{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-339.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-339.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-339.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-339.html"}],"law_id":53935,"edition_id":1,"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","history":"1990, c. 975; 1991, c. 159; 2005, c. 716; 2007, cc. 500, 897; 2008, cc. 139, 774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504, 535, 543; 2024, cc. 695, 710.","full_text":"A\n\nA minor 14 years of age or older who (i) objects to admission or (ii) is incapable of making an informed decision may be admitted to a willing facility for up to 120 hours, pending the review required by subsections B and C, upon the application of a parent. If admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide the preadmission screening report required by subsection B of § 16.1-338 and shall ensure that the necessary written findings, except the minor’s consent, have been made before approving the admission. A temporary detention order under § 16.1-340.1 shall not be required for a minor to be admitted to a willing facility upon the application of a parent pursuant to this section.B\n\nA minor admitted under this section shall be examined within 24 hours of his admission by a qualified evaluator designated by the community services board serving the area where the facility is located. If the 24-hour time period expires on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the 24 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. The evaluator shall prepare a report that shall include written findings as to whether: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;2\n\nThe minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and3\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\tThe qualified evaluator shall submit his report to the juvenile and domestic relations district court for the jurisdiction in which the facility is located.C\n\nUpon admission of a minor under this section, the facility shall file a petition for judicial approval no sooner than 24 hours and no later than 120 hours after admission with the juvenile and domestic relations district court for the jurisdiction in which the facility is located. To the extent available, the petition shall contain the information required by \u00a7 16.1-339.1. A copy of this petition shall be delivered to the minor’s consenting parent. Upon receipt of the petition and of the evaluator’s report submitted pursuant to subsection B, the judge shall appoint a guardian ad litem for the minor and counsel to represent the minor, unless it has been determined that the minor has retained counsel. A copy of the evaluator’s report shall be provided to the minor’s counsel and guardian ad litem. The court and the guardian ad litem shall review the petition and evaluator’s report and shall ascertain the views of the minor, the minor’s consenting parent, the evaluator, and the attending psychiatrist. The court shall conduct its review in such place and manner, including the facility, as it deems to be in the best interests of the minor. Based upon its review and the recommendations of the guardian ad litem, the court shall order one of the following dispositions:1\n\nIf the court finds that the minor does not meet the criteria for admission specified in subsection B, the court shall issue an order directing the facility to release the minor into the custody of the parent who consented to the minor’s admission. However, nothing herein shall be deemed to affect the terms and provisions of any valid court order of custody affecting the minor.2\n\nIf the court finds that the minor meets the criteria for admission specified in subsection B, the court shall issue an order authorizing continued hospitalization of the minor for up to 90 days on the basis of the parent’s consent.\n\t\t\t\tWithin 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. A copy of the plan shall also be provided to the guardian ad litem and to counsel for 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.3\n\nIf the court determines that the available information is insufficient to permit an informed determination regarding whether the minor meets the criteria specified in subsection B, the court shall schedule a commitment hearing that shall be conducted in accordance with the procedures specified in §§ 16.1-341 through 16.1-345. The minor may be detained in the hospital for up to 120 additional hours pending the holding of the commitment hearing.D\n\nA minor admitted under this section who rescinds his objection may be retained in the hospital pursuant to § 16.1-338.E\n\nIf the parent who consented to a minor’s admission under this section revokes his consent at any time, the minor shall be released within 48 hours to the parent’s custody unless the minor’s continued hospitalization is authorized pursuant to § 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.F\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":198053,"text":"A minor 14 years of age or older who (i) objects to admission or (ii) is incapable of making an informed decision may be admitted to a willing facility for up to 120 hours, pending the review required by subsections B and C, upon the application of a parent. If admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide the preadmission screening report required by subsection B of § 16.1-338 and shall ensure that the necessary written findings, except the minor’s consent, have been made before approving the admission. A temporary detention order under § 16.1-340.1 shall not be required for a minor to be admitted to a willing facility upon the application of a parent pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198054,"text":"A