{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-336.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-336.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-336.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-336.html"}],"law_id":80739,"edition_id":1,"section_id":80739,"structure_id":12702,"section_number":"16.1-336","catch_line":"Definitions","history":"1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774; 2009, cc. 455, 555, 813, 840; 2010, cc. 778, 825; 2012, cc. 476, 507; 2023, c. 183.","full_text":"When used in this article, unless the context otherwise requires:\n\t\t“Community services board” has the same meaning as provided in \u00a7 37.2-100. Whenever the term community services board appears, it shall include behavioral health authority, as that term is defined in \u00a7 37.2-100.\n\t\t“Consent” means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian.\n\t\t“Designee of the local community services board” means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.\n\t\t“Employee” means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services.\n\t\t“Incapable of making an informed decision” means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.\n\t\t“Inpatient treatment” means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness.\n\t\t“Investment interest” means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.\n\t\t“Judge” means a juvenile and domestic relations district judge. In addition, “judge” includes a retired judge sitting by designation pursuant to \u00a7 16.1-69.35, substitute judge, or special justice authorized by \u00a7 37.2-803 who has completed a training program regarding the provisions of this article, prescribed by the Executive Secretary of the Supreme Court.\n\t\t“Least restrictive alternative” means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury.\n\t\t“Mental health facility” means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services.\n\t\t“Mental illness” means a substantial disorder of the minor’s cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. “Mental illness” may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior. Intellectual disability, head injury, a learning disability, or a seizure disorder is not sufficient, in itself, to justify a finding of mental illness within the meaning of this article.\n\t\t“Minor” means a person less than 18 years of age.\n\t\t“Parent” means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. The director of the local department of social services, or his designee, may stand as the minor’s parent when the minor is in the legal custody of the local department of social services.\n\t\t“Qualified evaluator” means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board. All qualified evaluators shall (a) be skilled in the diagnosis and treatment of mental illness in minors, (b) be familiar with the provisions of this article, and (c) have completed a certification program approved by the Department of Behavioral Health and Developmental Services. The qualified evaluator shall (1) not be related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (2) not be responsible for treating the minor, (3) have no financial interest in the admission or treatment of the minor, (4) have no investment interest in the facility detaining or admitting the minor under this article, and (5) except for employees of state hospitals, the U.S. Department of Veterans Affairs, and community services boards, not be employed by the facility.\n\t\t“Treatment” means any planned intervention intended to improve a minor’s functioning in those areas which show impairment as a result of mental illness.","order_by":null,"text":{"0":{"id":289422,"text":"When used in this article, unless the context otherwise requires:\n\t\t“Community services board” has the same meaning as provided in \u00a7 37.2-100. Whenever the term community services board appears, it shall include behavioral health authority, as that term is defined in \u00a7 37.2-100.\n\t\t“Consent” means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian.\n\t\t“Designee of the local community services board” means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.\n\t\t“Employee” means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services.\n\t\t“Incapable of making an informed decision” means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.\n\t\t“Inpatient treatment” means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness.\n\t\t“Investment interest” means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.\n\t\t“Judge” means a juvenile and domestic relations district judge. In addition, “judge” includes a retired judge sitting by designation pursuant to \u00a7 16.1-69.35, substitute judge, or special justice authorized by \u00a7 37.2-803 who has completed a training program regarding the provisions of this article, prescribed by the Executive Secretary of the Supreme Court.\n\t\t“Least restrictive alternative” means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury.\n\t\t“Mental health facility” means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services.