Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the “Human Rights Regulations,” is announcing a decision on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Purpose of notice: After considering all available information, at its meeting on September 25, 2025, the SHRC voted to approve the application for variances to the Human Rights Regulations for DBHDS’ Central State Hospital for a three-year period, with quarterly updates to the Local Human Rights Committee and annual updates to the SHRC.

Each variance application referenced the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also described time limits and other conditions for duration and the circumstances that will end the applicability of the variance.

I.  Variance is requested to the following sections:

12 VAC 35-115-150: General Provisions

12 VAC 35-115-175: Human Rights Complaint Process

12 VAC 35-115-180: Local Human Rights Committee Hearing and Review Procedures

12 VAC 35-115-190: Special Procedures for Emergency Hearings by the LHRC

12 VAC 35-115-200: Special Procedures for LHRC Reviews Involving Consent and Authorization

12 VAC 35-115-210: State Human Rights Committee Appeals Procedure

Explanation: CSH requests variances to the above to allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director’s response, so that the individual may file a final appeal directly to the CSH Maximum Security Appeals Committee.

II. Variance is requested to the following section:

12 VAC 35-115-100, Restrictions on Freedoms of Everyday Life, A 1 c, "freedom to have and spend personal money.”

Explanation: The CSH variance to this regulation allows non-forensic patients to purchase items in a canteen and from external providers; however, individuals may not have money on their person within the secure perimeter.

III. Variance is requested to the following sections:

12 VAC 35-115-20 A 2, Policy, "Each individual who receives services shall be assured respect for basic human dignity."

12 VAC 35-115-50 C 3 a, Dignity, “each individual has the right to … reasonable privacy….”

Explanation: The CSH variance to these regulations allows for routine pat downs of fully clothed non-forensic individuals in secure programs: (i) before and after group movement within a secure perimeter; (ii) anytime an individual leaves the secure perimeter; (iii) or any time an individual has physical access to a visitor who is not an employee of CSH. This will allow proactive routine searches of individuals’ bedrooms to identify contraband or breaches of safety and security.

IV. Variance is requested to the following sections:

12 VAC 35-115-50, Dignity:

C 6, “each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."

C 6 a, “An individual’s access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous. If so, the director or his designee may open the mail, but not read it, in the presence of the individual.”

C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

C 7 a, "An individual’s access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."

Explanation: The CSH variance to these regulations allows for staff to open but not read mail and packages in the presence of the individual in the maximum-security program. CSH also seeks to restrict individuals in the maximum-security forensic program from communicating with each other by mail or telephone.

Thông tin liên hệ: Taneika Goldman, Giám đốc Văn phòng Nhân quyền, Sở Sức khỏe Hành vi và Dịch vụ Phát triển, 1220 East Bank Street, PO Hộp thư 1797, Richmond, VA 23218-1797, điện thoại (804) 786-3988, FAX (833) 734-1241, hoặc email: taneika.goldman@dbhds.virginia.gov.