Retrospective Review Reports
Human rights are about treating everyone with equal dignity and respect. DBHDS upholds human rights that are defined through laws and regulatory bodies and strives to ensure everyone is aware of their rights and understands how to use them.
For general inquiries regarding Human Rights, please contact: 804-887-7405.
What are Human Rights?
DBHDS is responsible for protecting the human rights of all individuals who receive services from providers that the agency oversees. Human rights are defined in the Code of Virginia (see § 37.2-400).
Some of the rights of all individuals are listed here
Retains your legal rights as provided by state and federal law
Receive prompt evaluation and treatment or training about which you are informed insofar as you are capable of understanding
Be treated with dignity as a human being and be free from abuse or neglect
Not be the subject of experimental or investigational research without your prior written and informed consent or that of your legally authorized representative
Be afforded an opportunity to have access to consultation with a private physician at your own expense and, in the case of hazardous treatment or irreversible surgical procedures, have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his health
Be treated under the least restrictive conditions consistent with your condition and not be subjected to unnecessary physical restraint and isolation
Be allowed to send and receive sealed letter mail
Have access to your medical and clinical treatment, training, or habilitation records and be assured of their confidentiality but, notwithstanding other provisions of law, this right shall be limited to access consistent with his condition and sound therapeutic treatment
Have the right to an impartial review of violations of the rights assured under this section and the right of access to legal counsel
Be afforded appropriate opportunities, consistent with the individual’s capabilities and capacity, to participate in the development and implementation of your individualized services plan
Be afforded the opportunity to have a person of your choice notified of your general condition, location, and transfer to another facility
For more information on human rights regulations, you can read the administrative code.
Not sure what something means? For definitions related to human rights, you can look at both short descriptions and legal definitions.
How do I file a Human Rights Complaint?
If you believe your human rights were violated, you can file a complaint or have someone file a complaint on your behalf. The people who can guide you through this process are listed below.
Are you filing a complaint against a provider in your local community?
You need to contact the Human Rights Regional Manager in your area.
Are you filing a complaint against a state agency that DBHDS oversees?
You need to contact the state facility human rights representative.
Brandon Charles | 804.486.0085 | brandon.charles@dbhds.virginia.gov
Are you filing a complaint against an agency that is not affiliated with DBHDS?
Steps for filing a complaint against an agency that is not affiliated with DBHDS.
Do you have additional questions? Contact us.
Call: 804-887-7405
Are you interested in serving on a Human Rights Committee?
The Local Human Rights Committees (LHRC) and State Human Rights Committee (SHRC) ensures due process for the individuals within our service delivery system. Both committees partially consist of individuals who are receiving services.
If you are someone receiving services or know someone who is, you should consider volunteering for a LHRC in your area or the SHRC. You can learn more about these committees and how to become a volunteer by clicking here.
For information on Human Rights Committees: appointments to state and local human rights committees; committees responsibilities; recruitment information sheet
Making Your Own Decisions
Human rights legislation states that everyone has the right to make their own decisions about the services they receive. This assumes that the person receiving services has the capacity to make their own decisions, but even when someone is deemed to possess this capacity, they may request additional support. Virginia’s Supported Decision-Making Agreement was designed for this purpose. These agreements allow people to specify the type and level of support they desire and identify whom they would like to provide this assistance. You can find additional information about this service by clicking here to visit the Supported Decision-Making Agreements webpage.
Other helpful information
Here are some common human rights (see HR definitions) and behavioral health (see BH definitions) terms.
Senate Bill 569 (see Bill Tracking – 2024 session > Legislation) is legislation that requires DBHDS to develop a work group to consider additional regulations that would allow for the use of (i) evidence-based and recovery-oriented seclusion and restraint practices and (ii) alternative behavior management practices that may limit or replace the use of seclusion and restraint in hospitals, residential programs, and licensed facilities. The bill further requires the Department to submit a report of its findings, recommendations, and proposed regulations to the General Assembly by November 1, 2025.
