a known case of infectious tuberculosis; and or

2. The employee develops chronic respiratory symptoms of three weeks' duration.

C. Employees suspected of having tuberculosis in a communicable form shall not be permitted to return to work or have contact with staff or residents until a physician has determined that the individual does not have tuberculosis in a communicable form.

D. Any An active case of tuberculosis developed by an employee or a resident shall be reported to the local health department in accordance with the requirements of the Commonwealth of Virginia State Board of Health Regulations for Disease Reporting and Control (12VAC5-90).

E. Documentation of any the screening results shall be retained in a manner that maintains the confidentiality of information.

F. The detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis shall be performed in accordance with any the current recommendations of the Virginia Department of Health's Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention.

6VAC35-101-170. Employee and volunteer background checks.

A. Except as provided in subsection B of this section, all persons who (i) accept a position of employment at, (ii) volunteer on a regular basis and will be alone with a resident in the performance of their duties, or (iii) provide contractual services directly to a resident on a regular basis and will be alone with a resident in the performance of that person's duties a juvenile detention center shall undergo the following background checks in accordance with § 63.2-1726 of the Code of Virginia to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents:

1. A reference check;

2. A criminal history record check;

3. Fingerprint checks with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's job duties.

B. To minimize vacancy time, when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone work directly with residents and may work with residents only when under the direct supervision of staff whose background checks have been completed until such time as all the requirements of this section are completed.

C. Documentation of compliance with this section shall be retained in the individual's personnel record as provided in 6VAC35-101-310 (personnel records).

D. Written procedures shall provide for the supervision of nonemployee persons, who are not subject to the provisions of subsection A of this section who have contact with residents.

E. No juvenile detention center shall hire for employment a person who has been convicted of a barrier crime listed in § 19.2-392.02 of the Code of Virginia, subject to the exceptions permitted under § 63.2-1726 of the Code of Virginia.

6VAC35-101-175. Contractor background checks.

A. A contractor who will be alone with a resident in the performance of the contractor's duties shall undergo the following background checks in accordance with § 63.2-1726 of the Code of Virginia to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents.

1. A reference check;

2. A criminal history record check;

3. Fingerprint checks with the Virginia State Police and Federal Bureau of Investigation;

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's duties.

B. Documentation of compliance with this section shall be retained in the individual's personnel record as provided in 6VAC35-101-310.

C. No juvenile detention center shall hire for contract services a contractor who meets the requirements of subsection A of this section and who has been convicted of a barrier crime listed in § 19.2-392.02 of the Code of Virginia, subject to the exceptions permitted under § 63.2-1726 of the Code of Virginia.

6VAC35-101-177. Volunteer and intern background checks.

A. A person who volunteers or interns on a regular basis and will be alone with a resident in the performance of volunteer or intern duties in a juvenile detention center shall undergo the following background checks in accordance with § 63.2-1726 of the Code of Virginia to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents;

1. A reference check;

2. A criminal history record check;

3. Fingerprint checks with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's duties.

B. Documentation of compliance with the background check requirements shall be maintained for each volunteer or intern for whom a background check is required. The records shall be maintained in accordance with 6VAC35-101-310.

C. A detention center that uses volunteers or interns shall have procedures for supervising volunteers or interns on whom background checks are not required or whose background checks have not been completed who have contact with residents.

D. No juvenile detention center shall allow any person to volunteer who has been convicted of any barrier crime listed in § 19.2-392.02 of the Code of Virginia, subject to the exceptions permitted under subsection B of § 63.2-1726 of the Code of Virginia.

6VAC35-101-180. Required initial orientation for employees.

A. Initial orientation shall be provided to all full-time and, part-time staff, and relief staff, and contractors who provide services to residents on a regular basis, in accordance with each position's job description.

B. Before the expiration of the individual's seventh work day at the facility, each employee shall be provided with receive a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the program;

4. The facility's organizational structure;

5. Security, population control, emergency preparedness, and evacuation procedures as provided for in accordance with 6VAC35-101-510 (emergency and evacuation procedures);

6. The practices of confidentiality;

7. The residents' rights, including the prohibited actions provided for in 6VAC35-101-650;

8. The basic requirements of and competencies necessary to perform in his positions position;

9. The facility's program philosophy and services;

10. The facility's behavior management program as provided for in 6VAC35-101-1070 (behavior management);

11. The facility's behavior intervention procedures and techniques, including the use of least restrictive interventions and physical restraint;

12. The residents' rules of conduct and responsibilities;

13. The residents' disciplinary process as provided for in 6VAC35-101-1080 (disciplinary process);

14. The residents' grievance procedures as provided for in 6VAC35-101-100 (grievance procedure);

15. Child abuse and neglect and mandatory reporting as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect);

16. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases); and

17. Documentation requirements as applicable to the position's duties.

C. Volunteers shall be oriented in accordance with 6VAC35-101-300 (volunteer and intern orientation and training).

6VAC35-101-185. Required initial orientation for contractors.

A. Contractors shall receive an initial orientation regarding the expectations of working within a secure environment.

B. Contractors shall be oriented in their responsibilities in implementing the evacuation plan in the event of an emergency, in accordance with 6VAC35-101-510.

6VAC35-101-187. Required initial orientation for volunteers and interns.

Volunteers and interns shall be provided with a basic, initial orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the facility;

4. The facility's organizational structure;

5. Security, population control, emergency, emergency preparedness, and evacuation procedures;

6. The practices of confidentiality;

7. Resident rights, including the prohibited actions provided for in 6VAC35-101-650; and

8. The basic requirements of and competencies necessary to perform their duties and responsibilities.

Article 4

Training and Retraining

6VAC35-101-190. Required initial training for employees.

A. Each full-time Full-time and part-time employee employees and relief staff shall complete initial, comprehensive training that is specific to the individual's their occupational class, is based on the needs of the population served, and ensures that the individual has they have the competencies to perform the position's duties. Direct care staff shall receive at least 40 hours of training, inclusive of all training required by this section, in their first year of employment.

1. Direct care staff shall receive at least 40 hours of training, inclusive of all training required by this section, in their first year of employment.

2. Contractors shall receive training required to perform their position responsibilities in a detention center.

B. Within 30 days following the employee's start date at the facility or before the employee is responsible for the direct care or direct supervision of a resident, all direct care staff and staff who provide direct supervision of the residents shall complete training in the following areas:

1. Emergency preparedness and response as provided for in 6VAC35-101-510 (emergency and evacuation procedures);

2. The facility's behavior management program as provided for in 6VAC35-101-1070 (behavior management);

3. The residents' rules of conduct and the rationale for the rules;

4. The facility's behavior intervention procedures, with including physical and mechanical restraint training and protective device training, required as applicable to their duties and as required by subsection D C of this section, and room restriction and disciplinary room restriction, as provided for in 6VAC35-101-1100 and 6VAC35-101-1105;

5. Child abuse and neglect and mandatory reporting, as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect);

6. Maintaining appropriate professional boundaries and relationships;

7. Interaction Appropriate interaction among staff and residents;

8. Suicide prevention as provided for in 6VAC35-101-1020 (suicide prevention);

9. Residents' rights, including but not limited to prohibited actions provided for in 6VAC35-101-650 (prohibited actions);

10. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases); and

11. Procedures applicable to the employees' employee's position and consistent with their the employee's work profiles profile.

C. Employees who are authorized by the facility administrator to restrain a resident, as provided for in 6VAC35-101-1090 (physical restraint) and, 6VAC35-101-1130 (mechanical restraints), and 6VAC35-101-1153 shall be trained in the facility's approved restraint techniques within 90 days of such authorization and prior to before applying any restraint techniques.

D. Employees who administer medication shall, prior to such administration, as provided for in 6VAC35-101-1060 (medication), and in accordance with the provisions of § 54.1-3408 of the Code of Virginia, either (i) have successfully completed a medication management training program approved by the Board of Nursing or (ii) be licensed certified by the Commonwealth of Virginia to administer medication.

E. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

F. Volunteers and interns shall be trained in accordance with 6VAC35-101-300 (volunteer and intern orientation and training).

G. E. Employees who perform the duties required in 6VAC35-101-800 (admission and orientation) shall be trained in the requirements contained therein.

6VAC35-101-195. Required initial training for contractors.

A. Contractors shall receive training required to perform their position responsibilities in a detention center.

B. When a contractor enters into an agreement to provide a resident with services for which licensure by a professional organization is required, documentation of licensure shall constitute compliance with this section.

6VAC35-101-197. Required initial training for volunteers and interns.

Volunteers and interns shall be trained within 30 days from their start date at the facility in the following:

1. Their duties and responsibilities in the event of a facility evacuation as provided for in 6VAC35-101-510; and

2. All other procedures that are applicable to their duties and responsibilities.

6VAC35-101-200. Retraining requirements for employees.

A. Each full-time and part-time employee and relief staff shall complete retraining that is specific to the individual's occupational class, the position's job description, and that addresses any professional development needs.

B. All full-time and part-time employees and relief staff shall complete an annual training refresher on the facility's emergency preparedness and response plan and procedures as provided for in 6VAC35-101-480 (emergency and evacuation procedures) 6VAC35-101-510.

C. All direct care staff shall receive at least 40 hours of training annually that shall include training on the following:

1. Suicide prevention as provided for in 6VAC35-101-1020 (suicide prevention);

2. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases);

3. Maintaining appropriate professional relationships;

4. Interaction Appropriate interaction among staff and residents;

5. Residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions);

6. Child abuse and neglect and mandatory reporting as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect); and

7. Behavior intervention procedures, including room restriction and disciplinary room restriction, as provided in 6VAC35-101-1100 and 6VAC35-101-1105.

D. All staff approved to apply physical restraints, as provided for in 6VAC35-101-1090 (physical restraint) shall be trained as needed to maintain the applicable current certification.

E. All staff approved to apply mechanical restraints, protective devices, or the mechanical restraint chair shall be retrained annually as required by 6VAC35-101-1130 (mechanical restraints) and 6VAC35-101-1153.

F. Employees who administer medication, as provided for in 6VAC35-101-1060 (medication), shall complete an annual refresher training, which shall, at a minimum, include a review of the components required in 6VAC35-101-1060.

G. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

H. G. Staff who have not timely completed required retraining shall not be allowed to have direct care responsibilities pending completion of the required retraining requirements.

6VAC35-101-210. Written personnel procedures.

Written personnel procedures approved by the governing authority or facility administrator shall be developed, approved by the governing authority or facility administrator, implemented, and readily accessible to each staff member.

6VAC35-101-240. Notification of change in driver's license status.

Staff whose job responsibilities may involve transporting residents shall be required to (i) maintain a valid driver's license and (ii) report to the facility administrator or the facility administrator's designee any change in their driver's license status including but not limited to suspensions, restrictions, and or revocations.

6VAC35-101-250. Political activity.

Written procedures governing any campaigning, lobbying, and political activities conducted by employees that are consistent with applicable statutes and state or local policies of the detention center shall be developed and, implemented. The procedure shall be, and made available to all employees. The written procedures shall be consistent with applicable statutes and state or local policies.

6VAC35-101-260. Physical or mental health of personnel.

When an individual poses a direct threat significant risk of substantial harm to the health and safety of a resident, others at the facility, or the public, or the individual's self or is unable to perform essential job-related functions, that individual shall be removed immediately from all duties involved in the direct care or direct supervision of residents. The facility may require a medical or mental health evaluation to determine the individual's fitness for duty prior to before returning to duties involving the direct care or direct supervision of residents. The results of any medical information or documentation of any disability-related inquiries shall be maintained separately from the employee's personnel records maintained in accordance with 6VAC35-101-310 (personnel records). For the purpose of this section a direct threat means a significant risk of substantial harm.

6VAC35-101-270. Definition of volunteers or interns. (Repealed.)

For the purpose of this chapter, volunteer or intern means any individual or group who of their own free will provides goods and services without competitive compensation.

6VAC35-101-280. Selection and duties of volunteers and interns. (Repealed.)

A. Any detention center that uses volunteers or interns shall develop and implement written procedures governing their selection and use. Such procedures shall provide for the objective evaluation of persons and organizations in the community who wish to associate with the residents.

B. Volunteers and interns shall have qualifications appropriate for the services provided.

C. The responsibilities of interns and individuals who volunteer on a regular basis shall be clearly defined in writing.

D. Volunteers and interns shall neither be responsible for the duties of direct care staff nor for the direct supervision of the residents.

6VAC35-101-290. Background checks for volunteers and interns. (Repealed.)

A. Any individual who (i) volunteers on a regular basis or is an intern and (ii) will be alone with a resident in the performance of that person's duties shall be subject to the background check requirements in 6VAC35-101-170 A (employee and volunteer background checks).

B. Documentation of compliance with the background check requirements shall be maintained for each intern and volunteer for whom a background check is required. Such records shall be kept in accordance with 6VAC35-101-310 (personnel records).

C. A detention center that uses volunteers or interns shall have procedures for supervising volunteers or interns, on whom background checks are not required or whose background checks have not been completed, who have contact with residents.

