Code of Virginia - Title 16.1 Courts Not Of Record - Chapter 11 Juvenile And Domestic Relations District Courts

• 16.1-226 Short title
  The short title of the statutes embraced in this chapter is "Juvenile and Domestic Relations District Court Law." (Code 1950, § 16.1-139; 1956, c. 555; ...
• 16.1-227 Purpose and intent
  This law shall be construed liberally and as remedial in character, and the powers hereby conferred are intended to be general to effect the beneficial ...
• 16.1-228 Definitions
  When used in this chapter, unless the context otherwise requires: "Abused or neglected child" means any child: 1. Whose parents or other person responsible for ...
• 16.1-229 This chapter controlling in event of conflict
  Whenever any specific provision of this chapter differs from or is in conflict with any provision or requirement of any other chapters of this title ...
• 16.1-230 Organization and operation of juvenile and domestic relations district courts
  The provisions of Chapter 4.1 (§ 16.1-69.1 et seq.) of this title establishing the district court system shall be controlling over the provisions of this ...
• 16.1-231 Rules of procedure
  The chief judge may adopt and publish rules not in violation of law or in conflict with rules adopted pursuant to Chapter 4.1 (§ 16.1-69.1 ...
• 16.1-232 Attorney for the Commonwealth to prosecute certain cases and represent Commonwealth on appea...
  The attorney for the Commonwealth shall prosecute felony charges before the juvenile court, unless relieved of such responsibility by order of the court. In his ...
• 16.1-233 Department to develop court services; court services units; appointment and removal of employees; s...
  A. Within funds appropriated for the purpose, it shall be a function of the Department to develop and operate, except as hereinafter provided, probation, parole ...
• 16.1-234 Duties of Department; provision of quarters, utilities, and office equipment to court service uni...
  The Director shall cause the Department to study the conditions existing in the several cities and counties, to confer with the judges of the juvenile ...
• 16.1-235 How probation, parole and related court services provided
  Probation, parole and related court services shall be provided through the following means: A. State court service units. - The Department shall develop and operate ...
• 16.1-235.1 Provision of court services; replacement intake officers
  The chief judge may make arrangements for a replacement intake officer from another court service unit to ensure the capability of a prompt response in ...
• 16.1-236 Supervisory officers
  In any court where more than one probation or parole officer or other court services staff has been appointed under the provisions of this law, ...
• 16.1-236.1 Court services unit directors
  A. State-operated court services units. A court services unit director shall be designated for each state-operated court services unit. The judge or judges of the ...
• 16.1-237 Powers, duties and functions of probation and parole officers
  In addition to any other powers and duties imposed by this law, a probation or parole officer appointed hereunder shall: A. Investigate all cases referred ...
• 16.1-238 Compensation of probation officers, court service staff members and related court service personnel...
  The compensation of probation officers and other court service staff members appointed in accordance with § 16.1-235 B shall be fixed by the governing body ...
• 16.1-239 Payment of traveling expenses of court officers; reimbursement
  In counties and cities providing specialized court service programs prior to July 1, 1973, as provided in §§ 16.1-234 and 16.1-235, and under the rules ...
• 16.1-240 Citizens advisory council
  A. The governing bodies of each county and city served by a court service unit may appoint one or more members to a citizens advisory ...
• 16.1-241 Jurisdiction; consent for abortion
  The judges of the juvenile and domestic relations district court elected or appointed under this law shall be conservators of the peace within the corporate ...
• 16.1-241.1 Description unavailable
  Repealed by Acts 2002, c. 305. ...
• 16.1-241.2 Proceedings against certain parents
  A. Upon the failure of a parent to comply with the provisions of § 22.1-279.3, the school board may, by petition to the juvenile and ...
• 16.1-241.3 Newborn children; substance abuse
  Upon the filing of a petition, within twenty-one days of a child's birth, alleging that an investigation has been commenced in response to a report ...
• 16.1-242 Retention of jurisdiction
  When jurisdiction has been obtained by the court in the case of any child, such jurisdiction may be retained by the court until such person ...
• 16.1-242.1 Retention of jurisdiction; appeals involving children in foster care
  Upon appeal to the circuit court of any case involving a child placed in foster care and in any appeal to the Court of Appeals ...
• 16.1-243 Venue
  A. Original venue: 1. Cases involving children, other than support or where protective order issued: Proceedings with respect to children under this law, except support ...
• 16.1-244 Concurrent jurisdiction; exceptions
  A. Nothing contained in this law shall deprive any other court of the concurrent jurisdiction to determine the custody of children upon a writ of ...
• 16.1-245 Transfer from other courts
  If, during the pendency of a proceeding in any other court, it is ascertained for the first time that exclusive jurisdiction lies within the juvenile ...
• 16.1-245.1 Medical evidence admissible in juvenile and domestic relations district court
  In any civil case heard in a juvenile and domestic relations district court involving allegations of child abuse or neglect or family abuse, any party ...
