{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-260.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-260.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-260.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-260.html"}],"law_id":57160,"edition_id":1,"section_id":57160,"structure_id":14663,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","history":"Code 1950, \u00a7 16.1-164; 1956, c. 555; 1972, cc. 672, 835; 1973, c. 440; 1977, c. 559; 1979, c. 701; 1982, c. 91; 1983, c. 349; 1985, c. 488; 1986, c. 381; 1987, cc. 203, 632; 1988, cc. 792, 803; 1990, c. 742; 1991, cc. 496, 511, 534; 1992, cc. 502, 527, 542; 1993, c. 981; 1995, cc. 347, 429; 1996, cc. 755, 914; 1997, c. 862; 1999, cc. 54, 526, 952; 2002, c. 747; 2003, c. 587; 2004, cc. 105, 255, 309, 416, 517, 558; 2006, c. 677; 2008, cc. 136, 845; 2009, cc. 385, 726; 2010, c. 742; 2011, cc. 384, 410, 825; 2012, c. 637; 2013, c. 746; 2014, cc. 674, 719; 2016, c. 704; 2018, cc. 281, 312; 2019, cc. 106, 206; 2020, cc. 753, 1285, 1286; 2021, Sp. Sess. I, cc. 30, 206, 457, 550, 551.","full_text":"A\n\nAll matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement. If a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services.B\n\nThe appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. 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 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.\n\t\t\tWhen the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.\n\t\t\tAn intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent only if the juvenile (a) is not alleged to have committed a violent juvenile felony or (b) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.\n\t\t\tIf a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of § 22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the petition and proceed informally by developing a truancy plan, provided that (1) the juvenile has not previously been proceeded against informally or adjudicated in need of supervision on more than two occasions for failure to comply with compulsory school attendance as provided in § 22.1-254 and (2) the immediately previous informal action or adjudication occurred at least three calendar years prior to the current complaint. The juvenile and his parent or parents, guardian, or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian, or other person standing in loco parentis participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as necessary to ensure the juvenile’s compliance with compulsory school attendance as provided in § 22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit, and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. If at the end of the deferral period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.\n\t\t\tWhenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision, or delinquent, the intake officer shall (A) develop a plan for the juvenile, which may include restitution, the performance of community service, or on a complaint alleging that a child has committed a delinquent act other than an act that would be a felony or a Class 1 misdemeanor if committed by an adult and with the consent of the juvenile’s parent or legal guardian, referral to a youth justice diversion program established pursuant to § 16.1-309.11, based upon community resources and the circumstances which resulted in the complaint, (B) create an official record of the action taken by the intake officer and file such record in the juvenile’s case file, and (C) advise the juvenile and the juvenile’s parent, guardian, or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, or in the case of a referral to a youth justice diversion program established pursuant to § 16.1-309.11, that any subsequent report from the youth justice diversion program alleging that the juvenile failed to comply with the youth justice diversion program’s sentence within 180 days of the sentencing date, may result in the filing of a petition with the court.C\n\nThe intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child’s parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10.D\n\nPrior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.E\n\nIf the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, when such refusal is based solely upon a finding that no probable cause exists, the complainant shall be notified in writing at that time of the complainant’s right to apply to a magistrate for a warrant. The application for a warrant to the magistrate shall be filed within 10 days of the issuance of the written notification. The written notification shall indicate that the intake officer made a finding that no probable cause exists and shall provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The complainant shall provide the magistrate with a copy of the written notification upon application to the magistrate. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony when such refusal is based upon a finding that (i) probable cause exists, but that (ii) the matter is appropriate for diversion, his decision is final and the complainant shall not have a right to apply to a magistrate for a warrant.\n\t\t\tUpon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of § 16.1-256, the intake officer shall accept and file a petition founded upon the warrant.F\n\nThe intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.G\n\nNotwithstanding the provisions of Article 12 (\u00a7 16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:1\n\nA firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;2\n\nHomicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;3\n\nFelonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;4\n\nCriminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;5\n\nManufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;6\n\nManufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;7\n\nArson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2;8\n\nBurglary and related offenses, pursuant to §§ 18.2-89 through 18.2-93;9\n\nRobbery pursuant to § 18.2-58;10\n\nProhibited criminal street gang activity pursuant to § 18.2-46.2;11\n\nRecruitment of other juveniles for a criminal street gang activity pursuant to § 18.2-46.3;12\n\nAn act of violence by a mob pursuant to § 18.2-42.1;13\n\nAbduction of any person pursuant to § 18.2-47 or 18.2-48; or14\n\nA threat pursuant to § 18.2-60.\n\t\t\t\tThe failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.\n\t\t\t\tThe information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.H\n\nThe filing of a petition shall not be necessary:1\n\nIn the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations, or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.2\n\nIn the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of § 16.1-241.3\n\nIn the case of a misdemeanor violation of § 18.2-266, 18.2-266.1, or 29.1-738 or the commission of any other alcohol-related offense, provided that the juvenile is released to the custody of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody of a parent or legal guardian shall issue a summons to the juvenile and shall also issue a summons requiring the parent or legal guardian to appear before the court with the juvenile. Disposition of the charge shall be in the manner provided in § 16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile so charged with a violation of § 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§ 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed except that the magistrate shall authorize execution of the warrant as a summons. The summons shall be served on a parent or legal guardian and the juvenile, and a copy of the summons shall be forwarded to the court in which the violation is to be tried. When a violation of § 4.1-305 is charged by summons, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B, provided that such right is exercised by written notification to the clerk not later than 10 days prior to trial. At the time such summons alleging a violation of § 4.1-305 is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court. If the officer fails to make such service or return, the court shall dismiss the summons without prejudice.4\n\nIn the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.I\n\nFailure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.","order_by":null,"text":{"0":{"id":209331,"text":"All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement. If a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209332,"text":"The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. 