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2019 Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 11 - Juvenile and Domestic Relations District Courts
Article 1. General Provisions
- § 16.1-226. Short title
- § 16.1-227. Purpose and intent
- § 16.1-228. (Effective October 1, 2019) Definitions
- § 16.1-228. (Effective until October 1, 2019) Definitions
- § 16.1-229. This chapter controlling in event of conflict
- § 16.1-229.1. Removal of a child; names and contact information of persons with a legitimate interest
Article 2. Organization and Personnel
- § 16.1-230. Organization and operation of juvenile and domestic relations district courts
- § 16.1-231. Rules of procedure
- § 16.1-232. Attorney for the Commonwealth to prosecute certain cases and represent Commonwealth on appeal
- § 16.1-233. Department to develop court services; court services units; appointment and removal of employees; salaries
- § 16.1-234. Duties of Department; provision of quarters, utilities, and office equipment to court service unit
- § 16.1-235. How probation, parole and related court services provided
- § 16.1-235.1. Provision of court services; replacement intake officers
- § 16.1-236. Supervisory officers
- § 16.1-236.1. Court services unit directors
- § 16.1-237. Powers, duties and functions of probation and parole officers
- § 16.1-238. Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses
- § 16.1-239. Payment of traveling expenses of court officers; reimbursement
- § 16.1-240. Citizens advisory council
Article 3. Jurisdiction and Venue
- § 16.1-241. Jurisdiction; consent for abortion
- § 16.1-241.1. Repealed
- § 16.1-241.2. Proceedings against certain parents
- § 16.1-241.3. Newborn children; substance abuse
- § 16.1-242. Retention of jurisdiction
- § 16.1-242.1. Retention of jurisdiction; appeals involving children in foster care
- § 16.1-243. Venue
- § 16.1-244. Concurrent jurisdiction; exceptions
- § 16.1-245. Transfer from other courts
- § 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court
Article 4. Immediate Custody, Arrest, Detention and Shelter Care
- § 16.1-246. When and how child may be taken into immediate custody
- § 16.1-247. Duties of person taking child into custody
- § 16.1-248. Repealed
- § 16.1-248.1. Criteria for detention or shelter care
- § 16.1-248.2. Mental health screening and assessment for certain juveniles
- § 16.1-248.3. Medical records of juveniles in secure facility
- § 16.1-249. Places of confinement for juveniles
- § 16.1-249.1. Places of confinement to give notice of intake of certain persons
- § 16.1-250. Procedure for detention hearing
- § 16.1-250.1. Repealed
- § 16.1-251. Emergency removal order
- § 16.1-252. Preliminary removal order; hearing
- § 16.1-253. Preliminary protective order
- § 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality
- § 16.1-253.2. Violation of provisions of protective orders; penalty
- § 16.1-253.3. Repealed
- § 16.1-253.4. Emergency protective orders authorized in certain cases; penalty
- § 16.1-254. Responsibility for and limitation on transportation of children
- § 16.1-255. Limitation on issuance of detention orders for juveniles; appearance by juvenile
- § 16.1-256. Limitations as to issuance of warrants for juveniles; detention orders
- § 16.1-257. Interference with or obstruction of officer; concealment or removal of child
- § 16.1-258. Bonds and forfeitures thereof
Article 5. Intake, Petition and Notice
- § 16.1-259. Procedure in cases of adults
- § 16.1-260. Intake; petition; investigation
- § 16.1-261. Statements made at intake or mental health screening and assessment
- § 16.1-262. Form and content of petition
- § 16.1-263. Summonses
- § 16.1-264. Service of summons; proof of service; penalty
- § 16.1-265. Subpoena; attorney-issued subpoena
Article 6. Appointment of Counsel
- § 16.1-266. Appointment of counsel and guardian ad litem
- § 16.1-266.1. Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians
- § 16.1-266.2. Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases
- § 16.1-267. Compensation of appointed counsel
- § 16.1-268. Order of appointment
Article 7. Transfer and Waiver
- § 16.1-269. Repealed
- § 16.1-269.1. Trial in circuit court; preliminary hearing; direct indictment; remand
- § 16.1-269.2. Admissibility of statement; investigation and report; bail
- § 16.1-269.3. Retention by juvenile court; appeal
- § 16.1-269.4. Transfer to circuit court; appeal by juvenile
- § 16.1-269.5. Placement of juvenile
- § 16.1-269.6. Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals
- § 16.1-270. Waiver of jurisdiction of juvenile court in certain cases
- § 16.1-271. Subsequent offenses by juvenile
- § 16.1-272. Power of circuit court over juvenile offender
- § 16.1-272.1. Claim of error to be raised within one year
Article 8. Adjudication
- § 16.1-273. Court may require investigation of social history and preparation of victim impact statement
- § 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees
- § 16.1-274.1. Admission of evidence of juvenile's age
- § 16.1-274.2. Certain education records as evidence
- § 16.1-275. Physical and mental examinations and treatment; nursing and medical care
- § 16.1-276. Fees and travel expenses of witnesses
- § 16.1-276.1. Repealed
- § 16.1-276.2. Transportation orders in certain proceedings
- § 16.1-276.3. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing
- § 16.1-277. Repealed
- § 16.1-277.01. Approval of entrustment agreement
- § 16.1-277.02. Petition for relief of care and custody
- § 16.1-277.1. Time limitation
- § 16.1-277.2. Rejection of plea agreement; recusal
Article 9. Disposition
- § 16.1-278. Cooperation of certain agencies, officials, institutions and associations
- § 16.1-278.1. Definitions
- § 16.1-278.2. Abused, neglected, or abandoned children or children without parental care
- § 16.1-278.3. Relief of care and custody
- § 16.1-278.4. Children in need of services
- § 16.1-278.5. Children in need of supervision
- § 16.1-278.6. Status offenders
- § 16.1-278.7. Commitment to Department of Juvenile Justice
- § 16.1-278.7:01. Department to give notice of the receipt of certain persons
- § 16.1-278.7:02. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons
- § 16.1-278.8. Delinquent juveniles
- § 16.1-278.8:01. Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs
- § 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy
- § 16.1-278.10. Traffic infractions
- § 16.1-278.11. Mental illness and intellectual disability
- § 16.1-278.12. When judicial consent in lieu of parental consent authorized
- § 16.1-278.13. Work permits; petitions for treatment, etc.
