{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-246.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-246.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-246.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-246.html"}],"law_id":56400,"edition_id":1,"section_id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","history":"Code 1950, \u00a7 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671; 1977, c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683; 1985, c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.","full_text":"No child may be taken into immediate custody except:\n\nA\n\nWith a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; orB\n\nWhen a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child’s life or health or (ii) the assumption of custody is necessary to ensure the child’s appearance before the court; orC\n\nWhen, in the presence of the officer who makes the arrest, a child has committed an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; orC1\n\nWhen a child has committed a misdemeanor offense involving (i) shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii) carrying a weapon on school property in violation of § 18.2-308.1 and, although the offense was not committed in the presence of the officer who makes the arrest, the arrest is based on probable cause on reasonable complaint of a person who observed the alleged offense; orD\n\nWhen there is probable cause to believe that a child has committed an offense which if committed by an adult would be a felony; orE\n\nWhen a law-enforcement officer has probable cause to believe that a person committed to the Department of Juvenile Justice as a child has run away or that a child has escaped from a jail or detention home; orF\n\nWhen a law-enforcement officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court, the local department of social services or a licensed child welfare agency; orG\n\nWhen a law-enforcement officer has probable cause to believe that a child (i) has run away from home or (ii) is without adult supervision at such hours of the night and under such circumstances that the law-enforcement officer reasonably concludes that there is a clear and substantial danger to the child’s welfare; orH\n\nWhen a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340.","order_by":null,"text":{"0":{"id":206498,"text":"No child may be taken into immediate custody except:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":206499,"text":"With a detention order issued by the judge, the intake officer or the clerk, when authorized by the judge, of the juvenile and domestic relations district court in accordance with the provisions of this law or with a warrant issued by a magistrate; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":206500,"text":"When a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child’s life or health or (ii) the assumption of custody is necessary to ensure the child’s appearance before the court; or","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":206501,"text":"When, in the presence of the officer who makes the arrest, a child has committed an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; or","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"4":{"id":206502,"text":"When a child has committed a misdemeanor offense involving (i) shoplifting in violation of § 18.2-103, (ii) assault and battery or (iii) carrying a weapon on school property in violation of § 18.2-308.1 and, although the offense was not committed in the presence of the officer who makes the arrest, the arrest is based on probable cause on reasonable complaint of a person who observed the alleged offense; or","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"D"},"5":{"id":206503,"text":"When there is probable cause to believe that a child has committed an offense which if committed by an adult would be a felony; or","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C1","next_prefix":"E"},"6":{"id":206504,"text":"When a law-enforcement officer has probable cause to believe that a person committed to the Department of Juvenile Justice as a child has run away or that a child has escaped from a jail or detention home; or","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":206505,"text":"When a law-enforcement officer has probable cause to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court, the local department of social services or a licensed child welfare agency; or","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":206506,"text":"When a law-enforcement officer has probable cause to believe that a child (i) has run away from home or (ii) is without adult supervision at such hours of the night and under such circumstances that the law-enforcement officer reasonably concludes that there is a clear and substantial danger to the child’s welfare; or","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":206507,"text":"When a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","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":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","metadata":false},{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},{"id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","metadata":false},{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},{"id":56938,"structure_id":13976,"section_number":"16.1-253.3","catch_line":"Repealed","url":"\/16.1-253.3\/","token":"16.1\/11\/4\/16.1-253.3","metadata":false},{"id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","metadata":false},{"id":65132,"structure_id":13976,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","url":"\/16.1-254\/","token":"16.1\/11\/4\/16.1-254","metadata":false},{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"next_section":{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-246\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1958, chapter 344; in 1974, chapters 585 and 671; in 1977, chapter 559; in 1978, chapters 643 and 740; in 1979, chapter 701; in 1981, chapter 487; in 1982, chapter 683; in 1985, chapter 540; in 1990, chapters 635, 642, 743, 744, and 975; in 2002, chapter 747<\/a>.