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Home » US Law » 2022 Code of Virginia » Title 16.1 - Courts Not of Record » Chapter 11 - Juvenile and Domestic Relations District Courts » Article 4. Immediate Custody, Arrest, Detention and Shelter Care

§ 16.1-246. When and how child may be taken into immediate custody

No child may be taken into immediate custody except: A. With a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; or B. […]

§ 16.1-247. Duties of person taking child into custody

A. A person taking a child into custody pursuant to the provisions of subsection A of § 16.1-246, during such hours as the court is open, shall, with all practicable speed, and in accordance with the provisions of this law and the orders of court pursuant thereto, bring the child to the judge or intake […]

§ 16.1-248.1. Criteria for detention or shelter care

A. A juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to § 16.1-247 shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such juvenile’s parent, guardian, custodian or other suitable person able and willing to provide supervision and […]

§ 16.1-248.2. Mental health screening and assessment for certain juveniles

Whenever a juvenile is placed in a secure facility pursuant to § 16.1-248.1, the staff of the facility shall gather such information from the juvenile and the probation officer as is reasonably available and deemed necessary by the facility staff. As part of the intake procedures at each such facility, the staff shall ascertain the […]

§ 16.1-248.3. Medical records of juveniles in secure facility

Whenever a juvenile is placed in a secure facility or a shelter care facility pursuant to § 16.1-248.1, the director of the facility or his designee shall be entitled to obtain medical records concerning the juvenile from a provider. Prior to using the authority granted by this section to obtain such records, the director of […]

§ 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 […]

§ 16.1-249.1. Places of confinement to give notice of intake of certain persons

A. At the time of receipt of any person, for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 into a secure facility, the secure facility shall obtain from that person all necessary registration information, including fingerprints and photographs of […]

§ 16.1-250. Procedure for detention hearing

A. When a child has been taken into immediate custody and not released as provided in § 16.1-247 or § 16.1-248.1, such child shall appear before a judge on the next day on which the court sits within the county or city wherein the charge against the child is pending. In the event the court […]

§ 16.1-251. Emergency removal order

A. A child may be taken into immediate custody and placed in shelter care pursuant to an emergency removal order in cases in which the child is alleged to have been abused or neglected. Such order may be issued ex parte by the court upon a petition supported by an affidavit or by sworn testimony […]

§ 16.1-252. Preliminary removal order; hearing

A. A preliminary removal order in cases in which a child is alleged to have been abused or neglected may be issued by the court after a hearing wherein the court finds that reasonable efforts have been made to prevent removal of the child from his home. The hearing shall be in the nature of […]

§ 16.1-253. Preliminary protective order

A. Upon the motion of any person or upon the court’s own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child’s life, health, safety or normal development pending the final determination of any matter before the court. The order may require a child’s parents, guardian, legal […]

§ 16.1-253.2. Violation of provisions of protective orders; penalty

A. In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.14, or 16.1-279.1 or subsection B of § 20-103, when such violation involves a provision of the protective order that prohibits such person from (i) going or remaining upon […]

§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty

A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. B. When a law-enforcement officer or an allegedly abused person asserts […]

§ 16.1-254. Responsibility for and limitation on transportation of children

A. The detention home having custody or responsibility for supervision of a child pursuant to §§ 16.1-246, 16.1-247, 16.1-248.1, 16.1-249, and 16.1-250 shall be responsible for transportation of the child to all local medical appointments, dental appointments, psychological and psychiatric evaluations. Transportation of youth to special placements pursuant to § 16.1-286 shall be the responsibility […]