A. 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 evaluation of the minor, (v) any medicalrecords available, (vi) the preadmission screening report, and (vii) anyother relevant evidence that may have been admitted, the court shall orderthat the minor be admitted involuntarily to mandatory outpatient 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;
3. Less restrictive alternatives to involuntary inpatient treatment thatwould offer an opportunity for improvement of his condition have beeninvestigated and are determined to be appropriate;
4. The minor, if 14 years of age or older, and his parents (i) havesufficient capacity to understand the stipulations of the minor's treatment,(ii) have expressed an interest in the minor's living in the community andhave agreed to abide by the minor's treatment plan, and (iii) are deemed tohave the capacity to comply with the treatment plan and understand and adhereto conditions and requirements of the treatment and services; and
5. The ordered treatment can be delivered on an outpatient basis by thecommunity services board or a designated provider.
Less restrictive alternatives shall not be determined to be appropriateunless the services are actually available in the community and providers ofthe services have actually agreed to deliver the services.
B. Mandatory outpatient treatment may include day treatment in a hospital,night treatment in a hospital, or other appropriate course of treatment asmay be necessary to meet the needs of the minor. The community services boardserving the area in which the minor resides shall recommend a specific courseof treatment and programs for the provision of mandatory outpatienttreatment. Upon expiration of an order for mandatory outpatient treatment,the minor shall be released from the requirements of the order unless theorder is continued in accordance with § 16.1-345.5.
C. Any order for mandatory outpatient treatment shall include an initialmandatory outpatient treatment plan developed by the community services boardserving the area in which the minor resides. The plan shall, at a minimum,(i) identify the specific services to be provided, (ii) identify the providerwho has agreed to provide each service, (iii) describe the arrangements madefor the initial in-person appointment or contact with each service provider,and (iv) include any other relevant information that may be availableregarding the mandatory outpatient treatment ordered. The order shall requirethe community services board to monitor the implementation of the mandatoryoutpatient treatment plan and report any material noncompliance to the court.
D. No later than five business days after an order for mandatory outpatienttreatment has been entered pursuant to this section, the community servicesboard that is responsible for monitoring compliance with the order shall filea comprehensive mandatory outpatient treatment plan. The comprehensivemandatory outpatient treatment plan shall (i) identify the specific type,amount, duration, and frequency of each service to be provided to the minor,(ii) identify the provider that has agreed to provide each service includedin the plan, (iii) certify that the services are the most appropriate andleast restrictive treatment available for the minor, (iv) certify that eachprovider has complied and continues to comply with applicable provisions ofthe Department of Behavioral Health and Developmental Services' licensingregulations, (v) be developed with the fullest involvement and participationof the minor and his parents and reflect their preferences to the greatestextent possible to support the minor's recovery and self-determination, (vi)specify the particular conditions with which the minor shall be required tocomply, and (vii) describe how the community services board shall monitor theminor's compliance with the plan and report any material noncompliance withthe plan. The minor shall be involved in the preparation of the plan to themaximum feasible extent consistent with his ability to understand andparticipate, and the minor's family shall be involved to the maximum extentconsistent with the minor's treatment needs. The community services boardshall submit the comprehensive mandatory outpatient treatment plan to thecourt for approval. Upon approval by the court, the comprehensive mandatoryoutpatient treatment plan shall be filed with the court and incorporated intothe order of mandatory outpatient treatment. Any subsequent substantivemodifications to the plan shall be filed with the court for review andattached to any order for mandatory outpatient treatment.
E. If the community services board responsible for developing thecomprehensive mandatory outpatient treatment plan determines that theservices necessary for the treatment of the minor's mental illness are notavailable or cannot be provided to the minor in accordance with the order formandatory outpatient treatment, it shall notify the court within fivebusiness days of the entry of the order for mandatory outpatient treatment.Within five business days of receiving such notice, the judge, after noticeto the minor, the minor's attorney, and the community services boardresponsible for developing the comprehensive mandatory outpatient treatmentplan, shall hold a hearing pursuant to § 16.1-345.4.
F. Upon entry of any order for mandatory outpatient treatment, the clerk ofthe court shall provide a copy of the order to the minor who is the subjectof the order, his parents, his attorney, his guardian ad litem, and thecommunity services board required to monitor his compliance with the plan.The community services board shall acknowledge receipt of the order to theclerk of the court on a form established by the Office of the ExecutiveSecretary of the Supreme Court and provided by the court for this purpose.
G. After entry of any order for mandatory outpatient treatment if the courtthat entered the order is not the juvenile and domestic relations districtcourt for the jurisdiction in which the minor resides, it shall transferjurisdiction of the case to the court where the minor resides.
