§ 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) isincapable of making an informed decision may be admitted to a willingfacility for up to 96 hours, pending the review required by subsections B andC of this section, upon the application of a parent. If admission is soughtto a state hospital, the community services board serving the area in whichthe minor resides shall provide the preadmission screening report required bysubsection B of § 16.1-338 and shall ensure that the necessary writtenfindings, except the minor's consent, have been made before approving theadmission.
B. A minor admitted under this section shall be examined within 24 hours ofhis admission by a qualified evaluator designated by the community servicesboard serving the area where the facility is located. If the 24-hour timeperiod expires on a Saturday, Sunday, legal holiday or day on which the courtis lawfully closed, the 24 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The evaluator shall prepare a report that shall include written findings asto whether:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) is experiencing aserious deterioration of his ability to care for himself in a developmentallyage-appropriate manner, as evidenced by delusionary thinking or by asignificant impairment of functioning in hydration, nutrition,self-protection, or self-control;
2. The minor is in need of inpatient treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. Inpatient treatment is the least restrictive alternative that meets theminor's needs. The qualified evaluator shall submit his report to thejuvenile and domestic relations district court for the jurisdiction in whichthe facility is located.
C. Upon admission of a minor under this section, the facility shall file apetition for judicial approval no sooner than 24 hours and no later than 96hours after admission with the juvenile and domestic relations district courtfor the jurisdiction in which the facility is located. To the extentavailable, the petition shall contain the information required by §16.1-339.1. A copy of this petition shall be delivered to the minor'sconsenting parent. Upon receipt of the petition and of the evaluator's reportsubmitted pursuant to subsection B, the judge shall appoint a guardian adlitem for the minor and counsel to represent the minor, unless it has beendetermined that the minor has retained counsel. A copy of the evaluator'sreport shall be provided to the minor's counsel and guardian ad litem. Thecourt and the guardian ad litem shall review the petition and evaluator'sreport and shall ascertain the views of the minor, the minor's consentingparent, the evaluator, and the attending psychiatrist. The court shallconduct its review in such place and manner, including the facility, as itdeems to be in the best interests of the minor. Based upon its review and therecommendations of the guardian ad litem, the court shall order one of thefollowing dispositions:
1. If the court finds that the minor does not meet the criteria for admissionspecified in subsection B, the court shall issue an order directing thefacility to release the minor into the custody of the parent who consented tothe minor's admission. However, nothing herein shall be deemed to affect theterms and provisions of any valid court order of custody affecting the minor.
2. If the court finds that the minor meets the criteria for admissionspecified in subsection B, the court shall issue an order authorizingcontinued hospitalization of the minor for up to 90 days on the basis of theparent's consent.
Within 10 days after the admission of a minor under this section, thedirector of the facility or the director's designee shall ensure that anindividualized plan of treatment has been prepared by the providerresponsible for the minor's treatment and has been explained to the parentconsenting to the admission and to the minor. A copy of the plan shall alsobe provided to the guardian ad litem and to counsel for the minor. The minorshall be involved in the preparation of the plan to the maximum feasibleextent consistent with his ability to understand and participate, and theminor's family shall be involved to the maximum extent consistent with theminor's treatment needs. The plan shall include a preliminary plan forplacement and aftercare upon completion of inpatient treatment and shallinclude specific behavioral and emotional goals against which the success oftreatment may be measured.
3. If the court determines that the available information is insufficient topermit an informed determination regarding whether the minor meets thecriteria specified in subsection B, the court shall schedule a commitmenthearing that shall be conducted in accordance with the procedures specifiedin §§ 16.1-341 through 16.1-345. The minor may be detained in the hospitalfor up to 96 additional hours pending the holding of the commitment hearing.
D. A minor admitted under this section who rescinds his objection may beretained in the hospital pursuant to § 16.1-338.
E. If the parent who consented to a minor's admission under this sectionrevokes his consent at any time, the minor shall be released within 48 hoursto the parent's custody unless the minor's continued hospitalization isauthorized pursuant to § 16.1-340.1 or 16.1-345. If the 48-hour time periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 48 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.
F. A minor who has been hospitalized while properly detained by a juvenileand domestic relations district court or circuit court shall be returned tothe detention home, shelter care, or other facility approved by theDepartment of Juvenile Justice by the sheriff serving the jurisdiction wherethe minor was detained within 24 hours following completion of a period ofinpatient treatment, unless the court having jurisdiction over the caseorders that the minor be released from custody.
(1990, c. 975; 1991, c. 159; 2005, c. 716; 2007, cc. 500, 897; 2008, cc. 139,774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825.)
