Local and State Human Rights Committees

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 

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

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 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 and parties are encouraged to look at the meeting information on the Commonwealth Calendar prior to planning their attendance

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. 

• Director or Designee (required)
  • This is the person designated by the provider to present information and answer questions on behalf of the provider/facility.
• You or your Authorized Representative (required)
  • You are permitted by the Human Rights Regulations (HRR) to present information and answer questions during a Fact-Finding Review about a complaint that involves you. The Office of Human Rights encourages you to present information and answer questions on your own behalf.
    • You have the right and are encouraged to present on your own behalf during the Fact-Finding Review.
    • You can attend in-person (as long as the meeting is being held in person), virtually, or via telephone.
    • You may pre-record your statement (we will need it in advance to check technical compatibility), or you may choose to read a prepared statement which you can also provide to the LHRC via the Human Rights Advocate.
  • The Authorized Representative (AR) is the person permitted by the HRR and with your agreement to present information and answer questions on your behalf. Your AR can also request Fact-Finding Reviews (and may have requested this review on your behalf).
• Your chosen representative (if applicable)
  • Your chosen representative can be any person you choose to help you present information.
  • If you choose a representative, the committee may still have questions that only you will have the experience and information to answer.
• Witnesses for both parties (if applicable)
  • Witnesses are people who can present information on your behalf during your presentation. Witnesses may be asked questions by the Local Human Rights Committee (LHRC).
• Any support person you choose
  • A support person may be present at the Fact-Finding Review to provide you with moral or physical support.
  • A support person may also be a witness, but a support person does not present information or answer questions for the LHRC.
• The Office of Human Rights (required)
  • A Human Rights Advocate will be assigned to provide technical assistance to you before and during the Fact-Finding Review process.
    • The Human Rights Advocate may assist you in presenting your Statement of Disagreement, including answering factual questions relating to your complaint.
    • The Human Rights Advocate cannot answer non-factual questions, and cannot speak for you regarding how you felt or what happened when the Human Rights Advocate was not present.
    • Remember, this is your opportunity to speak directly to the LHRC regarding your disagreement.
    • The Office of Human Rights has discretion to provide support above and beyond what is explained here and outlined in the HRR
  • A different Human Rights Advocate will be assigned to provide technical assistance to the LHRC.
  • A Human Rights Manager or other supervisor may be present to supervise the process overall and/or to fulfill other duties necessary during the course of the Fact-Finding Review.

• Your copy of the Statement of Disagreement and Supporting Documents (SD)

• Evidence, including documents and testimony that are not related to the complaint identified in your Statement of Disagreement.
• If attending in person, there may be limits on what is permitted depending on the location where the Fact-Finding-Review is located. For example, some locations do not allow food or drink, some locations require you to pass through a metal detector, etc. If you have questions about what to expect in the location of your Fact-Finding Review, you can ask your assigned Human Rights Advocate.

• Each Fact-Finding Review lasts for about one hour.
• This timeframe includes presentation of facts from each party, questions from the LHRC and summary statements from each party.
• The LHRC will determine the length of time for presentation of facts and summary statements after reviewing the Statement of Disagreement. You will be notified by the Advocate assigned to you prior to the Fact-Finding Review so that you may prepare accordingly.

• No. The Fact-Finding Review is an informal administrative review of the complaint. The Human Rights Regulations require that it be conducted in a non-adversarial manner. Questions are always directed through the LHRC and not to the other party.   

• Within 10 business days after the Fact-Finding Review ends, the LHRC will give its written Findings and Recommendations to the parties and their representatives. Whenever appropriate, the LHRC will identify information that it believes the provider should take into account in making decisions concerning corrective action.
• Within 5 business days of receiving the LHRC’s Findings and Recommendations, the director is required to give you a written action plan that they plan to implement in order to address the LHRC’s Findings and Recommendations. Along with the action plan, the director is required to provide written notice to you about the timeframe for your response including a statement that if you do not respond, then the complaint will be closed. The action plan will not be implemented for 5 business days after it is submitted,
• You, your chosen representative, the human rights advocate, or the LHRC may object to the action plan within 5 business days by explaining 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. If the objection is to a portion of the action plan, the provider may implement the portion of the action plan that has been agreed to. If no one objects to the action plan, the director is required to begin implementing the action plan on the sixth business day after the action plan was submitted, or as otherwise outlined in the agreed upon action plan.
• If an objection to the action plan is made and the director does not resolve the objection to the action plan to your satisfaction within 2 business days following receipt of the objection by the director, you may submit a Request for Final Determination from the State Human Rights Committee (see 12VAC35-115-210). 

• The Office of Human Rights does not record Fact-Finding Reviews.
• Either party may record the Fact-Finding Review. Parties are requested to announce recording prior to the start of the review.
• The LHRC Findings and Recommendations serve as the official record of the Fact-Finding Review.

• Director or Designee (required)
  
• Individual or Authorized Representative (required)
  
• Individual’s chosen representative
  
• Witnesses for both parties
  
• Any other supports of the individual

• Your copy of the Statement of Disagreement
  
• Your response with supporting documents

• Evidence, including documents and testimony, that is not related to the complaint.
• If attending in person, there may be limits on what is permitted depending on the location where the Fact-Finding-Review is located. For example, some locations do not allow food or drink, some locations require you to pass through a metal detector, etc. If you have questions about what to expect in the location of your Fact-Finding Review, you can ask your assigned Human Rights Advocate. 

• Each Fact-Finding Review lasts for about one hour.
• This timeframe includes presentation of facts from each party, questions from the LHRC and summary statements from each party.
• The LHRC will determine the length of time for presentation of facts and summary statements after reviewing the Statement of Disagreement. You will be notified by the Advocate prior to the Fact-Finding Review so that you may prepare accordingly.

• No. The Fact-Finding Review is an informal administrative review of the complaint. The Human Rights Regulations require that it be conducted in a non-adversarial manner. Questions are always directed through the LHRC and not to the other party.    

• The Office of Human Rights does not record Fact-Finding Reviews.
• Either party may record the Fact-Finding Review. Parties are requested to announce recording prior to the start of the review.
• The LHRC Findings and Recommendations serve as the official record of the Fact-Finding Review.