• 16.1-246 When and how child may be taken into immediate custody
  No child may be taken into immediate custody except: A. With a detention order issued by the judge, the intake officer or the clerk, when ...
• 16.1-247 Duties of person taking child into custody
  A. A person taking a child into custody pursuant to the provisions of subsection A of § 16.1-246, during such hours as the court is ...
• 16.1-248 Description unavailable
  Repealed by Acts 1985, c. 260. ...
• 16.1-248.1 Criteria for detention or shelter care
  A. A juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to § 16.1-247 shall immediately be released, ...
• 16.1-248.2 Mental health screening and assessment for certain juveniles
  Whenever a juvenile is placed in a secure facility pursuant to § 16.1-248.1, the staff of the facility shall gather such information from the juvenile ...
• 16.1-248.3 Medical records of juveniles in secure facility
  Whenever a juvenile is placed in a secure facility or a shelter care facility pursuant to § 16.1-248.1, the director of the facility or his ...
• 16.1-249 Places of confinement for juveniles
  A. If it is ordered that a juvenile remain in detention or shelter care pursuant to § 16.1-248.1, such juvenile may be detained, pending a ...
• 16.1-249.1 Places of confinement to give notice of intake of certain persons.
  A. At the time of receipt of any person, for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to ...
• 16.1-250 Procedure for detention hearing
  A. When a child has been taken into immediate custody and not released as provided in § 16.1-247 or § 16.1-248.1, such child shall appear ...
• 16.1-250.1 Description unavailable
  Repealed by Acts 2004, c. 437, cl. 2, effective July 1, 2005. ...
• 16.1-251 Emergency removal order
  A. A child may be taken into immediate custody and placed in shelter care pursuant to an emergency removal order in cases in which the ...
• 16.1-252 Preliminary removal order; hearing
  A. A preliminary removal order in cases in which a child is alleged to have been abused or neglected may be issued by the court ...
• 16.1-253 Preliminary protective order
  A. Upon the motion of any person or upon the court's own motion, the court may issue a preliminary protective order, after a hearing, if ...
• 16.1-253.1 Preliminary protective orders in cases of family abuse; confidentiality
  A. Upon the filing of a petition alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse, ...
• 16.1-253.2 Violation of provisions of protective orders; penalty
  In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to §§ 16.1-253, 16.1-253.1, ...
• 16.1-253.3 Description unavailable
  Repealed by Acts 1992, c. 886. ...
• 16.1-253.4 Emergency protective orders authorized in certain cases; penalty
  A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex ...
• 16.1-254 Responsibility for and limitation on transportation of children
  A. The detention home having custody or responsibility for supervision of a child pursuant to §§ 16.1-246, 16.1-247, 16.1-248.1, 16.1-249, and 16.1-250 shall be responsible ...
• 16.1-255 Limitation on issuance of detention orders for juveniles; appearance by juvenile
  No detention order shall be issued for any juvenile except when authorized by the judge or intake officer of a juvenile court or by a ...
• 16.1-256 Limitations as to issuance of warrants for juveniles; detention orders
  No warrant of arrest shall be issued for any juvenile by a magistrate, except as follows: 1. As provided in § 16.1-260 on appeal from ...
• 16.1-257 Interference with or obstruction of officer; concealment or removal of child
  No person shall interfere with or obstruct any officer, juvenile probation officer or other officer or employee of the court in the discharge of his ...
• 16.1-258 Bonds and forfeitures thereof
  All bonds and other undertakings taken and approved by any judicial officer as defined in § 19.2-119, either for the appearance of any person or ...
• 16.1-259 Procedure in cases of adults
  A. In cases where an adult is charged with violations of the criminal law pursuant to subdivisions I or J of § 16.1-241, the procedure ...
• 16.1-260 Intake; petition; investigation
  A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in ...
• 16.1-261 Statements made at intake or mental health screening and assessment
  Statements made by a child to the intake officer or probation officer during the intake process or during a mental health screening or assessment conducted ...
• 16.1-262 Form and content of petition
  The petition shall contain the facts below indicated:

  
   "Commonwealth of Virginia, In re  ..." a
   (name of child)
   child under eighteen years of age.
   "In the Juvenile and Domestic Relations District Court of the county (or city)
    of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
   . . ." 
   

  1. Statement of name, age, date of birth, if ...
• 16.1-263 Summonses
  A. After a petition has been filed, the court shall direct the issuance of summonses, one directed to the juvenile, if the juvenile is twelve ...
• 16.1-264 Service of summons; proof of service; penalty
  A. If a party designated in § 16.1-263 A to be served with a summons can be found within the Commonwealth, the summons shall be ...
• 16.1-265 Subpoena; attorney-issued subpoena
  Upon application of a party and pursuant to the rules of the Supreme Court of Virginia for the issuance of subpoenas, the clerk of the ...