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 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.\n\t\t\tWhen the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.\n\t\t\tAn intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent only if the juvenile (a) is not alleged to have committed a violent juvenile felony or (b) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.\n\t\t\tIf a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of § 22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the petition and proceed informally by developing a truancy plan, provided that (1) the juvenile has not previously been proceeded against informally or adjudicated in need of supervision on more than two occasions for failure to comply with compulsory school attendance as provided in § 22.1-254 and (2) the immediately previous informal action or adjudication occurred at least three calendar years prior to the current complaint. The juvenile and his parent or parents, guardian, or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian, or other person standing in loco parentis participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as necessary to ensure the juvenile’s compliance with compulsory school attendance as provided in § 22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit, and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. If at the end of the deferral period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.\n\t\t\tWhenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision, or delinquent, the intake officer shall (A) develop a plan for the juvenile, which may include restitution, the performance of community service, or on a complaint alleging that a child has committed a delinquent act other than an act that would be a felony or a Class 1 misdemeanor if committed by an adult and with the consent of the juvenile’s parent or legal guardian, referral to a youth justice diversion program established pursuant to § 16.1-309.11, based upon community resources and the circumstances which resulted in the complaint, (B) create an official record of the action taken by the intake officer and file such record in the juvenile’s case file, and (C) advise the juvenile and the juvenile’s parent, guardian, or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, or in the case of a referral to a youth justice diversion program established pursuant to § 16.1-309.11, that any subsequent report from the youth justice diversion program alleging that the juvenile failed to comply with the youth justice diversion program’s sentence within 180 days of the sentencing date, may result in the filing of a petition with the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209333,"text":"The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child’s parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":209334,"text":"Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":209335,"text":"If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, when such refusal is based solely upon a finding that no probable cause exists, the complainant shall be notified in writing at that time of the complainant’s right to apply to a magistrate for a warrant. The application for a warrant to the magistrate shall be filed within 10 days of the issuance of the written notification. The written notification shall indicate that the intake officer made a finding that no probable cause exists and shall provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The complainant shall provide the magistrate with a copy of the written notification upon application to the magistrate. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony when such refusal is based upon a finding that (i) probable cause exists, but that (ii) the matter is appropriate for diversion, his decision is final and the complainant shall not have a right to apply to a magistrate for a warrant.\n\t\t\tUpon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of § 16.1-256, the intake officer shall accept and file a petition founded upon the warrant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":209336,"text":"The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":209337,"text":"Notwithstanding the provisions of Article 12 (\u00a7 16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":209338,"text":"A firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":209339,"text":"Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":209340,"text":"Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"10":{"id":209341,"text":"Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"G5"},"11":{"id":209342,"text":"Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;","type":"section","prefixes":["G","5"],"prefix":"5","entire_prefix":"G5","prefix_anchor":"G5","level":2,"prior_prefix":"G4","next_prefix":"G6"},"12":{"id":209343,"text":"Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;","type":"section","prefixes":["G","6"],"prefix":"6","entire_prefix":"G6","prefix_anchor":"G6","level":2,"prior_prefix":"G5","next_prefix":"G7"},"13":{"id":209344,"text":"Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2;","type":"section","prefixes":["G","7"],"prefix":"7","entire_prefix":"G7","prefix_anchor":"G7","level":2,"prior_prefix":"G6","next_prefix":"G8"},"14":{"id":209345,"text":"Burglary and related offenses, pursuant to §§ 18.2-89 through 18.2-93;","type":"section","prefixes":["G","8"],"prefix":"8","entire_prefix":"G8","prefix_anchor":"G8","level":2,"prior_prefix":"G7","next_prefix":"G9"},"15":{"id":209346,"text":"Robbery pursuant to § 18.2-58;","type":"section","prefixes":["G","9"],"prefix":"9","entire_prefix":"G9","prefix_anchor":"G9","level":2,"prior_prefix":"G8","next_prefix":"G10"},"16":{"id":209347,"text":"Prohibited criminal street gang activity pursuant to § 18.2-46.2;","type":"section","prefixes":["G","10"],"prefix":"10","entire_prefix":"G10","prefix_anchor":"G10","level":2,"prior_prefix":"G9","next_prefix":"G11"},"17":{"id":209348,"text":"Recruitment of other juveniles for a criminal street gang activity pursuant to § 18.2-46.3;","type":"section","prefixes":["G","11"],"prefix":"11","entire_prefix":"G11","prefix_anchor":"G11","level":2,"prior_prefix":"G10","next_prefix":"G12"},"18":{"id":209349,"text":"An act of violence by a mob pursuant to § 18.2-42.1;","type":"section","prefixes":["G","12"],"prefix":"12","entire_prefix":"G12","prefix_anchor":"G12","level":2,"prior_prefix":"G11","next_prefix":"G13"},"19":{"id":209350,"text":"Abduction of any person pursuant to § 18.2-47 or 18.2-48; or","type":"section","prefixes":["G","13"],"prefix":"13","entire_prefix":"G13","prefix_anchor":"G13","level":2,"prior_prefix":"G12","next_prefix":"G14"},"20":{"id":209351,"text":"A threat pursuant to § 18.2-60.\n\t\t\t\tThe failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.\n\t\t\t\tThe information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.","type":"section","prefixes":["G","14"],"prefix":"14","entire_prefix":"G14","prefix_anchor":"G14","level":2,"prior_prefix":"G13","next_prefix":"H"},"21":{"id":209352,"text":"The filing of a petition shall not be necessary:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G14","next_prefix":"H1"},"22":{"id":209353,"text":"In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations, or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"23":{"id":209354,"text":"In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of § 16.1-241.