{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-250.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-250.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-250.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-250.html"}],"law_id":76378,"edition_id":1,"section_id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","history":"1977, c. 559; 1979, c. 338; 1985, c. 260; 1986, c. 542; 1988, c. 220; 1989, c. 549; 1992, c. 508; 1995, c. 451; 2004, c. 437; 2006, c. 89.","full_text":"A\n\nWhen a child has been taken into immediate custody and not released as provided in § 16.1-247 or § 16.1-248.1, such child shall appear before a judge on the next day on which the court sits within the county or city wherein the charge against the child is pending. In the event the court does not sit within the county or city on the following day, such child shall appear before a judge within a reasonable time, not to exceed 72 hours, after he has been taken into custody. If the 72-hour period expires on a Saturday, Sunday or other legal holiday, the 72 hours shall be extended to the next day which is not a Saturday, Sunday or legal holiday. In the event the court does not sit on the following day within the county or city wherein the charge against the child is pending, the court may conduct the hearing in another county or city, but only if two-way electronic video and audio communication is available in the courthouse of the county or city wherein the charge is pending.B\n\nThe appearance of the child, the attorney for the Commonwealth, the attorney for the child and the parent, guardian, legal custodian or other person standing in loco parentis may be by (i) personal appearance before the judge or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by electronically transmitted facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.C\n\nNotice of the detention hearing or any rehearing, either oral or written, stating the time, place and purpose of the hearing shall be given to the parent, guardian, legal custodian or other person standing in loco parentis if he can be found, to the child’s attorney, to the child if 12 years of age or older and to the attorney for the Commonwealth.D\n\nDuring the detention hearing, the parties shall be informed of the child’s right to remain silent with respect to any allegation of delinquency and of the contents of the petition. The attorney for the child and the attorney for the Commonwealth shall be given the opportunity to be heard.E\n\nIf the judge finds that there is not probable cause to believe that the child committed the delinquent act alleged, the court shall order his release. If the judge finds that there is probable cause to believe that the child committed the delinquent act alleged but that the full-time detention of a child who is alleged to be delinquent is not required, the court shall order his release, and in so doing, the court may impose one or more of the following conditions singly or in combination:1\n\nPlace the child in the custody of a parent, guardian, legal custodian or other person standing in loco parentis under their supervision, or under the supervision of an organization or individual agreeing to supervise him;2\n\nPlace restrictions on the child’s travel, association or place of abode during the period of his release;3\n\nImpose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in § 16.1-248.1; or4\n\nRelease the child on bail or recognizance in accordance with the provisions of Chapter 9 (§ 19.2-119 et seq.) of Title 19.2.F\n\nAn order releasing a child on any of the conditions specified in this section may, at any time, be amended to impose additional or different conditions of release or to return the child who is alleged to be delinquent to custody for failure to conform to the conditions previously imposed.G\n\nAll relevant and material evidence helpful in determining probable cause under this section or the need for detention may be admitted by the court even though not competent in a hearing on the petition.H\n\nIf the child is not released and a parent, guardian, legal custodian or other person standing in loco parentis is not notified and does not appear or does not waive appearance at the hearing, upon the written request of such person stating that such person is willing and available to supervise the child upon release from detention and to return the child to court for all scheduled proceedings on the pending charges, the court shall rehear the matter on the next day on which the court sits within the county or city wherein the charge against the child is pending. If the court does not sit within the county or city on the following day, such hearing shall be held before a judge within a reasonable time, not to exceed 72 hours, after the request.I\n\nIn considering probable cause under this section, if the court deems it necessary to summon witnesses to assist in such determination then the hearing may be continued and the child remain in detention, but in no event longer than three consecutive days, exclusive of Saturdays, Sundays, and legal holidays.","order_by":null,"text":{"0":{"id":274186,"text":"When a child has been taken into immediate custody and not released as provided in § 16.1-247 or § 16.1-248.1, such child shall appear before a judge on the next day on which the court sits within the county or city wherein the charge against the child is pending. In the event the court does not sit within the county or city on the following day, such child shall appear before a judge within a reasonable time, not to exceed 72 hours, after he has been taken into custody. If the 72-hour period expires on a Saturday, Sunday or other legal holiday, the 72 hours shall be extended to the next day which is not a Saturday, Sunday or legal holiday. In the event the court does not sit on the following day within the county or city wherein the charge against the child is pending, the court may conduct the hearing in another county or city, but only if two-way electronic video and audio communication is available in the courthouse of the county or city wherein the charge is pending.