Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Chapter 8 Emergency Custody And Voluntary And Involuntary Civil Admissions

• 37.2-800 Applicability of chapter
  For the purposes of this chapter, whenever the term mental illness appears, it shall include substance abuse. Whenever the term responsible person appears, it shall ...
• 37.2-801 Admission procedures; forms
  A. Any person alleged to have a mental illness to a degree that warrants treatment in a facility may be admitted to a facility by ...
• 37.2-802 Interpreters in admission or certification proceedings
  A. In any proceeding pursuant to § 37.2-806 or §§ 37.2-809 through 37.2-820 in which a person who is deaf is alleged to have mental ...
• 37.2-803 Special justices to perform duties of judge
  The chief judge of each judicial circuit may appoint one or more special justices, for the purpose of performing the duties required of a judge ...
• 37.2-804 Fees and expenses
  A. Any special justice, retired judge sitting by designation pursuant to § 16.1-69.35, or any district court substitute judge who presides over hearings pursuant to ...
• 37.2-804.1 Use of electronic communication
  A. Petitions and orders for emergency custody and temporary detention pursuant to this chapter may be filed, issued, served, or executed by electronic means, with ...
• 37.2-804.2 Disclosure of records
  Any health care provider, as defined in § 32.1-127.1:03, or other provider who has provided or is currently providing services to a person who is ...
• 37.2-805 Voluntary admission
  Any state facility shall admit any person requesting admission who has been (i) screened by the community services board or behavioral health authority that serves ...
• 37.2-806 Judicial certification of eligibility for admission of persons with mental retardation
  A. Whenever a person alleged to have mental retardation is not capable of requesting admission to a training center pursuant to § 37.2-805, a parent ...
• 37.2-807 Emergency or respite care admissions to training centers.
  The Board may adopt regulations to provide for emergency and respite care admissions to training centers. A respite care or emergency admission made pursuant to ...
• 37.2-808 Emergency custody; issuance and execution of order
  A. Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion, an emergency custody order when ...
• 37.2-809 Involuntary temporary detention; issuance and execution of order
  A. For the purposes of this section: "Designee of the local community services board" means an examiner designated by the local community services board who ...
• 37.2-810 Transportation of person in the temporary detention process
  A. The magistrate issuing the temporary detention order shall specify the law-enforcement agency and jurisdiction that shall execute the temporary detention order and provide transportation. ...
• 37.2-811 Emergency treatment of defendants prior to trial
  A. In any case in which temporary detention is ordered pursuant to § 37.2-809 upon petition of a person having custody of a defendant in ...
• 37.2-812 Temporary detention and involuntary admission of minors
  In any case in which temporary detention is ordered pursuant to § 37.2-809 upon petition for involuntary admission of a minor, the petition shall be ...
• 37.2-813 Release of person prior to commitment hearing for involuntary admission
  Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819 or § 16.1-341, the district court judge or special justice may release the person ...
• 37.2-814 Commitment hearing for involuntary admission; written explanation; right to counsel; rights of peti...
  A. The commitment hearing for involuntary admission shall be held after a sufficient period of time has passed to allow for completion of the examination ...
• 37.2-815 Commitment hearing for involuntary admission; examination required
  A. Notwithstanding § 37.2-814, the district court judge or special justice shall require an examination of the person who is the subject of the hearing ...
• 37.2-816 Commitment hearing for involuntary admission; preadmission screening report
  The district court judge or special justice shall require a preadmission screening report from the community services board that serves the county or city where ...
• 37.2-817 Involuntary admission and mandatory outpatient treatment orders
  A. The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the ...
• 37.2-817.1 Monitoring mandatory outpatient treatment; petition for hearing
  A. The community services board where the person resides shall monitor the person's compliance with the mandatory outpatient treatment plan ordered by the court pursuant ...
• 37.2-817.2 Court review of mandatory outpatient treatment plan
  A. The district court judge or special justice shall hold a hearing within five days after receiving the petition for review of the mandatory outpatient ...
• 37.2-817.3 Rescission of mandatory outpatient treatment order
  A. If the community services board determines at any time prior to the expiration of the mandatory outpatient treatment order that the person has complied ...
• 37.2-817.4 Continuation of mandatory outpatient treatment order
  A. At any time within 30 days prior to the expiration of a mandatory outpatient treatment order, the community services board that is required to ...
• 37.2-818 Commitment hearing for involuntary admission; recordings and records
  A. The district court judge or special justice shall make or cause to be made a tape or other audio recording of any hearings held ...
• 37.2-819 Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain volun...
  A. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission to a facility or for mandatory outpatient ...
• 37.2-820 Place of hearing
  The hearing provided for pursuant to §§ 37.2-814 through 37.2-819 may be conducted by the district court judge or a special justice at the convenient ...