A. 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 evaluation of the minor, (v) any medicalrecords available, (vi) the preadmission screening report, and (vii) anyother relevant evidence that may have been admitted, the court shall orderthat the minor be admitted involuntarily to mandatory outpatient 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;
3. Less restrictive alternatives to involuntary inpatient treatment thatwould offer an opportunity for improvement of his condition have beeninvestigated and are determined to be appropriate;
4. The minor, if 14 years of age or older, and his parents (i) havesufficient capacity to understand the stipulations of the minor's treatment,(ii) have expressed an interest in the minor's living in the community andhave agreed to abide by the minor's treatment plan, and (iii) are deemed tohave the capacity to comply with the treatment plan and understand and adhereto conditions and requirements of the treatment and services; and
5. The ordered treatment can be delivered on an outpatient basis by thecommunity services board or a designated provider.
Less restrictive alternatives shall not be determined to be appropriateunless the services are actually available in the community and providers ofthe services have actually agreed to deliver the services.
B. Mandatory outpatient treatment may include day treatment in a hospital,night treatment in a hospital, or other appropriate course of treatment asmay be necessary to meet the needs of the minor. The community services boardserving the area in which the minor resides shall recommend a specific courseof treatment and programs for the provision of mandatory outpatienttreatment. Upon expiration of an order for mandatory outpatient treatment,the minor shall be released from the requirements of the order unless theorder is continued in accordance with § 16.1-345.5.
C. Any order for mandatory outpatient treatment shall include an initialmandatory outpatient treatment plan developed by the community services boardserving the area in which the minor resides. The plan shall, at a minimum,(i) identify the specific services to be provided, (ii) identify the providerwho has agreed to provide each service, (iii) describe the arrangements madefor the initial in-person appointment or contact with each service provider,and (iv) include any other relevant information that may be availableregarding the mandatory outpatient treatment ordered. The order shall requirethe community services board to monitor the implementation of the mandatoryoutpatient treatment plan and report any material noncompliance to the court.
D. No later than five business days after an order for mandatory outpatienttreatment has been entered pursuant to this section, the community servicesboard that is responsible for monitoring compliance with the order shall filea comprehensive mandatory outpatient treatment plan. The comprehensivemandatory outpatient treatment plan shall (i) identify the specific type,amount, duration, and frequency of each service to be provided to the minor,(ii) identify the provider that has agreed to provide each service includedin the plan, (iii) certify that the services are the most appropriate andleast restrictive treatment available for the minor, (iv) certify that eachprovider has complied and continues to comply with applicable provisions ofthe Department of Behavioral Health and Developmental Services' licensingregulations, (v) be developed with the fullest involvement and participationof the minor and his parents and reflect their preferences to the greatestextent possible to support the minor's recovery and self-determination, (vi)specify the particular conditions with which the minor shall be required tocomply, and (vii) describe how the community services board shall monitor theminor's compliance with the plan and report any material noncompliance withthe plan. The minor shall be involved in the preparation of the plan to themaximum feasible extent consistent with his ability to understand andparticipate, and the minor's family shall be involved to the maximum extentconsistent with the minor's treatment needs. The community services boardshall submit the comprehensive mandatory outpatient treatment plan to thecourt for approval. Upon approval by the court, the comprehensive mandatoryoutpatient treatment plan shall be filed with the court and incorporated intothe order of mandatory outpatient treatment. Any subsequent substantivemodifications to the plan shall be filed with the court for review andattached to any order for mandatory outpatient treatment.
E. If the community services board responsible for developing thecomprehensive mandatory outpatient treatment plan determines that theservices necessary for the treatment of the minor's mental illness are notavailable or cannot be provided to the minor in accordance with the order formandatory outpatient treatment, it shall notify the court within fivebusiness days of the entry of the order for mandatory outpatient treatment.Within five business days of receiving such notice, the judge, after noticeto the minor, the minor's attorney, and the community services boardresponsible for developing the comprehensive mandatory outpatient treatmentplan, shall hold a hearing pursuant to § 16.1-345.4.
F. Upon entry of any order for mandatory outpatient treatment, the clerk ofthe court shall provide a copy of the order to the minor who is the subjectof the order, his parents, his attorney, his guardian ad litem, and thecommunity services board required to monitor his compliance with the plan.The community services board shall acknowledge receipt of the order to theclerk of the court on a form established by the Office of the ExecutiveSecretary of the Supreme Court and provided by the court for this purpose.
G. After entry of any order for mandatory outpatient treatment if the courtthat entered the order is not the juvenile and domestic relations districtcourt for the jurisdiction in which the minor resides, it shall transferjurisdiction of the case to the court where the minor resides.
