{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-338.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-338.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-338.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-338.html"}],"law_id":77269,"edition_id":1,"section_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","history":"1990, c. 975; 1991, c. 159; 2005, cc. 181, 227; 2008, cc. 783, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504, 543; 2024, cc. 695, 710.","full_text":"A\n\nA minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment related to mental illness, which may include substance abuse as described in § 16.1-336, upon application and with the consent of a parent. A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment related to mental illness, which may include substance abuse as described in § 16.1-336, upon the joint application and consent of the minor and the minor’s parent.B\n\nAdmission of a minor under this section shall be approved by a qualified evaluator who has conducted a personal examination of the minor within 48 hours after admission and has made the following written findings:1\n\nThe minor appears to have a mental illness, which may include substance abuse as described in § 16.1-336, serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment; and2\n\nThe minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and3\n\nIf the minor is 14 years of age or older, that he has been provided with an explanation of his rights under this Act as they would apply if he were to object to admission, and that he has consented to admission; and4\n\nAll available modalities of treatment less restrictive than inpatient treatment have been considered and no less restrictive alternative is available that would offer comparable benefits to the minor.\n\t\t\t\tIf admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide, in lieu of the examination required by this section, a preadmission screening report conducted by an employee or designee of the community services board and shall ensure that the necessary written findings have been made before approving the admission. A copy of the written findings of the evaluation or preadmission screening report required by this section shall be provided to the consenting parent and the parent shall have the opportunity to discuss the findings with the qualified evaluator or employee or designee of the community services board.C\n\nWithin 10 days after the admission of a minor under this section, the director of the facility or the director’s designee shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor’s treatment and has been explained to the parent consenting to the admission and to the minor. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor’s family shall be involved to the maximum extent consistent with the minor’s treatment needs. The plan shall include a preliminary plan for placement and aftercare upon completion of inpatient treatment and shall include specific behavioral and emotional goals against which the success of treatment may be measured. A copy of the plan shall be provided to the minor and to his parents.D\n\nIf the parent who consented to a minor’s admission under this section revokes his consent at any time, or if a minor 14 or older objects at any time to further treatment, the minor shall be discharged within 48 hours to the custody of such consenting parent unless the minor’s continued hospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or 16.1-345. If the 48-hour time period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 48 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed. If a minor 14 or older objects to further treatment, the mental health facility shall (i) immediately notify the consenting parent of the minor’s objections and (ii) provide to the consenting parent a summary, prepared by the Office of the Attorney General, of the procedures for requesting continued treatment of the minor pursuant to § 16.1-339, 16.1-340.1, or 16.1-345.E\n\nInpatient treatment of a minor hospitalized under this section may not exceed 90 consecutive days unless it has been authorized by appropriate hospital medical personnel, based upon their written findings that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor and interviewed the consenting parent and reviewed reports submitted by members of the facility staff familiar with the minor’s condition.F\n\nAny minor admitted under this section while younger than 14 and his consenting parent shall be informed orally and in writing by the director of the facility for inpatient treatment within 10 days of his fourteenth birthday that continued voluntary treatment under the authority of this section requires his consent.G\n\nAny minor 14 years of age or older who joins in an application and consents to admission pursuant to subsection A, shall, in addition to his parent, have the right to access his health information. The concurrent authorization of both the parent and the minor shall be required to disclose such minor’s health information.H\n\nA minor who has been hospitalized while properly detained by a juvenile and domestic relations district court or circuit court shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice by the sheriff serving the jurisdiction where the minor was detained within 24 hours following completion of a period of inpatient treatment, unless the court having jurisdiction over the case orders that the minor be released from custody.","order_by":null,"text":{"0":{"id":277171,"text":"A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment related to mental illness, which may include substance abuse as described in § 16.1-336, upon application and with the consent of a parent. A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment related to mental illness, which may include substance abuse as described in § 16.1-336, upon the joint application and consent of the minor and the minor’s parent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277172,"text":"Admission of a minor under this section shall be approved by a qualified evaluator who has conducted a personal examination of the minor within 48 hours after admission and has made the following written findings:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":277173,"text":"The minor appears to have a mental illness, which may include substance abuse as described in § 16.1-336, serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":277174,"text":"The minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":277175,"text":"If the minor is 14 years of age or older, that he has been provided with an explanation of his rights under this Act as they would apply if he were to object to admission, and that he has consented to admission; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":277176,"text":"All available modalities of treatment less restrictive than inpatient treatment have been considered and no less restrictive alternative is available that would offer comparable benefits to the minor.