{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-247.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-247.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-247.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-247.html"}],"law_id":55210,"edition_id":1,"section_id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","history":"Code 1950, \u00a7 16.1-197; 1956, c. 550; 1958, c. 344; 1973, c. 440; 1974, c. 584; 1975, c. 248; 1977, c. 559; 1978, c. 643; 1979, c. 701; 1984, c. 567; 1992, cc. 728, 830; 2004, cc. 415, 439; 2012, c. 253; 2016, c. 626.","full_text":"A\n\nA person taking a child into custody pursuant to the provisions of subsection A of § 16.1-246, during such hours as the court is open, shall, with all practicable speed, and in accordance with the provisions of this law and the orders of court pursuant thereto, bring the child to the judge or intake officer of the court and the judge, intake officer or arresting officer shall, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis.B\n\nA person taking a child into custody pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246, during such hours as the court is open, shall, with all practicable speed, and in accordance with the provisions of this law and the orders of court pursuant thereto:1\n\nRelease the child to such child’s parents, guardian, custodian or other suitable person able and willing to provide supervision and care for such child and issue oral counsel and warning as may be appropriate; or2\n\nRelease the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis upon their promise to bring the child before the court when requested; or3\n\nIf not released, bring the child to the judge or intake officer of the court and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the judge or intake officer, and the judge, intake officer or arresting officer shall give notice of the action taken orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis. Nothing herein shall prevent the child from being held for the purpose of administering a blood or breath test to determine the alcoholic content of his blood where the child has been taken into custody pursuant to § 18.2-266.C\n\nA person taking a child into custody pursuant to the provisions of subsections E and F of \u00a7 16.1-246, during such hours as the court is open, shall, with all practicable speed and in accordance with the provisions of this law and the orders of court pursuant thereto:1\n\nRelease the child to the institution, facility or home from which he ran away or escaped; or2\n\nIf not released, bring the child to the judge or intake officer of the court and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the judge or intake officer, and the judge, intake officer or arresting officer shall give notice of the action taken orally or in writing to the institution, facility or home in which the child had been placed and orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis.D\n\nA person taking a child into custody pursuant to the provisions of subsection A of \u00a7 16.1-246, during such hours as the court is not open, shall with all practicable speed and in accordance with the provisions of this law and the orders of court pursuant thereto:1\n\nRelease the child taken into custody pursuant to a warrant on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2; or2\n\nPlace the child in a detention home or in shelter care; or3\n\nPlace the child in a jail subject to the provisions of § 16.1-249.E\n\nA person taking a child into custody pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246 during such hours as the court is not open, shall:1\n\nRelease the child pursuant to the provisions of subdivision B 1 or B 2 of this section; or2\n\nRelease the child on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2; or3\n\nPlace the child taken into custody pursuant to subsection B of § 16.1-246 in shelter care after the issuance of a detention order pursuant to § 16.1-255; or4\n\nPlace the child taken into custody pursuant to subsection C or D of § 16.1-246 in shelter care or in a detention home after the issuance of a warrant by a magistrate; or5\n\nPlace the child in a jail subject to the provisions of § 16.1-249 after the issuance of a warrant by a magistrate or after the issuance of a detention order pursuant to § 16.1-255; or6\n\nIn addition to any other provisions of this subsection, detain the child for a reasonably necessary period of time in order to administer a breath or blood test to determine the alcohol content of his blood, if such child was taken into custody pursuant to § 18.2-266.F\n\nA person taking a child into custody pursuant to the provisions of subsection E of \u00a7 16.1-246, during such hours as the court is not open, shall:1\n\nRelease the child to the institution or facility from which he ran away or escaped; or2\n\nDetain the child in a detention home or in a jail subject to the provisions of § 16.1-249 after the issuance of a warrant by a magistrate or after the issuance of a detention order pursuant to § 16.1-255.G\n\nA person taking a child into custody pursuant to the provisions of subsection F of \u00a7 16.1-246, during such hours as the court is not open, shall:1\n\nRelease the child to the facility or home