{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.8.html"}],"law_id":62824,"edition_id":1,"section_id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","history":"1991, c. 534; 1992, c. 830; 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 318; 1999, cc. 350, 622; 2000, cc. 954, 978, 981, 988, 1020, 1041; 2004, cc. 325, 462; 2005, c. 810; 2009, cc. 813, 840; 2014, cc. 20, 249; 2017, c. 623; 2021, Sp. Sess. I, c. 115; 2022, cc. 305, 414, 415.","full_text":"A\n\nIf a juvenile is found to be delinquent, except where such finding involves a refusal to take a breath test in violation of \u00a7 18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:1\n\nEnter an order pursuant to the provisions of § 16.1-278;2\n\nPermit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;3\n\nOrder the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;4\n\nDefer disposition for a specific period of time established by the court with due regard for the gravity of the offense and the juvenile’s history, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;5\n\nWithout entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a specific period of time established by the court with due regard for the gravity of the offense and the juvenile’s history, and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;6\n\nOrder the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;7\n\nPlace the juvenile on probation under such conditions and limitations as the court may prescribe;\n\t\t\t\t7a. Place the juvenile on probation and order treatment for the abuse or dependence on alcohol or drugs in a program licensed by the Department of Behavioral Health and Developmental Services for the treatment of juveniles for substance abuse provided that (i) the juvenile has received a substance abuse screening and assessment pursuant to § 16.1-273 and that such assessment reasonably indicates that the commission of the offense was motivated by, or closely related to, the habitual use of alcohol or drugs and indicates that the juvenile is in need of treatment for this condition; (ii) the juvenile has not previously been and is not currently being adjudicated for a violent juvenile felony; and (iii) such facility is available. Upon the juvenile’s withdrawal, removal, or refusal to comply with the conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition authorized by this section. The court shall review such placements at 30-day intervals;8\n\nImpose a fine not to exceed $500 upon such juvenile;9\n\nSuspend the motor vehicle and driver’s license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver’s license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order that identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.\n\t\t\t\tIf a curfew is imposed, the juvenile shall surrender his driver’s license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.\n\t\t\t\tAny juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301.\n\t\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s license to any juvenile denied a driver’s license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;10\n\nRequire the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;11\n\nRequire the juvenile to participate in a public service project under such conditions as the court prescribes;12\n\nIn case of traffic violations, impose only those penalties that are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;13\n\nTransfer legal custody to any of the following:\n\t\t\t\ta. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;\n\t\t\t\tb. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or\n\t\t\t\tc. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;14\n\nUnless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, commit the juvenile to the Department of Juvenile Justice, but only if (i) he is 11 years of age or older and has been adjudicated delinquent of an act enumerated in subsection B or C of § 16.1-269.1 or (ii) he is 14 years of age or older and the current offense is (a) an offense that would be a felony if committed by an adult, (b) an offense that would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense that would be a felony if committed by an adult, or (c) an offense that would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent of three or more offenses that would be a Class 1 misdemeanor if committed by an adult, and each such offense was not a part of a common act, transaction or scheme;15\n\nImpose the penalty authorized by § 16.1-284;16\n\nImpose the penalty authorized by § 16.1-284.1;17\n\nUnless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, impose the penalty authorized by § 16.1-285.1;18\n\nImpose the penalty authorized by § 16.1-278.9; or19\n\nRequire the juvenile to participate in a gang-activity prevention program including, but not limited to, programs funded under the Virginia Juvenile Community Crime Control Act pursuant to § 16.1-309.7, if available, when a juvenile has been found delinquent of any of the following violations: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147, or any violation of a local ordinance adopted pursuant to § 15.2-1812.2.B\n\nIf the court finds a juvenile delinquent of any of the following offenses, the court shall require the juvenile to make at least partial restitution or reparation for any property damage, for loss caused by the offense, or for actual medical expenses incurred by the victim as a result of the offense: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147; or for any violation of a local ordinance adopted pursuant to § 15.2-1812.2. The court shall further require the juvenile to participate in a community service project under such conditions as the court prescribes.","order_by":null,"text":{"0":{"id":229002,"text":"If