• 37.2-821 Appeal of involuntary admission or certification order
  A. Any person involuntarily admitted to an inpatient facility or ordered to mandatory outpatient treatment pursuant to §§ 37.2-814 through 37.2-819 or certified as eligible ...
• 37.2-822 Treatment of person admitted while appeal is pending
  Whenever the director of any facility reasonably believes that treatment is necessary to protect the life, health, or safety of a person, treatment may be ...
• 37.2-823 Examination of admission papers by director; examination of persons admitted
  A. Upon the receipt of any order for admission of any person, the director of the facility shall immediately examine the admission papers and, if ...
• 37.2-824 Periodic review of all persons for purposes of retention
  The director of a state facility shall conduct a review of the progress of each person admitted to the facility at intervals of 30, 60, ...
• 37.2-825 Admission raises no presumption of legal incapacity.
  The admission of any person to a facility shall not, of itself, create a presumption of legal incapacity. (1968, c. 477, § 37.1-87; 1997, c. ...
• 37.2-826 Disposition of nonresidents
  If it appears that the person examined has a mental illness and is not a resident of the Commonwealth, the same proceedings shall be had ...
• 37.2-827 Admission of aliens
  Whenever any person is admitted to a state facility, the Commissioner shall inquire forthwith into the nationality of the person. If it shall appear that ...
• 37.2-828 Receiving and maintaining federal prisoners in state facilities
  The Commissioner is authorized to enter into a contract with the United States, through the Director of the United States Bureau of Prisons or other ...
• 37.2-829 Transportation of person in civil admission process
  When a person has been ordered to be admitted to a facility under §§ 37.2-814 through 37.2-821, a determination shall be made by the judge ...
• 37.2-830 Custody of person ordered to be admitted for purpose of transportation
  Any judge or special justice may order that a person admitted pursuant to this chapter be placed in the custody of any responsible person, including ...
• 37.2-831 Detention in jail after order of admission
  It shall be unlawful for any sheriff, sergeant, or other officer to use any jail or other place of confinement for criminals as a place ...
• 37.2-832 Persons with mental illness not to be confined in cells with criminals
  In no case shall any sheriff or jailer confine any person with mental illness in a cell or room with prisoners charged with or convicted ...
• 37.2-833 Escape, sickness, death, or discharge of a person ordered to be involuntarily admitted while in cus...
  If any person who has been ordered to be involuntarily admitted to a facility escapes, becomes too sick to travel, dies, or is discharged by ...
• 37.2-834 Arrest of certain persons involuntarily admitted
  If a person involuntarily admitted to a facility escapes, the director may forthwith issue a warrant directed to any officer authorized to make arrests, who ...
• 37.2-835 Arrest without warrant
  Any officer authorized to make arrests is authorized to make an arrest under a warrant issued under the provisions of § 37.2-833 or 37.2-834, without ...
• 37.2-836 Employees to accompany persons admitted voluntarily to facilities
  When application is made to the director of a facility for admission pursuant to § 37.2-805, he may send an employee from the facility to ...
• 37.2-837 Discharge from state hospitals or training centers, conditional release, and trial or home visits f...
  A. Except for a state hospital consumer held upon an order of a court for a criminal proceeding, the director of a state hospital or ...
• 37.2-838 Discharge of persons from a licensed hospital
  The person in charge of a licensed hospital may discharge any consumer involuntarily admitted who is recovered or, if not recovered, whose discharge will not ...
• 37.2-839 Exchange of information between community services boards or behavioral health authorities and stat...
  Community services boards or behavioral health authorities and state facilities may, when the individual has refused authorization, exchange the information required to prepare and implement ...
• 37.2-840 Transfer of consumers
  A. The Commissioner may order the transfer of a consumer from one state hospital to another or from one training center to another. When so ...
• 37.2-841 Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other faci...
  Whenever it appears that a person with mental illness is a veteran eligible for treatment in a Veterans' Affairs hospital, center, or other facility or ...
• 37.2-842 Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or install...
  Every veteran, after admission to a Veterans Affairs hospital, center, or other facility or installation, either upon initial admission or transfer, shall be subject to ...
• 37.2-843 Providing drugs or medicines for certain persons discharged from state facilities
  When any consumer is discharged from a state facility and he or the person liable for his care and treatment is financially unable to pay ...
• 37.2-844 Habeas corpus as means
  A. Any person held in custody because of his mental illness may by petition for a writ of habeas corpus have the question of the ...
• 37.2-845 Procedure when person confined in facility or other institution
  A. If the person referenced in § 37.2-844 is held in custody and actually confined in any facility or other institution, he may file his ...
• 37.2-846 Procedure when person not confined in facility or other institution
  A. In all cases, other than those provided for in § 37.2-845, the person may file his petition in the circuit court of the county ...
• 37.2-847 Duty of attorney for Commonwealth
  In any case to test the legality of the detention of a person pursuant to this article, whether by habeas corpus or otherwise, the attorney ...

Last modified: April 3, 2009