6VAC35-101-300. Volunteer and intern orientation and training. (Repealed.)

A. Volunteers and interns shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the facility;

4. The facility's organizational structure;

5. Security, population control, emergency, emergency preparedness, and evacuation procedures;

6. The practices of confidentiality;

7. The residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions); and

8. The basic requirements of and competencies necessary to perform their duties and responsibilities.

B. Volunteers and interns shall be trained within 30 days from their start date at the facility in the following:

1. Any procedures that are applicable to their duties and responsibilities; and

2. Their duties and responsibilities in the event of a facility evacuation as provided for in 6VAC35-101-510 (emergency and evacuation procedures).

6VAC35-101-310. Personnel records.

A. Separate, up-to-date written or automated personnel records shall be maintained on each (i) employee and (ii) volunteer or intern on whom a background check is required.

B. The personnel records of each employee shall include:

1. A completed employment application form or other written material providing the individual's name, address, phone number, and social security number or other unique identifier;

2. Educational background and employment history;

3. Documentation of required reference check;

4. Annual performance evaluations;

5. 4. Date of employment for each position held and separation date;

6. 5. Documentation of compliance with requirements of Virginia law regarding child protective services and criminal history background investigations;

7. 6. Documentation of the verification of any educational requirements and of professional certification or licensure, if required by the position;

8. 7. Documentation of all training required by this chapter and any other training received by individual staff; and

9. 8. A current job description.

C. If applicable, health care records, including reports of any required health examinations, shall be maintained separately from the other records required by this section.

D. Personnel records on contract service providers and contractors, volunteers, and interns may be limited to the verification of the completion of any required verifying that the applicable background checks have been completed as required by 6VAC35-101-170 (employee and volunteer background checks).

6VAC35-101-330. Maintenance of residents' records.

A. A separate written or automated case record shall be maintained for each resident, that which shall include all correspondence and documents received by the detention center relating to the care of that resident and documentation of all case management services provided.

B. A separate health care record shall be kept on each resident. The resident's active health care records shall be kept in accordance with this section, 6VAC35-101-1030 (residents' health care records), this section, and applicable laws and regulations.

C. Each case record and health care record shall be kept (i) up to date, (ii) in a uniform manner, and (iii) confidential from unauthorized access. Case records shall be released only in accordance with §§ 16.1-300 and 16.1-309.1 of the Code of Virginia and applicable state and federal laws and regulations.

D. Written procedures shall provide for the management of all records, written and automated, and shall describe address confidentiality, accessibility, security, and retention of records pertaining to residents, including:

1. Access, duplication, dissemination, and acquisition of information only to persons legally authorized according to federal and state laws;

2. If automated records are utilized, the procedures shall address:

a. How records are protected from unauthorized access, including unauthorized Internet access or other unauthorized electronic access;

b. How records are protected from unauthorized Internet access;

c. b. How records are protected from loss;

d. c. How records are protected from unauthorized alteration; and

e. d. How records are backed up.

3. Security measures to protect records from (i) from loss, unauthorized alteration, inadvertent or unauthorized access, or disclosure of information; and (ii) during transportation of records between service sites;

4. Designation of person responsible for records management; and

5. Disposition of records in the event the detention center ceases to operate.

E. The procedure shall specify what information is available to the resident.

F. Active and closed written records shall be kept in secure locations or compartments that are accessible only to authorized staff and shall be protected from unauthorized access, fire, and flood.

G. All case records shall be retained as governed by The Library of Virginia.

6VAC35-101-340. Face sheet.

A. At the time of admission, each resident's record shall include, at a minimum, a completed face sheet that contains the following:

1. The resident's full name, last known residence, birth date, birthplace, sex, race, unique numerical identifier, religious preference, and admission date; and

2. Names, addresses, and telephone numbers of the applicable court service unit, emergency contacts, and parents or legal guardians, as appropriate and applicable; and

3. The name and telephone number of the applicable court service unit.

B. Information shall be updated when changes occur.

C. Upon discharge, the (i) date of discharge and (ii) name of the person to whom the resident was discharged, if applicable, shall be added to the face sheet.

6VAC35-101-350. Buildings and inspections.

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as and documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A detention center shall maintain a current copy of the detention center's its annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below shall be maintained in this subsection. These required inspections shall be of the include:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities.

6VAC35-101-360. Equipment and systems inspections and maintenance.

A. All safety Safety, emergency, and communications equipment and systems, as identified by the facility administrator, shall be inspected, tested, and maintained by designated staff in accordance with the manufacturer's recommendations or instruction manuals or, absent such requirements, in accordance with a schedule that is approved by the facility administrator. Testing of such equipment and systems shall, at a minimum, be conducted quarterly. The facility administrator shall develop written procedures for the development, maintenance, and review of safety, emergency, and communications equipment and systems that the facility administrator identifies as critical, as well as the testing intervals for such equipment and systems.

B. Whenever safety, emergency, and or communications equipment or a system is found to be systems are determined to be defective, immediate steps shall be taken to rectify the situation and to repair, remove, or replace the defective equipment or systems.

6VAC35-101-370. Alternate power source.

The facility shall have access to an alternate power source for use in an to maintain essential services in an emergency.

6VAC35-101-380. Heating and cooling systems and ventilation.

A. Heat shall be distributed in all rooms occupied by the residents such that a temperature no less than 68°F is maintained, unless otherwise mandated by state or federal authorities.

B. Air conditioning or mechanical ventilating systems, such as electric fans, shall be provided in all rooms occupied by residents when the temperature in those rooms exceeds 80°F unless otherwise mandated by state or federal authorities.

6VAC35-101-400. Plumbing and water supply; temperature.

A. Plumbing shall be maintained in operational condition, as designed.

B. An adequate supply of hot and cold running water shall be available at all times.

C. Precautions shall be taken to prevent scalding from running water. Water temperatures should Hot water temperatures shall be maintained at 100°F to 120°F.

6VAC35-101-410. Drinking water.

A. In all detention centers constructed after January 1, 1998, all sleeping areas rooms shall have fresh drinking water for the residents' use.

B. All activity areas shall have potable drinking water available for the residents' use.

6VAC35-101-420. Toilet facilities.

A. There shall be one toilet facilities and one hand basin available for resident use in all sleeping rooms for each detention center building constructed or structurally modified after January 1, 1998.

B. There shall be at least one toilet, one hand basin, and one shower or bathtub for every eight residents for detention centers center buildings constructed on or before December 27, 2007. There shall be one toilet, one hand basin, and at least one shower or tub for every four five residents in any building constructed or structurally modified on or after December 28, 2007.

C. There shall be at least one bathtub in each facility.

D. The maximum number of staff members on duty in the living unit shall be counted in determining the required number of toilets and hand basins when a separate bathroom is not provided for staff.

6VAC35-101-430. Sleeping areas rooms.

A. Males and females shall have separate sleeping rooms.

B. Beds shall be at least three feet apart at the head, foot, and sides; and double-decker beds shall be at least five feet apart at the head, foot, and sides.

C. Sleeping quarters rooms established, constructed, or structurally modified after July 1, 1981, shall have:

1. At least 80 square feet of floor area in a bedroom accommodating one person;

2. At least 60 square feet of floor area per person in rooms accommodating two or more persons; and

3. Ceilings with a primary height of at least 7-1/2 feet in height, exclusive of protrusions, duct work, or dormers.

D. Mattresses shall be fire retardant as evidenced by documentation from the manufacturer except in buildings equipped with an automated sprinkler system as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

E. The environment of sleeping areas During sleeping hours, living units and sleeping rooms shall be, during sleeping hours, maintained in a manner that is conducive to sleep and rest.

6VAC35-101-460. Smoking prohibition.

Residents shall be prohibited from using, possessing, purchasing, or distributing tobacco products or nicotine vapor products. Tobacco products, including cigarettes, cigars, pipes, and smokeless tobacco, such as chewing tobacco or snuff, pipe tobacco, bidis, and wrappings and vapor products, such as electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, or similar products or devices shall not be used by staff, contractors, volunteers, interns, or visitors in any areas of the facility or its premises where residents may see or smell the tobacco product.

6VAC35-101-470. Space utilization.

A. Each detention center shall provide for the following:

1. Indoor and outdoor recreation areas;

2. Kitchen facilities and equipment for the preparation and service of meals;

3. Space and equipment for laundry, if laundry is done at the detention center;

4. A designated visiting area that permits informal communication between residents and visitors, including opportunity for physical contact in accordance with written procedures;

5. Storage space for items such as first aid equipment, household supplies, recreational equipment, and other materials;

6. Space for administrative activities including, as appropriate to the program, confidential conversations and the storage of records and materials; and

7. A central medical room area with medical examination facilities rooms or other spaces developed and equipped in consultation with the health authority.

B. If a school programs program is operated at the facility, school classrooms shall be designed in consultation with appropriate education authorities to comply with applicable state and local requirements.

C. Spaces or areas may be interchangeably utilized interchangeably but shall be in functional condition for the designated purposes purpose.

6VAC35-101-480. Kitchen operation and safety.

A. Meals shall be served in areas equipped with tables and benches or chairs that are size and age appropriate for the residents.

B. Written procedures shall govern access to all areas where food or utensils are stored and the inventory and control of all culinary equipment to which the residents reasonably may be expected to have access.

C. Walk-in refrigerators and freezers shall be equipped to permit emergency exits.

D. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in laundering table and kitchen linens.

E. Residents shall not be permitted to work in the detention center's food service.

6VAC35-101-490. Maintenance of the buildings and grounds.

A. The interior and exterior of all buildings and grounds shall be safe, maintained, and reasonably free of clutter and rubbish. This includes, but is not limited to, requirement applies to all areas of the facility and to items within the facility, including (i) required locks, mechanical devices, indoor and outdoor equipment, and furnishings and (ii) all areas where residents, staff, and visitors reasonably may be expected to have access.

B. All buildings shall be reasonably free of stale, musty, or foul odors.

C. Buildings shall be kept reasonably free of flies, roaches, rats, and other vermin.

6VAC35-101-500. Animals on the premises.

A. Animals maintained on the premises shall be housed at a reasonable distance from sleeping, living, eating, and food preparation areas, as well as a safe distance from water supplies:

1. Housed a reasonable distance from eating and food preparation areas, as well as a safe distance from water supplies;

2. Tested, inoculated, and licensed as required by law; and

3. Provided with clean sleeping areas and adequate food and water.

B. Animals maintained on the premises shall be tested, inoculated, and licensed as required by law.

C. B. The premises shall be kept reasonably free of stray domestic animals.

D. Pets shall be provided with clean sleeping areas and adequate food and water.

6VAC35-101-510. Emergency and evacuation procedures.

A. A detention center shall develop a written emergency preparedness and response plan shall be developed. The plan which shall address:

1. Documentation of contact with the local emergency coordinator to determine (i) local disaster risks; (ii) communitywide plans to address different disasters and emergency situations; and (iii) assistance, if any, that the local emergency management office will provide to the detention center in an emergency;

2. Analysis of the detention center's capabilities and potential hazards, including natural disasters, severe weather, fire, flooding, work place work-place violence or terrorism, missing persons, severe injuries, or other emergencies that would disrupt the normal course of service delivery;

3. Written emergency management procedures outlining specific responsibilities for provision of administrative direction and management of response activities; coordination of logistics during the emergency; communications; life safety of employees, contractors, interns, volunteers, visitors, and residents; property protection; fire protection service; community outreach; and recovery and restoration;

4. Written emergency response procedures for assessing the situation; protecting residents, employees, contractors, interns, volunteers, and visitors; equipment and vital records; and restoring services. Emergency procedures shall address:

a. Communicating with employees, contractors, and community responders;

b. Warning and notification of notifying residents;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations to emergency shelters or alternative sites and accounting for all residents;

e. Relocating residents, if necessary;

f. Notifying parents and legal guardians, as applicable and appropriate;

g. Alerting emergency personnel and sounding alarms;

h. Locating and shutting off utilities when necessary; and

i. Providing for a planned, personalized means of effective egress evacuation for residents individuals with disabilities who use wheelchairs, crutches, canes, or other mechanical devices for assistance in walking require special accommodations, such as deaf, blind, and nonambulatory individuals.

5. Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, designated escape evacuation routes, and list lists of major resources such as local emergency shelters; and

6. Schedule for testing the implementation of the plan and conducting emergency preparedness drills.

B. Emergency preparedness and response training shall be developed and required for all employees to ensure they are prepared to implement the emergency preparedness plan in the event of an emergency. Such training shall be conducted in accordance with 6VAC35-101-180 (required initial orientation) through 6VAC35-101-200 (retraining) and include shall outline the employees' responsibilities for:

1. Alerting emergency personnel and sounding alarms;

2. Implementing evacuation procedures, including evacuation of residents individuals with special needs (i.e., disabilities who require special accommodations, such as deaf, blind, nonambulatory) and nonambulatory individuals;

3. Using, maintaining, and operating emergency equipment;

4. Accessing emergency information for residents including medical information; and

5. Utilizing community support services.

C. Contractors and, volunteers, and interns shall be oriented in their responsibilities in implementing the evacuation plan in the event of an emergency. Such The orientation shall be in accordance with the requirements of 6VAC35-101-180 (required initial orientation) 6VAC35-101-185 and 6VAC35-101-300 (volunteer and intern orientation and training) 6VAC35-101-187.

