Compensation for Virginia Victims of Eugenics Sterilization

Virginia currently provides a $25,000 payment for each verified claim submitted through the Virginia Victims of Eugenics Sterilization Compensation Program. Payment is subject to available program funding.

The program is administered by the Virginia Department of Behavioral Health and Developmental Services, commonly called DBHDS. Eligible individuals—or qualifying lawfully authorized representatives—must submit an application and documents proving identity, institutional history and involuntary sterilization under Virginia’s 1924 Eugenical Sterilization Act.

You do not ordinarily need an attorney to submit the application. DBHDS describes the process as straightforward and provides the application, instructions and assistance directly. Legal advice may be useful when records are missing, representative authority is disputed or an application has been denied.

Is Virginia Still Accepting Eugenics Compensation Claims?

Yes. DBHDS currently publishes an application and instructions for submitting a claim through the Virginia Victims of Eugenics Sterilization Compensation Program.

Applicants should use the most recent information provided on the official DBHDS compensation-program page before mailing a claim.

The department currently instructs claimants to mail completed applications and supporting documents to:

Virginia Victims of Eugenical Sterilization Compensation Program
Virginia Department of Behavioral Health and Developmental Services
P.O. Box 1797
Richmond, Virginia 23218-1797

Confirm the mailing address and current contact information on the DBHDS website before submitting the application.

How Much Compensation Does the Program Provide?

Under 12VAC35-240-70, compensation for each verified claim is $25,000.

The payment is not calculated according to medical expenses, pain and suffering, lost income or the severity of the procedure’s effects. It is a fixed administrative-program payment rather than a negotiated personal injury settlement.

Payment is also contingent on the availability of appropriated funding.

If available funds are exhausted:

• DBHDS continues to accept applications.
• The department continues to review eligibility.
• A verified claim is maintained according to the date and time it was verified.
• If additional funding becomes available, claims are paid in verification order.

Because the amount is fixed by regulation, an attorney cannot negotiate a program payment greater than $25,000.

Who Qualifies for Virginia Eugenics Sterilization Compensation?

Under 12VAC35-240-20, an individual or qualifying lawfully authorized representative may request compensation when all three eligibility requirements are met.

1. The person was involuntarily sterilized under the 1924 Act

The sterilization must have been performed pursuant to Virginia’s 1924 Eugenical Sterilization Act.

The program does not automatically cover every sterilization performed without meaningful consent or every procedure performed in Virginia during the twentieth century. The records must connect the procedure to the state law covered by the program.

2. The person was a patient at a designated institution

The sterilization must have occurred while the person was a patient at one of the following institutions:

• Eastern State Hospital
• Western State Hospital
• Central State Hospital
• Southwestern Virginia Mental Health Institute, formerly Southwestern State Hospital
• Central Virginia Training Center, formerly the State Colony for Epileptics and Feeble-Minded

A person who was sterilized at another hospital, institution or private facility may not meet the compensation program’s eligibility requirements.

3. The person was living on February 1, 2015

The individual who underwent the sterilization must have been alive on February 1, 2015.

A claim may still be submitted after that individual’s later death when a legally qualified personal representative or other lawfully authorized representative meets the program requirements.

Can a Family Member Submit the Application?

A family member may assist with an application, but being related to the claimant does not automatically provide authority to sign and submit the claim on the person’s behalf.

Virginia’s regulation defines a lawfully authorized representative as either:

• A person permitted by law or regulation to act for the individual; or
• The personal representative of the estate of an eligible individual who died on or after February 1, 2015.

The application must include documents proving the representative’s legal authority.

If a claimant is completing and signing the application personally but wants DBHDS to communicate with someone assisting them, the claimant may use the department’s separate authorization form. That authorization does not necessarily make the helper a lawfully authorized representative.

What Documents Are Required?

A claim generally requires documents establishing identity and every eligibility requirement.

Proof of identity

Acceptable identity documents may include:

• A state-issued driver’s licence
• A government-issued identification card
• A United States or foreign passport
• A United States military identification card
• Other identity documentation accepted under the program rules

Proof of institutionalisation

The claimant must provide evidence that the eligible person was a patient at one of the five designated institutions.

Potential records may include:

• Admission records
• Patient files
• Discharge records
• Hospital indexes
• Institutional correspondence
• Other authenticated state records

Proof of involuntary sterilization

The application must include evidence showing that the individual was involuntarily sterilized pursuant to the 1924 Act while a patient at a designated institution.

Relevant documentation may include:

• Surgical records
• Procedure reports
• Medical charts
• Sterilization orders
• Institutional board records
• Correspondence concerning the procedure
• Other records accepted by DBHDS

Death certificate

When an application is submitted for an eligible individual who died on or after February 1, 2015, the application must include a certified copy of a state-issued death certificate.

Proof of representative authority

A person applying on someone else’s behalf must provide documentation establishing lawful authority, such as appropriate court, fiduciary, guardianship or estate records.

How Can You Locate Old Hospital Records?

DBHDS advises people who need help locating records to contact the Health Information Management department of the hospital or training centre where the procedure occurred.

Before requesting records, gather as much identifying information as possible:

• The individual’s full legal name
• Any former or alternate names
• Date of birth
• Approximate admission and discharge dates
• Name of the institution
• Patient or case number, if known
• Approximate date of the sterilization
• Names of parents, guardians or relatives appearing in the record

Ask the institution which authorization, identity and representative documents are required before it can release protected records.

DBHDS maintains current hospital and record-department contact information on its compensation-program page.

