{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-228.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-228.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-228.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-228.html"}],"law_id":63788,"edition_id":1,"section_id":63788,"structure_id":14558,"section_number":"16.1-228","catch_line":"Definitions","history":"Code 1950, \u00a7 16.1-141; 1956, c. 555; 1972, c. 708; 1973, c. 546; 1974, cc. 44, 45; 1977, c. 559; 1978, c. 605; 1979, c. 15; 1981, c. 491; 1984, c. 631; 1985, c. 260; 1986, cc. 281, 308; 1987, c. 632; 1988, c. 794; 1990, cc. 704, 769, 842; 1991, c. 534; 1992, cc. 742, 830, 886; 1993, cc. 435, 467, 494; 1994, cc. 859, 865, 949; 1996, cc. 755, 914; 1999, cc. 453, 665, 697, 721; 2002, cc. 810, 818; 2003, cc. 538, 547, 835; 2004, cc. 245, 753; 2006, c. 868; 2008, cc. 475, 483; 2011, cc. 445, 480; 2015, cc. 502, 503; 2016, c. 631; 2017, c. 623; 2018, c. 497; 2019, cc. 282, 688; 2020, cc. 95, 732, 829, 1227, 1246, 1285, 1286; 2021 Sp. Sess. I, cc. 254, 310, 550, 551; 2022, cc. 80, 81, 366, 414, 415; 2023, c. 568; 2024, c. 273; 2025, c. 31.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child:\n\n1\n\nWhose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;2\n\nWhose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4;3\n\nWhose parents or other person responsible for his care abandons such child;4\n\nWhose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;5\n\nWho is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian, or other person standing in loco parentis;6\n\nWhose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902; or7\n\nWho has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the federal Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home” means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.\n\t\t\t“Adult” means a person 18 years of age or older.\n\t\t\t“Ancillary crime” or “ancillary charge” means any delinquent act committed by a juvenile as a part of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act that would be a felony if committed by an adult.\n\t\t\t“Child,” “juvenile,” or “minor” means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 of Title 63.2, younger than 21 years of age and meets the eligibility criteria set forth in § 63.2-919.\n\t\t\t“Child in need of services” means (i) a child whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of the child; (ii) a child who remains away from or deserts or abandons his family or lawful custodian during one occasion and is demonstratively at risk of coercion, exploitation, abuse, or manipulation or has been lured from his parent or lawful custodian by means of trickery or misrepresentation or under false pretenses; or (iii) a child under the age of 14 whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional, or sexual abuse in the home be considered a child in need of services for that reason alone.\n\t\t\tHowever, to find that a child falls within these provisions, (a) the conduct complained of must present a clear and substantial danger to the child’s life or health or to the life or health of another person; (b) the child or his family is in need of treatment, rehabilitation, or services not presently being received; and (c) the intervention of the court is essential to provide the treatment, rehabilitation, or services needed by the child or his family.\n\t\t\t“Child in need of supervision” means:1\n\nA child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child’s particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child’s regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of § 22.1-258; or2\n\nA child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child’s life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.\n\t\t\t“Child welfare agency” means a child-placing agency, child-caring institution or independent foster home as defined in § 63.2-100.\n\t\t\t“The court” or the “juvenile court” or the “juvenile and domestic relations court” means the juvenile and domestic relations district court of each county or city.\n\t\t\t“Delinquent act” means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § 18.2-308.7, or (iii) a violation of a court order as provided for in § 16.1-292, but does not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child.\n\t\t\t“Delinquent child” means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of § 16.1-269.6.\n\t\t\t“Department” means the Department of Juvenile Justice and “Director” means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.\n\t\t\t“Driver’s license” means any document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another jurisdiction, authorizing the operation of a motor vehicle upon the highways.\n\t\t\t“Family abuse” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.\n\t\t\t“Family or household member” means (i) the person’s spouse, whether or not such spouse resides in the same home with the person; (ii) the person’s former spouse, whether or not such person resides in the same home with the person; (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile.\n\t\t\t“Fictive kin” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care services” means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C. § 673 or the State-Funded Kinship Guardianship Assistance program set forth in § 63.2-1306.\n\t\t\t“Independent living arrangement” means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. “Independent living services” may also mean services and activities provided to a person who (i) was in foster care on his eighteenth birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. “Independent living services” includes counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Intake officer” means a juvenile probation officer appointed as such pursuant to the authority of this chapter.\n\t\t\t“Jail” or “other facility designed for the detention of adults” means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.\n\t\t\t“The judge” means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.\n\t\t\t“This law” or “the law” means the Juvenile and Domestic Relations District Court Law embraced in this chapter.\n\t\t\t“Legal custody” means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.\n\t\t\t“Permanent foster care placement” means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child’s needs on a long-term basis.\n\t\t\t“Qualified individual” means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, seven days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child’s placement pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residual parental rights and responsibilities” means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.\n\t\t\t“Secure facility” or “detention home” means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.\n\t\t\t“Shelter care” means the temporary care of children in physically unrestricting facilities.\n\t\t\t“State Board” means the State Board of Juvenile Justice.\n\t\t\t“Status offender” means a child who commits an act prohibited by law which would not be criminal if committed by an adult.\n\t\t\t“Status offense” means an act prohibited by law which would not be an offense if committed by an adult.