a juvenile is found to be delinquent, except where such finding involves a refusal to take a breath test in violation of \u00a7 18.2-268.2 or a similar ordinance, the juvenile court or the circuit court may make any of the following orders of disposition for his supervision, care and rehabilitation:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":229003,"text":"Enter an order pursuant to the provisions of § 16.1-278;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":229004,"text":"Permit the juvenile to remain with his parent, subject to such conditions and limitations as the court may order with respect to the juvenile and his parent;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":229005,"text":"Order the parent of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile and his parent;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":229006,"text":"Defer disposition for a specific period of time established by the court with due regard for the gravity of the offense and the juvenile’s history, after which time the charge may be dismissed by the judge if the juvenile exhibits good behavior during the period for which disposition is deferred;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":229007,"text":"Without entering a judgment of guilty and with the consent of the juvenile and his attorney, defer disposition of the delinquency charge for a specific period of time established by the court with due regard for the gravity of the offense and the juvenile’s history, and place the juvenile on probation under such conditions and limitations as the court may prescribe. Upon fulfillment of the terms and conditions, the court shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without adjudication of guilt;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":229008,"text":"Order the parent of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court may order and as are designed for the rehabilitation of the juvenile where the court determines this participation to be in the best interest of the juvenile and other parties concerned and where the court determines it reasonable to expect the parent to be able to comply with such order;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":229009,"text":"Place the juvenile on probation under such conditions and limitations as the court may prescribe;\n\t\t\t\t7a. Place the juvenile on probation and order treatment for the abuse or dependence on alcohol or drugs in a program licensed by the Department of Behavioral Health and Developmental Services for the treatment of juveniles for substance abuse provided that (i) the juvenile has received a substance abuse screening and assessment pursuant to § 16.1-273 and that such assessment reasonably indicates that the commission of the offense was motivated by, or closely related to, the habitual use of alcohol or drugs and indicates that the juvenile is in need of treatment for this condition; (ii) the juvenile has not previously been and is not currently being adjudicated for a violent juvenile felony; and (iii) such facility is available. Upon the juvenile’s withdrawal, removal, or refusal to comply with the conditions of participation in the program, he shall be brought before the court for a hearing at which the court may impose any other disposition authorized by this section. The court shall review such placements at 30-day intervals;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":229010,"text":"Impose a fine not to exceed $500 upon such juvenile;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":229011,"text":"Suspend the motor vehicle and driver’s license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver’s license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court may order. The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order that identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department of Motor Vehicles.\n\t\t\t\tIf a curfew is imposed, the juvenile shall surrender his driver’s license, which shall be held in the physical custody of the court during any period of curfew restriction. The court shall send an abstract of any order issued under the provisions of this section to the Department of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. A copy of the court order, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order in accordance with its terms.\n\t\t\t\tAny juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301.\n\t\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s license to any juvenile denied a driver’s license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order imposing the curfew;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":229012,"text":"Require the juvenile to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the juvenile was found to be delinquent;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":229013,"text":"Require the juvenile to participate in a public service project under such conditions as the court prescribes;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":229014,"text":"In case of traffic violations, impose only those penalties that are authorized to be imposed on adults for such violations. However, for those violations punishable by confinement if committed by an adult, confinement shall be imposed only as authorized by this title;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":229015,"text":"Transfer legal custody to any of the following:\n\t\t\t\ta. A relative or other individual who, after study, is found by the court to be qualified to receive and care for the juvenile;\n\t\t\t\tb. A child welfare agency, private organization or facility that is licensed or otherwise authorized by law to receive and provide care for such juvenile. The court shall not transfer legal custody of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director; or\n\t\t\t\tc. The local board of social services of the county or city in which the court has jurisdiction or, at the discretion of the court, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court has jurisdiction. