A. A petition for the involuntary commitment of a minor may be filed with thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located by a parent or, if the parent is not available oris unable or unwilling to file a petition, by any responsible adult,including the person having custody over a minor in detention or shelter carepursuant to an order of a juvenile and domestic relations district court. Thepetition shall include the name and address of the petitioner and the minorand shall set forth in specific terms why the petitioner believes the minormeets the criteria for involuntary commitment specified in § 16.1-345. To theextent available, the petition shall contain the information required by §16.1-339.1. The petition shall be taken under oath.
If a commitment hearing has been scheduled pursuant to subdivision 3 ofsubsection C of § 16.1-339, the petition for judicial approval filed by thefacility under subsection C of § 16.1-339 shall serve as the petition forinvoluntary commitment as long as such petition complies in substance withthe provisions of this subsection.
B. Upon the filing of a petition for involuntary commitment of a minor, thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located shall schedule a hearing which shall occur nosooner than 24 hours and no later than 96 hours from the time the petitionwas filed or from the issuance of the temporary detention order as providedin § 16.1-340.1, whichever occurs later, or from the time of the hearing heldpursuant to subsection C of § 16.1-339 if the commitment hearing has beenconducted pursuant to subdivision C 3 of § 16.1-339. If the 96-hour periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 96 hours shall be extended to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The attorney for the minor, the guardian ad litem for the minor, the attorneyfor the Commonwealth in the jurisdiction giving rise to the detention, andthe juvenile and domestic relations district court having jurisdiction overany minor in detention or shelter care shall be given notice prior to thehearing.
If the petition is not dismissed or withdrawn, copies of the petition,together with a notice of the hearing, shall be served immediately upon theminor and the minor's parents, if they are not petitioners, by the sheriffsof the jurisdictions in which the minor and his parents are located. No laterthan 24 hours before the hearing, the court shall appoint a guardian ad litemfor the minor and counsel to represent the minor, unless it has determinedthat the minor has retained counsel. Upon the request of the minor's counsel,for good cause shown, and after notice to the petitioner and all otherpersons receiving notice of the hearing, the court may continue the hearingonce for a period not to exceed 96 hours.
Any recommendation made by a state mental health facility or state hospitalregarding the minor's involuntary commitment may be admissible during thecourse of the hearing.
(1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283; 2005,c. 346; 2006, c. 401; 2007, cc. 500, 897; 2008, cc. 140, 776, 783, 807, 808;2009, cc. 455, 555; 2010, cc. 778, 825.)
A. A petition for the involuntary commitment of a minor may be filed with thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located by a parent or, if the parent is not available oris unable or unwilling to file a petition, by any responsible adult,including the person having custody over a minor in detention or shelter carepursuant to an order of a juvenile and domestic relations district court. Thepetition shall include the name and address of the petitioner and the minorand shall set forth in specific terms why the petitioner believes the minormeets the criteria for involuntary commitment specified in § 16.1-345. To theextent available, the petition shall contain the information required by §16.1-339.1. The petition shall be taken under oath.
If a commitment hearing has been scheduled pursuant to subdivision 3 ofsubsection C of § 16.1-339, the petition for judicial approval filed by thefacility under subsection C of § 16.1-339 shall serve as the petition forinvoluntary commitment as long as such petition complies in substance withthe provisions of this subsection.
B. Upon the filing of a petition for involuntary commitment of a minor, thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located shall schedule a hearing which shall occur nosooner than 24 hours and no later than 96 hours from the time the petitionwas filed or from the issuance of the temporary detention order as providedin § 16.1-340.1, whichever occurs later, or from the time of the hearing heldpursuant to subsection C of § 16.1-339 if the commitment hearing has beenconducted pursuant to subdivision C 3 of § 16.1-339. If the 96-hour periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 96 hours shall be extended to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The attorney for the minor, the guardian ad litem for the minor, the attorneyfor the Commonwealth in the jurisdiction giving rise to the detention, andthe juvenile and domestic relations district court having jurisdiction overany minor in detention or shelter care shall be given notice prior to thehearing.
If the petition is not dismissed or withdrawn, copies of the petition,together with a notice of the hearing, shall be served immediately upon theminor and the minor's parents, if they are not petitioners, by the sheriffsof the jurisdictions in which the minor and his parents are located. No laterthan 24 hours before the hearing, the court shall appoint a guardian ad litemfor the minor and counsel to represent the minor, unless it has determinedthat the minor has retained counsel. Upon the request of the minor's counsel,for good cause shown, and after notice to the petitioner and all otherpersons receiving notice of the hearing, the court may continue the hearingonce for a period not to exceed 96 hours.
Any recommendation made by a state mental health facility or state hospitalregarding the minor's involuntary commitment may be admissible during thecourse of the hearing.
(1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283; 2005,c. 346; 2006, c. 401; 2007, cc. 500, 897; 2008, cc. 140, 776, 783, 807, 808;2009, cc. 455, 555; 2010, cc. 778, 825.)
A. A petition for the involuntary commitment of a minor may be filed with thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located by a parent or, if the parent is not available oris unable or unwilling to file a petition, by any responsible adult,including the person having custody over a minor in detention or shelter carepursuant to an order of a juvenile and domestic relations district court. Thepetition shall include the name and address of the petitioner and the minorand shall set forth in specific terms why the petitioner believes the minormeets the criteria for involuntary commitment specified in § 16.1-345. To theextent available, the petition shall contain the information required by §16.1-339.1. The petition shall be taken under oath.
If a commitment hearing has been scheduled pursuant to subdivision 3 ofsubsection C of § 16.1-339, the petition for judicial approval filed by thefacility under subsection C of § 16.1-339 shall serve as the petition forinvoluntary commitment as long as such petition complies in substance withthe provisions of this subsection.
B. Upon the filing of a petition for involuntary commitment of a minor, thejuvenile and domestic relations district court serving the jurisdiction inwhich the minor is located shall schedule a hearing which shall occur nosooner than 24 hours and no later than 96 hours from the time the petitionwas filed or from the issuance of the temporary detention order as providedin § 16.1-340.1, whichever occurs later, or from the time of the hearing heldpursuant to subsection C of § 16.1-339 if the commitment hearing has beenconducted pursuant to subdivision C 3 of § 16.1-339. If the 96-hour periodexpires on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the 96 hours shall be extended to the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.The attorney for the minor, the guardian ad litem for the minor, the attorneyfor the Commonwealth in the jurisdiction giving rise to the detention, andthe juvenile and domestic relations district court having jurisdiction overany minor in detention or shelter care shall be given notice prior to thehearing.
If the petition is not dismissed or withdrawn, copies of the petition,together with a notice of the hearing, shall be served immediately upon theminor and the minor's parents, if they are not petitioners, by the sheriffsof the jurisdictions in which the minor and his parents are located. No laterthan 24 hours before the hearing, the court shall appoint a guardian ad litemfor the minor and counsel to represent the minor, unless it has determinedthat the minor has retained counsel. Upon the request of the minor's counsel,for good cause shown, and after notice to the petitioner and all otherpersons receiving notice of the hearing, the court may continue the hearingonce for a period not to exceed 96 hours.
Any recommendation made by a state mental health facility or state hospitalregarding the minor's involuntary commitment may be admissible during thecourse of the hearing.
(1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283; 2005,c. 346; 2006, c. 401; 2007, cc. 500, 897; 2008, cc. 140, 776, 783, 807, 808;2009, cc. 455, 555; 2010, cc. 778, 825.)