• 16.1-266 Appointment of counsel and guardian ad litem
  A. Prior to the hearing by the court of any case involving a child who is alleged to be abused or neglected or who is ...
• 16.1-266.1 Standards for attorneys appointed as guardians ad litem; list of qualified attorneys
  A. On or before January 1, 1995, the Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall ...
• 16.1-266.2 Appointment of pro bono counsel by judges of the First and Second Judicial District in certain case...
  The judges of the juvenile and domestic relations district court of the First and Second Judicial District are authorized to appoint pro bono counsel for ...
• 16.1-267 Compensation of appointed counsel
  A. When the court appoints counsel to represent a child pursuant to subsection A of § 16.1-266 and, after an investigation by the court services ...
• 16.1-268 Order of appointment
  The order of appointment of counsel pursuant to § 16.1-266 shall be filed with and become a part of the record of such proceeding. The ...
• 16.1-269 Description unavailable
  Repealed by Acts 1994, cc. 859 and 949. ...
• 16.1-269.1 Trial in circuit court; preliminary hearing; direct indictment; remand
  A. Except as provided in subsections B and C, if a juvenile fourteen years of age or older at the time of an alleged offense ...
• 16.1-269.2 Admissibility of statement; investigation and report; bail
  A. Statements made by the juvenile at the transfer hearing provided for under § 16.1-269.1 shall not be admissible against him over objection in any ...
• 16.1-269.3 Retention by juvenile court; appeal
  If a case is not transferred following a transfer hearing or is not certified following a probable cause hearing, the judge who conducted the hearing ...
• 16.1-269.4 Transfer to circuit court; appeal by juvenile
  If the juvenile court transfers the case pursuant to subsection A of § 16.1-269.1, the juvenile may, within ten days after the juvenile court's final ...
• 16.1-269.5 Placement of juvenile
  The juvenile court may order placement of the transferred juvenile in either a local correctional facility as approved by the State Board of Corrections pursuant ...
• 16.1-269.6 Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeal...
  A. Within seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1, by either the ...
• 16.1-270 Waiver of jurisdiction of juvenile court in certain cases
  At any time prior to commencement of the adjudicatory hearing, a juvenile fourteen years of age or older charged with an offense which if committed ...
• 16.1-271 Subsequent offenses by juvenile
  Conviction of a juvenile as an adult pursuant to the provisions of this chapter shall preclude the juvenile court for taking jurisdiction of such juvenile ...
• 16.1-272 Power of circuit court over juvenile offender
  A. In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in ...
• 16.1-272.1 Claim of error to be raised within one year
  In addition to any other curative provisions, waivers, procedural defaults, or requirements for timely objection, including but not limited to those in subsection J of ...
• 16.1-273 Court may require investigation of social history and preparation of victim impact statemen...
  A. When a juvenile and domestic relations district court or circuit court has adjudicated any case involving a child subject to the jurisdiction of the ...
• 16.1-274 Time for filing of reports; copies furnished to attorneys; amended reports; fees
  A. Whenever any court directs an investigation pursuant to subsection A of § 16.1-237, § 16.1-273, or § 9.1-153, or an evaluation pursuant to § ...
• 16.1-274.1 Admission of evidence of juvenile's age
  In any proceeding in a district court or circuit court where a juvenile is alleged to have committed a delinquent act, the Commonwealth shall be ...
• 16.1-275 Physical and mental examinations and treatment; nursing and medical care
  The juvenile court or the circuit court may cause any juvenile within its jurisdiction under the provisions of this law to be physically examined and ...
• 16.1-276 Fees and travel expenses of witnesses
  The judge may authorize the payment of the fees and mileage provided by law in § 19.2-278 of any witness or person summoned or otherwise ...
• 16.1-276.1 Description unavailable
  Repealed by Acts 2002, c. 305. ...
• 16.1-276.2 Transportation orders in certain proceedings
  In any proceeding (i) pursuant to subdivisions 2, 4 or 5 of subsection A of § 16.1-241, (ii) pursuant to subsections K or U of ...
• 16.1-276.3 Use of telephonic communication systems or electronic video and audio communication systems to cond...
  Notwithstanding any other provision of law, in any civil proceeding under this chapter in which a party or witness is incarcerated or when otherwise authorized ...
• 16.1-277 Description unavailable
  Repealed by Acts 1999, c. 889. ...
• 16.1-277.01 Approval of entrustment agreement
  A. In any case in which a child has been entrusted pursuant to § 63.2-903 or § 63.2-1817 to the local board of social services ...
• 16.1-277.02 Petition for relief of care and custody
  A. Requests for petitions for relief of the care and custody of a child shall be referred initially to the local department of social services ...
• 16.1-277.1 Time limitation
  A. When a child is held continuously in secure detention, he shall be released from confinement if there is no adjudicatory or transfer hearing conducted ...
• 16.1-278 Cooperation of certain agencies, officials, institutions and associations
  A. The judge may order, after notice and opportunity to be heard, any state, county or municipal officer or employee or any governmental agency or ...
