§ 16.1-340. Emergency custody; issuance and execution of order.
A. Any magistrate shall issue, upon the sworn petition of a minor's treatingphysician or parent or, if the parent is not available or is unable orunwilling to file a petition, by any responsible adult, including the personhaving custody over a minor in detention or shelter care pursuant to an orderof a juvenile and domestic relations district court, or upon his own motion,an emergency custody order when he has probable cause to believe that (i)because of mental illness, the minor (a) presents a serious danger to himselfor others to the extent that severe or irremediable injury is likely toresult, as evidenced by recent acts or threats, or (b) 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; and (ii) the minor is in need of compulsorytreatment for a mental illness and is reasonably likely to benefit from theproposed treatment. Any emergency custody order entered pursuant to thissection shall provide for the disclosure of medical records pursuant tosubsection B of § 16.1-337. This subsection shall not preclude any otherdisclosures as required or permitted by law. To the extent possible, thepetition shall contain the information required by § 16.1-339.1.
When considering whether there is probable cause to issue an emergencycustody order, the magistrate may, in addition to the petition, consider (1)the recommendations of any treating or examining physician or psychologistlicensed in Virginia, if available, (2) any past actions of the minor, (3)any past mental health treatment of the minor, (4) any relevant hearsayevidence, (5) any medical records available, (6) any affidavits submitted, ifthe witness is unavailable and it so states in the affidavit, and (7) anyother information available that the magistrate considers relevant to thedetermination of whether probable cause exists to issue an emergency custodyorder.
B. Any minor for whom an emergency custody order is issued shall be takeninto custody and transported to a convenient location to be evaluated todetermine whether he meets the criteria for temporary detention pursuant to §16.1-340.1 and to assess the need for hospitalization or treatment. Theevaluation shall be made by a person designated by the community servicesboard serving the area in which the minor is located who is skilled in thediagnosis and treatment of mental illness and who has completed acertification program approved by the Department.
C. The magistrate issuing an emergency custody order shall specify theprimary law-enforcement agency and jurisdiction to execute the emergencycustody order and provide transportation. However, in cases in which theemergency custody order is based upon a finding that the minor who is thesubject of the order has a mental illness and that, as a result of mentalillness, the minor is experiencing a serious deterioration of his ability tocare for himself in a developmentally age-appropriate manner, as evidenced bydelusionary thinking or by a significant impairment of functioning inhydration, nutrition, self-protection, or self-control, the magistrate mayauthorize transportation by an alternative transportation provider, includinga parent, family member, or friend of the minor who is the subject of theorder, a representative of the community services board, or othertransportation provider with personnel trained to provide transportation in asafe manner, upon determining, following consideration of informationprovided by the petitioner; the community services board or its designee; thelocal law-enforcement agency, if any; the minor's treating physician, if any;or other persons who are available and have knowledge of the minor, and, whenthe magistrate deems appropriate, the proposed alternative transportationprovider, either in person or via two-way electronic video and audio ortelephone communication system, that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner. Whentransportation is ordered to be provided by an alternative transportationprovider, the magistrate shall order the specified primary law-enforcementagency to execute the order, to take the minor into custody, and to transfercustody of the minor to the alternative transportation provider identified inthe order. In such cases, a copy of the emergency custody order shallaccompany the minor being transported pursuant to this section at all timesand shall be delivered by the alternative transportation provider to thecommunity services board or its designee responsible for conducting theevaluation. The community services board or its designee conducting theevaluation shall return a copy of the emergency custody order to the courtdesignated by the magistrate as soon as is practicable. Delivery of an orderto a law-enforcement officer or alternative transportation provider andreturn of an order to the court may be accomplished electronically or byfacsimile.
Transportation under this section shall include transportation to a medicalfacility as may be necessary to obtain emergency medical evaluation ortreatment that shall be conducted immediately in accordance with state andfederal law. Transportation under this section shall include transportationto a medical facility for a medical evaluation if a physician at the hospitalin which the minor subject to the emergency custody order may be detainedrequires a medical evaluation prior to admission.
