A. The court shall summon to the hearing all material witnesses requested byeither the minor or the petitioner. All testimony shall be under oath. Therules of evidence shall apply. The petitioner, minor and, with leave of courtfor good cause shown, any other person shall be given the opportunity topresent evidence and cross-examine witnesses. The hearing shall be closed tothe public unless the minor and petitioner request that it be open.
B. At the commencement of the hearing involving a minor 14 years of age orolder, the court shall inform the minor whose involuntary commitment is beingsought of his right to be voluntarily admitted for inpatient treatment asprovided for in § 16.1-338 and shall afford the minor an opportunity forvoluntary admission, provided that the minor's parent consents to suchvoluntary admission. In determining whether a minor is capable of consentingto voluntary admission, the court may consider evidence regarding the minor'spast compliance or noncompliance with treatment.
C. An employee or a designee of the community services board that arrangedfor the evaluation of the minor shall attend the hearing in person or, ifphysical attendance is not practicable, shall participate in the hearingthrough a two-way electronic video and audio or telephonic communicationsystem as authorized in § 16.1-345.1. If (i) the minor does not reside in thejurisdiction served by the juvenile and domestic relations district courtthat conducts the hearing and (ii) the minor is being considered formandatory outpatient treatment pursuant to § 16.1-345.2, an employee ordesignee of the community services board serving the area where the minorresides shall also attend the hearing in person or, if physical attendance isnot practicable, shall participate in the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 16.1-345.1. The employee or designee of the community services boardserving the area where the minor resides may, instead of attending thehearing, make arrangements with the community services board that arrangedfor the evaluation of the minor to present on its behalf the recommendationsfor a specific course of treatment and programs for the provision ofmandatory outpatient treatment required by subsection C of § 16.1-345.2 andthe initial mandatory outpatient treatment plan required by subsection D of §16.1-345.2. When a community services board attends the hearing on behalf ofthe community services board serving the area where the minor resides, theattending community services board shall inform the community services boardserving the area where the minor resides of the disposition of the matterupon the conclusion of the hearing. In addition, the attending communityservices board shall transmit the disposition through certified mail,personal delivery, facsimile with return receipt acknowledged, or otherelectronic means to the community services board serving the area where theminor resides. Any employee or designee of the community services boardattending or participating in the hearing shall not be excluded from thehearing pursuant to an order of sequestration of witnesses.
At least 12 hours prior to the hearing, the court shall provide the time andlocation of the hearing to the community services board that arranged for theevaluation of the minor. If the community services board will be present bytelephonic means, the court shall provide the telephone number to the board.
(1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825.)
A. The court shall summon to the hearing all material witnesses requested byeither the minor or the petitioner. All testimony shall be under oath. Therules of evidence shall apply. The petitioner, minor and, with leave of courtfor good cause shown, any other person shall be given the opportunity topresent evidence and cross-examine witnesses. The hearing shall be closed tothe public unless the minor and petitioner request that it be open.
B. At the commencement of the hearing involving a minor 14 years of age orolder, the court shall inform the minor whose involuntary commitment is beingsought of his right to be voluntarily admitted for inpatient treatment asprovided for in § 16.1-338 and shall afford the minor an opportunity forvoluntary admission, provided that the minor's parent consents to suchvoluntary admission. In determining whether a minor is capable of consentingto voluntary admission, the court may consider evidence regarding the minor'spast compliance or noncompliance with treatment.
