§ 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 theclerk, when authorized by the judge, of the juvenile and domestic relationsdistrict court in accordance with the provisions of this law or with awarrant issued by a magistrate; or
B. When a child is alleged to be in need of services or supervision and (i)there is a clear and substantial danger to the child's life or health or (ii)the assumption of custody is necessary to ensure the child's appearancebefore the court; or
C. When, in the presence of the officer who makes the arrest, a child hascommitted an act designated a crime under the law of this Commonwealth, or anordinance of any city, county, town or service district, or under federal lawand the officer believes that such is necessary for the protection of thepublic interest; or
C1. When a child has committed a misdemeanor offense involving (i)shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii)carrying a weapon on school property in violation of § 18.2-308.1 and,although the offense was not committed in the presence of the officer whomakes the arrest, the arrest is based on probable cause on reasonablecomplaint of a person who observed the alleged offense; or
D. When there is probable cause to believe that a child has committed anoffense which if committed by an adult would be a felony; or
E. When a law-enforcement officer has probable cause to believe that a personcommitted to the Department of Juvenile Justice as a child has run away orthat a child has escaped from a jail or detention home; or
F. When a law-enforcement officer has probable cause to believe a child hasrun away from a residential, child-caring facility or home in which he hadbeen placed by the court, the local department of social services or alicensed child welfare agency; or
G. When a law-enforcement officer has probable cause to believe that a child(i) has run away from home or (ii) is without adult supervision at such hoursof the night and under such circumstances that the law-enforcement officerreasonably concludes that there is a clear and substantial danger to thechild's welfare; or
H. When a child is believed to be in need of inpatient treatment for mentalillness as provided in § 16.1-340.
(Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977,c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985,c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.)
§ 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 theclerk, when authorized by the judge, of the juvenile and domestic relationsdistrict court in accordance with the provisions of this law or with awarrant issued by a magistrate; or
B. When a child is alleged to be in need of services or supervision and (i)there is a clear and substantial danger to the child's life or health or (ii)the assumption of custody is necessary to ensure the child's appearancebefore the court; or
C. When, in the presence of the officer who makes the arrest, a child hascommitted an act designated a crime under the law of this Commonwealth, or anordinance of any city, county, town or service district, or under federal lawand the officer believes that such is necessary for the protection of thepublic interest; or
C1. When a child has committed a misdemeanor offense involving (i)shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii)carrying a weapon on school property in violation of § 18.2-308.1 and,although the offense was not committed in the presence of the officer whomakes the arrest, the arrest is based on probable cause on reasonablecomplaint of a person who observed the alleged offense; or
D. When there is probable cause to believe that a child has committed anoffense which if committed by an adult would be a felony; or
E. When a law-enforcement officer has probable cause to believe that a personcommitted to the Department of Juvenile Justice as a child has run away orthat a child has escaped from a jail or detention home; or
F. When a law-enforcement officer has probable cause to believe a child hasrun away from a residential, child-caring facility or home in which he hadbeen placed by the court, the local department of social services or alicensed child welfare agency; or
G. When a law-enforcement officer has probable cause to believe that a child(i) has run away from home or (ii) is without adult supervision at such hoursof the night and under such circumstances that the law-enforcement officerreasonably concludes that there is a clear and substantial danger to thechild's welfare; or
H. When a child is believed to be in need of inpatient treatment for mentalillness as provided in § 16.1-340.
(Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977,c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985,c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.)
§ 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 theclerk, when authorized by the judge, of the juvenile and domestic relationsdistrict court in accordance with the provisions of this law or with awarrant issued by a magistrate; or
B. When a child is alleged to be in need of services or supervision and (i)there is a clear and substantial danger to the child's life or health or (ii)the assumption of custody is necessary to ensure the child's appearancebefore the court; or
C. When, in the presence of the officer who makes the arrest, a child hascommitted an act designated a crime under the law of this Commonwealth, or anordinance of any city, county, town or service district, or under federal lawand the officer believes that such is necessary for the protection of thepublic interest; or
C1. When a child has committed a misdemeanor offense involving (i)shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii)carrying a weapon on school property in violation of § 18.2-308.1 and,although the offense was not committed in the presence of the officer whomakes the arrest, the arrest is based on probable cause on reasonablecomplaint of a person who observed the alleged offense; or
D. When there is probable cause to believe that a child has committed anoffense which if committed by an adult would be a felony; or
E. When a law-enforcement officer has probable cause to believe that a personcommitted to the Department of Juvenile Justice as a child has run away orthat a child has escaped from a jail or detention home; or
F. When a law-enforcement officer has probable cause to believe a child hasrun away from a residential, child-caring facility or home in which he hadbeen placed by the court, the local department of social services or alicensed child welfare agency; or
G. When a law-enforcement officer has probable cause to believe that a child(i) has run away from home or (ii) is without adult supervision at such hoursof the night and under such circumstances that the law-enforcement officerreasonably concludes that there is a clear and substantial danger to thechild's welfare; or
H. When a child is believed to be in need of inpatient treatment for mentalillness as provided in § 16.1-340.
(Code 1950, § 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977,c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985,c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.)
