{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-251.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-251.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-251.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-251.html"}],"law_id":55186,"edition_id":1,"section_id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","history":"1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769; 2000, c. 385; 2003, c. 508; 2017, c. 190; 2019, c. 434.","full_text":"A\n\nA child may be taken into immediate custody and placed in shelter care pursuant to an emergency removal order in cases in which the child is alleged to have been abused or neglected. Such order may be issued ex parte by the court upon a petition supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that:1\n\nThe child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition.2\n\nReasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably protect the child’s life or health pending a final hearing on the petition. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order pursuant to § 16.1-253.\n\t\t\t\tIf the petitioner fails to obtain an emergency removal order within four hours of taking custody of the child, the affidavit or sworn testimony before the judge or intake officer shall state the reasons therefor.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court to make reasonable efforts to prevent removal of the child from his home if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”B\n\nWhenever a child is taken into immediate custody pursuant to an emergency removal order, a hearing shall be held in accordance with § 16.1-252 as soon as practicable, but in no event later than five business days after the removal of the child.C\n\nIn the emergency removal order the court shall give consideration to temporary placement of the child with a person with a legitimate interest under the supervision of the local department of social services, until such time as the hearing in accordance with § 16.1-252 is held.D\n\nThe local department of social services having “legal custody” of a child as defined in § 16.1-228 (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent.","order_by":null,"text":{"0":{"id":202303,"text":"A child may be taken into immediate custody and placed in shelter care pursuant to an emergency removal order in cases in which the child is alleged to have been abused or neglected. Such order may be issued ex parte by the court upon a petition supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":202304,"text":"The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing on the petition.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":202305,"text":"Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably protect the child’s life or health pending a final hearing on the petition. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order pursuant to § 16.1-253.\n\t\t\t\tIf the petitioner fails to obtain an emergency removal order within four hours of taking custody of the child, the affidavit or sworn testimony before the judge or intake officer shall state the reasons therefor.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court to make reasonable efforts to prevent removal of the child from his home if the court finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time such offense occurred, or the other parent of the child; (iii) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.\n\t\t\t\t“Chronic abuse” or “chronic sexual abuse” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances.”","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":202306,"text":"Whenever a child is taken into immediate custody pursuant to an emergency removal order, a hearing shall be held in accordance with § 16.1-252 as soon as practicable, but in no event later than five business days after the removal of the child.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":202307,"text":"In the emergency removal order the court shall give consideration to temporary placement of the child with a person with a legitimate interest under the supervision of the local department of social services, until such time as the hearing in accordance with § 16.1-252 is held.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":202308,"text":"The local department of social services having “legal custody” of a child as defined in § 16.1-228 (i) shall not be required to comply with the requirements of this section in order to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-251\/","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 8 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 1984, chapter 499; in 1985, chapter 584; in 1986, chapter 308; in 1990, chapter 769; in 2000, chapter 385<\/a>; in 2003, chapter 508<\/a>; in 2017, chapter 190<\/a>; in 2019, chapter 434<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":69856,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","order_by":null,"url":"\/16.1-241.3\/"},{"id":61486,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","order_by":null,"url":"\/63.2-1517\/"},{"id":81084,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","order_by":null,"url":"\/63.2-1521\/"},{"id":66316,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","order_by":null,"url":"\/63.2-1522\/"},{"id":58382,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","order_by":null,"url":"\/63.2-1523\/"},{"id":87185,"section_number":"63.2-1535","catch_line":"Termination