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"24":{"id":209355,"text":"In the case of a misdemeanor violation of § 18.2-266, 18.2-266.1, or 29.1-738 or the commission of any other alcohol-related offense, provided that the juvenile is released to the custody of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody of a parent or legal guardian shall issue a summons to the juvenile and shall also issue a summons requiring the parent or legal guardian to appear before the court with the juvenile. Disposition of the charge shall be in the manner provided in § 16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile so charged with a violation of § 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§ 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed except that the magistrate shall authorize execution of the warrant as a summons. The summons shall be served on a parent or legal guardian and the juvenile, and a copy of the summons shall be forwarded to the court in which the violation is to be tried. When a violation of § 4.1-305 is charged by summons, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B, provided that such right is exercised by written notification to the clerk not later than 10 days prior to trial. At the time such summons alleging a violation of § 4.1-305 is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court. If the officer fails to make such service or return, the court shall dismiss the summons without prejudice.","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"25":{"id":209356,"text":"In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"I"},"26":{"id":209357,"text":"Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H4"}},"ancestry":[{"id":14663,"edition_id":1,"name":"Intake, Petition and Notice","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:49:12","date_modified":"2026-06-26 03:49:12","permalink":{"id":161621,"object_type":"structure","relational_id":14663,"identifier":"5","token":"16.1\/11\/5","url":"\/16.1\/11\/5\/","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":68644,"structure_id":14663,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","url":"\/16.1-259\/","token":"16.1\/11\/5\/16.1-259","metadata":false},{"id":57160,"structure_id":14663,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","url":"\/16.1-260\/","token":"16.1\/11\/5\/16.1-260","metadata":false},{"id":70890,"structure_id":14663,"section_number":"16.1-261","catch_line":"Statements made at intake or mental health screening and assessment","url":"\/16.1-261\/","token":"16.1\/11\/5\/16.1-261","metadata":false},{"id":62109,"structure_id":14663,"section_number":"16.1-262","catch_line":"Form and content of petition","url":"\/16.1-262\/","token":"16.1\/11\/5\/16.1-262","metadata":false},{"id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","metadata":false},{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},{"id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","metadata":false}],"previous_section":{"id":68644,"structure_id":14663,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","url":"\/16.1-259\/","token":"16.1\/11\/5\/16.1-259","metadata":false},"next_section":{"id":70890,"structure_id":14663,"section_number":"16.1-261","catch_line":"Statements made at intake or mental health screening and assessment","url":"\/16.1-261\/","token":"16.1\/11\/5\/16.1-261","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-260\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 34 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1972, chapters 672 and 835; in 1973, chapter 440; in 1977, chapter 559; in 1979, chapter 701; in 1982, chapter 91; in 1983, chapter 349; in 1985, chapter 488; in 1986, chapter 381; in 1987, chapters 203 and 632; in 1988, chapters 792 and 803; in 1990, chapter 742; in 1991, chapters 496, 511, and 534; in 1992, chapters 502, 527, and 542; in 1993, chapter 981; in 1995, chapters 347<\/a> and 429<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 1997, chapter 862<\/a>; in 1999, chapters 54<\/a>, 526<\/a>, and 952<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 587<\/a>; in 2004, chapters 105<\/a>, 255<\/a>, 309<\/a>, 416<\/a>, 517<\/a>, and 558<\/a>; in 2006, chapter 677<\/a>; in 2008, chapters 136<\/a> and 845<\/a>; in 2009, chapters 385<\/a> and 726<\/a>; in 2010, chapter 742<\/a>; in 2011, chapters 384<\/a>, 410<\/a>, and 825<\/a>; in 2012, chapter 637<\/a>; in 2013, chapter 746<\/a>; in 2014, chapters 674<\/a> and 719<\/a>; in 2016, chapter 704<\/a>; in 2018, chapters 281<\/a> and 312<\/a>; in 2019, chapters 106<\/a> and 206<\/a>; in 2020, chapters 753<\/a>, 1285<\/a>, and 1286<\/a>.<\/p>","references":[{"id":66300,"section_number":"16.1-224","catch_line":"Data submissions by court service units","order_by":null,"url":"\/16.1-224\/"},{"id":74960,"section_number":"16.1-235.1","catch_line":"Provision of court services; replacement intake officers","order_by":null,"url":"\/16.1-235.1\/"},{"id":69673,"section_number":"16.1-237","catch_line":"Powers, duties and functions of probation and parole officers","order_by":null,"url":"\/16.1-237\/"},{"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":62047,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","order_by":null,"url":"\/16.1-291\/"},{"id":74120,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","order_by":null,"url":"\/16.1-301\/"},{"id":61575,"section_number":"16.1-305.1","catch_line":"Disclosure of disposition in certain delinquency cases","order_by":null,"url":"\/16.1-305.1\/"},{"id":72253,"section_number":"16.1-305.2","catch_line":"Disclosure of notice of the filing of a petition and certain reports by division superintendent","order_by":null,"url":"\/16.1-305.2\/"},{"id":78870,"section_number":"16.1-309","catch_line":"Penalty","order_by":null,"url":"\/16.1-309\/"},{"id":70099,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","order_by":null,"url":"\/16.1-358\/"},{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"},{"id":87441,"section_number":"22.1-277","catch_line":"Suspensions and expulsions of students generally","order_by":null,"url":"\/22.1-277\/"},{"id":68197,"section_number":"22.1-277.2:1","catch_line":"Disciplinary authority of school boards under certain circumstances; alternative education program","order_by":null,"url":"\/22.1-277.2_1\/"},{"id":64442,"section_number":"22.1-279.3:1","catch_line":"Reports of certain acts to school authorities; reports of certain acts by school authorities to parents; reports of certain acts by school authorities to law enforcement","order_by":null,"url":"\/22.1-279.3_1\/"},{"id":60447,"section_number":"22.1-288.2","catch_line":"Receipt, dissemination and maintenance of records of certain law-enforcement information","order_by":null,"url":"\/22.1-288.2\/"},{"id":82615,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","order_by":null,"url":"\/22.1-3.2\/"},{"id":57854,"section_number":"22.1-360","catch_line":"Interstate Compact on Educational Opportunity for Military Children","order_by":null,"url":"\/22.1-360\/"},{"id":86900,"section_number":"22.1-378","catch_line":"Eligibility for enrollment","order_by":null,"url":"\/22.1-378\/"},{"id":73725,"section_number":"54.1-3900","catch_line":"Practice of law; student internship program; definition","order_by":null,"url":"\/54.1-3900\/"},{"id":85673,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","order_by":null,"url":"\/8.01-271.1\/"}],"refers_to":[{"id":69673,"section_number":"16.1-237","catch_line":"Powers, duties and functions of probation and parole officers","order_by":null,"url":"\/16.1-237\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":69856,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","order_by":null,"url":"\/16.1-241.3\/"},{"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":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"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":68644,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","order_by":null,"url":"\/16.1-259\/"},{"id":62109,"section_number":"16.1-262","catch_line":"Form and content of petition","order_by":null,"url":"\/16.1-262\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":67041,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","order_by":null,"url":"\/16.1-278.8_01\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":84235,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","order_by":null,"url":"\/16.1-299\/"},{"id":81114,"section_number":"16.1-309.11","catch_line":"Youth justice diversion program","order_by":null,"url":"\/16.1-309.11\/"},{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":63409,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","order_by":null,"url":"\/18.2-268.1\/"},{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":62694,"section_number":"18.2-279","catch_line":"Discharging firearms or missiles within or at building or dwelling house; penalty","order_by":null,"url":"\/18.2-279\/"},{"id":66789,"section_number":"18.2-288","catch_line":"Definitions","order_by":null,"url":"\/18.2-288\/"},{"id":86389,"section_number":"18.2-299","catch_line":"Definitions","order_by":null,"url":"\/18.2-299\/"},{"id":77418,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","order_by":null,"url":"\/18.2-30\/"},{"id":85552,"section_number":"18.2-307.