{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-248.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-248.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-248.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-248.1.html"}],"law_id":66525,"edition_id":1,"section_id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","history":"1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632; 1989, c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837; 2002, cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683; 2011, c. 644; 2021, Sp. Sess. I, c. 115.","full_text":"A\n\nA juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to \u00a7 16.1-247 shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such juvenile’s parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such juvenile, either on bail or recognizance pursuant to Chapter 9 (\u00a7 19.2-119 et seq.) of Title 19.2 or under such conditions as may be imposed or otherwise. However, at any time prior to an order of final disposition, a juvenile may be detained in a secure facility, pursuant to a detention order or warrant, only upon a finding by the judge, intake officer, or magistrate, that there is probable cause to believe that the juvenile committed the act alleged, and that at least one of the following conditions is met:1\n\nThe juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult; (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult; or (c) violated any of the provisions of § 18.2-308.7, and there is clear and convincing evidence that:\n\t\t\t\ta. Considering the seriousness of the current offense or offenses and other pending charges, the seriousness of prior adjudicated offenses, the legal status of the juvenile and any aggravating and mitigating circumstances, the liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;\n\t\t\t\tb. The liberty of the juvenile would present a clear and substantial threat of serious harm to such juvenile’s life or health; or\n\t\t\t\tc. The juvenile has threatened to abscond from the court’s jurisdiction during the pendency of the instant proceedings or has a record of willful failure to appear at a court hearing within the immediately preceding 12 months.2\n\nThe juvenile has absconded from a detention home or facility where he has been directed to remain by the lawful order of a judge or intake officer.3\n\nThe juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.4\n\nThe juvenile has failed to appear in court after having been duly served with a summons in any case in which it is alleged that the juvenile has committed a delinquent act or that the child is in need of services or is in need of supervision; however, a child alleged to be in need of services or in need of supervision may be detained for good cause pursuant to this subsection only until the next day upon which the court sits within the county or city in which the charge against the child is pending, and under no circumstances longer than 72 hours from the time he was taken into custody. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.5\n\nThe juvenile failed to adhere to the conditions imposed upon him by the court, intake officer or magistrate following his release upon a Class 1 misdemeanor charge or a felony charge.\n\t\t\t\tHowever, no juvenile younger than 11 years of age shall be placed in secure detention unless such juvenile is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1.\n\t\t\t\tWhen a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.B\n\nAny juvenile not meeting the criteria for placement in a secure facility shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge, intake officer or magistrate may impose. However, a juvenile may be placed in shelter care if:1\n\nThe juvenile is eligible for placement in a secure facility;2\n\nThe juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;3\n\nThe juvenile’s parent, guardian or other person able to provide supervision cannot be reached within a reasonable time;4\n\nThe juvenile does not consent to return home;5\n\nNeither the juvenile’s parent or guardian nor any other person able to provide proper supervision can arrive to assume custody within a reasonable time; or6\n\nThe juvenile’s parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time.C\n\nWhen a juvenile is detained in a secure facility, the juvenile’s probation officer may review such placement for the purpose of seeking a less restrictive alternative to confinement in that secure facility.D\n\nThe criteria for continuing the juvenile in detention or shelter care as set forth in this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending court disposition. Such criteria shall be supported by clear and convincing evidence in support of the decision not to release the juvenile.E\n\nNothing in this section shall be construed to deprive the court of its power to punish a juvenile summarily for contempt for acts set forth in § 18.2-456, other than acts of disobedience of the court’s dispositional order which are committed outside the presence of the court.F\n\nA detention order may be issued pursuant to subdivision A 2 by the committing court or by the court in the jurisdiction from which the juvenile fled or where he was taken into custody.G\n\nThe court is authorized to detain a juvenile based upon the criteria set forth in subsection A at any time after a delinquency petition has been filed, both prior to adjudication and after adjudication pending final disposition subject to