\n\t\t\t“Violent juvenile felony” means any of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 when committed by a juvenile 14 years of age or older.","order_by":null,"text":{"0":{"id":232430,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":232431,"text":"Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":232432,"text":"Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":232433,"text":"Whose parents or other person responsible for his care abandons such child;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":232434,"text":"Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":232435,"text":"Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian, or other person standing in loco parentis;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":232436,"text":"Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902; or","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":232437,"text":"Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the federal Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283 and placement for adoption, the court may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home” means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.\n\t\t\t“Adult” means a person 18 years of age or older.\n\t\t\t“Ancillary crime” or “ancillary charge” means any delinquent act committed by a juvenile as a part of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act that would be a felony if committed by an adult.\n\t\t\t“Child,” “juvenile,” or “minor” means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 of Title 63.2, younger than 21 years of age and meets the eligibility criteria set forth in § 63.2-919.\n\t\t\t“Child in need of services” means (i) a child whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of the child; (ii) a child who remains away from or deserts or abandons his family or lawful custodian during one occasion and is demonstratively at risk of coercion, exploitation, abuse, or manipulation or has been lured from his parent or lawful custodian by means of trickery or misrepresentation or under false pretenses; or (iii) a child under the age of 14 whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional, or sexual abuse in the home be considered a child in need of services for that reason alone.\n\t\t\tHowever, to find that a child falls within these provisions, (a) the conduct complained of must present a clear and substantial danger to the child’s life or health or to the life or health of another person; (b) the child or his family is in need of treatment, rehabilitation, or services not presently being received; and (c) the intervention of the court is essential to provide the treatment, rehabilitation, or services needed by the child or his family.\n\t\t\t“Child in need of supervision” means:","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"1"},"8":{"id":232438,"text":"A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child’s particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child’s regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of § 22.1-258; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7","next_prefix":"2"},"9":{"id":232439,"text":"A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court, and (i) such conduct presents a clear and substantial danger to the child’s life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court is essential to provide the treatment, rehabilitation or services needed by the child or his family.\n\t\t\t“Child welfare agency” means a child-placing agency, child-caring institution or independent foster home as defined in § 63.2-100.\n\t\t\t“The court” or the “juvenile court” or the “juvenile and domestic relations court” means the juvenile and domestic relations district court of each county or city.\n\t\t\t“Delinquent act” means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § 18.2-308.7, or (iii) a violation of a court order as provided for in § 16.1-292, but does not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child.\n\t\t\t“Delinquent child” means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of § 16.1-269.6.\n\t\t\t“Department” means the Department of Juvenile Justice and “Director” means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law.\n\t\t\t“Driver’s license” means any document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another jurisdiction, authorizing the operation of a motor vehicle upon the highways.\n\t\t\t“Family abuse” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.\n\t\t\t“Family or household member” means (i) the person’s spouse, whether or not such spouse resides in the same home with the person; (ii) the person’s former spouse, whether or not such person resides in the same home with the person; (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile.\n\t\t\t“Fictive kin” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care services” means the provision of a full range of casework, treatment and community services for a planned period of time to a child who is abused or neglected as defined in § 63.2-100 or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305 and developed consistent with 42 U.S.C. § 673 or the State-Funded Kinship Guardianship Assistance program set forth in § 63.2-1306.\n\t\t\t“Independent living arrangement” means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. “Independent living services” may also mean services and activities provided to a person who (i) was in foster care on his eighteenth birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement in an independent living arrangement. “Independent living services” includes counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Intake officer” means a juvenile probation officer appointed as such pursuant to the authority of this chapter.\n\t\t\t“Jail” or “other facility designed for the detention of adults” means a local or regional correctional facility as defined in § 53.1-1, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.\n\t\t\t“The judge” means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city.\n\t\t\t“This law” or “the law” means the Juvenile and Domestic Relations District Court Law embraced in this chapter.\n\t\t\t“Legal custody” means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.\n\t\t\t“Permanent foster care placement” means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.2-900 and 63.2-908 with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order or unless removed pursuant to § 16.1-251 or 63.2-1517. A permanent foster care placement may be a place of residence of any natural person or persons deemed appropriate to meet a child’s needs on a long-term basis.\n\t\t\t“Qualified individual” means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, seven days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court prior to any hearing on the child’s placement pursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residual parental rights and responsibilities” means all rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.\n\t\t\t“Secure facility” or “detention home” means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.\n\t\t\t“Shelter care” means the temporary care of children in physically unrestricting facilities.\n\t\t\t“State Board” means the State Board of Juvenile Justice.\n\t\t\t“Status offender” means a child who commits an act prohibited by law which would not be criminal if committed by an adult.