Local and State Human Rights Committees

The Office of Human Rights is located within the Department of Behavioral Health & Developmental Services (DBHDS) and is supervised by the State Human Rights Director. The State Human Rights Director oversees statewide human rights activities and provides guidance and direction to human rights staff. The Office of Human Rights assists DBHDS in fulfilling its legislative mandate under VA Code 37.1-84.1. The regulations to assure the rights of individuals receiving services from providers licensed, funded, or operated by the department of behavioral health and developmental services outline DBHDS’s responsibility for assuring the protection of the rights of consumers in facilities and programs operated, funded, and licensed by DBHDS.  

The Local Human Rights Committee (LHRC) are committees of community volunteers who are broadly representative of various professional and consumer interests. These committees play a vital role in the DBHDSs Human Rights Program, serving as an external component of the human rights system. General duties and requirements include:  

• Willingness to work within the parameters of the DBHDS human rights process in order to resolve complaints and to facilitate improvements and/or system changes  

• Annual participation in human rights training that is provided by DBHDS 

• Regular meeting attendance. All LHRCs meet at least quarterly – some meet monthly; It is essential that a quorum be present  

• Strict observance of client confidentiality  

The Composition of Local Human Rights Committee as identified in the Human Rights Regulations, requires that membership broadly represent professional and consumer interests in order for the membership to be balanced and objective. For this reason, members who are qualified may not be appointed, simply because of the existing makeup of the LHRC. In addition, each LHRC shall have at least one health care provider as a member. No current employee of DBHDS or a Community Services Boards (CSB) shall serve as a member. Employees of providers may serve but are required to recuse themselves when conducting LHRC business that provides oversight to the employer. Members are appointed by the State Human Rights Committee. 

Functions of the Local Human Rights Committee:  

• Review any dignity or freedom restriction on the rights of an individual that lasts longer than seven days or is imposed three or more times in a 30-day period 

• Conduct interviews for Next Friends as part of the authorized representative process  

• Conduct fact finding hearings and make recommendations for resolution of complaints not resolved at the provider level  

• Review behavioral treatment plans that incorporate the use of seclusion, restraint and time out  

• Receive, review and act on applications for variances to the human rights regulations  

• Focus on providing due process for individuals  

• Review and approve provider program rules if requested by the LHRC or Advocate  

• Identify violations of applicable rights or regulations during complaint resolution along with any policies, practices or conditions that contributed to those violations 

The State Human Rights Committee (SHRC) consists of nine volunteers, who are broadly representative of various professional and consumer groups as well as geographic areas of Virginia. SHRC members are appointed by the State Board. The SHRC acts as an independent body to oversee the implementation of the human rights program. The role of the SHRC is to:  

• Receive, coordinate and make recommendations for revisions to regulations  

• Review the scope and content of training programs, monitor and evaluate the implementation and enforcement of the regulations  

• Hear and render decisions on appeals from complaints heard but not resolved at the LHRC level  

• Review and approve requests for variances to the regulations, review and approve LHRC bylaws and appoint LHRC members  

Human Rights Advocates represent consumers whose rights are alleged to have been violated and perform other duties for the purpose of preventing rights violations. Each state facility has at least one advocate assigned, as well as advocates who oversee community programs, with regional advocates located throughout the State who oversee the work of the advocates. Their duties include investigating complaints, examining conditions that impact consumer rights and monitoring compliance with human rights regulations. Advocates also provide technical support and training to the LHRC’s and report back to the SHRC. 

To apply for the LHRC, please complete the application here: LHRC Appointment Application_4.9.24 

To apply for the SHRC, please complete the application here: SHRC Appointment Application 4.9.24 

Dates are subject to change based on weather conditions, availability of an in-person quorum of committee members, and appropriate and accessible meeting locations. 

Anyone may view and listen to open portions of any a Local or State Human Rights Committee meeting via the Microsoft Teams Webinar link for each specific meeting. This information is available on the Commonwealth Calendar. You can use the following steps to search for LHRC and SHRC meeting information on the Commonwealth Calendar: 

• Select the date range for a meeting you are interested in. 

