{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-837.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-837.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-837.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-837.html"}],"law_id":80976,"edition_id":1,"section_id":80976,"structure_id":14803,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","history":"Code 1950, \u00a7 37-94; 1950, p. 912; 1968, c. 477, \u00a7 37.1-98; 1972, c. 639; 1976, c. 671; 1977, c. 189; 1980, c. 582; 1985, c. 87; 1986, cc. 256, 309; 1993, cc. 957, 993; 1998, c. 680; 2002, cc. 62, 557, 747; 2005, c. 716; 2008, c. 263; 2012, cc. 476, 507; 2016, c. 688; 2024, cc. 153, 279.","full_text":"A\n\nExcept for an individual receiving services in a state hospital who is held upon an order of a court for a criminal proceeding, the director of a state hospital or training center may discharge, after the preparation of a discharge plan:1\n\nAny individual in a state hospital who, in his judgment, (i) is recovered, (ii) does not have a mental illness, or (iii) is impaired or not recovered but whose discharge will not be detrimental to the public welfare or injurious to the individual;2\n\nAny individual in a state hospital who is not a proper case for treatment within the purview of this chapter; or3\n\nAny individual in a training center who chooses to be discharged or, if the individual lacks the mental capacity to choose, whose legally authorized representative chooses for him to be discharged. Pursuant to regulations of the Centers for Medicare &amp; Medicaid Services and the Department of Medical Assistance Services, no individual at a training center who is enrolled in Medicaid shall be discharged if the individual or his legally authorized representative on his behalf chooses to continue receiving services in a training center.\n\t\t\t\tCentral State Hospital, Southern Virginia Mental Health Institute, and Southwestern Virginia Mental Health Institute shall, in consultation with the appropriate community services board or behavioral health authority, provide discharge planning for any individual to be discharged from the state hospital in 30 days or less after admission. For all individuals discharged from any other state facility in 30 days or less after admission, or from a state hospital more than 30 days after admission, or from a state training center, the discharge plan shall be formulated in accordance with the provisions of &#xA7; 37.2-505 by the community services board or behavioral health authority that serves the city or county where the individual resided prior to admission or by the board or authority that serves the city or county where the individual or his legally authorized representative on his behalf chooses to reside immediately following the discharge. The discharge plan shall be contained in a uniform discharge document developed by the Department and used by all state hospitals, training centers, and community services boards or behavioral health authorities and shall identify (i) the services, including mental health, developmental, substance abuse, social, educational, medical, employment, housing, legal, advocacy, transportation, and other services that the individual will require upon discharge into the community, and (ii) the public or private agencies that have agreed to provide these services. If the individual will be housed in an assisted living facility, as defined in &#xA7; 63.2-100, the discharge plan shall identify the facility, document its appropriateness for housing and capacity to care for the individual, contain evidence of the facility&#8217;s agreement to admit and care for the individual, and describe how the community services board or behavioral health authority will monitor the individual&#8217;s care in the facility. Prior to discharging an individual pursuant to subdivision A 1 or 2 who has not executed an advance directive, the director of a state hospital or his designee shall give to the individual a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (&#xA7; 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in &#xA7; 54.1-2984.B\n\nThe director may grant a trial or home visit to an individual receiving services in accordance with regulations adopted by the Board. The state facility granting a trial or home visit to an individual shall not be liable for his expenses during the period of that visit. Such liability shall devolve upon the relative, conservator, person to whose care the individual is entrusted while on the trial or home visit, or the appropriate local department of social services of the county or city in which the individual resided at the time of admission pursuant to regulations adopted by the State Board of Social Services.C\n\nAny individual who is discharged pursuant to subdivision A 2 shall, if necessary for his welfare, be received and cared for by the appropriate local department of social services. The provision of public assistance or social services to the individual shall be the responsibility of the appropriate local department of social services as determined by regulations adopted by the State Board of Social Services. Expenses incurred for the provision of public assistance to the individual who is receiving 24-hour care while in an assisted living facility licensed pursuant to Chapters 17 (&#xA7; 63.2-1700 et seq.) and 18 (&#xA7; 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of the appropriate local department of social services of the county or city in which the individual resided at the time of admission.","order_by":null,"text":{"0":{"id":290238,"text":"Except for an individual