D. The An annual review of the emergency preparedness plan shall be conducted and documented, and revisions shall be made as deemed necessary. Such revisions shall be communicated to employees, contractors, interns, and volunteers and incorporated into training for employees, contractors, interns and volunteers, and orientation of residents to services.

E. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the detention center shall take appropriate actions shall be taken to protect the health, safety, and welfare of the residents and to remedy the conditions as soon as possible.

F. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the detention center first should shall respond and stabilize the disaster or emergency. After Once the disaster or emergency is stabilized, the detention center shall report the disaster or emergency shall be reported to the legal guardian and parents or legal guardians, the applicable court service unit units and the director no later than 24 hours after the incident occurs in accordance with 6VAC35-101-80. Additionally, the detention center shall report within 24 hours of the incident the conditions at the detention center and the disaster or emergency shall be reported to the director or the director's designee as soon as possible, but no later than 24 hours after the incident occurs and in accordance with 6VAC35-101-80 (serious incident reports).

G. Floor plans showing primary and secondary means of emergency exiting exits shall be posted on each floor in locations where they can be seen easily by are clearly visible to staff and residents.

H. The responsibilities of the residents in implementing resident's responsibility to implement the emergency and evacuation procedures shall be communicated to all residents within seven days following admission or a substantive change in the procedures.

I. At The detention center shall conduct at least one evacuation drill (the simulation of the detention center's emergency procedures) shall be conducted in which its emergency procedures are simulated each month in each building occupied by residents. During any three consecutive calendar months, at least one evacuation drill shall be conducted during each shift.

J. Evacuation drills shall include, at a minimum:

1. Sounding of emergency alarms;

2. Practice in evacuating buildings;

3. Practice in alerting emergency authorities;

4. Simulated use of emergency equipment; and

5. Practice in accessing resident emergency information.

K. A record shall be maintained for each evacuation drill and shall include the following:

1. Buildings The building in which the drill was conducted;

2. Date The date and time of the drill;

3. Amount The amount of time taken to evacuate the buildings;

4. Specific The specific problems encountered, if applicable;

5. Staff The staff tasks completed, including head counts and practice in notifying emergency authorities:

a. Head count, and

b. Practice in notifying emergency authorities; and

6. The name of the staff members responsible for conducting and documenting the drill and preparing the record.

L. One staff member shall be assigned to who shall ensure that all requirements regarding the emergency preparedness and response plan and the evacuation drill program are met.

6VAC35-101-520. Control center.

To maintain the internal security, a control center that is secured from residents' access shall be staffed 24 hours a day, seven days a week, and shall integrate all external and internal security functions and communications networks.

6VAC35-101-530. Control of perimeter.

A. In accordance with a written plan, the detention center's perimeter shall be controlled by appropriate means to provide ensure that residents remain within the perimeter and to prevent unauthorized access by the public.

B. Pedestrians and vehicles shall enter and leave at designated points in the perimeter.

6VAC35-101-540. Escapes.

Written procedure procedures shall govern the action staff actions to be taken regarding escapes and any must take to address a resident's escape or unauthorized absence from the facility without permission. Any such The procedure shall provide for authorize the release of information consistent with subject to the provisions of § 16.1-309.1 of the Code of Virginia.

6VAC35-101-550. Contraband.

Written procedure shall provide for the control, detection, and disposition of contraband. Such procedures shall govern searches of residents, as required by 6VAC35-101-560 (searches of residents), and other individuals, and searches of the premises and shall provide for respecting the protection of residents' rights.

6VAC35-101-560. Searches of residents.

A. Written procedures shall govern searches of residents, including patdown and frisk searches, strip full searches, and body cavity searches, and shall include the following:

1. Searches of residents' persons shall be conducted only for the purposes of maintaining facility security and controlling contraband while protecting the dignity of the resident.

2. Searches are shall be conducted only by personnel who are authorized to conduct such searches.

3. The resident shall not be touched any more than is necessary to conduct the search.

B. Patdown and frisk searches shall be conducted by employees of the same sex as the resident being searched, except in emergencies.

C. Strip Full searches and visual inspections of the vagina and anal cavity areas shall be subject to the following:

1. The search shall be performed by personnel of the same sex as the resident being searched;

2. The search shall be conducted in an area that ensures privacy; and

3. Any witness to the search shall be of the same sex as the resident.

D. Manual and instrumental searches of the anal cavity or vagina, not including medical examinations or procedures conducted by medical personnel for medical purposes, shall be:

1. Performed only with the written authorization of the facility administrator or by a pursuant to court order or upon occurrence of an exigent circumstance requiring medical attention;

2. Conducted by a qualified medical professional;

3. Witnessed by personnel of the same sex as the resident; and

4. Fully documented in the resident's medical file.

6VAC35-101-570. Communications systems.

A. There shall be a means for of communicating between the control center and living areas units.

B. The detention center shall be able to provide communications in an emergency.

6VAC35-101-580. Telephone access and emergency numbers.

A. There shall be at least one continuously operable, nonpay telephone accessible to staff in each building in which residents sleep or participate in programs.

B. There shall be an emergency telephone number where a staff person may be immediately contacted immediately, 24 hours a day, seven days per week.

C. An emergency telephone number shall be provided to residents and the adults responsible for their care when a resident is away from the facility and not under the supervision of direct care staff or law-enforcement officials.

6VAC35-101-600. Weapons.

Written procedures shall be developed and implemented to govern the possession and use of firearms, pellet guns, air guns, and other weapons on the detention center's premises. The procedure shall provide that no prohibit firearms, pellet guns, air guns, or other weapons shall be permitted on the premises unless the weapons are:

1. In the possession of and use used by authorized law-enforcement personnel admitted to facilities in response to emergencies; or

2. Stored in secure weapons lockers outside the secure perimeter of the facility by law-enforcement personnel conducting official business at the facility.

6VAC35-101-610. Area and equipment restrictions.

Written procedure procedures shall govern the inventory and control of all security, maintenance, recreational, and medical equipment of the detention center to which residents reasonably may be expected to have access.

6VAC35-101-620. Power equipment.

Written The facility shall develop and implement written safety rules shall be developed and implemented for the use and maintenance of power equipment.

6VAC35-101-630. Transportation of residents.

A. Except as otherwise provided in 6VAC35-101-635, a detention center shall follow the requirements of this section if a resident requires transportation.

B. Each detention center shall have transportation available or make the necessary arrangements for routine facility-approved and emergency transportation of residents.

1. Pursuant to § 16.1-254 of the Code of Virginia, each detention center shall be responsible for transporting juvenile residents in their custody to all local medical and dental appointments and all local psychological and psychiatric evaluations.

2. Unless otherwise provided by agreement, the detention center shall not be required to transport youth to appointments that are outside of the geographical boundaries of the Commonwealth or that are more than 25 miles from the facility in one direction.

3. A detention center may assign its own staff to transport a detained juvenile or may enter into an agreement or contract with a public or private agency to provide the transportation services for the juvenile.

B. There shall be written safety rules for transportation of residents and for the use of vehicles. C. Written safety and security procedures shall be implemented governing the use of vehicles and the transportation of residents outside the detention center and from one jurisdiction to another. The written procedures shall be in accordance with § 16.1-254 of the Code of Virginia and shall, at a minimum, provide the following:

1. No juvenile shall be transported with an adult suspected of or charged with a criminal act.

2. If a person or entity other than the detention center assumes custody of the resident for purposes of transportation, the detention center shall:

a. Provide the person or entity, except the resident's parent or guardian, with a written document that identifies any pertinent information known to the detention center concerning the juvenile's immediate medical needs or mental health condition that reasonably could be considered necessary for the juvenile's safe transportation and supervision, including the resident's recent suicidal ideations or suicide attempts. Any such information shall remain confidential, in accordance with § 16.1-300 of the Code of Virginia and applicable rules and regulations regarding confidentiality of juvenile records.

b. Provide the individual transporting the resident with any medication the resident may be required to take during transport or while absent from the facility.

3. The frequency and manner of searches of residents, the manner by which communications will be accomplished during transit, the ratio of staff to residents, and the parameters for use of mechanical restraints shall be in accordance, respectively, with 6VAC35-101-560, 6VAC35-101-580, 6VAC35-101-890, and 6VAC35-101-1130, and shall accord with written procedures.

4. If the vehicle transporting the resident becomes inoperable, is involved in an accident, or encounters a similar emergency, the individual transporting the resident shall notify the individual's agency immediately and contact local law enforcement for assistance, if necessary. Detention center staff transporting residents shall observe the required staffing ratios and shall never leave a resident unattended.

5. If a juvenile absconds during transport, the detention center staff conducting the transport shall report the incident immediately in accordance with 6VAC35-101-80.

6. If a juvenile requires a meal during transit, the detention center shall provide a bagged lunch, if feasible.

C. D. Written procedure shall provide for the verification of appropriate licensure for staff whose duties involve transporting residents.

E. The detention center shall observe the following if a resident requires transport to a local medical or dental appointment:

1. If detention center staff transport the detained juvenile to a local medical or dental appointment as authorized in subdivision B 3 of this section, the detention center shall not be obligated to pay for any costs associated with the appointment, unless provided for otherwise by agreement.

2. The detention center may require notice of the date and time of the local medical appointment, dental appointment, or psychological and psychiatric evaluation at least 72 hours in advance.

F. When the medical staff of a detention center have made a written determination that a resident's medical condition can be treated without transporting the resident to a routine or previously scheduled appointment, the detention center is not required to transport the resident unless ordered by a court.

G. A juvenile who was confined in a juvenile detention center immediately prior to a court hearing may not be transported to a juvenile correctional center's intake unit directly from court upon commitment. Instead, the juvenile shall be returned to the detention center until the department completes the commitment packet and arranges transportation for the resident.

6VAC35-101-635. Transportation of violent or disruptive youth or youth traveling to specified destinations.

A. Only juvenile detention center staff or law-enforcement personnel, excluding the Department of the State Police, may transport violent and disruptive juveniles.

B. The court service unit responsible for supervising the juvenile or the agency or parent seeking placement shall be responsible for transporting a detained juvenile to a residential placement pursuant to § 16.1-294 of the Code of Virginia, unless otherwise ordered by the court.

C. The chief judge of the juvenile and domestic relations district court shall designate an appropriate agency to transport detained juveniles who do not meet the requirements of subsection A of this section and are traveling to any one of the following destinations: (i) destinations across jurisdictional boundaries or that are more than 25 miles from the detention home in one direction when there is not a standing administrative agreement or commission charter governing transportation of detained residents; (ii) destinations in other states; (iii) other secure detention facilities, such as detention centers or jails, when there is not a standing administrative agreement governing transportation of residents; (iv) a law-enforcement agency for interrogation; (v) funerals, death bed visits, and other extreme circumstances; (vi) other destinations as determined by the court; and (vii) any other destination that is not (a) designated in 6VAC35-101-630 B 1 or (b) a special placement made pursuant to § 16.1-286 of the Code of Virginia. Appropriate agencies may include the detention center, the court service unit, a local law-enforcement agency, or a public or private agency but may not include the Department of State Police.

D. The transportation of a juvenile detained in a postdispositional detention program to any destination listed in subsection C of this section must be at the designation of the court by individual court order, by standing order, or by court approval of the plan for treating postdispositionally detained juveniles required in 6VAC35-101-1180.

E. Consistent with the requirements in § 37.1-67.01 of the Code of Virginia, when a court commits a juvenile to a mental hospital or training center for observation, the committing court shall designate the appropriate law-enforcement agency, other than the Department of State Police, to transport the juvenile.

6VAC35-101-640. Transportation of residents; Detention center transfer to department.

A. Residents shall be transported in accordance with Guidelines for Transporting Juveniles in Detention issued by the board in accordance with § 16.1-254 of the Code of Virginia.

B. When a resident is transported transferred to the department from a detention center, all information pertaining to the resident's medical, educational, behavioral, and family circumstances during the resident's stay in detention shall be sent either in a written document or electronically to the department (i) with the resident, if the detention center is given at least 24 hours notice; or (ii) within 24 hours after the resident is transported, if such notice is not given.

6VAC35-101-650. Prohibited actions.