from which he ran away; or2\n\nDetain the child in shelter care after the issuance of a detention order pursuant to § 16.1-255 or after the issuance of a warrant by a magistrate.H\n\nIf a parent, guardian or other custodian fails, when requested, to bring the child before the court as provided in subdivisions B 2 and E 1, the court may issue a detention order directing that the child be taken into custody and be brought before the court.I\n\nA law-enforcement officer taking a child into custody pursuant to the provisions of subsection G of \u00a7 16.1-246 shall notify the intake officer of the juvenile court of the action taken. The intake officer shall determine if the child’s conduct or situation is within the jurisdiction of the court and if a petition should be filed on behalf of the child. If the intake officer determines that a petition should not be filed, the law-enforcement officer shall as soon as practicable:1\n\nReturn the child to his home;2\n\nRelease the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis;3\n\nPlace the child in shelter care for a period not longer than 24 hours after the issuance of a detention order pursuant to § 16.1-255; or4\n\nRelease the child.\n\t\t\t\tDuring the period of detention authorized by this subsection no child shall be confined in any detention home, jail or other facility for the detention of adults.J\n\nIf a child is taken into custody pursuant to the provisions of subsection B, F, or G of § 16.1-246 by a law-enforcement officer during such hours as the court is not in session and the child is not released or transferred to a facility or institution in accordance with subsection E, G, or I of this section, the child shall be held in custody only so long as is reasonably necessary to complete identification, investigation and processing. The child shall be held under visual supervision in a nonlocked, multipurpose area which is not designated for residential use. The child shall not be handcuffed or otherwise secured to a stationary object.K\n\nWhen an adult is taken into custody pursuant to a warrant, detention order, or capias alleging a delinquent act committed when he was a juvenile, he may be released on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2. An intake officer shall have the authority to issue a capias for an adult under the age of 21 who is alleged to have committed, before attaining the age of 18, an offense that would be a crime if committed by an adult.","order_by":null,"text":{"0":{"id":202414,"text":"A person taking a child into custody pursuant to the provisions of subsection A of § 16.1-246, during such hours as the court is open, shall, with all practicable speed, and in accordance with the provisions of this law and the orders of court pursuant thereto, bring the child to the judge or intake officer of the court and the judge, intake officer or arresting officer shall, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202415,"text":"A person taking a child into custody pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246, during such hours as the court is open, shall, with all practicable speed, and in accordance with the provisions of this law and the orders of court pursuant thereto:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":202416,"text":"Release the child to such child’s parents, guardian, custodian or other suitable person able and willing to provide supervision and care for such child and issue oral counsel and warning as may be appropriate; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":202417,"text":"Release the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis upon their promise to bring the child before the court when requested; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":202418,"text":"If not released, bring the child to the judge or intake officer of the court and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the judge or intake officer, and the judge, intake officer or arresting officer shall give notice of the action taken orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis. Nothing herein shall prevent the child from being held for the purpose of administering a blood or breath test to determine the alcoholic content of his blood where the child has been taken into custody pursuant to § 18.2-266.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":202419,"text":"A person taking a child into custody pursuant to the provisions of subsections E and F of \u00a7 16.1-246, during such hours as the court is open, shall, with all practicable speed and in accordance with the provisions of this law and the orders of court pursuant thereto:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":202420,"text":"Release the child to the institution, facility or home from which he ran away or escaped; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":202421,"text":"If not released, bring the child to the judge or intake officer of the court and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the judge or intake officer, and the judge, intake officer or arresting officer shall give notice of the action taken orally or in writing to the institution, facility or home in which the child had been placed and orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"8":{"id":202422,"text":"A person taking a child into custody pursuant to the provisions of subsection A of \u00a7 16.1-246, during such hours as the court is not open, shall with all practicable speed and in accordance with the provisions of this law and the orders of court pursuant thereto:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"9":{"id":202423,"text":"Release the child taken into custody pursuant to a warrant on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"10":{"id":202424,"text":"Place the child in a detention home or in shelter care; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"11":{"id":202425,"text":"Place the child in a jail subject to the provisions of § 16.1-249.