• 16.1-278.1 Definitions
  As used in this article, unless the context clearly indicates otherwise: "Parent" includes parent, guardian, legal custodian, or other person standing in loco parentis. "Public ...
• 16.1-278.2 Abused, neglected, or abandoned children or children without parental care
  A. Within seventy-five days of a preliminary removal order hearing held pursuant to § 16.1-252 or a hearing on a preliminary protective order held pursuant ...
• 16.1-278.3 Relief of care and custody
  A. Within seventy-five days of a hearing on a petition for relief of the care and custody of any child pursuant to § 16.1-277.02 at ...
• 16.1-278.4 Children in need of services
  If a child is found to be in need of services or a status offender, the juvenile court or the circuit court may make any ...
• 16.1-278.5 Children in need of supervision
  A. If a child is found to be in need of supervision, the court shall, before final disposition of the case, direct the appropriate public ...
• 16.1-278.6 Status offenders
  If a child is alleged to be a status offender, including but not limited to those cases in which the juvenile is alleged to have ...
• 16.1-278.7 Commitment to Department of Juvenile Justice
  Only a juvenile who is adjudicated as a delinquent and is 11 years of age or older may be committed to the Department of Juvenile ...
• 16.1-278.7:01 Department to give notice of the receipt of certain persons.
  A. At the time or receipt of any person, for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to ...
• 16.1-278.7:02 Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certai...
  A. Prior to the release or discharge of any persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant ...
• 16.1-278.8 Delinquent juveniles
  A. If a juvenile is found to be delinquent, except where such finding involves a refusal to take a blood or breath test in violation ...
• 16.1-278.8:01 Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees...
  Whenever any juvenile who has not previously been found delinquent of any offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title ...
• 16.1-278.9 Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses; truanc...
  A. If a court has found facts which would justify a finding that a child at least 13 years of age at the time of ...
• 16.1-278.10 Traffic infractions
  In cases involving a child who is charged with a traffic infraction, the court may impose only those penalties which are authorized to be imposed ...
• 16.1-278.11 Mental illness and mental retardation
  In cases involving a person who is involuntarily admitted because of a mental illness or is judicially certified as eligible for admission to a training ...
• 16.1-278.12 When judicial consent in lieu of parental consent authorized
  In cases involving judicial consent to the matters set out in subsections C and D of § 16.1-241, the juvenile court or the circuit court ...
• 16.1-278.13 Work permits; petitions for treatment, etc
  In cases involving judicial consent to apply for a work permit for a child, the juvenile court shall enter an order either granting, in whole ...
• 16.1-278.14 Criminal jurisdiction; protective orders; family offenses
  In cases involving the violation of any law, regulation or ordinance for the education, protection or care of children or involving offenses committed by one ...
• 16.1-278.15 Custody or visitation, child or spousal support generally
  A. In cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241, the court may make any ...
• 16.1-278.16 Failure to comply with support obligation; payroll deduction; commitment
  In cases involving (i) the custody, visitation or support of a child arising under subdivision A 3 of § 16.1-241, (ii) spousal support arising under ...
• 16.1-278.17 Pendente lite support
  In cases involving (i) the custody, visitation or support of a child arising under subdivision A 3 of § 16.1-241, (ii) spousal support arising under ...
• 16.1-278.17:1 Formula for determination of pendente lite spousal support.
  A. There shall be a presumption in any judicial proceeding for pendente lite spousal support and maintenance under this title that the amount of the ...
• 16.1-278.18 Money judgments
  A. Each juvenile and domestic relations district court may enter judgment for money in any amount for arrears of support and maintenance of any person ...
• 16.1-278.19 Attorneys' fees
  In any matter properly before the court, the court may award attorneys' fees and costs on behalf of any party as the court deems appropriate ...
• 16.1-279 Description unavailable
  Repealed by Acts 1991, c. 534. ...
• 16.1-279.1 Protective order in cases of family abuse
  A. In cases of family abuse, the court may issue a protective order to protect the health and safety of the petitioner and family or ...
• 16.1-280 Commitment of mentally ill or mentally retarded juveniles
  When any juvenile court has found a juvenile to be in need of services or delinquent pursuant to the provisions of this law and reasonably ...
• 16.1-281 Foster care plan
  A. In any case in which (i) a local board of social services places a child through an agreement with the parents or guardians where ...
• 16.1-282 Foster care review
  A. In the case of a child who was the subject of a foster care plan filed with the court pursuant to § 16.1-281, a ...
• 16.1-282.1 Permanency planning hearing for children in foster care
  A. In the case of a child who was the subject of a foster care plan filed with the court pursuant to § 16.1-281, a ...
• 16.1-282.2 Annual foster care review
  A. The court shall review a foster care plan annually for any child who remains in the legal custody of a local board of social ...