§ 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) isincapable of making an informed decision may be admitted to a willingfacility for up to 96 hours, pending the review required by subsections B andC of this section, upon the application of a parent. If admission is soughtto a state hospital, the community services board serving the area in whichthe minor resides shall provide the preadmission screening report required bysubsection B of § 16.1-338 and shall ensure that the necessary writtenfindings, except the minor's consent, have been made before approving theadmission.
B. A minor admitted under this section shall be examined within 24 hours ofhis admission by a qualified evaluator designated by the community servicesboard serving the area where the facility is located. If the 24-hour timeperiod expires on a Saturday, Sunday, legal holiday or day on which the courtis lawfully closed, the 24 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The evaluator shall prepare a report that shall include written findings asto whether:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) is experiencing aserious deterioration of his ability to care for himself in a developmentallyage-appropriate manner, as evidenced by delusionary thinking or by asignificant impairment of functioning in hydration, nutrition,self-protection, or self-control;
2. The minor is in need of inpatient treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. Inpatient treatment is the least restrictive alternative that meets theminor's needs. The qualified evaluator shall submit his report to thejuvenile and domestic relations district court for the jurisdiction in whichthe facility is located.
C. Upon admission of a minor under this section, the facility shall file apetition for judicial approval no sooner than 24 hours and no later than 96hours after admission with the juvenile and domestic relations district courtfor the jurisdiction in which the facility is located. To the extentavailable, the petition shall contain the information required by §16.1-339.1. A copy of this petition shall be delivered to the minor'sconsenting parent. Upon receipt of the petition and of the evaluator's reportsubmitted pursuant to subsection B, the judge shall appoint a guardian adlitem for the minor and counsel to represent the minor, unless it has beendetermined that the minor has retained counsel. A copy of the evaluator'sreport shall be provided to the minor's counsel and guardian ad litem. Thecourt and the guardian ad litem shall review the petition and evaluator'sreport and shall ascertain the views of the minor, the minor's consentingparent, the evaluator, and the attending psychiatrist. The court shallconduct its review in such place and manner, including the facility, as itdeems to be in the best interests of the minor. Based upon its review and therecommendations of the guardian ad litem, the court shall order one of thefollowing dispositions:
1. If the court finds that the minor does not meet the criteria for admissionspecified in subsection B, the court shall issue an order directing thefacility to release the minor into the custody of the parent who consented tothe minor's admission. However, nothing herein shall be deemed to affect theterms and provisions of any valid court order of custody affecting the minor.
2. If the court finds that the minor meets the criteria for admissionspecified in subsection B, the court shall issue an order authorizingcontinued hospitalization of the minor for up to 90 days on the basis of theparent's consent.
Within 10 days after the admission of a minor under this section, thedirector of the facility or the director's designee shall ensure that anindividualized plan of treatment has been prepared by the providerresponsible for the minor's treatment and has been explained to the parentconsenting to the admission and to the minor. A copy of the plan shall alsobe provided to the guardian ad litem and to counsel for the minor. The minorshall be involved in the preparation of the plan to the maximum feasibleextent consistent with his ability to understand and participate, and theminor's family shall be involved to the maximum extent consistent with theminor's treatment needs. The plan shall include a preliminary plan forplacement and aftercare upon completion of inpatient treatment and shallinclude specific behavioral and emotional goals against which the success oftreatment may be measured.
3. If the court determines that the available information is insufficient topermit an informed determination regarding whether the minor meets thecriteria specified in subsection B, the court shall schedule a commitmenthearing that shall be conducted in accordance with the procedures specifiedin §§ 16.1-341 through 16.1-345. The minor may be detained in the hospitalfor up to 96 additional hours pending the holding of the commitment hearing.
D. A minor admitted under this section who rescinds his objection may beretained in the hospital pursuant to § 16.1-338.
E. If the parent who consented to a minor's admission under this sectionrevokes his consent at any time, the minor shall be released within 48 hoursto the parent's custody unless the minor's continued hospitalization isauthorized pursuant to § 16.1-340.1 or 16.1-345. If the 48-hour time periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 48 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.
F. A minor who has been hospitalized while properly detained by a juvenileand domestic relations district court or circuit court shall be returned tothe detention home, shelter care, or other facility approved by theDepartment of Juvenile Justice by the sheriff serving the jurisdiction wherethe minor was detained within 24 hours following completion of a period ofinpatient treatment, unless the court having jurisdiction over the caseorders that the minor be released from custody.
(1990, c. 975; 1991, c. 159; 2005, c. 716; 2007, cc. 500, 897; 2008, cc. 139,774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825.)