A. The following actions are prohibited Residents shall not be subjected to the following actions:

1. Discrimination in violation of the Constitution of the United States, the Constitution of the Commonwealth of Virginia, and state and federal statutes and regulations;

2. Deprivation of drinking water or food necessary to meet a resident's daily nutritional needs, except as ordered by a licensed physician health care professional for a legitimate medical purpose and documented in the resident's record;

3. Denial of contacts and visits with the resident's attorney, a probation officer, the regulatory authority, a supervising agency representative, or representatives of other agencies or groups as required by applicable statutes or regulations;

4. Any action that is humiliating, degrading, or abusive, including but not limited to any form of physical abuse, sexual abuse, or sexual harassment;

5. Corporal punishment, which is administered through the intentional inflicting infliction of pain or discomfort to the body through actions such as, but not limited to (i) striking or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort;

6. Subjection to unsanitary living conditions;

7. Deprivation of opportunities for bathing or access to toilet facilities, except as ordered by a licensed physician health care professional for a legitimate medical purpose and documented in the resident's record;

8. Denial of health care;

9. Denial of appropriate services and treatment;

10. Application of aversive stimuli, except as permitted pursuant to other applicable state regulations; aversive stimuli means any physical forces (e.g., sound, electricity, heat, cold, light, water, or noise) or substances (e.g., hot pepper, pepper sauce, or pepper spray) measurable in duration and intensity that when applied to a resident are noxious or painful to the individual;

11. Administration of laxatives, enemas, or emetics, except as ordered by a licensed physician health care professional or poison control center for a legitimate medical purpose and documented in the resident's health care record;

12. Deprivation of opportunities for sleep or rest, except as ordered by a licensed physician health care professional for a legitimate medical purpose and documented in the resident's health care record;

13. Use of pharmacological restraints; and

14. Other constitutionally prohibited actions.

B. Employees shall be trained on the prohibited actions as provided in 6VAC35-101-190 (required initial training) and 6VAC35-101-200 (retraining); volunteers and interns shall be trained given a basic orientation on prohibited actions as provided in 6VAC35-101-300 (volunteer and intern orientation and training) 6VAC35-101-187; and residents shall be oriented on the prohibited actions as provided in 6VAC35-101-800 (admission and orientation).

6VAC35-101-655. Vulnerable population.

A. The facility shall implement a procedure for assessing whether a resident is a member of a vulnerable population. Factors including the resident's height and size, English proficiency, sexual orientation, history of being bullied, or history of self-injurious behavior may be considered in determining whether a resident is a member of a vulnerable population. The resident's own views with respect to the resident's safety shall be taken into consideration.

B. If the assessment determines a resident is a member of a vulnerable population, the facility shall implement any identified additional precautions such as heightened need for supervision, additional safety precautions, or separation from certain other residents. The facility shall consider on a case-by-case basis whether a placement would ensure the resident's health and safety and whether the placement would present management or security problems.

C. For the purposes of this section, vulnerable population means a resident or group of residents who have been assessed to be reasonably likely to be exposed to the possibility of being attacked or harmed, either physically or emotionally (e.g., very young residents; residents who are small in stature; residents who have limited English proficiency; residents who are gay, lesbian, bi-sexual, transgender, or intersex; residents with a history of being bullied or of self-injurious behavior).

6VAC35-101-660. Residents' mail.

A. A resident's incoming or outgoing mail may be delayed or withheld only in accordance with this section, as permitted by other applicable regulations, or by order of a court.

B. Staff may open and inspect residents' incoming and outgoing nonlegal mail for contraband. When based on legitimate interests of the facility's order and security, nonlegal mail may be read, censored, or rejected in accordance with written procedures. The resident shall be notified when incoming or outgoing letters are withheld in part or in full or redacted, as appropriate.

C. In the presence of the resident recipient and in accordance with written procedures, staff may open legal mail to inspect for contraband, but shall not read, legal mail it. Legal mail shall mean any written material that is sent to or received from a designated class of correspondents, as defined in procedures, which shall include any court, legal counsel, or administrators of the grievance system, the governing authority, the department, or the regulatory authority.

D. Staff shall not read outgoing mail addressed to parents, immediate family members, legal guardians, guardian ad litems guardians ad litem, counsel, courts, officials of the committing authority, public officials, or grievance administrators unless permission has been obtained from a court or the facility administrator or his designee has determined that there is a reasonable belief that the security of the facility is threatened. When so authorized, staff may read such mail in accordance with written procedures.

E. Except as otherwise provided, incoming and outgoing letters shall be held for no more than 24 hours and packages for no more than 48 hours, excluding weekends and holidays.

F. If requested by the resident, postage and writing materials shall be provided for unlimited outgoing legal correspondence mail and at least two other letters per week.

G. First-class letters and packages received for residents who have been transferred or released shall be forwarded to the resident's last known address or forwarding address or returned to sender.

H. Written procedure governing resident correspondence of residents shall be made available to all staff and residents and shall be reviewed annually and updated as needed.

6VAC35-101-670. Telephone calls.

Telephone Residents shall be permitted to make telephone calls shall be permitted in accordance with written procedures that take into account the need for security and order, resident behavior, and program objectives.

6VAC35-101-680. Visitation.

A. A resident's contacts and visits with family or legal guardians shall not be subject to unreasonable limitations, and any limitation limitations shall be implemented only as permitted by written procedures, other applicable regulations, or by order of a court.

B. Residents shall be permitted reasonable visiting privileges and, whenever possible, flexible visiting hours, consistent with written procedures, that take into account (i) the need for security and order, (ii) the behavior of the residents and visitors, and (iii) the importance of helping the resident maintain strong family and community ties, and (iv) whenever possible, flexible visiting hours.

C. Visitation procedures shall be provided upon request to the parent or legal guardian, as appropriate and applicable, and the residents.

6VAC35-101-690. Contact with attorneys, courts, and law enforcement.

A. Residents shall have uncensored, confidential contact with their legal representative in writing, as required by 6VAC35-101-660 (residents' mail), by telephone, or in person. Reasonable limits may be placed on such contacts as necessary to protect the security and order of the facility. For the purpose of this section a legal representative is defined as (i) a court appointed or retained attorney or a paralegal, investigator, or other representative from that attorney's office or (ii) an attorney visiting for the purpose of a consultation if requested by the resident.

B. Residents shall not be denied access to the courts.

C. Residents shall not be required to submit to questioning by law enforcement, although they may do so voluntarily.

1. Residents' consent shall be obtained prior to before any contact with law enforcement.

2. No employee may coerce a resident's decision to consent to have contact with law enforcement.

3. Each facility shall have written procedures for establishing a resident's consent to any such contact and for documenting the resident's decision. The procedures may provide for require (i) notification of the parent or legal guardian, as appropriate and applicable, prior to before the commencement of questioning; and (ii) opportunity, at the resident's request, to confer with an attorney, parent or legal guardian, or other person in making the decision deciding whether to consent to questioning.

6VAC35-101-700. Personal necessities.

A. At admission, each resident shall be provided the following:

1. An adequate supply of personal necessities for hygiene and grooming;

2. Size appropriate clothing and shoes for indoor and outdoor wear;

3. A separate bed equipped with a mattress, a pillow, blankets, bed linens, and, if needed, a waterproof mattress cover; and

4. Individual washcloths and towels.

B. At the time of issuance, all items shall be clean and in good repair.

C. Personal necessities shall be replenished as needed.

D. The washcloths, towels, and bed linens shall be cleaned or changed, at a minimum, at least once every seven days and more often, if needed. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in the laundering of such linens and table linens.

E. After issuance, blankets shall be cleaned or changed as needed.

6VAC35-101-710. Showers.

Residents shall have the opportunity to shower daily except as provided in written procedures for the purpose of maintaining facility security or for the special management of maladaptive behavior if approved by the facility administrator, the facility administrator's designee, or a qualified mental health professional.

6VAC35-101-730. Residents' privacy.

Residents shall be provided privacy from routine sight supervision by staff members of the opposite sex while bathing, dressing, or conducting toileting activities, except when constant supervision is necessary to protect the resident due to mental health issues involving self-injurious behaviors or suicidal ideations or attempts. This section does not apply to medical personnel performing medical procedures or to staff providing assistance to residents whose physical or mental disabilities dictate the need for assistance with these activities as justified in the resident's health care record.

6VAC35-101-740. Nutrition.

A. Each resident, except as provided in subsection B of this section, shall be provided a daily diet that (i) consists of at least three nutritionally balanced meals and an evening snack, (ii) includes an adequate variety and quantity of food for the age of the resident, and (iii) meets minimum applicable federal nutritional requirements.

B. Special diets or alternative dietary schedules, as applicable, shall be provided (i) when prescribed by a physician licensed health care professional or (ii) when necessary to observe the established religious dietary practices of the resident. In such circumstances, the meals shall meet the minimum applicable federal nutritional requirements. Special diets may be provided to a resident who has used food or culinary equipment inappropriately, resulting in a threat to facility security, provided the facility administrator, the facility administrator's designee, or a qualified mental health professional provides written approval.

C. Menus of actual meals served shall be kept on file for at least six months.

D. Staff who eat in the presence of the residents shall be served the same meals as the residents unless a special diet has been prescribed by a physician for the staff or residents or the staff or residents are observing established religious dietary practices.

E. There shall not be more than 15 hours between the evening meal and breakfast the following day, except when the facility administrator approves an extension of time between meals on weekends and holidays. When an extension is granted on a weekend or holiday, there shall never be more than 17 hours between the evening meal and breakfast.

F. Food shall be made Each detention center shall ensure that food is available to residents who, for documented medical or religious reasons, need to eat breakfast before the 15 hours have expired.

6VAC35-101-770. Recreation.

A. The detention center shall have a written description of its recreation program that describes activities that are consistent with the detention center's total program and with the ages, developmental levels, interests, and needs of the residents that includes:. The recreation program shall include:

1. Opportunities for individual and group activities;

2. Opportunity for large muscle exercise daily;

3. Scheduling so that activities do not conflict with meals, religious services, or educational programs, or other regular events;

4. Provision of a variety of equipment for each indoor and outdoor recreation period; and

5. Regularly scheduled indoor and outdoor recreational activities. Outdoor recreation will shall be available whenever practicable in accordance with the facility's recreation program. Staff shall document any adverse weather conditions, threat to facility security, or other circumstances preventing outdoor recreation.

B. The recreational program shall (i) address the means by which residents will be medically assessed for any physical limitations or necessary restrictions on physical activities and (ii) provide for the supervision of and safeguards for residents, including when participating in water-related and swimming activities.

6VAC35-101-780. Residents' funds.

A. The facility shall develop and implement written procedures for safekeeping and for recordkeeping of any money that belongs to residents.

B. Residents' personal funds shall be used only (i) for their the resident's benefit; (ii) for payment of any fines, restitution, costs, or support ordered by a court; or (iii) to pay restitution for damaged property or personal injury as determined by the disciplinary process.

6VAC35-101-790. Fundraising.

Residents shall not be used in fundraising activities without the written permission of the parent or legal guardian, as applicable, and the consent of the residents.

6VAC35-101-800. Admission and orientation.

A. Written procedure governing the admission and orientation of residents shall provide for:

1. Verification of legal authority for placement;

2. Search of the resident and the resident's possessions, including inventory and storage or disposition of property, as appropriate and required by 6VAC35-101-800 (admission and orientation) this section and 6VAC35-101-810 (residents' personal possessions);

3. A general assessment of the resident's physical condition by staff. The facility administrator or the facility administrator's designee shall not admit for custody an individual who is (i) visibly under the influence of alcohol or drugs and deemed to require medical attention; or (ii) in need of immediate emergency medical attention, until the individual has received written medical clearance from a physician or qualified mental health professional in an outside medical setting.

4. Health screening of the resident as required by 6VAC35-101-980 (health screening at admission);

4. 5. Mental health screening of the resident as required by 6VAC35-101-820 (mental health screening);

5. Notification of 6. Notice to the parent or legal guardian of admission, during which facility staff shall include an inquiry regarding ask whether the resident has any immediate medical concerns or conditions;

6. 7. Provision to the parent or legal guardian of information on (i) visitation, (ii) how to request information, and (iii) how to register concerns and complaints with the facility;

7. 8. Interview with the resident to answer questions and obtain information; and

8. 9. Explanation to the resident of program services and schedules.

B. The resident shall receive an orientation to the following:

1. The behavior management program as required by 6VAC35-101-1070 (behavior management);

a. During the orientation, residents shall be given written information describing rules of conduct, the sanctions for rule violations, and the disciplinary process. These shall be explained to the resident and documented by the dated signature of the resident and staff.

b. Where If a language or literacy problem exists that can lead to a resident misunderstanding the rules of conduct and related regulations, staff or a qualified person under the supervision of staff shall assist the resident.

2. The grievance procedure as required by 6VAC35-101-100 (grievance procedure);

3. The disciplinary process as required by 6VAC35-101-1080 (disciplinary process);

4. The resident's responsibilities in implementing the emergency procedures as required by 6VAC35-101-510 (emergency and evacuation procedures); and

5. The resident's rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions).

C. Such orientation shall occur prior to assignment of the resident to a housing unit or room.

D. Staff performing admission and orientation requirements contained in this section shall be trained prior to performing such duties.

6VAC35-101-810. Residents' personal possessions.