\n\t\t\t“Status offense” means an act prohibited by law which would not be an offense if committed by an adult.\n\t\t\t“Violent juvenile felony” means any of the delinquent acts enumerated in subsection B or C of § 16.1-269.1 when committed by a juvenile 14 years of age or older.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":14558,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:48:39","date_modified":"2026-06-26 03:48:39","permalink":{"id":160947,"object_type":"structure","relational_id":14558,"identifier":"1","token":"16.1\/11\/1","url":"\/16.1\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68463,"structure_id":14558,"section_number":"16.1-226","catch_line":"Short title","url":"\/16.1-226\/","token":"16.1\/11\/1\/16.1-226","metadata":false},{"id":56028,"structure_id":14558,"section_number":"16.1-227","catch_line":"Purpose and intent","url":"\/16.1-227\/","token":"16.1\/11\/1\/16.1-227","metadata":false},{"id":63788,"structure_id":14558,"section_number":"16.1-228","catch_line":"Definitions","url":"\/16.1-228\/","token":"16.1\/11\/1\/16.1-228","metadata":false},{"id":57469,"structure_id":14558,"section_number":"16.1-229","catch_line":"This chapter controlling in event of conflict","url":"\/16.1-229\/","token":"16.1\/11\/1\/16.1-229","metadata":false},{"id":78552,"structure_id":14558,"section_number":"16.1-229.1","catch_line":"Removal of a child; names and contact information of persons with a legitimate interest","url":"\/16.1-229.1\/","token":"16.1\/11\/1\/16.1-229.1","metadata":false}],"previous_section":{"id":56028,"structure_id":14558,"section_number":"16.1-227","catch_line":"Purpose and intent","url":"\/16.1-227\/","token":"16.1\/11\/1\/16.1-227","metadata":false},"next_section":{"id":57469,"structure_id":14558,"section_number":"16.1-229","catch_line":"This chapter controlling in event of conflict","url":"\/16.1-229\/","token":"16.1\/11\/1\/16.1-229","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-228\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 36 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1972, chapter 708; in 1973, chapter 546; in 1974, chapters 44 and 45; in 1977, chapter 559; in 1978, chapter 605; in 1979, chapter 15; in 1981, chapter 491; in 1984, chapter 631; in 1985, chapter 260; in 1986, chapters 281 and 308; in 1987, chapter 632; in 1988, chapter 794; in 1990, chapters 704, 769, and 842; in 1991, chapter 534; in 1992, chapters 742, 830, and 886; in 1993, chapters 435, 467, and 494; in 1994, chapters 859<\/a>, 865<\/a>, and 949<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 1999, chapters 453<\/a>, 665<\/a>, 697<\/a>, and 721<\/a>; in 2002, chapters 810<\/a> and 818<\/a>; in 2003, chapters 538<\/a>, 547<\/a>, and 835<\/a>; in 2004, chapters 245<\/a> and 753<\/a>; in 2006, chapter 868<\/a>; in 2008, chapters 475<\/a> and 483<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2016, chapter 631<\/a>; in 2017, chapter 623<\/a>; in 2018, chapter 497<\/a>; in 2019, chapters 282<\/a> and 688<\/a>; in 2020, chapters 95<\/a>, 732<\/a>, 829<\/a>, 1227<\/a>, 1246<\/a>, 1285<\/a>, and 1286<\/a>; in 2022, chapters 80<\/a>, 81<\/a>, 366<\/a>, 414<\/a>, and 415<\/a>; in 2023, chapter 568<\/a>; in 2024, chapter 273<\/a>; in 2025, chapter 31<\/a>.<\/p>","references":[{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":56374,"section_number":"16.1-357","catch_line":"Disposition when juvenile found incompetent","order_by":null,"url":"\/16.1-357\/"},{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":82347,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","order_by":null,"url":"\/18.2-55\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":59217,"section_number":"18.2-59.1","catch_line":"Sexual extortion; penalty","order_by":null,"url":"\/18.2-59.1\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":77968,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","order_by":null,"url":"\/18.2-64.2\/"},{"id":57923,"section_number":"19.2-120","catch_line":"Admission to bail","order_by":null,"url":"\/19.2-120\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":79201,"section_number":"2.2-5211","catch_line":"State pool of funds for community policy and management teams","order_by":null,"url":"\/2.2-5211\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":72356,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","order_by":null,"url":"\/20-124.3\/"},{"id":73151,"section_number":"20-168","catch_line":"Definitions","order_by":null,"url":"\/20-168\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":58122,"section_number":"36-96.2","catch_line":"Exemptions","order_by":null,"url":"\/36-96.2\/"},{"id":67626,"section_number":"38.2-508","catch_line":"Unfair discrimination","order_by":null,"url":"\/38.2-508\/"},{"id":55605,"section_number":"46.2-334","catch_line":"Conditions and requirements for licensure of persons under 18","order_by":null,"url":"\/46.2-334\/"},{"id":73725,"section_number":"54.1-3900","catch_line":"Practice of law; student internship program; definition","order_by":null,"url":"\/54.1-3900\/"},{"id":58146,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","order_by":null,"url":"\/55.1-1203\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":71351,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","order_by":null,"url":"\/63.2-104\/"},{"id":72819,"section_number":"63.2-905","catch_line":"Foster care services","order_by":null,"url":"\/63.2-905\/"},{"id":63482,"section_number":"66-25.1:3","catch_line":"Extending limits of confinement of state wards for work and educational programs; disposition of wages; penalties for violations","order_by":null,"url":"\/66-25.1_3\/"}],"refers_to":[{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":72657,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","order_by":null,"url":"\/16.1-269.6\/"},{"id":86609,"section_number":"16.1-278.4","catch_line":"Children in need of services","order_by":null,"url":"\/16.1-278.4\/"},{"id":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":56299,"section_number":"16.1-282.2","catch_line":"Annual foster care review","order_by":null,"url":"\/16.1-282.2\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":62499,"section_number":"16.1-293","catch_line":"Supervision of juvenile or person during commitment and on parole; placing juvenile in halfway house","order_by":null,"url":"\/16.1-293\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":84194,"section_number":"18.2-308.7","catch_line":"Possession or transportation of certain firearms by persons under the age of 18; penalty","order_by":null,"url":"\/18.2-308.7\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; 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established","order_by":null,"url":"\/63.2-917\/"},{"id":69786,"section_number":"63.2-919","catch_line":"Fostering Futures program; eligibility","order_by":null,"url":"\/63.2-919\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"permalink":{"id":160957,"object_type":"law","relational_id":63788,"identifier":"16.1-228","token":"16.1\/11\/1\/16.1-228","url":"\/16.1-228\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-228\/","token":"16.1\/11\/1\/16.1-228","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-228","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Abused or neglected