Code of Virginia
Chapter 11 - Juvenile and Domestic Relations District Courts
§ 16.1-248.1. Criteria for detention or shelter care

A. A juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to § 16.1-247 shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such juvenile's parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such juvenile, either on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or under such conditions as may be imposed or otherwise. However, at any time prior to an order of final disposition, a juvenile may be detained in a secure facility, pursuant to a detention order or warrant, only upon a finding by the judge, intake officer, or magistrate, that there is probable cause to believe that the juvenile committed the act alleged, and that at least one of the following conditions is met:
1. The juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult; (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult; or (c) violated any of the provisions of § 18.2-308.7, and there is clear and convincing evidence that:
a. Considering the seriousness of the current offense or offenses and other pending charges, the seriousness of prior adjudicated offenses, the legal status of the juvenile and any aggravating and mitigating circumstances, the liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;
b. The liberty of the juvenile would present a clear and substantial threat of serious harm to such juvenile's life or health; or
c. The juvenile has threatened to abscond from the court's jurisdiction during the pendency of the instant proceedings or has a record of willful failure to appear at a court hearing within the immediately preceding 12 months.
2. The juvenile has absconded from a detention home or facility where he has been directed to remain by the lawful order of a judge or intake officer.
3. The juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.
4. The juvenile has failed to appear in court after having been duly served with a summons in any case in which it is alleged that the juvenile has committed a delinquent act or that the child is in need of services or is in need of supervision; however, a child alleged to be in need of services or in need of supervision may be detained for good cause pursuant to this subsection only until the next day upon which the court sits within the county or city in which the charge against the child is pending, and under no circumstances longer than 72 hours from the time he was taken into custody. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.
5. The juvenile failed to adhere to the conditions imposed upon him by the court, intake officer or magistrate following his release upon a Class 1 misdemeanor charge or a felony charge.
However, no juvenile younger than 11 years of age shall be placed in secure detention unless such juvenile is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1.
When a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.
B. Any juvenile not meeting the criteria for placement in a secure facility shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge, intake officer or magistrate may impose. However, a juvenile may be placed in shelter care if:
1. The juvenile is eligible for placement in a secure facility;
2. The juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;
3. The juvenile's parent, guardian or other person able to provide supervision cannot be reached within a reasonable time;
4. The juvenile does not consent to return home;
5. Neither the juvenile's parent or guardian nor any other person able to provide proper supervision can arrive to assume custody within a reasonable time; or
6. The juvenile's parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time.
C. When a juvenile is detained in a secure facility, the juvenile's probation officer may review such placement for the purpose of seeking a less restrictive alternative to confinement in that secure facility.
D. The criteria for continuing the juvenile in detention or shelter care as set forth in this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending court disposition. Such criteria shall be supported by clear and convincing evidence in support of the decision not to release the juvenile.
E. Nothing in this section shall be construed to deprive the court of its power to punish a juvenile summarily for contempt for acts set forth in § 18.2-456, other than acts of disobedience of the court's dispositional order which are committed outside the presence of the court.
F. A detention order may be issued pursuant to subdivision A 2 by the committing court or by the court in the jurisdiction from which the juvenile fled or where he was taken into custody.
G. The court is authorized to detain a juvenile based upon the criteria set forth in subsection A at any time after a delinquency petition has been filed, both prior to adjudication and after adjudication pending final disposition subject to the time limitations set forth in § 16.1-277.1.
H. If the intake officer or magistrate releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, no motion to revoke bail, or change such conditions may be made unless (i) the juvenile has violated a term or condition of his release, or is convicted of or taken into custody for an additional offense, or (ii) the attorney for the Commonwealth presents evidence that incorrect or incomplete information regarding the factors in subsection A was relied upon by the intake officer or magistrate establishing the initial terms of release. If the juvenile court releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, over the objection of the attorney for the Commonwealth, the attorney for the Commonwealth may appeal such decision to the circuit court. The order of the juvenile court releasing the juvenile shall remain in effect until the circuit court, Court of Appeals or Supreme Court rules otherwise.
1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989, c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002, cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683; 2011, c. 644; 2021, Sp. Sess. I, c. 115.

Structure Code of Virginia

Code of Virginia

Title 16.1 - Courts Not of Record

Chapter 11 - Juvenile and Domestic Relations District Courts

§ 16.1-226. Short title

§ 16.1-227. Purpose and intent

§ 16.1-228. Definitions

§ 16.1-229. This chapter controlling in event of conflict

§ 16.1-229.1. Removal of a child; names and contact information of persons with a legitimate interest

§ 16.1-230. Organization and operation of juvenile and domestic relations district courts

§ 16.1-231. Rules of procedure

§ 16.1-232. Attorney for the Commonwealth to prosecute certain cases and represent Commonwealth on appeal

§ 16.1-233. Department to develop court services; court services units; appointment and removal of employees; salaries

§ 16.1-234. Duties of Department; provision of quarters, utilities, and office equipment to court service unit