• 16.1-283 Termination of residual parental rights
  A. The residual parental rights of a parent or parents may be terminated by the court as hereinafter provided in a separate proceeding if the ...
• 16.1-284 When adult sentenced for juvenile offense
  When the juvenile court sentences an adult who has committed, before attaining the age of eighteen, an offense which would be a crime if committed ...
• 16.1-284.1 Placement in secure local facility
  A. If a juvenile fourteen years of age or older is found to have committed an offense which if committed by an adult would be ...
• 16.1-285 Duration of commitments
  Except as provided in § 16.1-285.1, all commitments under this chapter shall be for an indeterminate period having regard to the welfare of the juvenile ...
• 16.1-285.1 Commitment of serious offenders
  A. In the case of a juvenile fourteen years of age or older who has been found guilty of an offense which would be a ...
• 16.1-285.2 Release and review hearing for serious offender
  A. Upon receipt of a petition of the Department of Juvenile Justice for a hearing concerning a juvenile committed under § 16.1-285.1, the court shall ...
• 16.1-286 Cost of maintenance; approval of placement; semiannual review
  A. When the court determines that the behavior of a child within its jurisdiction is such that it cannot be dealt with in the child's ...
• 16.1-287 Transfer of information upon commitment; information to be furnished by and to local school board...
  Whenever the court commits a child to the Department of Juvenile Justice, or to any other institution or agency, it shall transmit with the order ...
• 16.1-288 Protection of religious affiliations
  In placing a child under the guardianship or custody of an individual or of a private agency or institution, the court shall whenever practicable select ...
• 16.1-289 Review of order of commitment
  The juvenile court or the circuit court, as the case may be, of its own motion may reopen any case and may modify or revoke ...
• 16.1-289.1 Motions to reconsider orders for participation in continuing programs
  When a person is ordered to participate in therapy, counseling or similar continuing programs, a motion may be filed with the court to reconsider the ...
• 16.1-290 Support of committed juvenile; support from estate of juvenile
  A. Whenever (i) legal custody of a juvenile is vested by the court in someone other than his parents or (ii) a juvenile is placed ...
• 16.1-290.1 Payment for court-ordered counseling, treatment or programs
  The court shall order the participant in any treatment, counseling or other program for the rehabilitation of a minor child or his family to pay ...
• 16.1-291 Revocation or modification of probation, protective supervision or parole; proceedings; dispositio...
  A. A juvenile or person who violates an order of the juvenile court entered into pursuant to §§ 16.1-278.2 through 16.1-278.10, who violates the conditions ...
• 16.1-292 Violation of court order by any person
  A. Any person violating an order of the juvenile court entered pursuant to §§ 16.1-278.2 through 16.1-278.19, including a parent subject to an order issued ...
• 16.1-293 Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway hous...
  At such time as the court commits a juvenile to the Department, the juvenile and domestic relations district court service unit shall maintain contact with ...
• 16.1-293.1 Mental health services transition plan
  A. The Board of Juvenile Justice, after consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall promulgate regulations for the ...
• 16.1-294 Placing child on parole in foster home or with institution; how cost paid
  When the child is returned to the custody of the court for parole supervision by the court service unit or the local department of social ...
• 16.1-295 Transfer of supervision from one county or city to another, or to another state
  If any person on probation to or under the supervision of any juvenile probation officer or other officer of the court removes his residence or ...
• 16.1-296 Jurisdiction of appeals; procedure
  A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal ...
• 16.1-296.1 Description unavailable
  Repealed by Acts 1999, c. 161. ...
• 16.1-296.2 Appeals of certain custody and visitation proceedings
  A. In any matter in which a filing fee either was or could have been assessed pursuant to § 16.1-69.48:5, no appeal shall be allowed ...
• 16.1-297 Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile cour...
  Upon the rendition of final judgment upon an appeal from the juvenile and domestic relations district court, the circuit court shall cause a copy of ...
• 16.1-298 Effect of petition for or pendency of appeal; bail
  A. Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not suspend any judgment, order or ...
• 16.1-299 Fingerprints and photographs of juveniles
  A. All duly constituted police authorities having the power of arrest shall take fingerprints and photographs of any juvenile who is taken into custody and ...
• 16.1-299.1 Sample required for DNA analysis upon conviction or adjudication of felony
  A juvenile convicted of a felony or adjudicated delinquent on the basis of an act which would be a felony if committed by an adult ...
• 16.1-299.2 Description unavailable
  Repealed by Acts 2005, c. 843, cl. 2. ...
• 16.1-300 Confidentiality of Department records
  A. The social, medical, psychiatric and psychological reports and records of children who are or have been (i) before the court, (ii) under supervision, or ...
• 16.1-301 Confidentiality of law-enforcement records; disclosures to school principal
  A. The court shall require all law-enforcement agencies to take special precautions to ensure that law-enforcement records concerning a juvenile are protected against disclosure to ...
• 16.1-302 Dockets, indices and order books; when hearings and records private; right to public hearing; prese...
