Virginia Department Of Justice Settlement Agreement

To support this cargo, The Arc of Loudoun is pleased to announce that it has received 50,000 $US from the Claude Moore Charitable Foundation to launch the program. We also received a $2,000 pathways grant to justice™ from his national organization The Arc of the U.S. Created by The Arc`s National Center on Criminal Justice and Disability® (NCCJD) in 2013, Pathways to Justice is one of the first in your training initiative. It strives to create strong and lasting partnerships between criminal law experts and the disability professions to address the gaps in services faced by people with disabilities and their families in the criminal justice field. We created the district`s first Disability Response Team (DRT) to coordinate multidisciplinary training and be interlocutors when such cases enter the system. DrT members include representatives from the Loudoun County Sheriff`s Office, the Juvenile Detention Center, the Department of Juvenile Probation, the Public Defender`s Office, family lawyers, self-advocates and stability advocates. The Bazelon Center and the Co-Counsel of the law firm Williams Mullen represent a 72-member coalition of community-based association of interest associations and case management and care providers across Virginia. On April 6, 2012, the Bazelon Center filed a statement in court on behalf of the coalition, in response to an order from Judge John A. Gibney, Jr. inviting a public statement on the transaction treaty. The statement highlighted the ability of those with the most complex needs to receive the necessary medical and behavioural care and care in the Community.

The increased potential for individual growth and independence, the guarantees provided for by the agreement and the potential impact of the agreement on family cohesion and unity were also highlighted. The April hearing focused on how to ensure That Virginia complied with the agreement one year before the 10-year term was expected to expire to ensure full compliance with the terms of the transaction. Hundreds of coalition members also mobilized to show their support for the agreement by attending a fairness hearing in Richmond on June 8, 2012. Justice Gibney allowed a group of family members to intervene in the prosecution on behalf of thirteen people who lived in the training centres. During the hearing, the parties objected to the judicial approval of the transaction agreement. They say their family members could lose the ability to stay in a training facility if the transaction contract is approved. At the end of the hearing, Justice Gibney announced that he would approve the transaction treaty with some amendments. The agreement reached at the U.S. District Court for the Eastern District of Virginia, Richmond Division, is attached. On the same day, doJ and Virginia jointly applied for judicial approval of a proposed transaction contract. As part of the transaction agreement, individuals would receive services in the Community through Medicaid Home and Waivers Community Services. The agreement requires Virginia to create 4,170 exceptions over nine years.

These exceptions would allow residents of training centres to visit the community and allow people with ID/DD to be institutionalized to remain in the community. The agreement also requires the appointment of an independent expert to assist the tribunal in complying with the transaction agreement, improving rapid response services, implementing a personnel-centered case management process and other safeguards.