After observing the minor and considering (i) the recommendations of anytreating or examining physician or psychologist licensed in Virginia, ifavailable, (ii) any past actions of the minor, (iii) any past mental healthtreatment of the minor, (iv) any qualified evaluator's report, (v) anymedical records available, (vi) the preadmission screening report, and (vii)any other evidence that may have been admitted, the court shall order theinvoluntary commitment of the minor to a mental health facility for treatmentfor a period not to exceed 90 days if it finds, by clear and convincingevidence, that:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) 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;
2. The minor is in need of compulsory treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. If the court finds that inpatient treatment is not the least restrictivetreatment, the court shall consider entering an order for mandatoryoutpatient treatment pursuant to § 16.1-345.2.
Upon the expiration of an order for involuntary commitment, the minor shallbe released unless he is involuntarily admitted by further petition and orderof a court, which shall be for a period not to exceed 90 days from the dateof the subsequent court order, or the minor or his parent rescinds theobjection to inpatient treatment and consents to admission pursuant to §16.1-338 or subsection D of § 16.1-339 or the minor is ordered to mandatoryoutpatient treatment pursuant to § 16.1-345.2.
A minor who has been hospitalized while properly detained by a juvenile anddomestic relations district court shall be returned to the detention home,shelter care, or other facility approved by the Department of JuvenileJustice by the sheriff serving the jurisdiction where the minor was detainedwithin 24 hours following completion of a period of inpatient treatment,unless the court having jurisdiction over the case orders that the minor bereleased from custody. However, such a minor shall not be eligible formandatory outpatient treatment.
In conducting an evaluation of a minor who has been properly detained, if theevaluator finds, irrespective of the fact that the minor has been detained,that the minor meets the criteria for involuntary commitment in this section,the evaluator shall recommend that the minor meets the criteria forinvoluntary commitment.
If the parent or parents with whom the minor resides are not willing toapprove the proposed commitment, the court shall order inpatient treatmentonly if it finds, in addition to the criteria specified in this section, thatsuch treatment is necessary to protect the minor's life, health, safety, ornormal development. If a special justice believes that issuance of a removalorder or protective order may be in the child's best interest, the specialjustice shall report the matter to the local department of social servicesfor the county or city where the minor resides.
Upon finding that the best interests of the minor so require, the court mayenter an order directing either or both of the minor's parents to comply withreasonable conditions relating to the minor's treatment.
If the minor is committed to inpatient treatment, such placement shall be ina mental health facility for inpatient treatment designated by the communityservices board which serves the political subdivision in which the minor wasevaluated pursuant to § 16.1-342. If the community services board does notprovide a placement recommendation at the hearing, the minor shall be placedin a mental health facility designated by the Commissioner of BehavioralHealth and Developmental Services.
When a minor has been involuntarily committed pursuant to this section, thejudge shall determine, after consideration of information provided by theminor's treating mental health professional and any involved communityservices board staff regarding the minor's dangerousness, whethertransportation shall be provided by the sheriff or may be provided by analternative transportation provider, including a parent, family member, orfriend of the minor, a representative of the community services board, arepresentative of the facility at which the minor was detained pursuant to atemporary detention order, or other alternative transportation provider withpersonnel trained to provide transportation in a safe manner. If the judgedetermines that transportation may be provided by an alternativetransportation provider, the judge may consult with the proposed alternativetransportation provider either in person or via two-way electronic video andaudio or telephone communication system to determine whether the proposedalternative transportation provider is available to provide transportation,willing to provide transportation, and able to provide transportation in asafe manner. If the judge finds that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner, thejudge may order transportation by the proposed alternative transportationprovider. In all other cases, the judge shall order transportation by thesheriff of the jurisdiction where the minor is a resident unless thesheriff's office of that jurisdiction is located more than 100 road milesfrom the nearest boundary of the jurisdiction in which the proceedings tookplace. In cases where the sheriff of the jurisdiction in which the minor is aresident is more than 100 road miles from the nearest boundary of thejurisdiction in which the proceedings took place, it shall be theresponsibility of the sheriff of the latter jurisdiction to transport theminor.
If the judge determines that the minor requires transportation by thesheriff, the sheriff, as specified in this section shall transport the minorto the proper facility. In no event shall transport commence later than sixhours after notification to the sheriff or alternative transportationprovider of the judge's order.
(1990, c. 975; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697, 813,840; 2010, cc. 778, 825.)