§ 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

§ 16.1-238. Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses

§ 16.1-239. Payment of traveling expenses of court officers; reimbursement

§ 16.1-240. Citizens advisory council

§ 16.1-241. Jurisdiction; consent for abortion

§ 16.1-241.1. Repealed

§ 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

§ 16.1-243. Venue

§ 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. Repealed

§ 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

§ 16.1-250.1. Repealed

§ 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

§ 16.1-253.3. Repealed

§ 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

§ 16.1-263. Summonses

§ 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

§ 16.1-266.1. Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians

§ 16.1-266.2. Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases

§ 16.1-267. Compensation of appointed counsel

§ 16.1-268. Order of appointment

§ 16.1-269. Repealed

§ 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

§ 16.1-269.6. Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals

§ 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

§ 16.1-273. Court may require investigation of social history and preparation of victim impact statement

§ 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

§ 16.1-276.1. Repealed

§ 16.1-276.2. Transportation orders in certain proceedings

§ 16.1-276.3. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing

§ 16.1-277. Repealed

§ 16.1-277.01. Approval of entrustment agreement

§ 16.1-277.02. Petition for relief of care and custody

§ 16.1-277.1. Time limitation

§ 16.1-277.2. Rejection of plea agreement; recusal

§ 16.1-278. Cooperation of certain agencies, officials, institutions and associations

§ 16.1-278.1. Definitions

§ 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

§ 16.1-278.7:02. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons

§ 16.1-278.8. Delinquent juveniles

§ 16.1-278.8:01. Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs

§ 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy

§ 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

§ 16.1-278.19. Attorney fees

§ 16.1-279. Repealed

§ 16.1-279.1. Protective order in cases of family abuse

§ 16.1-280. Commitment of juveniles with mental illness or intellectual disability

§ 16.1-281. Foster care plan

§ 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

§ 16.1-287. Transfer of information upon commitment; information to be furnished by and to local school boards

§ 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

§ 16.1-291. Revocation or modification of probation, protective supervision or parole; proceedings; disposition

§ 16.1-292. Violation of court order by any person

§ 16.1-293. Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house

§ 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

§ 16.1-296.1. Repealed

§ 16.1-296.2. Appeals of certain custody and visitation proceedings

§ 16.1-297. Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court

§ 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

§ 16.1-299.2. Repealed

§ 16.1-300. Confidentiality of Department records

§ 16.1-301. Confidentiality of juvenile law-enforcement records; disclosures to school principal and others

§ 16.1-302. Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court

§ 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

§ 16.1-304. Repealed

§ 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

§ 16.1-305.2. Disclosure of notice of the filing of a petition and certain reports by division superintendent

§ 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. Penalty

§ 16.1-309.1. Exception as to confidentiality

§ 16.1-309.2. Purpose and intent

§ 16.1-309.3. Establishment of a community-based system of services; biennial local plan; quarterly report

§ 16.1-309.4. Statewide plan for juvenile services

§ 16.1-309.5. Construction, etc., of detention homes and other facilities; reimbursement in part by Commonwealth

§ 16.1-309.6. How state appropriations for operating costs of Juvenile Community Crime Control Act programs determined; notice of financial aid

§ 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

§ 16.1-309.10. Visitation and management of detention homes; other facilities; reports of superintendent

§ 16.1-309.11. Youth justice diversion program

§ 16.1-310. Repealed

§ 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

§ 16.1-318. Powers of commission generally; supervision by Director of Department of Juvenile Justice

§ 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

§ 16.1-322.1. Apportionment of funds to localities or commissions operating juvenile secure detention facilities or programs; standards for apportionment

§ 16.1-322.2. Payment of funds quarterly; distribution and reallocation of reserve

§ 16.1-322.3. Localities and commissions to make monthly reports to Director; penalty for willfully falsifying information; procedure when locality or commission fails to make report

§ 16.1-322.4. Payments for children from other counties or cities

§ 16.1-322.5. State Board may authorize private construction, operation, etc., of local or regional detention homes, etc.

§ 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

§ 16.1-324. Repealed

§ 16.1-330.1. Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty

§ 16.1-330.2. Immunity

§ 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

§ 16.1-333.1. Written findings necessary to order that minor is emancipated on the basis of intent to marry

§ 16.1-334. Effects of order

§ 16.1-334.1. Identification card issued to minor by DMV

§ 16.1-335. Short title

§ 16.1-336. Definitions

§ 16.1-336.1. Admission forms

§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records

§ 16.1-337.1. Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check

§ 16.1-338. Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older

§ 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

§ 16.1-346.1. Discharge plan

§ 16.1-347. Fees and expenses for qualified evaluators

§ 16.1-348. Availability of judge

§ 16.1-349. Definitions

§ 16.1-350. Petition for court approval of standby guardian

§ 16.1-351. Court order approving standby guardianship; authority; when effective

§ 16.1-352. Written designation of a standby guardian by a parent; commencement of authority; court approval required

§ 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

§ 16.1-356. Raising question of competency to stand trial; evaluation and determination of competency

§ 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

§ 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing

§ 16.1-361. Compensation of experts