D. In specifying the primary law-enforcement agency and jurisdiction forpurposes of this section, the magistrate shall order the primarylaw-enforcement agency from the jurisdiction served by the community servicesboard that designated the person to perform the evaluation required insubsection B to execute the order and, in cases in which transportation isordered to be provided by the primary law-enforcement agency, providetransportation. If the community services board serves more than onejurisdiction, the magistrate shall designate the primary law-enforcementagency from the particular jurisdiction within the community services board'sservice area where the minor who is the subject of the emergency custodyorder was taken into custody or, if the minor has not yet been taken intocustody, the primary law-enforcement agency from the jurisdiction where theminor is presently located to execute the order and provide transportation.
E. The law-enforcement agency or alternative transportation providerproviding transportation pursuant to this section may transfer custody of theminor to the facility or location to which the minor is transported for theevaluation required in subsection B, G, or H if the facility or location (i)is licensed to provide the level of security necessary to protect both theminor and others from harm, (ii) is actually capable of providing the levelof security necessary to protect the minor and others from harm, and (iii) incases in which transportation is provided by a law-enforcement agency, hasentered into an agreement or memorandum of understanding with thelaw-enforcement agency setting forth the terms and conditions under which itwill accept a transfer of custody, provided, however, that the facility orlocation may not require the law-enforcement agency to pay any fees or costsfor the transfer of custody.
F. A law-enforcement officer may lawfully go or be sent beyond theterritorial limits of the county, city, or town in which he serves to anypoint in the Commonwealth for the purpose of executing an emergency custodyorder pursuant to this section.
G. A law-enforcement officer who, based upon his observation or the reliablereports of others, has probable cause to believe that a minor meets thecriteria for emergency custody as stated in this section may take that minorinto custody and transport that minor to an appropriate location to assessthe need for hospitalization or treatment without prior authorization. Alaw-enforcement officer who takes a person into custody pursuant to thissubsection or subsection H may lawfully go or be sent beyond the territoriallimits of the county, city, or town in which he serves to any point in theCommonwealth for the purpose of obtaining the assessment. Such evaluationshall be conducted immediately. The period of custody shall not exceed fourhours from the time the law-enforcement officer takes the minor into custody.However, upon a finding by a magistrate that good cause exists to grant anextension, the magistrate shall issue an order extending the period ofemergency custody one time for an additional period not to exceed two hours.Good cause for an extension includes the need for additional time to allow(i) the community services board to identify a suitable facility in which theminor can be temporarily detained pursuant to § 16.1-340.1 or (ii) a medicalevaluation of the person to be completed if necessary.
H. A law-enforcement officer who is transporting a minor who has voluntarilyconsented to be transported to a facility for the purpose of assessment orevaluation and who is beyond the territorial limits of the county, city, ortown in which he serves may take such minor into custody and transport him toan appropriate location to assess the need for hospitalization or treatmentwithout prior authorization when the law-enforcement officer determines (i)that the minor has revoked consent to be transported to a facility for thepurpose of assessment or evaluation and (ii) based upon his observations,that probable cause exists to believe that the minor meets the criteria foremergency custody as stated in this section. The period of custody shall notexceed four hours from the time the law-enforcement officer takes the minorinto custody. However, upon a finding by a magistrate that good cause existsto grant an extension, the magistrate shall issue an order extending theperiod of emergency custody one time for an additional period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (a) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (b) amedical evaluation of the person to be completed if necessary.
I. Nothing herein shall preclude a law-enforcement officer or alternativetransportation provider from obtaining emergency medical treatment or furthermedical evaluation at any time for a minor in his custody as provided in thissection.
J. The minor shall remain in custody until a temporary detention order isissued, until the minor is released, or until the emergency custody orderexpires. An emergency custody order shall be valid for a period not to exceedfour hours from the time of execution. However, upon a finding by amagistrate that good cause exists to grant an extension, the magistrate shallextend the emergency custody order one time for a second period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (i) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (ii)a medical evaluation of the person to be completed if necessary. Any familymember, as defined in § 37.2-100, employee or designee of the communityservices board, treating physician, or law-enforcement officer may requestthe two-hour extension.
K. If an emergency custody order is not executed within four hours of itsissuance, the order shall be void and shall be returned unexecuted to theoffice of the clerk of the issuing court or, if such office is not open, toany magistrate serving the jurisdiction of the issuing court.
L. Payments shall be made pursuant to § 37.2-804 to licensed health careproviders for medical screening and assessment services provided to minorswith mental illnesses while in emergency custody.
(1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c. 837;2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc. 455,555; 2010, cc. 778, 825.)
§ 16.1-340. Emergency custody; issuance and execution of order.