After observing the minor and considering (i) the recommendations of anytreating or examining physician or psychologist licensed in Virginia, ifavailable, (ii) any past actions of the minor, (iii) any past mental healthtreatment of the minor, (iv) any qualified evaluator's report, (v) anymedical records available, (vi) the preadmission screening report, and (vii)any other evidence that may have been admitted, the court shall order theinvoluntary commitment of the minor to a mental health facility for treatmentfor a period not to exceed 90 days if it finds, by clear and convincingevidence, that:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) 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;
2. The minor is in need of compulsory treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. If the court finds that inpatient treatment is not the least restrictivetreatment, the court shall consider entering an order for mandatoryoutpatient treatment pursuant to § 16.1-345.2.
Upon the expiration of an order for involuntary commitment, the minor shallbe released unless he is involuntarily admitted by further petition and orderof a court, which shall be for a period not to exceed 90 days from the dateof the subsequent court order, or the minor or his parent rescinds theobjection to inpatient treatment and consents to admission pursuant to §16.1-338 or subsection D of § 16.1-339 or the minor is ordered to mandatoryoutpatient treatment pursuant to § 16.1-345.2.
A minor who has been hospitalized while properly detained by a juvenile anddomestic relations district court shall be returned to the detention home,shelter care, or other facility approved by the Department of JuvenileJustice by the sheriff serving the jurisdiction where the minor was detainedwithin 24 hours following completion of a period of inpatient treatment,unless the court having jurisdiction over the case orders that the minor bereleased from custody. However, such a minor shall not be eligible formandatory outpatient treatment.
In conducting an evaluation of a minor who has been properly detained, if theevaluator finds, irrespective of the fact that the minor has been detained,that the minor meets the criteria for involuntary commitment in this section,the evaluator shall recommend that the minor meets the criteria forinvoluntary commitment.
If the parent or parents with whom the minor resides are not willing toapprove the proposed commitment, the court shall order inpatient treatmentonly if it finds, in addition to the criteria specified in this section, thatsuch treatment is necessary to protect the minor's life, health, safety, ornormal development. If a special justice believes that issuance of a removalorder or protective order may be in the child's best interest, the specialjustice shall report the matter to the local department of social servicesfor the county or city where the minor resides.
Upon finding that the best interests of the minor so require, the court mayenter an order directing either or both of the minor's parents to comply withreasonable conditions relating to the minor's treatment.
If the minor is committed to inpatient treatment, such placement shall be ina mental health facility for inpatient treatment designated by the communityservices board which serves the political subdivision in which the minor wasevaluated pursuant to § 16.1-342. If the community services board does notprovide a placement recommendation at the hearing, the minor shall be placedin a mental health facility designated by the Commissioner of BehavioralHealth and Developmental Services.
When a minor has been involuntarily committed pursuant to this section, thejudge shall determine, after consideration of information provided by theminor's treating mental health professional and any involved communityservices board staff regarding the minor's dangerousness, whethertransportation shall be provided by the sheriff or may be provided by analternative transportation provider, including a parent, family member, orfriend of the minor, a representative of the community services board, arepresentative of the facility at which the minor was detained pursuant to atemporary detention order, or other alternative transportation provider withpersonnel trained to provide transportation in a safe manner. If the judgedetermines that transportation may be provided by an alternativetransportation provider, the judge may consult with the proposed alternativetransportation provider either in person or via two-way electronic video andaudio or telephone communication system to determine whether the proposedalternative transportation provider is available to provide transportation,willing to provide transportation, and able to provide transportation in asafe manner. If the judge finds that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner, thejudge may order transportation by the proposed alternative transportationprovider. In all other cases, the judge shall order transportation by thesheriff of the jurisdiction where the minor is a resident unless thesheriff's office of that jurisdiction is located more than 100 road milesfrom the nearest boundary of the jurisdiction in which the proceedings tookplace. In cases where the sheriff of the jurisdiction in which the minor is aresident is more than 100 road miles from the nearest boundary of thejurisdiction in which the proceedings took place, it shall be theresponsibility of the sheriff of the latter jurisdiction to transport theminor.
If the judge determines that the minor requires transportation by thesheriff, the sheriff, as specified in this section shall transport the minorto the proper facility. In no event shall transport commence later than sixhours after notification to the sheriff or alternative transportationprovider of the judge's order.
(1990, c. 975; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697, 813,840; 2010, cc. 778, 825.)