- § 16.1-278.14. Criminal jurisdiction; protective orders; family offenses
- § 16.1-278.15. Custody or visitation, child or spousal support generally
- § 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment
- § 16.1-278.17. Pendente lite support
- § 16.1-278.17:1. Formula for determination of pendente lite spousal support
- § 16.1-278.18. Money judgments
- § 16.1-278.19. Attorneys' fees
- § 16.1-279. Repealed
- § 16.1-279.1. Protective order in cases of family abuse
- § 16.1-280. Commitment of juveniles with mental illness or intellectual disability
- § 16.1-281. Foster care plan
- § 16.1-282. Foster care review
- § 16.1-282.1. Permanency planning hearing for children in foster care
- § 16.1-282.2. Annual foster care review
- § 16.1-283. Termination of residual parental rights
- § 16.1-283.1. Authority to enter into voluntary post-adoption contact and communication agreement
- § 16.1-283.2. Restoration of parental rights
- § 16.1-284. When adult sentenced for juvenile offense
- § 16.1-284.1. Placement in secure local facility
- § 16.1-285. Duration of commitments
- § 16.1-285.1. Commitment of serious offenders
- § 16.1-285.2. Release and review hearing for serious offender
- § 16.1-286. Cost of maintenance; approval of placement; semiannual review
- § 16.1-287. Transfer of information upon commitment; information to be furnished by and to local school boards
- § 16.1-288. Protection of religious affiliations
- § 16.1-289. Review of order of commitment
- § 16.1-289.1. Motions to reconsider orders for participation in continuing programs
- § 16.1-290. Support of committed juvenile; support from estate of juvenile
- § 16.1-290.1. Payment for court-ordered counseling, treatment or programs
Article 10. Probation and Parole
- § 16.1-291. Revocation or modification of probation, protective supervision or parole; proceedings; disposition
- § 16.1-292. Violation of court order by any person
- § 16.1-293. Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house
- § 16.1-293.1. Mental health services transition plan
- § 16.1-294. Placing child on parole in foster home or with institution; how cost paid
- § 16.1-295. Transfer of supervision from one county or city to another, or to another state
Article 11. Jurisdiction of Appeals; Procedure
- § 16.1-296. Jurisdiction of appeals; procedure
- § 16.1-296.1. Repealed
- § 16.1-296.2. Appeals of certain custody and visitation proceedings
- § 16.1-297. Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court
- § 16.1-298. Effect of petition for or pendency of appeal; bail
Article 12. Confidentiality and Expungement
- § 16.1-299. Fingerprints and photographs of juveniles
- § 16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony
- § 16.1-299.2. Repealed
- § 16.1-300. Confidentiality of Department records
- § 16.1-301. Confidentiality of juvenile law-enforcement records; disclosures to school principal and others
- § 16.1-302. Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court
- § 16.1-302.1. Right of victim or representative to attend certain proceedings; notice of hearings
- § 16.1-303. Reports of court officials and employees when privileged
- § 16.1-304. Repealed
- § 16.1-305. Confidentiality of court records
- § 16.1-305.01. Access to child and spousal support case files
- § 16.1-305.1. Disclosure of disposition in certain delinquency cases
- § 16.1-305.2. Disclosure of notice of the filing of a petition and certain reports by division superintendent
- § 16.1-306. Expungement of court records
- § 16.1-307. Circuit court records regarding juveniles
- § 16.1-308. Effect of adjudication on status of child
- § 16.1-309. Penalty
- § 16.1-309.1. Exception as to confidentiality
Article 12.1. Virginia Juvenile Community Crime Control Act
- § 16.1-309.2. Purpose and intent
- § 16.1-309.3. Establishment of a community-based system of services; biennial local plan; quarterly report
- § 16.1-309.4. Statewide plan for juvenile services
- § 16.1-309.5. Construction, etc., of detention homes and other facilities; reimbursement in part by Commonwealth
- § 16.1-309.6. How state appropriations for operating costs of Juvenile Community Crime Control Act programs determined; notice of financial aid
- § 16.1-309.7. Determination of payment
- § 16.1-309.8. Costs of maintenance of juveniles in Community Crime Control Act programs
- § 16.1-309.9. Establishment of standards; determination of compliance
- § 16.1-309.10. Visitation and management of detention homes; other facilities; reports of superintendent
Article 13. Facilities for Detention and Other Residential Care
- § 16.1-310. Repealed
- § 16.1-315. Joint or regional citizen detention commissions authorized
- § 16.1-316. Number and terms of members; admission of additional local governing bodies
