{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-245.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-245.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-245.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-245.1.html"}],"law_id":59845,"edition_id":1,"section_id":59845,"structure_id":13723,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","history":"1990, c. 560; 1996, c. 866; 2000, c. 163; 2019, c. 716.","full_text":"In any civil case heard in a juvenile and domestic relations district court involving allegations of child abuse or neglect or family abuse, any party may present evidence, by a report from the treating or examining health care provider as defined in \u00a7 8.01-581.1 or the records of a hospital, medical facility or laboratory at which the treatment, examination or laboratory analysis was performed, or both, as to the extent, nature, and treatment of any physical condition or injury suffered by a person and the examination of the person or the result of the laboratory analysis.\n\t\tA medical report shall be admitted if the party intending to present such evidence at trial or hearing gives the opposing party or parties a copy of the evidence and written notice of intention to present it at least 10 days, or in the case of a preliminary removal hearing under \u00a7 16.1-252 or in preliminary protective order hearings under \u00a7 16.1-253 or 16.1-253.1 at least 24 hours, prior to the trial or hearing and if attached to such evidence is a sworn statement of the treating or examining health care provider or laboratory analyst who made the report that (i) the information contained therein is true, accurate, and fully describes the nature and extent of the physical condition or injury and (ii) the patient named therein was the person treated or examined by such health care provider; or, in the case of a laboratory analysis, that the information contained therein is true and accurate.\n\t\tA hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility. If thereafter a party summons the health care provider or custodian making such statement to testify in proper person or by deposition taken de bene esse, the court shall determine which party shall pay the fees and costs for such appearance or depositions, or may apportion the same among the parties in such proportion as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition de bene esse, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require.","order_by":null,"text":{"0":{"id":219228,"text":"In any civil case heard in a juvenile and domestic relations district court involving allegations of child abuse or neglect or family abuse, any party may present evidence, by a report from the treating or examining health care provider as defined in \u00a7 8.01-581.1 or the records of a hospital, medical facility or laboratory at which the treatment, examination or laboratory analysis was performed, or both, as to the extent, nature, and treatment of any physical condition or injury suffered by a person and the examination of the person or the result of the laboratory analysis.\n\t\tA medical report shall be admitted if the party intending to present such evidence at trial or hearing gives the opposing party or parties a copy of the evidence and written notice of intention to present it at least 10 days, or in the case of a preliminary removal hearing under \u00a7 16.1-252 or in preliminary protective order hearings under \u00a7 16.1-253 or 16.1-253.1 at least 24 hours, prior to the trial or hearing and if attached to such evidence is a sworn statement of the treating or examining health care provider or laboratory analyst who made the report that (i) the information contained therein is true, accurate, and fully describes the nature and extent of the physical condition or injury and (ii) the patient named therein was the person treated or examined by such health care provider; or, in the case of a laboratory analysis, that the information contained therein is true and accurate.\n\t\tA hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility. If thereafter a party summons the health care provider or custodian making such statement to testify in proper person or by deposition taken de bene esse, the court shall determine which party shall pay the fees and costs for such appearance or depositions, or may apportion the same among the parties in such proportion as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition de bene esse, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13723,"edition_id":1,"name":"Jurisdiction and Venue","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:45:40","date_modified":"2026-06-26 03:45:40","permalink":{"id":161481,"object_type":"structure","relational_id":13723,"identifier":"3","token":"16.1\/11\/3","url":"\/16.1\/11\/3\/","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":71312,"structure_id":13723,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","url":"\/16.1-241\/","token":"16.1\/11\/3\/16.1-241","metadata":false},{"id":56537,"structure_id":13723,"section_number":"16.1-241.1","catch_line":"Repealed","url":"\/16.1-241.1\/","token":"16.1\/11\/3\/16.1-241.1","metadata":false},{"id":64854,"structure_id":13723,"section_number":"16.1-241.2","catch_line":"Proceedings against certain parents","url":"\/16.1-241.2\/","token":"16.1\/11\/3\/16.1-241.2","metadata":false},{"id":69856,"structure_id":13723,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","url":"\/16.1-241.3\/","token":"16.1\/11\/3\/16.1-241.3","metadata":false},{"id":54717,"structure_id":13723,"section_number":"16.1-242","catch_line":"Retention of jurisdiction","url":"\/16.1-242\/","token":"16.1\/11\/3\/16.1-242","metadata":false},{"id":83429,"structure_id":13723,"section_number":"16.1-242.1","catch_line":"Retention of jurisdiction; appeals involving children in foster care","url":"\/16.1-242.1\/","token":"16.1\/11\/3\/16.1-242.1","metadata":false},{"id":71654,"structure_id":13723,"section_number":"16.1-243","catch_line":"Venue","url":"\/16.1-243\/","token":"16.1\/11\/3\/16.1-243","metadata":false},{"id":60259,"structure_id":13723,"section_number":"16.1-244","catch_line":"Concurrent jurisdiction; exceptions","url":"\/16.1-244\/","token":"16.1\/11\/3\/16.1-244","metadata":false},{"id":69416,"structure_id":13723,"section_number":"16.1-245","catch_line":"Transfer from other courts","url":"\/16.1-245\/","token":"16.1\/11\/3\/16.1-245","metadata":false},{"id":59845,"structure_id":13723,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","url":"\/16.1-245.1\/","token":"16.1\/11\/3\/16.1-245.1","metadata":false},{"id":72275,"structure_id":13723,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","url":"\/16.1-245.2\/","token":"16.1\/11\/3\/16.1-245.2","metadata":false}],"previous_section":{"id":69416,"structure_id":13723,"section_number":"16.1-245","catch_line":"Transfer from other courts","url":"\/16.1-245\/","token":"16.1\/11\/3\/16.1-245","metadata":false},"next_section":{"id":72275,"structure_id":13723,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","url":"\/16.1-245.2\/","token":"16.1\/11\/3\/16.1-245.