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-307.1\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":82923,"section_number":"18.2-42.1","catch_line":"Acts of violence by mob","order_by":null,"url":"\/18.2-42.1\/"},{"id":60069,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","order_by":null,"url":"\/18.2-46.2\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":79704,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":77775,"section_number":"18.2-93","catch_line":"Entering bank, armed, with intent to commit larceny","order_by":null,"url":"\/18.2-93\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"},{"id":77897,"section_number":"2.2-5207","catch_line":"Family assessment and planning team; membership; immunity from liability","order_by":null,"url":"\/2.2-5207\/"},{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"},{"id":55048,"section_number":"63.2-1500","catch_line":"Repealed","order_by":null,"url":"\/63.2-1500\/"}],"permalink":{"id":161627,"object_type":"law","relational_id":57160,"identifier":"16.1-260","token":"16.1\/11\/5\/16.1-260","url":"\/16.1-260\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-260\/","token":"16.1\/11\/5\/16.1-260","dublin_core":{"Title":"Intake; petition; investigation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-260","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All matters alleged to be within the jurisdiction<\/span> of the court<\/span> shall be commenced by the filing of a petition<\/span>, except as provided in subsection H and in § 16.1-259<\/a>. The form and content of the petition<\/span> shall be as provided in § 16.1-262<\/a>. No individual shall be required to obtain support services from the Department<\/span> of Social Services prior to filing a petition<\/span> seeking support for a child. Complaints, requests, and the processing of petitions<\/span> to initiate a case shall be the responsibility of the intake officer<\/span>. However, (i) the attorney for the Commonwealth of the city or county may file a petition<\/span> on his own motion<\/span> with the clerk; (ii) designated nonattorney employees of the Department<\/span> of Social Services may complete, sign, and file petitions<\/span> and motions<\/span> relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department<\/span> of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions<\/span> for foster care review, petitions<\/span> for permanency planning hearings<\/span>, petitions<\/span> to establish paternity, motions<\/span> to establish or modify support, motions<\/span> to amend<\/span> or review an order<\/span>, and motions<\/span> for a rule to show cause; and (iv) any attorney may file petitions<\/span> on behalf of his client with the clerk except petitions<\/span> alleging that the subject of the petition<\/span> is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department<\/span> of social services in accordance with the provisions of Chapter 15 (§ 63.2-1500<\/a> et seq.) of Title 63.2. Motions<\/span> and other subsequent pleadings<\/span> in a case shall be filed directly with the clerk. The intake officer<\/span> or clerk with whom the petition<\/span> or motion<\/span> is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition<\/span> or motion<\/span> to establish, modify, or enforce an order<\/span> for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition<\/span> or motion<\/span>, together with notice of the court<\/span> date, to the Division of Child Support Enforcement. If a petitioner is seeking to establish child support, the intake officer<\/span> shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department<\/span> of Medical Assistance Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The appearance<\/span> of a child before an intake officer<\/span> may be by (i) personal appearance<\/span> before the intake officer<\/span> or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer<\/span> may exercise all powers conferred by law<\/span>. 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 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>.\n\t\t\tWhen the court<\/span> service unit of any court receives a complaint alleging facts<\/span> which may be sufficient to invoke the jurisdiction<\/span> of the court<\/span> pursuant to § 16.1-241<\/a>, the unit, through an intake officer<\/span>, may proceed informally to make such adjustment as is practicable without the filing of a petition<\/span> or may authorize a petition<\/span> to be filed by any complainant having sufficient knowledge of the matter to establish probable cause<\/span> for the issuance of the petition<\/span>.\n\t\t\tAn intake officer<\/span> may proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent only if the juvenile (a) is not alleged to have committed a violent juvenile felony<\/span> or (b) has not previously been proceeded against informally or adjudicated delinquent for an offense<\/span> that would be a felony if committed by an adult<\/span>. A petition<\/span> alleging that a juvenile committed a violent juvenile felony<\/span> shall be filed with the court<\/span>. A petition<\/span> alleging that a juvenile is delinquent for an offense<\/span> that would be a felony if committed by an adult<\/span> shall be filed with the court<\/span> if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense<\/span> that would be a felony if committed by an adult<\/span>.\n\t\t\tIf a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258<\/a> and the attendance officer has provided documentation to the intake officer<\/span> that the relevant school division has complied with the provisions of § 22.1-258<\/a>, then the intake officer<\/span> shall file a petition<\/span> with the court<\/span>. The intake officer<\/span> may defer filing the petition<\/span> and proceed informally by developing a truancy plan, provided that (1) the juvenile has not previously been proceeded against informally or adjudicated in need of supervision on more than two occasions for failure to comply with compulsory school attendance as provided in § 22.1-254<\/a> and (2) the immediately previous informal action or adjudication occurred at least three calendar years prior to the current complaint. The juvenile and his parent or parents, guardian, or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian, or other person standing in loco parentis participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as necessary to ensure the juvenile’s compliance with compulsory school attendance as provided in § 22.1-254<\/a>. The intake officer<\/span> may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department<\/span> of social services, community services<\/span> board, local school division, court service unit, and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207<\/a>. If at the end of the deferral period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer<\/span> shall file the petition<\/span>.