A. Residents' Each detention center shall inventory every resident's personal possessions shall be inventoried upon admission and such inventory shall be documented document the information in the resident's case record. When a resident arrives at a facility with items not permitted in the detention center, staff shall:

1. Dispose of contraband items in accordance with written procedures; and

2. If the items are nonperishable property that the resident may otherwise legally possess, securely store the property and return it to the resident upon release.

B. Each detention center shall implement a written procedure regarding the disposition of personal property unclaimed by residents after release from the facility.

6VAC35-101-820. Mental health screening.

A. Each resident shall undergo a mental health screening, as required by § 16.1-248.2 of the Code of Virginia, administered by trained staff, to ascertain the resident's suicide risk level and need for a mental health assessment. Such screening shall include the following:

1. A preliminary mental health screening, at the time of admission, consisting of a structured interview and observation as provided in facility procedures; and

2. The administration of an objective mental health screening instrument within 48 hours of admission.

B. The mental health screening shall include the following:

1. A preliminary mental health screening at the time of admission, consisting of a structured interview and observation, as provided in facility procedures; and

2. The administration of an objective, department-approved mental health screening instrument within 48 hours of admission. The facility may supplement the screening instrument with additional questions or observations, as authorized in the facility's written procedures.

C. If the mental health screening indicates that a mental health assessment is needed, it the assessment shall take place be conducted within 24 hours of such the determination as required in pursuant to the requirements set out in § 16.1-248.2 of the Code of Virginia.

6VAC35-101-830. Classification plan.

Residents shall be assigned Detention center staff shall assign residents to sleeping rooms and living units according to a written plan that takes into consideration the detention center center's design, staffing levels, and the behavior and characteristics of individual residents.

6VAC35-101-840. Discharge Release.

A. Residents shall be released from a detention center only in accordance with written procedure.

B. Each resident's record shall contain a copy of the documentation authorizing the resident's discharge release.

C. Residents shall be discharged released only to the parent, legal guardian, or legally authorized representative.

D. As applicable and appropriate, information concerning current medications shall be provided to the parent, legal guardian, or legally authorized representative.

6VAC35-101-860. Structured programming.

A. Each facility shall implement a comprehensive, planned, and structured daily routine, including appropriate supervision, designed to:

1. Meet the residents' physical, emotional, and educational needs;

2. Provide protection, guidance, and supervision;

3. Ensure the delivery of program services; and

4. Meet the objectives of any the resident's individual service plan, if applicable.

B. The structured daily routine shall be followed for all weekday and weekend programs and activities. Deviations from the schedule shall be documented.

6VAC35-101-870. Written communication between staff; daily log.

A. Procedures The detention center shall be implemented providing for the implement written procedures requiring the creation and maintenance of a daily log or other daily written means of communication between staff, such as the use of daily logs. This means of communication shall be maintained to inform staff of significant happenings incidents or problems experienced by residents, such as any resident medical or dental complaints or injuries.

B. The date and time of the entry and the identity of the individual making each entry shall be recorded Log entries shall provide clear indication of the date and time that entries are made. The individual making entries shall be identified in the manner set out in facility procedures.

C. If the means of communication between staff is electronic, all entries shall post the date, time, and name of the person making an entry be made in accordance with subsection B of this section. The computer program shall prevent previous entries from being overwritten.

6VAC35-101-880. Additional assignments of direct care staff.

A. Direct care staff and staff responsible for the direct supervision of residents may assume the duties of nondirect care personnel only when these duties do not interfere with their direct care or direct supervision responsibilities.

B. Residents shall may assist in support functions that are part of the established, structured program, such as building and grounds maintenance and housekeeping, but may not be solely responsible for support these functions, including but not necessarily limited to, food service, maintenance of building and grounds, and housekeeping.

6VAC35-101-890. Staff supervision of residents.

A. Staff shall provide 24-hour awake supervision seven days a week.

B. No member of the direct care staff shall be on duty and responsible for the direct care of residents for more than six consecutive days without a rest day, except in an emergency. For the purpose of this section, rest day shall mean a period of not less than 24 consecutive hours during which a staff person has no responsibility to perform duties related to the operation of a detention center. Such duties shall include participation in any training that is required by (i) this chapter, (ii) the employee's job duties, or (iii) the employee's supervisor.

C. Direct care staff shall have an average be scheduled an average of at least two rest days per week in any four-week period.

D. Direct care staff shall not be on duty more than 16 consecutive hours except in an emergency.

E. When both males and females are housed in the same living unit, at least one male and one female staff member shall be actively supervising at all times.

F. Staff shall always be in plain view of another staff person when entering an area occupied by residents of the opposite sex.

G. Staff shall regulate the movement of residents within the detention center in accordance with written procedures.

H. Written procedures shall be implemented governing the transportation of residents outside the detention center and from one jurisdiction to another.

6VAC35-101-900. Staffing pattern.

A. The facility shall develop, implement, and document a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring to ensure the safe supervision of residents on the premises. The facility administrator shall review the staffing plan annually.

B. During the hours that residents are scheduled to be awake, there shall be at least one direct care staff member awake, on duty, and responsible for supervision of every 10 eight residents, or portion thereof, on the premises or participating in attending off-campus, detention center- sponsored activities.

B. C. During the hours that residents are scheduled to sleep there shall be no less fewer than one direct care staff member on duty and responsible for the supervision of every 16 residents, or portion thereof, on the premises.

C. D. There shall be at least one direct care staff member on duty and responsible for the supervision of residents in each building where residents are sleeping.

D. E. At all times, there shall be no less fewer than one direct care staff member with current certifications in standard first aid and cardiopulmonary resuscitation on duty for every 16 residents, or portion thereof, being supervised by staff.

6VAC35-101-920. Work and employment.

A. Assignment of chores, that are paid or unpaid work assignments, Paid and unpaid work assignments, including chores, that are assigned by or carried out at the juvenile detention center shall be in accordance with the age, health, and ability, and service plan of the resident.

B. Chores Assignments specified in subsection A of this section shall not interfere with school programs, study periods, meals, or sleep.

C. In both work assignments and employment the The facility administrator or the facility administrator's designee shall evaluate the appropriateness of the work and the fairness of the pay for external employment opportunities for residents.

6VAC35-101-930. Health authority.

The facility administrator shall designate a physician, nurse, nurse practitioner, psychiatrist, government authority, health administrator, health care contractor, or health agency to serve as the facility's health authority responsible for organizing, planning, and monitoring the timely provision of appropriate health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health services, consistent with applicable statutes and regulations, prevailing community standards, and medical ethics.

6VAC35-101-940. Provision of health care services.

Treatment by nursing Nursing personnel shall be performed provide treatment pursuant to the laws and regulations governing the practice of nursing within the Commonwealth. Other health trained personnel shall provide care within their level of training and certification.

6VAC35-101-950. Health care procedures.

A. Written The facility shall develop and implement written procedures shall be developed and implemented for:

1. Providing or arranging for the provision of medical and dental services for health problems identified at admission;

2. Providing or arranging for the provision of on-going ongoing and follow-up medical and dental services after admission;

3. Providing or arranging for the provision of dental services for residents who present with acute dental concerns;

4. Providing emergency services for each resident as provided by statute or by the agreement with the resident's legal guardian, as applicable;

5. Providing emergency services for any resident experiencing or showing signs of suicidal or homicidal thoughts, symptoms of mood or thought disorders, or other mental health problems; and

6. Ensuring that the required information in subsection B of this section is accessible and up to date.

B. The following written information concerning each resident shall be readily accessible to designated staff who may have need to respond to a medical or dental emergency:

1. Name, address, and telephone number of the physician and dentist to be notified;

2. Name, address, and telephone number of a relative or other person to be notified; and

3. Information concerning:

a. Use of medication;

b. All allergies Allergies, including medication allergies;

c. Substance abuse and use; and

d. Significant past and present medical problems.

6VAC35-101-960. Health trained Health-trained personnel.

A. Health trained Health-trained personnel shall provide care as appropriate to their level of training and certification and shall not administer health care services for which they are not qualified or specifically trained.

B. The facility shall retain documentation of the training received by health trained health-trained personnel necessary to perform any designated health care services. Documentation of applicable, current licensure or certification shall constitute compliance with this section.

6VAC35-101-970. Consent to and refusal of health care services.

A. Health Consent to health care services, as defined in 6VAC35-101-10 (definitions), shall be provided in accordance with § 54.1-2969 of the Code of Virginia. The knowing and voluntary agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free choice (informed consent) to health care shall be obtained from the resident or parent or legal custodian, as required by law. The juvenile detention center shall obtain consent from the resident or parent or legal guardian, as required by law, before providing health care services to a resident. The consent shall be knowing and voluntary, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion.

B. The An appropriately trained medical professional shall advise the resident and parent or legal guardian, as appropriate and applicable, shall be advised by an appropriately trained medical professional of (i) the material facts regarding the nature, consequences, and risks of the proposed treatment, examination, or procedure and (ii) the alternatives to it the proposed treatment, examination, or procedure.

C. Residents may refuse in writing medical treatment and care. Facilities shall have written procedures for:

1. Explaining the implications of refusals refusal; and

2. Documenting the reason for the refusal.

This subsection does not apply to medication refusals that, which are governed by 6VAC35-101-1060 (medication).

D. When health care is rendered against the resident's will, it shall be in accordance with applicable laws and regulations.

6VAC35-101-980. Health screening at admission.

A. To prevent newly arrived residents who pose a health or safety threat to themselves or others from being admitted to the general population, all residents shall immediately upon admission undergo a preliminary health screening upon admission consisting of a structured interview and observation by health care personnel or health trained health-trained personnel, as defined in 6VAC35-101-10 (definitions), as approved by the health authority.

B. Residents admitted Admitted residents who pose are identified during the screening required in subsection A of this section as posing a health or safety threat to themselves or others shall be separated from the detention center's general population but until they are no longer a risk. During the period of separation, provision shall be made for them to receive comparable services.

C. Immediate health care is shall be provided to admitted residents who need it.

6VAC35-101-990. Tuberculosis screening.

A. Within five days of admission to the facility, each resident shall have had undergone a screening assessment for tuberculosis. The screening assessment can shall be no older than 30 days.

B. A screening assessment for tuberculosis shall be completed annually on each resident.

C. The facility's screening practices shall be performed in a manner consistent with any current recommendations of the Virginia Department of Health, Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention for the detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis.

6VAC35-101-1000. Residents' medical examination; responsibility for preexisting conditions.

A. Within five days of admission, all residents who are not directly transferred from another detention center shall be medically examined by a physician or a qualified health care practitioner operating under the supervision of a physician to determine if the resident requires medical attention or poses a threat to the health of staff or other residents. A full medical examination is not required if there is documented evidence of a complete health examination within the previous 90 days; in such cases, a physician or qualified health care practitioner shall review the resident's health care record and update as necessary.

B. Each physical examination report shall include:

1. Information necessary to determine the health and immunization needs of the resident, including:

a. Immunizations administered at the time of the exam;

b. Vision exam;

c. Hearing exam;

d. A statement of the resident's general physical condition and documentation of communicable disease status, including tuberculosis;

e. Allergies, chronic conditions, and disabilities, if any;

f. Nutritional requirements, including special diets, if any;

g. Restrictions on physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated.

2. Date of the physical examination; and

3. Signature of a licensed physician, the physician's designee, or an official of a local health department.

C. A detention center shall not accept financial responsibility for preexisting medical, dental, psychological, or psychiatric conditions, except on an emergency basis.

6VAC35-101-1010. Infectious or communicable diseases.

A. A resident with a confirmed communicable disease shall not be housed in the general population unless a licensed physician health care professional certifies that:

1. The facility is capable of providing care to the resident without jeopardizing residents and staff; and

2. The facility is aware of the required treatment for the resident and the procedures to protect residents and staff.

B. The facility shall implement written procedures approved by a medical health care professional that:

1. Address staff (i) interactions with residents with infectious, communicable, or contagious medical conditions; and (ii) use of standard precautions;

2. Require staff training in standard precautions, initially and annually thereafter in accordance with 6VAC35-101-190 and 6VAC35-101-200; and

3. Require staff to follow procedures for dealing with residents who have infectious or communicable diseases.

6VAC35-101-1020. Suicide prevention.

Written procedure shall provide for require (i) a suicide prevention and intervention program developed in consultation with a qualified medical or mental health professional and (ii) all direct care staff to be trained and retrained in the implementation of the program, in accordance with 6VAC35-101-190 and 6VAC35-101-200.

6VAC35-101-1030. Residents' health care records.

A. Each resident's health care record shall include written documentation of (i) the initial physical examination, (ii) an annual physical examination by or under the direction of a licensed physician including any recommendation for follow-up care, and (iii) documentation of the provision of follow-up medical care recommended by the physician or as indicated by the needs of the resident.

B. Each physical examination report shall include:

1. Information necessary to determine the health and immunization needs of the resident, including:

a. Immunizations administered at the time of the exam;

b. Vision exam;

c. Hearing exam;

d. General physical condition, including documentation of apparent freedom from communicable disease, including tuberculosis;

e. Allergies, chronic conditions, and handicaps, if any;

f. Nutritional requirements, including special diets, if any;

g. Restrictions on physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated.