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274187,"text":"The appearance of the child, the attorney for the Commonwealth, the attorney for the child and the parent, guardian, legal custodian or other person standing in loco parentis may be by (i) personal appearance before the judge or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by electronically transmitted facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274188,"text":"Notice of the detention hearing or any rehearing, either oral or written, stating the time, place and purpose of the hearing shall be given to the parent, guardian, legal custodian or other person standing in loco parentis if he can be found, to the child’s attorney, to the child if 12 years of age or older and to the attorney for the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274189,"text":"During the detention hearing, the parties shall be informed of the child’s right to remain silent with respect to any allegation of delinquency and of the contents of the petition. The attorney for the child and the attorney for the Commonwealth shall be given the opportunity to be heard.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":274190,"text":"If the judge finds that there is not probable cause to believe that the child committed the delinquent act alleged, the court shall order his release. If the judge finds that there is probable cause to believe that the child committed the delinquent act alleged but that the full-time detention of a child who is alleged to be delinquent is not required, the court shall order his release, and in so doing, the court may impose one or more of the following conditions singly or in combination:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":274191,"text":"Place the child in the custody of a parent, guardian, legal custodian or other person standing in loco parentis under their supervision, or under the supervision of an organization or individual agreeing to supervise him;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":274192,"text":"Place restrictions on the child’s travel, association or place of abode during the period of his release;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":274193,"text":"Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in § 16.1-248.1; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":274194,"text":"Release the child on bail or recognizance in accordance with the provisions of Chapter 9 (§ 19.2-119 et seq.) of Title 19.2.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":274195,"text":"An order releasing a child on any of the conditions specified in this section may, at any time, be amended to impose additional or different conditions of release or to return the child who is alleged to be delinquent to custody for failure to conform to the conditions previously imposed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":274196,"text":"All relevant and material evidence helpful in determining probable cause under this section or the need for detention may be admitted by the court even though not competent in a hearing on the petition.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":274197,"text":"If the child is not released and a parent, guardian, legal custodian or other person standing in loco parentis is not notified and does not appear or does not waive appearance at the hearing, upon the written request of such person stating that such person is willing and available to supervise the child upon release from detention and to return the child to court for all scheduled proceedings on the pending charges, the court shall rehear the matter on the next day on which the court sits within the county or city wherein the charge against the child is pending. If the court does not sit within the county or city on the following day, such hearing shall be held before a judge within a reasonable time, not to exceed 72 hours, after the request.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":274198,"text":"In considering probable cause under this section, if the court deems it necessary to summon witnesses to assist in such determination then the hearing may be continued and the child remain in detention, but in no event longer than three consecutive days, exclusive of Saturdays, Sundays, and legal holidays.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-250\/","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 9 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 338; in 1985, chapter 260; in 1986, chapter 542; in 1988, chapter 220; in 1989, chapter 549; in 1992, chapter 508; in 1995, chapter 451<\/a>; in 2004, chapter 437<\/a>; in 2006, chapter 89<\/a>.