child<\/span>” means any child:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child’s parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony<\/span> violation of § 18.2-248<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whose parents or other person responsible for his care neglects or refuses to provide care necessary for his health; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child<\/span>. Further, a decision by parents who have legal authority for the child or, in the absence of parents with legal authority for the child, any person with legal authority for the child who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority and the child; (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion<\/span> on the subject of his medical treatment; (iii) the parents or other person with legal authority and the child have considered alternative treatment options; and (iv) the parents or other person with legal authority and the child believe in good faith that such decision is in the child’s best interest. No child whose parent or other person responsible for his care allows the child to engage in independent activities without adult<\/span> supervision shall for that reason alone be considered to be an abused or neglected child<\/span>, provided that (a) such independent activities are appropriate based on the child’s age, maturity, and physical and mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent as to endanger the health or safety of the child. Such independent activities include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of § 16.1-278.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whose parents or other person responsible for his care abandons such child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whose parents or other person responsible for his care, or an intimate partner of such parent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian, or other person standing in loco parentis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Whose parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000<\/a>, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense<\/span> against a minor<\/span> for which registration is required as a Tier III offender pursuant to § 9.1-902<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7102 et seq., and in the federal Justice for Victims of Trafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this chapter is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense<\/span> that such parent safely delivered the child within 30 days of the child’s birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. For purposes of terminating parental rights pursuant to § 16.1-283<\/a> and placement for adoption, the court<\/span> may find such a child is a neglected child upon the ground of abandonment.\n\t\t\t“Adoptive home<\/span>” means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household.\n\t\t\t“Adult<\/span>” means a person 18 years of age or older.\n\t\t\t“Ancillary crime<\/span>” or “ancillary charge<\/span>” means any delinquent act<\/span> committed by a juvenile as a part of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act<\/span> that would be a felony<\/span> if committed by an adult<\/span>.\n\t\t\t“Child,” “juvenile,” or “minor<\/span>” means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63.2-917<\/a> et seq.) of Chapter 9 of Title 63.2, younger than 21 years of age and meets the eligibility criteria set forth in § 63.2-919<\/a>.\n\t\t\t“Child in need of services<\/span>” means (i) a child whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of the child; (ii) a child who remains away from or deserts or abandons his family or lawful custodian during one occasion and is demonstratively at risk of coercion, exploitation, abuse, or manipulation or has been lured from his parent or lawful custodian by means of trickery or misrepresentation or under false pretenses<\/span>; or (iii) a child under the age of 14 whose behavior, conduct, or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services<\/span>, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court<\/span> or the local child protective services unit determines to be incidents of physical, emotional, or sexual abuse in the home be considered a child in need of services<\/span> for that reason alone.\n\t\t\tHowever, to find that a child falls within these provisions, (a) the conduct complained of must present a clear and substantial danger to the child’s life or health or to the life or health of another person; (b) the child or his family is in need of treatment, rehabilitation, or services not presently being received; and (c) the intervention of the court<\/span> is essential to provide the treatment, rehabilitation, or services needed by the child or his family.\n\t\t\t“Child in need of supervision” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A child who, while subject to compulsory school attendance, is habitually and without justification absent from school, and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child’s particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child’s regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of § 22.1-258<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A child who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or deserts or abandons his family or lawful custodian on more than one occasion or escapes or remains away without proper authority from a residential care facility in which he has been placed by the court<\/span>, and (i) such conduct presents a clear and substantial danger to the child’s life or health, (ii) the child or his family is in need of treatment, rehabilitation or services not presently being received, and (iii) the intervention of the court<\/span> is essential to provide the treatment, rehabilitation or services needed by the child or his family.\n\t\t\t“Child welfare agency<\/span>” means a child-placing agency, child-caring institution or independent foster home as defined in § 63.2-100<\/a>.\n\t\t\t“The court<\/span>” or the “juvenile court<\/span>” or the “juvenile and domestic relations court<\/span>” means the juvenile and domestic relations district court of each county or city.\n\t\t\t“Delinquent act<\/span>” means (i) an act designated a crime under the law<\/span> of the Commonwealth, or an ordinance<\/span> of any city, county, town, or service district, or under federal law, (ii) a violation of § 18.2-308.7<\/a>, or (iii) a violation of a court order<\/span> as provided for in § 16.1-292<\/a>, but does not include an act other than a violation of § 18.2-308.7<\/a>, which is otherwise lawful, but is designated a crime only if committed by a child.\n\t\t\t“Delinquent child<\/span>” means a child who has committed a delinquent act<\/span> or an adult<\/span> who has committed a delinquent act<\/span> prior to his eighteenth birthday, except where the jurisdiction<\/span> of the juvenile court<\/span> has been terminated under the provisions of § 16.1-269.6<\/a>.\n\t\t\t“Department<\/span>” means the Department<\/span> of Juvenile Justice and “Director<\/span>” means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law<\/span>.