2. Date of the physical examination; and

3. Signature of a licensed physician, the physician's designee, or an official of a local health department.

C. B. Each resident's health care record shall include:

1. Notations of health and dental complaints and injuries and, a summary of the residents resident's symptoms, and the treatment given; and

2. A copy of the information required in subsection B of 6VAC35-101-950 (health care procedures).

6VAC35-101-1040. First aid kits.

A. A well-stocked first aid kit shall be maintained, within the facility, as well as in facility vehicles used to transport residents. The first aid kit shall contain an inventory of contents, be stocked with and in accordance with an inventory of contents, and be readily accessible for dealing with minor injuries and medical emergencies.

B. First aid kits should shall be monitored in accordance with established facility written procedures to ensure kits are maintained, stocked, and ready for use.

6VAC35-101-1050. Hospitalization and other outside medical treatment of residents.

A. When a resident needs hospital care or other medical treatment outside the detention center:, a staff member or a law-enforcement officer, as appropriate, shall accompany the resident until appropriate security arrangements are made. This subdivision shall not apply to the transfer of residents under The Psychiatric Inpatient Treatment of Minors Act (§ 16.1-355 et seq. of the Code of Virginia).

1. The resident shall be transported safely; and

2. A staff member or a law-enforcement officer, as appropriate, shall accompany the resident until appropriate security arrangements are made. This subdivision shall not apply to the transfer of residents under The Psychiatric Inpatient Treatment of Minors Act (§ 16.1-355 et seq. of the Code of Virginia).

B. In accordance with applicable laws and regulations, the parent or legal guardian, as appropriate and applicable, shall be informed that the resident was taken outside the facility for medical attention as soon as is practicable.

6VAC35-101-1060. Medication.

A. All medication shall be properly labeled consistent with the requirements of the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia). Medication prescribed for individual use shall be so labeled.

B. All medication shall be securely locked, except (i) as required by 6VAC35-101-1250 (delivery of medication in postdispositional programs) or (ii) if otherwise ordered by a physician on an individual basis for keep-on-person or equivalent use. Except as (i) authorized in written procedures pursuant to 6VAC35-101-1250 or (ii) otherwise ordered by a physician on an individual basis for keep-on-person or equivalent use, all medication shall be locked securely.

C. All staff responsible for medication administration who do not hold a license issued by the Virginia Department of Health Professions authorizing the administration of medications shall, in accordance with the provisions of § 54.1-3408 of the Code of Virginia, either (i) have successfully completed a medication training program approved by the Board of Nursing or (ii) be licensed by the Commonwealth of Virginia to administer medications before they can may administer medication as stated provided in 6VAC35-101-190 (required initial training). Such staff members shall undergo an annual refresher training as stated provided in 6VAC35-101-200 (retraining).

D. Staff authorized to administer medication shall be informed of any known side effects of the medication and the symptoms of the effects.

E. A program of medication, including procedures regarding the use of over-the-counter medication pursuant to written or verbal orders issued by personnel authorized by law to give such orders, shall be initiated for a resident only when prescribed in writing by a person authorized by law to prescribe medication. A program of medication shall be initiated for a resident only when prescribed in writing by a person authorized by law to prescribe medication. This includes over-the-counter medication administered pursuant to a written or verbal order that is issued by personnel authorized by law to give such orders.

F. All medications shall be administered in accordance with the physician's or other prescriber's instructions and consistent with the requirements of § 54.2-2408 § 54.1-3408 of the Code of Virginia and the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

G. A medication administration record shall be maintained of that identifies all medicines received by each resident and shall include that includes:

1. Date the medication was prescribed or most recently refilled;

2. Drug Medication name;

3. Schedule for administration;

4. Strength;

5. Route;

6. Identity of the individual who administered the medication; and

7. Dates Date the medication was discontinued or changed.

H. In the event of If a medication incident or an adverse drug reaction occurs, first aid shall be administered if indicated. Staff shall promptly contact a poison control center, hospital, pharmacist, nurse, or physician and shall take actions as directed. If the situation is not addressed in standing orders, the attending physician shall be notified as soon as possible and the actions taken by staff shall be documented. A medication incident shall mean an error made in administering a medication to a resident including the following: (i) a resident is given incorrect medication; (ii) medication is administered to the incorrect resident; (iii) an incorrect dosage is administered; (iv) medication is administered at a wrong time or not at all; and (v) the medication is administered through an improper method. A medication error does not include a resident's refusal of appropriately offered medication.

I. Written procedures shall provide for require (i) the documentation of medication incidents, (ii) the review of medication incidents and reactions and making any implementation of necessary improvements, (iii) the storage of controlled substances, and (iv) the distribution of medication off campus. The procedures must be approved by a health care professional. Documentation of this approval shall be retained.

J. Medication refusals and the actions taken by staff shall be documented including action taken by staff. The facility shall follow written procedures for managing such the refusals which shall address:

1. Manner The manner by which medication refusals are documented; and

2. Physician follow-up, as appropriate.

K. Disposal and storage of unused, expired, and discontinued medications and medical implements shall be in accordance with applicable laws and regulations.

L. The telephone number of a regional poison control center and other emergency numbers shall be posted on or next to each nonpay telephone that has access to an outside line in each building in which residents sleep or participate in programs.

M. Syringes and other medical implements used for injecting or cutting skin shall be locked and inventoried in accordance with facility procedures.

Article 1

Behavior, Discipline, and Room Restriction

6VAC35-101-1070. Behavior management.

A. A behavior management program shall be implemented in each facility. Behavior management shall mean 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 the residents' and employees' safety and security.

B. Written procedures governing this program shall provide the following:

1. A listing list of the rules of conduct and behavioral expectations for the resident;

2. Orientation of residents to the behavior management program as required by 6VAC35-101-800 (admission and orientation);

3. The definition and listing list of a system of privileges and sanctions consequences that is used and are available for use. Sanctions, the specific behaviors or offenses that may result in the imposition of the listed privileges or consequences, and the maximum duration of the consequence for the delineated behavior or offense. Consequences (i) shall be listed in the order of their relative degree of restrictiveness; (ii) may include a "cooling off" cooling-off period where a resident is placed in a room for no more than 60 minutes; and (iii) shall contain alternatives to room confinement disciplinary room restriction;

4. The specification of the staff members who may authorize the use of each privilege and sanction;

5. Documentation requirements when privileges are applied and sanctions or consequences are imposed;

6. The specification of the processes for implementing such procedures; and

7. Means of documenting and monitoring of the program's implementation, including, but not limited to, an on-going ongoing administrative review of the implementation to ensure conformity with the procedures.

C. A facility that allows for and utilizes a cooling-off period as part of its behavior management program shall develop and follow written procedures that:

1. Identify the area in which a resident will serve a cooling-off period;

2. Require that any resident serving a cooling-off period shall have a means of communicating with staff either verbally or electronically;

3. Require that staff check the resident serving a cooling-off period visually at least once every 15 minutes and more often if indicated by the circumstances; and

4. Provide that each cooling-off period is documented in a manner that (i) identifies whether the cooling-off period is resident-selected or compulsory and (ii) ensures the information is accessible to staff and is capable of being reviewed in accordance with subsection E of this section.

C. D. When substantive revisions are made to the behavior management program, written information concerning the revisions shall be provided to the residents, and direct care staff shall be oriented on the changes prior to before implementation.

D. E. The facility administrator shall review collect information on the detention center's behavior intervention techniques and procedures at least, including the use of room restriction and cooling-off periods and shall review the information annually or more frequently to inform the facility's practice and determine appropriateness for the population served.

6VAC35-101-1080. Disciplinary process.

A. Procedures. Written procedures shall govern the disciplinary process that and shall contain the following:

1. Graduated sanctions consequences and progressive discipline;

2. Training on the disciplinary process and rules of conduct; and

3. Documentation on the administration of privileges and sanctions consequences as provided in the behavior management program.

B. Disciplinary report. A disciplinary report shall be completed when it is alleged that a resident has violated a rule of conduct for which room confinement restriction, including a bedtime earlier than that provided on the daily schedule, may be imposed as a sanction.

1. All disciplinary reports shall contain the following:

a. A description of the alleged rule violation, including the date, time, and location;

b. A listing list of any staff present at the time of the alleged rule violation;

c. The signature of the resident and the staff who completed the report; and

d. The sanctions, if any, consequences imposed, if any.

2. A disciplinary report shall not be required when a resident is placed in his restricted to a room or area for a "cooling off" period, as defined in 6VAC35-101-10 and in accordance with written procedures, that does not exceed 60 minutes.

C. Review of rule violation. A review of the disciplinary report shall be conducted by an impartial person. After the resident receives notification of the alleged rule violation, the resident shall be provided with the opportunity to admit or deny the charge.

1. The resident may admit to the charge, in writing, and accept the sanction (i) prescribed for the offense or (ii) as amended by the impartial person.

2. The resident may deny the charge, and the impartial person shall:

a. Meet in person with the resident;

b. Review the allegation with the resident;

c. Provide the resident with the opportunity to present evidence, including witnesses;

d. Provide, upon the request of the resident, Upon the resident's request, provide for an impartial staff member to assist the resident in the conduct of conducting the review;

e. Render a decision and inform the resident of the decision and rationale supporting this decision;

f. Complete the review within 12 hours of the time of the alleged rule violation, including weekends and holidays, unless the time frame ends during but excluding the resident's scheduled sleeping hours. In such circumstances, the delay shall be documented and the review shall be conducted within the same time frame thereafter;

g. Document the review, including any statement of the resident, evidence, witness testimony, the decision, and the rationale for the decision; and

h. Advise the resident of the right to appeal the decision.

D. Appeal. The resident shall have the right to appeal the decision of the impartial person.

1. The resident's claim appeal shall be reviewed by the facility administrator or designee and shall be decided within 24 hours of the alleged rule violation, including weekends and holidays, unless the time frame ends during the resident's scheduled sleeping hours. In such circumstances, the delay shall be documented and the review shall be conducted within the same time frame thereafter. The review by the facility administrator may be conducted via electronic means but excluding the resident's scheduled sleeping hours.

2. The resident shall be notified in writing of the results immediately thereafter, and the signature of the resident and the staff shall be documented, indicating that the resident was informed of the results of the appeal.

E. Report retention. If the resident is found guilty of the rule violation, a copy of the disciplinary report shall be placed in the case record. If a resident is found not guilty of the alleged rule violation, the disciplinary report shall be removed from the resident's case record and shall be maintained as required by 6VAC35-101-330 (maintenance of residents' records). Disciplinary reports shall be maintained in the resident's case record as required by 6VAC35-101-330.

6VAC35-101-1090. Physical restraint. (Repealed.)

A. Physical restraint shall be used as a last resort only after less restrictive interventions have failed or to control residents whose behavior poses a risk to the safety of the resident, others, or the public.

1. Staff shall use the least force deemed reasonable to be necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with the intent to inflict injury.

2. Staff may physically restrain a resident only after less restrictive behavior interventions have failed or when failure to restrain would result in harm to the resident or others.

3. Physical restraint may be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint.

4. For the purpose of this section, physical restraint shall mean the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

B. Written procedures shall govern the use of physical restraint and shall include:

1. The staff position who will write the report and time frame;

2. The staff position who will review the report and time frame;

3. Methods to be followed should physical restraint, less intrusive interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior; and

4. An administrative review of the use of physical restraints to ensure conformity with the procedures.

C. Each application of physical restraint shall be fully documented in the resident's record including:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted prior to using physical restraint;

5. Duration;

6. Description of method or methods of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer's signature and date.

6VAC35-101-1100. Room confinement and isolation restriction.

A. Written procedures shall govern how and when residents may be confined to a locked room for both segregation and isolation purposes. governing room restriction shall address the following:

1. The actions or behaviors that may result in room restriction;

2. The factors that should be considered before placing a resident in room restriction, such as age, developmental level, or disability;

3. The circumstances under which a debriefing with the resident should occur, the party that should conduct the debriefing, and the topics that should be discussed in the debriefing, including the cause and impact of the room restriction and the appropriate measures post-release to support positive resident outcomes; and

4. When and under what conditions staff must consult with a mental health professional and monitor the resident as directed by the mental health professional if a resident placed in room restriction exhibits self-injurious behavior.

B. Whenever a resident is confined to a locked room, including but not limited to being placed in isolation room restriction, staff shall check the resident visually at least every 30 15 minutes and more often if indicated by the circumstances. Staff shall conduct a check at least every 15 minutes in accordance with approved procedures when the resident is on suicide watch.

C. Residents who are confined to a room, including but not limited to being placed in isolation, room restriction shall be afforded the opportunity for at least one hour of physical exercise, large muscle activity outside of the locked room, every calendar day unless the resident's behavior or other circumstances justify an exception. The reasons for any such exception shall be approved by the facility administrator or the facility administrator's designee and shall be documented.

