2006 Code of Virginia § 16.1-341 - Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel

16.1-341. Involuntary commitment; petition; hearing scheduled; notice andappointment of counsel.

A. A petition for the involuntary commitment of a minor may be filed with thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located by a parent or, if the parent is not available oris unable or unwilling to file a petition, by any responsible adult,including the person having custody over a minor in detention or shelter carepursuant to an order of a juvenile and domestic relations district court. Thepetition shall include the name and address of the petitioner and the minorand shall set forth in specific terms why the petitioner believes the minormeets the criteria for involuntary commitment specified in 16.1-345. Thepetition shall be taken under oath.

If a commitment hearing has been scheduled by a juvenile and domesticrelations district judge pursuant to subdivision 3 of subsection C of 16.1-339, the petition for judicial approval filed by the facility undersubsection C of 16.1-339 shall serve as the petition for involuntarycommitment as long as such petition complies in substance with the provisionsof this subsection.

B. Upon the filing of a petition for involuntary commitment of a minor, thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located may schedule a hearing which shall occur no soonerthan 24 hours and no later than 72 hours from the time the petition wasfiled. If the 72-hour period expires on a Saturday, Sunday, legal holiday orday on which the court is lawfully closed, the 72 hours shall be extended tothe next day that is not a Saturday, Sunday, legal holiday or day on whichthe court is lawfully closed. The attorney for the minor, the attorney forthe Commonwealth in the jurisdiction giving rise to the detention, and thejuvenile and domestic relations district court having jurisdiction over anyminor in detention or shelter care shall be given notice prior to the hearing.

If the petition is not dismissed, copies of the petition, together with anotice of the hearing, shall be served immediately upon the minor and theminor's parents, if they are not petitioners. No later than 24 hours beforethe hearing, the court shall appoint counsel to represent the minor, unlessit has determined that the minor has retained counsel. Upon the request ofthe minor's counsel, for good cause shown, and after notice to the petitionerand all other persons receiving notice of the hearing, the court may continuethe hearing once for a period not to exceed 72 hours.

Any recommendation made by a state mental health facility or state hospitalregarding the minor's involuntary commitment may be admissible during thecourse of the hearing.

(1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283; 2005,c. 346; 2006, c. 401.)