  A. Every juvenile court shall keep a separate docket of cases arising under this law. B. Every circuit court shall keep a separate docket, index, ...
• 16.1-302.1 Right of victim or representative to attend certain proceedings; notice of hearings
  During proceedings involving petitions or warrants alleging that a juvenile is delinquent, including proceedings on appeal, a victim may remain in the courtroom and shall ...
• 16.1-303 Reports of court officials and employees when privileged
  All information obtained in discharge of official duties by any official or by any employee of the court shall be privileged, and shall not be ...
• 16.1-304 Description unavailable
  Repealed by Acts 1983, c. 499. ...
• 16.1-305 Confidentiality of court records
  A. Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in ...
• 16.1-305.1 Disclosure of disposition in certain delinquency cases
  Upon a court's disposition of a proceeding where a juvenile is charged with a crime listed in subsection G of § 16.1-260 in which a ...
• 16.1-305.2 Disclosure of notice of the filing of a petition by division superintendent
  Except as otherwise provided in this section, a division superintendent shall not disclose information contained in or derived from a notice of petition received pursuant ...
• 16.1-306 Expungement of court records
  A. Notwithstanding the provisions of § 16.1-69.55, the clerk of the juvenile and domestic relations district court shall, on January 2 of each year or ...
• 16.1-307 Circuit court records regarding juveniles
  In proceedings against a juvenile in the circuit court in which the circuit court deals with the child in the same manner as a case ...
• 16.1-308 Effect of adjudication on status of child
  Except as otherwise provided by law for a juvenile found guilty of a felony in circuit court whose case is disposed of in the same ...
• 16.1-309 Penalty
  A. Except as provided in §§ 16.1-299, 16.1-300, 16.1-301, 16.1-305 and 16.1-307, any person who (i) files a petition, (ii) receives a petition or has ...
• 16.1-309.1 Exception as to confidentiality
  A. Notwithstanding any other provision of this article, where consideration of public interest requires, the judge shall make available to the public the name and ...
• 16.1-309.2 Purpose and intent
  The General Assembly, to ensure the imposition of appropriate and just sanctions and to make the most efficient use of correctional resources for those juveniles ...
• 16.1-309.3 Establishment of a community-based system of services; biennial local plan; quarterly repor...
  A. Any county, city or combination thereof may establish a community-based system pursuant to this article, which shall provide, or arrange to have accessible, a ...
• 16.1-309.4 Statewide plan for juvenile services
  It shall be the duty of the Department of Juvenile Justice to devise, develop and promulgate a statewide plan for the establishment and maintenance of ...
• 16.1-309.5 Construction, etc., of detention homes and other facilities; reimbursement in part by Commonwealt...
  A. The Commonwealth shall reimburse any county, city or any combination thereof for one-half the cost of construction, enlargement, renovation, purchase or rental of a ...
• 16.1-309.6 How state appropriations for operating costs of Juvenile Community Crime Control Act programs deter...
  The Governor's proposed biennial budget shall include, for each fiscal year, an appropriation for operating costs for Juvenile Community Crime Control Act programs. The proposed ...
• 16.1-309.7 Determination of payment
  A. The Commonwealth shall provide financial assistance to localities whose plans have been approved pursuant to subsection D of § 16.1-309.3 in quarterly payments based ...
• 16.1-309.8 Costs of maintenance of juveniles in Community Crime Control Act programs
  Any county, city or combination thereof operating a Juvenile Community Crime Control Act program may collect from any locality of this Commonwealth from which a ...
• 16.1-309.9 Establishment of standards; determination of compliance
  A. The State Board of Juvenile Justice shall develop, promulgate and approve standards for the development, implementation, operation and evaluation of the range of community-based ...
• 16.1-309.10 Visitation and management of detention homes; other facilities; reports of superintendent
  In the event that a detention home, group home or other residential care facility for children in need of services or delinquent or alleged delinquent ...
• 16.1-310 through 16.1-314
  

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• 16.1-315 Joint or regional citizen detention commissions authorized
  The governing bodies of three or more counties, cities or towns (hereinafter referred to as "political subdivisions") may, by concurrent ordinances or resolutions, provide for ...
• 16.1-316 Number and terms of members; admission of additional local governing bodies
  A juvenile detention home, group home or other residential care facility commission shall consist of not less than three members and shall be comprised of ...
• 16.1-317 Quorum; chairman; rules of procedure; compensation
  The appointive members of the commission shall constitute the commission, and the powers of the commission shall be vested in and exercised by the members ...
• 16.1-318 Powers of commission generally; supervision by Director of Department of Juvenile Justice
  Each commission created hereunder shall have all powers necessary or convenient for carrying out the general purposes of this article, including the following powers in ...
• 16.1-319 Acquisition of property by commission
  The commission shall have the right to acquire by eminent domain any real property, including fixtures and improvements, which it may deem necessary to carry ...