After observing the minor and considering (i) the recommendations of anytreating or examining physician or psychologist licensed in Virginia, ifavailable, (ii) any past actions of the minor, (iii) any past mental healthtreatment of the minor, (iv) any qualified evaluator's report, (v) anymedical records available, (vi) the preadmission screening report, and (vii)any other evidence that may have been admitted, the court shall order theinvoluntary commitment of the minor to a mental health facility for treatmentfor a period not to exceed 90 days if it finds, by clear and convincingevidence, that:
1. Because of mental illness, the minor (i) presents a serious danger tohimself or others to the extent that severe or irremediable injury is likelyto result, as evidenced by recent acts or threats or (ii) 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;
2. The minor is in need of compulsory treatment for a mental illness and isreasonably likely to benefit from the proposed treatment; and
3. If the court finds that inpatient treatment is not the least restrictivetreatment, the court shall consider entering an order for mandatoryoutpatient treatment pursuant to § 16.1-345.2.
Upon the expiration of an order for involuntary commitment, the minor shallbe released unless he is involuntarily admitted by further petition and orderof a court, which shall be for a period not to exceed 90 days from the dateof the subsequent court order, or the minor or his parent rescinds theobjection to inpatient treatment and consents to admission pursuant to §16.1-338 or subsection D of § 16.1-339 or the minor is ordered to mandatoryoutpatient treatment pursuant to § 16.1-345.2.
A minor who has been hospitalized while properly detained by a juvenile anddomestic relations district court shall be returned to the detention home,shelter care, or other facility approved by the Department of JuvenileJustice by the sheriff serving the jurisdiction where the minor was detainedwithin 24 hours following completion of a period of inpatient treatment,unless the court having jurisdiction over the case orders that the minor bereleased from custody. However, such a minor shall not be eligible formandatory outpatient treatment.
In conducting an evaluation of a minor who has been properly detained, if theevaluator finds, irrespective of the fact that the minor has been detained,that the minor meets the criteria for involuntary commitment in this section,the evaluator shall recommend that the minor meets the criteria forinvoluntary commitment.
If the parent or parents with whom the minor resides are not willing toapprove the proposed commitment, the court shall order inpatient treatmentonly if it finds, in addition to the criteria specified in this section, thatsuch treatment is necessary to protect the minor's life, health, safety, ornormal development. If a special justice believes that issuance of a removalorder or protective order may be in the child's best interest, the specialjustice shall report the matter to the local department of social servicesfor the county or city where the minor resides.
Upon finding that the best interests of the minor so require, the court mayenter an order directing either or both of the minor's parents to comply withreasonable conditions relating to the minor's treatment.
If the minor is committed to inpatient treatment, such placement shall be ina mental health facility for inpatient treatment designated by the communityservices board which serves the political subdivision in which the minor wasevaluated pursuant to § 16.1-342. If the community services board does notprovide a placement recommendation at the hearing, the minor shall be placedin a mental health facility designated by the Commissioner of BehavioralHealth and Developmental Services.
When a minor has been involuntarily committed pursuant to this section, thejudge shall determine, after consideration of information provided by theminor's treating mental health professional and any involved communityservices board staff regarding the minor's dangerousness, whethertransportation shall be provided by the sheriff or may be provided by analternative transportation provider, including a parent, family member, orfriend of the minor, a representative of the community services board, arepresentative of the facility at which the minor was detained pursuant to atemporary detention order, or other alternative transportation provider withpersonnel trained to provide transportation in a safe manner. If the judgedetermines that transportation may be provided by an alternativetransportation provider, the judge may consult with the proposed alternativetransportation provider either in person or via two-way electronic video andaudio or telephone communication system to determine whether the proposedalternative transportation provider is available to provide transportation,willing to provide transportation, and able to provide transportation in asafe manner. If the judge finds that the proposed alternative transportationprovider is available to provide transportation, willing to providetransportation, and able to provide transportation in a safe manner, thejudge may order transportation by the proposed alternative transportationprovider. In all other cases, the judge shall order transportation by thesheriff of the jurisdiction where the minor is a resident unless thesheriff's office of that jurisdiction is located more than 100 road milesfrom the nearest boundary of the jurisdiction in which the proceedings tookplace. In cases where the sheriff of the jurisdiction in which the minor is aresident is more than 100 road miles from the nearest boundary of thejurisdiction in which the proceedings took place, it shall be theresponsibility of the sheriff of the latter jurisdiction to transport theminor.
If the judge determines that the minor requires transportation by thesheriff, the sheriff, as specified in this section shall transport the minorto the proper facility. In no event shall transport commence later than sixhours after notification to the sheriff or alternative transportationprovider of the judge's order.
(1990, c. 975; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697, 813,840; 2010, cc. 778, 825.)
