{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-340.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-340.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-340.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-340.1.html"}],"law_id":68740,"edition_id":1,"section_id":68740,"structure_id":12702,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","history":"2010, cc. 778, 825; 2014, cc. 691, 773; 2018, c. 20; 2020, c. 945; 2022, c. 509; 2023, c. 636.","full_text":"A\n\nA magistrate shall issue, upon the sworn petition of a minor&#8217;s treating physician or parent or, if the parent is not available or is unable or unwilling to file a petition, by any responsible adult, including the person having custody over a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations district court, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in &#xA7; 16.1-345.1 by an employee or designee of the local community services board to determine whether the minor meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that (i) because of mental illness, the minor (a) presents a serious danger to himself or others to the extent that severe or irremediable injury is likely to result, as evidenced by recent acts or threats, or (b) is experiencing a serious deterioration of his ability to care for himself in a developmentally age-appropriate manner, as evidenced by delusionary thinking or by a significant impairment of functioning in hydration, nutrition, self-protection, or self-control; and (ii) the minor is in need of compulsory treatment for a mental illness and is reasonably likely to benefit from the proposed treatment. The magistrate shall also consider the recommendations of the minor&#8217;s parents and of any treating or examining physician licensed in Virginia if available either verbally or in writing prior to rendering a decision. To the extent possible, the petition shall contain the information required by &#xA7; 16.1-339.1. Any temporary detention order entered pursuant to this section shall be effective until such time as the juvenile and domestic relations district court serving the jurisdiction in which the minor is located conducts a hearing pursuant to subsection B of &#xA7; 16.1-341. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of &#xA7; 16.1-337. This subsection shall not preclude any other disclosures as required or permitted by law.B\n\nWhen considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the minor, (iii) any past mental health treatment of the minor, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.C\n\nA magistrate may issue a temporary detention order without an emergency custody order proceeding. A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection A if (i) the minor has been personally examined within the previous 72 hours by an employee or designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the minor or to others associated with conducting such evaluation.D\n\nAn employee or designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of &#xA7; 16.1-340.1:1 for all minors detained pursuant to this section. An employee or designee of the local community services board may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the minor given the specific security, medical, or behavioral health needs of the minor. In cases in which the facility of temporary detention is changed following transfer of custody to an initial facility of temporary detention, transportation of the minor to the alternative facility of temporary detention shall be provided in accordance with the provisions of &#xA7; 16.1-340.2. The initial facility of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention order; however, if an employee or designee of the local community services board designates an alternative facility, that employee or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, to the clerk of the issuing court of the name and address of the alternative facility. Subject to the provisions of &#xA7; 16.1-340.1:1, if a facility of temporary detention cannot be identified by the time of the expiration of the period of emergency custody pursuant to &#xA7; 16.1-340, the minor shall be detained in a state facility for the treatment of minors with mental illness and such facility shall be indicated on the temporary detention order. Except for minors who are detained for a criminal offense by a juvenile and domestic relations district court and who require hospitalization in accordance with this article, the minor shall not be detained in a jail or other place of confinement for persons charged with criminal offenses and shall remain in the custody of law enforcement until the minor is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by either the initial facility of temporary detention identified in the temporary detention order or by the alternative facility of temporary detention designated by the employee or designee of the local community services board pursuant to this subsection.E\n\nAny facility caring for a minor placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the minor within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to &#xA7; 37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.F\n\nThe employee or designee of the local community services board who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order, the insurance status of the minor. Where coverage by a third party payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third party payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.G\n\nThe duration of temporary detention shall be sufficient to allow for completion of the examination required by &#xA7; 16.1-342, preparation of the preadmission screening report required by &#xA7; 16.1-340.4, and initiation of mental health treatment to stabilize the minor&#8217;s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 96 hours prior to a hearing. If the 96-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the minor has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed, the minor may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the minor has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed. The minor may be released, pursuant to &#xA7; 16.1-340.3, before the 96-hour period herein specified has run.H\n\nIf a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court. Subsequent orders may be issued upon the original petition within 96 hours after the petition is filed. However, a magistrate must again obtain the advice of an employee or designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no temporary detention order or other process in connection therewith is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court.I\n\nFor purposes of this section, a health care provider or an employee or designee of the local community services board shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.J\n\nThe employee or designee of the local community services board who is conducting the evaluation pursuant to this section shall, if he recommends that the minor should not be subject to a temporary detention order, inform the petitioner and an on-site treating physician of his recommendation.K\n\nEach community services board shall provide to each juvenile and domestic relations district court and magistrate&#8217;s office within its service area a list of employees and designees who are available to perform the evaluations required herein.","order_by":null,"text":{"0":{"id":248848,"text":"A magistrate shall issue, upon the sworn petition of a minor&#8217;s treating physician or parent or, if the parent is not available or is unable or unwilling to file a petition, by any responsible adult, including the person having custody over a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations district court, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in &#xA7; 16.1-345.1 by an employee or designee of the local community services board to determine whether the minor meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that (i) because of mental illness, the minor (a) presents a serious danger to himself or others to the extent that severe or irremediable injury is likely to result, as evidenced by recent acts or threats, or (b) is experiencing a serious deterioration of his ability to care for himself in a developmentally age-appropriate manner, as evidenced by delusionary thinking or by a significant impairment of functioning in hydration, nutrition, self-protection, or self-control; and (ii) the minor is in need of compulsory treatment for a mental illness and is reasonably likely to benefit from the proposed treatment. The magistrate shall also consider the recommendations of the minor&#8217;s parents and of any treating or examining physician licensed in Virginia if available either verbally or in writing prior to rendering a decision. To the extent possible, the petition shall contain the information required by &#xA7; 16.1-339.1. Any temporary detention order entered pursuant to this section shall be effective until such time as the juvenile and domestic relations district court serving the jurisdiction in which the minor is located conducts a hearing pursuant to subsection B of &#xA7; 16.1-341. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of &#xA7; 16.1-337. This subsection shall not preclude any other disclosures as required or permitted by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248849,"text":"When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the minor, (iii) any past mental health treatment of the minor, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248850,"text":"A magistrate may issue a temporary detention order without an emergency custody order proceeding. A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection A if (i) the minor has been personally examined within the previous 72 hours by an employee or designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the minor or to others associated with conducting such evaluation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248851,"text":"An employee or designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of &#xA7; 16.1-340.1:1 for all minors detained pursuant to this section. An employee or designee of the local community services board may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the minor given the specific security, medical, or behavioral health needs of the minor. In cases in which the facility of temporary detention is changed following transfer of custody to an initial facility of temporary detention, transportation of the minor to the alternative facility of temporary detention shall be provided in accordance with the provisions of &#xA7; 16.1-340.2. The initial facility of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention order; however, if an employee or designee of the local community services board designates an alternative facility, that employee or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, to the clerk of the issuing court of the name and address of the alternative facility. Subject to the provisions of &#xA7; 16.1-340.1:1, if a facility of temporary detention cannot be identified by the time of the expiration of the period of emergency custody pursuant to &#xA7; 16.1-340, the minor shall be detained in a state facility for the treatment of minors with mental illness and such facility shall be indicated on the temporary detention order. Except for minors who are detained for a criminal offense by a juvenile and domestic relations district court and who require hospitalization in accordance with this article, the minor shall not be detained in a jail or other place of confinement for persons charged with criminal offenses and shall remain in the custody of law enforcement until the minor is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by either the initial facility of temporary detention identified in the temporary detention order or by the alternative facility of temporary detention designated by the employee or designee of the local community services board pursuant to this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":248852,"text":"Any facility caring for a minor placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the minor within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to &#xA7; 37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":248853,"text":"The employee or designee of the local community services board who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order, the insurance status of the minor. Where coverage by a third party payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third party payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":248854,"text":"The duration of temporary detention shall be sufficient to allow for completion of the examination required by &#xA7; 16.1-342, preparation of the preadmission screening report required by &#xA7; 16.1-340.4, and initiation of mental health treatment to stabilize the minor&#8217;s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 96 hours prior to a hearing. If the 96-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the minor has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed, the minor may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the minor has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed. The minor may be released, pursuant to &#xA7; 16.1-340.3, before the 96-hour period herein specified has run.