\n\t\t\tWhenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision, or delinquent, the intake officer<\/span> shall (A) develop a plan for the juvenile, which may include restitution<\/span>, the performance of community service<\/span>, or on a complaint alleging that a child has committed a delinquent act<\/span> other than an act that would be a felony or a Class 1 misdemeanor<\/span> if committed by an adult<\/span> and with the consent of the juvenile’s parent or legal guardian, referral to a youth justice diversion<\/span> program established pursuant to § 16.1-309.11<\/a>, based upon community resources and the circumstances which resulted in the complaint, (B) create an official record of the action taken by the intake officer<\/span> and file such record in the juvenile’s case file<\/span>, and (C) advise the juvenile and the juvenile’s parent, guardian, or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts<\/span> which may be sufficient to invoke the jurisdiction<\/span> of the court<\/span> pursuant to § 16.1-241<\/a>, or in the case of a referral to a youth justice diversion<\/span> program established pursuant to § 16.1-309.11<\/a>, that any subsequent report from the youth justice diversion<\/span> program alleging that the juvenile failed to comply with the youth justice diversion<\/span> program’s sentence within 180 days of the sentencing date, may result in the filing of a petition<\/span> with the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The intake officer<\/span> shall accept and file a petition<\/span> in which it is alleged that (i) the custody<\/span>, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law<\/span>, (iii) a child or such child’s parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law<\/span>, (iv) family abuse<\/span> has occurred and a protective order<\/span> is being sought pursuant to § 16.1-253.1<\/a>, 16.1-253.4<\/a>, or 16.1-279.1<\/a>, or (v) an act of violence, force, or threat has occurred, a protective order<\/span> is being sought pursuant to § 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a>, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition<\/span>, the intake officer<\/span> may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer<\/span> believes that probable cause<\/span> does not exist, or that the authorization of a petition<\/span> will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court<\/span>, he may refuse to authorize the filing of a petition<\/span>. The intake officer<\/span> shall provide to a person seeking a protective order<\/span> pursuant to § 16.1-253.1<\/a>, 16.1-253.4<\/a>, or 16.1-279.1<\/a> a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders<\/span> pursuant to § 16.1-253.1<\/a>, 16.1-253.4<\/a>, or 16.1-279.1<\/a>. If the person is seeking a protective order<\/span> pursuant to § 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a>, the intake officer<\/span> shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders<\/span> pursuant to § 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to the filing of any petition<\/span> alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer<\/span> who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer<\/span> determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition<\/span> shall not be filed. Only after the intake officer<\/span> determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition<\/span> to be filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the intake officer<\/span> refuses to authorize a petition<\/span> relating to an offense that if committed by an adult<\/span> would be punishable as a Class 1 misdemeanor<\/span> or as a felony, when such refusal is based solely upon a finding<\/span> that no probable cause<\/span> exists, the complainant shall be notified in writing at that time of the complainant’s right to apply to a magistrate<\/span> for a warrant. The application for a warrant to the magistrate<\/span> shall be filed within 10 days of the issuance of the written notification. The written notification shall indicate that the intake officer<\/span> made a finding<\/span> that no probable cause<\/span> exists and shall provide notice that the complainant has 10 days to apply for a warrant to the magistrate<\/span>. The complainant shall provide the magistrate<\/span> with a copy of the written notification upon application to the magistrate<\/span>. If a magistrate<\/span> determines that probable cause<\/span> exists, he shall issue<\/span> a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court<\/span>, and the intake officer<\/span> shall accept and file a petition<\/span> founded upon the warrant. If the court<\/span> is closed and the magistrate<\/span> finds that the criteria for detention or shelter care<\/span> set forth in § 16.1-248.1<\/a> have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer<\/span> refuses to authorize a petition<\/span> relating to a child in need of services<\/span> or in need of supervision, a status offense<\/span>, or a misdemeanor<\/span> other than Class 1, his decision is final. If the intake officer<\/span> refuses to authorize a petition<\/span> relating to an offense that if committed by an adult<\/span> would be punishable as a Class 1 misdemeanor<\/span> or as a felony when such refusal is based upon a finding<\/span> that (i) probable cause<\/span> exists, but that (ii) the matter is appropriate for diversion<\/span>, his decision is final and the complainant shall not have a right to apply to a magistrate<\/span> for a warrant.\n\t\t\tUpon delivery to the juvenile court<\/span> of a warrant issued pursuant to subdivision 2 of § 16.1-256<\/a>, the intake officer<\/span> shall accept and file a petition<\/span> founded upon the warrant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The intake officer<\/span> shall notify the attorney for the Commonwealth of the filing of any petition<\/span> which alleges facts<\/span> of an offense which would be a felony if committed by an adult<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the provisions of Article 12 (\u00a7 16.1-299<\/a> et seq.), the intake officer<\/span> shall file a report with the division superintendent of the school division in which any student who is the subject of a petition<\/span> alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime<\/span> if committed by an adult<\/span>, or that such student who is an adult<\/span> has committed a crime<\/span> and is alleged to be within the jurisdiction<\/span> of the court<\/span>. The report shall notify the division superintendent of the filing of the petition<\/span> and the nature of the offense, if the violation involves: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A firearm offense pursuant to Article 4 (§ 18.2-279<\/a> et seq.), 5 (§ 18.2-288<\/a> et seq.), 6 (§ 18.2-299<\/a> et seq.), 6.1 (§ 18.2-307.1<\/a> et seq.), or 7 (§ 18.2-308.1<\/a> et seq.) of Chapter 7 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Homicide<\/span>, pursuant to Article 1 (§ 18.2-30<\/a> et seq.) of Chapter 4 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Felonious assault<\/span> and bodily wounding, pursuant to Article 4 (§ 18.2-51<\/a> et seq.) of Chapter 4 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Criminal sexual assault<\/span>, pursuant to Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Manufacture, sale, gift, distribution or possession<\/span> of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Arson<\/span> and related crimes<\/span>, pursuant to Article 1 (§ 18.2-77<\/a> et seq.) of Chapter 5 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Burglary<\/span> and related offenses<\/span>, pursuant to §§ 18.2-89<\/a> through 18.2-93<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Robbery<\/span> pursuant to § 18.2-58<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Prohibited criminal street gang activity pursuant to § 18.2-46.2<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Recruitment of other juveniles for a criminal street gang activity pursuant to § 18.2-46.3<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> An act of violence by a mob pursuant to § 18.2-42.