Report on Critical Incidents in Virginia’s State Operated Mental Health Facilities

The Code of Virginia requires that all facilities operated by the Department of Behavioral Health and Developmental Services (DBHDS) must report to the disAbility Law Center of Virginia within 48 hours of a “critical incident.” DBHDS is then required to provide all other known information within 15 days. A “critical incident” is any event resulting in death or loss of consciousness or an event requiring medical attention. During Federal Fiscal Year 2021 (FY21) , dLCV received a total of 468 Critical Incident Reports from facilities operated by the Department. For the second year in a row, the number of deaths in state facilities has increased. During FY21, there were a total of 66 deaths, compared to 62 the previous year. Additionally, the number of deaths that occurred within 90 days of admission continues to rise.