the time limitations set forth in § 16.1-277.1.H\n\nIf the intake officer or magistrate releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, no motion to revoke bail, or change such conditions may be made unless (i) the juvenile has violated a term or condition of his release, or is convicted of or taken into custody for an additional offense, or (ii) the attorney for the Commonwealth presents evidence that incorrect or incomplete information regarding the factors in subsection A was relied upon by the intake officer or magistrate establishing the initial terms of release. If the juvenile court releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, over the objection of the attorney for the Commonwealth, the attorney for the Commonwealth may appeal such decision to the circuit court. The order of the juvenile court releasing the juvenile shall remain in effect until the circuit court, Court of Appeals or Supreme Court rules otherwise.","order_by":null,"text":{"0":{"id":241433,"text":"A juvenile taken into custody whose case is considered by a judge, intake officer or magistrate pursuant to \u00a7 16.1-247 shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such juvenile’s parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such juvenile, either on bail or recognizance pursuant to Chapter 9 (\u00a7 19.2-119 et seq.) of Title 19.2 or under such conditions as may be imposed or otherwise. However, at any time prior to an order of final disposition, a juvenile may be detained in a secure facility, pursuant to a detention order or warrant, only upon a finding by the judge, intake officer, or magistrate, that there is probable cause to believe that the juvenile committed the act alleged, and that at least one of the following conditions is met:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":241434,"text":"The juvenile is alleged to have (a) violated the terms of his probation or parole when the charge for which he was placed on probation or parole would have been a felony or Class 1 misdemeanor if committed by an adult; (b) committed an act that would be a felony or Class 1 misdemeanor if committed by an adult; or (c) violated any of the provisions of § 18.2-308.7, and there is clear and convincing evidence that:\n\t\t\t\ta. Considering the seriousness of the current offense or offenses and other pending charges, the seriousness of prior adjudicated offenses, the legal status of the juvenile and any aggravating and mitigating circumstances, the liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;\n\t\t\t\tb. The liberty of the juvenile would present a clear and substantial threat of serious harm to such juvenile’s life or health; or\n\t\t\t\tc. The juvenile has threatened to abscond from the court’s jurisdiction during the pendency of the instant proceedings or has a record of willful failure to appear at a court hearing within the immediately preceding 12 months.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":241435,"text":"The juvenile has absconded from a detention home or facility where he has been directed to remain by the lawful order of a judge or intake officer.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":241436,"text":"The juvenile is a fugitive from a jurisdiction outside the Commonwealth and subject to a verified petition or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323 while arrangements are made to return the juvenile to the lawful custody of a parent, guardian or other authority in another state.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":241437,"text":"The juvenile has failed to appear in court after having been duly served with a summons in any case in which it is alleged that the juvenile has committed a delinquent act or that the child is in need of services or is in need of supervision; however, a child alleged to be in need of services or in need of supervision may be detained for good cause pursuant to this subsection only until the next day upon which the court sits within the county or city in which the charge against the child is pending, and under no circumstances longer than 72 hours from the time he was taken into custody. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":241438,"text":"The juvenile failed to adhere to the conditions imposed upon him by the court, intake officer or magistrate following his release upon a Class 1 misdemeanor charge or a felony charge.\n\t\t\t\tHowever, no juvenile younger than 11 years of age shall be placed in secure detention unless such juvenile is alleged to have committed one or more of the delinquent acts enumerated in subsection B or C of § 16.1-269.1.\n\t\t\t\tWhen a juvenile is placed in secure detention, the detention order shall state the offense for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":241439,"text":"Any juvenile not meeting the criteria for placement in a secure facility shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge, intake officer or magistrate may impose. However, a juvenile may be placed in shelter care if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":241440,"text":"The juvenile is eligible for placement in a secure facility;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":241441,"text":"The juvenile has failed to adhere to the directions of the court, intake officer or magistrate while on conditional release;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":241442,"text":"The juvenile’s parent, guardian or other person able to provide