\n\t\t\t\tIf admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide, in lieu of the examination required by this section, a preadmission screening report conducted by an employee or designee of the community services board and shall ensure that the necessary written findings have been made before approving the admission. A copy of the written findings of the evaluation or preadmission screening report required by this section shall be provided to the consenting parent and the parent shall have the opportunity to discuss the findings with the qualified evaluator or employee or designee of the community services board.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":277177,"text":"Within 10 days after the admission of a minor under this section, the director of the facility or the director’s designee shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor’s treatment and has been explained to the parent consenting to the admission and to the minor. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor’s family shall be involved to the maximum extent consistent with the minor’s treatment needs. The plan shall include a preliminary plan for placement and aftercare upon completion of inpatient treatment and shall include specific behavioral and emotional goals against which the success of treatment may be measured. A copy of the plan shall be provided to the minor and to his parents.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":277178,"text":"If the parent who consented to a minor’s admission under this section revokes his consent at any time, or if a minor 14 or older objects at any time to further treatment, the minor shall be discharged within 48 hours to the custody of such consenting parent unless the minor’s continued hospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or 16.1-345. If the 48-hour time period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 48 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed. If a minor 14 or older objects to further treatment, the mental health facility shall (i) immediately notify the consenting parent of the minor’s objections and (ii) provide to the consenting parent a summary, prepared by the Office of the Attorney General, of the procedures for requesting continued treatment of the minor pursuant to § 16.1-339, 16.1-340.1, or 16.1-345.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":277179,"text":"Inpatient treatment of a minor hospitalized under this section may not exceed 90 consecutive days unless it has been authorized by appropriate hospital medical personnel, based upon their written findings that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor and interviewed the consenting parent and reviewed reports submitted by members of the facility staff familiar with the minor’s condition.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":277180,"text":"Any minor admitted under this section while younger than 14 and his consenting parent shall be informed orally and in writing by the director of the facility for inpatient treatment within 10 days of his fourteenth birthday that continued voluntary treatment under the authority of this section requires his consent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":277181,"text":"Any minor 14 years of age or older who joins in an application and consents to admission pursuant to subsection A, shall, in addition to his parent, have the right to access his health information. The concurrent authorization of both the parent and the minor shall be required to disclose such minor’s health information.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":277182,"text":"A minor who has been hospitalized while properly detained by a juvenile and domestic relations district court or circuit court shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice by the sheriff serving the jurisdiction where the minor was detained within 24 hours following completion of a period of inpatient treatment, unless the court having jurisdiction over the case orders that the minor be released from custody.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-338\/","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 2005, chapters 181<\/a> and 227<\/a>; in 2008, chapters 783<\/a> and 808<\/a>; in 2009, chapters 455<\/a> and 555<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2015, chapters 504<\/a> and 543<\/a>; in 2024, chapters 695<\/a> and 710<\/a>.<\/p>","references":[{"id":81231,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","order_by":null,"url":"\/16.1-337\/"},{"id":85004,"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","order_by":null,"url":"\/16.1-337.1\/"},{"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":56572,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","order_by":null,"url":"\/16.1-344\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":86640,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","order_by":null,"url":"\/22.1-7\/"}],"refers_to":[{"id":80739,"section_number":"16.1-336","catch_line":"Definitions","order_by":null,"url":"\/16.1-336\/"},{"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":68740,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/16.1-340.1\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"}],"permalink":{"id":161275,"object_type":"law","relational_id":77269,"identifier":"16.1-338","token":"16.1\/11\/16\/16.1-338","url":"\/16.1-338\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-338\/","token":"16.1\/11\/16\/16.1-338","dublin_core":{"Title":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-338","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A minor<\/span> younger