DOJ Settlement Agreement

DOJ Settlement Agreement – Virginia Department of Behavioral Health and Developmental Services (DBHDS)

Virginia’s system of services for people with developmental disabilities has been shaped by a 12-year settlement agreement with the U.S. Department of Justice (DOJ), focused on compliance with the Americans with Disabilities Act (ADA) and the Olmstead ruling.

The Investigation

2008: DOJ begins investigating Central Virginia Training Center under CRIPA.

2010: Investigation expands to ADA and Olmstead compliance.

2011: DOJ finds Virginia fails to provide services in the most integrated settings.

The Settlement

2011: Virginia enters negotiations with DOJ.

January 2012: Settlement agreement reached.

Agreement addresses training centers, community programs, and ADA/Olmstead compliance.

The Resolution

2012: Final order and settlement agreement entered.

2020: Compliance indicators finalized.

January 2025: Settlement concludes with permanent injunction approved by federal court.

Key Documents

Document Library

In May of 2019, a federal court order was filed tasking the parties to the 2012 Agreement with creating a document system, or “library”, to ensure that the Commonwealth will perform all provisions of the Settlement Agreement. Please visit the Commonwealth of Virginia-United States Department of Justice Settlement Agreement Document Library to review documentation of the Commonwealth’s compliance..

Settlement Agreement Stakeholder Group

DOJ Settlement Agreement/Virginia Department of Behavioral Health and Developmental Services 

Agenda and power points will be posted prior to the meeting. A limited number of copies of presentations and other handouts will be provided for members from the public who wish to attend; but copies may be printed ahead of time as well. When posted, the information can be found here. 

July 2018

No documents found.

Independent Reviewer Reports

The Independent Reviewer is neutral, court-appointed monitor responsible for overseeing and evaluating Virginia’s compliance with the DOJ Settlement Agreement regarding services for individuals with intellectual and developmental disabilities. The following are the Independent Reviewer’s reports.

Semi-Annual Permanent Injunction Reports

Semi-annually, on June 1 and December 1, the Commonwealth is required to provide updates concerning its progress with all the terms of Section IV of the Permanent Injunction.

Annual Reporting

This page provides links to documents and reports that identify the availability and quality of community services and supports for individuals with intellectual and developmental disabilities (I/DD) including gaps in services and recommendations for improvement.  The reports are produced for many purposes and are directed to a variety of different audiences, but they all provide useful information to system stakeholders. 

Some of these reports are produced or updated on an ongoing basis at various intervals.  

Demographic Report

Virginia Provider Data Summary

Provider Data Summary Report

On November 9th, 2017, the Office of Provider Development in the Division of Developmental Services (DDS) at the Department of Behavioral Health and Developmental Services (DBHDS) hosted the first Provider Data Summary webinar as a way to engage and inform Virginia’s developmental disabilities (DD) providers about the state of DD services across the Commonwealth. Provider Data Summary webinars are planned to continue on a semi-annual basis to provide a forum for sharing the results of ongoing analysis of gaps in DD services across all regions. Information from these webinars will be available here following each scheduled event in May and November. 

Identifying Service Capacity/Service Needs

Assessment Reports: Identifying Service Capacity/Service Needs

Quality

 Assessment Reports: Quality

Recommendations for Improvement

Virginia’s Plan to Increase Independent Living Options – Action Plan Update (January 2020) provides the plan and an update on the progress of the Commonwealth to increase independent housing options for individuals with I/DD.

Settlement Agreement Indicator Overview Videos

The videos provided offer a basic overview of Settlement Agreement indicators with content tailored to three roles. There is one for individuals and families, one for DD providers, and one for Support Coordinators.

Video scripts can be accessed at the additional links.