supervision cannot be reached within a reasonable time;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"10":{"id":241443,"text":"The juvenile does not consent to return home;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"11":{"id":241444,"text":"Neither the juvenile’s parent or guardian nor any other person able to provide proper supervision can arrive to assume custody within a reasonable time; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"12":{"id":241445,"text":"The juvenile’s parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"13":{"id":241446,"text":"When a juvenile is detained in a secure facility, the juvenile’s probation officer may review such placement for the purpose of seeking a less restrictive alternative to confinement in that secure facility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"14":{"id":241447,"text":"The criteria for continuing the juvenile in detention or shelter care as set forth in this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending court disposition. Such criteria shall be supported by clear and convincing evidence in support of the decision not to release the juvenile.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":241448,"text":"Nothing in this section shall be construed to deprive the court of its power to punish a juvenile summarily for contempt for acts set forth in § 18.2-456, other than acts of disobedience of the court’s dispositional order which are committed outside the presence of the court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":241449,"text":"A detention order may be issued pursuant to subdivision A 2 by the committing court or by the court in the jurisdiction from which the juvenile fled or where he was taken into custody.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"17":{"id":241450,"text":"The court is authorized to detain a juvenile based upon the criteria set forth in subsection A at any time after a delinquency petition has been filed, both prior to adjudication and after adjudication pending final disposition subject to the time limitations set forth in § 16.1-277.1.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"18":{"id":241451,"text":"If the intake officer or magistrate releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, no motion to revoke bail, or change such conditions may be made unless (i) the juvenile has violated a term or condition of his release, or is convicted of or taken into custody for an additional offense, or (ii) the attorney for the Commonwealth presents evidence that incorrect or incomplete information regarding the factors in subsection A was relied upon by the intake officer or magistrate establishing the initial terms of release. If the juvenile court releases the juvenile, either on bail or recognizance or under such conditions as may be imposed, over the objection of the attorney for the Commonwealth, the attorney for the Commonwealth may appeal such decision to the circuit court. The order of the juvenile court releasing the juvenile shall remain in effect until the circuit court, Court of Appeals or Supreme Court rules otherwise.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-248.1\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 15 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 1979, chapter 701; in 1985, chapter 260; in 1986, chapter 517; in 1987, chapter 632; in 1989, chapter 725; in 1990, chapter 257; in 1996, chapters 755<\/a> and 914<\/a>; in 2000, chapter 836<\/a>; in 2001, chapter 837<\/a>; in 2002, chapters 55<\/a> and 359<\/a>; in 2003, chapters 104<\/a> and 851<\/a>; in 2004, chapter 374<\/a>; in 2005, chapter 647<\/a>; in 2010, chapter 683<\/a>; in 2011, chapter 644<\/a>.<\/p>","references":[{"id":85303,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","order_by":null,"url":"\/16.1-248.2\/"},{"id":77469,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","order_by":null,"url":"\/16.1-248.3\/"},{"id":56829,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","order_by":null,"url":"\/16.1-249\/"},{"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":80695,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","order_by":null,"url":"\/16.1-256\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":68101,"section_number":"66-13","catch_line":"Authority of Department as to juveniles committed to it; establishment of facilities; arrangements for temporary care","order_by":null,"url":"\/66-13\/"}],"refers_to":[{"id":55210,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","order_by":null,"url":"\/16.1-247\/"},{"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":84962,"section_number":"16.1-323","catch_line":"Governor to execute; form of compact","order_by":null,"url":"\/16.1-323\/"},{"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":70926,"section_number":"18.2-456","catch_line":"Cases in which courts and judges may punish summarily for contempt","order_by":null,"url":"\/18.2-456\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"}],"permalink":{"id":161545,"object_type":"law","relational_id":66525,"identifier":"16.1-248.1","token":"16.1\/11\/4\/16.1-248.1","url":"\/16.1-248.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","dublin_core":{"Title":"Criteria for detention or shelter care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-248.