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"12":{"id":202426,"text":"A person taking a child into custody pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246 during such hours as the court is not open, shall:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E1"},"13":{"id":202427,"text":"Release the child pursuant to the provisions of subdivision B 1 or B 2 of this section; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"14":{"id":202428,"text":"Release the child on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2; or","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"15":{"id":202429,"text":"Place the child taken into custody pursuant to subsection B of § 16.1-246 in shelter care after the issuance of a detention order pursuant to § 16.1-255; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"16":{"id":202430,"text":"Place the child taken into custody pursuant to subsection C or D of § 16.1-246 in shelter care or in a detention home after the issuance of a warrant by a magistrate; or","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"17":{"id":202431,"text":"Place the child in a jail subject to the provisions of § 16.1-249 after the issuance of a warrant by a magistrate or after the issuance of a detention order pursuant to § 16.1-255; or","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"18":{"id":202432,"text":"In addition to any other provisions of this subsection, detain the child for a reasonably necessary period of time in order to administer a breath or blood test to determine the alcohol content of his blood, if such child was taken into custody pursuant to § 18.2-266.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"F"},"19":{"id":202433,"text":"A person taking a child into custody pursuant to the provisions of subsection E of \u00a7 16.1-246, during such hours as the court is not open, shall:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E6","next_prefix":"F1"},"20":{"id":202434,"text":"Release the child to the institution or facility from which he ran away or escaped; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"21":{"id":202435,"text":"Detain the child in a detention home or in a jail subject to the provisions of § 16.1-249 after the issuance of a warrant by a magistrate or after the issuance of a detention order pursuant to § 16.1-255.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"22":{"id":202436,"text":"A person taking a child into custody pursuant to the provisions of subsection F of \u00a7 16.1-246, during such hours as the court is not open, shall:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"G1"},"23":{"id":202437,"text":"Release the child to the facility or home from which he ran away; or","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"24":{"id":202438,"text":"Detain the child in shelter care after the issuance of a detention order pursuant to § 16.1-255 or after the issuance of a warrant by a magistrate.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"25":{"id":202439,"text":"If a parent, guardian or other custodian fails, when requested, to bring the child before the court as provided in subdivisions B 2 and E 1, the court may issue a detention order directing that the child be taken into custody and be brought before the court.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"26":{"id":202440,"text":"A law-enforcement officer taking a child into custody pursuant to the provisions of subsection G of \u00a7 16.1-246 shall notify the intake officer of the juvenile court of the action taken. The intake officer shall determine if the child’s conduct or situation is within the jurisdiction of the court and if a petition should be filed on behalf of the child. If the intake officer determines that a petition should not be filed, the law-enforcement officer shall as soon as practicable:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"27":{"id":202441,"text":"Return the child to his home;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"28":{"id":202442,"text":"Release the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis;","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"29":{"id":202443,"text":"Place the child in shelter care for a period not longer than 24 hours after the issuance of a detention order pursuant to § 16.1-255; or","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"I4"},"30":{"id":202444,"text":"Release the child.