State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-278-5

§ 16.1-278.5. Children in need of supervision.

A. If a child is found to be in need of supervision, the court shall, beforefinal disposition of the case, direct the appropriate public agency toevaluate the child's service needs using an interdisciplinary team approach.The team shall consist of qualified personnel who are reasonably availablefrom the appropriate department of social services, community services board,local school division, court service unit and other appropriate and availablepublic and private agencies and may be the family assessment and planningteam established pursuant to § 2.2-5207. A report of the evaluation shall befiled as provided in § 16.1-274 A. In lieu of directing an evaluation bemade, the court may consider the report concerning the child of aninterdisciplinary team which met not more than ninety days prior to thecourt's making a finding that the child is in need of supervision.

B. The court may make any of the following orders of disposition for thesupervision, care and rehabilitation of the child:

1. Enter any order of disposition authorized by § 16.1-278.4 for a childfound to be in need of services;

2. Place the child on probation under such conditions and limitations as thecourt may prescribe including suspension of the child's driver's license uponterms and conditions which may include the issuance of a restricted licensefor those purposes set forth in subsection E of § 18.2-271.1;

3. Order the child and/or his parent to participate in such programs,cooperate in such treatment or be subject to such conditions and limitationsas the court may order and as are designed for the rehabilitation of thechild;

4. Require the child to participate in a public service project under suchconditions as the court may prescribe; or

5. a. Beginning July 1, 1992, in the case of any child subject to compulsoryschool attendance as provided in § 22.1-254, where the court finds that thechild's parent is in violation of §§ 22.1-254, 22.1-255, 22.1-265, or §22.1-267, in addition to any penalties provided in § 22.1-263 or § 22.1-265,the court may order the parent with whom the child is living to participatein such programs, cooperate in such treatment, or be subject to suchconditions and limitations as the court may order and as are designed for therehabilitation of the child and/or the parent. Upon the failure of the parentto so participate or cooperate, or to comply with the conditions andlimitations that the court orders, the court may impose a fine of not morethan $100 for each day in which the person fails to comply with the courtorder.

b. If the court finds that the parent has willfully disobeyed a lawfulprocess, judgment, decree, or court order requiring such person to complywith the compulsory school attendance law, in addition to any conditions orlimitations that the court may order or any penalties provided by §§16.1-278.2 through 16.1-278.19, 22.1-263 or § 22.1-265, the court may imposethe penalty authorized by § 18.2-371.

C. Any order entered pursuant to this section shall be provided in writing tothe child, his parent or legal custodian, and to the child's attorney andshall contain adequate notice of the provisions of § 16.1-292 regardingwillful violation of such order.

(1991, c. 534; 1992, cc. 837, 880; 1996, c. 45; 1997, c. 210.)

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-278-5

§ 16.1-278.5. Children in need of supervision.

A. If a child is found to be in need of supervision, the court shall, beforefinal disposition of the case, direct the appropriate public agency toevaluate the child's service needs using an interdisciplinary team approach.The team shall consist of qualified personnel who are reasonably availablefrom the appropriate department of social services, community services board,local school division, court service unit and other appropriate and availablepublic and private agencies and may be the family assessment and planningteam established pursuant to § 2.2-5207. A report of the evaluation shall befiled as provided in § 16.1-274 A. In lieu of directing an evaluation bemade, the court may consider the report concerning the child of aninterdisciplinary team which met not more than ninety days prior to thecourt's making a finding that the child is in need of supervision.

B. The court may make any of the following orders of disposition for thesupervision, care and rehabilitation of the child:

1. Enter any order of disposition authorized by § 16.1-278.4 for a childfound to be in need of services;

2. Place the child on probation under such conditions and limitations as thecourt may prescribe including suspension of the child's driver's license uponterms and conditions which may include the issuance of a restricted licensefor those purposes set forth in subsection E of § 18.2-271.1;

3. Order the child and/or his parent to participate in such programs,cooperate in such treatment or be subject to such conditions and limitationsas the court may order and as are designed for the rehabilitation of thechild;

