§ 16.1-335. Short title
The provisions of this article shall be known and may be cited as “The Psychiatric Treatment of Minors Act.” 1990, c. 975; 2010, cc. 778, 825.
§ 16.1-336. Definitions
When used in this article, unless the context otherwise requires: “Community services board” has the same meaning as provided in § 37.2-100. Whenever the term community services board appears, it shall include behavioral health authority, as that term is defined in § 37.2-100. “Consent” means the voluntary, express, and informed agreement to treatment in a […]
§ 16.1-336.1. Admission forms
The Office of the Executive Secretary of the Supreme Court of Virginia shall prepare the petitions, orders, and such other legal forms as may be required in proceedings for custody, detention, and involuntary admission pursuant to this article, and shall distribute such forms to the clerks of the juvenile and domestic relations district courts of […]
§ 16.1-337. Inpatient treatment of minors; general applicability; disclosure of records
A. A minor may be admitted to a mental health facility for inpatient treatment only pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or in accordance with an order of involuntary commitment entered pursuant to §§ 16.1-341 through 16.1-345. The provisions of Article 12 (§ 16.1-299 et seq.) of Chapter 11 and § 16.1-337.1 relating to […]
§ 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
A. The order from a commitment hearing issued pursuant to this article for involuntary admission or mandatory outpatient treatment for a minor 14 years of age or older and the certification of any minor 14 years of age or older who has been the subject of a temporary detention order pursuant to § 16.1-340.1 and […]
§ 16.1-338. Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older
A. A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment upon application and with the consent of a parent. A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment upon the joint application and […]
§ 16.1-339. Parental admission of an objecting minor 14 years of age or older
A. A minor 14 years of age or older who (i) objects to admission or (ii) is incapable of making an informed decision may be admitted to a willing facility for up to 120 hours, pending the review required by subsections B and C, upon the application of a parent. If admission is sought to […]
§ 16.1-339.1. Minors in detention homes or shelter care facilities
If a minor admitted to a mental health facility pursuant to this article was in a detention home or a shelter care facility at the time of his admission, the director of the detention home or shelter care facility or his designee shall provide, if available, the charges against the minor that are the basis […]
§ 16.1-340. Emergency custody; issuance and execution of order
A. Any magistrate shall issue, upon the sworn petition of a minor’s treating physician or parent or, if the parent is not available or is unable or unwilling to file a petition, by any responsible adult, including the person having custody over a minor in detention or shelter care pursuant to an order of a […]
§ 16.1-340.1:1. Facility of temporary detention
A. In each case in which an employee or designee of the local community services board is required to make an evaluation of a minor pursuant to subsection B, G, or H of § 16.1-340, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, […]
§ 16.1-340.1. Involuntary temporary detention; issuance and execution of order
A. A magistrate shall issue, upon the sworn petition of a minor’s treating physician or parent or, if the parent is not available or is unable or unwilling to file a petition, by any responsible adult, including the person having custody over a minor in detention or shelter care pursuant to an order of a […]
§ 16.1-340.2. Transportation of minor in the temporary detention process
A. In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the minor resides to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide […]
§ 16.1-340.3. Release of minor prior to commitment hearing for involuntary admission
Prior to a hearing as authorized in § 16.1-341, the judge may release the minor to his parent if it appears from all evidence readily available that the minor does not meet the commitment criteria specified in § 16.1-345. The director of any facility in which the minor is detained may release the minor prior […]
§ 16.1-340.4. Involuntary commitment; preadmission screening report
The juvenile and domestic relations district court shall require a preadmission screening report from the community services board that serves the area where the minor resides or, if impractical, where the minor is located. The report shall be prepared by an employee or designee of the community services board. The report shall be admitted as […]
§ 16.1-341. Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel
A. A petition for the involuntary commitment of a minor may be filed with the juvenile and domestic relations district court serving the jurisdiction in which the minor is located by a parent or, if the parent is not available or is unable or unwilling to file a petition, by any responsible adult, including the […]
§ 16.1-342. Involuntary commitment; clinical evaluation
A. Upon the filing of a petition for involuntary commitment, the juvenile and domestic relations district court shall direct the community services board serving the area in which the minor is located to arrange for an evaluation by a qualified evaluator, if one has not already been performed pursuant to subsection B of § 16.1-339. […]
§ 16.1-343. Involuntary commitment; duties of attorney for the minor
As far in advance as practicable after an attorney is appointed to represent a minor under this article, the minor’s attorney shall interview the minor; the minor’s parent, if available; the petitioner; and the qualified evaluator. He shall interview all other material witnesses, and examine all relevant diagnostic and other reports. Any state or local […]
§ 16.1-344. Involuntary commitment; hearing
A. The court shall summon to the hearing all material witnesses requested by either the minor or the petitioner. All testimony shall be under oath. The rules of evidence shall apply. The petitioner, minor and, with leave of court for good cause shown, any other person shall be given the opportunity to present evidence and […]
§ 16.1-345. Involuntary commitment; criteria
After observing the minor and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the minor, (iii) any past mental health treatment of the minor, (iv) any qualified evaluator’s report, (v) any medical records available, (vi) the preadmission screening report, and (vii) […]
§ 16.1-345.1. Use of electronic communication
A. Petitions and orders for emergency custody, temporary detention, and involuntary commitment of minors pursuant to this article may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an […]