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":248855,"text":"If a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court. Subsequent orders may be issued upon the original petition within 96 hours after the petition is filed. However, a magistrate must again obtain the advice of an employee or designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no temporary detention order or other process in connection therewith is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":248856,"text":"For purposes of this section, a health care provider or an employee or designee of the local community services board shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":248857,"text":"The employee or designee of the local community services board who is conducting the evaluation pursuant to this section shall, if he recommends that the minor should not be subject to a temporary detention order, inform the petitioner and an on-site treating physician of his recommendation.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":248858,"text":"Each community services board shall provide to each juvenile and domestic relations district court and magistrate&#8217;s office within its service area a list of employees and designees who are available to perform the evaluations required herein.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-340.1\/","history_text":"<p>This law was first created in 2010. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0778\">778<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0825\">825<\/a> 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. It has been modified 5 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 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0691\">691<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0773\">773<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0020\">20<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0945\">945<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0509\">509<\/a>; in 2023, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0636\">636<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"},{"id":60256,"section_number":"15.2-1724","catch_line":"Police and other officers may be sent beyond territorial limits","order_by":null,"url":"\/15.2-1724\/"},{"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":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":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"id":81671,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","order_by":null,"url":"\/16.1-340.1_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":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":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\/"},{"id":56287,"section_number":"8.01-389","catch_line":"Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgages; \"records\" defined; certification","order_by":null,"url":"\/8.01-389\/"}],"refers_to":[{"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":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":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"id":81671,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","order_by":null,"url":"\/16.1-340.1_1\/"},{"id":85419,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","order_by":null,"url":"\/16.1-340.2\/"},{"id":60394,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","order_by":null,"url":"\/16.1-340.3\/"},{"id":80218,"section_number":"16.1-340.4","catch_line":"Involuntary commitment; preadmission screening report","order_by":null,"url":"\/16.1-340.4\/"},{"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":65738,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/16.1-345.1\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"}],"permalink":{"id":161291,"object_type":"law","relational_id":68740,"identifier":"16.1-340.1","token":"16.1\/11\/16\/16.1-340.1","url":"\/16.1-340.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-340.1\/","token":"16.1\/11\/16\/16.1-340.1","dublin_core":{"Title":"Involuntary temporary detention; issuance and execution of order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-340.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">magistrate<\/span> shall <span class=\"dictionary\">issue<\/span>, upon the sworn <span class=\"dictionary\">petition<\/span> of a <span class=\"dictionary\">minor<\/span>&#8217;s treating physician or <span class=\"dictionary\">parent<\/span> or, if the <span class=\"dictionary\">parent<\/span> is not available or is unable or unwilling to file a <span class=\"dictionary\">petition<\/span>, by any responsible <span class=\"dictionary\">adult<\/span>, including the person having <span class=\"dictionary\">custody<\/span> over a <span class=\"dictionary\">minor<\/span> in detention or <span class=\"dictionary\">shelter care<\/span> pursuant to an <span class=\"dictionary\">order<\/span> of a juvenile and domestic relations district <span class=\"dictionary\">court<\/span>, or upon his own <span class=\"dictionary\">motion<\/span> and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in &#xA7; <a class=\"law\" title=\"Use of electronic communication\" href=\"\/16.1-345.1\/\">16.1-345.1<\/a> by an <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> to determine whether the <span class=\"dictionary\">minor<\/span> meets the criteria for temporary detention, a temporary detention <span class=\"dictionary\">order<\/span> if it appears from all <span class=\"dictionary\">evidence<\/span> readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that (i) because of <span class=\"dictionary\">mental illness<\/span>, the <span class=\"dictionary\">minor<\/span> (a) presents a serious danger to himself or others to the extent that severe or irremediable injury is likely to result, as evidenced by recent acts or threats, or (b) is experiencing a serious deterioration of his ability to care for himself in a developmentally age-appropriate manner, as evidenced by delusionary thinking or by a significant impairment of functioning in hydration, nutrition, self-protection, or self-control; and (ii) the <span class=\"dictionary\">minor<\/span> is in need of compulsory <span class=\"dictionary\">treatment<\/span> for a <span class=\"dictionary\">mental illness<\/span> and is reasonably likely to benefit from the proposed <span class=\"dictionary\">treatment<\/span>. The <span class=\"dictionary\">magistrate<\/span> shall also consider the recommendations of the <span class=\"dictionary\">minor<\/span>&#8217;s <span class=\"dictionary\">parents<\/span> and of any treating or examining physician licensed in Virginia if available either verbally or in writing prior to rendering a decision. To the extent possible, the <span class=\"dictionary\">petition<\/span> shall contain the information required by &#xA7; <a class=\"law\" title=\"Minors in detention homes or shelter care facilities\" href=\"\/16.1-339.1\/\">16.1-339.1<\/a>. Any temporary detention <span class=\"dictionary\">order<\/span> entered pursuant to this section shall be effective until such time as the juvenile and domestic relations district <span class=\"dictionary\">court<\/span> serving the <span class=\"dictionary\">jurisdiction<\/span> in which the <span class=\"dictionary\">minor<\/span> is located conducts a <span class=\"dictionary\">hearing<\/span> pursuant to subsection B of &#xA7; <a class=\"law\" title=\"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel\" href=\"\/16.1-341\/\">16.1-341<\/a>. Any temporary detention <span class=\"dictionary\">order<\/span> entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of &#xA7; <a class=\"law\" title=\"Inpatient treatment of minors; general applicability; disclosure of records\" href=\"\/16.1-337\/\">16.1-337<\/a>. This subsection shall not preclude any other disclosures as required or permitted by <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-248848\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> When considering whether there is <span class=\"dictionary\">probable cause<\/span> to <span class=\"dictionary\">issue<\/span> a temporary detention <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">magistrate<\/span> may, in addition to the <span class=\"dictionary\">petition<\/span>, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the <span class=\"dictionary\">minor<\/span>, (iii) any past <span class=\"dictionary\">mental health treatment<\/span> of the <span class=\"dictionary\">minor<\/span>, (iv) any relevant <span class=\"dictionary\">hearsay<\/span> <span class=\"dictionary\">evidence<\/span>, (v) any medical records available, (vi) any <span class=\"dictionary\">affidavits<\/span> submitted, if the <span class=\"dictionary\">witness<\/span> is unavailable and it so states in the <span class=\"dictionary\">affidavit<\/span>, and (vii) any other information available that the <span class=\"dictionary\">magistrate<\/span> considers relevant to the determination of whether <span class=\"dictionary\">probable cause<\/span> exists to <span class=\"dictionary\">issue<\/span> a temporary detention <span class=\"dictionary\">order<\/span>. <a id=\"paragraph-248849\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">magistrate<\/span> may <span class=\"dictionary\">issue<\/span> a temporary detention <span class=\"dictionary\">order<\/span> without an emergency <span class=\"dictionary\">custody<\/span> <span class=\"dictionary\">order<\/span> proceeding. A <span class=\"dictionary\">magistrate<\/span> may <span class=\"dictionary\">issue<\/span> a temporary detention <span class=\"dictionary\">order<\/span> without a prior evaluation pursuant to subsection A if (i) the <span class=\"dictionary\">minor<\/span> has been personally examined within the previous 72 hours by an <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> or (ii) there is a significant physical, psychological, or medical risk to the <span class=\"dictionary\">minor<\/span> or to others associated with conducting such evaluation. <a id=\"paragraph-248850\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> An <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> shall determine the facility of temporary detention in accordance with the provisions of &#xA7; <a class=\"law\" title=\"Facility of temporary detention\" href=\"\/16.1-340.1_1\/\">16.1-340.1:1<\/a> for all <span class=\"dictionary\">minors<\/span> detained pursuant to this section. An <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the <span class=\"dictionary\">minor<\/span> given the specific security, medical, or behavioral health needs of the <span class=\"dictionary\">minor<\/span>. In cases in which the facility of temporary detention is changed following transfer of <span class=\"dictionary\">custody<\/span> to an initial facility of temporary detention, transportation of the <span class=\"dictionary\">minor<\/span> to the alternative facility of temporary detention shall be provided in accordance with the provisions of &#xA7; <a class=\"law\" title=\"Transportation of minor in the temporary detention process\" href=\"\/16.1-340.2\/\">16.1-340.2<\/a>. The initial facility of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention <span class=\"dictionary\">order<\/span>; however, if an <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> designates an alternative facility, that <span class=\"dictionary\">employee<\/span> or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia, to the clerk of the issuing <span class=\"dictionary\">court<\/span> of the name and address of the alternative facility. Subject to the provisions of &#xA7; <a class=\"law\" title=\"Facility of temporary detention\" href=\"\/16.1-340.1_1\/\">16.1-340.1:1<\/a>, if a facility of temporary detention cannot be identified by the time of the expiration of the period of emergency <span class=\"dictionary\">custody<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Emergency custody; issuance and execution of order\" href=\"\/16.1-340\/\">16.1-340<\/a>, the <span class=\"dictionary\">minor<\/span> shall be detained in a state facility for the treatment of <span class=\"dictionary\">minors<\/span> with <span class=\"dictionary\">mental illness<\/span> and such facility shall be indicated on the temporary detention <span class=\"dictionary\">order<\/span>. Except for <span class=\"dictionary\">minors<\/span> who are detained for a criminal <span class=\"dictionary\">offense<\/span> by a juvenile and domestic relations district <span class=\"dictionary\">court<\/span> and who require hospitalization in accordance with this article, the <span class=\"dictionary\">minor<\/span> shall