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Abduction of any person pursuant to § 18.2-47<\/a> or 18.2-48<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> A threat pursuant to § 18.2-60<\/a>.\n\t\t\t\tThe failure to provide information regarding the school in which the student who is the subject of the petition<\/span> may be enrolled shall not be grounds for refusing to file a petition<\/span>.\n\t\t\t\tThe information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The filing of a petition<\/span> shall not be necessary: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of violations of the traffic laws<\/span>, including offenses<\/span> involving bicycles, hitchhiking and other pedestrian offenses<\/span>, game and fish laws<\/span>, or a violation of the ordinance<\/span> of any city regulating surfing or any ordinance<\/span> establishing curfew violations, animal control violations, or littering violations. In such cases the court<\/span> may proceed on a summons<\/span> issued by the officer investigating the violation in the same manner as provided by law<\/span> for adults<\/span>. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons<\/span> in lieu of filing a petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of § 16.1-241<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In the case of a misdemeanor<\/span> violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, or 29.1-738<\/a> or the commission of any other alcohol-related offense, provided that the juvenile is released to the custody<\/span> of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody<\/span> of a parent or legal guardian shall issue<\/span> a summons<\/span> to the juvenile and shall also issue<\/span> a summons<\/span> requiring the parent or legal guardian to appear before the court<\/span> with the juvenile. Disposition<\/span> of the charge shall be in the manner provided in § 16.1-278.8<\/a>, 16.1-278.8:01<\/a>, or 16.1-278.9<\/a>. If the juvenile so charged with a violation of § 18.2-51.4<\/a>, 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-272<\/a>, or 29.1-738<\/a> refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§ 18.2-268.1<\/a> through 18.2-268.12<\/a> or 29.1-738.2<\/a>, the provisions of these sections shall be followed except that the magistrate<\/span> shall authorize execution of the warrant as a summons<\/span>. The summons<\/span> shall be served on a parent or legal guardian and the juvenile, and a copy of the summons<\/span> shall be forwarded to the court<\/span> in which the violation is to be tried. When a violation of § 4.1-305<\/a> is charged by summons<\/span>, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B, provided that such right is exercised by written notification to the clerk not later than 10 days prior to trial<\/span>. At the time such summons<\/span> alleging a violation of § 4.1-305<\/a> is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court<\/span>. If the officer fails to make such service or return, the court<\/span> shall dismiss the summons<\/span> without prejudice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the case of offenses<\/span> which, if committed by an adult<\/span>, would be punishable as a Class 3 or Class 4 misdemeanor<\/span>. In such cases the court<\/span> may direct that an intake officer<\/span> proceed as provided in § 16.1-237<\/a> on a summons<\/span> issued by the officer investigating the violation in the same manner as provided by law<\/span> for adults<\/span> provided that notice of the summons<\/span> to appear is mailed by the investigating officer within five days of the issuance of the summons<\/span> to a parent or legal guardian of the juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Failure to comply with the procedures set forth in this section shall not divest the juvenile court<\/span> of the jurisdiction<\/span> granted it in § 16.1-241<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTAKE; PETITION; INVESTIGATION (\u00a7 16.1-260)\n\nA. All matters alleged to be within the jurisdiction of the court shall be\ncommenced by the filing of a petition, except as provided in subsection H and in\n§ 16.1-259. The form and content of the petition shall be as provided in\n§ 16.1-262. No individual shall be required to obtain support services from\nthe Department of Social Services prior to filing a petition seeking support for\na child. Complaints, requests, and the processing of petitions to initiate a\ncase shall be the responsibility of the intake officer. However, (i) the\nattorney for the Commonwealth of the city or county may file a petition on his\nown motion with the clerk; (ii) designated nonattorney employees of the\nDepartment of Social Services may complete, sign, and file petitions and motions\nrelating to the establishment, modification, or enforcement of support on forms\napproved by the Supreme Court of Virginia with the clerk; (iii) designated\nnonattorney employees of a local department of social services may complete,\nsign, and file with the clerk, on forms approved by the Supreme Court of\nVirginia, petitions for foster care review, petitions for permanency planning\nhearings, petitions to establish paternity, motions to establish or modify\nsupport, motions to amend or review an order, and motions for a rule to show\ncause; and (iv) any attorney may file petitions on behalf of his client with the\nclerk except petitions alleging that the subject of the petition is a child\nalleged to be in need of services, in need of supervision, or delinquent.\nComplaints alleging abuse or neglect of a child shall be referred initially to\nthe local department of social services in accordance with the provisions of\nChapter 15 (§ 63.2-1500 et seq.) of Title 63.2. Motions and other\nsubsequent pleadings in a case shall be filed directly with the clerk. The\nintake officer or clerk with whom the petition or motion is filed shall inquire\nwhether the petitioner is receiving child support services or public assistance.\nNo individual who is receiving support services or public assistance shall be\ndenied the right to file a petition or motion to establish, modify, or enforce\nan order for support of a child. If the petitioner is seeking or receiving child\nsupport services or public assistance, the clerk, upon issuance of process,\nshall forward a copy of the petition or motion, together with notice of the\ncourt date, to the Division of Child Support Enforcement. If a petitioner is\nseeking to establish child support, the intake officer shall provide the\npetitioner information on the possible availability of medical assistance\nthrough the Family Access to Medical Insurance Security (FAMIS) plan or other\ngovernment-sponsored coverage through the Department of Medical Assistance\nServices.\n\nB. The appearance of a child before an intake officer may be by (i) personal\nappearance before the intake officer or (ii) use of two-way electronic video and\naudio communication. If two-way electronic video and audio communication is\nused, an intake officer may exercise all powers conferred by law. All\ncommunications and proceedings shall be conducted in the same manner as if the\nappearance were in person, and any documents filed may be transmitted by\nfacsimile process. The facsimile may be served or executed by the officer or\nperson to whom sent, and returned in the same manner, and with the same force,\neffect, authority, and liability as an original document. All signatures thereon\nshall be treated as original signatures. Any two-way electronic video and audio\ncommunication system used for an appearance shall meet the standards as set\nforth in subsection B of § 19.2-3.1.\n\t\t\tWhen the court service unit of any court receives a complaint alleging facts\nwhich may be sufficient to invoke the jurisdiction of the court pursuant to\n§ 16.1-241, the unit, through an intake officer, may proceed informally to\nmake such adjustment as is practicable without the filing of a petition or may\nauthorize a petition to be filed by any complainant having sufficient knowledge\nof the matter to establish probable cause for the issuance of the petition.