- § 16.1-317. Quorum; chairman; rules of procedure; compensation
- § 16.1-318. Powers of commission generally; supervision by Director of Department of Juvenile Justice
- § 16.1-319. Acquisition of property by commission
- § 16.1-320. Property of commission exempt from execution and judgment liens
- § 16.1-321. Appropriations by political subdivisions; issuance of bonds
- § 16.1-322. Record of commission; reports
Article 13.1. Funding of Local Juvenile Facilities, Programs and Certain Court Service Units
- § 16.1-322.1. Apportionment of funds to localities or commissions operating juvenile secure detention facilities or programs; standards for apportionment
- § 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve
- § 16.1-322.3. Localities and commissions to make monthly reports to Director; penalty for willfully falsifying information; procedure when locality or commission fails to make report
- § 16.1-322.4. Payments for children from other counties or cities
Article 13.2. Private Operation of Juvenile Detention Facilities
- § 16.1-322.5. State Board may authorize private construction, operation, etc., of local or regional detention homes, etc.
- § 16.1-322.6. Powers and duties not delegable to contractor
- § 16.1-322.7. State Board to promulgate regulations
Article 14. Interstate Compact Relating to Juveniles
- § 16.1-323. Governor to execute; form of compact
- § 16.1-323.1. State Council for Interstate Compact for Juveniles
- § 16.1-324. Repealed
Article 14.1. Serious or Habitual Offender Comprehensive Action Program
- § 16.1-330.1. Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty
- § 16.1-330.2. Immunity
Article 15. Emancipation of Minors
- § 16.1-331. Petition for emancipation
- § 16.1-332. Orders of court; investigation, report and appointment of counsel
- § 16.1-333. Findings necessary to order that minor is emancipated
- § 16.1-333.1. Written findings necessary to order that minor is emancipated on the basis of intent to marry
- § 16.1-334. Effects of order
- § 16.1-334.1. Identification card issued to minor by DMV
Article 16. Psychiatric Treatment of Minors Act
- § 16.1-335. Short title
- § 16.1-336. Definitions
- § 16.1-336.1. Admission forms
- § 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records
- § 16.1-337.1. Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check
- § 16.1-338. Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older
- § 16.1-339. Parental admission of an objecting minor 14 years of age or older
- § 16.1-339.1. Minors in detention homes or shelter care facilities
- § 16.1-340. Emergency custody; issuance and execution of order
- § 16.1-340.1. Involuntary temporary detention; issuance and execution of order
- § 16.1-340.1:1. Facility of temporary detention
- § 16.1-340.2. Transportation of minor in the temporary detention process
- § 16.1-340.3. Release of minor prior to commitment hearing for involuntary admission
- § 16.1-340.4. Involuntary commitment; preadmission screening report
- § 16.1-341. Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel
- § 16.1-342. Involuntary commitment; clinical evaluation
- § 16.1-343. Involuntary commitment; duties of attorney for the minor
- § 16.1-344. Involuntary commitment; hearing
- § 16.1-345. Involuntary commitment; criteria
- § 16.1-345.1. Use of electronic communication
- § 16.1-345.2. Mandatory outpatient treatment; criteria; orders
- § 16.1-345.3. Monitoring mandatory outpatient treatment; motion for review
- § 16.1-345.4. Court review of mandatory outpatient treatment plan
- § 16.1-345.5. Continuation of mandatory outpatient treatment order
- § 16.1-345.6. Appeal of final order
- § 16.1-346. Treatment plans; periodic review of status
- § 16.1-346.1. Discharge plan
- § 16.1-347. Fees and expenses for qualified evaluators
- § 16.1-348. Availability of judge
Article 17. Standby Guardianship
- § 16.1-349. Definitions
- § 16.1-350. Petition for court approval of standby guardian
- § 16.1-351. Court order approving standby guardianship; authority; when effective
- § 16.1-352. Written designation of a standby guardian by a parent; commencement of authority; court approval required
- § 16.1-353. Further proceedings to determine permanent guardianship, custody
- § 16.1-354. Revocation, refusal, termination of standby guardianship
- § 16.1-355. Review of standby guardianship
Article 18. Juvenile Competency
- § 16.1-356. Raising question of competency to stand trial; evaluation and determination of competency
- § 16.1-357. Disposition when juvenile found incompetent
- § 16.1-358. Disposition of the unrestorably incompetent juvenile
- § 16.1-359. Litigating certain issues when the juvenile is incompetent
- § 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing
- § 16.1-361. Compensation of experts
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