C. An employee or a designee of the community services board that arrangedfor the evaluation of the minor shall attend the hearing in person or, ifphysical attendance is not practicable, shall participate in the hearingthrough a two-way electronic video and audio or telephonic communicationsystem as authorized in § 16.1-345.1. If (i) the minor does not reside in thejurisdiction served by the juvenile and domestic relations district courtthat conducts the hearing and (ii) the minor is being considered formandatory outpatient treatment pursuant to § 16.1-345.2, an employee ordesignee of the community services board serving the area where the minorresides shall also attend the hearing in person or, if physical attendance isnot practicable, shall participate in the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 16.1-345.1. The employee or designee of the community services boardserving the area where the minor resides may, instead of attending thehearing, make arrangements with the community services board that arrangedfor the evaluation of the minor to present on its behalf the recommendationsfor a specific course of treatment and programs for the provision ofmandatory outpatient treatment required by subsection C of § 16.1-345.2 andthe initial mandatory outpatient treatment plan required by subsection D of §16.1-345.2. When a community services board attends the hearing on behalf ofthe community services board serving the area where the minor resides, theattending community services board shall inform the community services boardserving the area where the minor resides of the disposition of the matterupon the conclusion of the hearing. In addition, the attending communityservices board shall transmit the disposition through certified mail,personal delivery, facsimile with return receipt acknowledged, or otherelectronic means to the community services board serving the area where theminor resides. Any employee or designee of the community services boardattending or participating in the hearing shall not be excluded from thehearing pursuant to an order of sequestration of witnesses.
At least 12 hours prior to the hearing, the court shall provide the time andlocation of the hearing to the community services board that arranged for theevaluation of the minor. If the community services board will be present bytelephonic means, the court shall provide the telephone number to the board.
(1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825.)
A. The court shall summon to the hearing all material witnesses requested byeither the minor or the petitioner. All testimony shall be under oath. Therules of evidence shall apply. The petitioner, minor and, with leave of courtfor good cause shown, any other person shall be given the opportunity topresent evidence and cross-examine witnesses. The hearing shall be closed tothe public unless the minor and petitioner request that it be open.
B. At the commencement of the hearing involving a minor 14 years of age orolder, the court shall inform the minor whose involuntary commitment is beingsought of his right to be voluntarily admitted for inpatient treatment asprovided for in § 16.1-338 and shall afford the minor an opportunity forvoluntary admission, provided that the minor's parent consents to suchvoluntary admission. In determining whether a minor is capable of consentingto voluntary admission, the court may consider evidence regarding the minor'spast compliance or noncompliance with treatment.
C. An employee or a designee of the community services board that arrangedfor the evaluation of the minor shall attend the hearing in person or, ifphysical attendance is not practicable, shall participate in the hearingthrough a two-way electronic video and audio or telephonic communicationsystem as authorized in § 16.1-345.1. If (i) the minor does not reside in thejurisdiction served by the juvenile and domestic relations district courtthat conducts the hearing and (ii) the minor is being considered formandatory outpatient treatment pursuant to § 16.1-345.2, an employee ordesignee of the community services board serving the area where the minorresides shall also attend the hearing in person or, if physical attendance isnot practicable, shall participate in the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 16.1-345.1. The employee or designee of the community services boardserving the area where the minor resides may, instead of attending thehearing, make arrangements with the community services board that arrangedfor the evaluation of the minor to present on its behalf the recommendationsfor a specific course of treatment and programs for the provision ofmandatory outpatient treatment required by subsection C of § 16.1-345.2 andthe initial mandatory outpatient treatment plan required by subsection D of §16.1-345.2. When a community services board attends the hearing on behalf ofthe community services board serving the area where the minor resides, theattending community services board shall inform the community services boardserving the area where the minor resides of the disposition of the matterupon the conclusion of the hearing. In addition, the attending communityservices board shall transmit the disposition through certified mail,personal delivery, facsimile with return receipt acknowledged, or otherelectronic means to the community services board serving the area where theminor resides. Any employee or designee of the community services boardattending or participating in the hearing shall not be excluded from thehearing pursuant to an order of sequestration of witnesses.
At least 12 hours prior to the hearing, the court shall provide the time andlocation of the hearing to the community services board that arranged for theevaluation of the minor. If the community services board will be present bytelephonic means, the court shall provide the telephone number to the board.
(1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825.)
