Chapter 11. Juvenile and Domestic Relations District CourtsRead Chapter
- Article 1. General ProvisionsRead all
- § 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
- Article 2. Organization and PersonnelRead all
- § 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
- Article 3. Jurisdiction and VenueRead all
- § 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- Repealed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
- § 16.1-245.2
- Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases
- Article 4. Immediate Custody, Arrest, Detention and Shelter CareRead all
- § 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; inadmissibility of statement
- § 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
- Article 5. Intake, Petition and NoticeRead all
- § 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
- Article 6. Appointment of CounselRead all
- § 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
- (Effective until January 1, 2025) Compensation of appointed counsel
- § 16.1-267
- (Effective January 1, 2025) Compensation of appointed counsel
- § 16.1-268
- Order of appointment
- Article 7. Transfer and WaiverRead all
- § 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
- Article 8. AdjudicationRead all
- § 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
- Article 9. DispositionRead all
- § 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
- § 16.1-290.2
- Certain information to be made available to certain defendants found not guilty
- Article 10. Probation and ParoleRead all
- § 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
- Article 11. AppealRead all
- § 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
- Article 12. Confidentiality and ExpungementRead all
- § 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
- Article 12.1. Virginia Juvenile Community Crime Control ActRead all
- § 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
- Article 13. Facilities for Detention and Other Residential CareRead all
- § 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
- Article 13.1. Funding of Local Juvenile Facilities, Programs and Certain Court Service UnitsRead all
- § 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
- Article 13.2. Private Operation of Juvenile Detention FacilitiesRead all
- § 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
- Article 14. Interstate Compact Relating to JuvenilesRead all
- § 16.1-323
- Governor to execute; form of compact
- § 16.1-323.1
- State Council for Interstate Compact for Juveniles
- § 16.1-324
- Repealed
- Article 14.1. Serious or Habitual Offender Comprehensive Action ProgramRead all
- § 16.1-330.1
- Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty
- § 16.1-330.2
- Immunity
- Article 15. Emancipation of MinorsRead all
- § 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
- Repealed
- § 16.1-334
- Effects of order
- § 16.1-334.1
- Identification card issued to minor by DMV
- Article 16. Psychiatric Treatment of Minors ActRead all
- § 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
- Article 17. Standby GuardianshipRead all
- § 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
- Article 18. Juvenile CompetencyRead all
- § 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