D. Unless a resident is placed in disciplinary room restriction, as provided in 6VAC35-101-1105, the resident shall be afforded the same opportunities as any other resident in general population, including treatment, education, and as much time out of the resident's room as security considerations allow. Exceptions may be made in accordance with established procedures when justified by clear and substantiated evidence.

D. E. If a resident is confined to his placed in room restriction for any reason for more than 24 hours, the facility administrator or the facility administrator's designee shall be notified and shall provide written approval for the continued room restriction. The written approval shall include a rationale of why the continued room restriction is necessary.

E. F. If the confinement room restriction extends to more than 72 hours, the (i) confinement restriction and (ii) steps being taken or planned to resolve the situation shall be immediately reported immediately to the director or the facility administrator's designee. If this report is made verbally, it shall be followed immediately with a written, faxed, or secure email report in accordance with written procedures. For room restriction anticipated to exceed 72 hours, the medical and mental health status of the resident shall be assessed by a qualified medical health professional or qualified mental health professional within the initial 72-hour room restriction period and on a daily basis after the 72-hour period has elapsed until the resident is released from room restriction.

F. G. Room confinement, including isolation or administrative confinement, restriction shall not exceed five consecutive days except when ordered by a medical provider or a qualified mental health professional.

G. H. When confined to a placed in room restriction, the resident shall have a means of communication with staff, either verbally or electronically.

H. I. The facility administrator or the facility administrator's designee shall make daily personal contact with each resident who is confined to a locked placed in room, including being placed in isolation, each day of confinement restriction in order to ensure that all such residents, with the exception of those placed in disciplinary room restriction, are restricted only for the minimum amount of time required to address the resident's negative behavior or threat. During the daily visit, the facility administrator shall assess and document (i) whether the resident is prepared to return to general population, unless the resident is placed in disciplinary room restriction for a specified time period; and (ii) whether the resident requires a mental health evaluation.

I. During isolation, the resident is not permitted to participate in activities with other residents and all activities are restricted, with the exception of (i) eating, (ii) sleeping, (iii) personal hygiene, (iv) reading, and (v) writing.

J. Residents who are placed in room restriction shall be housed no more than one to a room.

K. The provisions of this section shall apply to all forms of room restriction, including disciplinary room restriction, unless otherwise provided.

6VAC35-101-1105. Disciplinary room restriction.

A. Unless otherwise provided, when a resident is placed in disciplinary room restriction, the provisions of 6VAC35-101-1100 shall apply.

B. Written procedures governing disciplinary room restriction shall:

1. Specify that residents may be placed in room restriction only after application of the disciplinary process, as provided for in 6VAC35-101-1080; and

2. Comply with the behavior management requirements set out in 6VAC35-101-1070.

C. Residents placed in disciplinary room restriction generally shall not be permitted to participate in activities with other residents, and all activities are restricted unless an exception is issued by the facility administrator or his designee. The following activities, however, shall not be restricted: (i) eating, (ii) sleeping, (iii) personal hygiene, (iv) any legally required educational programming or special education services; and (v) large muscle activity, except as permitted in 6VAC35-101-1100 C. The facility administrator or the facility administrator's designee shall provide opportunities for residents placed in disciplinary room restriction to engage in reading or writing activities in accordance with the safety and security needs of the resident.

6VAC35-101-1110. Administrative confinement. (Repealed.)

A. Residents shall be placed in administrative confinement only by the facility administrator or designee, as a last resort for the safety of the residents. The reason for such placement shall be documented in the resident's case record.

B. Residents who are placed in administrative confinement shall be housed no more than two to a room. Single occupancy rooms shall be available when indicated for residents with severe medical disabilities, residents suffering from serious mental illness, sexual predators, residents who are likely to be exploited or victimized by others, and residents who have other special needs for single housing.

C. Residents who are placed in administrative confinement shall be afforded basic living conditions approximating those available to the facility's general population and, as provided for in approved procedures, shall be afforded privileges similar to those of the general population. Exceptions may be made in accordance with established procedures when justified by clear and substantiated evidence. If residents who are placed in administrative confinement are confined to a room or placed in isolation, the provisions of 6VAC35-101-1100 (room confinement and isolation) and 6VAC35-1140 (monitoring restrained residents) apply, as applicable.

D. Administrative confinement means the placement of a resident in a special housing unit or designated individual cell that is reserved for special management of residents for purposes of protective custody or the special management of residents whose behavior presents a serious threat to the safety and security of the facility, staff, general population, or themselves. For the purpose of this section, protective custody shall mean the separation of a resident from the general population for protection from or for other residents for reasons of health or safety.

Article 2

Physical Restraint

6VAC35-101-1115. Physical restraint.

A. Physical restraint shall be used as a last resort only after less restrictive interventions have failed or to control residents whose behavior poses a risk to the safety of the resident, staff, or others.

1. Staff shall use the least force deemed reasonably necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with the intent to inflict injury.

2. Physical restraint may be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint in accordance with the requirements in 6VAC35-101-190 and 6VAC35-101-200.

B. Each detention center shall implement written procedures governing the use of physical restraint, which shall include:

1. The staff position that will write the report and timeframe for completing the report;

2. The staff position that will review the report and timeframe for completing the review;

3. Methods to be followed should physical restraint, less intrusive interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior; and

4. An administrative review of the use of each physical restraint to ensure conformity with the procedures.

C. Each application of physical restraint shall be fully documented in the resident's case record. The document shall include:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted before using physical restraint;

5. Duration of the restraint;

6. Description of the method or methods of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer's signature and date.

Article 3

Mechanical Restraints and Protective Devices

6VAC35-101-1130. Mechanical restraints and protective devices.

A. Written procedure shall govern the use of mechanical restraints. Such procedures shall be approved by the department and shall specify:

1. The conditions under which handcuffs, waist chains, leg irons, disposable plastic cuffs, leather restraints, and a mobile restraint chair may be used;

2. That the facility administrator or his designee shall be notified immediately upon using restraints in an emergency situation;

3. That restraints shall never be applied as punishment or a sanction;

4. That residents shall not be restrained to a fixed object or restrained in an unnatural position;

5. That each use of mechanical restraints, except when used to transport a resident or during video court hearing proceedings, shall be recorded in the resident's case file or in a central log book; and

6. That a written record of routine and emergency distribution of restraint equipment be maintained.

B. Written procedure shall provide that (i) all staff who are authorized to use restraints shall receive training in such use, including how to check the resident's circulation and how to check for injuries and (ii) only trained staff shall use restraints.

A. Mechanical restraints and protective devices may be used for the following purposes subject to the restrictions enumerated in this section: (i) to control residents whose behavior poses an imminent risk to the safety of the resident, staff, or others; (ii) for purposes of controlled movement, either from one area of the facility to another or to a destination outside the facility; and (iii) to address emergency situations.

B. A detention center that uses mechanical restraints or protective devices shall observe the following general requirements:

1. Mechanical restraints and protective devices shall be used only for as long as necessary to address the purposes established in subsection A of this section. Once the imminent risk to safety has been abated, the resident has reached the resident's intended destination within the facility or has returned to the facility from a destination off-site, or the emergency situation has been resolved, the mechanical restraint or protective device shall be removed;

2. The facility administrator or the facility administrator's designee shall be notified immediately upon using mechanical restraints or protective devices in an emergency situation;

3. The facility shall not use mechanical restraints or protective devices as a punishment or a sanction;

4. Residents shall not be restrained to a fixed object or restrained in an unnatural position. For purposes of this section, securing a resident to a hospital bed or wheelchair may be permitted in an outside medical setting upon written approval by the facility administrator;

5. A mental health clinician, qualified mental health professional, or other qualifying licensed medical professional may order termination of a mechanical restraint or protective device at any time upon determining that the item poses a health risk;

6. Each use of a mechanical restraint or protective device, except when used to transport a resident or during video court hearing proceedings, shall be recorded in the resident's case file or in a central log book;

7. A written system of accountability shall be in place to ensure routine and emergency distribution of mechanical restraints and protective devices; and

8. All staff who are authorized to use mechanical restraints or protective devices shall receive training in such use in accordance with 6VAC35-101-190 and 6VAC35-101-200, and only trained staff shall use restraint or protective devices.

C. A detention center that uses a mechanical restraint to control a resident whose behavior poses a safety risk in accordance with subdivision A 1 of this section shall notify a health care provider and a mental health clinician or qualified mental health professional before continuing to use the restraint and, if applicable, the accompanying protective device if the imminent risk has been abated, but the facility determines that continued use of the mechanical restraint is necessary to maintain security due to the resident's ongoing credible threat to injure the resident's self or others. This may include instances in which the resident verbally expresses the intent to continue the actions that required the restraint.

D. A detention center may not use a protective device unless such use is in connection with a restraint and shall remove the device when the resident is released from the restraint.

E. In addition to the requirements in subsections A through D of this section, if staff in a juvenile detention center use a spit guard to control resident behavior, they shall observe the following requirements:

1. Staff may not use a spit guard unless it possesses the following characteristics:

a. The spit guard's design may not inhibit the resident's ability to breathe;

b. The spit guard must be constructed to allow for visibility; and

c. The spit guard must be manufactured and sold specifically for the prevention of biting or spitting.

2. The spit guard may be used only on a resident who (i) previously has bitten or spit on a person at the facility or (ii) in the course of a current restraint, threatens or attempts to spit on or bite or actually spits on or bites a staff member.

3. The spit guard must be applied in a manner that will not inhibit the resident's ability to breathe.

4. While the spit guard remains in place, staff shall provide for the resident's reasonable comfort and ensure the resident's access to water and meals, as applicable.

5. Staff must employ constant supervision of the resident while the spit guard remains in place to observe whether the resident exhibits signs of respiratory distress. If any sign of respiratory distress is observed, staff shall take immediate action to prevent injury and to notify supervisory staff.

6. Staff may not use a spit guard on a resident who is unconscious, vomiting, or in obvious need of medical attention.

6VAC35-101-1140. Monitoring restrained residents placed in mechanical restraints.

A. Written procedure shall provide that when if a resident is placed in mechanical restraints, staff shall:

1. Provide for the resident's reasonable comfort and ensure the resident's access to water, meals, and toilet; and

2. Make a direct personal face-to-face check on the resident at least every 15 minutes and more often if the resident's behavior warrants, such checks shall include monitoring the resident's circulation in accordance with the procedure provided for in 6VAC35-101-1130 B. Staff shall attempt to engage verbally with the resident during each periodic check. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident. During each check, a health-trained staff member shall monitor the resident for signs of circulation and for injuries.

B. If a resident remains in a mechanical restraint for a period that exceeds one hour, the resident shall be permitted to exercise each limb for a minimum of 10 minutes every two hours to prevent blood clots.

C. When a resident is placed in mechanical restraints for more than two hours cumulatively in a 24-hour period, with the exception of use in routine transportation of residents, staff shall immediately shall consult with a health care provider and a qualified mental health professional or mental health clinician. This consultation shall be documented.

C. D. If the resident, after being placed in mechanical restraints, exhibits self-injurious behavior, staff shall (i) staff shall immediately take appropriate action to ensure the threat or harm is stabilized; (ii) consult with and document that they have consulted with a mental health clinician or qualified mental health professional immediately thereafter and (ii) document the consultation; and (iii) monitor the resident shall be monitored in accordance with established protocols, including constant supervision, if appropriate. Any such protocols shall be in compliance with the procedures required by 6VAC35-101-1150 (restraints for medical and mental health purposes).

6VAC35-101-1145. Written procedures regarding mechanical restraints and protective devices.

A detention center that uses mechanical restraints or protective devices shall develop and implement written procedures approved by the facility administrator that reflect the requirements established in this article.

6VAC35-101-1150. Restraints for medical and mental health purposes (Repealed). (Repealed.)

Written procedure shall govern the use of restraints for medical and mental health purposes. Written procedure shall identify the authorization needed; when, where, and how restraints may be used; for how long; and what type of restraint may be used.

Article 4

Mechanical Restraint Chairs

6VAC35-101-1153. Mechanical restraint chair; general provisions.

A detention center that utilizes a mechanical restraint chair shall observe the following requirements, regardless of whether the chair is used for purposes of controlled movement in accordance with 6VAC35-101-1154 or for other purposes in accordance with 6VAC35-101-1155:

1. The restraint chair shall never be applied as punishment or as a sanction.

2. All staff authorized to use the restraint chair shall receive training in such use in accordance with 6VAC35-101-190 and 6VAC35-101-200.

3. The facility administrator or the facility administrator's designee shall provide approval before a resident may be placed in the restraint chair.

4. Staff shall notify the health authority, designated in accordance with 6VAC35-101-930, immediately upon placing the resident in the restraint chair to assess the resident's medical and mental health condition, to ascertain whether the restraint is contraindicated based on the resident's physical condition or behavior or whether other accommodations are necessary, and to advise whether, on the basis of serious danger to self or others, the resident should be in a medical or mental health unit for emergency involuntary treatment. The requirements of this subdivision shall not apply when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a mental health clinician or qualified mental health professional in accordance with 6VAC35-101-1155 C.