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A juvenile taken into custody<\/span> whose case is considered by a judge, intake officer<\/span> or magistrate<\/span> pursuant to \u00a7 16.1-247<\/a> shall immediately be released, upon the ascertainment of the necessary facts<\/span>, to the care, custody<\/span> and control of such juvenile’s parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such juvenile, either on bail<\/span> or recognizance<\/span> pursuant to Chapter 9 (\u00a7 19.2-119<\/a> et seq.) of Title 19.2 or under such conditions as may be imposed or otherwise. However, at any time prior to an order<\/span> of final disposition<\/span>, a juvenile may be detained in a secure facility<\/span>, pursuant to a detention order<\/span> or warrant, only upon a finding<\/span> by the judge<\/span>, intake officer<\/span>, or magistrate<\/span>, that there is probable cause<\/span> to believe that the juvenile committed the act alleged, and that at least one of the following conditions is met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The juvenile is alleged to have (a) violated the terms of his probation<\/span> or parole<\/span> when the charge for which he was placed on probation<\/span> or parole<\/span> would have been a felony<\/span> or Class 1 misdemeanor<\/span> if committed by an adult<\/span>; (b) committed an act that would be a felony<\/span> or Class 1 misdemeanor<\/span> if committed by an adult<\/span>; or (c) violated any of the provisions of § 18.2-308.7<\/a>, and there is clear and convincing evidence<\/span> that:\n\t\t\t\ta. Considering the seriousness of the current offense<\/span> or offenses<\/span> and other pending charges, the seriousness of prior adjudicated offenses<\/span>, the legal status of the juvenile and any aggravating and mitigating circumstances<\/span>, the liberty of the juvenile, constitutes a clear and substantial threat to the person or property of others;\n\t\t\t\tb. The liberty of the juvenile would present a clear and substantial threat of serious harm to such juvenile’s life or health; or\n\t\t\t\tc. The juvenile has threatened to abscond<\/span> from the court<\/span>’s jurisdiction<\/span> during the pendency of the instant proceedings or has a record of willful failure to appear at a court hearing<\/span> within the immediately preceding 12 months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The juvenile has absconded from a detention home<\/span> or facility where he has been directed to remain by the lawful order<\/span> of a judge or intake officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The juvenile is a fugitive from a jurisdiction<\/span> outside the Commonwealth and subject to a verified petition<\/span> or warrant, in which case such juvenile may be detained for a period not to exceed that provided for in § 16.1-323<\/a> while arrangements are made to return the juvenile to the lawful custody<\/span> of a parent, guardian or other authority in another state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The juvenile has failed to appear in court after having been duly served with a summons<\/span> in any case in which it is alleged that the juvenile has committed a delinquent act<\/span> or that the child is in need of services or is in need of supervision; however, a child alleged to be in need of services or in need of supervision may be detained for good cause pursuant to this subsection only until the next day upon which the court<\/span> sits within the county or city in which the charge against the child is pending, and under no circumstances longer than 72 hours from the time he was taken into custody<\/span>. If the 72-hour period expires on a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The juvenile failed to adhere to the conditions imposed upon him by the court<\/span>, intake officer<\/span> or magistrate<\/span> following his release upon a Class 1 misdemeanor<\/span> charge or a felony<\/span> charge.\n\t\t\t\tHowever, no juvenile younger than 11 years of age shall be placed in secure detention unless such juvenile is alleged to have committed one or more of the delinquent acts<\/span> enumerated in subsection B or C of § 16.1-269.1<\/a>.\n\t\t\t\tWhen a juvenile is placed in secure detention, the detention order<\/span> shall state the offense<\/span> for which the juvenile is being detained, and, to the extent practicable, other pending and previous charges. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any juvenile not meeting the criteria for placement in a secure facility<\/span> shall be released to a parent, guardian or other person willing and able to provide supervision and care under such conditions as the judge<\/span>, intake officer<\/span> or magistrate<\/span> may impose. However, a juvenile may be placed in shelter care<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The juvenile is eligible for placement in a secure facility<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The juvenile has failed to adhere to the directions of the court<\/span>, intake officer<\/span> or magistrate<\/span> while on conditional release; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The juvenile’s parent, guardian or other person able to provide supervision cannot be reached within a reasonable time; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The juvenile does not consent to return home; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Neither the juvenile’s parent or guardian nor any other person able to provide proper supervision can arrive to assume custody<\/span> within a reasonable time; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The