• 16.1-320 Property of commission exempt from execution and judgment liens
  All property of the commission shall be exempt from levy and sale by virtue of an execution. No judgment against the commission shall be a ...
• 16.1-321 Appropriations by political subdivisions; issuance of bonds
  The political subdivisions for which the commission is created are authorized to make appropriations to the commission from available funds for the construction, improvement, maintenance ...
• 16.1-322 Record of commission; reports
  The commission shall keep and preserve complete records of its administrative operations and transactions, which records shall be open to inspection by the participating political ...
• 16.1-322.1 Apportionment of funds to localities or commissions operating juvenile secure detention facilities ...
  The Department shall apportion among the localities or commissions operating a juvenile secure detention facility the moneys appropriated to the Department in the general appropriation ...
• 16.1-322.2 Payment of funds quarterly; distribution and reallocation of reserve
  State moneys appropriated to the Department for the support of local juvenile secure detention facilities and apportioned in accordance with § 16.1-322.1 shall be paid ...
• 16.1-322.3 Localities and commissions to make monthly reports to Director; penalty for willfully falsifying in...
  Each locality or commission eligible to receive state funds in accordance with the terms of this article shall report each month to the Director on ...
• 16.1-322.4 Payments for children from other counties or cities
  Any locality or commission operating a juvenile secure detention facility may collect from any locality of this Commonwealth from which a child is placed in ...
• 16.1-322.5 State Board may authorize private construction, operation, etc., of local or regional detention hom...
  A. The State Board of Juvenile Justice may authorize a county or city or any combination of counties, cities, or towns established pursuant to § ...
• 16.1-322.6 Powers and duties not delegable to contractor
  No contract for juvenile correctional facilities or programs shall authorize, allow, or imply a delegation of authority or responsibility to a juvenile correctional facilities or ...
• 16.1-322.7 State Board to promulgate regulations
  The State Board shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of local or regional detention homes or ...
• 16.1-323 (Contingent expiration date, see Editor's note) Governor to execute; form of compact
  The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, with any other state or states legally ...
• 16.1-323.1 (Contingent effective date, see Editor's note) State Council for Interstate Compact for Juveniles...
  A. The Virginia Council for the Interstate Compact for Juveniles (the Council) is created as a policy council, within the meaning of § 2.2-2100, in ...
• 16.1-324 (Contingent repeal date - see Editor's note) Legislative findings and policy
  It is hereby found and declared: (i) that juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, ...
• 16.1-325 (Contingent repeal date - see Editor's note) Compact administrator
  Pursuant to the compact set forth in § 16.1-323, the Governor is hereby authorized and empowered to designate an officer who shall be the compact ...
• 16.1-326 (Contingent repeal date - see Editor's note) Supplementary agreements
  The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the ...
• 16.1-327 (Contingent repeal date - see Editor's note) Discharging financial obligations imposed by compact ...
  The compact administrator may make or arrange for any payments necessary to discharge any financial obligation imposed upon this Commonwealth by the compact or by ...
• 16.1-328 (Contingent repeal date - see Editor's note) Jurisdiction
  The juvenile and domestic relations district courts of the Commonwealth shall have exclusive jurisdiction of juveniles within the operation of the compact. (Code 1950, § ...
• 16.1-329 (Contingent repeal date - see Editor's note) Additional procedure for returning runaways not precl...
  In addition to any procedure provided in Articles IV and VI of the compact for the return of any runaway juvenile, the particular states, the ...
• 16.1-330 (Contingent repeal date - see Editor's note) Amendment to compact
  A. This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same. B. ...
• 16.1-330.1 Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; p...
  A. For purposes of this article, a serious or habitual juvenile offender is a minor who has been (i) adjudicated delinquent or convicted of murder ...
• 16.1-330.2 Immunity
  Any staff person or agency who is sharing information within the structure of a SHOCAP committee established pursuant to this article shall have immunity from ...
• 16.1-331 Petition for emancipation
  Any minor who has reached his sixteenth birthday and is residing in this Commonwealth, or any parent or guardian of such minor, may petition the ...
• 16.1-332 Orders of court; investigation, report and appointment of counsel
  If deemed appropriate the court may (i) require the local department of social services or any other agency or person to investigate the allegations in ...
• 16.1-333 Findings necessary to order that minor is emancipated
  The court may enter an order declaring the minor emancipated if, after a hearing, it is found that: (i) the minor has entered into a ...
• 16.1-334 Effects of order
  An order that a minor is emancipated shall have the following effects: 1. The minor may consent to medical, dental, or psychiatric care, without parental ...
• 16.1-334.1 Identification card issued to minor by DMV
  When entering an emancipation order under § 16.1-333, the court shall issue to the emancipated minor a copy of the order. Upon application to the ...
• 16.1-335 Short title
  The provisions of this article shall be known and may be cited as "The Psychiatric Inpatient Treatment of Minors Act." (1990, c. 975.) ...