• Select the Category for an “Open Meeting” 

• Select the Sponsor as “Behavioral Health and Developmental Services, Department of” 

• Enter a specific name of an LHRC, or simply “LHRC” or “SHRC” as a Keyword to assist in your search. 

Any changes to the LHRC meeting schedule will be reflected on the Commonwealth Calendar. 

Public Comments 

Public comments will be received by the LHRC and SHRC during the public comment section noted on the meeting agenda. This generally occurs at the beginning of the meeting. Any person seeking to make public comment may submit comments in writing by noon on the day before the meeting. Written comments directed to the LHRC should be submitted by email to the staff person listed for that specific LHRC on the LHRC Meeting Schedule. Written comments directed to the SHRC should be submitted by email to the SHRD at taneika.goldman@dbhds.virginia.gov. If the person who submitted the comment is not present at the meeting (in person or virtually), the staff person or SHRD will read the comment for the record, and a copy will be provided to the committee members. 

For Providers: To add items to a specific LHRC agenda, please contact the staff person listed for that specific LHRC. Please note that the agenda deadline is two weeks prior to the meeting date. 

• 2025 LHRC Schedule per Region 

• 2025 SHRC Meeting Schedule 

For questions about a specific LHRC, please contact the staff person listed for that specific LHRC. For general information about how to access an LHRC meeting in your Region/State Facility please contact the corresponding Manager. 

• The director or his designee shall attend the hearing.  

• The individual or his authorized representative (AR) making the complaint shall attend the hearing.  

• If the individual/AR has identified another representative to assist them in filing the petition, this person(s) may also attend the hearing.  

• The parties and chosen representatives and designees have the right to present witnesses and other evidence and the opportunity to be heard.  

• Your copy of the petition  

• Your response with exhibits  

• A copy of the CHRIS report  

• Witnesses (as applicable)  

• Snacks and drinks are permitted  

• Evidence, including documents and testimony, that is not related to the complaint identified in the petition. 

• In general, each party is given 5 minutes for an opening statement, 10-20 minutes for presentation of facts and witness testimony, and another 5 minutes for closing statements. You will be notified of your specific time frames once the LHRC has reviewed the petition.  
• The LHRC can ask questions of each party which is not included in this time.  

• No. The hearing is administrative and is the Human Rights Regulations require that it be conducted in a non-adversarial manner. Questions are always directed through the LHRC, rather than cross examination of the other party. Because the hearing is an informal process, the rules of evidence do not apply.    

• No. The hearing is not recorded by the Office of Human Rights. The LHRC Findings and Recommendations act as the record of the hearing. Either party may choose to record the hearing and if they decide to so, it is encouraged that they inform the assigned advocate in addition to the other party.   

• Within 10 working days after the hearing ends, the LHRC shall give its written findings of fact and recommendations to the parties and their representatives. Whenever appropriate, the LHRC shall identify information that it believes the director shall take into account in making decisions concerning discipline or termination of personnel.  
• Within 5 working days of receiving the LHRC’s findings and recommendations, the director shall give the individual, the individual’s chosen representative, the human rights advocate, the provider’s governing body, and the LHRC a written action plan he intends to implement to respond to the LHRC’s findings and recommendations. Along with the action plan, the director shall provide written notice to the individual about the timeframe for the individual’s response and a statement that if the individual does not respond, then the complaint will be closed. The plan shall not be implemented for 5 working days after it is submitted unless the individual agrees to its implementation sooner.  
• The individual, his chosen representative, the human rights advocate, or the LHRC may object to the action plan within five working days by stating the objection and what the director can do to resolve the objection. If an objection is made, the director may not implement the action plan until the objection is resolved. The provider may, however, implement any portion of the plan to which the individual making the complaint agrees. If no one objects to the action plan, the director shall begin to implement the plan on the sixth working day after he submitted it, or as otherwise provided in the plan.  
• If an objection to the action plan is made and the director does not resolve the objection to the action plan to the individual’s satisfaction within 2 working days following its receipt by the director, the individual may appeal to the SHRC under 12VAC35-115-210.  
• Any party may also appeal to the SHRC if he disagrees with the LHRC’s final findings of fact, conclusions, and recommendations following a hearing.  
• The steps for filing an appeal to the SHRC are provided in 12VAC35-115 210(B)(C), and (D).