<\/p>","references":[{"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":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"}],"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":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"}],"permalink":{"id":161565,"object_type":"law","relational_id":76378,"identifier":"16.1-250","token":"16.1\/11\/4\/16.1-250","url":"\/16.1-250\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","dublin_core":{"Title":"Procedure for detention hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-250","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a child has been taken into immediate custody<\/span> and not released as provided in § 16.1-247<\/a> or § 16.1-248.1<\/a>, such child shall appear before a judge<\/span> on the next day on which the court<\/span> sits within the county or city wherein the charge against the child is pending. In the event the court<\/span> does not sit within the county or city on the following day, such child shall appear before a judge<\/span> within a reasonable time, not to exceed 72 hours, after he has been taken into custody<\/span>. If the 72-hour period expires on a Saturday, Sunday or other legal holiday, the 72 hours shall be extended to the next day which is not a Saturday, Sunday or legal holiday. In the event the court<\/span> does not sit on the following day within the county or city wherein the charge against the child is pending, the court<\/span> may conduct the hearing<\/span> in another county or city, but only if two-way electronic video and audio communication is available in the courthouse of the county or city wherein the charge is pending. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The appearance<\/span> of the child, the attorney for the Commonwealth, the attorney for the child and the parent, guardian, legal custodian or other person standing in loco parentis may be by (i) personal appearance<\/span> before the judge<\/span> or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, a judge may exercise all powers conferred by law<\/span> and all communications and proceedings shall be conducted in the same manner as if the appearance<\/span> were in person, and any documents filed may be transmitted by electronically transmitted facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance<\/span> shall meet the standards as set forth in subsection B of § 19.2-3.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of the detention hearing<\/span> or any rehearing, either oral or written, stating the time, place and purpose of the hearing<\/span> shall be given to the parent, guardian, legal custodian or other person standing in loco parentis if he can be found, to the child’s attorney, to the child if 12 years of age or older and to the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> During the detention hearing<\/span>, the parties shall be informed of the child’s right to remain silent with respect to any allegation<\/span> of delinquency and of the contents of the petition<\/span>. The attorney for the child and the attorney for the Commonwealth shall be given the opportunity to be heard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the judge<\/span> finds that there is not probable cause<\/span> to believe that the child committed the delinquent act<\/span> alleged, the court<\/span> shall order<\/span> his release. If the judge<\/span> finds that there is probable cause<\/span> to believe that the child committed the delinquent act<\/span> alleged but that the full-time detention of a child who is alleged to be delinquent is not required, the court<\/span> shall order<\/span> his release, and in so doing, the court<\/span> may impose one or more of the following conditions singly or in combination: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place the child in the custody<\/span> of a parent, guardian, legal custodian or other person standing in loco parentis under their supervision, or under the supervision of an organization or individual agreeing to supervise him; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Place restrictions on the child’s travel, association or place of abode during the period of his release; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in § 16.1-248.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Release the child on bail<\/span> or recognizance<\/span> in accordance with the provisions of Chapter 9 (§ 19.2-119<\/a> et seq.) of Title 19.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An order<\/span> releasing a child on any of the conditions specified in this section may, at any time, be amended to impose additional or different conditions of release or to return the child who is alleged to be delinquent to custody<\/span> for failure to conform to the conditions previously imposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> All relevant and material<\/span> evidence<\/span> helpful in determining probable cause<\/span> under this section or the need for detention may be admitted by the court<\/span> even though not competent in a hearing<\/span> on the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the child is not released and a parent, guardian, legal custodian or other person standing in loco parentis is not notified and does not appear or does not waive<\/span> appearance<\/span> at the hearing<\/span>, upon the written request of such person stating that such person is willing and available to supervise the child upon release from detention and to return the child to court for all scheduled proceedings on the pending charges, the court<\/span> shall rehear the matter on the next day on which the court<\/span> sits within the county or city wherein the charge against the child is pending. If the court<\/span> does not sit within the county or city on the following day, such hearing<\/span> shall be held before a judge within a reasonable time, not to exceed 72 hours, after the request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In considering probable cause<\/span> under this section, if the court<\/span> deems it necessary to summon witnesses to assist in such determination then the hearing<\/span> may be continued and the child remain in detention, but in no event longer than three consecutive days, exclusive of Saturdays, Sundays, and legal holidays. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR DETENTION HEARING (\u00a7 16.1-250)\n\nA. When a child has been taken into immediate custody and not released as\nprovided in § 16.1-247 or § 16.1-248.1, such child shall appear before\na judge on the next day on which the court sits within the county or city\nwherein the charge against the child is pending. In the event the court does not\nsit within the county or city on the following day, such child shall appear\nbefore a judge within a reasonable time, not to exceed 72 hours, after he has\nbeen taken into custody. If the 72-hour period expires on a Saturday, Sunday or\nother legal holiday, the 72 hours shall be extended to the next day which is not\na Saturday, Sunday or legal holiday. In the event the court does not sit on the\nfollowing day within the county or city wherein the charge against the child is\npending, the court may conduct the hearing in another county or city, but only\nif two-way electronic video and audio communication is available in the\ncourthouse of the county or city wherein the charge is pending.\n\nB. The appearance of the child, the attorney for the Commonwealth, the attorney\nfor the child and the parent, guardian, legal custodian or other person standing\nin loco parentis may be by (i) personal appearance before the judge or (ii) use\nof two-way electronic video and audio communication. If two-way electronic video\nand audio communication is used, a judge may exercise all powers conferred by\nlaw and all communications and proceedings shall be conducted in the same manner\nas if the appearance were in person, and any documents filed may be transmitted\nby electronically transmitted facsimile process. The facsimile may be served or\nexecuted by the officer or person to whom sent, and returned in the same manner,\nand with the same force, effect, authority, and liability as an original\ndocument. All signatures thereon shall be treated as original signatures. Any\ntwo-way electronic video and audio communication system used for an appearance\nshall meet the standards as set forth in subsection B of § 19.2-3.1.\n\nC. Notice of the detention hearing or any rehearing, either oral or written,\nstating the time, place and purpose of the hearing shall be given to the parent,\nguardian, legal custodian or other person standing in loco parentis if he can be\nfound, to the child’s attorney, to the child if 12 years of age or older\nand to the attorney for the Commonwealth.\n\nD. During the detention hearing, the parties shall be informed of the\nchild’s right to remain silent with respect to any allegation of\ndelinquency and of the contents of the petition. The attorney for the child and\nthe attorney for the Commonwealth shall be given the opportunity to be heard.\n\nE. If the judge finds that there is not probable cause to believe that the child\ncommitted the delinquent act alleged, the court shall order his release. If the\njudge finds that there is probable cause to believe that the child committed the\ndelinquent act alleged but that the full-time detention of a child who is\nalleged to be delinquent is not required, the court shall order his release, and\nin so doing, the court may impose one or more of the following conditions singly\nor in combination:\n\n 1. Place the child in the custody of a parent, guardian, legal custodian or\n other person standing in loco parentis under their supervision, or under the\n supervision of an organization or individual agreeing to supervise him;\n\n 2. Place restrictions on the child’s travel, association or place of\n abode during the period of his release;\n\n 3. Impose any other condition deemed reasonably necessary and consistent with\n the criteria for detaining children specified in § 16.1-248.1; or\n\n 4. Release the child on bail or recognizance in accordance with the provisions\n of Chapter 9 (§ 19.2-119 et seq.) of Title 19.2.\n\nF. An order releasing a child on any of the conditions specified in this section\nmay, at any time, be amended to impose additional or different conditions of\nrelease or to return the child who is alleged to be delinquent to custody for\nfailure to conform to the conditions previously imposed.\n\nG. All relevant and material evidence helpful in determining probable cause\nunder this section or the need for detention may be admitted by the court even\nthough not competent in a hearing on the petition.\n\nH. If the child is not released and a parent, guardian, legal custodian or other\nperson standing in loco parentis is not notified and does not appear or does not\nwaive appearance at the hearing, upon the written request of such person stating\nthat such person is willing and available to supervise the child upon release\nfrom detention and to return the child to court for all scheduled proceedings on\nthe pending charges, the court shall rehear the matter on the next day on which\nthe court sits within the county or city wherein the charge against the child is\npending. If the court does not sit within the county or city on the following\nday, such hearing shall be held before a judge within a reasonable time, not to\nexceed 72 hours, after the request.\n\nI. In considering probable cause under this section, if the court deems it\nnecessary to summon witnesses to assist in such determination then the hearing\nmay be continued and the child remain in detention, but in no event longer than\nthree consecutive days, exclusive of Saturdays, Sundays, and legal holidays.\n\nHISTORY: 1977, c. 559; 1979, c. 338; 1985, c. 260; 1986, c. 542; 1988, c. 220;\n1989, c. 549; 1992, c. 508; 1995, c. 451; 2004, c. 437; 2006, c. 89.","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}}