\n\t\t\t\tDuring the period of detention authorized by this subsection no child shall be confined in any detention home, jail or other facility for the detention of adults.","type":"section","prefixes":["I","4"],"prefix":"4","entire_prefix":"I4","prefix_anchor":"I4","level":2,"prior_prefix":"I3","next_prefix":"J"},"31":{"id":202445,"text":"If a child is taken into custody pursuant to the provisions of subsection B, F, or G of § 16.1-246 by a law-enforcement officer during such hours as the court is not in session and the child is not released or transferred to a facility or institution in accordance with subsection E, G, or I of this section, the child shall be held in custody only so long as is reasonably necessary to complete identification, investigation and processing. The child shall be held under visual supervision in a nonlocked, multipurpose area which is not designated for residential use. The child shall not be handcuffed or otherwise secured to a stationary object.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I4","next_prefix":"K"},"32":{"id":202446,"text":"When an adult is taken into custody pursuant to a warrant, detention order, or capias alleging a delinquent act committed when he was a juvenile, he may be released on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2. An intake officer shall have the authority to issue a capias for an adult under the age of 21 who is alleged to have committed, before attaining the age of 18, an offense that would be a crime if committed by an adult.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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; 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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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-247\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 550; in 1958, chapter 344; in 1973, chapter 440; in 1974, chapter 584; in 1975, chapter 248; in 1977, chapter 559; in 1978, chapter 643; in 1979, chapter 701; in 1984, chapter 567; in 1992, chapters 728 and 830; in 2004, chapters 415<\/a> and 439<\/a>; in 2012, chapter 253<\/a>; in 2016, chapter 626<\/a>.<\/p>","references":[{"id":69416,"section_number":"16.1-245","catch_line":"Transfer from other courts","order_by":null,"url":"\/16.1-245\/"},{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":76378,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","order_by":null,"url":"\/16.1-250\/"},{"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":58592,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","order_by":null,"url":"\/19.2-123\/"}],"refers_to":[{"id":56400,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","order_by":null,"url":"\/16.1-246\/"},{"id":56829,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","order_by":null,"url":"\/16.1-249\/"},{"id":82466,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","order_by":null,"url":"\/16.1-255\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"}],"permalink":{"id":161533,"object_type":"law","relational_id":55210,"identifier":"16.1-247","token":"16.1\/11\/4\/16.1-247","url":"\/16.1-247\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","dublin_core":{"Title":"Duties of person taking child into custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-247","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection A of § 16.1-246<\/a>, during such hours as the court<\/span> is open, shall, with all practicable speed, and in accordance with the provisions of this law<\/span> and the orders<\/span> of court pursuant thereto, bring the child to the judge<\/span> or intake officer<\/span> of the court<\/span> and the judge<\/span>, intake officer<\/span> or arresting officer shall, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody<\/span>, orally or in writing to 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

B.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246<\/a>, during such hours as the court<\/span> is open, shall, with all practicable speed, and in accordance with the provisions of this law<\/span> and the orders<\/span> of court pursuant thereto: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child to such child’s parents, guardian, custodian or other suitable person able and willing to provide supervision and care for such child and issue<\/span> oral counsel<\/span> and warning as may be appropriate; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Release the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis upon their promise to bring the child before the court<\/span> when requested; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If not released, bring the child to the judge<\/span> or intake officer<\/span> of the court<\/span> and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody<\/span>, in writing to the judge<\/span> or intake officer<\/span>, and the judge<\/span>, intake officer<\/span> or arresting officer shall give notice of the action taken orally or in writing to the child’s parent, guardian, legal custodian or other person standing in loco parentis. Nothing herein shall prevent the child from being held for the purpose of administering a blood or breath test to determine the alcoholic content of his blood where the child has been taken into custody<\/span> pursuant to § 18.2-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsections E and F of \u00a7 16.1-246<\/a>, during such hours as the court<\/span> is open, shall, with all practicable speed and in accordance with the provisions of this law<\/span> and the orders<\/span> of court pursuant thereto: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child to the institution, facility or home from which he ran away or escaped; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If not released, bring the child to the judge<\/span> or intake officer<\/span> of the court<\/span> and, in the most expeditious manner practicable, give notice of the action taken, together with a statement of the reasons for taking the child into custody<\/span>, in writing to the judge<\/span> or intake officer<\/span>, and the judge<\/span>, intake officer<\/span> or arresting officer shall give notice of the action taken orally or in writing to the institution, facility or home in which the child had been placed and orally or in writing to 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

D.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection A of \u00a7 16.1-246<\/a>, during such hours as the court<\/span> is not open, shall with all practicable speed and in accordance with the provisions of this law<\/span> and the orders<\/span> of court pursuant thereto: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child taken into custody<\/span> pursuant to a warrant on bail<\/span> or recognizance<\/span> pursuant to Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Place the child in a detention home<\/span> or in shelter care<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Place the child in a jail<\/span> subject to the provisions of § 16.1-249<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection B, C, or D of \u00a7 16.1-246<\/a> during such hours as the court<\/span> is not open, shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child pursuant to the provisions of subdivision B 1 or B 2 of this section; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Release the child on bail<\/span> or recognizance<\/span> pursuant to Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Place the child taken into custody<\/span> pursuant to subsection B of § 16.1-246<\/a> in shelter care<\/span> after the issuance of a detention order<\/span> pursuant to § 16.1-255<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Place the child taken into custody<\/span> pursuant to subsection C or D of § 16.1-246<\/a> in shelter care<\/span> or in a detention home<\/span> after the issuance of a warrant by a magistrate<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Place the child in a jail<\/span> subject to the provisions of § 16.1-249<\/a> after the issuance of a warrant by a magistrate<\/span> or after the issuance of a detention order<\/span> pursuant to § 16.1-255<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In addition to any other provisions of this subsection, detain<\/span> the child for a reasonably necessary period of time in order<\/span> to administer a breath or blood test to determine the alcohol content of his blood, if such child was taken into custody<\/span> pursuant to § 18.2-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection E of \u00a7 16.1-246<\/a>, during such hours as the court<\/span> is not open, shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child to the institution or facility from which he ran away or escaped; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Detain<\/span> the child in a detention home<\/span> or in a jail<\/span> subject to the provisions of § 16.1-249<\/a> after the issuance of a warrant by a magistrate<\/span> or after the issuance of a detention order<\/span> pursuant to § 16.1-255<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A person taking a child into custody<\/span> pursuant to the provisions of subsection F of \u00a7 16.1-246<\/a>, during such hours as the court<\/span> is not open, shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Release the child to the facility or home from which he ran away; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Detain<\/span> the child in shelter care<\/span> after the issuance of a detention order<\/span> pursuant to § 16.1-255<\/a> or after the issuance of a warrant by a magistrate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If a parent, guardian or other custodian fails, when requested, to bring the child before the court<\/span> as provided in subdivisions B 2 and E 1, the court<\/span> may issue<\/span> a detention order<\/span> directing that the child be taken into custody<\/span> and be brought before the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A law-enforcement officer taking a child into custody<\/span> pursuant to the provisions of subsection G of \u00a7 16.1-246<\/a> shall notify the intake officer<\/span> of the juvenile court<\/span> of the action taken. The intake officer<\/span> shall determine if the child’s conduct or situation is within the jurisdiction<\/span> of the court<\/span> and if a petition<\/span> should be filed on behalf of the child. If the intake officer<\/span> determines that a petition<\/span> should not be filed, the law<\/span>-enforcement officer shall as soon as practicable: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Return the child to his home; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Release the child to such child’s parents, guardian, legal custodian or other person standing in loco parentis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Place the child in shelter care<\/span> for a period not longer than 24 hours after the issuance of a detention order<\/span> pursuant to § 16.1-255<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Release the child.