juvenile’s parent or guardian refuses to permit the juvenile to return home and no relative or other person willing and able to provide proper supervision and care can be located within a reasonable time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a juvenile is detained in a secure facility<\/span>, the juvenile’s probation officer<\/span> may review such placement for the purpose of seeking a less restrictive alternative to confinement in that secure facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The criteria for continuing the juvenile in detention or shelter care<\/span> as set forth in this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care<\/span> is warranted pending court disposition<\/span>. Such criteria shall be supported by clear and convincing evidence<\/span> in support of the decision not to release the juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to deprive the court<\/span> of its power to punish a juvenile summarily for contempt<\/span> for acts set forth in § 18.2-456<\/a>, other than acts of disobedience of the court<\/span>’s dispositional order<\/span> which are committed outside the presence of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A detention order<\/span> may be issued pursuant to subdivision A 2 by the committing court or by the court<\/span> in the jurisdiction<\/span> from which the juvenile fled or where he was taken into custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The court<\/span> is authorized to detain<\/span> a juvenile based upon the criteria set forth in subsection A at any time after a delinquency petition<\/span> has been filed, both prior to adjudication and after adjudication pending final disposition<\/span> subject to the time limitations set forth in § 16.1-277.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the intake officer<\/span> or magistrate<\/span> releases the juvenile, either on bail<\/span> or recognizance<\/span> or under such conditions as may be imposed, no motion<\/span> to revoke bail<\/span>, or change such conditions may be made unless (i) the juvenile has violated a term or condition of his release, or is convicted of or taken into custody<\/span> for an additional offense<\/span>, or (ii) the attorney for the Commonwealth presents evidence<\/span> that incorrect or incomplete information regarding the factors in subsection A was relied upon by the intake officer<\/span> or magistrate<\/span> establishing the initial terms of release. If the juvenile court<\/span> releases the juvenile, either on bail<\/span> or recognizance<\/span> or under such conditions as may be imposed, over the objection of the attorney for the Commonwealth, the attorney for the Commonwealth may appeal<\/span> such decision to the circuit<\/span> court. The order<\/span> of the juvenile court<\/span> releasing the juvenile shall remain in effect until the circuit<\/span> court, Court of Appeals<\/span> or Supreme Court rules otherwise. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRITERIA FOR DETENTION OR SHELTER CARE (\u00a7 16.1-248.1)\n\nA. A juvenile taken into custody whose case is considered by a judge, intake\nofficer or magistrate pursuant to \u00a7 16.1-247 shall immediately be released,\nupon the ascertainment of the necessary facts, to the care, custody and control\nof such juvenile’s parent, guardian, custodian or other suitable person\nable and willing to provide supervision and care for such juvenile, either on\nbail or recognizance pursuant to Chapter 9 (\u00a7 19.2-119 et seq.) of Title 19.2\nor under such conditions as may be imposed or otherwise. However, at any time\nprior to an order of final disposition, a juvenile may be detained in a secure\nfacility, pursuant to a detention order or warrant, only upon a finding by the\njudge, intake officer, or magistrate, that there is probable cause to believe\nthat the juvenile committed the act alleged, and that at least one of the\nfollowing conditions is met:\n\n 1. The juvenile is alleged to have (a) violated the terms of his probation or\n parole when the charge for which he was placed on probation or parole would\n have been a felony or Class 1 misdemeanor if committed by an adult; (b)\n committed an act that would be a felony or Class 1 misdemeanor if committed by\n an adult; or (c) violated any of the provisions of § 18.2-308.7, and\n there is clear and convincing evidence that:\n \t\t\t\ta. Considering the seriousness of the current offense or offenses and\n other pending charges, the seriousness of prior adjudicated offenses, the\n legal status of the juvenile and any aggravating and mitigating circumstances,\n the liberty of the juvenile, constitutes a clear and substantial threat to the\n person or property of others;\n \t\t\t\tb. The liberty of the juvenile would present a clear and substantial\n threat of serious harm to such juvenile’s life or health; or\n \t\t\t\tc. The juvenile has threatened to abscond from the court’s\n jurisdiction during the pendency of the instant proceedings or has a record of\n willful failure to appear at a court hearing within the immediately preceding\n 12 months.\n\n 2. The juvenile has absconded from a detention home or facility where he has\n been directed to remain by the lawful order of a judge or intake officer.