                                 CODE OF VIRGINIA

JUDICIAL CERTIFICATION OF ELIGIBILITY FOR ADMISSION OF PERSONS WITH INTELLECTUAL
DISABILITY (§ 37.2-806)

A. Whenever a person alleged to have intellectual disability is not capable of
requesting admission to a training center pursuant to &#xA7; 37.2-805, a parent
or guardian of the person or another responsible person may initiate a
proceeding to certify the person&#8217;s eligibility for admission pursuant to
this section.

B. Prior to initiating the proceeding, the parent or guardian or other
responsible person seeking the person&#8217;s admission shall first obtain (i) a
preadmission screening report that recommends admission to a training center
from the community services board or behavioral health authority that serves the
city or county where the person who is alleged to have intellectual disability
resides and (ii) the approval of the training center to which it is proposed
that the person be admitted. The Board shall adopt regulations establishing the
procedure and standards for the issuance of such approval. These regulations may
include provision for the observation and evaluation of the person in a training
center for a period not to exceed 48 hours. No person alleged to have
intellectual disability who is the subject of a proceeding under this section
shall be detained on that account pending the hearing except for observation and
evaluation pursuant to the provisions of this subsection.

C. Upon the filing of a petition in any city or county alleging that the person
has intellectual disability, is in need of training or habilitation, and has
been approved for admission pursuant to subsection B, a proceeding to certify
the person&#8217;s eligibility for admission to the training center may be
commenced. The petition shall be filed with any district court or special
justice. A copy of the petition shall be personally served on the person named
in the petition, his attorney, and his guardian or conservator. Prior to any
hearing under this section, the judge or special justice shall appoint an
attorney to represent the person. However, the person shall not be precluded
from employing counsel of his choosing and at his expense.

D. The person who is the subject of the hearing shall be allowed sufficient
opportunity to prepare his defense, obtain independent evaluations and expert
opinion at his own expense, and summons other witnesses. He shall be present at
any hearing held under this section, unless his attorney waives his right to be
present and the judge or special justice is satisfied by a clear showing and
after personal observation that the person&#8217;s attendance would subject him
to substantial risk of physical or emotional injury or would be so disruptive as
to prevent the hearing from taking place.

E. Notwithstanding the above, the judge or special justice shall summons either
a physician or a clinical psychologist who is licensed in Virginia and is
qualified in the assessment of persons with intellectual disability or a person
designated by the local community services board or behavioral health authority
who meets the qualifications established by the Board. The physician, clinical
psychologist, or community services board or behavioral health authority
designee may be the one who assessed the person pursuant to subsection B. The
judge or special justice also shall summons other witnesses when so requested by
the person or his attorney. The physician, clinical psychologist, or community
services board or behavioral health authority designee shall certify that he has
personally assessed the person and has probable cause to believe that the person
(i) does or does not have intellectual disability, (ii) is or is not eligible
for a less restrictive service, and (iii) is or is not in need of training or
habilitation in a training center. The judge or special justice may accept
written certification of a finding of a physician, clinical psychologist, or
community services board or behavioral health authority designee, provided such
assessment has been personally made within the preceding 30 days and there is no
objection to the acceptance of the written certification by the person or his
attorney.

F. If the judge or special justice, having observed the person and having
obtained the necessary positive certification and other relevant evidence,
specifically finds that (i) the person is not capable of requesting his own
admission, (ii) the training center has approved the proposed admission pursuant
to subsection B, (iii) there is no less restrictive alternative to training
center admission, consistent with the best interests of the person who is the
subject of the proceeding, and (iv) the person has intellectual disability and
is in need of training or habilitation in a training center, the judge or
special justice shall by written order certify that the person is eligible for
admission to a training center.

G. Certification of eligibility for admission hereunder shall not be construed
as a judicial commitment for involuntary admission of the person but shall
authorize the parent or guardian or other responsible person to admit the person
to a training center and shall authorize the training center to accept the
person.

HISTORY: 1976, c. 493, § 37.1-65.1; 1979, c. 204; 1980, c. 582; 1984, c. 425;
2005, c. 716; 2012, cc. 476, 507.