DOJ Settlement Agreement

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DOJ Settlement

In August 2008, DOJ initiated an investigation of Central Virginia Training Center (CVTC) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In April 2010, DOJ notified the Commonwealth that it was expanding its investigation to focus on Virginia’s compliance with the Americans with Disabilities Act (ADA) and the U.S. Supreme Court Olmstead ruling. The Olmstead decision requires that individuals be served in the most integrated settings appropriate to meet their needs consistent with their choice. In February 2011, DOJ submitted a findings letter to Virginia, concluding that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting appropriate to their needs. 

In March 2011, upon advice and counsel from the Office of the Attorney General, Virginia entered into negotiations with DOJ in an effort to reach a settlement without subjecting the Commonwealth to an extremely costly and lengthy court battle with the federal government. On January 26, 2012, Virginia and DOJ reached a settlement agreement. The agreement resolves DOJ’s investigation of Virginia’s training centers and community programs and the Commonwealth’s compliance with the ADA and Olmstead with respect to individuals with intellectual and developmental disabilities.


To: Members, DBHDS Settlement Agreement Stakeholder Group

The next DBHDS Settlement Agreement Stakeholder meeting will be on Wednesday, June 28, 2017 from 1:00-3:30 p.m. at Tuckahoe Area Library located at 1901 Starling Drive, Henrico, VA 23229

Agenda and power points will be posted prior to the meeting. A limited number of copies of presentations and other handouts will be provided for members from the public who wish to attend; but copies may be printed ahead of time as well. When posted, the information can be found at here.

Any questions may be directed Jae Benz, at jae.benz@dbhds.virginia.gov










This page provides links to documents and reports that identify the availability and quality of community services and supports for individuals with intellectual and developmental disabilities (I/DD) including gaps in services and recommendations for improvement.  The reports are produced for many purposes and are directed to a variety of different audiences but they all provide useful information to system stakeholders. 

Some of these reports are produced or updated on an ongoing basis at various intervals.  

ID Waiver 2014 Service Data

DD waiver 2014 Service Data

Day Support Waiver 2014 Service Data

The DD Waiver Waitlistis updated monthly and is located on the DBHDS Waiver Services page.

The DBHDS Semiannual Report on Employment Semi Annual Report (December 2016 Data) 4/1/2017gives a point in time update on the Commonwealth’s progress towards implementing Employment First Outcomes. It covers the period ending 12-30-2016. The document examines the data related to the Commonwealth’s progress on implementing each goal in the Strategic Plan for Employment First and summarizes the data associated with tracking the number of employment first conversations held between individuals and their case managers, types of works settings, hours per week individuals are working, and the wage individuals are receiving.

Virginia's Plan to Increase Independent Living Options - Action Plan Update (January 2017) provides the plan and an update on the progress of the Commonwealth to increase Independent housing options for individuals with I/DD.

The IFSP Annual Report FY 2016 provides an update on the distribution of funds provided to assist individuals with intellectual disability (ID) or developmental disabilities (DD) and their family members access supports, services and other assistance. This includes information about the number of funding cycles, the applications received and funded, and the breakdown of how funding was used during the fiscal year.

The ICF/IID licensed capacity reportlists all currently licensed ICF/IID homes and the number of individuals each site is approved to serve.

The DD Group Homes with Four or Fewer Beds report provides a list of providers that are licensed as group homes for up to four individuals. This listing is updated on a monthly basis.

The DD Group Homes with Five or More Beds reportproviders a list of providers that are licensed as group homes for five or more individuals. This listing is updated on a monthly basis.

The Quarterly Update of the Training Center Closure Planprovides an update on the plan for closing four of the five Training Centers, including the number of individuals who are planned to move from each facility each year. Updates to the TC closure plan are posted on the General Assembly LIS websites

The DBHDS Fiscal Year 2016 Annual report (313.J)provides information about the number of individuals receiving state facility or CSB services; the types and amounts of services received by individuals; the CSB and state facility service capacities, staffing, revenues and expenditures; implementation of new initiatives; and the outcomes of any required performance.

National Core Indicators(NCI) Report

The Partnership for People with Disabilities contracted with the Commonwealth to complete annual surveys to measure and track performance using standard measures along key indicators called National Core Indicators (NCI) to evaluate the specific services provided to individuals with intellectual and developmental disabilities and their families. The key areas include:  employment, rights, service planning, community inclusion, choice, and health and safety. Information is collected through face-to-face interviews with individuals receiving services as well as through a written survey with family members and providers.