\n\t\t\t“Driver’s license” means any document issued under Chapter 3 (§ 46.2-300<\/a> et seq.) of Title 46.2, or the comparable law of another jurisdiction<\/span>, authorizing the operation of a motor vehicle upon the highways.\n\t\t\t“Family abuse<\/span>” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault<\/span>, or bodily injury and that is committed by a person against such person’s family or household member<\/span>. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault<\/span> in violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault<\/span>, or bodily injury.\n\t\t\t“Family or household member<\/span>” means (i) the person’s spouse, whether or not such spouse resides in the same home with the person; (ii) the person’s former spouse, whether or not such person resides in the same home with the person; (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile.\n\t\t\t“Fictive kin<\/span>” means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family.\n\t\t\t“Foster care services<\/span>” means the provision of a full range of casework, treatment and community services<\/span> for a planned period of time to a child who is abused or neglected as defined in § 63.2-100<\/a> or in need of services as defined in this section and his family when the child (i) has been identified as needing services to prevent or eliminate the need for foster care placement, (ii) has been placed through an agreement between the local board of social services or a public agency designated by the community policy and management team and the parents or guardians where legal custody<\/span> remains with the parents or guardians, (iii) has been committed or entrusted to a local board of social services or child welfare agency<\/span>, (iv) has been placed under the supervisory responsibility of the local board pursuant to § 16.1-293<\/a>, or (v) is living with a relative participating in the Federal-Funded Kinship Guardianship Assistance program set forth in § 63.2-1305<\/a> and developed consistent with 42 U.S.C. § 673 or the State-Funded Kinship Guardianship Assistance program set forth in § 63.2-1306<\/a>.\n\t\t\t“Independent living arrangement<\/span>” means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department<\/span> of Juvenile Justice immediately prior to placement by the Department<\/span> of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services<\/span>” means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency<\/span>, or private child-placing agency. “Independent living services<\/span>” may also mean services and activities provided to a person who (i) was in foster care on his eighteenth birthday and has not yet reached the age of 21 years; (ii) is between the ages of 18 and 21 and who, immediately prior to his commitment to the Department<\/span> of Juvenile Justice, was in the custody of a local board of social services; or (iii) is a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department<\/span> of Juvenile Justice immediately prior to placement in an independent living arrangement<\/span>. “Independent living services<\/span>” includes counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency.\n\t\t\t“Intake officer<\/span>” means a juvenile probation officer<\/span> appointed as such pursuant to the authority of this chapter.\n\t\t\t“Jail<\/span>” or “other facility designed for the detention of adults<\/span>” means a local or regional correctional facility as defined in § 53.1-1<\/a>, except those facilities utilized on a temporary basis as a court holding cell for a child incident to a court hearing<\/span> or as a temporary lock-up room or ward incident to the transfer of a child to a juvenile facility.\n\t\t\t“The judge<\/span>” means the judge<\/span> or the substitute judge of the juvenile and domestic relations district court of each county or city.\n\t\t\t“This law<\/span>” or “the law<\/span>” means the Juvenile and Domestic Relations District Court Law embraced in this chapter.\n\t\t\t“Legal custody<\/span>” means (i) a legal status created by court order<\/span> which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities<\/span> or (ii) the legal status created by court order<\/span> of joint custody as defined in § 20-107.2<\/a>.\n\t\t\t“Permanent foster care placement<\/span>” means the place of residence in which a child resides and in which he has been placed pursuant to the provisions of §§ 63.2-900<\/a> and 63.2-908<\/a> with the expectation and agreement between the placing agency and the place of permanent foster care that the child shall remain in the placement until he reaches the age of majority unless modified by court order<\/span> or unless removed pursuant to § 16.1-251<\/a> or 63.2-1517<\/a>. A permanent foster care placement<\/span> may be a place of residence of any natural person or persons deemed appropriate to meet a child’s needs on a long-term basis.\n\t\t\t“Qualified individual<\/span>” means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program<\/span> and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.\n\t\t\t“Qualified residential treatment program<\/span>” means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, seven days a week; (iv) conducts outreach with the child’s family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin<\/span> of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child’s treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with 42 U.S.C. § 671(a)(10) and accredited by an organization approved by the federal Secretary of Health and Human Services; and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual<\/span> that (a) assesses the strengths and needs of the child using an age-appropriate, evidence<\/span>-based, validated, and functional assessment tool approved by the Commissioner of Social Services; (b) identifies whether the needs of the child can be met through placement with a family member or in a foster home or, if not, in a placement setting authorized by 42 U.S.C. § 672(k)(2), including a qualified residential treatment program<\/span>, that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals established for the child in his foster care or permanency plan; (c) establishes a list of short-term and long-term mental and behavioral health goals for the child; and (d) is documented in a written report to be filed with the court<\/span> prior to any hearing<\/span> on the child’s placement pursuant to § 16.1-281<\/a>, 16.1-282<\/a>, 16.1-282.1<\/a>, or 16.1-282.2<\/a>.\n\t\t\t“Residual parental rights and responsibilities<\/span>” means all rights and responsibilities remaining with the parent after the transfer of legal custody<\/span> or guardianship of the person, including but not limited to the right of visitation, consent to adoption, the right to determine religious affiliation and the responsibility for support.\n\t\t\t“Secure facility<\/span>” or “detention home<\/span>” means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody.\n\t\t\t“Shelter care<\/span>” means the temporary care of children in physically unrestricting facilities.\n\t\t\t“State Board<\/span>” means the State Board<\/span> of Juvenile Justice.\n\t\t\t“Status offender<\/span>” means a child who commits an act prohibited by law which would not be criminal if committed by an adult<\/span>.\n\t\t\t“Status offense<\/span>” means an act prohibited by law which would not be an offense if committed by an adult<\/span>.