\n\t\t“Mental illness” means a substantial disorder of the minor’s cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. “Mental illness” may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior. Intellectual disability, head injury, a learning disability, or a seizure disorder is not sufficient, in itself, to justify a finding of mental illness within the meaning of this article.\n\t\t“Minor” means a person less than 18 years of age.\n\t\t“Parent” means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. The director of the local department of social services, or his designee, may stand as the minor’s parent when the minor is in the legal custody of the local department of social services.\n\t\t“Qualified evaluator” means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board. All qualified evaluators shall (a) be skilled in the diagnosis and treatment of mental illness in minors, (b) be familiar with the provisions of this article, and (c) have completed a certification program approved by the Department of Behavioral Health and Developmental Services. The qualified evaluator shall (1) not be related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (2) not be responsible for treating the minor, (3) have no financial interest in the admission or treatment of the minor, (4) have no investment interest in the facility detaining or admitting the minor under this article, and (5) except for employees of state hospitals, the U.S. Department of Veterans Affairs, and community services boards, not be employed by the facility.\n\t\t“Treatment” means any planned intervention intended to improve a minor’s functioning in those areas which show impairment as a result of mental illness.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12702,"edition_id":1,"name":"Psychiatric Treatment of Minors Act","identifier":"16","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":161253,"object_type":"structure","relational_id":12702,"identifier":"16","token":"16.1\/11\/16","url":"\/16.1\/11\/16\/","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":74549,"structure_id":12702,"section_number":"16.1-335","catch_line":"Short title","url":"\/16.1-335\/","token":"16.1\/11\/16\/16.1-335","metadata":false},{"id":80739,"structure_id":12702,"section_number":"16.1-336","catch_line":"Definitions","url":"\/16.1-336\/","token":"16.1\/11\/16\/16.1-336","metadata":false},{"id":64915,"structure_id":12702,"section_number":"16.1-336.1","catch_line":"Admission forms","url":"\/16.1-336.1\/","token":"16.1\/11\/16\/16.1-336.1","metadata":false},{"id":81231,"structure_id":12702,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","url":"\/16.1-337\/","token":"16.1\/11\/16\/16.1-337","metadata":false},{"id":85004,"structure_id":12702,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check","url":"\/16.1-337.1\/","token":"16.1\/11\/16\/16.1-337.1","metadata":false},{"id":77269,"structure_id":12702,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","url":"\/16.1-338\/","token":"16.1\/11\/16\/16.1-338","metadata":false},{"id":53935,"structure_id":12702,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","url":"\/16.1-339\/","token":"16.1\/11\/16\/16.1-339","metadata":false},{"id":61197,"structure_id":12702,"section_number":"16.1-339.1","catch_line":"Minors in detention homes or shelter care facilities","url":"\/16.1-339.1\/","token":"16.1\/11\/16\/16.1-339.1","metadata":false},{"id":75459,"structure_id":12702,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","url":"\/16.1-340\/","token":"16.1\/11\/16\/16.1-340","metadata":false},{"id":68740,"structure_id":12702,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","url":"\/16.1-340.1\/","token":"16.1\/11\/16\/16.1-340.1","metadata":false},{"id":81671,"structure_id":12702,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","url":"\/16.1-340.1_1\/","token":"16.1\/11\/16\/16.1-340.1_1","metadata":false},{"id":85419,"structure_id":12702,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","url":"\/16.1-340.2\/","token":"16.1\/11\/16\/16.1-340.2","metadata":false},{"id":60394,"structure_id":12702,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","url":"\/16.1-340.3\/","token":"16.1\/11\/16\/16.1-340.3","metadata":false},{"id":80218,"structure_id":12702,"section_number":"16.1-340.4","catch_line":"Involuntary commitment; preadmission screening report","url":"\/16.1-340.4\/","token":"16.1\/11\/16\/16.1-340.4","metadata":false},{"id":80409,"structure_id":12702,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","url":"\/16.1-341\/","token":"16.1\/11\/16\/16.1-341","metadata":false},{"id":86415,"structure_id":12702,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","url":"\/16.1-342\/","token":"16.1\/11\/16\/16.1-342","metadata":false},{"id":81468,"structure_id":12702,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","url":"\/16.1-343\/","token":"16.1\/11\/16\/16.1-343","metadata":false},{"id":56572,"structure_id":12702,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","url":"\/16.1-344\/","token":"16.1\/11\/16\/16.1-344","metadata":false},{"id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","url":"\/16.1-345\/","token":"16.1\/11\/16\/16.1-345","metadata":false},{"id":65738,"structure_id":12702,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","url":"\/16.1-345.1\/","token":"16.1\/11\/16\/16.1-345.1","metadata":false},{"id":86950,"structure_id":12702,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","url":"\/16.1-345.2\/","token":"16.1\/11\/16\/16.1-345.2","metadata":false},{"id":64056,"structure_id":12702,"section_number":"16.1-345.3","catch_line":"Monitoring