<\/p>","references":[{"id":55210,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","order_by":null,"url":"\/16.1-247\/"},{"id":55045,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","order_by":null,"url":"\/16.1-247.1\/"},{"id":65132,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","order_by":null,"url":"\/16.1-254\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":56973,"section_number":"19.2-131","catch_line":"Bail for person held in jurisdiction other than that of trial","order_by":null,"url":"\/19.2-131\/"},{"id":67839,"section_number":"19.2-135","catch_line":"Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of condition","order_by":null,"url":"\/19.2-135\/"},{"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":58598,"section_number":"22.1-266","catch_line":"Law-enforcement officers and truant children","order_by":null,"url":"\/22.1-266\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"}],"refers_to":[{"id":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"id":67960,"section_number":"18.2-103","catch_line":"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts","order_by":null,"url":"\/18.2-103\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"}],"permalink":{"id":161529,"object_type":"law","relational_id":56400,"identifier":"16.1-246","token":"16.1\/11\/4\/16.1-246","url":"\/16.1-246\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","dublin_core":{"Title":"When and how child may be taken into immediate custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-246","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No child may be taken into immediate custody<\/span> except:<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> With a detention order<\/span> issued by the judge<\/span>, the intake officer<\/span> or the clerk, when authorized by the judge<\/span>, of the juvenile and domestic relations district court<\/span> in accordance with the provisions of this law<\/span> or with a warrant issued by a magistrate<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a child is alleged to be in need of services or supervision and (i) there is a clear and substantial danger to the child’s life or health or (ii) the assumption of custody<\/span> is necessary to ensure the child’s appearance<\/span> before the court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When, in the presence of the officer who makes the arrest<\/span>, a child has committed an act designated a crime<\/span> under the law<\/span> of this Commonwealth, or an ordinance<\/span> of any city, county, town or service district, or under federal law and the officer believes that such is necessary for the protection of the public interest; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> When a child has committed a misdemeanor<\/span> offense<\/span> involving (i) shoplifting<\/span> in violation of § 18.2-103<\/a>, (ii) assault<\/span> and battery<\/span> or (iii) carrying a weapon on school property in violation of § 18.2-308.1<\/a> and, although the offense<\/span> was not committed in the presence of the officer who makes the arrest<\/span>, the arrest<\/span> is based on probable cause<\/span> on reasonable complaint of a person who observed the alleged offense<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When there is probable cause<\/span> to believe that a child has committed an offense<\/span> which if committed by an adult<\/span> would be a felony<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When a law-enforcement officer has probable cause<\/span> to believe that a person committed to the Department<\/span> of Juvenile Justice as a child has run away or that a child has escaped from a jail<\/span> or detention home<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When a law-enforcement officer has probable cause<\/span> to believe a child has run away from a residential, child-caring facility or home in which he had been placed by the court<\/span>, the local department<\/span> of social services or a licensed child welfare agency<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> When a law-enforcement officer has probable cause<\/span> to believe that a child (i) has run away from home or (ii) is without adult<\/span> supervision at such hours of the night and under such circumstances that the law<\/span>-enforcement officer reasonably concludes that there is a clear and substantial danger to the child’s welfare; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> When a child is believed to be in need of inpatient treatment for mental illness as provided in § 16.1-340<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AND HOW CHILD MAY BE TAKEN INTO IMMEDIATE CUSTODY (\u00a7 16.1-246)\n\nNo child may be taken into immediate custody except:\n\nA. With a detention order issued by the judge, the intake officer or the clerk,\nwhen authorized by the judge, of the juvenile and domestic relations district\ncourt in accordance with the provisions of this law or with a warrant issued by\na magistrate; or\n\nB. When a child is alleged to be in need of services or supervision and (i)\nthere is a clear and substantial danger to the child’s life or health or\n(ii) the assumption of custody is necessary to ensure the child’s\nappearance before the court; or\n\nC. When, in the presence of the officer who makes the arrest, a child has\ncommitted an act designated a crime under the law of this Commonwealth, or an\nordinance of any city, county, town or service district, or under federal law\nand the officer believes that such is necessary for the protection of the public\ninterest; or\n\nC1. When a child has committed a misdemeanor offense involving (i) shoplifting\nin violation of § 18.2-103, (ii) assault and battery or (iii) carrying a\nweapon on school property in violation of § 18.2-308.1 and, although the\noffense was not committed in the presence of the officer who makes the arrest,\nthe arrest is based on probable cause on reasonable complaint of a person who\nobserved the alleged offense; or\n\nD. When there is probable cause to believe that a child has committed an offense\nwhich if committed by an adult would be a felony; or\n\nE. When a law-enforcement officer has probable cause to believe that a person\ncommitted to the Department of Juvenile Justice as a child has run away or that\na child has escaped from a jail or detention home; or\n\nF. When a law-enforcement officer has probable cause to believe a child has run\naway from a residential, child-caring facility or home in which he had been\nplaced by the court, the local department of social services or a licensed child\nwelfare agency; or\n\nG. When a law-enforcement officer has probable cause to believe that a child (i)\nhas run away from home or (ii) is without adult supervision at such hours of the\nnight and under such circumstances that the law-enforcement officer reasonably\nconcludes that there is a clear and substantial danger to the child’s\nwelfare; or\n\nH. When a child is believed to be in need of inpatient treatment for mental\nillness as provided in § 16.1-340.\n\nHISTORY: Code 1950, \u00a7 16.1-194; 1956, c. 555; 1958, c. 344; 1974, cc. 585, 671;\n1977, c. 559; 1978, cc. 643, 740; 1979, c. 701; 1981, c. 487; 1982, c. 683;\n1985, c. 540; 1990, cc. 635, 642, 743, 744, 975; 2002, c. 747.","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}}