Settlement Agreement Revised & Approved by Court

August 25, 2012

The Settlement Agreement was slightly altered from it’s original form to meet the Judge’s desire to address the issues of all parties.¬† The most difficult issue to solve was that of the “closure” of the Training Centers:

Section IV. B. 10. Nothing in this Agreement shall prevent the Commonwealth from closing its Training  Centers or transferring residents from one Training Center to another, provided that, in accordance with Virginia Code 37.2-837(A)(3), for as long as it remains effective, no resident of a Training Center shall be discharged from a Training Center to a setting other than a Training Center if he or his Authorized Representative chooses to continue receiving services in a Training Center. If the General Assembly repeals Virginia Code 37.2-837(A)(3), the Commonwealth shall immediately notify the Court, the United States, and the Intervenors. The Parties agree that repeal or alteration of Virginia Code 37.2-837(A)(3) justifies consideration of relief under Fed. R. Civ. P 60(b)(6).