Title 16.1. Courts Not of Record
Chapter 11. Juvenile and Domestic Relations District Courts
§ 16.1-278.9:1. When a child younger than 11 years of age is found to have committed an act that would be delinquent if committed by a child 11 years of age or older; disposition.
A. If a child younger than 11 years of age is alleged to have committed an act that would be delinquent if committed by a child 11 years of age or older, such child shall not be proceeded upon as delinquent pursuant to § 16.1-278.8, and the court shall (i) dismiss any petition alleging such child has committed an act that would be delinquent if committed by a child 11 years of age or older and (ii) order that the court records pertaining to such petition be expunged pursuant to subsection C of § 16.1-306. However, the attorney for the Commonwealth may file a petition alleging that such child is in need of services and if such child is found to be in need of services, the court may make any orders of disposition authorized under § 16.1-278.4.
B. Any funding that is available to provide services to a child 11 years of age or older who is proceeded upon as delinquent pursuant to § 16.1-278.8 shall also be made available to a child younger than 11 years of age who is found to have committed an act that would be delinquent if committed by a child 11 years of age or older in order to provide such child with the same services.
2026, c. 873.