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court has jurisdiction, such local board may be required to temporarily accept a juvenile for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Nothing herein shall limit the authority of the court to review the child’s status in foster care in accordance with subsection G of § 16.1-281 or to review the foster care plan through a petition filed pursuant to subsection A of § 16.1-282. Any order authorizing removal from the home and transferring legal custody of a juvenile to a local board of social services as provided in this subdivision shall be entered only upon a finding by the court that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":229016,"text":"Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, commit the juvenile to the Department of Juvenile Justice, but only if (i) he is 11 years of age or older and has been adjudicated delinquent of an act enumerated in subsection B or C of § 16.1-269.1 or (ii) he is 14 years of age or older and the current offense is (a) an offense that would be a felony if committed by an adult, (b) an offense that would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense that would be a felony if committed by an adult, or (c) an offense that would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent of three or more offenses that would be a Class 1 misdemeanor if committed by an adult, and each such offense was not a part of a common act, transaction or scheme;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":229017,"text":"Impose the penalty authorized by § 16.1-284;","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":229018,"text":"Impose the penalty authorized by § 16.1-284.1;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":229019,"text":"Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273, impose the penalty authorized by § 16.1-285.1;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":229020,"text":"Impose the penalty authorized by § 16.1-278.9; or","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":229021,"text":"Require the juvenile to participate in a gang-activity prevention program including, but not limited to, programs funded under the Virginia Juvenile Community Crime Control Act pursuant to § 16.1-309.7, if available, when a juvenile has been found delinquent of any of the following violations: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147, or any violation of a local ordinance adopted pursuant to § 15.2-1812.2.","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"B"},"20":{"id":229022,"text":"If the court finds a juvenile delinquent of any of the following offenses, the court shall require the juvenile to make at least partial restitution or reparation for any property damage, for loss caused by the offense, or for actual medical expenses incurred by the victim as a result of the offense: § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57, 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or 18.2-147; or for any violation of a local ordinance adopted pursuant to § 15.2-1812.2. The court shall further require the juvenile to participate in a community service project under such conditions as the court prescribes.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A19"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","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":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; 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approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},"next_section":{"id":67041,"structure_id":13006,"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","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.8\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 534 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 12 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 1992, chapter 830; in 1994, chapters 859<\/a> and 949<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 1997, chapter 318<\/a>; in 1999, chapters 350<\/a> and 622<\/a>; in 2000, chapters 954<\/a>, 978<\/a>, 981<\/a>, 988<\/a>, 1020<\/a>, and 1041<\/a>; in 2004, chapters 325<\/a> and 462<\/a>; in 2005, chapter 810<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2014, chapters 20<\/a> and 249<\/a>; in 2017, chapter 623<\/a>; in 2022, chapters 305<\/a>, 414<\/a>, and 415<\/a>.<\/p>","references":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":68027,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","order_by":null,"url":"\/16.1-275\/"},{"id":81073,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","order_by":null,"url":"\/16.1-278.11\/"},{"id":80876,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","order_by":null,"url":"\/16.1-278.7\/"},{"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":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":54157,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","order_by":null,"url":"\/16.1-284.1\/"},{"id":84274,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","order_by":null,"url":"\/16.1-286\/"},{"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":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":77615,"section_number":"16.1-293.1","catch_line":"Mental health services transition