A. Upon the filing of a petition for involuntary commitment, the juvenile anddomestic relations district court shall direct the community services boardserving the area in which the minor is located to arrange for an evaluationby a qualified evaluator, if one has not already been performed pursuant tosubsection B of § 16.1-339. All such evaluations shall be conducted inprivate. In conducting a clinical evaluation of a minor in detention orshelter care, if the evaluator finds, irrespective of the fact that the minorhas been detained, that the minor meets the criteria for involuntarycommitment in § 16.1-345, the evaluator shall recommend that the minor meetsthe criteria for involuntary commitment. The petitioner, all public agencies,and all providers or programs which have treated or who are treating theminor, shall cooperate with the evaluator and shall promptly deliver, uponrequest and without charge, all records of treatment or education of theminor. At least 24 hours before the scheduled hearing, the evaluator shallsubmit to the court a written report which includes the evaluator's opinionregarding whether the minor meets the criteria for involuntary commitmentspecified in § 16.1-345. A copy of the evaluator's report shall be providedto the minor's guardian ad litem and to the minor's counsel. The evaluator,if not physically present at the hearing, shall be available for questioningduring the hearing through a two-way electronic video and audio or telephoniccommunication system as authorized in § 16.1-345.1. When the qualifiedevaluator attends the hearing in person or by electronic communication, heshall not be excluded from the hearing pursuant to an order of sequestrationof witnesses.
B. Any evaluation conducted pursuant to this section shall be a comprehensiveevaluation of the minor conducted in-person or, if that is not practicable,by a two-way electronic video and audio communication system as authorized in§ 16.1-345.1. Translation or interpreter services shall be provided duringthe evaluation where necessary. The examination shall consist of (i) aclinical assessment that includes a mental status examination; determinationof current use of psychotropic and other medications; a medical andpsychiatric history; a substance use, abuse, or dependency determination; anda determination of the likelihood that, because of mental illness, the minoris experiencing a serious deterioration of his ability to care for himself ina developmentally age-appropriate manner, as evidenced by delusionarythinking or by a significant impairment of functioning in hydration,nutrition, self-protection, or self-control; (ii) a substance abusescreening, when indicated; (iii) a risk assessment that includes anevaluation of the likelihood that, because of mental illness, the minorpresents a serious danger to himself or others to the extent that severe orirremediable injury is likely to result, as evidenced by recent acts orthreats; (iv) for a minor 14 years of age or older, an assessment of theminor's capacity to consent to treatment, including his ability to maintainand communicate choice, understand relevant information, and comprehend thesituation and its consequences; (v) if prior to the examination the minor hasbeen temporarily detained pursuant to this article, a review of the temporarydetention facility's records for the minor, including the treatingphysician's evaluation, any collateral information, reports of any laboratoryor toxicology tests conducted, and all admission forms and nurses' notes;(vi) a discussion of treatment preferences expressed by the minor or hisparents or contained in a document provided by the minor or his parents insupport of recovery; (vii) an assessment of alternatives to involuntaryinpatient treatment; and (viii) recommendations for the placement, care, andtreatment of the minor.
(1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.)
A. Upon the filing of a petition for involuntary commitment, the juvenile anddomestic relations district court shall direct the community services boardserving the area in which the minor is located to arrange for an evaluationby a qualified evaluator, if one has not already been performed pursuant tosubsection B of § 16.1-339. All such evaluations shall be conducted inprivate. In conducting a clinical evaluation of a minor in detention orshelter care, if the evaluator finds, irrespective of the fact that the minorhas been detained, that the minor meets the criteria for involuntarycommitment in § 16.1-345, the evaluator shall recommend that the minor meetsthe criteria for involuntary commitment. The petitioner, all public agencies,and all providers or programs which have treated or who are treating theminor, shall cooperate with the evaluator and shall promptly deliver, uponrequest and without charge, all records of treatment or education of theminor. At least 24 hours before the scheduled hearing, the evaluator shallsubmit to the court a written report which includes the evaluator's opinionregarding whether the minor meets the criteria for involuntary commitmentspecified in § 16.1-345. A copy of the evaluator's report shall be providedto the minor's guardian ad litem and to the minor's counsel. The evaluator,if not physically present at the hearing, shall be available for questioningduring the hearing through a two-way electronic video and audio or telephoniccommunication system as authorized in § 16.1-345.1. When the qualifiedevaluator attends the hearing in person or by electronic communication, heshall not be excluded from the hearing pursuant to an order of sequestrationof witnesses.