\n\t\t\t“Violent juvenile felony<\/span>” means any of the delinquent acts<\/span> enumerated in subsection B or C of § 16.1-269.1<\/a> when committed by a juvenile 14 years of age or older. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 16.1-228)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Abused or neglected child” means any child:\n\n1. Whose parents or other person responsible for his care creates or inflicts,\nthreatens to create or inflict, or allows to be created or inflicted upon such\nchild a physical or mental injury by other than accidental means, or creates a\nsubstantial risk of death, disfigurement or impairment of bodily or mental\nfunctions, including, but not limited to, a child who is with his parent or\nother person responsible for his care either (i) during the manufacture or\nattempted manufacture of a Schedule I or II controlled substance, or (ii) during\nthe unlawful sale of such substance by that child’s parents or other\nperson responsible for his care, where such manufacture, or attempted\nmanufacture or unlawful sale would constitute a felony violation of §\n18.2-248;\n\n2. Whose parents or other person responsible for his care neglects or refuses to\nprovide care necessary for his health; however, no child who in good faith is\nunder treatment solely by spiritual means through prayer in accordance with the\ntenets and practices of a recognized church or religious denomination shall for\nthat reason alone be considered to be an abused or neglected child. Further, a\ndecision by parents who have legal authority for the child or, in the absence of\nparents with legal authority for the child, any person with legal authority for\nthe child who refuses a particular medical treatment for a child with a\nlife-threatening condition shall not be deemed a refusal to provide necessary\ncare if (i) such decision is made jointly by the parents or other person with\nlegal authority and the child; (ii) the child has reached 14 years of age and is\nsufficiently mature to have an informed opinion on the subject of his medical\ntreatment; (iii) the parents or other person with legal authority and the child\nhave considered alternative treatment options; and (iv) the parents or other\nperson with legal authority and the child believe in good faith that such\ndecision is in the child’s best interest. No child whose parent or other\nperson responsible for his care allows the child to engage in independent\nactivities without adult supervision shall for that reason alone be considered\nto be an abused or neglected child, provided that (a) such independent\nactivities are appropriate based on the child’s age, maturity, and\nphysical and mental abilities and (b) such lack of supervision does not\nconstitute conduct that is so grossly negligent as to endanger the health or\nsafety of the child. Such independent activities include traveling to or from\nschool or nearby locations by bicycle or on foot, playing outdoors, or remaining\nat home for a reasonable period of time. Nothing in this subdivision shall be\nconstrued to limit the provisions of § 16.1-278.4;\n\n3. Whose parents or other person responsible for his care abandons such child;\n\n4. Whose parents or other person responsible for his care, or an intimate\npartner of such parent or person, commits or allows to be committed any act of\nsexual exploitation or any sexual act upon a child in violation of the law;\n\n5. Who is without parental care or guardianship caused by the unreasonable\nabsence or the mental or physical incapacity of the child’s parent,\nguardian, legal custodian, or other person standing in loco parentis;\n\n6. Whose parents or other person responsible for his care creates a substantial\nrisk of physical or mental injury by knowingly leaving the child alone in the\nsame dwelling, including an apartment as defined in § 55.1-2000, with a\nperson to whom the child is not related by blood or marriage and who the parent\nor other person responsible for his care knows has been convicted of an offense\nagainst a minor for which registration is required as a Tier III offender\npursuant to § 9.1-902; or\n\n7. Who has been identified as a victim of sex trafficking or severe forms of\ntrafficking as defined in the federal Trafficking Victims Protection Act of\n2000, 22 U.S.C. § 7102 et seq., and in the federal Justice for Victims of\nTrafficking Act of 2015, 42 U.S.C. § 5101 et seq.\n\t\t\tIf a civil proceeding under this chapter is based solely on the parent having\nleft the child at a hospital or emergency medical services agency, it shall be\nan affirmative defense that such parent safely delivered the child within 30\ndays of the child’s birth to (i) a hospital that provides 24-hour\nemergency services, (ii) an attended emergency medical services agency that\nemploys emergency medical services personnel, or (iii) a newborn safety device\nlocated at and operated by such hospital or emergency medical services agency.\nFor purposes of terminating parental rights pursuant to § 16.1-283 and\nplacement for adoption, the court may find such a child is a neglected child\nupon the ground of abandonment.\n\t\t\t“Adoptive home” means the place of residence of any natural\nperson in which a child resides as a member of the household and in which he has\nbeen placed for the purposes of adoption or in which he has been legally adopted\nby another member of the household.\n\t\t\t“Adult” means a person 18 years of age or older.\n\t\t\t“Ancillary crime” or “ancillary charge” means any\ndelinquent act committed by a juvenile as a part of the same act or transaction\nas, or that constitutes a part of a common scheme or plan with, a delinquent act\nthat would be a felony if committed by an adult.\n\t\t\t“Child,” “juvenile,” or “minor” means a\nperson who is (i) younger than 18 years of age or (ii) for purposes of the\nFostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of\nChapter 9 of Title 63.2, younger than 21 years of age and meets the eligibility\ncriteria set forth in § 63.2-919.\n\t\t\t“Child in need of services” means (i) a child whose behavior,\nconduct, or condition presents or results in a serious threat to the well-being\nand physical safety of the child; (ii) a child who remains away from or deserts\nor abandons his family or lawful custodian during one occasion and is\ndemonstratively at risk of coercion, exploitation, abuse, or manipulation or has\nbeen lured from his parent or lawful custodian by means of trickery or\nmisrepresentation or under false pretenses; or (iii) a child under the age of 14\nwhose behavior, conduct, or condition presents or results in a serious threat to\nthe well-being and physical safety of another person; however, no child who in\ngood faith is under treatment solely by spiritual means through prayer in\naccordance with the tenets and practices of a recognized church or religious\ndenomination shall for that reason alone be considered to be a child in need of\nservices, nor shall any child who habitually remains away from or habitually\ndeserts or abandons his family as a result of what the court or the local child\nprotective services unit determines to be incidents of physical, emotional, or\nsexual abuse in the home be considered a child in need of services for that\nreason alone.