minor admitted under this section shall be examined within 24 hours of his admission by a qualified evaluator designated by the community services board serving the area where the facility is located. If the 24-hour time period expires on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the 24 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. The evaluator shall prepare a report that shall include written findings as to whether:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":198055,"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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":198056,"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":198057,"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\tThe qualified evaluator shall submit his report to the juvenile and domestic relations district court for the jurisdiction in which the facility is located.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":198058,"text":"Upon admission of a minor under this section, the facility shall file a petition for judicial approval no sooner than 24 hours and no later than 120 hours after admission with the juvenile and domestic relations district court for the jurisdiction in which the facility is located. To the extent available, the petition shall contain the information required by \u00a7 16.1-339.1. A copy of this petition shall be delivered to the minor’s consenting parent. Upon receipt of the petition and of the evaluator’s report submitted pursuant to subsection B, the judge shall appoint a guardian ad litem for the minor and counsel to represent the minor, unless it has been determined that the minor has retained counsel. A copy of the evaluator’s report shall be provided to the minor’s counsel and guardian ad litem. The court and the guardian ad litem shall review the petition and evaluator’s report and shall ascertain the views of the minor, the minor’s consenting parent, the evaluator, and the attending psychiatrist. The court shall conduct its review in such place and manner, including the facility, as it deems to be in the best interests of the minor. Based upon its review and the recommendations of the guardian ad litem, the court shall order one of the following dispositions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":198059,"text":"If the court finds that the minor does not meet the criteria for admission specified in subsection B, the court shall issue an order directing the facility to release the minor into the custody of the parent who consented to the minor’s admission. However, nothing herein shall be deemed to affect the terms and provisions of any valid court order of custody affecting the minor.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":198060,"text":"If the court finds that the minor meets the criteria for admission specified in subsection B, the court shall issue an order authorizing continued hospitalization of the minor for up to 90 days on the basis of the parent’s consent.\n\t\t\t\tWithin 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. A copy of the plan shall also be provided to the guardian ad litem and to counsel for 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.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":198061,"text":"If the court determines that the available information is insufficient to permit an informed determination regarding whether the minor meets the criteria specified in subsection B, the court shall schedule a commitment hearing that shall be conducted in accordance with the procedures specified in §§ 16.1-341 through 16.1-345. The minor may be detained in the hospital for up to 120 additional hours pending the holding of the commitment hearing.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":198062,"text":"A minor admitted under this section who rescinds his objection may be retained in the hospital pursuant to § 16.1-338.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"10":{"id":198063,"text":"If the parent who consented to a minor’s admission under this section revokes his consent at any time, the minor shall be released within 48 hours to the parent’s custody unless the minor’s continued hospitalization is authorized pursuant to § 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":198064,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-339\/","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 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 159; in 2005, chapter 716<\/a>; in 2007, chapters 500<\/a> and 897<\/a>; in 2008, chapters 139<\/a>, 774<\/a>, 783<\/a>, 807<\/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>, 535<\/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":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":80409,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","order_by":null,"url":"\/16.1-341\/"},{"id":86415,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","order_by":null,"url":"\/16.1-342\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"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":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":61197,"section_number":"16.1-339.1","catch_line":"Minors in detention homes or shelter care facilities","order_by":null,"url":"\/16.1-339.1\/"},{"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":80409,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","order_by":null,"url":"\/16.1-341\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"}],"permalink":{"id":161279,"object_type":"law","relational_id":53935,"identifier":"16.1-339","token":"16.1\/11\/16\/16.1-339","url":"\/16.1-339\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-339\/","token":"16.1\/11\/16\/16.1-339","dublin_core":{"Title":"Parental admission of an objecting minor 