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