\n\t\t\tAn intake officer may proceed informally on a complaint alleging a child is\nin need of services, in need of supervision, or delinquent only if the juvenile\n(a) is not alleged to have committed a violent juvenile felony or (b) has not\npreviously been proceeded against informally or adjudicated delinquent for an\noffense that would be a felony if committed by an adult. A petition alleging\nthat a juvenile committed a violent juvenile felony shall be filed with the\ncourt. A petition alleging that a juvenile is delinquent for an offense that\nwould be a felony if committed by an adult shall be filed with the court if the\njuvenile had previously been proceeded against informally by intake or had been\nadjudicated delinquent for an offense that would be a felony if committed by an\nadult.\n\t\t\tIf a juvenile is alleged to be a truant pursuant to a complaint filed in\naccordance with § 22.1-258 and the attendance officer has provided\ndocumentation to the intake officer that the relevant school division has\ncomplied with the provisions of § 22.1-258, then the intake officer shall\nfile a petition with the court. The intake officer may defer filing the petition\nand proceed informally by developing a truancy plan, provided that (1) the\njuvenile has not previously been proceeded against informally or adjudicated in\nneed of supervision on more than two occasions for failure to comply with\ncompulsory school attendance as provided in § 22.1-254 and (2) the\nimmediately previous informal action or adjudication occurred at least three\ncalendar years prior to the current complaint. The juvenile and his parent or\nparents, guardian, or other person standing in loco parentis must agree, in\nwriting, for the development of a truancy plan. The truancy plan may include\nrequirements that the juvenile and his parent or parents, guardian, or other\nperson standing in loco parentis participate in such programs, cooperate in such\ntreatment, or be subject to such conditions and limitations as necessary to\nensure the juvenile’s compliance with compulsory school attendance as\nprovided in § 22.1-254. The intake officer may refer the juvenile to the\nappropriate public agency for the purpose of developing a truancy plan using an\ninteragency interdisciplinary team approach. The team may include qualified\npersonnel who are reasonably available from the appropriate department of social\nservices, community services board, local school division, court service unit,\nand other appropriate and available public and private agencies and may be the\nfamily assessment and planning team established pursuant to § 2.2-5207. If\nat the end of the deferral period the juvenile has not successfully completed\nthe truancy plan or the truancy program, then the intake officer shall file the\npetition.\n\t\t\tWhenever informal action is taken as provided in this subsection on a\ncomplaint alleging that a child is in need of services, in need of supervision,\nor delinquent, the intake officer shall (A) develop a plan for the juvenile,\nwhich may include restitution, the performance of community service, or on a\ncomplaint alleging that a child has committed a delinquent act other than an act\nthat would be a felony or a Class 1 misdemeanor if committed by an adult and\nwith the consent of the juvenile’s parent or legal guardian, referral to a\nyouth justice diversion program established pursuant to § 16.1-309.11,\nbased upon community resources and the circumstances which resulted in the\ncomplaint, (B) create an official record of the action taken by the intake\nofficer and file such record in the juvenile’s case file, and (C) advise\nthe juvenile and the juvenile’s parent, guardian, or other person standing\nin loco parentis and the complainant that any subsequent complaint alleging that\nthe child is in need of supervision or delinquent based upon facts which may be\nsufficient to invoke the jurisdiction of the court pursuant to § 16.1-241,\nor in the case of a referral to a youth justice diversion program established\npursuant to § 16.1-309.11, that any subsequent report from the youth\njustice diversion program alleging that the juvenile failed to comply with the\nyouth justice diversion program’s sentence within 180 days of the\nsentencing date, may result in the filing of a petition with the court.\n\nC. The intake officer shall accept and file a petition in which it is alleged\nthat (i) the custody, visitation, or support of a child is the subject of\ncontroversy or requires determination, (ii) a person has deserted, abandoned, or\nfailed to provide support for any person in violation of law, (iii) a child or\nsuch child’s parent, guardian, legal custodian, or other person standing\nin loco parentis is entitled to treatment, rehabilitation, or other services\nwhich are required by law, (iv) family abuse has occurred and a protective order\nis being sought pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v)\nan act of violence, force, or threat has occurred, a protective order is being\nsought pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the\nalleged victim or the respondent is a juvenile. If any such complainant does not\nfile a petition, the intake officer may file it. In cases in which a child is\nalleged to be abused, neglected, in need of services, in need of supervision, or\ndelinquent, if the intake officer believes that probable cause does not exist,\nor that the authorization of a petition will not be in the best interest of the\nfamily or juvenile or that the matter may be effectively dealt with by some\nagency other than the court, he may refuse to authorize the filing of a\npetition. The intake officer shall provide to a person seeking a protective\norder pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written\nexplanation of the conditions, procedures and time limits applicable to the\nissuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or\n16.1-279.1. If the person is seeking a protective order pursuant to §\n19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a\nwritten explanation of the conditions, procedures, and time limits applicable to\nthe issuance of protective orders pursuant to § 19.2-152.8, 19.2-152.9, or\n19.2-152.10.\n\nD. Prior to the filing of any petition alleging that a child is in need of\nsupervision, the matter shall be reviewed by an intake officer who shall\ndetermine whether the petitioner and the child alleged to be in need of\nsupervision have utilized or attempted to utilize treatment and services\navailable in the community and have exhausted all appropriate nonjudicial\nremedies which are available to them. When the intake officer determines that\nthe parties have not attempted to utilize available treatment or services or\nhave not exhausted all appropriate nonjudicial remedies which are available, he\nshall refer the petitioner and the child alleged to be in need of supervision to\nthe appropriate agency, treatment facility, or individual to receive treatment\nor services, and a petition shall not be filed. Only after the intake officer\ndetermines that the parties have made a reasonable effort to utilize available\ncommunity treatment or services may he permit the petition to be filed.