2006 Code of Virginia § 16.1-292 - Violation of court order by any person

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 issuedpursuant to subdivision 3 of 16.1-278.8, may be proceeded against (i) by anorder requiring the person to show cause why the order of the court enteredpursuant to 16.1-278.2 through 16.1-278.19 has not been complied with,(ii) for contempt of court pursuant to 16.1-69.24 or as otherwise providedin this section, or (iii) by both. Except as otherwise expressly providedherein, nothing in this chapter shall deprive the court of its power topunish summarily for contempt for such acts as set forth in 18.2-456, or topunish for contempt after notice and an opportunity for a hearing on thecontempt except that confinement in the case of a juvenile shall be in asecure facility for juveniles rather than in jail and shall not exceed aperiod of ten days for each offense. However, if the person violating theorder was a juvenile at the time of the original act and is eighteen years ofage or older when the court enters a disposition for violation of the order,the judge may order confinement in jail.

B. Upon conviction of any party for contempt of court in failing or refusingto comply with an order of a juvenile court for spousal support or childsupport under 16.1-278.15, the court may commit and sentence such party toconfinement in a jail, workhouse, city farm or work squad as provided in 20-61 and 20-62, for a fixed or indeterminate period or until the furtherorder of the court. In no event, however, shall such sentence be imposed fora period of more than twelve months. The sum or sums as provided for in 20-63 shall be paid as therein set forth, to be used for the support andmaintenance of the spouse or the child or children for whose benefit suchorder or decree provided.

C. Notwithstanding the contempt power of the court, the court shall belimited in the actions it may take with respect to a child violating theterms and conditions of an order to those which the court could have taken atthe time of the court's original disposition pursuant to 16.1-278.2through 16.1-278.10, except as hereinafter provided. However, this limitationshall not be construed to deprive the court of its power to (i) punish achild summarily for contempt for acts set forth in 18.2-456 or (ii) punisha child for contempt for violation of a dispositional order in a delinquencyproceeding after notice and an opportunity for a hearing regarding suchcontempt, including acts of disobedience of the court's dispositional orderwhich are committed outside the presence of the court.

D. In the event a child in need of services is found to have willfully andmaterially violated for a second or subsequent time the order of the courtpursuant to 16.1-278.4, the dispositional alternatives specified insubdivision 9 of 16.1-278.8 shall be available to the court.

E. In the event a child in need of supervision is found to have willfully andmaterially violated an order of the court pursuant to 16.1-278.5, the courtmay enter any of the following orders of disposition:

1. Suspend the child's motor vehicle driver's license;

2. Order any such child fourteen years of age or older to be (i) placed in afoster home, group home or other nonsecure residential facility, or, (ii) ifthe court finds that such placement is not likely to meet the child's needs,that all other treatment options in the community have been exhausted, andthat secure placement is necessary in order to meet the child's serviceneeds, detained in a secure facility for a period of time not to exceed tenconsecutive days for violation of any order of the court arising out of thesame petition. The court shall state in its order for detention the basis forall findings required by this section. When any child is detained in a securefacility pursuant to this section, the court shall direct the agencyevaluating the child pursuant to 16.1-278.5 to reconvene theinterdisciplinary team participating in such evaluation as promptly aspossible to review its evaluation, develop further treatment plans as may beappropriate and submit its report to the court for its determination as tofurther treatment efforts either during or following the period the child isin secure detention. A juvenile may only be detained pursuant to this sectionin a detention home or other secure facility in compliance with standardsestablished by the State Board. Any order issued pursuant to this subsectionis a final order and is appealable to the circuit court as provided by law.

F. Nothing in this section shall be construed to reclassify a child in needof services or in need of supervision as a delinquent.

(1977, c. 559; 1983, c. 501; 1985, cc. 1, 260; 1987, c. 632; 1988, c. 771;1989, c. 725; 1990, c. 110; 1991, c. 534; 1993, c. 632; 1994, c. 21; 2000, c.978.)