A. Any magistrate shall issue, upon the sworn petition of a minor's treatingphysician or parent or, if the parent is not available or is unable orunwilling to file a petition, by any responsible adult, including the personhaving custody over a minor in detention or shelter care pursuant to an orderof a juvenile and domestic relations district court, or upon his own motion,an emergency custody order when he has probable cause to believe that (i)because of mental illness, the minor (a) presents a serious danger to himselfor others to the extent that severe or irremediable injury is likely toresult, as evidenced by recent acts or threats, or (b) 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; and (ii) the minor is in need of compulsorytreatment for a mental illness and is reasonably likely to benefit from theproposed treatment. Any emergency custody order entered pursuant to thissection shall provide for the disclosure of medical records pursuant tosubsection B of § 16.1-337. This subsection shall not preclude any otherdisclosures as required or permitted by law. To the extent possible, thepetition shall contain the information required by § 16.1-339.1.
When considering whether there is probable cause to issue an emergencycustody order, the magistrate may, in addition to the petition, consider (1)the recommendations of any treating or examining physician or psychologistlicensed in Virginia, if available, (2) any past actions of the minor, (3)any past mental health treatment of the minor, (4) any relevant hearsayevidence, (5) any medical records available, (6) any affidavits submitted, ifthe witness is unavailable and it so states in the affidavit, and (7) anyother information available that the magistrate considers relevant to thedetermination of whether probable cause exists to issue an emergency custodyorder.
B. Any minor for whom an emergency custody order is issued shall be takeninto custody and transported to a convenient location to be evaluated todetermine whether he meets the criteria for temporary detention pursuant to §16.1-340.1 and to assess the need for hospitalization or treatment. Theevaluation shall be made by a person designated by the community servicesboard serving the area in which the minor is located who is skilled in thediagnosis and treatment of mental illness and who has completed acertification program approved by the Department.
C. The magistrate issuing an emergency custody order shall specify theprimary law-enforcement agency and jurisdiction to execute the emergencycustody order and provide transportation. However, in cases in which theemergency custody order is based upon a finding that the minor who is thesubject of the order has a mental illness and that, as a result of mentalillness, the minor is experiencing a serious deterioration of his ability tocare for himself in a developmentally age-appropriate manner, as evidenced bydelusionary thinking or by a significant impairment of functioning inhydration, nutrition, self-protection, or self-control, the magistrate mayauthorize transportation by an alternative transportation provider, includinga parent, family member, or friend of the minor who is the subject of theorder, a representative of the community services board, or othertransportation provider with personnel trained to provide transportation in asafe manner, upon determining, following consideration of informationprovided by the petitioner; the community services board or its designee; thelocal law-enforcement agency, if any; the minor's treating physician, if any;or other persons who are available and have knowledge of the minor, and, whenthe magistrate deems appropriate, the proposed alternative transportationprovider, either in person or via two-way electronic video and audio ortelephone communication system, that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner. Whentransportation is ordered to be provided by an alternative transportationprovider, the magistrate shall order the specified primary law-enforcementagency to execute the order, to take the minor into custody, and to transfercustody of the minor to the alternative transportation provider identified inthe order. In such cases, a copy of the emergency custody order shallaccompany the minor being transported pursuant to this section at all timesand shall be delivered by the alternative transportation provider to thecommunity services board or its designee responsible for conducting theevaluation. The community services board or its designee conducting theevaluation shall return a copy of the emergency custody order to the courtdesignated by the magistrate as soon as is practicable. Delivery of an orderto a law-enforcement officer or alternative transportation provider andreturn of an order to the court may be accomplished electronically or byfacsimile.
Transportation under this section shall include transportation to a medicalfacility as may be necessary to obtain emergency medical evaluation ortreatment that shall be conducted immediately in accordance with state andfederal law. Transportation under this section shall include transportationto a medical facility for a medical evaluation if a physician at the hospitalin which the minor subject to the emergency custody order may be detainedrequires a medical evaluation prior to admission.
D. In specifying the primary law-enforcement agency and jurisdiction forpurposes of this section, the magistrate shall order the primarylaw-enforcement agency from the jurisdiction served by the community servicesboard that designated the person to perform the evaluation required insubsection B to execute the order and, in cases in which transportation isordered to be provided by the primary law-enforcement agency, providetransportation. If the community services board serves more than onejurisdiction, the magistrate shall designate the primary law-enforcementagency from the particular jurisdiction within the community services board'sservice area where the minor who is the subject of the emergency custodyorder was taken into custody or, if the minor has not yet been taken intocustody, the primary law-enforcement agency from the jurisdiction where theminor is presently located to execute the order and provide transportation.
