Equality Virginia and the American Civil Liberties Union of Virginia are requesting that the Juvenile Justice Board to confirm their understanding that the final rule protecting juveniles receiving non-residential services from discrimination based on sexual orientation will go into effect on July 1, 2011, barring further action by the Board.
EV’s executive director James Parrish said, “Studies have shown that a disproportionate number of children receiving juvenile services do not self-identify as “straight.” These children deserve protection against discrimination based on who they are or how they identify in access to and receipt of services. The Board should stand up for the children and resist manipulation of the Administrative Process Act to defeat their decision to include protection against discrimination based on sexual orientation in the rules governing non-residential services.”
From press release:
The law says that the Governor is deemed to acquiesce in a rule to which he does not object within 30 days of its adoption in final form. Section 6VAC35-150-490 (Section 490) of the final rule on standards for non-residential services available to juvenile and domestic relations district courts was published as a final rule on February 14, 2011. As published, Section 490 protected juveniles receiving services from discrimination based on sexual orientation. The Governor filed no objection to the final rule during the 30 day final adoption period. Accordingly, the rule should go into effect on July 1, 2011 as approved by the Board in February.