No child may be taken into immediate custody except:
A. With a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; or
B. When a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child's life or health or (ii) the assumption of custody is necessary to ensure the child's appearance before the court; or
C. When, in the presence of the officer who makes the arrest, a child has committed an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; or
C1. When a child has committed a misdemeanor offense involving (i) shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii) carrying a weapon on school property in violation of § 18.2-308.1 and, although the offense was not committed in the presence of the officer who makes the arrest, the arrest is based on probable cause on reasonable complaint of a person who observed the alleged offense; or
D. When there is probable cause to believe that a child has committed an offense which if committed by an adult would be a felony; or
E. When a law-enforcement officer has probable cause to believe that a person committed to the Department of Juvenile Justice as a child has run away or that a child has escaped from a jail or detention home; or
F. When a law-enforcement officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court, the local department of social services or a licensed child welfare agency; or
G. When a law-enforcement officer has probable cause to believe that a child (i) has run away from home or (ii) is without adult supervision at such hours of the night and under such circumstances that the law-enforcement officer reasonably concludes that there is a clear and substantial danger to the child's welfare; or
H. When a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340.
Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977, c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985, c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 11 - Juvenile and Domestic Relations District Courts
§ 16.1-227. Purpose and intent
§ 16.1-229. This chapter controlling in event of conflict
§ 16.1-230. Organization and operation of juvenile and domestic relations district courts
§ 16.1-231. Rules of procedure
§ 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
§ 16.1-239. Payment of traveling expenses of court officers; reimbursement
§ 16.1-240. Citizens advisory council
§ 16.1-241. Jurisdiction; consent for abortion
§ 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
§ 16.1-244. Concurrent jurisdiction; exceptions
§ 16.1-245. Transfer from other courts
§ 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court
§ 16.1-246. When and how child may be taken into immediate custody
§ 16.1-247. Duties of person taking child into custody
§ 16.1-247.1. Custodial interrogation of a child; parental notification and contact
§ 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
§ 16.1-251. 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
§ 16.1-253.4. 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
§ 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
§ 16.1-264. Service of summons; proof of service; penalty
§ 16.1-265. Subpoena; attorney-issued subpoena
§ 16.1-266. Appointment of counsel and guardian ad litem
§ 16.1-267. Compensation of appointed counsel
§ 16.1-268. Order of appointment
§ 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
§ 16.1-270. 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
§ 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
§ 16.1-276.2. Transportation orders in certain proceedings
§ 16.1-277.01. Approval of entrustment agreement
§ 16.1-277.02. Petition for relief of care and custody
§ 16.1-277.2. Rejection of plea agreement; recusal
§ 16.1-278. Cooperation of certain agencies, officials, institutions and associations
§ 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
§ 16.1-278.8. Delinquent juveniles
§ 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
§ 16.1-279.1. Protective order in cases of family abuse
§ 16.1-280. Commitment of juveniles with mental illness or intellectual disability
§ 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
§ 16.1-283.3. Review of voluntary continuing services and support agreements for former foster youth
§ 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
§ 16.1-288. 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
§ 16.1-292. Violation of court order by any person
§ 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
§ 16.1-296. Jurisdiction of appeals; procedure
§ 16.1-296.2. Appeals of certain custody and visitation proceedings
§ 16.1-298. Effect of petition for or pendency of appeal; bail
§ 16.1-299. Fingerprints and photographs of juveniles
§ 16.1-299.1. Sample required for DNA analysis upon conviction or adjudication of felony
§ 16.1-300. Confidentiality of Department records
§ 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
§ 16.1-305. 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
§ 16.1-306. Expungement of court records
§ 16.1-307. Circuit court records regarding juveniles
§ 16.1-308. Effect of adjudication on status of child
§ 16.1-309.1. Exception as to confidentiality
§ 16.1-309.2. Purpose and intent
§ 16.1-309.4. Statewide plan for juvenile services
§ 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
§ 16.1-309.11. Youth justice diversion program
§ 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
§ 16.1-319. 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
§ 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve
§ 16.1-322.4. Payments for children from other counties or cities
§ 16.1-322.6. Powers and duties not delegable to contractor
§ 16.1-322.7. State Board to promulgate regulations
§ 16.1-323. Governor to execute; form of compact
§ 16.1-323.1. State Council for Interstate Compact for Juveniles
§ 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
§ 16.1-334.1. Identification card issued to minor by DMV
§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records
§ 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
§ 16.1-347. Fees and expenses for qualified evaluators
§ 16.1-348. Availability of judge
§ 16.1-350. Petition for court approval of standby guardian
§ 16.1-351. Court order approving standby guardianship; authority; when effective
§ 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
§ 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