receiving services in a state hospital who is held upon an order of a court for a criminal proceeding, the director of a state hospital or training center may discharge, after the preparation of a discharge plan:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290239,"text":"Any individual in a state hospital who, in his judgment, (i) is recovered, (ii) does not have a mental illness, or (iii) is impaired or not recovered but whose discharge will not be detrimental to the public welfare or injurious to the individual;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290240,"text":"Any individual in a state hospital who is not a proper case for treatment within the purview of this chapter; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":290241,"text":"Any individual in a training center who chooses to be discharged or, if the individual lacks the mental capacity to choose, whose legally authorized representative chooses for him to be discharged. Pursuant to regulations of the Centers for Medicare &amp; Medicaid Services and the Department of Medical Assistance Services, no individual at a training center who is enrolled in Medicaid shall be discharged if the individual or his legally authorized representative on his behalf chooses to continue receiving services in a training center.\n\t\t\t\tCentral State Hospital, Southern Virginia Mental Health Institute, and Southwestern Virginia Mental Health Institute shall, in consultation with the appropriate community services board or behavioral health authority, provide discharge planning for any individual to be discharged from the state hospital in 30 days or less after admission. For all individuals discharged from any other state facility in 30 days or less after admission, or from a state hospital more than 30 days after admission, or from a state training center, the discharge plan shall be formulated in accordance with the provisions of &#xA7; 37.2-505 by the community services board or behavioral health authority that serves the city or county where the individual resided prior to admission or by the board or authority that serves the city or county where the individual or his legally authorized representative on his behalf chooses to reside immediately following the discharge. The discharge plan shall be contained in a uniform discharge document developed by the Department and used by all state hospitals, training centers, and community services boards or behavioral health authorities and shall identify (i) the services, including mental health, developmental, substance abuse, social, educational, medical, employment, housing, legal, advocacy, transportation, and other services that the individual will require upon discharge into the community, and (ii) the public or private agencies that have agreed to provide these services. If the individual will be housed in an assisted living facility, as defined in &#xA7; 63.2-100, the discharge plan shall identify the facility, document its appropriateness for housing and capacity to care for the individual, contain evidence of the facility&#8217;s agreement to admit and care for the individual, and describe how the community services board or behavioral health authority will monitor the individual&#8217;s care in the facility. Prior to discharging an individual pursuant to subdivision A 1 or 2 who has not executed an advance directive, the director of a state hospital or his designee shall give to the individual a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (&#xA7; 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in &#xA7; 54.1-2984.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":290242,"text":"The director may grant a trial or home visit to an individual receiving services in accordance with regulations adopted by the Board. The state facility granting a trial or home visit to an individual shall not be liable for his expenses during the period of that visit. Such liability shall devolve upon the relative, conservator, person to whose care the individual is entrusted while on the trial or home visit, or the appropriate local department of social services of the county or city in which the individual resided at the time of admission pursuant to regulations adopted by the State Board of Social Services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":290243,"text":"Any individual who is discharged pursuant to subdivision A 2 shall, if necessary for his welfare, be received and cared for by the appropriate local department of social services. The provision of public assistance or social services to the individual shall be the responsibility of the appropriate local department of social services as determined by regulations adopted by the State Board of Social Services. Expenses incurred for the provision of public assistance to the individual who is receiving 24-hour care while in an assisted living facility licensed pursuant to Chapters 17 (&#xA7; 63.2-1700 et seq.) and 18 (&#xA7; 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of the appropriate local department of social services of the county or city in which the individual resided at the time of admission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14803,"edition_id":1,"name":"Discharge and Transfers","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:50:02","date_modified":"2026-06-26 