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-245.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 560 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1996, chapter 866<\/a>; in 2000, chapter 163<\/a>; in 2019, chapter 716<\/a>.<\/p>","references":[{"id":72275,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","order_by":null,"url":"\/16.1-245.2\/"}],"refers_to":[{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":161519,"object_type":"law","relational_id":59845,"identifier":"16.1-245.1","token":"16.1\/11\/3\/16.1-245.1","url":"\/16.1-245.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-245.1\/","token":"16.1\/11\/3\/16.1-245.1","dublin_core":{"Title":"Medical evidence admissible in juvenile and domestic relations district court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-245.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any civil case heard in a juvenile and domestic relations district court involving allegations<\/span> of child abuse or neglect or family abuse<\/span>, any party<\/span> may present evidence<\/span>, by a report from the treating or examining health care provider as defined in \u00a7 8.01-581.1<\/a> or the records of a hospital, medical facility or laboratory at which the treatment, examination or laboratory analysis was performed, or both, as to the extent, nature, and treatment of any physical condition or injury suffered by a person and the examination of the person or the result of the laboratory analysis.\n\t\tA medical report shall be admitted if the party<\/span> intending to present such evidence<\/span> at trial<\/span> or hearing<\/span> gives the opposing party<\/span> or parties a copy of the evidence<\/span> and written notice of intention to present it at least 10 days, or in the case of a preliminary removal hearing<\/span> under \u00a7 16.1-252<\/a> or in preliminary protective order<\/span> hearings<\/span> under \u00a7 16.1-253<\/a> or 16.1-253.1<\/a> at least 24 hours, prior to the trial<\/span> or hearing<\/span> and if attached to such evidence<\/span> is a sworn statement of the treating or examining health care provider or laboratory analyst who made the report that (i) the information contained therein is true, accurate, and fully describes the nature and extent of the physical condition or injury and (ii) the patient named therein was the person treated or examined by such health care provider; or, in the case of a laboratory analysis, that the information contained therein is true and accurate.\n\t\tA hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility. If thereafter a party<\/span> summons<\/span> the health care provider or custodian making such statement to testify in proper person or by deposition<\/span> taken de bene esse, the court<\/span> shall determine which party<\/span> shall pay the fees and costs for such appearance<\/span> or depositions<\/span>, or may apportion the same among the parties in such proportion as the ends of justice may require. If such health care provider or custodian is not subject to subpoena<\/span> for cross-examination in court or by a deposition<\/span> de bene esse, then the court<\/span> shall allow a reasonable opportunity for the party<\/span> seeking the subpoena<\/span> for such health care provider or custodian to obtain his testimony<\/span> as the ends of justice may require.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL EVIDENCE ADMISSIBLE IN JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT\n(\u00a7 16.1-245.1)\n\nIn any civil case heard in a juvenile and domestic relations district court\ninvolving allegations of child abuse or neglect or family abuse, any party may\npresent evidence, by a report from the treating or examining health care\nprovider as defined in \u00a7 8.01-581.1 or the records of a hospital, medical\nfacility or laboratory at which the treatment, examination or laboratory\nanalysis was performed, or both, as to the extent, nature, and treatment of any\nphysical condition or injury suffered by a person and the examination of the\nperson or the result of the laboratory analysis.\n\t\tA medical report shall be admitted if the party intending to present such\nevidence at trial or hearing gives the opposing party or parties a copy of the\nevidence and written notice of intention to present it at least 10 days, or in\nthe case of a preliminary removal hearing under \u00a7 16.1-252 or in preliminary\nprotective order hearings under \u00a7 16.1-253 or 16.1-253.1 at least 24 hours,\nprior to the trial or hearing and if attached to such evidence is a sworn\nstatement of the treating or examining health care provider or laboratory\nanalyst who made the report that (i) the information contained therein is true,\naccurate, and fully describes the nature and extent of the physical condition or\ninjury and (ii) the patient named therein was the person treated or examined by\nsuch health care provider; or, in the case of a laboratory analysis, that the\ninformation contained therein is true and accurate.\n\t\tA hospital or other medical facility record shall be admitted if attached to\nit is a sworn statement of the custodian thereof that the same is a true and\naccurate copy of the record of such hospital or other medical facility. If\nthereafter a party summons the health care provider or custodian making such\nstatement to testify in proper person or by deposition taken de bene esse, the\ncourt shall determine which party shall pay the fees and costs for such\nappearance or depositions, or may apportion the same among the parties in such\nproportion as the ends of justice may require. If such health care provider or\ncustodian is not subject to subpoena for cross-examination in court or by a\ndeposition de bene esse, then the court shall allow a reasonable opportunity for\nthe party seeking the subpoena for such health care provider or custodian to\nobtain his testimony as the ends of justice may require.\n\nHISTORY: 1990, c. 560; 1996, c. 866; 2000, c. 163; 2019, c. 716.","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}}