2006 Code of Virginia § 16.1-345 - Involuntary commitment; criteria

16.1-345. Involuntary commitment; criteria.

The court shall order the involuntary commitment of the minor to a mentalhealth facility for treatment for a period not to exceed 90 days if it finds,by clear and convincing evidence, that:

1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) is experiencing aserious deterioration of his ability to care for himself in a developmentallyage-appropriate manner, as evidenced by delusionary thinking or by asignificant impairment of functioning in hydration, nutrition,self-protection, or self-control;

2. The minor is in need of compulsory treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and

3. If inpatient treatment is ordered, such treatment is the least restrictivealternative that meets the minor's needs. If the court finds that inpatienttreatment is not the least restrictive treatment, the court may order theminor to participate in outpatient or other clinically appropriate treatment.

A minor who has been hospitalized while properly detained for a criminaloffense by a juvenile and domestic relations district court shall be returnedto the detention home following completion of a period of inpatienttreatment, unless the court having jurisdiction over the criminal case ordersthat the minor be released from custody.

In conducting an evaluation of a minor who has been properly detained, if theevaluator finds, irrespective of the fact that the minor has been detained,that the minor meets the criteria for involuntary commitment in this section,the evaluator shall recommend that the minor meets the criteria forinvoluntary commitment.

In no event shall a minor who has been properly detained by a juvenile anddomestic relations district court, and who meets criteria for involuntarycommitment, have the right to make application for voluntary admission andtreatment as may otherwise be provided for in this section.

If the parent or parents with whom the minor resides are not willing toapprove the proposed commitment, the court shall order inpatient treatmentonly if it finds, in addition to the criteria specified in this section, thatsuch treatment is necessary to protect the minor's life, health, or normaldevelopment, and that issuance of a removal order or protective order isauthorized by 16.1-252 or 16.1-253.

Upon finding that the best interests of the minor so require, the court mayenter an order directing either or both of the minor's parents to comply withreasonable conditions relating to the minor's treatment.

If the minor is committed to inpatient treatment, such placement shall be ina mental health facility for inpatient treatment designated by the communityservices board which serves the political subdivision in which the minor wasevaluated pursuant to 16.1-342. If the community services board does notprovide a placement recommendation at the hearing, the minor shall be placedin a mental health facility designated by the Commissioner of the Departmentof Mental Health, Mental Retardation and Substance Abuse Services. The judgeshall order the sheriff to transport the minor to the designated mentalhealth facility as specified in 37.2-829. The transportation of thecommitted minor by the minor's parent may be authorized at the discretion ofthe judge.

(1990, c. 975; 1992, c. 539; 2005, c. 346.)