\n\t\t\tHowever, to find that a child falls within these provisions, (a) the conduct\ncomplained of must present a clear and substantial danger to the child’s\nlife or health or to the life or health of another person; (b) the child or his\nfamily is in need of treatment, rehabilitation, or services not presently being\nreceived; and (c) the intervention of the court is essential to provide the\ntreatment, rehabilitation, or services needed by the child or his family.\n\t\t\t“Child in need of supervision” means:\n\n1. A child who, while subject to compulsory school attendance, is habitually and\nwithout justification absent from school, and (i) the child has been offered an\nadequate opportunity to receive the benefit of any and all educational services\nand programs that are required to be provided by law and which meet the\nchild’s particular educational needs, (ii) the school system from which\nthe child is absent or other appropriate agency has made a reasonable effort to\neffect the child’s regular attendance without success, and (iii) the\nschool system has provided documentation that it has complied with the\nprovisions of § 22.1-258; or\n\n2. A child who, without reasonable cause and without the consent of his parent,\nlawful custodian or placement authority, remains away from or deserts or\nabandons his family or lawful custodian on more than one occasion or escapes or\nremains away without proper authority from a residential care facility in which\nhe has been placed by the court, and (i) such conduct presents a clear and\nsubstantial danger to the child’s life or health, (ii) the child or his\nfamily is in need of treatment, rehabilitation or services not presently being\nreceived, and (iii) the intervention of the court is essential to provide the\ntreatment, rehabilitation or services needed by the child or his family.\n\t\t\t“Child welfare agency” means a child-placing agency, child-caring\ninstitution or independent foster home as defined in § 63.2-100.\n\t\t\t“The court” or the “juvenile court” or the\n“juvenile and domestic relations court” means the juvenile and\ndomestic relations district court of each county or city.\n\t\t\t“Delinquent act” means (i) an act designated a crime under the\nlaw of the Commonwealth, or an ordinance of any city, county, town, or service\ndistrict, or under federal law, (ii) a violation of § 18.2-308.7, or (iii)\na violation of a court order as provided for in § 16.1-292, but does not\ninclude an act other than a violation of § 18.2-308.7, which is otherwise\nlawful, but is designated a crime only if committed by a child.\n\t\t\t“Delinquent child” means a child who has committed a delinquent\nact or an adult who has committed a delinquent act prior to his eighteenth\nbirthday, except where the jurisdiction of the juvenile court has been\nterminated under the provisions of § 16.1-269.6.\n\t\t\t“Department” means the Department of Juvenile Justice and\n“Director” means the administrative head in charge thereof or such\nof his assistants and subordinates as are designated by him to discharge the\nduties imposed upon him under this law.\n\t\t\t“Driver’s license” means any document issued under Chapter\n3 (§ 46.2-300 et seq.) of Title 46.2, or the comparable law of another\njurisdiction, authorizing the operation of a motor vehicle upon the highways.\n\t\t\t“Family abuse” means any act involving violence, force, or threat\nthat results in bodily injury or places one in reasonable apprehension of death,\nsexual assault, or bodily injury and that is committed by a person against such\nperson’s family or household member. Such act includes, but is not limited\nto, any forceful detention, stalking, criminal sexual assault in violation of\nArticle 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal\noffense that results in bodily injury or places one in reasonable apprehension\nof death, sexual assault, or bodily injury.\n\t\t\t“Family or household member” means (i) the person’s spouse,\nwhether or not such spouse resides in the same home with the person; (ii) the\nperson’s former spouse, whether or not such person resides in the same\nhome with the person; (iii) the person’s parents, stepparents, children,\nstepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and\ngrandchildren, regardless of whether such persons reside in the same home with\nthe person; (iv) the person’s mother-in-law, father-in-law, sons-in-law,\ndaughters-in-law, brothers-in-law, and sisters-in-law who reside in the same\nhome with the person; (v) any individual who has a child in common with the\nperson, whether or not the person and that individual have been married or have\nresided together at any time; (vi) any individual who cohabits or who, within\nthe previous 12 months, cohabited with the person, and any children of either of\nthem then residing in the same home with the person; or (vii) an individual who\nis a legal custodian of a juvenile.\n\t\t\t“Fictive kin” means persons who are not related to a child by\nblood or adoption but have an established relationship with the child or his\nfamily.\n\t\t\t“Foster care services” means the provision of a full range of\ncasework, treatment and community services for a planned period of time to a\nchild who is abused or neglected as defined in § 63.2-100 or in need of\nservices as defined in this section and his family when the child (i) has been\nidentified as needing services to prevent or eliminate the need for foster care\nplacement, (ii) has been placed through an agreement between the local board of\nsocial services or a public agency designated by the community policy and\nmanagement team and the parents or guardians where legal custody remains with\nthe parents or guardians, (iii) has been committed or entrusted to a local board\nof social services or child welfare agency, (iv) has been placed under the\nsupervisory responsibility of the local board pursuant to § 16.1-293, or\n(v) is living with a relative participating in the Federal-Funded Kinship\nGuardianship Assistance program set forth in § 63.2-1305 and developed\nconsistent with 42 U.S.C. § 673 or the State-Funded Kinship Guardianship\nAssistance program set forth in § 63.2-1306.\n\t\t\t“Independent living arrangement” means placement of (i) a child\nat least 16 years of age who is in the custody of a local board or licensed\nchild-placing agency by the local board or licensed child-placing agency or (ii)\na child at least 16 years of age or a person between the ages of 18 and 21 who\nwas committed to the Department of Juvenile Justice immediately prior to\nplacement by the Department of Juvenile Justice, in a living arrangement in\nwhich such child or person does not have daily substitute parental supervision.\n\t\t\t“Independent living services” means services and activities\nprovided to a child in foster care 14 years of age or older and who has been\ncommitted or entrusted to a local board of social services, child welfare\nagency, or private child-placing agency. “Independent living\nservices” may also mean services and activities provided to a person who\n(i) was in foster care on his eighteenth birthday and has not yet reached the\nage of 21 years; (ii) is between the ages of 18 and 21 and who, immediately\nprior to his commitment to the Department of Juvenile Justice, was in the\ncustody of a local board of social services; or (iii) is a child at least 16\nyears of age or a person between the ages of 18 and 21 who was committed to the\nDepartment of Juvenile Justice immediately prior to placement in an independent\nliving arrangement. “Independent living services” includes\ncounseling, education, housing, employment, and money management skills\ndevelopment and access to essential documents and other appropriate services to\nhelp children or persons prepare for self-sufficiency.