\n\t\t\t\tDuring the period of detention authorized by this subsection no child shall be confined in any detention home<\/span>, jail<\/span> or other facility for the detention of adults<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If a child is taken into custody<\/span> pursuant to the provisions of subsection B, F, or G of § 16.1-246<\/a> by a law-enforcement officer during such hours as the court<\/span> is not in session and the child is not released or transferred to a facility or institution in accordance with subsection E, G, or I of this section, the child shall be held in custody<\/span> only so long as is reasonably necessary to complete identification, investigation and processing. The child shall be held under visual supervision in a nonlocked, multipurpose area which is not designated for residential use. The child shall not be handcuffed or otherwise secured to a stationary object<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> When an adult<\/span> is taken into custody<\/span> pursuant to a warrant, detention order<\/span>, or capias<\/span> alleging a delinquent act<\/span> committed when he was a juvenile, he may be released on bail<\/span> or recognizance<\/span> pursuant to Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2. An intake officer<\/span> shall have the authority to issue<\/span> a capias<\/span> for an adult<\/span> under the age of 21 who is alleged to have committed, before attaining the age of 18, an offense<\/span> that would be a crime<\/span> if committed by an adult<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF PERSON TAKING CHILD INTO CUSTODY (\u00a7 16.1-247)\n\nA. A person taking a child into custody pursuant to the provisions of subsection\nA of § 16.1-246, during such hours as the court is open, shall, with all\npracticable speed, and in accordance with the provisions of this law and the\norders of court pursuant thereto, bring the child to the judge or intake officer\nof the court and the judge, intake officer or arresting officer shall, in the\nmost expeditious manner practicable, give notice of the action taken, together\nwith a statement of the reasons for taking the child into custody, orally or in\nwriting to the child’s parent, guardian, legal custodian or other person\nstanding in loco parentis.\n\nB. A person taking a child into custody pursuant to the provisions of subsection\nB, C, or D of \u00a7 16.1-246, during such hours as the court is open, shall, with\nall practicable speed, and in accordance with the provisions of this law and the\norders of court pursuant thereto:\n\n 1. Release the child to such child’s parents, guardian, custodian or\n other suitable person able and willing to provide supervision and care for\n such child and issue oral counsel and warning as may be appropriate; or\n\n 2. Release the child to such child’s parents, guardian, legal custodian\n or other person standing in loco parentis upon their promise to bring the\n child before the court when requested; or\n\n 3. If not released, bring the child to the judge or intake officer of the\n court and, in the most expeditious manner practicable, give notice of the\n action taken, together with a statement of the reasons for taking the child\n into custody, in writing to the judge or intake officer, and the judge, intake\n officer or arresting officer shall give notice of the action taken orally or\n in writing to the child’s parent, guardian, legal custodian or other\n person standing in loco parentis. Nothing herein shall prevent the child from\n being held for the purpose of administering a blood or breath test to\n determine the alcoholic content of his blood where the child has been taken\n into custody pursuant to § 18.2-266.\n\nC. A person taking a child into custody pursuant to the provisions of\nsubsections E and F of \u00a7 16.1-246, during such hours as the court is open,\nshall, with all practicable speed and in accordance with the provisions of this\nlaw and the orders of court pursuant thereto:\n\n 1. Release the child to the institution, facility or home from which he ran\n away or escaped; or\n\n 2. If not released, bring the child to the judge or intake officer of the\n court and, in the most expeditious manner practicable, give notice of the\n action taken, together with a statement of the reasons for taking the child\n into custody, in writing to the judge or intake officer, and the judge, intake\n officer or arresting officer shall give notice of the action taken orally or\n in writing to the institution, facility or home in which the child had been\n placed and orally or in writing to the child’s parent, guardian, legal\n custodian or other person standing in loco parentis.