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Commonwealth of Virginia and U.S. Department of Justice Settlement Agreement

January 26th, 2012

TO:                  Stakeholders in the Virginia System of Services for Individuals with Developmental and Intellectual                Disabilities

FROM:            James W. Stewart, III, DBHDS Commissioner

DATE:            January 26, 2012

RE:                  Commonwealth of Virginia and U.S. Department of Justice Settlement Agreement

Today, Governor McDonnell announced that the Commonwealth of Virginia has reached a settlement agreement with the U.S. Department of Justice (DOJ). DOJ began an investigation in 2008 that was expanded to cover Virginia’s entire system of services for citizens with intellectual and developmental disabilities, including all five training centers and community services. In its February 2011 findings letter, DOJ concluded that Virginia is not providing services in the most integrated and appropriate setting, is not developing a sufficient quantity of community services, and has a flawed discharge process at training centers. Since the findings letter, Virginia has been negotiating with DOJ to achieve a settlement agreement that ensures quality services for our citizens with developmental disabilities and avoids an extremely costly and lengthy court battle that would utilize monies needed to serve our citizens through direct support and services.

The settlement agreement includes the creation of 4,170 new Medicaid Waiver slots for individuals transitioning from training centers to the community and for the planned growth in the number of Waiver slots for those on the waiting list. The agreement also expands accountability and oversight in the community. Also, the agreement calls for the creation of an individual and family support program for 1,000 families each year to ensure that families who are assisting family members with intellectual disability/developmental disabilities (ID/DD) or individuals who live independently have access to some supports to continue to live at home; full implementation will occur in FY2014.

In addition, and in accordance with Virginia’s long-standing policy to transition to a community-based system of care, it is very important for you to know Virginia will provide a plan to cease residential operations at four of Virginia’s training centers by 2020. As such, a timeline has been developed for the closure of four of Virginia’s five training centers. These facilities will not be closed immediately as it takes time to ensure that individuals are moved safely into community homes that they choose and that are appropriate for their needs. The schedule for training center closure is as follows:

Southeastern Virginia Training Center (SEVTC) in Chesapeake, VA will remain open with a maximum census of 75 beds.

DBHDS will be working very closely with the individuals in training centers and their families and authorized representatives to ensure a safe, successful transition to the community in accordance with their choice.  In addition, our human resources office will be helping training center staff throughout this time of transition.

You will find more information about the settlement agreement and transition plans on our DBHDS Web site at www.dbhds.virginia.gov/settlement.htm.  This site will be updated periodically as new information becomes available so that you can stay informed on Virginia’s progress.

A great deal of effort will be required by many individuals and organizations across the Commonwealth as we ensure compliance with the terms of the settlement agreement.  We firmly believe that the result of the actions we have taken already and will be taking as a result of the settlement agreement will enable more individuals with intellectual and developmental disabilities to have the opportunity to thrive, living a life that is more integrated into the local community.  In addition, the system of services that will be in place will be one that utilizes public funds more effectively and efficiently. We look forward to working together with you for a brighter future for Virginians with disabilities and their families.

James W. Stewart, III

Commissioner

Department of Behavioral Health & Developmental Services

Richmond, Virginia