How to Apply for Compensation

Step 1: Download the current application

Obtain the current application form from the official DBHDS program page. Avoid relying on an old saved form without confirming that it remains current.

Step 2: Review every eligibility requirement

Confirm that the individual:

• Was involuntarily sterilized under the 1924 Act
• Was a patient at a qualifying institution
• Was living on February 1, 2015

Step 3: Gather identity and medical records

Collect clear copies of all documents supporting identity, institutional history and involuntary sterilization.

Step 4: Establish representative authority when necessary

If the claimant is not signing personally, attach documents showing that the person signing has lawful authority to act.

Step 5: Complete every part of the application

Answer accurately and consistently. Do not guess about dates or institutions. When an exact date is unknown, follow the application’s instructions or contact DBHDS for guidance.

Step 6: Keep a complete copy

Before mailing the application, copy or scan:

• The completed form
• Every supporting document
• The representative-authority documents
• The mailing envelope or label
• Proof of mailing and delivery

Step 7: Mail the application to DBHDS

Use the current mailing address provided by DBHDS. Consider using a mailing method that provides delivery confirmation.

Step 8: Respond promptly to additional-document requests

If DBHDS determines that an application is incomplete, it sends written notice identifying the additional documentation required.

Under 12VAC35-240-40, the claimant generally has 60 calendar days after receiving the incomplete-application notice to provide the missing records.

If the required information is not received during that period, the application is closed and the claimant must submit a new application.

How Does DBHDS Review an Application?

DBHDS first screens the application and accompanying documents for completeness.

An application is considered complete when the department has received all required documents. Complete applications are then considered by a review panel.

Under 12VAC35-240-50:

• The DBHDS commissioner appoints a review panel.
• Complete applications are considered in order based on the date and time all required documents were received.
• The claimant or representative receives the panel’s decision in writing by certified mail.
• The notice must be mailed within seven calendar days after the panel’s decision.

What Happens if the Application Is Denied?

A claimant or lawfully authorized representative may request reconsideration of a denial.

Under 12VAC35-240-60, the written request must generally be submitted within 30 calendar days from the date of the written denial notice.

The reconsideration request should:

• Identify the claimant and application
• State why the eligibility decision should be reconsidered
• Address the reason given for denial
• Include additional supporting records when available
• Be submitted according to the instructions in the denial notice

Keep a copy of the request, every attachment and proof that it was submitted on time.

Do You Need an Attorney to Apply?

No attorney is required to submit a compensation application. DBHDS states that the process is intended to be straightforward and that applicants should generally be able to apply without legal representation.

Start by reviewing the official application and contacting the department for assistance.

Legal advice may be useful when:

• Institutional or sterilization records cannot be located
• The records contain conflicting names or dates
• It is unclear whether the procedure was performed pursuant to the 1924 Act
• A family member needs to qualify as personal representative
• There is a dispute over who has authority to act
• The application was denied
• The 30-day reconsideration deadline is approaching
• Another legal claim or estate issue may be involved

An attorney cannot increase the fixed program payment beyond $25,000.

Will the Compensation Affect Federal Benefits?

The federal Treatment of Certain Payments in Eugenics Compensation Act provides that payments from a qualifying state eugenics compensation program are not treated as income or resources when determining eligibility for, or the amount of, a federal public benefit.

This protection concerns federal public-benefit eligibility. Questions about income taxes, state benefits, estate administration or an individual financial situation should be directed to an appropriate tax, benefits or legal professional.

Frequently Asked Questions

How much does an approved claimant receive?

Each verified claim qualifies for a fixed $25,000 payment, subject to available program funding.

Is Virginia currently accepting applications?

Yes. DBHDS currently provides an application and mailing instructions through its official compensation-program page.

Is there an application fee?

DBHDS does not list a state application fee. Applicants may still incur costs for certified records, identification documents, notarization, mailing or professional assistance.

Does every person sterilized in Virginia qualify?

No. The program has specific requirements involving the 1924 Act, five designated state institutions and the requirement that the individual was living on February 1, 2015.

Can the victim’s child submit a claim?

A child may assist, but the family relationship alone may not establish authority to file. The person signing must be the claimant or a qualifying lawfully authorized representative.

Can an estate submit a claim?

A personal representative of the estate may qualify when the eligible individual was living on February 1, 2015 and died on or after that date.

What if the hospital cannot locate the records?

Contact the institution’s Health Information Management department and DBHDS for guidance. Provide former names, approximate dates and other identifying details that may help locate archived records.

How long does DBHDS take to decide?

There is no single guaranteed processing period. The department screens the application, requests missing documents when necessary and refers complete claims to a review panel.

What happens if funding is unavailable?

DBHDS continues accepting and reviewing applications. A verified unpaid claim is maintained in order and may be paid if additional funding becomes available.

Can an attorney obtain more than $25,000?

Not through this administrative compensation program. The payment for a verified claim is fixed by regulation at $25,000.

How long do I have to challenge a denial?

A written request for reconsideration generally must be submitted within 30 calendar days from the date of the written denial notice.

Get Help With a Complicated or Denied Application

Most claimants should begin with the free application instructions and assistance provided directly by DBHDS. An attorney is not ordinarily necessary to complete a straightforward claim.

Atkinson Law may be able to review situations involving missing records, representative authority, estate documentation or a denied application. The firm cannot guarantee that a claim will be approved, that funding will be available or that payment will be issued within a particular period.

Contact Atkinson Law to discuss whether the circumstances require legal assistance.

This page provides general information about Virginia’s administrative compensation program. It does not guarantee eligibility, approval, funding or payment. Applicants should rely on the current application, regulations and instructions published by DBHDS.