E. The law-enforcement agency or alternative transportation providerproviding transportation pursuant to this section may transfer custody of theminor to the facility or location to which the minor is transported for theevaluation required in subsection B, G, or H if the facility or location (i)is licensed to provide the level of security necessary to protect both theminor and others from harm, (ii) is actually capable of providing the levelof security necessary to protect the minor and others from harm, and (iii) incases in which transportation is provided by a law-enforcement agency, hasentered into an agreement or memorandum of understanding with thelaw-enforcement agency setting forth the terms and conditions under which itwill accept a transfer of custody, provided, however, that the facility orlocation may not require the law-enforcement agency to pay any fees or costsfor the transfer of custody.
F. A law-enforcement officer may lawfully go or be sent beyond theterritorial limits of the county, city, or town in which he serves to anypoint in the Commonwealth for the purpose of executing an emergency custodyorder pursuant to this section.
G. A law-enforcement officer who, based upon his observation or the reliablereports of others, has probable cause to believe that a minor meets thecriteria for emergency custody as stated in this section may take that minorinto custody and transport that minor to an appropriate location to assessthe need for hospitalization or treatment without prior authorization. Alaw-enforcement officer who takes a person into custody pursuant to thissubsection or subsection H may lawfully go or be sent beyond the territoriallimits of the county, city, or town in which he serves to any point in theCommonwealth for the purpose of obtaining the assessment. Such evaluationshall be conducted immediately. The period of custody shall not exceed fourhours from the time the law-enforcement officer takes the minor into custody.However, upon a finding by a magistrate that good cause exists to grant anextension, the magistrate shall issue an order extending the period ofemergency custody one time for an additional period not to exceed two hours.Good cause for an extension includes the need for additional time to allow(i) the community services board to identify a suitable facility in which theminor can be temporarily detained pursuant to § 16.1-340.1 or (ii) a medicalevaluation of the person to be completed if necessary.
H. A law-enforcement officer who is transporting a minor who has voluntarilyconsented to be transported to a facility for the purpose of assessment orevaluation and who is beyond the territorial limits of the county, city, ortown in which he serves may take such minor into custody and transport him toan appropriate location to assess the need for hospitalization or treatmentwithout prior authorization when the law-enforcement officer determines (i)that the minor has revoked consent to be transported to a facility for thepurpose of assessment or evaluation and (ii) based upon his observations,that probable cause exists to believe that the minor meets the criteria foremergency custody as stated in this section. The period of custody shall notexceed four hours from the time the law-enforcement officer takes the minorinto custody. However, upon a finding by a magistrate that good cause existsto grant an extension, the magistrate shall issue an order extending theperiod of emergency custody one time for an additional period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (a) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (b) amedical evaluation of the person to be completed if necessary.
I. Nothing herein shall preclude a law-enforcement officer or alternativetransportation provider from obtaining emergency medical treatment or furthermedical evaluation at any time for a minor in his custody as provided in thissection.
J. The minor shall remain in custody until a temporary detention order isissued, until the minor is released, or until the emergency custody orderexpires. An emergency custody order shall be valid for a period not to exceedfour hours from the time of execution. However, upon a finding by amagistrate that good cause exists to grant an extension, the magistrate shallextend the emergency custody order one time for a second period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (i) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (ii)a medical evaluation of the person to be completed if necessary. Any familymember, as defined in § 37.2-100, employee or designee of the communityservices board, treating physician, or law-enforcement officer may requestthe two-hour extension.
K. If an emergency custody order is not executed within four hours of itsissuance, the order shall be void and shall be returned unexecuted to theoffice of the clerk of the issuing court or, if such office is not open, toany magistrate serving the jurisdiction of the issuing court.
L. Payments shall be made pursuant to § 37.2-804 to licensed health careproviders for medical screening and assessment services provided to minorswith mental illnesses while in emergency custody.
(1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c. 837;2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc. 455,555; 2010, cc. 778, 825.)
§ 16.1-340. Emergency custody; issuance and execution of order.
