A. The community services board where the minor resides shall monitor the minor's compliance with the mandatory outpatient treatment plan ordered by the court pursuant to § 16.1-345.2. Monitoring compliance shall include (i) contacting the service providers to determine if the minor is complying with the mandatory outpatient treatment order and (ii) notifying the court of the minor's material noncompliance with the mandatory outpatient treatment order. Providers of services identified in the plan shall report any material noncompliance to the community services board.
B. If the community services board determines that the minor materially failed to comply with the order, it shall file with the juvenile and domestic relations district court for the jurisdiction in which the minor resides a motion for review of the mandatory outpatient treatment order as provided in § 16.1-345.4. The community services board shall file the motion for review of the mandatory outpatient treatment order within three business days of making that determination, or within 24 hours if the minor is being detained under a temporary detention order, and shall recommend an appropriate disposition. Copies of the motion for review shall be sent to the minor, his parents, his attorney, and his guardian ad litem.
C. If the community services board determines that the minor is not materially complying with the mandatory outpatient treatment order or for any other reason, and that because of mental illness, the minor (i) presents a serious danger to himself or others to the extent that severe or irremediable injury is likely to result, as evidenced by recent acts or threats or (ii) is experiencing a serious deterioration of his ability to care for himself in a developmentally age-appropriate manner, as evidenced by delusionary thinking or by a significant impairment of functioning in hydration, nutrition, self-protection, or self-control, it shall immediately request that the magistrate issue an emergency custody order pursuant to § 16.1-340 or a temporary detention order pursuant to § 16.1-340.1.
D. If the community services board determines at any time prior to the expiration of the mandatory outpatient treatment order that the minor has complied with the order and that continued mandatory outpatient treatment is no longer necessary, it shall file a motion to review the order with the juvenile and domestic relations district court for the jurisdiction in which the minor resides. The court shall schedule a hearing and provide notice of the hearing in accordance with subsection A of § 16.1-345.4.
2009, cc. 455, 555; 2010, cc. 778, 825.
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