§ 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) isincapable of making an informed decision may be admitted to a willingfacility for up to 96 hours, pending the review required by subsections B andC of this section, upon the application of a parent. If admission is soughtto a state hospital, the community services board serving the area in whichthe minor resides shall provide the preadmission screening report required bysubsection B of § 16.1-338 and shall ensure that the necessary writtenfindings, except the minor's consent, have been made before approving theadmission.
B. A minor admitted under this section shall be examined within 24 hours ofhis admission by a qualified evaluator designated by the community servicesboard serving the area where the facility is located. If the 24-hour timeperiod expires on a Saturday, Sunday, legal holiday or day on which the courtis lawfully closed, the 24 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The evaluator shall prepare a report that shall include written findings asto whether:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) is experiencing aserious deterioration of his ability to care for himself in a developmentallyage-appropriate manner, as evidenced by delusionary thinking or by asignificant impairment of functioning in hydration, nutrition,self-protection, or self-control;
2. The minor is in need of inpatient treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. Inpatient treatment is the least restrictive alternative that meets theminor's needs. The qualified evaluator shall submit his report to thejuvenile and domestic relations district court for the jurisdiction in whichthe facility is located.
C. Upon admission of a minor under this section, the facility shall file apetition for judicial approval no sooner than 24 hours and no later than 96hours after admission with the juvenile and domestic relations district courtfor the jurisdiction in which the facility is located. To the extentavailable, the petition shall contain the information required by §16.1-339.1. A copy of this petition shall be delivered to the minor'sconsenting parent. Upon receipt of the petition and of the evaluator's reportsubmitted pursuant to subsection B, the judge shall appoint a guardian adlitem for the minor and counsel to represent the minor, unless it has beendetermined that the minor has retained counsel. A copy of the evaluator'sreport shall be provided to the minor's counsel and guardian ad litem. Thecourt and the guardian ad litem shall review the petition and evaluator'sreport and shall ascertain the views of the minor, the minor's consentingparent, the evaluator, and the attending psychiatrist. The court shallconduct its review in such place and manner, including the facility, as itdeems to be in the best interests of the minor. Based upon its review and therecommendations of the guardian ad litem, the court shall order one of thefollowing dispositions:
1. If the court finds that the minor does not meet the criteria for admissionspecified in subsection B, the court shall issue an order directing thefacility to release the minor into the custody of the parent who consented tothe minor's admission. However, nothing herein shall be deemed to affect theterms and provisions of any valid court order of custody affecting the minor.
2. If the court finds that the minor meets the criteria for admissionspecified in subsection B, the court shall issue an order authorizingcontinued hospitalization of the minor for up to 90 days on the basis of theparent's consent.
Within 10 days after the admission of a minor under this section, thedirector of the facility or the director's designee shall ensure that anindividualized plan of treatment has been prepared by the providerresponsible for the minor's treatment and has been explained to the parentconsenting to the admission and to the minor. A copy of the plan shall alsobe provided to the guardian ad litem and to counsel for the minor. The minorshall be involved in the preparation of the plan to the maximum feasibleextent consistent with his ability to understand and participate, and theminor's family shall be involved to the maximum extent consistent with theminor's treatment needs. The plan shall include a preliminary plan forplacement and aftercare upon completion of inpatient treatment and shallinclude specific behavioral and emotional goals against which the success oftreatment may be measured.
3. If the court determines that the available information is insufficient topermit an informed determination regarding whether the minor meets thecriteria specified in subsection B, the court shall schedule a commitmenthearing that shall be conducted in accordance with the procedures specifiedin §§ 16.1-341 through 16.1-345. The minor may be detained in the hospitalfor up to 96 additional hours pending the holding of the commitment hearing.
D. A minor admitted under this section who rescinds his objection may beretained in the hospital pursuant to § 16.1-338.
E. If the parent who consented to a minor's admission under this sectionrevokes his consent at any time, the minor shall be released within 48 hoursto the parent's custody unless the minor's continued hospitalization isauthorized pursuant to § 16.1-340.1 or 16.1-345. If the 48-hour time periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 48 hours shall extend to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.
F. A minor who has been hospitalized while properly detained by a juvenileand domestic relations district court or circuit court shall be returned tothe detention home, shelter care, or other facility approved by theDepartment of Juvenile Justice by the sheriff serving the jurisdiction wherethe minor was detained within 24 hours following completion of a period ofinpatient treatment, unless the court having jurisdiction over the caseorders that the minor be released from custody.
(1990, c. 975; 1991, c. 159; 2005, c. 716; 2007, cc. 500, 897; 2008, cc. 139,774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825.)