A. Any magistrate shall issue, upon the sworn petition of a minor's treatingphysician or parent or, if the parent is not available or is unable orunwilling to file a petition, by any responsible adult, including the personhaving custody over a minor in detention or shelter care pursuant to an orderof a juvenile and domestic relations district court, or upon his own motion,an emergency custody order when he has probable cause to believe that (i)because of mental illness, the minor (a) presents a serious danger to himselfor others to the extent that severe or irremediable injury is likely toresult, as evidenced by recent acts or threats, or (b) 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; and (ii) the minor is in need of compulsorytreatment for a mental illness and is reasonably likely to benefit from theproposed treatment. Any emergency custody order entered pursuant to thissection shall provide for the disclosure of medical records pursuant tosubsection B of § 16.1-337. This subsection shall not preclude any otherdisclosures as required or permitted by law. To the extent possible, thepetition shall contain the information required by § 16.1-339.1.
When considering whether there is probable cause to issue an emergencycustody order, the magistrate may, in addition to the petition, consider (1)the recommendations of any treating or examining physician or psychologistlicensed in Virginia, if available, (2) any past actions of the minor, (3)any past mental health treatment of the minor, (4) any relevant hearsayevidence, (5) any medical records available, (6) any affidavits submitted, ifthe witness is unavailable and it so states in the affidavit, and (7) anyother information available that the magistrate considers relevant to thedetermination of whether probable cause exists to issue an emergency custodyorder.
B. Any minor for whom an emergency custody order is issued shall be takeninto custody and transported to a convenient location to be evaluated todetermine whether he meets the criteria for temporary detention pursuant to §16.1-340.1 and to assess the need for hospitalization or treatment. Theevaluation shall be made by a person designated by the community servicesboard serving the area in which the minor is located who is skilled in thediagnosis and treatment of mental illness and who has completed acertification program approved by the Department.
C. The magistrate issuing an emergency custody order shall specify theprimary law-enforcement agency and jurisdiction to execute the emergencycustody order and provide transportation. However, in cases in which theemergency custody order is based upon a finding that the minor who is thesubject of the order has a mental illness and that, as a result of mentalillness, the minor is experiencing a serious deterioration of his ability tocare for himself in a developmentally age-appropriate manner, as evidenced bydelusionary thinking or by a significant impairment of functioning inhydration, nutrition, self-protection, or self-control, the magistrate mayauthorize transportation by an alternative transportation provider, includinga parent, family member, or friend of the minor who is the subject of theorder, a representative of the community services board, or othertransportation provider with personnel trained to provide transportation in asafe manner, upon determining, following consideration of informationprovided by the petitioner; the community services board or its designee; thelocal law-enforcement agency, if any; the minor's treating physician, if any;or other persons who are available and have knowledge of the minor, and, whenthe magistrate deems appropriate, the proposed alternative transportationprovider, either in person or via two-way electronic video and audio ortelephone communication system, that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner. Whentransportation is ordered to be provided by an alternative transportationprovider, the magistrate shall order the specified primary law-enforcementagency to execute the order, to take the minor into custody, and to transfercustody of the minor to the alternative transportation provider identified inthe order. In such cases, a copy of the emergency custody order shallaccompany the minor being transported pursuant to this section at all timesand shall be delivered by the alternative transportation provider to thecommunity services board or its designee responsible for conducting theevaluation. The community services board or its designee conducting theevaluation shall return a copy of the emergency custody order to the courtdesignated by the magistrate as soon as is practicable. Delivery of an orderto a law-enforcement officer or alternative transportation provider andreturn of an order to the court may be accomplished electronically or byfacsimile.
Transportation under this section shall include transportation to a medicalfacility as may be necessary to obtain emergency medical evaluation ortreatment that shall be conducted immediately in accordance with state andfederal law. Transportation under this section shall include transportationto a medical facility for a medical evaluation if a physician at the hospitalin which the minor subject to the emergency custody order may be detainedrequires a medical evaluation prior to admission.
D. In specifying the primary law-enforcement agency and jurisdiction forpurposes of this section, the magistrate shall order the primarylaw-enforcement agency from the jurisdiction served by the community servicesboard that designated the person to perform the evaluation required insubsection B to execute the order and, in cases in which transportation isordered to be provided by the primary law-enforcement agency, providetransportation. If the community services board serves more than onejurisdiction, the magistrate shall designate the primary law-enforcementagency from the particular jurisdiction within the community services board'sservice area where the minor who is the subject of the emergency custodyorder was taken into custody or, if the minor has not yet been taken intocustody, the primary law-enforcement agency from the jurisdiction where theminor is presently located to execute the order and provide transportation.