A. 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 evaluation of the minor, (v) any medicalrecords available, (vi) the preadmission screening report, and (vii) anyother relevant evidence that may have been admitted, the court shall orderthat the minor be admitted involuntarily to mandatory outpatient 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;
3. Less restrictive alternatives to involuntary inpatient treatment thatwould offer an opportunity for improvement of his condition have beeninvestigated and are determined to be appropriate;
4. The minor, if 14 years of age or older, and his parents (i) havesufficient capacity to understand the stipulations of the minor's treatment,(ii) have expressed an interest in the minor's living in the community andhave agreed to abide by the minor's treatment plan, and (iii) are deemed tohave the capacity to comply with the treatment plan and understand and adhereto conditions and requirements of the treatment and services; and
5. The ordered treatment can be delivered on an outpatient basis by thecommunity services board or a designated provider.
Less restrictive alternatives shall not be determined to be appropriateunless the services are actually available in the community and providers ofthe services have actually agreed to deliver the services.
B. Mandatory outpatient treatment may include day treatment in a hospital,night treatment in a hospital, or other appropriate course of treatment asmay be necessary to meet the needs of the minor. The community services boardserving the area in which the minor resides shall recommend a specific courseof treatment and programs for the provision of mandatory outpatienttreatment. Upon expiration of an order for mandatory outpatient treatment,the minor shall be released from the requirements of the order unless theorder is continued in accordance with § 16.1-345.5.
C. Any order for mandatory outpatient treatment shall include an initialmandatory outpatient treatment plan developed by the community services boardserving the area in which the minor resides. The plan shall, at a minimum,(i) identify the specific services to be provided, (ii) identify the providerwho has agreed to provide each service, (iii) describe the arrangements madefor the initial in-person appointment or contact with each service provider,and (iv) include any other relevant information that may be availableregarding the mandatory outpatient treatment ordered. The order shall requirethe community services board to monitor the implementation of the mandatoryoutpatient treatment plan and report any material noncompliance to the court.
D. No later than five business days after an order for mandatory outpatienttreatment has been entered pursuant to this section, the community servicesboard that is responsible for monitoring compliance with the order shall filea comprehensive mandatory outpatient treatment plan. The comprehensivemandatory outpatient treatment plan shall (i) identify the specific type,amount, duration, and frequency of each service to be provided to the minor,(ii) identify the provider that has agreed to provide each service includedin the plan, (iii) certify that the services are the most appropriate andleast restrictive treatment available for the minor, (iv) certify that eachprovider has complied and continues to comply with applicable provisions ofthe Department of Behavioral Health and Developmental Services' licensingregulations, (v) be developed with the fullest involvement and participationof the minor and his parents and reflect their preferences to the greatestextent possible to support the minor's recovery and self-determination, (vi)specify the particular conditions with which the minor shall be required tocomply, and (vii) describe how the community services board shall monitor theminor's compliance with the plan and report any material noncompliance withthe plan. The minor shall be involved in the preparation of the plan to themaximum feasible extent consistent with his ability to understand andparticipate, and the minor's family shall be involved to the maximum extentconsistent with the minor's treatment needs. The community services boardshall submit the comprehensive mandatory outpatient treatment plan to thecourt for approval. Upon approval by the court, the comprehensive mandatoryoutpatient treatment plan shall be filed with the court and incorporated intothe order of mandatory outpatient treatment. Any subsequent substantivemodifications to the plan shall be filed with the court for review andattached to any order for mandatory outpatient treatment.
E. If the community services board responsible for developing thecomprehensive mandatory outpatient treatment plan determines that theservices necessary for the treatment of the minor's mental illness are notavailable or cannot be provided to the minor in accordance with the order formandatory outpatient treatment, it shall notify the court within fivebusiness days of the entry of the order for mandatory outpatient treatment.Within five business days of receiving such notice, the judge, after noticeto the minor, the minor's attorney, and the community services boardresponsible for developing the comprehensive mandatory outpatient treatmentplan, shall hold a hearing pursuant to § 16.1-345.4.
F. Upon entry of any order for mandatory outpatient treatment, the clerk ofthe court shall provide a copy of the order to the minor who is the subjectof the order, his parents, his attorney, his guardian ad litem, and thecommunity services board required to monitor his compliance with the plan.The community services board shall acknowledge receipt of the order to theclerk of the court on a form established by the Office of the ExecutiveSecretary of the Supreme Court and provided by the court for this purpose.
G. After entry of any order for mandatory outpatient treatment if the courtthat entered the order is not the juvenile and domestic relations districtcourt for the jurisdiction in which the minor resides, it shall transferjurisdiction of the case to the court where the minor resides.