03:50:02","permalink":{"id":210455,"object_type":"structure","relational_id":14803,"identifier":"7","token":"37.2\/III\/8\/7","url":"\/37.2\/III\/8\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80976,"structure_id":14803,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","url":"\/37.2-837\/","token":"37.2\/III\/8\/7\/37.2-837","metadata":false},{"id":56627,"structure_id":14803,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","url":"\/37.2-838\/","token":"37.2\/III\/8\/7\/37.2-838","metadata":false},{"id":71730,"structure_id":14803,"section_number":"37.2-839","catch_line":"Exchange of information between community services boards or behavioral health authorities and state facilities","url":"\/37.2-839\/","token":"37.2\/III\/8\/7\/37.2-839","metadata":false},{"id":67119,"structure_id":14803,"section_number":"37.2-840","catch_line":"Transfer of individuals receiving services","url":"\/37.2-840\/","token":"37.2\/III\/8\/7\/37.2-840","metadata":false},{"id":79882,"structure_id":14803,"section_number":"37.2-841","catch_line":"Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other facility or installation","url":"\/37.2-841\/","token":"37.2\/III\/8\/7\/37.2-841","metadata":false},{"id":86643,"structure_id":14803,"section_number":"37.2-842","catch_line":"Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or installation subject to rules; power and authority of medical officer in charge","url":"\/37.2-842\/","token":"37.2\/III\/8\/7\/37.2-842","metadata":false},{"id":70731,"structure_id":14803,"section_number":"37.2-843","catch_line":"Providing drugs or medicines for certain individuals discharged from state facilities","url":"\/37.2-843\/","token":"37.2\/III\/8\/7\/37.2-843","metadata":false}],"next_section":{"id":56627,"structure_id":14803,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","url":"\/37.2-838\/","token":"37.2\/III\/8\/7\/37.2-838","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-837\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 477; in 1972, chapter 639; in 1976, chapter 671; in 1977, chapter 189; in 1980, chapter 582; in 1985, chapter 87; in 1986, chapters 256 and 309; in 1993, chapters 957 and 993; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0680\">680<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0062\">62<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0557\">557<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0747\">747<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0263\">263<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0476\">476<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0507\">507<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0688\">688<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0153\">153<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0279\">279<\/a>.<\/p>","references":[{"id":58889,"section_number":"37.2-304","catch_line":"Duties of Commissioner","order_by":null,"url":"\/37.2-304\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":56627,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","order_by":null,"url":"\/37.2-838\/"},{"id":71730,"section_number":"37.2-839","catch_line":"Exchange of information between community services boards or behavioral health authorities and state facilities","order_by":null,"url":"\/37.2-839\/"},{"id":86485,"section_number":"51.5-146","catch_line":"Adult services","order_by":null,"url":"\/51.5-146\/"},{"id":85202,"section_number":"63.2-1602","catch_line":"Other adult services","order_by":null,"url":"\/63.2-1602\/"}],"refers_to":[{"id":62018,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","order_by":null,"url":"\/37.2-505\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"},{"id":54185,"section_number":"63.2-1800","catch_line":"Licensure requirements","order_by":null,"url":"\/63.2-1800\/"}],"permalink":{"id":210457,"object_type":"law","relational_id":80976,"identifier":"37.2-837","token":"37.2\/III\/8\/7\/37.2-837","url":"\/37.2-837\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-837\/","token":"37.2\/III\/8\/7\/37.2-837","dublin_core":{"Title":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-837","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except for an <span class=\"dictionary\">individual receiving services<\/span> in a <span class=\"dictionary\">state hospital<\/span> who is held upon an <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span> for a criminal proceeding, the director of a <span class=\"dictionary\">state hospital<\/span> or <span class=\"dictionary\">training center<\/span> may discharge, after the preparation of a discharge plan: <a id=\"paragraph-290238\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Any individual in a <span class=\"dictionary\">state hospital<\/span> who, in his <span class=\"dictionary\">judgment<\/span>, (i) is recovered, (ii) does not have a <span class=\"dictionary\">mental illness<\/span>, or (iii) is impaired or not recovered but whose discharge will not be detrimental to the public welfare or injurious to the individual; <a id=\"paragraph-290239\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any individual in a <span class=\"dictionary\">state hospital<\/span> who is not a proper case for treatment within the purview of this chapter; or <a id=\"paragraph-290240\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any individual in a <span class=\"dictionary\">training center<\/span> who chooses to be discharged or, if the individual lacks the mental capacity to choose, whose legally authorized representative chooses for him to be discharged. Pursuant to regulations of the Centers for Medicare &amp; Medicaid Services and the <span class=\"dictionary\">Department<\/span> of Medical Assistance Services, no individual at a <span class=\"dictionary\">training center<\/span> who is enrolled in Medicaid shall be discharged if the individual or his legally authorized representative on his behalf chooses to continue receiving services in a <span class=\"dictionary\">training center<\/span>.