How does the ban violate our rights?
### Details of Virginia Code § 37.2-400**Virginia Code § 37.2-400** is part of the Code of Virginia, Title 37.2, which governs Behavioral Health and Developmental Services.
This section specifically outlines the **rights of individuals receiving services** in facilities like Western State Hospital (WSH), ensuring protections for patients in state-operated or licensed behavioral health facilities.
Below is a detailed breakdown of the code, its key provisions, and its relevance to our concern about the package ban at WSH.
#### Key Provisions of Virginia Code § 37.2-400
The statute establishes fundamental rights for individuals receiving mental health, developmental, or substance abuse services in Virginia. It aligns with the **Department of Behavioral Health and Developmental Services (DBHDS) Human Rights Regulations** (12VAC35-115) to ensure dignity, privacy, and access to resources. The following are the most relevant rights under § 37.2-400, particularly in the context of the package ban:
1. **Right to Dignity and Humane Treatment**:
- Individuals must be treated with dignity and respect in a humane environment conducive to recovery.
- **Relevance to Package Ban**: Denying personal items like hygiene products, suitable clothing, or family gifts can undermine dignity and create a dehumanizing environment, potentially hindering recovery.
2. **Right to Keep and Use Personal Possessions and Resources**:
- Patients have the right to "keep and use their own personal possessions and personal resources" unless restrictions are necessary for safety and justified in writing.
- **Relevance to Package Ban**: A blanket ban on incoming packages directly restricts this right by preventing patients from receiving personal items such as clothing, toiletries, religious materials (e.g., Bibles, prayer beads), or family gifts (e.g., children’s drawings). The law requires any restriction to be individualized, documented, and justified, which a facility-wide ban does not satisfy.
3. **Right to Sufficient and Suitable Clothing**:
- Individuals are entitled to "sufficient and suitable clothing" appropriate to their needs and comfort.
- **Relevance to Package Ban**: WSH’s provision of stained, ill-fitting, or used clothing, as described, violates this right. Preventing patients from receiving appropriate clothing from family or external sources exacerbates this issue.
4. **Right to Receive Mail and Communicate**:
- Patients have the right to send and receive unopened mail and communicate with others unless restrictions are clinically justified and documented.
- **Relevance to Package Ban**: While the statute primarily addresses mail, packages can be considered an extension of communication (e.g., family gifts, personal items). A total ban may infringe on this right, especially without individualized justification or alternative communication methods.
5. **Right to Privacy and Personal Autonomy**:
- Individuals retain autonomy over personal decisions, including the use of their possessions, to the extent that safety allows.
- **Relevance to Package Ban**: Denying access to patient-specific items (e.g., hypoallergenic toiletries, culturally specific foods) limits autonomy and personal choice, potentially increasing distress.
#### Legal Context and Enforcement
- **Alignment with DBHDS Regulations**: The rights in § 37.2-400 are enforced through **12VAC35-115**, which details procedures for reporting violations, filing complaints, and ensuring compliance. Facilities like WSH must document any restrictions on rights and provide a clinical or safety justification.
- **Application to WSH**: The package ban, as described, appears to conflict with § 37.2-400 by broadly restricting access to personal possessions and suitable clothing without clear, individualized justification.
#### Full Text Reference
The full text of **Virginia Code § 37.2-400** is available on the Virginia General Assembly’s website: [leg1.state.va.us](https://law.lis.virginia.gov/vacode/title37.2/chapter4/section37.2-400/). Key excerpts include:
- “Each individual receiving services shall have the right to... keep and use his own personal possessions and personal resources, including clothing, money, and other property, to the extent that the possession or use does not infringe upon the rights of others.”
- “Each individual shall be entitled to sufficient and suitable clothing.”
- Restrictions must be “necessary to protect the individual or others” and documented in the patient’s record.
#### Additional Notes
- **Evidence-Based Support**: Studies on recovery-oriented care (e.g., illness management programs) highlight the importance of personal items for mental health outcomes. This strengthens the argument that the ban is not only legally questionable but also counterproductive to WSH’s therapeutic goals.