mandatory outpatient treatment; motion for review","url":"\/16.1-345.3\/","token":"16.1\/11\/16\/16.1-345.3","metadata":false},{"id":63926,"structure_id":12702,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","url":"\/16.1-345.4\/","token":"16.1\/11\/16\/16.1-345.4","metadata":false},{"id":71978,"structure_id":12702,"section_number":"16.1-345.5","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/16.1-345.5\/","token":"16.1\/11\/16\/16.1-345.5","metadata":false},{"id":59197,"structure_id":12702,"section_number":"16.1-345.6","catch_line":"Appeal of final order","url":"\/16.1-345.6\/","token":"16.1\/11\/16\/16.1-345.6","metadata":false},{"id":58903,"structure_id":12702,"section_number":"16.1-346","catch_line":"Treatment plans; periodic review of status","url":"\/16.1-346\/","token":"16.1\/11\/16\/16.1-346","metadata":false},{"id":63455,"structure_id":12702,"section_number":"16.1-346.1","catch_line":"Discharge plan","url":"\/16.1-346.1\/","token":"16.1\/11\/16\/16.1-346.1","metadata":false},{"id":57843,"structure_id":12702,"section_number":"16.1-347","catch_line":"Fees and expenses for qualified evaluators","url":"\/16.1-347\/","token":"16.1\/11\/16\/16.1-347","metadata":false},{"id":62629,"structure_id":12702,"section_number":"16.1-348","catch_line":"Availability of judge","url":"\/16.1-348\/","token":"16.1\/11\/16\/16.1-348","metadata":false}],"previous_section":{"id":74549,"structure_id":12702,"section_number":"16.1-335","catch_line":"Short title","url":"\/16.1-335\/","token":"16.1\/11\/16\/16.1-335","metadata":false},"next_section":{"id":64915,"structure_id":12702,"section_number":"16.1-336.1","catch_line":"Admission forms","url":"\/16.1-336.1\/","token":"16.1\/11\/16\/16.1-336.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-336\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 975 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1991, chapter 159; in 2007, chapters 500<\/a> and 897<\/a>; in 2008, chapters 139<\/a> and 774<\/a>; in 2009, chapters 455<\/a>, 555<\/a>, 813<\/a>, and 840<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"id":53935,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","order_by":null,"url":"\/16.1-339\/"},{"id":84153,"section_number":"38.2-3412.1","catch_line":"Coverage for mental health and substance use disorders","order_by":null,"url":"\/38.2-3412.1\/"}],"refers_to":[{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"}],"permalink":{"id":161259,"object_type":"law","relational_id":80739,"identifier":"16.1-336","token":"16.1\/11\/16\/16.1-336","url":"\/16.1-336\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-336\/","token":"16.1\/11\/16\/16.1-336","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-336","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When used in this article, unless the context otherwise requires:\n\t\t“Community services board<\/span>” has the same meaning as provided in \u00a7 37.2-100<\/a>. Whenever the term community services board<\/span> appears, it shall include behavioral health authority, as that term is defined in \u00a7 37.2-100<\/a>.\n\t\t“Consent<\/span>” means the voluntary, express, and informed agreement to treatment in a mental health facility<\/span> by a minor<\/span> 14 years of age or older and by a parent<\/span> or a legally authorized custodian.\n\t\t“Designee of the local community services board<\/span><\/span>” means an examiner designated by the local community services board<\/span> who (i) is skilled in the assessment and treatment of mental illness<\/span>, (ii) has completed a certification program approved by the Department<\/span> of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor<\/span>, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor<\/span> being evaluated, (v) has no financial interest in the admission or treatment of the minor<\/span> being evaluated, (vi) has no investment interest<\/span> in the facility detaining or admitting the minor<\/span> under this article, and (vii) except for employees<\/span> of state hospitals and of the U.S. Department<\/span> of Veterans Affairs, is not employed by the facility.\n\t\t“Employee<\/span>” means an employee<\/span> of the local community services board<\/span> who is skilled in the assessment and treatment of mental illness<\/span> and has completed a certification program approved by the Department<\/span> of Behavioral Health and Developmental Services.\n\t\t“Incapable of making an informed decision<\/span>” means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent<\/span>.\n\t\t“Inpatient treatment<\/span>” means placement for observation, diagnosis, or treatment of mental illness<\/span> in a psychiatric hospital or in any other type of mental health facility<\/span> determined by the Department<\/span> of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness.\n\t\t“Investment interest<\/span>” means the ownership or holding of an equity<\/span> or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds<\/span>, debentures, notes, or other equity<\/span> or debt instruments.\n\t\t“Judge<\/span>” means a juvenile and domestic relations district judge<\/span>. In addition, “judge<\/span>” includes a retired judge<\/span> sitting by designation pursuant to \u00a7 16.1-69.35<\/a>, substitute judge<\/span>, or special justice authorized by \u00a7 37.2-803<\/a> who has completed a training program regarding the provisions of this article, prescribed by the Executive Secretary of the Supreme Court<\/span>.\n\t\t“Least restrictive alternative<\/span>” means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor<\/span> or others from physical injury.\n\t\t“Mental health facility<\/span>” means a public or private facility for the treatment of mental illness<\/span> operated or licensed by the Department<\/span> of Behavioral Health and Developmental Services.\n\t\t“Mental illness<\/span>” means a substantial disorder of the minor<\/span>’s cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment<\/span> or capacity to recognize reality or to control behavior. “Mental illness<\/span>” may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior. Intellectual disability, head injury, a learning disability, or a seizure disorder is not sufficient, in itself, to justify a finding<\/span> of mental illness<\/span> within the meaning of this article.\n\t\t“Minor<\/span>” means a person less than 18 years of age.\n\t\t“Parent<\/span>” means (i) a biological or adoptive parent<\/span> who has legal custody<\/span> of the minor<\/span>, including either parent<\/span> if custody is shared under a joint decree<\/span> or agreement, (ii) a biological or adoptive parent<\/span> with whom the minor<\/span> regularly resides, (iii) a person judicially appointed as a legal guardian of the minor<\/span>, or (iv) a person who exercises the rights and responsibilities of legal custody<\/span> by delegation from a biological or adoptive parent<\/span>, upon provisional adoption or otherwise by operation of law<\/span>. The director<\/span> of the local department<\/span> of social services, or his designee, may stand as the minor<\/span>’s parent<\/span> when the minor<\/span> is in the legal custody<\/span> of the local department<\/span> of social services.\n\t\t“Qualified evaluator<\/span>” means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department<\/span> of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board<\/span>. All qualified evaluators<\/span> shall (a) be skilled in the diagnosis and treatment of mental illness<\/span> in minors<\/span>, (b) be familiar with the provisions of this article, and (c) have completed a certification program approved by the Department<\/span> of Behavioral Health and Developmental Services. The qualified evaluator<\/span> shall (1) not be related by blood, marriage, or adoption to, or is not the legal guardian of, the minor<\/span> being evaluated, (2) not be responsible for treating the minor<\/span>, (3) have no financial interest in the admission or treatment of the minor<\/span>, (4) have no investment interest<\/span> in the facility detaining or admitting the minor<\/span> under this article, and (5) except for employees<\/span> of state hospitals, the U.S. Department<\/span> of Veterans Affairs, and community services boards<\/span>, not be employed by the facility.\n\t\t“Treatment” means any planned intervention intended to improve a minor<\/span>’s functioning in those areas which show impairment as a result of mental illness<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 16.1-336)\n\nWhen used in this article, unless the context otherwise requires:\n\t\t“Community services board” has the same meaning as provided in \u00a7\n37.2-100. Whenever the term community services board appears, it shall include\nbehavioral health authority, as that term is defined in \u00a7 37.2-100.\n\t\t“Consent” means the voluntary, express, and informed agreement to\ntreatment in a mental health facility by a minor 14 years of age or older and by\na parent or a legally authorized custodian.\n\t\t“Designee of the local community services board” means an examiner\ndesignated by the local community services board who (i) is skilled in the\nassessment and treatment of mental illness, (ii) has completed a certification\nprogram approved by the Department of Behavioral Health and Developmental\nServices, (iii) is able to provide an independent examination of the minor, (iv)\nis not related by blood, marriage, or adoption to, or is not the legal guardian\nof, the minor being evaluated, (v) has no financial interest in the admission or\ntreatment of the minor being evaluated, (vi) has no investment interest in the\nfacility detaining or admitting the minor under this article, and (vii) except\nfor employees of state hospitals and of the U.S. Department of Veterans Affairs,\nis not employed by the facility.\n\t\t“Employee” means an employee of the local community services board\nwho is skilled in the assessment and treatment of mental illness and has\ncompleted a certification program approved by the Department of Behavioral\nHealth and Developmental Services.