14 years of age or older","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-339","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A minor<\/span> 14 years of age or older who (i) objects<\/span> to admission or (ii) is incapable of making an informed decision<\/span> may be admitted to a willing facility for up to 120 hours, pending the review required by subsections B and C, upon the application of a parent<\/span>. If admission is sought to a state hospital, the community services board<\/span> serving the area in which the minor<\/span> resides shall provide the preadmission screening report required by subsection B of § 16.1-338<\/a> and shall ensure that the necessary written findings<\/span>, except the minor<\/span>’s consent<\/span>, have been made before approving the admission. A temporary detention order<\/span> under § 16.1-340.1<\/a> shall not be required for a minor<\/span> to be admitted to a willing facility upon the application of a parent<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A minor<\/span> admitted under this section shall be examined within 24 hours of his admission by a qualified evaluator<\/span> designated by the community services board<\/span> serving the area where the facility is located. If the 24-hour time period expires on a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed, the 24 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. The evaluator shall prepare a report that shall include written findings<\/span> as to whether: <\/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; <\/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> 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\tThe qualified evaluator<\/span> shall submit his report to the juvenile and domestic relations district court for the jurisdiction<\/span> in which the facility is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon admission of a minor<\/span> under this section, the facility shall file a petition<\/span> for judicial approval no sooner than 24 hours and no later than 120 hours after admission with the juvenile and domestic relations district court for the jurisdiction<\/span> in which the facility is located. To the extent available, the petition<\/span> shall contain the information required by \u00a7 16.1-339.1<\/a>. A copy of this petition<\/span> shall be delivered to the minor<\/span>’s consenting parent<\/span>. Upon receipt of the petition<\/span> and of the evaluator’s report submitted pursuant to subsection B, the judge<\/span> shall appoint a guardian ad litem<\/span> for the minor<\/span> and counsel<\/span> to represent the minor<\/span>, unless it has been determined that the minor<\/span> has retained counsel<\/span>. A copy of the evaluator’s report shall be provided to the minor<\/span>’s counsel<\/span> and guardian ad litem<\/span>. The court<\/span> and the guardian ad litem<\/span> shall review the petition<\/span> and evaluator’s report and shall ascertain the views of the minor<\/span>, the minor<\/span>’s consenting parent<\/span>, the evaluator, and the attending psychiatrist. The court<\/span> shall conduct its review in such place and manner, including the facility, as it deems to be in the best interests of the minor<\/span>. Based upon its review and the recommendations of the guardian ad litem<\/span>, the court<\/span> shall order<\/span> one of the following dispositions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the court<\/span> finds that the minor<\/span> does not meet the criteria for admission specified in subsection B, the court<\/span> shall issue<\/span> an order directing the facility to release the minor<\/span> into the custody<\/span> of the parent<\/span> who consented to the minor<\/span>’s admission. However, nothing herein shall be deemed to affect the terms and provisions of any valid court order<\/span> of custody<\/span> affecting the minor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the court<\/span> finds that the minor<\/span> meets the criteria for admission specified in subsection B, the court<\/span> shall issue<\/span> an order authorizing continued hospitalization of the minor<\/span> for up to 90 days on the basis of the parent<\/span>’s consent<\/span>.\n\t\t\t\tWithin 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>. A copy of the plan shall also be provided to the guardian ad litem<\/span> and to counsel<\/span> for 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the court<\/span> determines that the available information is insufficient to permit an informed determination regarding whether the minor<\/span> meets the criteria specified in subsection B, the court<\/span> shall schedule a commitment hearing<\/span> that shall be conducted in accordance with the procedures specified in §§ 16.1-341<\/a> through 16.1-345<\/a>. The minor<\/span> may be detained in the hospital for up to 120 additional hours pending the holding of the commitment hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A minor<\/span> admitted under this section who rescinds his objection may be retained in the hospital pursuant to § 16.1-338<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the parent<\/span> who consented to a minor<\/span>’s admission under this section revokes his consent<\/span> at any time, the minor<\/span> shall be released within 48 hours to the parent<\/span>’s custody<\/span> unless the minor<\/span>’s continued hospitalization is authorized pursuant to § 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/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 AN OBJECTING MINOR 14 YEARS OF AGE OR OLDER (\u00a7 16.1-339)\n\nA. A minor 14 years of age or older who (i) objects to admission or (ii) is\nincapable of making an informed decision may be admitted to a willing facility\nfor up to 120 hours, pending the review required by subsections B and C, upon\nthe application of a parent. If admission is sought to a state hospital, the\ncommunity services board serving the area in which the minor resides shall\nprovide the preadmission screening report required by subsection B of §\n16.1-338 and shall ensure that the necessary written findings, except the\nminor’s consent, have been made before approving the admission. A\ntemporary detention order under § 16.1-340.1 shall not be required for a\nminor to be admitted to a willing facility upon the application of a parent\npursuant to this section.