\n\nE. If the intake officer refuses to authorize a petition relating to an offense\nthat if committed by an adult would be punishable as a Class 1 misdemeanor or as\na felony, when such refusal is based solely upon a finding that no probable\ncause exists, the complainant shall be notified in writing at that time of the\ncomplainant’s right to apply to a magistrate for a warrant. The\napplication for a warrant to the magistrate shall be filed within 10 days of the\nissuance of the written notification. The written notification shall indicate\nthat the intake officer made a finding that no probable cause exists and shall\nprovide notice that the complainant has 10 days to apply for a warrant to the\nmagistrate. The complainant shall provide the magistrate with a copy of the\nwritten notification upon application to the magistrate. If a magistrate\ndetermines that probable cause exists, he shall issue a warrant returnable to\nthe juvenile and domestic relations district court. The warrant shall be\ndelivered forthwith to the juvenile court, and the intake officer shall accept\nand file a petition founded upon the warrant. If the court is closed and the\nmagistrate finds that the criteria for detention or shelter care set forth in\n§ 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to\nthe warrant issued in accordance with this subsection. If the intake officer\nrefuses to authorize a petition relating to a child in need of services or in\nneed of supervision, a status offense, or a misdemeanor other than Class 1, his\ndecision is final. If the intake officer refuses to authorize a petition\nrelating to an offense that if committed by an adult would be punishable as a\nClass 1 misdemeanor or as a felony when such refusal is based upon a finding\nthat (i) probable cause exists, but that (ii) the matter is appropriate for\ndiversion, his decision is final and the complainant shall not have a right to\napply to a magistrate for a warrant.\n\t\t\tUpon delivery to the juvenile court of a warrant issued pursuant to\nsubdivision 2 of § 16.1-256, the intake officer shall accept and file a\npetition founded upon the warrant.\n\nF. The intake officer shall notify the attorney for the Commonwealth of the\nfiling of any petition which alleges facts of an offense which would be a felony\nif committed by an adult.\n\nG. Notwithstanding the provisions of Article 12 (\u00a7 16.1-299 et seq.), the\nintake officer shall file a report with the division superintendent of the\nschool division in which any student who is the subject of a petition alleging\nthat such student who is a juvenile has committed an act, wherever committed,\nwhich would be a crime if committed by an adult, or that such student who is an\nadult has committed a crime and is alleged to be within the jurisdiction of the\ncourt. The report shall notify the division superintendent of the filing of the\npetition and the nature of the offense, if the violation involves:\n\n 1. A firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5\n (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1\n et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;\n\n 2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of\n Title 18.2;\n\n 3. Felonious assault and bodily wounding, pursuant to Article 4 (§\n 18.2-51 et seq.) of Chapter 4 of Title 18.2;\n\n 4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of\n Chapter 4 of Title 18.2;\n\n 5. Manufacture, sale, gift, distribution or possession of Schedule I or II\n controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of\n Chapter 7 of Title 18.2;\n\n 6. Manufacture, sale or distribution of marijuana pursuant to Article 1\n (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;\n\n 7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of\n Chapter 5 of Title 18.2;\n\n 8. Burglary and related offenses, pursuant to §§ 18.2-89 through\n 18.2-93;\n\n 9. Robbery pursuant to § 18.2-58;\n\n 10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;\n\n 11. Recruitment of other juveniles for a criminal street gang activity\n pursuant to § 18.2-46.3;\n\n 12. An act of violence by a mob pursuant to § 18.2-42.1;\n\n 13. Abduction of any person pursuant to § 18.2-47 or 18.2-48; or\n\n 14. A threat pursuant to § 18.2-60.\n \t\t\t\tThe failure to provide information regarding the school in which the\n student who is the subject of the petition may be enrolled shall not be\n grounds for refusing to file a petition.\n \t\t\t\tThe information provided to a division superintendent pursuant to this\n section may be disclosed only as provided in § 16.1-305.2.\n\nH. The filing of a petition shall not be necessary:\n\n 1. In the case of violations of the traffic laws, including offenses involving\n bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a\n violation of the ordinance of any city regulating surfing or any ordinance\n establishing curfew violations, animal control violations, or littering\n violations. In such cases the court may proceed on a summons issued by the\n officer investigating the violation in the same manner as provided by law for\n adults. Additionally, an officer investigating a motor vehicle accident may,\n at the scene of the accident or at any other location where a juvenile who is\n involved in such an accident may be located, proceed on a summons in lieu of\n filing a petition.\n\n 2. In the case of seeking consent to apply for the issuance of a work permit\n pursuant to subsection H of § 16.1-241.\n\n 3. In the case of a misdemeanor violation of § 18.2-266, 18.2-266.1, or\n 29.1-738 or the commission of any other alcohol-related offense, provided that\n the juvenile is released to the custody of a parent or legal guardian pending\n the initial court date. The officer releasing a juvenile to the custody of a\n parent or legal guardian shall issue a summons to the juvenile and shall also\n issue a summons requiring the parent or legal guardian to appear before the\n court with the juvenile. Disposition of the charge shall be in the manner\n provided in § 16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile\n so charged with a violation of § 18.2-51.4, 18.2-266, 18.2-266.1,\n 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or\n samples of both blood and breath for chemical analysis pursuant to\n §§ 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of\n these sections shall be followed except that the magistrate shall authorize\n execution of the warrant as a summons. The summons shall be served on a parent\n or legal guardian and the juvenile, and a copy of the summons shall be\n forwarded to the court in which the violation is to be tried. When a violation\n of § 4.1-305 is charged by summons, the juvenile shall be entitled to\n have the charge referred to intake for consideration of informal proceedings\n pursuant to subsection B, provided that such right is exercised by written\n notification to the clerk not later than 10 days prior to trial. At the time\n such summons alleging a violation of § 4.1-305 is served, the officer\n shall also serve upon the juvenile written notice of the right to have the\n charge referred to intake on a form approved by the Supreme Court and make\n return of such service to the court. If the officer fails to make such service\n or return, the court shall dismiss the summons without prejudice.\n\n 4. In the case of offenses which, if committed by an adult, would be\n punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may\n direct that an intake officer proceed as provided in § 16.1-237 on a\n summons issued by the officer investigating the violation in the same manner\n as provided by law for adults provided that notice of the summons to appear is\n mailed by the investigating officer within five days of the issuance of the\n summons to a parent or legal guardian of the juvenile.\n\nI. Failure to comply with the procedures set forth in this section shall not\ndivest the juvenile court of the jurisdiction granted it in § 16.1-241.\n\nHISTORY: Code 1950, \u00a7 16.1-164; 1956, c. 555; 1972, cc. 672, 835; 1973, c. 440;\n1977, c. 559; 1979, c. 701; 1982, c. 91; 1983, c. 349; 1985, c. 488; 1986, c.\n381; 1987, cc. 203, 632; 1988, cc. 792, 803; 1990, c. 742; 1991, cc. 496, 511,\n534; 1992, cc. 502, 527, 542; 1993, c. 981; 1995, cc. 347, 429; 1996, cc. 755,\n914; 1997, c. 862; 1999, cc. 54, 526, 952; 2002, c. 747; 2003, c. 587; 2004, cc.\n105, 255, 309, 416, 517, 558; 2006, c. 677; 2008, cc. 136, 845; 2009, cc. 385,\n726; 2010, c. 742; 2011, cc. 384, 410, 825; 2012, c. 637; 2013, c. 746; 2014,\ncc. 674, 719; 2016, c. 704; 2018, cc. 281, 312; 2019, cc. 106, 206; 2020, cc.\n753, 1285, 1286; 2021, Sp. Sess. I, cc. 30, 206, 457, 550, 551.","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}}