4. Require the child to participate in a public service project under suchconditions as the court may prescribe; or

5. a. Beginning July 1, 1992, in the case of any child subject to compulsoryschool attendance as provided in § 22.1-254, where the court finds that thechild's parent is in violation of §§ 22.1-254, 22.1-255, 22.1-265, or §22.1-267, in addition to any penalties provided in § 22.1-263 or § 22.1-265,the court may order the parent with whom the child is living to participatein such programs, cooperate in such treatment, or be subject to suchconditions and limitations as the court may order and as are designed for therehabilitation of the child and/or the parent. Upon the failure of the parentto so participate or cooperate, or to comply with the conditions andlimitations that the court orders, the court may impose a fine of not morethan $100 for each day in which the person fails to comply with the courtorder.

b. If the court finds that the parent has willfully disobeyed a lawfulprocess, judgment, decree, or court order requiring such person to complywith the compulsory school attendance law, in addition to any conditions orlimitations that the court may order or any penalties provided by §§16.1-278.2 through 16.1-278.19, 22.1-263 or § 22.1-265, the court may imposethe penalty authorized by § 18.2-371.

C. Any order entered pursuant to this section shall be provided in writing tothe child, his parent or legal custodian, and to the child's attorney andshall contain adequate notice of the provisions of § 16.1-292 regardingwillful violation of such order.

(1991, c. 534; 1992, cc. 837, 880; 1996, c. 45; 1997, c. 210.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-11 > 16-1-278-5

§ 16.1-278.5. Children in need of supervision.

A. If a child is found to be in need of supervision, the court shall, beforefinal disposition of the case, direct the appropriate public agency toevaluate the child's service needs using an interdisciplinary team approach.The team shall consist of qualified personnel who are reasonably availablefrom the appropriate department of social services, community services board,local school division, court service unit and other appropriate and availablepublic and private agencies and may be the family assessment and planningteam established pursuant to § 2.2-5207. A report of the evaluation shall befiled as provided in § 16.1-274 A. In lieu of directing an evaluation bemade, the court may consider the report concerning the child of aninterdisciplinary team which met not more than ninety days prior to thecourt's making a finding that the child is in need of supervision.

B. The court may make any of the following orders of disposition for thesupervision, care and rehabilitation of the child:

1. Enter any order of disposition authorized by § 16.1-278.4 for a childfound to be in need of services;

2. Place the child on probation under such conditions and limitations as thecourt may prescribe including suspension of the child's driver's license uponterms and conditions which may include the issuance of a restricted licensefor those purposes set forth in subsection E of § 18.2-271.1;

3. Order the child and/or his parent to participate in such programs,cooperate in such treatment or be subject to such conditions and limitationsas the court may order and as are designed for the rehabilitation of thechild;

4. Require the child to participate in a public service project under suchconditions as the court may prescribe; or

5. a. Beginning July 1, 1992, in the case of any child subject to compulsoryschool attendance as provided in § 22.1-254, where the court finds that thechild's parent is in violation of §§ 22.1-254, 22.1-255, 22.1-265, or §22.1-267, in addition to any penalties provided in § 22.1-263 or § 22.1-265,the court may order the parent with whom the child is living to participatein such programs, cooperate in such treatment, or be subject to suchconditions and limitations as the court may order and as are designed for therehabilitation of the child and/or the parent. Upon the failure of the parentto so participate or cooperate, or to comply with the conditions andlimitations that the court orders, the court may impose a fine of not morethan $100 for each day in which the person fails to comply with the courtorder.

b. If the court finds that the parent has willfully disobeyed a lawfulprocess, judgment, decree, or court order requiring such person to complywith the compulsory school attendance law, in addition to any conditions orlimitations that the court may order or any penalties provided by §§16.1-278.2 through 16.1-278.19, 22.1-263 or § 22.1-265, the court may imposethe penalty authorized by § 18.2-371.

C. Any order entered pursuant to this section shall be provided in writing tothe child, his parent or legal custodian, and to the child's attorney andshall contain adequate notice of the provisions of § 16.1-292 regardingwillful violation of such order.

(1991, c. 534; 1992, cc. 837, 880; 1996, c. 45; 1997, c. 210.)