than 14 years of age may be admitted to a willing mental health facility<\/span> for inpatient treatment<\/span> related to mental illness<\/span>, which may include substance abuse as described in § 16.1-336<\/a>, upon application and with the consent<\/span> of a parent<\/span>. A minor<\/span> 14 years of age or older may be admitted to a willing mental health facility<\/span> for inpatient treatment<\/span> related to mental illness<\/span>, which may include substance abuse as described in § 16.1-336<\/a>, upon the joint application and consent<\/span> of the minor<\/span> and the minor<\/span>’s parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Admission of a minor<\/span> under this section shall be approved by a qualified evaluator<\/span> who has conducted a personal examination of the minor<\/span> within 48 hours after admission and has made the following written findings<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The minor<\/span> appears to have a mental illness<\/span>, which may include substance abuse as described in § 16.1-336<\/a>, serious enough to warrant inpatient treatment<\/span> and is reasonably likely to benefit from the treatment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The minor<\/span> has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the minor<\/span> is 14 years of age or older, that he has been provided with an explanation of his rights under this Act as they would apply if he were to object<\/span> to admission, and that he has consented to admission; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> All available modalities of treatment less restrictive than inpatient treatment<\/span> have been considered and no less restrictive alternative is available that would offer comparable benefits to the minor<\/span>.\n\t\t\t\tIf admission is sought to a state hospital, the community services board<\/span> serving the area in which the minor<\/span> resides shall provide, in lieu of the examination required by this section, a preadmission screening report conducted by an employee<\/span> or designee of the community services board<\/span> and shall ensure that the necessary written findings<\/span> have been made before approving the admission. A copy of the written findings<\/span> of the evaluation or preadmission screening report required by this section shall be provided to the consenting parent<\/span> and the parent<\/span> shall have the opportunity to discuss the findings<\/span> with the qualified evaluator<\/span> or employee<\/span> or designee of the community services board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within 10 days after the admission of a minor<\/span> under this section, the director<\/span> of the facility or the director<\/span>’s designee shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor<\/span>’s treatment and has been explained to the parent<\/span> consenting to the admission and to the minor<\/span>. The minor<\/span> shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor<\/span>’s family shall be involved to the maximum extent consistent with the minor<\/span>’s treatment needs. The plan shall include a preliminary plan for placement and aftercare upon completion of inpatient treatment<\/span> and shall include specific behavioral and emotional goals against which the success of treatment may be measured. A copy of the plan shall be provided to the minor<\/span> and to his parents<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the parent<\/span> who consented to a minor<\/span>’s admission under this section revokes his consent<\/span> at any time, or if a minor<\/span> 14 or older objects<\/span> at any time to further treatment, the minor<\/span> shall be discharged within 48 hours to the custody<\/span> of such consenting parent<\/span> unless the minor<\/span>’s continued hospitalization is authorized pursuant to § 16.1-339<\/a>, 16.1-340.1<\/a>, or 16.1-345<\/a>. If the 48-hour time period expires on a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed, the 48 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed. If a minor<\/span> 14 or older objects<\/span> to further treatment, the mental health facility<\/span> shall (i) immediately notify the consenting parent<\/span> of the minor<\/span>’s objections and (ii) provide to the consenting parent<\/span> a summary, prepared by the Office of the Attorney General<\/span>, of the procedures for requesting continued treatment of the minor<\/span> pursuant to § 16.1-339<\/a>, 16.1-340.1<\/a>, or 16.1-345<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Inpatient treatment<\/span> of a minor<\/span> hospitalized under this section may not exceed 90 consecutive days unless it has been authorized by appropriate hospital medical personnel, based upon their written findings<\/span> that the criteria set forth in subsection B of this section continue to be met, after such persons have examined the minor<\/span> and interviewed the consenting parent<\/span> and reviewed reports submitted by members of the facility staff familiar with the minor<\/span>’s condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any minor<\/span> admitted under this section while younger than 14 and his consenting parent<\/span> shall be informed orally and in writing by the director<\/span> of the facility for inpatient treatment<\/span> within 10 days of his fourteenth birthday that continued voluntary treatment under the authority of this section requires his consent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any minor<\/span> 14 years of age or older who joins in an application and consents<\/span> to admission pursuant to subsection A, shall, in addition to his parent<\/span>, have the right to access his health information. The concurrent authorization of both the parent<\/span> and the minor<\/span> shall be required to disclose such minor<\/span>’s health information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A minor<\/span> who has been hospitalized while properly detained by a juvenile and domestic relations district court or circuit<\/span> court shall be returned to the detention home<\/span>, shelter care<\/span>, or other facility approved by the Department<\/span> of Juvenile Justice by the sheriff serving the jurisdiction<\/span> where the minor<\/span> was detained within 24 hours following completion of a period of inpatient treatment<\/span>, unless the court<\/span> having jurisdiction<\/span> over the case orders<\/span> that the minor<\/span> be released from custody<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARENTAL ADMISSION OF MINORS YOUNGER THAN 14 AND NONOBJECTING MINORS 14 YEARS OF\nAGE OR OLDER (\u00a7 16.1-338)\n\nA. A minor younger than 14 years of age may be admitted to a willing mental\nhealth facility for inpatient treatment related to mental illness, which may\ninclude substance abuse as described in § 16.1-336, upon application and\nwith the consent of a parent. A minor 14 years of age or older may be admitted\nto a willing mental health facility for inpatient treatment related to mental\nillness, which may include substance abuse as described in § 16.1-336, upon\nthe joint application and consent of the minor and the minor’s parent.