2006 Code of Virginia § 16.1-275 - Physical and mental examinations and treatment; nursing and medical care

16.1-275. Physical and mental examinations and treatment; nursing andmedical care.

The juvenile court or the circuit court may cause any juvenile within itsjurisdiction under the provisions of this law to be physically examined andtreated by a physician or to be examined and treated at a local mental healthcenter. If no such appropriate facility is available locally, the court mayorder the juvenile to be examined and treated by any physician orpsychiatrist or examined by a clinical psychologist. The Commissioner ofMental Health, Mental Retardation and Substance Abuse Services shall providefor distribution a list of appropriate mental health centers availablethroughout the Commonwealth. Upon the written recommendation of the personexamining the juvenile that an adequate evaluation of the juvenile'streatment needs can only be performed in an inpatient hospital setting, thecourt shall have the power to send any such juvenile to a state mentalhospital for not more than 10 days for the purpose of obtaining arecommendation for the treatment of the juvenile. No juvenile sent to a statemental hospital pursuant to this provision shall be held or cared for in anymaximum security unit where adults determined to be criminally insane reside;the juvenile shall be kept separate and apart from such adults. However, theCommissioner of the Department of Mental Health, Mental Retardation andSubstance Abuse Services may place a juvenile who has been certified to thecircuit court for trial as an adult pursuant to 16.1-269.6 or 16.1-270 orwho has been convicted as an adult of a felony in the circuit court in a unitappropriate for the care and treatment of persons under a criminal chargewhen, in his discretion, such placement is necessary to protect the securityor safety of other patients, staff or the public.

Whenever the parent or other person responsible for the care and support of ajuvenile is determined by the court to be financially unable to pay the costsof such examination as ordered by the juvenile court or the circuit court,such costs may be paid according to standards, procedures and rates adoptedby the State Board, from funds appropriated in the general appropriation actfor the Department.

The juvenile court or the circuit court may cause any juvenile within itsjurisdiction who is found to be delinquent for an offense that is eligiblefor commitment pursuant to subdivision A 14 of 16.1-278.8 or 16.1-285.1to be placed in the temporary custody of the Department of Juvenile Justicefor a period of time not to exceed 30 days for diagnostic assessment servicesafter the adjudicatory hearing and prior to final disposition of his or hercase. Prior to such a placement, the Department shall determine that thepersonnel, services and space are available in the appropriate correctionalfacility for the care, supervision and study of such juvenile and that thejuvenile's case is appropriate for referral for diagnostic services.

Whenever a juvenile concerning whom a petition has been filed appears to bein need of nursing, medical or surgical care, the juvenile court or thecircuit court may order the parent or other person responsible for the careand support of the juvenile to provide such care in a hospital or otherwiseand to pay the expenses thereof. If the parent or other person is unable orfails to provide such care, the juvenile court or the circuit court may referthe matter to the authority designated in accordance with law for thedetermination of eligibility for such services in the county or city in whichsuch juvenile or his parents have residence or legal domicile.

In any such case, if a parent who is able to do so fails or refuses to complywith the order, the juvenile court or the circuit court may proceed againsthim as for contempt or may proceed against him for nonsupport.

(Code 1950, 16.1-190; 1956, c. 555; 1972, c. 354; 1975, c. 430; 1976, c.321; 1977, c. 559; 1978, c. 739; 1982, c. 636; 1983, c. 358; 1984, c. 44;1988, cc. 47, 826; 1990, c. 975; 1994, cc. 859, 949; 2004, c. 321.)