Chapter 232 of the 2021 Acts of Assembly (HB 2230) directs the Department of Behavioral Health and Developmental Services (DBHDS) to create a Supported Decision-Making Agreement (SDMA) template for individuals with intellectual and developmental disabilities to use, develop and provide education regarding the development and use of SDMAs, develop information and protocols related to preventing, identifying, and addressing abuse and exploitation of individuals using SDMAs, and to collect data regarding the use of SDMAs in Virginia.

Virginia has studied supported decision-making in 2014, 2019, and 2020. In 2022, DBHDS created a workgroup to assist with the development of the SDMA template and protocol to address abuse and exploitation of individuals using SDMAs. The workgroup kept in mind the core principles of supported decision-making and the recommendations of the 2020 workgroup while developing the goals of SDMAs for individuals in Virginia and creating a list of recommendations.

The Workgroup agreed on the following goals for SDMAs in Virginia:

1. People with developmental disabilities (including intellectual disabilities) in Virginia exercise maximum self-determination through supported decision-making agreements as the first option before guardianship is considered.

2. Virginians are less reliant on guardianship for individuals with developmental disabilities (including intellectual disabilities) once supported decision-making agreements are available.

3. Increase the knowledge of individuals with developmental disabilities (including intellectual disabilities), their families, and other community members related to supported decision-making and supported decision-making agreements compared to other decision-making options.

The Workgroup created the following documents:

• Virginia’s Supported Decision-Making Agreement template

• Instructions for completing the SDMA, including a protocol for addressing abuse and exploitation

• Frequently Asked Questions (FAQ) in formal and plain language

• Medical Release of Information form

• Educational Release of Information form

• Three Discovery Tools - When Do I Want Support?, What Kind of Support Do I Want?, Relationship Map

• Narratives and examples of the completed SDMA template and discovery tools

Finally, the Workgroup made the following recommendations for DBHDS to explore for feasibility of implementation:

1. Enhance data elements in the Waiver Management System (WaMS) Individual Support Plan (ISP).

2. Explore other sources for data collection.

3. Change and update state code to reflect more person-centered wording and to clarify roles and responsibilities.

4. Ensure written information and forms are available in other languages to increase accessibility and utilization.

5. Investigate implementation of a uniform tool for capacity evaluations.

6. Explore the implementation of a volunteer Supporter program.