plan","order_by":null,"url":"\/16.1-293.1\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":54404,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","order_by":null,"url":"\/16.1-298\/"},{"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":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":80744,"section_number":"16.1-330.1","catch_line":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","order_by":null,"url":"\/16.1-330.1\/"},{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"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":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":67477,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","order_by":null,"url":"\/4.1-1105.1\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":80427,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","order_by":null,"url":"\/63.2-906\/"},{"id":83009,"section_number":"66-14","catch_line":"Allowance for maintenance of children placed by Commonwealth in private homes, etc","order_by":null,"url":"\/66-14\/"},{"id":84350,"section_number":"66-17","catch_line":"Disposition of property left by child","order_by":null,"url":"\/66-17\/"}],"refers_to":[{"id":79991,"section_number":"15.2-1812.2","catch_line":"Willful and malicious damage to or defacement of public or private facilities; penalty","order_by":null,"url":"\/15.2-1812.2\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":61839,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","order_by":null,"url":"\/16.1-278\/"},{"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":58560,"section_number":"16.1-281","catch_line":"Foster care plan","order_by":null,"url":"\/16.1-281\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":61757,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","order_by":null,"url":"\/16.1-284\/"},{"id":54157,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","order_by":null,"url":"\/16.1-284.1\/"},{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"},{"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":66785,"section_number":"16.1-309.7","catch_line":"Determination of payment","order_by":null,"url":"\/16.1-309.7\/"},{"id":68767,"section_number":"18.2-121","catch_line":"Entering property of another for purpose of damaging it, etc.; penalties","order_by":null,"url":"\/18.2-121\/"},{"id":78721,"section_number":"18.2-127","catch_line":"Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty","order_by":null,"url":"\/18.2-127\/"},{"id":85982,"section_number":"18.2-128","catch_line":"Trespass upon church or school property","order_by":null,"url":"\/18.2-128\/"},{"id":83724,"section_number":"18.2-137","catch_line":"Injuring, etc., any property, monument, etc","order_by":null,"url":"\/18.2-137\/"},{"id":71615,"section_number":"18.2-138","catch_line":"Damaging public buildings, etc.; penalty","order_by":null,"url":"\/18.2-138\/"},{"id":86932,"section_number":"18.2-146","catch_line":"Breaking, injuring, defacing, destroying, or preventing the operation of vehicle, aircraft, boat, or vessel; penalties","order_by":null,"url":"\/18.2-146\/"},{"id":85279,"section_number":"18.2-147","catch_line":"Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions","order_by":null,"url":"\/18.2-147\/"},{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"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":72165,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","order_by":null,"url":"\/18.2-51.1\/"},{"id":60388,"section_number":"18.2-52","catch_line":"Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire","order_by":null,"url":"\/18.2-52\/"},{"id":63001,"section_number":"18.2-53","catch_line":"Shooting, etc., in committing or attempting a felony","order_by":null,"url":"\/18.2-53\/"},{"id":82347,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","order_by":null,"url":"\/18.2-55\/"},{"id":86902,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","order_by":null,"url":"\/18.2-56\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":54237,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","order_by":null,"url":"\/46.2-301\/"}],"permalink":{"id":161867,"object_type":"law","relational_id":62824,"identifier":"16.1-278.8","token":"16.1\/11\/9\/16.1-278.8","url":"\/16.1-278.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","dublin_core":{"Title":"Delinquent juveniles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a juvenile is found to be delinquent, except where such finding<\/span> involves a refusal to take a breath test in violation of \u00a7 18.2-268.2<\/a> or a similar ordinance<\/span>, the juvenile court<\/span> or the circuit<\/span> court may make any of the following orders<\/span> of disposition<\/span> for his supervision, care and rehabilitation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enter an order<\/span> pursuant to the provisions of § 16.1-278<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit the juvenile to remain with his parent<\/span>, subject to such conditions and limitations as the court<\/span> may order<\/span> with respect to the juvenile and his parent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Order<\/span> the parent<\/span> of a juvenile living with him to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court<\/span> may order<\/span> and as are designed for the rehabilitation of the juvenile and his parent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Defer disposition<\/span> for a specific period of time established by the court<\/span> with due regard for the gravity of the offense<\/span> and the juvenile’s history, after which time the charge may be dismissed by the judge<\/span> if the juvenile exhibits good behavior during the period for which disposition<\/span> is deferred; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Without entering a judgment<\/span> of guilty and with the consent of the juvenile