§ 16.1-340.1. Involuntary temporary detention; issuance and execution oforder.
A. A 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 motionand only after an evaluation conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 16.1-345.1by an employee or designee of the local community services board to determinewhether the minor meets the criteria for temporary detention, a temporarydetention order if it appears from all evidence readily available, includingany recommendation from a physician or clinical psychologist treating theperson, that (i) because of mental illness, the minor (a) presents a seriousdanger to himself or others to the extent that severe or irremediable injuryis likely to result, as evidenced by recent acts or threats, or (b) isexperiencing a serious deterioration of his ability to care for himself in adevelopmentally age-appropriate manner, as evidenced by delusionary thinkingor by a significant 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. The magistrate shall also consider the recommendations ofthe minor's parents and of any treating or examining physician licensed inVirginia if available either verbally or in writing prior to rendering adecision. To the extent possible, the petition shall contain the informationrequired by § 16.1-339.1. Any temporary detention order entered pursuant tothis section shall be effective until such time as the juvenile and domesticrelations district court serving the jurisdiction in which the minor islocated conducts a hearing pursuant to subsection B of § 16.1-341. Anytemporary detention order entered pursuant to this section shall provide forthe disclosure of medical records pursuant to subsection B of § 16.1-337.This subsection shall not preclude any other disclosures as required orpermitted by law.
B. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theminor, (iii) any past mental health treatment of the minor, (iv) any relevanthearsay evidence, (v) any medical records available, (vi) any affidavitssubmitted, if the witness is unavailable and it so states in the affidavit,and (vii) any other information available that the magistrate considersrelevant to the determination of whether probable cause exists to issue atemporary detention order.
C. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection A if (i) the minor has beenpersonally examined within the previous 72 hours by an employee or designeeof the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the minor or to others associatedwith conducting such evaluation.
D. An employee or designee of the community services board shall determinethe facility of temporary detention for all minors detained pursuant to thissection. The facility of temporary detention shall be one that has beenapproved pursuant to regulations of the Board of Behavioral Health andDevelopmental Services. The facility shall be identified on the preadmissionscreening report and indicated on the temporary detention order. Except forminors who are detained for a criminal offense by a juvenile and domesticrelations district court and who require hospitalization in accordance withthis article, the minor shall not be detained in a jail or other place ofconfinement for persons charged with criminal offenses and shall remain inthe custody of law enforcement until the minor is either detained within asecure facility or custody has been accepted by the appropriate personneldesignated by the facility identified in the temporary detention order.
E. Any facility caring for a minor placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the minor within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
F. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theminor. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
G. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 16.1-342, preparation of thepreadmission screening report required by § 16.1-340.4, and initiation ofmental health treatment to stabilize the minor's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 96 hoursprior to a hearing. If the 96-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the minor may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The minor may be released, pursuant to §16.1-340.3, before the 96-hour period herein specified has run.
H. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
I. For purposes of this section a healthcare provider or an employee ordesignee of the local community services board shall not be required toencrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
J. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall, if he recommendsthat the minor should not be subject to a temporary detention order, informthe petitioner and an on-site treating physician of his recommendation.
K. Each community services board shall provide to each juvenile and domesticrelations district court and magistrate's office within its service area alist of employees and designees who are available to perform the evaluationsrequired herein.
§ 16.1-340.1. Involuntary temporary detention; issuance and execution oforder.
A. A 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 motionand only after an evaluation conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 16.1-345.1by an employee or designee of the local community services board to determinewhether the minor meets the criteria for temporary detention, a temporarydetention order if it appears from all evidence readily available, includingany recommendation from a physician or clinical psychologist treating theperson, that (i) because of mental illness, the minor (a) presents a seriousdanger to himself or others to the extent that severe or irremediable injuryis likely to result, as evidenced by recent acts or threats, or (b) isexperiencing a serious deterioration of his ability to care for himself in adevelopmentally age-appropriate manner, as evidenced by delusionary thinkingor by a significant 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. The magistrate shall also consider the recommendations ofthe minor's parents and of any treating or examining physician licensed inVirginia if available either verbally or in writing prior to rendering adecision. To the extent possible, the petition shall contain the informationrequired by § 16.1-339.1. Any temporary detention order entered pursuant tothis section shall be effective until such time as the juvenile and domesticrelations district court serving the jurisdiction in which the minor islocated conducts a hearing pursuant to subsection B of § 16.1-341. Anytemporary detention order entered pursuant to this section shall provide forthe disclosure of medical records pursuant to subsection B of § 16.1-337.This subsection shall not preclude any other disclosures as required orpermitted by law.
B. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theminor, (iii) any past mental health treatment of the minor, (iv) any relevanthearsay evidence, (v) any medical records available, (vi) any affidavitssubmitted, if the witness is unavailable and it so states in the affidavit,and (vii) any other information available that the magistrate considersrelevant to the determination of whether probable cause exists to issue atemporary detention order.
C. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection A if (i) the minor has beenpersonally examined within the previous 72 hours by an employee or designeeof the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the minor or to others associatedwith conducting such evaluation.
D. An employee or designee of the community services board shall determinethe facility of temporary detention for all minors detained pursuant to thissection. The facility of temporary detention shall be one that has beenapproved pursuant to regulations of the Board of Behavioral Health andDevelopmental Services. The facility shall be identified on the preadmissionscreening report and indicated on the temporary detention order. Except forminors who are detained for a criminal offense by a juvenile and domesticrelations district court and who require hospitalization in accordance withthis article, the minor shall not be detained in a jail or other place ofconfinement for persons charged with criminal offenses and shall remain inthe custody of law enforcement until the minor is either detained within asecure facility or custody has been accepted by the appropriate personneldesignated by the facility identified in the temporary detention order.
E. Any facility caring for a minor placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the minor within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
F. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theminor. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
G. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 16.1-342, preparation of thepreadmission screening report required by § 16.1-340.4, and initiation ofmental health treatment to stabilize the minor's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 96 hoursprior to a hearing. If the 96-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the minor may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The minor may be released, pursuant to §16.1-340.3, before the 96-hour period herein specified has run.
H. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
I. For purposes of this section a healthcare provider or an employee ordesignee of the local community services board shall not be required toencrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
J. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall, if he recommendsthat the minor should not be subject to a temporary detention order, informthe petitioner and an on-site treating physician of his recommendation.
K. Each community services board shall provide to each juvenile and domesticrelations district court and magistrate's office within its service area alist of employees and designees who are available to perform the evaluationsrequired herein.
§ 16.1-340.1. Involuntary temporary detention; issuance and execution oforder.
A. A 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 motionand only after an evaluation conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 16.1-345.1by an employee or designee of the local community services board to determinewhether the minor meets the criteria for temporary detention, a temporarydetention order if it appears from all evidence readily available, includingany recommendation from a physician or clinical psychologist treating theperson, that (i) because of mental illness, the minor (a) presents a seriousdanger to himself or others to the extent that severe or irremediable injuryis likely to result, as evidenced by recent acts or threats, or (b) isexperiencing a serious deterioration of his ability to care for himself in adevelopmentally age-appropriate manner, as evidenced by delusionary thinkingor by a significant 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. The magistrate shall also consider the recommendations ofthe minor's parents and of any treating or examining physician licensed inVirginia if available either verbally or in writing prior to rendering adecision. To the extent possible, the petition shall contain the informationrequired by § 16.1-339.1. Any temporary detention order entered pursuant tothis section shall be effective until such time as the juvenile and domesticrelations district court serving the jurisdiction in which the minor islocated conducts a hearing pursuant to subsection B of § 16.1-341. Anytemporary detention order entered pursuant to this section shall provide forthe disclosure of medical records pursuant to subsection B of § 16.1-337.This subsection shall not preclude any other disclosures as required orpermitted by law.
B. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theminor, (iii) any past mental health treatment of the minor, (iv) any relevanthearsay evidence, (v) any medical records available, (vi) any affidavitssubmitted, if the witness is unavailable and it so states in the affidavit,and (vii) any other information available that the magistrate considersrelevant to the determination of whether probable cause exists to issue atemporary detention order.
C. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection A if (i) the minor has beenpersonally examined within the previous 72 hours by an employee or designeeof the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the minor or to others associatedwith conducting such evaluation.
D. An employee or designee of the community services board shall determinethe facility of temporary detention for all minors detained pursuant to thissection. The facility of temporary detention shall be one that has beenapproved pursuant to regulations of the Board of Behavioral Health andDevelopmental Services. The facility shall be identified on the preadmissionscreening report and indicated on the temporary detention order. Except forminors who are detained for a criminal offense by a juvenile and domesticrelations district court and who require hospitalization in accordance withthis article, the minor shall not be detained in a jail or other place ofconfinement for persons charged with criminal offenses and shall remain inthe custody of law enforcement until the minor is either detained within asecure facility or custody has been accepted by the appropriate personneldesignated by the facility identified in the temporary detention order.
E. Any facility caring for a minor placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the minor within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
F. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theminor. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
G. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 16.1-342, preparation of thepreadmission screening report required by § 16.1-340.4, and initiation ofmental health treatment to stabilize the minor's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 96 hoursprior to a hearing. If the 96-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the minor may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The minor may be released, pursuant to §16.1-340.3, before the 96-hour period herein specified has run.
H. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
I. For purposes of this section a healthcare provider or an employee ordesignee of the local community services board shall not be required toencrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
J. The employee or designee of the local community services board who isconducting the evaluation pursuant to this section shall, if he recommendsthat the minor should not be subject to a temporary detention order, informthe petitioner and an on-site treating physician of his recommendation.
K. Each community services board shall provide to each juvenile and domesticrelations district court and magistrate's office within its service area alist of employees and designees who are available to perform the evaluationsrequired herein.