The most recent National Core Indicators Summary Reports for Virginia are the 1) 2016 Adult Family Survey Report (Family Members Over the Age of 18 Who Use Services) and 2) Comparison of Virginia Data (FY 2014, 2015, and 2016) with National Data (FY 2015). These reports were developed by The Partnership for People with Disabilities (The Partnership) to explain the information that was collected through the above mentioned process. This is one method Virginia uses to report on quality, progress, and system change.


Assessment Reports: Identifying Service Capacity/Service Needs

The DBHDS Fiscal Year 2016 Annual report (313.J)has been posted on the Division of Legislative Automated Services web site on its Legislative Information System Reports to the General Assembly page. The report contains the official statewide data about individuals who received services, the types and amounts of services they received, the capacities (beds, slots, FTEs) of those services, staffing, funds received from all sources, and expenditures for CSBs and state facilities and funds, expenditures, and total staffing for the Central Office. The report also contains an extensive listing of accomplishments plus data about licensing activities, human rights complaints, CSB board membership, and performance measures.

The Virginia Board for People with Disabilities Annual Report

The Virginians with Disabilities Act § 51.5-33 mandates the Virginia Board for People with Disabilities (VBPD), beginning July 1, 2017, to publish an annual report that includes an in-depth assessment of at least two major service areas for people with disabilities in the Commonwealth. The Virginia Board for People with Disabilities concluded the 2017 assessment would be on the education and employment of individuals with disabilities

The 2017 Education Assessment and the 2017 Employment Assessment provide a point-in-time assessment of how state-funded disability services for individuals within the Commonwealth with a developmental disability (DD) are provided and accessed as well as identifies acute issues, data trends, and unmet needs. These most recent assessments provides suggestions for improving the delivery of education and employment services and supports for people with developmental disabilities in the Commonwealth.

State Rehabilitation Council Annual Report

Annually, the State Rehabilitation Council submits an Annual Report to the Commissioner of the federal Rehabilitation Services Administration and to the Governor of Virginia on the status of vocational rehabilitation programs operated within the state. The 2016 Community Partnerships VA state Rehabilitation council (SRC) annual reportincludes a discussion of SRC council activities and recommendations, DARS client success stories, awards and recognitions, results of a consumer satisfaction survey, helpful links and contact information.


 Assessment Reports: Quality

Developmental Disability Licensed Providers with Conditional Licenses– This report lists providers and services that have been licensed for the first time. A conditional license is issued to a new provider for services that demonstrates compliance with administrative and policy regulations but has not demonstrated compliance with all the regulations. This listing is updated monthly.

Developmental Disability Licensed Providers with Provisional Licenses – This report lists providers and services that have a provisional license. A provisional license may be issued to a provider for a service that has demonstrated an inability to maintain compliance with regulations, has violations of human rights or licensing regulations that pose a threat to the health or safety of individuals being served, has multiple violations of human rights or licensing regulations, or has failed to comply with a previous corrective action plan. This listing is updated monthly.

PROVIDER INSPECTION/INVESTIGATION REPORTS SEARCH – This search engine provides information providers in Virginia who are licensed by DBHDS and will pull up any inspection or investigation report completed after January 1, 2012.


The Comprehensive State Plan 2016 - 2022 is a six year plan, updated biennially. It identifies the services and support needs of persons with mental health, substance use disorders, or I/DD who live in Virginia; describes resource obligations for behavioral and developmental services; and recommends strategies to address these needs. The plan is used as part of the planning for the Department’s biennium budget proposal to the Governor

Virginia's Plan to Increase Independent Living Options - Action Plan Update (January 2017) provides the plan and an update on the progress of the Commonwealth to increase Independent housing options for individuals with I/DD.

The DBHDS Semiannual Report on Employment Semi Annual Report (December 2016 Data) 4/1/2017gives a point in time update on the Commonwealth’s progress towards implementing Employment First Outcomes. It covers the period ending 12-30-2016. The document examines the data related to the Commonwealth’s progress on implementing each goal in the Strategic Plan for Employment First and summarizes the data associated with tracking the number of employment first conversations held between individuals and their case managers, types of works settings, hours per week individuals are working, and the wage individuals are receiving

TheComprehensive, Cross-Governmental Strategic Plan and its annual update is written to document Virginia’s vision for supporting individuals with disabilities to participate fully in their communities. The most urgent needs are enumerated with recommendations on how to overcome barriers and ameliorate the concerns