and his attorney, defer disposition<\/span> of the delinquency charge for a specific period of time established by the court<\/span> with due regard for the gravity of the offense<\/span> and the juvenile’s history, and place the juvenile on probation<\/span> under such conditions and limitations as the court<\/span> may prescribe. Upon fulfillment of the terms and conditions, the court<\/span> shall discharge the juvenile and dismiss the proceedings against him. Discharge and dismissal<\/span> under these provisions shall be without adjudication of guilt; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Order<\/span> the parent<\/span> of a juvenile with whom the juvenile does not reside to participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as the court<\/span> may order<\/span> and as are designed for the rehabilitation of the juvenile where the court<\/span> determines this participation to be in the best interest of the juvenile and other parties concerned and where the court<\/span> determines it reasonable to expect the parent<\/span> to be able to comply with such order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Place the juvenile on probation<\/span> under such conditions and limitations as the court<\/span> may prescribe;\n\t\t\t\t7a. Place the juvenile on probation<\/span> and order<\/span> treatment for the abuse or dependence on alcohol or drugs in a program licensed by the Department<\/span> of Behavioral Health and Developmental Services for the treatment of juveniles for substance abuse provided that (i) the juvenile has received a substance abuse screening and assessment pursuant to § 16.1-273<\/a> and that such assessment reasonably indicates that the commission of the offense<\/span> was motivated by, or closely related to, the habitual use of alcohol or drugs and indicates that the juvenile is in need of treatment for this condition; (ii) the juvenile has not previously been and is not currently being adjudicated for a violent juvenile felony<\/span>; and (iii) such facility is available. Upon the juvenile’s withdrawal, removal, or refusal to comply with the conditions of participation in the program, he shall be brought before the court<\/span> for a hearing<\/span> at which the court<\/span> may impose any other disposition<\/span> authorized by this section. The court<\/span> shall review such placements at 30-day intervals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Impose a fine not to exceed $500 upon such juvenile; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Suspend the motor vehicle and driver’s license of such juvenile or impose a curfew on the juvenile as to the hours during which he may operate a motor vehicle. Any juvenile whose driver’s license is suspended may be referred for an assessment and subsequent referral to appropriate services, upon such terms and conditions as the court<\/span> may order. The court<\/span>, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any juvenile who enters such program for any of the purposes set forth in subsection E of § 18.2-271.1<\/a> or for travel to and from school. The restricted permit shall be issued in accordance with the provisions of such subsection. However, only an abstract of the court order<\/span> that identifies the juvenile and the conditions under which the restricted license is to be issued shall be sent to the Department<\/span> of Motor Vehicles.\n\t\t\t\tIf a curfew is imposed, the juvenile shall surrender his driver’s license, which shall be held in the physical custody<\/span> of the court<\/span> during any period of curfew restriction. The court<\/span> shall send an abstract of any order issued under the provisions of this section to the Department<\/span> of Motor Vehicles, which shall preserve a record thereof. Notwithstanding the provisions of Article 12 (§ 16.1-299<\/a> et seq.) of this chapter or the provisions of Title 46.2, this record shall be available only to all law<\/span>-enforcement officers, attorneys for the Commonwealth and courts<\/span>. A copy of the court order<\/span>, upon which shall be noted all curfew restrictions, shall be provided to the juvenile and shall contain such information regarding the juvenile as is reasonably necessary to identify him. The juvenile may operate a motor vehicle under the court order<\/span> in accordance with its terms.\n\t\t\t\tAny juvenile who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301<\/a>.\n\t\t\t\tThe Department<\/span> of Motor Vehicles shall refuse to issue<\/span> a driver’s license to any juvenile denied a driver’s license until such time as is stipulated in the court order<\/span> or until notification by the court<\/span> of withdrawal of the order imposing the curfew; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Require the juvenile to make restitution<\/span> or reparation to the aggrieved party<\/span> or parties for actual damages<\/span> or loss caused by the offense<\/span> for which the juvenile was found to be delinquent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Require the juvenile to participate in a public service project<\/span> under such conditions as the court<\/span> prescribes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> In case of traffic violations, impose only those penalties that are authorized to be imposed on adults<\/span> for such violations. However, for those violations punishable by confinement if committed by an adult<\/span>, confinement shall be imposed only as authorized by this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Transfer legal custody<\/span> to any of the following:\n\t\t\t\ta. A relative or other individual who, after study, is found by the court<\/span> to be qualified to receive