\n\t\t\t\tCentral <span class=\"dictionary\">State Hospital<\/span>, Southern Virginia Mental Health Institute, and Southwestern Virginia Mental Health Institute shall, in consultation with the appropriate <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span>, provide discharge planning for any individual to be discharged from the <span class=\"dictionary\">state hospital<\/span> in 30 days or less after admission. For all <span class=\"dictionary\">individuals<\/span> discharged from any other state <span class=\"dictionary\">facility<\/span> in 30 days or less after admission, or from a <span class=\"dictionary\">state hospital<\/span> more than 30 days after admission, or from a state <span class=\"dictionary\">training center<\/span>, the discharge plan shall be formulated in accordance with the provisions of &#xA7; <a class=\"law\" title=\"Coordination of services for preadmission screening and discharge planning\" href=\"\/37.2-505\/\">37.2-505<\/a> by the <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span> that serves the city or county where the individual resided prior to admission or by the board or authority that serves the city or county where the individual or his legally authorized representative on his behalf chooses to reside immediately following the discharge. The discharge plan shall be contained in a uniform discharge document developed by the <span class=\"dictionary\">Department<\/span> and used by all <span class=\"dictionary\">state hospitals<\/span>, <span class=\"dictionary\">training centers<\/span>, and <span class=\"dictionary\">community services boards<\/span> or behavioral health authorities and shall identify (i) the services, including mental health, developmental, <span class=\"dictionary\">substance abuse<\/span>, social, educational, medical, employment, housing, legal, advocacy, transportation, and other services that the individual will require upon discharge into the community, and (ii) the public or private agencies that have agreed to provide these services. If the individual will be housed in an assisted living <span class=\"dictionary\">facility<\/span>, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/63.2-100\/\">63.2-100<\/a>, the discharge plan shall identify the <span class=\"dictionary\">facility<\/span>, document its appropriateness for housing and capacity to care for the individual, contain <span class=\"dictionary\">evidence<\/span> of the <span class=\"dictionary\">facility<\/span>&#8217;s agreement to admit and care for the individual, and describe how the <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span> will monitor the individual&#8217;s care in the <span class=\"dictionary\">facility<\/span>. Prior to discharging an individual pursuant to subdivision A 1 or 2 who has not executed an advance directive, the director of a <span class=\"dictionary\">state hospital<\/span> or his designee shall give to the individual a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/54.1-2981\/\">54.1-2981<\/a> et seq.) and an advance directive form, which may be the form set forth in &#xA7; <a class=\"law\" title=\"Suggested form of written advance directives\" href=\"\/54.1-2984\/\">54.1-2984<\/a>. <a id=\"paragraph-290241\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The director may grant a <span class=\"dictionary\">trial<\/span> or home visit to an <span class=\"dictionary\">individual receiving services<\/span> in accordance with regulations adopted by the Board. The state <span class=\"dictionary\">facility<\/span> granting a <span class=\"dictionary\">trial<\/span> or home visit to an individual shall not be liable for his expenses during the period of that visit. Such liability shall devolve upon the relative, conservator, person to whose care the individual is entrusted while on the <span class=\"dictionary\">trial<\/span> or home visit, or the appropriate local <span class=\"dictionary\">department<\/span> of social services of the county or city in which the individual resided at the time of admission pursuant to regulations adopted by the State Board of Social Services. <a id=\"paragraph-290242\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any individual who is discharged pursuant to subdivision A 2 shall, if necessary for his welfare, be received and cared for by the appropriate local <span class=\"dictionary\">department<\/span> of social services. The provision of public assistance or social services to the individual shall be the responsibility of the appropriate local <span class=\"dictionary\">department<\/span> of social services as determined by regulations adopted by the State Board of Social Services. Expenses incurred for the provision of public assistance to the individual who is receiving 24-hour care while in an assisted living <span class=\"dictionary\">facility<\/span> licensed pursuant to Chapters 17 (&#xA7; <a class=\"law\" title=\"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt\" href=\"\/63.2-1700\/\">63.2-1700<\/a> et seq.) and 18 (&#xA7; <a class=\"law\" title=\"Licensure requirements\" href=\"\/63.2-1800\/\">63.2-1800<\/a> et seq.) of Title 63.2 shall be the responsibility of the appropriate local <span class=\"dictionary\">department<\/span> of social services of the county or city in which the individual resided at the time of admission. <a id=\"paragraph-290243\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-837\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISCHARGE FROM STATE HOSPITALS OR TRAINING CENTERS, CONDITIONAL