Code of Virginia
Chapter 11 - Juvenile and Domestic Relations District Courts
§ 16.1-249. Places of confinement for juveniles

A. If it is ordered that a juvenile remain in detention or shelter care pursuant to § 16.1-248.1, such juvenile may be detained, pending a court hearing, in the following places:
1. An approved foster home or a home otherwise authorized by law to provide such care;
2. A facility operated by a licensed child welfare agency;
3. If a juvenile is alleged to be delinquent, a detention home or group home approved by the Department;
4. Any other suitable place designated by the court and approved by the Department;
5. To the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city or any combination thereof constructed after 1994, approved by the Department of Juvenile Justice and certified by the Board of Juvenile Justice for the holding and detention of juveniles.
A juvenile younger than 11 years of age who is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 and who is ordered to remain in detention or shelter care pursuant to § 16.1-248.1 pending a court hearing may only be detained in a place described in subdivision 1, 2, or 4, but under no circumstances shall such juvenile be detained pursuant to this section in a secure detention facility.
B. No juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F or G.
C. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a juvenile who is or appears to be under the age of 18 years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.
D. When a case is transferred to the circuit court in accordance with the provisions of subsection A of § 16.1-269.1 and an order is entered by the circuit court in accordance with § 16.1-269.6, or in accordance with the provisions of § 16.1-270 where the juvenile has waived the jurisdiction of the district court, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1-269.1, the juvenile, if in confinement, shall be placed in a juvenile secure facility, unless the court determines that the juvenile is a threat to the security or safety of the other juveniles detained or the staff of the facility, in which case the court may transfer the juvenile to a jail or other facility for the detention of adults, provided that the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles.
E. If, in the judgment of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is 14 years of age or older, a jail or other facility for the detention of adults, provided that (i) the detention is in a room or ward entirely separate and removed from adults, (ii) adequate supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for detention of juveniles.
F. If, in the judgment of the custodian, it has been demonstrated that the presence of a juvenile in a facility creates a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the custodian may transfer the juvenile to another juvenile facility, or, if the child is 14 years of age or older, a jail or other facility for the detention of adults pursuant to the limitations of clauses (i), (ii) and (iii) of subsection E for a period not to exceed six hours prior to a court hearing and an additional six hours after the court hearing unless a longer period is ordered pursuant to subsection E.
G. If a juvenile 14 years of age or older is charged with an offense which, if committed by an adult, would be a felony or Class 1 misdemeanor, and the judge or intake officer determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period not to exceed six hours prior to a court hearing and six hours after the court hearing in a temporary lock-up room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail or other facility for the detention of adults, provided that (i) such room or ward is totally separate and removed from adults or juveniles transferred to the circuit court pursuant to Article 7 (§ 16.1-269.1 et seq.), (ii) constant supervision is provided, and (iii) the facility is approved by the State Board of Local and Regional Jails for the detention of juveniles. The State Board of Local and Regional Jails is authorized and directed to prescribe minimum standards for temporary lock-up rooms and wards based on the requirements set out in this subsection.
G1. Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1-248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six hours, provided that the juvenile is entirely separate and removed from detained adults, or (ii) in a nonsecure area, provided that constant supervision is provided.
H. If a judge, intake officer or magistrate orders the predispositional detention of persons 18 years of age or older, such detention shall be in an adult facility; however, if the predispositional detention is ordered for a violation of the terms and conditions of release from a juvenile correctional center, the judge, intake officer or magistrate may order such detention be in a juvenile facility.
I. The Departments of Corrections, Juvenile Justice and Criminal Justice Services shall assist the localities or combinations thereof in implementing this section and ensuring compliance herewith.
1977, c. 559; 1979, c. 655; 1983, c. 336; 1985, c. 260; 1988, c. 886; 1989, c. 557; 1993, c. 435; 1994, cc. 859, 904, 949; 1995, cc. 746, 748, 798, 802; 1996, cc. 755, 914; 1998, cc. 576, 830; 2002, c. 558; 2004, cc. 415, 439; 2010, c. 739; 2018, cc. 36, 73; 2020, c. 759; 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