E. The law-enforcement agency or alternative transportation providerproviding transportation pursuant to this section may transfer custody of theminor to the facility or location to which the minor is transported for theevaluation required in subsection B, G, or H if the facility or location (i)is licensed to provide the level of security necessary to protect both theminor and others from harm, (ii) is actually capable of providing the levelof security necessary to protect the minor and others from harm, and (iii) incases in which transportation is provided by a law-enforcement agency, hasentered into an agreement or memorandum of understanding with thelaw-enforcement agency setting forth the terms and conditions under which itwill accept a transfer of custody, provided, however, that the facility orlocation may not require the law-enforcement agency to pay any fees or costsfor the transfer of custody.
F. A law-enforcement officer may lawfully go or be sent beyond theterritorial limits of the county, city, or town in which he serves to anypoint in the Commonwealth for the purpose of executing an emergency custodyorder pursuant to this section.
G. A law-enforcement officer who, based upon his observation or the reliablereports of others, has probable cause to believe that a minor meets thecriteria for emergency custody as stated in this section may take that minorinto custody and transport that minor to an appropriate location to assessthe need for hospitalization or treatment without prior authorization. Alaw-enforcement officer who takes a person into custody pursuant to thissubsection or subsection H may lawfully go or be sent beyond the territoriallimits of the county, city, or town in which he serves to any point in theCommonwealth for the purpose of obtaining the assessment. Such evaluationshall be conducted immediately. The period of custody shall not exceed fourhours from the time the law-enforcement officer takes the minor into custody.However, upon a finding by a magistrate that good cause exists to grant anextension, the magistrate shall issue an order extending the period ofemergency custody one time for an additional period not to exceed two hours.Good cause for an extension includes the need for additional time to allow(i) the community services board to identify a suitable facility in which theminor can be temporarily detained pursuant to § 16.1-340.1 or (ii) a medicalevaluation of the person to be completed if necessary.
H. A law-enforcement officer who is transporting a minor who has voluntarilyconsented to be transported to a facility for the purpose of assessment orevaluation and who is beyond the territorial limits of the county, city, ortown in which he serves may take such minor into custody and transport him toan appropriate location to assess the need for hospitalization or treatmentwithout prior authorization when the law-enforcement officer determines (i)that the minor has revoked consent to be transported to a facility for thepurpose of assessment or evaluation and (ii) based upon his observations,that probable cause exists to believe that the minor meets the criteria foremergency custody as stated in this section. The period of custody shall notexceed four hours from the time the law-enforcement officer takes the minorinto custody. However, upon a finding by a magistrate that good cause existsto grant an extension, the magistrate shall issue an order extending theperiod of emergency custody one time for an additional period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (a) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (b) amedical evaluation of the person to be completed if necessary.
I. Nothing herein shall preclude a law-enforcement officer or alternativetransportation provider from obtaining emergency medical treatment or furthermedical evaluation at any time for a minor in his custody as provided in thissection.
J. The minor shall remain in custody until a temporary detention order isissued, until the minor is released, or until the emergency custody orderexpires. An emergency custody order shall be valid for a period not to exceedfour hours from the time of execution. However, upon a finding by amagistrate that good cause exists to grant an extension, the magistrate shallextend the emergency custody order one time for a second period not to exceedtwo hours. Good cause for an extension includes the need for additional timeto allow (i) the community services board to identify a suitable facility inwhich the minor can be temporarily detained pursuant to § 16.1-340.1 or (ii)a medical evaluation of the person to be completed if necessary. Any familymember, as defined in § 37.2-100, employee or designee of the communityservices board, treating physician, or law-enforcement officer may requestthe two-hour extension.
K. If an emergency custody order is not executed within four hours of itsissuance, the order shall be void and shall be returned unexecuted to theoffice of the clerk of the issuing court or, if such office is not open, toany magistrate serving the jurisdiction of the issuing court.
L. Payments shall be made pursuant to § 37.2-804 to licensed health careproviders for medical screening and assessment services provided to minorswith mental illnesses while in emergency custody.
(1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c. 837;2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc. 455,555; 2010, cc. 778, 825.)