\n\n 3. The juvenile is a fugitive from a jurisdiction outside the Commonwealth and\n subject to a verified petition or warrant, in which case such juvenile may be\n detained for a period not to exceed that provided for in § 16.1-323 while\n arrangements are made to return the juvenile to the lawful custody of a\n parent, guardian or other authority in another state.\n\n 4. The juvenile has failed to appear in court after having been duly served\n with a summons in any case in which it is alleged that the juvenile has\n committed a delinquent act or that the child is in need of services or is in\n need of supervision; however, a child alleged to be in need of services or in\n need of supervision may be detained for good cause pursuant to this subsection\n only until the next day upon which the court sits within the county or city in\n which the charge against the child is pending, and under no circumstances\n longer than 72 hours from the time he was taken into custody. If the 72-hour\n period expires on a Saturday, Sunday, legal holiday or day on which the court\n is lawfully closed, the 72 hours shall be extended to the next day that is not\n a Saturday, Sunday, legal holiday or day on which the court is lawfully\n closed.\n\n 5. The juvenile failed to adhere to the conditions imposed upon him by the\n court, intake officer or magistrate following his release upon a Class 1\n misdemeanor charge or a felony charge.\n \t\t\t\tHowever, no juvenile younger than 11 years of age shall be placed in\n secure detention unless such juvenile is alleged to have committed one or more\n of the delinquent acts enumerated in subsection B or C of § 16.1-269.1.\n \t\t\t\tWhen a juvenile is placed in secure detention, the detention order shall\n state the offense for which the juvenile is being detained, and, to the extent\n practicable, other pending and previous charges.\n\nB. Any juvenile not meeting the criteria for placement in a secure facility\nshall be released to a parent, guardian or other person willing and able to\nprovide supervision and care under such conditions as the judge, intake officer\nor magistrate may impose. However, a juvenile may be placed in shelter care if:\n\n 1. The juvenile is eligible for placement in a secure facility;\n\n 2. The juvenile has failed to adhere to the directions of the court, intake\n officer or magistrate while on conditional release;\n\n 3. The juvenile’s parent, guardian or other person able to provide\n supervision cannot be reached within a reasonable time;\n\n 4. The juvenile does not consent to return home;\n\n 5. Neither the juvenile’s parent or guardian nor any other person able\n to provide proper supervision can arrive to assume custody within a reasonable\n time; or\n\n 6. The juvenile’s parent or guardian refuses to permit the juvenile to\n return home and no relative or other person willing and able to provide proper\n supervision and care can be located within a reasonable time.\n\nC. When a juvenile is detained in a secure facility, the juvenile’s\nprobation officer may review such placement for the purpose of seeking a less\nrestrictive alternative to confinement in that secure facility.\n\nD. The criteria for continuing the juvenile in detention or shelter care as set\nforth in this section shall govern the decisions of all persons involved in\ndetermining whether the continued detention or shelter care is warranted pending\ncourt disposition. Such criteria shall be supported by clear and convincing\nevidence in support of the decision not to release the juvenile.\n\nE. Nothing in this section shall be construed to deprive the court of its power\nto punish a juvenile summarily for contempt for acts set forth in §\n18.2-456, other than acts of disobedience of the court’s dispositional\norder which are committed outside the presence of the court.\n\nF. A detention order may be issued pursuant to subdivision A 2 by the committing\ncourt or by the court in the jurisdiction from which the juvenile fled or where\nhe was taken into custody.\n\nG. The court is authorized to detain a juvenile based upon the criteria set\nforth in subsection A at any time after a delinquency petition has been filed,\nboth prior to adjudication and after adjudication pending final disposition\nsubject to the time limitations set forth in § 16.1-277.1.\n\nH. If the intake officer or magistrate releases the juvenile, either on bail or\nrecognizance or under such conditions as may be imposed, no motion to revoke\nbail, or change such conditions may be made unless (i) the juvenile has violated\na term or condition of his release, or is convicted of or taken into custody for\nan additional offense, or (ii) the attorney for the Commonwealth presents\nevidence that incorrect or incomplete information regarding the factors in\nsubsection A was relied upon by the intake officer or magistrate establishing\nthe initial terms of release. If the juvenile court releases the juvenile,\neither on bail or recognizance or under such conditions as may be imposed, over\nthe objection of the attorney for the Commonwealth, the attorney for the\nCommonwealth may appeal such decision to the circuit court. The order of the\njuvenile court releasing the juvenile shall remain in effect until the circuit\ncourt, Court of Appeals or Supreme Court rules otherwise.\n\nHISTORY: 1977, c. 559; 1979, c. 701; 1985, c. 260; 1986, c. 517; 1987, c. 632;\n1989, c. 725; 1990, c. 257; 1996, cc. 755, 914; 2000, c. 836; 2001, c. 837;\n2002, cc. 55, 359; 2003, cc. 104, 851; 2004, c. 374; 2005, c. 647; 2010, c. 683;\n2011, c. 644; 2021, Sp. Sess. I, c. 115.","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}}