and care for the juvenile;\n\t\t\t\tb. A child welfare agency<\/span>, private organization or facility that is licensed or otherwise authorized by law<\/span> to receive and provide care for such juvenile. The court<\/span> shall not transfer legal custody<\/span> of a delinquent juvenile to an agency, organization or facility outside of the Commonwealth without the approval of the Director<\/span>; or\n\t\t\t\tc. The local board of social services of the county or city in which the court<\/span> has jurisdiction<\/span> or, at the discretion of the court<\/span>, to the local board of the county or city in which the juvenile has residence if other than the county or city in which the court<\/span> has jurisdiction<\/span>. The board shall accept the juvenile for care and custody, provided that it has been given reasonable notice of the pendency of the case and an opportunity to be heard. However, in an emergency in the county or city in which the court<\/span> has jurisdiction<\/span>, such local board may be required to temporarily accept a juvenile for a period not to exceed 14 days without prior notice or an opportunity to be heard if the judge<\/span> entering the placement order describes the emergency and the need for such temporary placement in the order. Nothing in this subdivision shall prohibit the commitment of a juvenile to any local board of social services in the Commonwealth when such local board consents to the commitment. The board to which the juvenile is committed shall have the final authority to determine the appropriate placement for the juvenile. Nothing herein shall limit the authority of the court<\/span> to review the child’s status in foster care in accordance with subsection G of § 16.1-281<\/a> or to review the foster care plan through a petition<\/span> filed pursuant to subsection A of § 16.1-282<\/a>. Any order authorizing removal from the home and transferring legal custody<\/span> of a juvenile to a local board of social services as provided in this subdivision shall be entered only upon a finding<\/span> by the court<\/span> that reasonable efforts have been made to prevent removal and that continued placement in the home would be contrary to the welfare of the juvenile, and the order shall so state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273<\/a>, commit the juvenile to the Department<\/span> of Juvenile Justice, but only if (i) he is 11 years of age or older and has been adjudicated delinquent of an act enumerated in subsection B or C of § 16.1-269.1<\/a> or (ii) he is 14 years of age or older and the current offense<\/span> is (a) an offense<\/span> that would be a felony if committed by an adult<\/span>, (b) an offense<\/span> that would be a Class 1 misdemeanor<\/span> if committed by an adult<\/span> and the juvenile has previously been found to be delinquent based on an offense<\/span> that would be a felony if committed by an adult<\/span>, or (c) an offense<\/span> that would be a Class 1 misdemeanor<\/span> if committed by an adult<\/span> and the juvenile has previously been adjudicated delinquent of three or more offenses<\/span> that would be a Class 1 misdemeanor<\/span> if committed by an adult<\/span>, and each such offense<\/span> was not a part of a common act, transaction or scheme; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Impose the penalty<\/span> authorized by § 16.1-284<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Impose the penalty<\/span> authorized by § 16.1-284.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Unless waived by an agreement between the attorney for the Commonwealth and the juvenile and his attorney or other legal representative, upon consideration of the results of an investigation completed pursuant to § 16.1-273<\/a>, impose the penalty<\/span> authorized by § 16.1-285.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Impose the penalty<\/span> authorized by § 16.1-278.9<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Require the juvenile to participate in a gang-activity prevention program including, but not limited to, programs funded under the Virginia Juvenile Community Crime<\/span> Control Act pursuant to § 16.1-309.7<\/a>, if available, when a juvenile has been found delinquent of any of the following violations: § 18.2-51<\/a>, 18.2-51.1<\/a>, 18.2-52<\/a>, 18.2-53<\/a>, 18.2-55<\/a>, 18.2-56<\/a>, 18.2-57<\/a>, 18.2-57.2<\/a>, 18.2-121<\/a>, 18.2-127<\/a>, 18.2-128<\/a>, 18.2-137<\/a>, 18.2-138<\/a>, 18.2-146<\/a>, or 18.2-147<\/a>, or any violation of a local ordinance<\/span> adopted pursuant to § 15.2-1812.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds a juvenile delinquent of any of the following offenses<\/span>, the court<\/span> shall require the juvenile to make at least partial restitution<\/span> or reparation for any property damage, for loss caused by the offense<\/span>, or for actual medical expenses incurred by the victim as a result of the offense<\/span>: § 18.2-51<\/a>, 18.2-51.1<\/a>, 18.2-52<\/a>, 18.2-53<\/a>, 18.2-55<\/a>, 18.2-56<\/a>, 18.2-57<\/a>, 18.2-57.2<\/a>, 18.2-121<\/a>, 18.2-127<\/a>, 18.2-128<\/a>, 18.2-137<\/a>, 18.2-138<\/a>, 18.2-146<\/a>, or 18.2-147<\/a>; or for any violation of a local ordinance<\/span> adopted pursuant to § 15.2-1812.2<\/a>. The court<\/span> shall further require the juvenile to participate in a community service<\/span> project under such conditions as the court<\/span> prescribes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDELINQUENT JUVENILES (\u00a7 16.1-278.8)\n\nA. If a juvenile is found to be delinquent, except where such finding involves a\nrefusal to take a breath test in violation of \u00a7 18.2-268.2 or a similar\nordinance, the juvenile court or the circuit