• 16.1-336 Definitions
  When used in this article, unless the context otherwise requires: "Consent" means the voluntary, express, and informed agreement to treatment in a mental health facility ...
• 16.1-337 Inpatient treatment of minors; general applicability
  A. A minor may be admitted to a mental health facility for inpatient treatment only pursuant to § 16.1-338, 16.1-339, or 16.1-340 or in accordance ...
• 16.1-338 Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or olde...
  A. A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment upon application and with ...
• 16.1-339 Parental admission of an objecting minor 14 years of age or older
  A. A minor 14 years of age or older who (i) objects to admission, or (ii) is incapable of making an informed decision may be ...
• 16.1-340 Emergency admission
  A minor, including a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations court, may be taken into ...
• 16.1-341 Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel
  A. A petition for the involuntary commitment of a minor may be filed with the juvenile and domestic relations district court serving the jurisdiction in ...
• 16.1-342 Involuntary commitment; clinical evaluation
  Upon the filing of a petition for involuntary commitment, the juvenile and domestic relations district court shall direct the community services board serving the area ...
• 16.1-343 Involuntary commitment; duties of attorney for the minor
  As far as possible in advance of any action taken pursuant to the filing of a petition under § 16.1-339, a hearing conducted under § ...
• 16.1-344 Involuntary commitment; hearing
  The court shall summon to the hearing all material witnesses requested by either the minor or the petitioner. All testimony shall be under oath. The ...
• 16.1-345 Involuntary commitment; criteria
  The court shall order the involuntary commitment of the minor to a mental health facility for treatment for a period not to exceed 90 days ...
• 16.1-345.1 Use of electronic communication
  A. Petitions and orders for emergency custody pursuant to § 37.2-808, temporary detention pursuant to § 37.2-809, and involuntary commitment pursuant to § 16.1-341 of ...
• 16.1-346 Treatment plans; periodic review of status
  A. Within ten days of commitment ordered under § 16.1-345, the director of the facility to which the minor was committed shall ensure that an ...
• 16.1-346.1 Discharge plan
  Prior to discharge of any minor admitted to inpatient treatment, including a minor in detention or shelter care pursuant to an order of a juvenile ...
• 16.1-347 Fees and expenses for qualified evaluators
  Every qualified evaluator appointed by the court to conduct an evaluation pursuant to § 16.1-342 who is not regularly employed by the Commonwealth shall be ...
• 16.1-348 Availability of judge
  The chief judge of every juvenile and domestic relations district court shall establish and require that a judge be available seven days a week, 24 ...
• 16.1-349 Definitions
  "Attending physician" means the physician who has primary responsibility for the treatment and care of a qualified parent. "Designation" means a writing which (i) is ...
• 16.1-350 Petition for court approval of standby guardian
  A. Upon petition of any person, the juvenile court of the jurisdiction in which a child resides may approve a person as standby guardian for ...
• 16.1-351 Court order approving standby guardianship; authority; when effective
  Upon consideration of the factors set out in § 20-124.3 and finding that (i) the child's parent is a qualified parent and (ii) appointment of ...
• 16.1-352 Written designation of a standby guardian by a parent; commencement of authority; court approval re...
  A. A parent may execute a written designation of a standby guardian at any time. The written designation shall state: 1. The name, address and ...
• 16.1-353 Further proceedings to determine permanent guardianship, custody
  A. If the triggering event was death of the qualified parent, within ninety days following the occurrence of the triggering event or, if later, commencement ...
• 16.1-354 Revocation, refusal, termination of standby guardianship
  A. The authority of a standby guardian approved by the court may be revoked by the qualified parent by his filing a notice of revocation ...
• 16.1-355 Review of standby guardianship
  A child's parent, stepparent, adult sibling or any adult related to the child by blood, marriage or adoption may petition the court which approved the ...
• 16.1-356 Raising question of competency to stand trial; evaluation and determination of competency
  A. If, at any time after the attorney for the juvenile has been retained or appointed pursuant to a delinquency proceeding and before the end ...
• 16.1-357 Disposition when juvenile found incompetent
  A. Upon finding pursuant to subsection F of § 16.1-356 that the juvenile is incompetent, the court shall order that the juvenile receive services to ...
• 16.1-358 Disposition of the unrestorably incompetent juvenile
  If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of § 16.1-357, the agent providing restoration concludes that ...
• 16.1-359 Litigating certain issues when the juvenile is incompetent
  A finding of incompetency does not preclude the adjudication, at any time before trial, of a motion objecting to the sufficiency of the petition, nor ...
• 16.1-360 Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication o...
  No statement or disclosure by the juvenile concerning the alleged offense made during a competency evaluation ordered pursuant to § 16.1-356, or services ordered pursuant ...
• 16.1-361 Compensation of experts
  Each psychiatrist, clinical psychologist, licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, or other expert appointed by the court to render ...

Last modified: April 2, 2009