\n\nD. A person taking a child into custody pursuant to the provisions of subsection\nA of \u00a7 16.1-246, during such hours as the court is not open, shall with all\npracticable speed and in accordance with the provisions of this law and the\norders of court pursuant thereto:\n\n 1. Release the child taken into custody pursuant to a warrant on bail or\n recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2; or\n\n 2. Place the child in a detention home or in shelter care; or\n\n 3. Place the child in a jail subject to the provisions of § 16.1-249.\n\nE. A person taking a child into custody pursuant to the provisions of subsection\nB, C, or D of \u00a7 16.1-246 during such hours as the court is not open, shall:\n\n 1. Release the child pursuant to the provisions of subdivision B 1 or B 2 of\n this section; or\n\n 2. Release the child on bail or recognizance pursuant to Chapter 9 (§\n 19.2-119 et seq.) of Title 19.2; or\n\n 3. Place the child taken into custody pursuant to subsection B of §\n 16.1-246 in shelter care after the issuance of a detention order pursuant to\n § 16.1-255; or\n\n 4. Place the child taken into custody pursuant to subsection C or D of §\n 16.1-246 in shelter care or in a detention home after the issuance of a\n warrant by a magistrate; or\n\n 5. Place the child in a jail subject to the provisions of § 16.1-249\n after the issuance of a warrant by a magistrate or after the issuance of a\n detention order pursuant to § 16.1-255; or\n\n 6. In addition to any other provisions of this subsection, detain the child\n for a reasonably necessary period of time in order to administer a breath or\n blood test to determine the alcohol content of his blood, if such child was\n taken into custody pursuant to § 18.2-266.\n\nF. A person taking a child into custody pursuant to the provisions of subsection\nE of \u00a7 16.1-246, during such hours as the court is not open, shall:\n\n 1. Release the child to the institution or facility from which he ran away or\n escaped; or\n\n 2. Detain the child in a detention home or in a jail subject to the provisions\n of § 16.1-249 after the issuance of a warrant by a magistrate or after\n the issuance of a detention order pursuant to § 16.1-255.\n\nG. A person taking a child into custody pursuant to the provisions of subsection\nF of \u00a7 16.1-246, during such hours as the court is not open, shall:\n\n 1. Release the child to the facility or home from which he ran away; or\n\n 2. Detain the child in shelter care after the issuance of a detention order\n pursuant to § 16.1-255 or after the issuance of a warrant by a\n magistrate.\n\nH. If a parent, guardian or other custodian fails, when requested, to bring the\nchild before the court as provided in subdivisions B 2 and E 1, the court may\nissue a detention order directing that the child be taken into custody and be\nbrought before the court.\n\nI. A law-enforcement officer taking a child into custody pursuant to the\nprovisions of subsection G of \u00a7 16.1-246 shall notify the intake officer of the\njuvenile court of the action taken. The intake officer shall determine if the\nchild’s conduct or situation is within the jurisdiction of the court and\nif a petition should be filed on behalf of the child. If the intake officer\ndetermines that a petition should not be filed, the law-enforcement officer\nshall as soon as practicable:\n\n 1. Return the child to his home;\n\n 2. Release the child to such child’s parents, guardian, legal custodian\n or other person standing in loco parentis;\n\n 3. Place the child in shelter care for a period not longer than 24 hours after\n the issuance of a detention order pursuant to § 16.1-255; or\n\n 4. Release the child.\n \t\t\t\tDuring the period of detention authorized by this subsection no child\n shall be confined in any detention home, jail or other facility for the\n detention of adults.\n\nJ. If a child is taken into custody pursuant to the provisions of subsection B,\nF, or G of § 16.1-246 by a law-enforcement officer during such hours as the\ncourt is not in session and the child is not released or transferred to a\nfacility or institution in accordance with subsection E, G, or I of this\nsection, the child shall be held in custody only so long as is reasonably\nnecessary to complete identification, investigation and processing. The child\nshall be held under visual supervision in a nonlocked, multipurpose area which\nis not designated for residential use. The child shall not be handcuffed or\notherwise secured to a stationary object.\n\nK. When an adult is taken into custody pursuant to a warrant, detention order,\nor capias alleging a delinquent act committed when he was a juvenile, he may be\nreleased on bail or recognizance pursuant to Chapter 9 (§ 19.2-119 et seq.)\nof Title 19.2. An intake officer shall have the authority to issue a capias for\nan adult under the age of 21 who is alleged to have committed, before attaining\nthe age of 18, an offense that would be a crime if committed by an adult.\n\nHISTORY: Code 1950, \u00a7 16.1-197; 1956, c. 550; 1958, c. 344; 1973, c. 440; 1974,\nc. 584; 1975, c. 248; 1977, c. 559; 1978, c. 643; 1979, c. 701; 1984, c. 567;\n1992, cc. 728, 830; 2004, cc. 415, 439; 2012, c. 253; 2016, c. 626.","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}}