court may make any of the following\norders of disposition for his supervision, care and rehabilitation:\n\n 1. Enter an order pursuant to the provisions of § 16.1-278;\n\n 2. Permit the juvenile to remain with his parent, subject to such conditions\n and limitations as the court may order with respect to the juvenile and his\n parent;\n\n 3. Order the parent of a juvenile living with him to participate in such\n programs, cooperate in such treatment or be subject to such conditions and\n limitations as the court may order and as are designed for the rehabilitation\n of the juvenile and his parent;\n\n 4. Defer disposition for a specific period of time established by the court\n with due regard for the gravity of the offense and the juvenile’s\n history, after which time the charge may be dismissed by the judge if the\n juvenile exhibits good behavior during the period for which disposition is\n deferred;\n\n 5. Without entering a judgment of guilty and with the consent of the juvenile\n and his attorney, defer disposition of the delinquency charge for a specific\n period of time established by the court with due regard for the gravity of the\n offense and the juvenile’s history, and place the juvenile on probation\n under such conditions and limitations as the court may prescribe. Upon\n fulfillment of the terms and conditions, the court shall discharge the\n juvenile and dismiss the proceedings against him. Discharge and dismissal\n under these provisions shall be without adjudication of guilt;\n\n 6. Order the parent of a juvenile with whom the juvenile does not reside to\n participate in such programs, cooperate in such treatment or be subject to\n such conditions and limitations as the court may order and as are designed for\n the rehabilitation of the juvenile where the court determines this\n participation to be in the best interest of the juvenile and other parties\n concerned and where the court determines it reasonable to expect the parent to\n be able to comply with such order;\n\n 7. Place the juvenile on probation under such conditions and limitations as\n the court may prescribe;\n \t\t\t\t7a. Place the juvenile on probation and order treatment for the abuse or\n dependence on alcohol or drugs in a program licensed by the Department of\n Behavioral Health and Developmental Services for the treatment of juveniles\n for substance abuse provided that (i) the juvenile has received a substance\n abuse screening and assessment pursuant to § 16.1-273 and that such\n assessment reasonably indicates that the commission of the offense was\n motivated by, or closely related to, the habitual use of alcohol or drugs and\n indicates that the juvenile is in need of treatment for this condition; (ii)\n the juvenile has not previously been and is not currently being adjudicated\n for a violent juvenile felony; and (iii) such facility is available. Upon the\n juvenile’s withdrawal, removal, or refusal to comply with the conditions\n of participation in the program, he shall be brought before the court for a\n hearing at which the court may impose any other disposition authorized by this\n section. The court shall review such placements at 30-day intervals;\n\n 8. Impose a fine not to exceed $500 upon such juvenile;\n\n 9. Suspend the motor vehicle and driver’s license of such juvenile or\n impose a curfew on the juvenile as to the hours during which he may operate a\n motor vehicle. Any juvenile whose driver’s license is suspended may be\n referred for an assessment and subsequent referral to appropriate services,\n upon such terms and conditions as the court may order. The court, in its\n discretion and upon a demonstration of hardship, may authorize the use of a\n restricted permit to operate a motor vehicle by any juvenile who enters such\n program for any of the purposes set forth in subsection E of § 18.2-271.1\n or for travel to and from school. The restricted permit shall be issued in\n accordance with the provisions of such subsection. However, only an abstract\n of the court order that identifies the juvenile and the conditions under which\n the restricted license is to be issued shall be sent to the Department of\n Motor Vehicles.\n \t\t\t\tIf a curfew is imposed, the juvenile shall surrender his driver’s\n license, which shall be held in the physical custody of the court during any\n period of curfew restriction. The court shall send an abstract of any order\n issued under the provisions of this section to the Department of Motor\n Vehicles, which shall preserve a record thereof. Notwithstanding the\n provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the\n provisions of Title 46.2, this record shall be available only to all\n law-enforcement officers, attorneys for the Commonwealth and courts. A copy of\n the court order, upon which shall be noted all curfew restrictions, shall be\n provided to the juvenile and shall contain such information regarding the\n juvenile as is reasonably necessary to identify him. The juvenile may operate\n a motor vehicle under the court order in accordance with its terms.\n \t\t\t\tAny juvenile who operates a motor vehicle in violation of any restrictions\n imposed pursuant to this section is guilty of a violation of § 46.2-301.