\n\nB. A minor admitted under this section shall be examined within 24 hours of his\nadmission by a qualified evaluator designated by the community services board\nserving the area where the facility is located. If the 24-hour time period\nexpires on a Saturday, Sunday, legal holiday, or day on which the court is\nlawfully closed, the 24 hours shall extend to the next day that is not a\nSaturday, Sunday, legal holiday, or day on which the court is lawfully closed.\nThe evaluator shall prepare a report that shall include written findings as to\nwhether:\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;\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. 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\tThe qualified evaluator shall submit his report to the juvenile and\n domestic relations district court for the jurisdiction in which the facility\n is located.\n\nC. Upon admission of a minor under this section, the facility shall file a\npetition for judicial approval no sooner than 24 hours and no later than 120\nhours after admission with the juvenile and domestic relations district court\nfor the jurisdiction in which the facility is located. To the extent available,\nthe petition shall contain the information required by \u00a7 16.1-339.1. A copy of\nthis petition shall be delivered to the minor’s consenting parent. Upon\nreceipt of the petition and of the evaluator’s report submitted pursuant\nto subsection B, the judge shall appoint a guardian ad litem for the minor and\ncounsel to represent the minor, unless it has been determined that the minor has\nretained counsel. A copy of the evaluator’s report shall be provided to\nthe minor’s counsel and guardian ad litem. The court and the guardian ad\nlitem shall review the petition and evaluator’s report and shall ascertain\nthe views of the minor, the minor’s consenting parent, the evaluator, and\nthe attending psychiatrist. The court shall conduct its review in such place and\nmanner, including the facility, as it deems to be in the best interests of the\nminor. Based upon its review and the recommendations of the guardian ad litem,\nthe court shall order one of the following dispositions:\n\n 1. If the court finds that the minor does not meet the criteria for admission\n specified in subsection B, the court shall issue an order directing the\n facility to release the minor into the custody of the parent who consented to\n the minor’s admission. However, nothing herein shall be deemed to affect\n the terms and provisions of any valid court order of custody affecting the\n minor.\n\n 2. If the court finds that the minor meets the criteria for admission\n specified in subsection B, the court shall issue an order authorizing\n continued hospitalization of the minor for up to 90 days on the basis of the\n parent’s consent.\n \t\t\t\tWithin 10 days after the admission of a minor under this section, the\n director of the facility or the director’s designee shall ensure that an\n individualized plan of treatment has been prepared by the provider responsible\n for the minor’s treatment and has been explained to the parent\n consenting to the admission and to the minor. A copy of the plan shall also be\n provided to the guardian ad litem and to counsel for the minor. The minor\n shall be involved in the preparation of the plan to the maximum feasible\n extent consistent with his ability to understand and participate, and the\n minor’s family shall be involved to the maximum extent consistent with\n the minor’s treatment needs. The plan shall include a preliminary plan\n for placement and aftercare upon completion of inpatient treatment and shall\n include specific behavioral and emotional goals against which the success of\n treatment may be measured.\n\n 3. If the court determines that the available information is insufficient to\n permit an informed determination regarding whether the minor meets the\n criteria specified in subsection B, the court shall schedule a commitment\n hearing that shall be conducted in accordance with the procedures specified in\n §§ 16.1-341 through 16.1-345. The minor may be detained in the\n hospital for up to 120 additional hours pending the holding of the commitment\n hearing.\n\nD. A minor admitted under this section who rescinds his objection may be\nretained in the hospital pursuant to § 16.1-338.\n\nE. If the parent who consented to a minor’s admission under this section\nrevokes his consent at any time, the minor shall be released within 48 hours to\nthe parent’s custody unless the minor’s continued hospitalization is\nauthorized pursuant to § 16.1-340.1 or 16.1-345. If the 48-hour time period\nexpires on a Saturday, Sunday, legal holiday, or day on which the court is\nlawfully closed, the 48 hours shall extend to the next day that is not a\nSaturday, Sunday, legal holiday, or day on which the court is lawfully closed.\n\nF. 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, c. 716; 2007, cc. 500, 897; 2008, cc.\n139, 774, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2015, cc. 504,\n535, 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}}