\n\t\t\t“Intake officer” means a juvenile probation officer appointed as\nsuch pursuant to the authority of this chapter.\n\t\t\t“Jail” or “other facility designed for the detention of\nadults” means a local or regional correctional facility as defined in\n§ 53.1-1, except those facilities utilized on a temporary basis as a court\nholding cell for a child incident to a court hearing or as a temporary lock-up\nroom or ward incident to the transfer of a child to a juvenile facility.\n\t\t\t“The judge” means the judge or the substitute judge of the\njuvenile and domestic relations district court of each county or city.\n\t\t\t“This law” or “the law” means the Juvenile and\nDomestic Relations District Court Law embraced in this chapter.\n\t\t\t“Legal custody” means (i) a legal status created by court order\nwhich vests in a custodian the right to have physical custody of the child, to\ndetermine and redetermine where and with whom he shall live, the right and duty\nto protect, train and discipline him and to provide him with food, shelter,\neducation and ordinary medical care, all subject to any residual parental rights\nand responsibilities or (ii) the legal status created by court order of joint\ncustody as defined in § 20-107.2.\n\t\t\t“Permanent foster care placement” means the place of residence in\nwhich a child resides and in which he has been placed pursuant to the provisions\nof §§ 63.2-900 and 63.2-908 with the expectation and agreement between\nthe placing agency and the place of permanent foster care that the child shall\nremain in the placement until he reaches the age of majority unless modified by\ncourt order or unless removed pursuant to § 16.1-251 or 63.2-1517. A\npermanent foster care placement may be a place of residence of any natural\nperson or persons deemed appropriate to meet a child’s needs on a\nlong-term basis.\n\t\t\t“Qualified individual” means a trained professional or licensed\nclinician who is not an employee of the local board of social services or\nlicensed child-placing agency that placed the child in a qualified residential\ntreatment program and is not affiliated with any placement setting in which\nchildren are placed by such local board of social services or licensed\nchild-placing agency.\n\t\t\t“Qualified residential treatment program” means a program that\n(i) provides 24-hour residential placement services for children in foster care;\n(ii) has adopted a trauma-informed treatment model that meets the clinical and\nother needs of children with serious emotional or behavioral disorders,\nincluding any clinical or other needs identified through assessments conducted\npursuant to clause (viii) of this definition; (iii) employs registered or\nlicensed nursing and other clinical staff who provide care, on site and within\nthe scope of their practice, and are available 24 hours a day, seven days a\nweek; (iv) conducts outreach with the child’s family members, including\nefforts to maintain connections between the child and his siblings and other\nfamily; documents and maintains records of such outreach efforts; and maintains\ncontact information for any known biological family and fictive kin of the\nchild; (v) whenever appropriate and in the best interest of the child,\nfacilitates participation by family members in the child’s treatment\nprogram before and after discharge and documents the manner in which such\nparticipation is facilitated; (vi) provides discharge planning and family-based\naftercare support for at least six months after discharge; (vii) is licensed in\naccordance with 42 U.S.C. § 671(a)(10) and accredited by an organization\napproved by the federal Secretary of Health and Human Services; and (viii)\nrequires that any child placed in the program receive an assessment within 30\ndays of such placement by a qualified individual that (a) assesses the strengths\nand needs of the child using an age-appropriate, evidence-based, validated, and\nfunctional assessment tool approved by the Commissioner of Social Services; (b)\nidentifies whether the needs of the child can be met through placement with a\nfamily member or in a foster home or, if not, in a placement setting authorized\nby 42 U.S.C. § 672(k)(2), including a qualified residential treatment\nprogram, that would provide the most effective and appropriate level of care for\nthe child in the least restrictive environment and be consistent with the\nshort-term and long-term goals established for the child in his foster care or\npermanency plan; (c) establishes a list of short-term and long-term mental and\nbehavioral health goals for the child; and (d) is documented in a written report\nto be filed with the court prior to any hearing on the child’s placement\npursuant to § 16.1-281, 16.1-282, 16.1-282.1, or 16.1-282.2.\n\t\t\t“Residual parental rights and responsibilities” means all rights\nand responsibilities remaining with the parent after the transfer of legal\ncustody or guardianship of the person, including but not limited to the right of\nvisitation, consent to adoption, the right to determine religious affiliation\nand the responsibility for support.\n\t\t\t“Secure facility” or “detention home” means a local,\nregional or state public or private locked residential facility that has\nconstruction fixtures designed to prevent escape and to restrict the movement\nand activities of children held in lawful custody.\n\t\t\t“Shelter care” means the temporary care of children in physically\nunrestricting facilities.\n\t\t\t“State Board” means the State Board of Juvenile Justice.\n\t\t\t“Status offender” means a child who commits an act prohibited by\nlaw which would not be criminal if committed by an adult.\n\t\t\t“Status offense” means an act prohibited by law which would not\nbe an offense if committed by an adult.\n\t\t\t“Violent juvenile felony” means any of the delinquent acts\nenumerated in subsection B or C of § 16.1-269.1 when committed by a\njuvenile 14 years of age or older.\n\nHISTORY: Code 1950, \u00a7 16.1-141; 1956, c. 555; 1972, c. 708; 1973, c. 546; 1974,\ncc. 44, 45; 1977, c. 559; 1978, c. 605; 1979, c. 15; 1981, c. 491; 1984, c. 631;\n1985, c. 260; 1986, cc. 281, 308; 1987, c. 632; 1988, c. 794; 1990, cc. 704,\n769, 842; 1991, c. 534; 1992, cc. 742, 830, 886; 1993, cc. 435, 467, 494; 1994,\ncc. 859, 865, 949; 1996, cc. 755, 914; 1999, cc. 453, 665, 697, 721; 2002, cc.\n810, 818; 2003, cc. 538, 547, 835; 2004, cc. 245, 753; 2006, c. 868; 2008, cc.\n475, 483; 2011, cc. 445, 480; 2015, cc. 502, 503; 2016, c. 631; 2017, c. 623;\n2018, c. 497; 2019, cc. 282, 688; 2020, cc. 95, 732, 829, 1227, 1246, 1285,\n1286; 2021 Sp. Sess. I, cc. 254, 310, 550, 551; 2022, cc. 80, 81, 366, 414, 415;\n2023, c. 568; 2024, c. 273; 2025, c. 31.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}