of the parental child safety placement agreement and the alternative living arrangement","order_by":null,"url":"\/63.2-1535\/"},{"id":80427,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","order_by":null,"url":"\/63.2-906\/"},{"id":83951,"section_number":"63.2-908","catch_line":"Permanent foster care placement","order_by":null,"url":"\/63.2-908\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"}],"permalink":{"id":161573,"object_type":"law","relational_id":55186,"identifier":"16.1-251","token":"16.1\/11\/4\/16.1-251","url":"\/16.1-251\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","dublin_core":{"Title":"Emergency removal order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-251","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A child may be taken into immediate custody<\/span> and placed in shelter care<\/span> pursuant to an emergency removal order<\/span> in cases in which the child is alleged to have been abused or neglected. Such order<\/span> may be issued ex parte<\/span> by the court<\/span> upon a petition<\/span> supported by an affidavit<\/span> or by sworn testimony<\/span> in person before the judge<\/span> or intake officer<\/span> which establishes that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the custody<\/span> of his parents, guardian, legal custodian or other person standing in loco parentis pending a final hearing<\/span> on the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably protect the child’s life or health pending a final hearing<\/span> on the petition<\/span>. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective order<\/span> pursuant to § 16.1-253<\/a>.\n\t\t\t\tIf the petitioner fails to obtain an emergency removal order<\/span> within four hours of taking custody<\/span> of the child, the affidavit<\/span> or sworn testimony<\/span> before the judge<\/span> or intake officer<\/span> shall state the reasons therefor.\n\t\t\t\tWhen a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.\n\t\t\t\tThe petitioner shall not be required by the court<\/span> to make reasonable efforts to prevent removal of the child from his home if the court<\/span> finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes murder<\/span> or voluntary manslaughter<\/span>, or a felony<\/span> attempt, conspiracy, or solicitation to commit any such offense<\/span>, if the victim of the offense<\/span> was a child of the parent, a child with whom the parent resided at the time such offense<\/span> occurred, or the other parent of the child; (iii) the parent has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of any other state, the United States, or any foreign jurisdiction<\/span> that constitutes felony<\/span> assault<\/span> resulting in serious bodily injury<\/span> or felony<\/span> bodily wounding resulting in serious bodily injury<\/span> or felony<\/span> sexual assault<\/span>, if the victim of the offense<\/span> was a child of the parent or a child with whom the parent resided at the time of such offense<\/span>; or (iv) on the basis of clear and convincing evidence<\/span>, the parent has subjected any child to aggravated circumstances<\/span> or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of § 16.1-283<\/a>.\n\t\t\t\tAs used in this section:\n\t\t\t\t“Aggravated circumstances<\/span>” means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury<\/span> to such a child.\n\t\t\t\t“Chronic abuse<\/span>” or “chronic sexual abuse<\/span>” means recurring acts of physical abuse that place the child’s health, safety and well-being at risk.\n\t\t\t\t“Serious bodily injury<\/span>” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.\n\t\t\t\t“Severe abuse” or “severe sexual abuse” may include an act or omission that occurred only once but otherwise meets the definition of “aggravated circumstances<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever a child is taken into immediate custody<\/span> pursuant to an emergency removal order<\/span>, a hearing<\/span> shall be held in accordance with § 16.1-252<\/a> as soon as practicable, but in no event later than five business days after the removal of the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the emergency removal order<\/span> the court<\/span> shall give consideration to temporary placement of the child with a person with a legitimate interest under the supervision of the local department<\/span> of social services, until such time as the hearing<\/span> in accordance with § 16.1-252<\/a> is held. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The local department<\/span> of social services having “legal custody<\/span>” of a child as defined in § 16.1-228<\/a> (i) shall not be required to comply with the requirements of this section in order<\/span> to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY REMOVAL ORDER (\u00a7 16.1-251)\n\nA. A child may be taken into immediate custody and placed in shelter care\npursuant to an emergency removal order in cases in which the child is alleged to\nhave been abused or neglected. Such order may be issued ex parte by the court\nupon a petition supported by an affidavit or by sworn testimony in person before\nthe judge or intake officer which establishes that:\n\n 1. The child would be subjected to an imminent threat to life or health to the\n extent that severe or irremediable injury would be likely to result if the\n child were returned to or left in the custody of his parents, guardian, legal\n custodian or other person standing in loco parentis pending a final hearing on\n the petition.\n\n 2. Reasonable efforts have been made to prevent removal of the child from his\n home and there are no alternatives less drastic than removal of the child from\n his home which could reasonably protect the child’s life or health\n pending a final hearing on the petition. The alternatives less drastic than\n removal may include but not be limited to the provision of medical,\n educational, psychiatric, psychological, homemaking or other similar services\n to the child or family or the issuance of a preliminary protective order\n pursuant to § 16.1-253.\n \t\t\t\tIf the petitioner fails to obtain an emergency removal order within four\n hours of taking custody of the child, the affidavit or sworn testimony before\n the judge or intake officer shall state the reasons therefor.\n \t\t\t\tWhen a child is removed from his home and there is no reasonable\n opportunity to provide preventive services, reasonable efforts to prevent\n removal shall be deemed to have been made.\n \t\t\t\tThe petitioner shall not be required by the court to make reasonable\n efforts to prevent removal of the child from his home if the court finds that\n (i) the residual parental rights of the parent regarding a sibling of the\n child have previously been involuntarily terminated; (ii) the parent has been\n convicted of an offense under the laws of the Commonwealth or a substantially\n similar law of any other state, the United States, or any foreign jurisdiction\n that constitutes murder or voluntary manslaughter, or a felony attempt,\n conspiracy, or solicitation to commit any such offense, if the victim of the\n offense was a child of the parent, a child with whom the parent resided at the\n time such offense occurred, or the other parent of the child; (iii) the parent\n has been convicted of an offense under the laws of the Commonwealth or a\n substantially similar law of any other state, the United States, or any\n foreign jurisdiction that constitutes felony assault resulting in serious\n bodily injury or felony bodily wounding resulting in serious bodily injury or\n felony sexual assault, if the victim of the offense was a child of the parent\n or a child with whom the parent resided at the time of such offense; or (iv)\n on the basis of clear and convincing evidence, the parent has subjected any\n child to aggravated circumstances or abandoned a child under circumstances\n that would justify the termination of residual parental rights pursuant to\n subsection D of § 16.1-283.\n \t\t\t\tAs used in this section:\n \t\t\t\t“Aggravated circumstances” means torture, chronic or severe\n abuse, or chronic or severe sexual abuse, if the victim of such conduct was a\n child of the parent or child with whom the parent resided at the time such\n conduct occurred, including the failure to protect such a child from such\n conduct, which conduct or failure to protect (i) evinces a wanton or depraved\n indifference to human life or (ii) has resulted in the death of such a child\n or in serious bodily injury to such a child.\n \t\t\t\t“Chronic abuse” or “chronic sexual abuse” means\n recurring acts of physical abuse that place the child’s health, safety\n and well-being at risk.\n \t\t\t\t“Serious bodily injury” means bodily injury that involves\n substantial risk of death, extreme physical pain, protracted and obvious\n disfigurement, or protracted loss or impairment of the function of a bodily\n member, organ or mental faculty.\n \t\t\t\t“Severe abuse” or “severe sexual abuse” may\n include an act or omission that occurred only once but otherwise meets the\n definition of “aggravated circumstances.”\n\nB. Whenever a child is taken into immediate custody pursuant to an emergency\nremoval order, a hearing shall be held in accordance with § 16.1-252 as\nsoon as practicable, but in no event later than five business days after the\nremoval of the child.\n\nC. In the emergency removal order the court shall give consideration to\ntemporary placement of the child with a person with a legitimate interest under\nthe supervision of the local department of social services, until such time as\nthe hearing in accordance with § 16.1-252 is held.\n\nD. The local department of social services having “legal custody” of\na child as defined in § 16.1-228 (i) shall not be required to comply with\nthe requirements of this section in order to redetermine where and with whom the\nchild shall live, notwithstanding that the child had been placed with a natural\nparent.\n\nHISTORY: 1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769;\n2000, c. 385; 2003, c. 508; 2017, c. 190; 2019, c. 434.","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}}