A. The minor shall have the right to appeal any final order committing the minor or ordering the minor to mandatory outpatient treatment to the circuit court in the jurisdiction where the minor was committed, hospitalized pursuant to the commitment order, or ordered to mandatory outpatient treatment. Venue shall be in the circuit court having jurisdiction within the territory of the court that issued the final order. The circuit court may transfer the case upon a finding that another forum is more convenient. The appeal shall be heard de novo by the circuit court in accordance with the provisions set forth in this article. Any order of the circuit court shall not extend the period of commitment or mandatory outpatient treatment set forth in the order appealed from.
B. Notice of an appeal shall be filed within 10 days from the date of the order. The appeal shall be given priority over all other pending matters before the circuit court and heard as soon as possible, notwithstanding § 19.2-241 regarding the time within which the court shall set criminal cases for trial. A petition for or the pendency of an appeal shall not suspend any order unless so ordered by the court, however a minor may be released after a petition for or during the pendency of an appeal pursuant to subsection B of § 16.1-346. The clerk of the court from which the appeal is taken shall immediately transmit the record to the clerk of the appellate court. The clerk of the circuit court shall provide written notification of the appeal to the person who initiated the petition under this article in accordance with procedures set forth in § 16.1-112.
C. The juvenile and domestic relations district court shall appoint an attorney and a guardian ad litem to represent any minor desiring to appeal who is not already represented.
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