B. Any evaluation conducted pursuant to this section shall be a comprehensiveevaluation of the minor conducted in-person or, if that is not practicable,by a two-way electronic video and audio communication system as authorized in§ 16.1-345.1. Translation or interpreter services shall be provided duringthe evaluation where necessary. The examination shall consist of (i) aclinical assessment that includes a mental status examination; determinationof current use of psychotropic and other medications; a medical andpsychiatric history; a substance use, abuse, or dependency determination; anda determination of the likelihood that, because of mental illness, the minoris experiencing a serious deterioration of his ability to care for himself ina developmentally age-appropriate manner, as evidenced by delusionarythinking or by a significant impairment of functioning in hydration,nutrition, self-protection, or self-control; (ii) a substance abusescreening, when indicated; (iii) a risk assessment that includes anevaluation of the likelihood that, because of mental illness, the minorpresents a serious danger to himself or others to the extent that severe orirremediable injury is likely to result, as evidenced by recent acts orthreats; (iv) for a minor 14 years of age or older, an assessment of theminor's capacity to consent to treatment, including his ability to maintainand communicate choice, understand relevant information, and comprehend thesituation and its consequences; (v) if prior to the examination the minor hasbeen temporarily detained pursuant to this article, a review of the temporarydetention facility's records for the minor, including the treatingphysician's evaluation, any collateral information, reports of any laboratoryor toxicology tests conducted, and all admission forms and nurses' notes;(vi) a discussion of treatment preferences expressed by the minor or hisparents or contained in a document provided by the minor or his parents insupport of recovery; (vii) an assessment of alternatives to involuntaryinpatient treatment; and (viii) recommendations for the placement, care, andtreatment of the minor.
(1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.)
A. Upon the filing of a petition for involuntary commitment, the juvenile anddomestic relations district court shall direct the community services boardserving the area in which the minor is located to arrange for an evaluationby a qualified evaluator, if one has not already been performed pursuant tosubsection B of § 16.1-339. All such evaluations shall be conducted inprivate. In conducting a clinical evaluation of a minor in detention orshelter care, if the evaluator finds, irrespective of the fact that the minorhas been detained, that the minor meets the criteria for involuntarycommitment in § 16.1-345, the evaluator shall recommend that the minor meetsthe criteria for involuntary commitment. The petitioner, all public agencies,and all providers or programs which have treated or who are treating theminor, shall cooperate with the evaluator and shall promptly deliver, uponrequest and without charge, all records of treatment or education of theminor. At least 24 hours before the scheduled hearing, the evaluator shallsubmit to the court a written report which includes the evaluator's opinionregarding whether the minor meets the criteria for involuntary commitmentspecified in § 16.1-345. A copy of the evaluator's report shall be providedto the minor's guardian ad litem and to the minor's counsel. The evaluator,if not physically present at the hearing, shall be available for questioningduring the hearing through a two-way electronic video and audio or telephoniccommunication system as authorized in § 16.1-345.1. When the qualifiedevaluator attends the hearing in person or by electronic communication, heshall not be excluded from the hearing pursuant to an order of sequestrationof witnesses.
B. Any evaluation conducted pursuant to this section shall be a comprehensiveevaluation of the minor conducted in-person or, if that is not practicable,by a two-way electronic video and audio communication system as authorized in§ 16.1-345.1. Translation or interpreter services shall be provided duringthe evaluation where necessary. The examination shall consist of (i) aclinical assessment that includes a mental status examination; determinationof current use of psychotropic and other medications; a medical andpsychiatric history; a substance use, abuse, or dependency determination; anda determination of the likelihood that, because of mental illness, the minoris experiencing a serious deterioration of his ability to care for himself ina developmentally age-appropriate manner, as evidenced by delusionarythinking or by a significant impairment of functioning in hydration,nutrition, self-protection, or self-control; (ii) a substance abusescreening, when indicated; (iii) a risk assessment that includes anevaluation of the likelihood that, because of mental illness, the minorpresents a serious danger to himself or others to the extent that severe orirremediable injury is likely to result, as evidenced by recent acts orthreats; (iv) for a minor 14 years of age or older, an assessment of theminor's capacity to consent to treatment, including his ability to maintainand communicate choice, understand relevant information, and comprehend thesituation and its consequences; (v) if prior to the examination the minor hasbeen temporarily detained pursuant to this article, a review of the temporarydetention facility's records for the minor, including the treatingphysician's evaluation, any collateral information, reports of any laboratoryor toxicology tests conducted, and all admission forms and nurses' notes;(vi) a discussion of treatment preferences expressed by the minor or hisparents or contained in a document provided by the minor or his parents insupport of recovery; (vii) an assessment of alternatives to involuntaryinpatient treatment; and (viii) recommendations for the placement, care, andtreatment of the minor.
(1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.)