RELEASE, AND\nTRIAL OR HOME VISITS FOR INDIVIDUALS (\u00a7 37.2-837)\n\nA. Except for an individual receiving services in a state hospital who is held\nupon an order of a court for a criminal proceeding, the director of a state\nhospital or training center may discharge, after the preparation of a discharge\nplan:\n\n   1. Any individual in a state hospital who, in his judgment, (i) is recovered,\n   (ii) does not have a mental illness, or (iii) is impaired or not recovered but\n   whose discharge will not be detrimental to the public welfare or injurious to\n   the individual;\n\n   2. Any individual in a state hospital who is not a proper case for treatment\n   within the purview of this chapter; or\n\n   3. Any individual in a training center who chooses to be discharged or, if the\n   individual lacks the mental capacity to choose, whose legally authorized\n   representative chooses for him to be discharged. Pursuant to regulations of\n   the Centers for Medicare &amp; Medicaid Services and the Department of Medical\n   Assistance Services, no individual at a training center who is enrolled in\n   Medicaid shall be discharged if the individual or his legally authorized\n   representative on his behalf chooses to continue receiving services in a\n   training center.\n   \t\t\t\tCentral State Hospital, Southern Virginia Mental Health Institute, and\n   Southwestern Virginia Mental Health Institute shall, in consultation with the\n   appropriate community services board or behavioral health authority, provide\n   discharge planning for any individual to be discharged from the state hospital\n   in 30 days or less after admission. For all individuals discharged from any\n   other state facility in 30 days or less after admission, or from a state\n   hospital more than 30 days after admission, or from a state training center,\n   the discharge plan shall be formulated in accordance with the provisions of\n   &#xA7; 37.2-505 by the community services board or behavioral health authority\n   that serves the city or county where the individual resided prior to admission\n   or by the board or authority that serves the city or county where the\n   individual or his legally authorized representative on his behalf chooses to\n   reside immediately following the discharge. The discharge plan shall be\n   contained in a uniform discharge document developed by the Department and used\n   by all state hospitals, training centers, and community services boards or\n   behavioral health authorities and shall identify (i) the services, including\n   mental health, developmental, substance abuse, social, educational, medical,\n   employment, housing, legal, advocacy, transportation, and other services that\n   the individual will require upon discharge into the community, and (ii) the\n   public or private agencies that have agreed to provide these services. If the\n   individual will be housed in an assisted living facility, as defined in &#xA7;\n   63.2-100, the discharge plan shall identify the facility, document its\n   appropriateness for housing and capacity to care for the individual, contain\n   evidence of the facility&#8217;s agreement to admit and care for the\n   individual, and describe how the community services board or behavioral health\n   authority will monitor the individual&#8217;s care in the facility. Prior to\n   discharging an individual pursuant to subdivision A 1 or 2 who has not\n   executed an advance directive, the director of a state hospital or his\n   designee shall give to the individual a written explanation of the procedures\n   for executing an advance directive in accordance with the Health Care\n   Decisions Act (&#xA7; 54.1-2981 et seq.) and an advance directive form, which\n   may be the form set forth in &#xA7; 54.1-2984.\n\nB. The director may grant a trial or home visit to an individual receiving\nservices in accordance with regulations adopted by the Board. The state facility\ngranting a trial or home visit to an individual shall not be liable for his\nexpenses during the period of that visit. Such liability shall devolve upon the\nrelative, conservator, person to whose care the individual is entrusted while on\nthe trial or home visit, or the appropriate local department of social services\nof the county or city in which the individual resided at the time of admission\npursuant to regulations adopted by the State Board of Social Services.\n\nC. Any individual who is discharged pursuant to subdivision A 2 shall, if\nnecessary for his welfare, be received and cared for by the appropriate local\ndepartment of social services. The provision of public assistance or social\nservices to the individual shall be the responsibility of the appropriate local\ndepartment of social services as determined by regulations adopted by the State\nBoard of Social Services. Expenses incurred for the provision of public\nassistance to the individual who is receiving 24-hour care while in an assisted\nliving facility licensed pursuant to Chapters 17 (&#xA7; 63.2-1700 et seq.) and\n18 (&#xA7; 63.2-1800 et seq.) of Title 63.2 shall be the responsibility of the\nappropriate local department of social services of the county or city in which\nthe individual resided at the time of admission.\n\nHISTORY: Code 1950, \u00a7 37-94; 1950, p. 912; 1968, c. 477, \u00a7 37.1-98; 1972, c.\n639; 1976, c. 671; 1977, c. 189; 1980, c. 582; 1985, c. 87; 1986, cc. 256, 309;\n1993, cc. 957, 993; 1998, c. 680; 2002, cc. 62, 557, 747; 2005, c. 716; 2008, c.\n263; 2012, cc. 476, 507; 2016, c. 688; 2024, cc. 153, 279.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}