\n \t\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s\n license to any juvenile denied a driver’s license until such time as is\n stipulated in the court order or until notification by the court of withdrawal\n of the order imposing the curfew;\n\n 10. Require the juvenile to make restitution or reparation to the aggrieved\n party or parties for actual damages or loss caused by the offense for which\n the juvenile was found to be delinquent;\n\n 11. Require the juvenile to participate in a public service project under such\n conditions as the court prescribes;\n\n 12. In case of traffic violations, impose only those penalties that are\n authorized to be imposed on adults for such violations. However, for those\n violations punishable by confinement if committed by an adult, confinement\n shall be imposed only as authorized by this title;\n\n 13. Transfer legal custody to any of the following:\n \t\t\t\ta. A relative or other individual who, after study, is found by the court\n to be qualified to receive and care for the juvenile;\n \t\t\t\tb. A child welfare agency, private organization or facility that is\n licensed or otherwise authorized by law to receive and provide care for such\n juvenile. The court shall not transfer legal custody of a delinquent juvenile\n to an agency, organization or facility outside of the Commonwealth without the\n approval of the Director; or\n \t\t\t\tc. The local board of social services of the county or city in which the\n court has jurisdiction or, at the discretion of the court, to the local board\n of the county or city in which the juvenile has residence if other than the\n county or city in which the court has jurisdiction. The board shall accept the\n juvenile for care and custody, provided that it has been given reasonable\n notice of the pendency of the case and an opportunity to be heard. However, in\n an emergency in the county or city in which the court has jurisdiction, such\n local board may be required to temporarily accept a juvenile for a period not\n to exceed 14 days without prior notice or an opportunity to be heard if the\n judge entering the placement order describes the emergency and the need for\n such temporary placement in the order. Nothing in this subdivision shall\n prohibit the commitment of a juvenile to any local board of social services in\n the Commonwealth when such local board consents to the commitment. The board\n to which the juvenile is committed shall have the final authority to determine\n the appropriate placement for the juvenile. Nothing herein shall limit the\n authority of the court to review the child’s status in foster care in\n accordance with subsection G of § 16.1-281 or to review the foster care\n plan through a petition filed pursuant to subsection A of § 16.1-282. Any\n order authorizing removal from the home and transferring legal custody of a\n juvenile to a local board of social services as provided in this subdivision\n shall be entered only upon a finding by the court that reasonable efforts have\n been made to prevent removal and that continued placement in the home would be\n contrary to the welfare of the juvenile, and the order shall so state;\n\n 14. Unless waived by an agreement between the attorney for the Commonwealth\n and the juvenile and his attorney or other legal representative, upon\n consideration of the results of an investigation completed pursuant to §\n 16.1-273, commit the juvenile to the Department of Juvenile Justice, but only\n if (i) he is 11 years of age or older and has been adjudicated delinquent of\n an act enumerated in subsection B or C of § 16.1-269.1 or (ii) he is 14\n years of age or older and the current offense is (a) an offense that would be\n a felony if committed by an adult, (b) an offense that would be a Class 1\n misdemeanor if committed by an adult and the juvenile has previously been\n found to be delinquent based on an offense that would be a felony if committed\n by an adult, or (c) an offense that would be a Class 1 misdemeanor if\n committed by an adult and the juvenile has previously been adjudicated\n delinquent of three or more offenses that would be a Class 1 misdemeanor if\n committed by an adult, and each such offense was not a part of a common act,\n transaction or scheme;\n\n 15. Impose the penalty authorized by § 16.1-284;\n\n 16. Impose the penalty authorized by § 16.1-284.1;\n\n 17. Unless waived by an agreement between the attorney for the Commonwealth\n and the juvenile and his attorney or other legal representative, upon\n consideration of the results of an investigation completed pursuant to §\n 16.1-273, impose the penalty authorized by § 16.1-285.1;\n\n 18. Impose the penalty authorized by § 16.1-278.9; or\n\n 19. Require the juvenile to participate in a gang-activity prevention program\n including, but not limited to, programs funded under the Virginia Juvenile\n Community Crime Control Act pursuant to § 16.1-309.7, if available, when\n a juvenile has been found delinquent of any of the following violations:\n § 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57,\n 18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or\n 18.2-147, or any violation of a local ordinance adopted pursuant to §\n 15.2-1812.2.\n\nB. If the court finds a juvenile delinquent of any of the following offenses,\nthe court shall require the juvenile to make at least partial restitution or\nreparation for any property damage, for loss caused by the offense, or for\nactual medical expenses incurred by the victim as a result of the offense:\n§ 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57,\n18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or\n18.2-147; or for any violation of a local ordinance adopted pursuant to §\n15.2-1812.2. The court shall further require the juvenile to participate in a\ncommunity service project under such conditions as the court prescribes.\n\nHISTORY: 1991, c. 534; 1992, c. 830; 1994, cc. 859, 949; 1996, cc. 755, 914;\n1997, c. 318; 1999, cc. 350, 622; 2000, cc. 954, 978, 981, 988, 1020, 1041;\n2004, cc. 325, 462; 2005, c. 810; 2009, cc. 813, 840; 2014, cc. 20, 249; 2017,\nc. 623; 2021, Sp. Sess. I, c. 115; 2022, cc. 305, 414, 415.","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}}