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Governor Glenn Youngkin launches Task Force to address temporary detention order crisis

Individuals under TDOs are often in crisis and can’t get the care they need, the Governor’s office said

RICHMOND, Va. – Governor Glenn Youngkin is taking a step toward improving the timely placement and care of individuals under temporary detention orders.

The Prompt Placement TDO Task Force, which Youngkin announced on Monday, will bring government agencies, public and private hospitals, law enforcement, and other community partners together to address the TDO crisis.

“It is critical that we address the mental health crisis and prioritize caring for Virginians,” said Governor Glenn Youngkin. “I’m committed to making substantial progress in providing access to resources, caring for Virginians, and reforming the TDO process.”

Individuals under the orders are often in a crisis and are unable to receive the care they need due to a lack of appropriate resources and barriers in the TDO process, officials said.

According to the Virginia Law Library, a magistrate may issue a temporary detention order (TDO) if the individual meets the following criteria after an evaluation:

  • “Has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future,
    • cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or
    • suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.
  • Is in need of hospitalization or treatment.
  • Is unwilling to volunteer or incapable of volunteering for hospitalization or treatment.”

From June 2021 to July 2022, there were 21,099 TDOs in the Commonwealth, according to the Governor’s office.

And like any crisis situation, every second, minute, and hour that passes matters. According to Youngkin, the average wait time for an individual under a TDO to get placement and care is now up to 43 hours in the state of Virginia.

Secretary of Health and Human Resources John Littel said this task force is a step toward speeding up that care.

“Virginia’s current TDO process is bad for patients, care providers, families, and law enforcement who wait with these patients for a placement,” said Littel. “This Task Force is a key step in improving the behavioral health system across the Commonwealth.”

Not only does the wait time impact patients, but the process also contributes to workforce burnout within healthcare and law enforcement, Youngkin’s office said.

To combat all of these issues, Youngkin said the Task Force will end the TDO waitlist, find rapid placements for those under a TDO, release police officers from spending significant hours away from their street duties, ensure the safety of all who are involved, and set a stage for a long-lasting systematic change to the TDO process in Virginia.

Janet Kelly will head up this new initiative along with representatives from multiple agencies, community service boards, law enforcement, and hospitals, according to the Governor’s office. Kelly also led the Governor’s Safe and Sound Task Force earlier this year.