\n\t\t“Incapable of making an informed decision” means unable to\nunderstand the nature, extent, or probable consequences of a proposed treatment\nor unable to make a rational evaluation of the risks and benefits of the\nproposed treatment as compared with the risks and benefits of alternatives to\nthe treatment. Persons with dysphasia or other communication disorders who are\nmentally competent and able to communicate shall not be considered incapable of\ngiving informed consent.\n\t\t“Inpatient treatment” means placement for observation, diagnosis,\nor treatment of mental illness in a psychiatric hospital or in any other type of\nmental health facility determined by the Department of Behavioral Health and\nDevelopmental Services to be substantially similar to a psychiatric hospital\nwith respect to restrictions on freedom and therapeutic intrusiveness.\n\t\t“Investment interest” means the ownership or holding of an equity\nor debt security, including shares of stock in a corporation, interests or units\nof a partnership, bonds, debentures, notes, or other equity or debt instruments.\n\t\t“Judge” means a juvenile and domestic relations district judge. In\naddition, “judge” includes a retired judge sitting by designation\npursuant to \u00a7 16.1-69.35, substitute judge, or special justice authorized by \u00a7\n37.2-803 who has completed a training program regarding the provisions of this\narticle, prescribed by the Executive Secretary of the Supreme Court.\n\t\t“Least restrictive alternative” means the treatment and conditions\nof treatment which, separately and in combination, are no more intrusive or\nrestrictive of freedom than reasonably necessary to achieve a substantial\ntherapeutic benefit or to protect the minor or others from physical injury.\n\t\t“Mental health facility” means a public or private facility for\nthe treatment of mental illness operated or licensed by the Department of\nBehavioral Health and Developmental Services.\n\t\t“Mental illness” means a substantial disorder of the minor’s\ncognitive, volitional, or emotional processes that demonstrably and\nsignificantly impairs judgment or capacity to recognize reality or to control\nbehavior. “Mental illness” may include substance abuse, which is the\nuse, without compelling medical reason, of any substance which results in\npsychological or physiological dependency as a function of continued use in such\na manner as to induce mental, emotional, or physical impairment and cause\nsocially dysfunctional or socially disordering behavior. Intellectual\ndisability, head injury, a learning disability, or a seizure disorder is not\nsufficient, in itself, to justify a finding of mental illness within the meaning\nof this article.\n\t\t“Minor” means a person less than 18 years of age.\n\t\t“Parent” means (i) a biological or adoptive parent who has legal\ncustody of the minor, including either parent if custody is shared under a joint\ndecree or agreement, (ii) a biological or adoptive parent with whom the minor\nregularly resides, (iii) a person judicially appointed as a legal guardian of\nthe minor, or (iv) a person who exercises the rights and responsibilities of\nlegal custody by delegation from a biological or adoptive parent, upon\nprovisional adoption or otherwise by operation of law. The director of the local\ndepartment of social services, or his designee, may stand as the minor’s\nparent when the minor is in the legal custody of the local department of social\nservices.\n\t\t“Qualified evaluator” means a psychiatrist or a psychologist\nlicensed in Virginia by either the Board of Medicine or the Board of Psychology,\nor if such psychiatrist or psychologist is unavailable, (i) any mental health\nprofessional licensed in Virginia through the Department of Health Professions\nas a clinical social worker, professional counselor, marriage and family\ntherapist, or psychiatric advanced practice registered nurse or (ii) any mental\nhealth professional employed by a community services board. All qualified\nevaluators shall (a) be skilled in the diagnosis and treatment of mental illness\nin minors, (b) be familiar with the provisions of this article, and (c) have\ncompleted a certification program approved by the Department of Behavioral\nHealth and Developmental Services. The qualified evaluator shall (1) not be\nrelated by blood, marriage, or adoption to, or is not the legal guardian of, the\nminor being evaluated, (2) not be responsible for treating the minor, (3) have\nno financial interest in the admission or treatment of the minor, (4) have no\ninvestment interest in the facility detaining or admitting the minor under this\narticle, and (5) except for employees of state hospitals, the U.S. Department of\nVeterans Affairs, and community services boards, not be employed by the\nfacility.\n\t\t“Treatment” means any planned intervention intended to improve a\nminor’s functioning in those areas which show impairment as a result of\nmental illness.\n\nHISTORY: 1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774;\n2009, cc. 455, 555, 813, 840; 2010, cc. 778, 825; 2012, cc. 476, 507; 2023, c.\n183.","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}}