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DOJ Settlement Agreement

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.

The Department of Behavioral Health & Developmental Services next DBHDS/DOJ Settlement Agreement Stakeholder Group is is scheduled for Tuesday, November 18, 2014, from 1 p.m. – 4 p.m. at Henrico CSB East Clinic at 4825 S. Laburnum Ave in Richmond, Virginia.

Major Highlights Include:

  • Expanding Community-Based Services: Adds 4,170 new Intellectual Disability (ID) waiver slots over 10 years to transition individuals currently living in training centers to community services and to provide for continued growth of slots for individuals in the community who are on the waiting list for waiver slots.
  • Supporting Quality Community-Based Services: Strengthens quality and risk management systems for community services and expands the role of licensing specialists and the responsibilities of case management services.
  • Transitioning from Training Centers: Helps guide and support individuals moving from training centers to new homes by creating teams to facilitate communication and planning with individuals and families, and to resolve any problems delaying discharge.

Implementation Reports to the General Assembly


Presentations to the General Assembly


Updates to CSB Staff and Private Providers


Regional Support Teams (RST)


Information on RSTs for CSB Support Coordinators


Information on RSTs for Training Centers


Information on RSTs for DD Case Managers


Housing Plan

Rental Choice VA

DBHDS has engaged the Fairfax-Falls Church and the Virginia Beach Community Services Boards in a 36 month pilot program called Rental Choice VA.  This pilot program provides individuals who currently live in ID Waiver group homes or ICFs, and individuals with developmental disabilities in nursing facilities or ICFs, an opportunity to move to safe, decent rental housing they can lease on their own or with a friend.  Rental Choice VA makes housing affordable by offering:

  • "Rent up" assistance to help pay the costs to get an apartment, such as application fees, security deposits, moving expenses, and utility deposits/connection fees.
  • Rental assistance that pays the different between 30% of the individuals monthly adjusted household income and the gross contract rent for an approved unit.

Support Coordinators help individuals apply for Rental Choice VA and guide individuals through the search process to find housing that meets Rental Choice VA standards.  They also link individuals to community services that support individuals in these new homes.  Individuals will develop person-centered plans that include a housing needs profile and a household budget, and outline the services and resources needed for the initial transition to new housing and to maintain this housing.  Support Coordinators will connect individuals to providers who deliver a variety of services, including in-home support, personal assistance, companion care, therapeutic consultation, assistive technology, and environmental modifications.

For more information about Rental Choice VA eligibility, available assistance, and participation requirements, please contact:

Rental Choice VA Training

 

My New Home in the Community: A Resources for Individuals and Family Members

 

Moving from a Training Center to the Community: Workflow Process and Activities


Community Residential Options


Resource List for Families and Guardians


Full Settlement Agreement


Governor McDonnell's Announcement on the Settlement Agreement


Fact Sheet - Virginia's Settlement Agreement with the U.S. Department of Justice (DOJ) and Proposed Plan to Implement the Terms of the Agreement

 

Presentation: Training Center Closures and Implementation of DOJ Settlement Agreement (September 11, 2013)

 

Order from Judge Gibney in United States v. Commonwealth of Virginia


Backgrounder: A Brief History and Background on Virginia's Developmental Disability System


Frequently Asked Questions Related to Training Center Closures