\n\nB. Admission of a minor under this section shall be approved by a qualified\nevaluator who has conducted a personal examination of the minor within 48 hours\nafter admission and has made the following written findings:\n\n 1. The minor appears to have a mental illness, which may include substance\n abuse as described in § 16.1-336, serious enough to warrant inpatient\n treatment and is reasonably likely to benefit from the treatment; and\n\n 2. The minor has been provided with a clinically appropriate explanation of\n the nature and purpose of the treatment; and\n\n 3. If the minor is 14 years of age or older, that he has been provided with an\n explanation of his rights under this Act as they would apply if he were to\n object to admission, and that he has consented to admission; and\n\n 4. All available modalities of treatment less restrictive than inpatient\n treatment have been considered and no less restrictive alternative is\n available that would offer comparable benefits to the minor.\n \t\t\t\tIf admission is sought to a state hospital, the community services board\n serving the area in which the minor resides shall provide, in lieu of the\n examination required by this section, a preadmission screening report\n conducted by an employee or designee of the community services board and shall\n ensure that the necessary written findings have been made before approving the\n admission. A copy of the written findings of the evaluation or preadmission\n screening report required by this section shall be provided to the consenting\n parent and the parent shall have the opportunity to discuss the findings with\n the qualified evaluator or employee or designee of the community services\n board.\n\nC. Within 10 days after the admission of a minor under this section, the\ndirector of the facility or the director’s designee shall ensure that an\nindividualized plan of treatment has been prepared by the provider responsible\nfor the minor’s treatment and has been explained to the parent consenting\nto the admission and to the minor. The minor shall be involved in the\npreparation of the plan to the maximum feasible extent consistent with his\nability to understand and participate, and the minor’s family shall be\ninvolved to the maximum extent consistent with the minor’s treatment\nneeds. The plan shall include a preliminary plan for placement and aftercare\nupon completion of inpatient treatment and shall include specific behavioral and\nemotional goals against which the success of treatment may be measured. A copy\nof the plan shall be provided to the minor and to his parents.\n\nD. If the parent who consented to a minor’s admission under this section\nrevokes his consent at any time, or if a minor 14 or older objects at any time\nto further treatment, the minor shall be discharged within 48 hours to the\ncustody of such consenting parent unless the minor’s continued\nhospitalization is authorized pursuant to § 16.1-339, 16.1-340.1, or\n16.1-345. If the 48-hour time period expires on a Saturday, Sunday, legal\nholiday or day on which the court is lawfully closed, the 48 hours shall extend\nto the next day that is not a Saturday, Sunday, legal holiday or day on which\nthe court is lawfully closed. If a minor 14 or older objects to further\ntreatment, the mental health facility shall (i) immediately notify the\nconsenting parent of the minor’s objections and (ii) provide to the\nconsenting parent a summary, prepared by the Office of the Attorney General, of\nthe procedures for requesting continued treatment of the minor pursuant to\n§ 16.1-339, 16.1-340.1, or 16.1-345.\n\nE. Inpatient treatment of a minor hospitalized under this section may not exceed\n90 consecutive days unless it has been authorized by appropriate hospital\nmedical personnel, based upon their written findings that the criteria set forth\nin subsection B of this section continue to be met, after such persons have\nexamined the minor and interviewed the consenting parent and reviewed reports\nsubmitted by members of the facility staff familiar with the minor’s\ncondition.\n\nF. Any minor admitted under this section while younger than 14 and his\nconsenting parent shall be informed orally and in writing by the director of the\nfacility for inpatient treatment within 10 days of his fourteenth birthday that\ncontinued voluntary treatment under the authority of this section requires his\nconsent.\n\nG. Any minor 14 years of age or older who joins in an application and consents\nto admission pursuant to subsection A, shall, in addition to his parent, have\nthe right to access his health information. The concurrent authorization of both\nthe parent and the minor shall be required to disclose such minor’s health\ninformation.\n\nH. A minor who has been hospitalized while properly detained by a juvenile and\ndomestic relations district court or circuit court shall be returned to the\ndetention home, shelter care, or other facility approved by the Department of\nJuvenile Justice by the sheriff serving the jurisdiction where the minor was\ndetained within 24 hours following completion of a period of inpatient\ntreatment, unless the court having jurisdiction over the case orders that the\nminor be released from custody.\n\nHISTORY: 1990, c. 975; 1991, c. 159; 2005, cc. 181, 227; 2008, cc. 783, 808;\n2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504, 543; 2024, cc. 695, 710.","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}}