5. If the resident, after being placed in the mechanical restraint chair, exhibits self-injurious behavior, staff shall (i) take appropriate action to ensure the threat or harm is stabilized; and (ii) consult a mental health clinician or qualified mental health professional immediately thereafter and obtain approval for continued use of the restraint chair.

6. The health authority, a mental health clinician, a qualified mental health professional, or other qualifying licensed medical professional may order termination of restraint chair use at any time upon determining that use of the chair poses a health risk.

7. Each use of the restraint chair shall constitute a serious incident, to which the provisions of 6VAC35-101-80 shall apply.

8. Each use of the restraint chair shall be documented in the resident's case file or in a central logbook. The documentation shall include:

a. Date and time of the incident;

b. Staff involved in the incident;

c. Justification for the restraint;

d. Less restrictive interventions that were attempted or an explanation of why the restraint chair is the least restrictive intervention available to ensure the resident's safe movement;

e. Duration of the restraint;

f. Signature of the person documenting the incident and date;

g. Indication that all applicable approvals required in this article have been obtained; and

h. Reviewer's signature and date.

9. Staff shall conduct a debriefing of the restraint after releasing the resident from the chair.

6VAC35-101-1154. Mechanical restraint chair use for controlled movement; conditions.

A. A detention center shall be authorized to use a mechanical restraint chair for purposes of controlled movement of a resident from one area of the facility to another, provided the following conditions are satisfied:

1. The resident's refusal to move from one area of the facility to another poses a direct and immediate threat to the resident or others or interferes with required facility operations; and

2. Use of the restraint chair is the least restrictive intervention available to ensure the resident's safe movement.

B. When the facility utilizes the restraint chair in accordance with this section, staff shall remove the resident from the chair immediately upon reaching the intended destination. If staff, upon reaching the intended destination, determine that continued restraint is necessary, staff shall consult with a mental health clinician for approval of the continued restraint.

6VAC35-101-1155. Mechanical restraint chair use for purposes other than controlled movement; conditions for use.

A. A detention center shall be authorized to use a mechanical restraint chair for purposes other than controlled movement provided the following conditions are satisfied:

1. The resident's behavior or actions present a direct and immediate threat to the resident or others;

2. Less restrictive alternatives were attempted but were unsuccessful in bringing the resident under control or abating the threat;

3. The resident remains in the restraint chair only for as long as necessary to abate the threat or help the resident gain self-control.

B. Once the direct threat is abated, if staff determines that continued restraint is necessary to maintain security due to the resident's ongoing credible threat to injure resident self or others, staff shall consult a mental health clinician or qualified mental health professional for approval of the continued restraint. The ongoing threat may include instances in which the resident verbally expresses the intent to continue the actions that required the restraint.

C. The detention center shall be excused from the requirements in subsections A and B of this section when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a qualified mental health professional or mental health clinician.

D. Whenever a resident is placed in a restraint chair for purposes other than controlled movement, staff shall observe the following monitoring requirements:

1. Employ constant, one-on-one supervision until the resident is released from the chair. Staff shall attempt to engage verbally with the resident during the one-on-one supervision. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident;

2. Ensure that a health-trained staff monitors the resident for signs of circulation and for injuries at least once every 15 minutes in accordance with written procedures; and

3. Ensure that the resident is reasonably comfortable and has access to water, meals, and toilet.

6VAC35-101-1156. Monitoring residents placed in a mechanical restraint chair.

A. If a resident remains in the restraint chair for a period that exceeds one hour, the resident shall be permitted to exercise each limb for a minimum of 10 minutes every two hours to prevent blood clots.

B. A detention center shall ensure that a video record of the following is captured and retained for a minimum of three years in accordance with 6VAC35-101-40:

1. The placement of a resident in a restraint chair when a resident is restrained for purposes of controlled movement;

2. The entire restraint, from the time the resident is placed in the restraint chair until the resident's release when a resident is restrained in the chair for purposes other than controlled movement. The detention center may satisfy this requirement by positioning the restraint chair within direct view of an existing security camera.

6VAC35-101-1157. Department monitoring visits; annual reporting; board review.

A. If a detention center uses a mechanical restraint chair to restrain a resident, regardless of the purpose or duration of the use, the detention center shall be subject to a monitoring visit conducted by the department pursuant to the authority provided in 6VAC35-20-60. The purpose of the monitoring visit shall be to assess the detention center's compliance with the provisions of this article.

B. Upon completion of the monitoring visit, the department shall provide the detention center with a written report of its findings in accordance with 6VAC35-20-90. A detention center cited for noncompliance with a regulatory requirement pursuant to this monitoring visit may request a variance or appeal the finding of noncompliance in accordance with 6VAC35-20-90.

C. The department shall document each monitoring visit conducted pursuant to subsection A of this section and provide a written report to the board annually that details, at a minimum, the following information regarding each separate incident in which the restraint chair is used:

1. The facility in which the chair is used;

2. The date and time of the use;

3. A brief description of the restraint, including the purpose for which the restraint was applied, the duration of the restraint, and the circumstances surrounding the resident's release from the restraint;

4. The extent to which the detention center complied with the regulatory requirements related to mechanical restraint chair use, as set forth in 6VAC35-101-1153 through 6VAC35-101-1158; and

5. The plans identified to address findings of noncompliance, if applicable.

D. The annual report shall be placed on the agenda for the next regularly scheduled board meeting for the board's consideration and review.

6VAC35-101-1158. Written procedures regarding mechanical restraint chairs.

A detention center that uses a mechanical restraint chair to restrain a resident shall develop and implement written procedures approved by the facility administrator that reflect the requirements established in this article.

6VAC35-101-1160. Approval of postdispositional detention programs.

A detention center that accepts placements in a postdispositional detention program, as defined herein in 6VAC35-101-10, must be approved by the board certified by the director to operate a postdispositional detention program. The certificate issued by the board director shall state that the detention center is approved to operate a postdispositional detention program and the maximum number of residents that may be included in the postdispositional detention program. The board will base its approval of the postdispositional detention program on the program's compliance with provisions of 6VAC35-101-1160 (approval of postdispositional detention programs) through 6VAC35-101-1270 (release from a postdispositional detention program).

6VAC35-101-1170. Agreement with court service unit.

The postdispositional detention program shall request enter into a written agreement with the court service unit of the committing court defining ordering placement into the program. The agreement shall define working relationships and responsibilities in the implementation and utilization of the postdispositional detention program.

6VAC35-101-1180. Placements in postdispositional detention programs.

A. A detention center that accepts placements in a postdispositional detention program shall have written procedure procedures ensuring reasonable utilization of the detention center for both predispositional detention and the postdispositional detention program. This procedure shall provide for a process to ensure that the postdispositional detention program does not cause the detention center to exceed its rated capacity.

B. When a court orders a resident detained in a postdispositional detention program, the detention center 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 residents 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 detention center. The plan shall address how the resident will be transported and may authorize detention center staff, court service unit staff, or any other responsible adult approved by the detention center to carry out the transport.

C. When a detention center accepts placements in a postdispositional detention program, the detention center shall:

1. Provide programs or services for the residents in the postdispositional detention program that are not routinely available to predispositionally detained residents. This requirement shall not prohibit residents in the postdispositional detention program from participating in predispositional services or any other available programs; and

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

D. Upon the receipt of (i) a referral of the probation officer of a potential resident who meets the prerequisite criteria for placement provided in § 16.1-284.1 of the Code of Virginia or (ii) an order of the court, the detention center shall conduct the statutorily required assessment as to whether a resident is an appropriate candidate for placement in a postdispositional detention program. The assessment shall assess determine the resident's need for services using a process that is outlined in writing, approved by the department, and agreed to by both the facility administrator and the director of the court service unit. Based on these identified needs, the assessment shall indicate the appropriateness of the postdispositional detention program for the resident's rehabilitation.

E. When programs or services are not available in the detention center, a resident in a postdispositional detention program may be considered for temporary release from the detention center to access such programs or services in the community.

1. Prior to Before any such temporary release, both the detention center and the court service unit shall agree in writing as to the suitability of the resident to be temporarily released for this purpose.

2. Residents who present a significant risk to themselves or others shall not be considered suitable candidates for participation in programs or services outside the detention center or for paid employment outside the detention center. Such residents may participate in programs or services within the detention center, as applicable, appropriate, and available.

6VAC35-101-1190. Program description.

The postdispositional detention program shall have a written statement of its:

1. Purpose and philosophy;

2. Treatment objectives;

3. Criteria and requirements for accepting residents;

4. Criteria for measuring a resident's progress;

5. General rules of conduct and the behavior management program, with specific expectations for behavior and appropriate sanctions;

6. Criteria and procedures for terminating services, including terminations prior to before the resident's successful completion of the program;

7. Methods and criteria for evaluating program effectiveness; and

8. Provisions for appropriate custody, supervision, and security when programs or services are delivered outside the detention center.

6VAC35-101-1200. Individual service plans in postdispositional detention programs.

A. A written plan of action, the The individual service plan, shall be developed and placed in the resident's record within 30 days following admission and implemented immediately thereafter. The individual service plan shall:

1. Be revised as necessary and reviewed at intervals; and

2. Specify (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.

B. Individual service plans shall describe in measurable terms the:

1. Strengths and needs of the resident;

2. Resident's current level of functioning;

3. Goals, objectives, and strategies established for the resident;

4. Projected family involvement; and

5. Projected date for accomplishing each objective.

C. Each individual service plan shall include the date it was developed and the signature of the person who developed it.

D. The resident and facility staff shall participate in the development of the individual service plan.

E. The (i) supervising agency and (ii) resident's parents, legal guardian, or legally authorized representative, if appropriate and applicable, shall be given the opportunity to participate in the development of the resident's individual service plan.

F. The initial individual service plan shall be distributed to the resident, the resident's parents or legal guardian as appropriate and applicable, and the applicable court service unit.

G. Staff responsible for daily implementation of the resident's individual service plan shall be able to describe the resident's behavior in terms of the objectives in the plan.

6VAC35-101-1210. Progress reports in postdispositional detention programs.

A. There shall be a documented review of each resident's progress in accordance with § 16.1-284.1 of the Code of Virginia. The review shall report the resident's:

1. Resident's progress Progress toward meeting the plan's objectives;

2. Family's involvement; and

3. Continuing needs of the resident.

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

6VAC35-101-1220. Case management services in postdispositional detention programs.

A. The facility shall implement and follow written procedures governing case management services that shall address:

1. Helping the resident and the parents or legal guardian to understand the effects on the resident of separation from the family and the effect of group living;

2. Assisting the resident and the family to maintain in maintaining their relationships and prepare preparing for the resident's future care;

3. Utilizing appropriate community resources to provide services and maintain contacts with such resources;

4. Helping the resident strengthen his capacity to function productively in interpersonal relationships;

5. Conferring with the child care staff to help them understand the resident's needs in order to promote adjustment to group living; and

6. Working with the resident, the family, or any placing agency that may be involved in planning for the resident's future and in preparing the resident for the return home or to another family, for independent living, or for other residential care.

B. The provision of case management services shall be documented in the case record.

6VAC35-101-1230. Residents' health care records in postdispositional detention programs.

A. In addition to the requirements of 6VAC35-101-1030 (residents' health care records), each resident's health care record shall include or document all efforts to obtain treatment summaries of ongoing psychiatric or other mental health treatment and reports, if applicable.

B. In addition to the information required by 6VAC35-101-950 (health care procedures), the following information shall be readily accessible to staff who may have need to respond to a medical or dental emergency:

1. Medical insurance company name and policy number or Medicaid number; and

2. Written permission for emergency medical care, dental care, and obtaining immunizations or a procedure and contacts for obtaining consent.

6VAC35-101-1240. Services by licensed professionals in postdispositional detention programs.

When a postdispositional detention program refers a resident to a licensed professional in private practice, the program shall check with the appropriate licensing authority's Internet web page or by other appropriate means to verify that the individual is appropriately licensed.

6VAC35-101-1250. Delivery of medication in postdispositional detention programs.

A detention center that accepts postdispositional placements exceeding 30 consecutive days pursuant to § 16.1-284 § 16.1-284.1 of the Code of Virginia shall have implement and follow written procedures, approved by its health authority, that either permits permit or prohibits prohibit self-medication by postdispositional residents. The procedures may distinguish between residents who receive postdispositional services entirely within the confines of the detention center and those who receive any postdispositional services outside the detention center. The procedures shall conform to the specific requirements of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

6VAC35-101-1270. Release from a postdispositional detention program.

In addition to the requirements in 6VAC35-101-840 (discharge), information concerning the resident's need for continuing therapeutic interventions, educational status, and other items important to the resident's continuing care shall be provided to the legal guardian or legally authorized representative, as appropriate, at the time of the resident's discharge release from the facility.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-101)

Guidelines for Transporting Juveniles in Detention, revised September 8, 2004, Virginia Department of Juvenile Justice

Compliance Manual - Juvenile Secure Detention Centers, effective January 1, 2014, Virginia Department of Juvenile Justice