not be detained in a <span class=\"dictionary\">jail<\/span> or other place of confinement for persons charged with criminal <span class=\"dictionary\">offenses<\/span> and shall remain in the <span class=\"dictionary\">custody<\/span> of <span class=\"dictionary\">law<\/span> enforcement until the <span class=\"dictionary\">minor<\/span> is either detained within a <span class=\"dictionary\">secure facility<\/span> or <span class=\"dictionary\">custody<\/span> has been accepted by the appropriate personnel designated by either the initial facility of temporary detention identified in the temporary detention <span class=\"dictionary\">order<\/span> or by the alternative facility of temporary detention designated by the <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> pursuant to this subsection. <a id=\"paragraph-248851\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Any facility caring for a <span class=\"dictionary\">minor<\/span> placed with it pursuant to a temporary detention <span class=\"dictionary\">order<\/span> is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the <span class=\"dictionary\">minor<\/span> within its care. The costs incurred as a result of the <span class=\"dictionary\">hearings<\/span> and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to &#xA7; <a class=\"law\" title=\"Fees and expenses\" href=\"\/37.2-804\/\">37.2-804<\/a>. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the <span class=\"dictionary\">State Board<\/span> of Medical Assistance Services based on reasonable criteria. The <span class=\"dictionary\">State Board<\/span> of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention. <a id=\"paragraph-248852\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention <span class=\"dictionary\">order<\/span>, the insurance status of the <span class=\"dictionary\">minor<\/span>. Where coverage by a third <span class=\"dictionary\">party<\/span> payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third <span class=\"dictionary\">party<\/span> payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third <span class=\"dictionary\">party<\/span> payor have been received. <a id=\"paragraph-248853\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The duration of temporary detention shall be sufficient to allow for completion of the examination required by &#xA7; <a class=\"law\" title=\"Involuntary commitment; clinical evaluation\" href=\"\/16.1-342\/\">16.1-342<\/a>, preparation of the preadmission screening report required by &#xA7; <a class=\"law\" title=\"Involuntary commitment; preadmission screening report\" href=\"\/16.1-340.4\/\">16.1-340.4<\/a>, and initiation of <span class=\"dictionary\">mental health treatment<\/span> to stabilize the <span class=\"dictionary\">minor<\/span>&#8217;s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 96 hours prior to a <span class=\"dictionary\">hearing<\/span>. If the 96-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the <span class=\"dictionary\">minor<\/span> has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed, the <span class=\"dictionary\">minor<\/span> may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the <span class=\"dictionary\">minor<\/span> has been admitted to a facility of temporary detention, day or part of a day on which the clerk&#8217;s office is lawfully closed. The <span class=\"dictionary\">minor<\/span> may be released, pursuant to &#xA7; <a class=\"law\" title=\"Release of minor prior to commitment hearing for involuntary admission\" href=\"\/16.1-340.3\/\">16.1-340.3<\/a>, before the 96-hour period herein specified has run. <a id=\"paragraph-248854\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> If a temporary detention <span class=\"dictionary\">order<\/span> is not executed within 24 hours of its issuance, or within a shorter period as is specified in the <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">order<\/span> shall be void and shall be returned unexecuted to the office of the clerk of the issuing <span class=\"dictionary\">court<\/span> or, if the office is not open, to any <span class=\"dictionary\">magistrate<\/span> serving the <span class=\"dictionary\">jurisdiction<\/span> of the issuing <span class=\"dictionary\">court<\/span>. Subsequent <span class=\"dictionary\">orders<\/span> may be issued upon the original <span class=\"dictionary\">petition<\/span> within 96 hours after the <span class=\"dictionary\">petition<\/span> is filed. However, a <span class=\"dictionary\">magistrate<\/span> must again obtain the advice of an <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> prior to issuing a subsequent <span class=\"dictionary\">order<\/span> upon the original <span class=\"dictionary\">petition<\/span>. Any <span class=\"dictionary\">petition<\/span> for which no temporary detention <span class=\"dictionary\">order<\/span> or other process in connection therewith is served on the subject of the <span class=\"dictionary\">petition<\/span> within 96 hours after the <span class=\"dictionary\">petition<\/span> is filed shall be void and shall be returned to the office of the clerk of the issuing <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-248855\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> For purposes of this section, a health care provider or an <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> shall not be required to encrypt any email containing information or medical records provided to a <span class=\"dictionary\">magistrate<\/span> unless there is reason to believe that a third <span class=\"dictionary\">party<\/span> will attempt to intercept the email. <a id=\"paragraph-248856\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> The <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">designee of the local <span class=\"dictionary\">community services board<\/span><\/span> who is conducting the evaluation pursuant to this section shall, if he recommends that the <span class=\"dictionary\">minor<\/span> should not be subject to a temporary detention <span class=\"dictionary\">order<\/span>, inform the petitioner and an on-site treating physician of his recommendation. <a id=\"paragraph-248857\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> Each <span class=\"dictionary\">community services board<\/span> shall provide to each juvenile and domestic relations district <span class=\"dictionary\">court<\/span> and <span class=\"dictionary\">magistrate<\/span>&#8217;s office within its service area a list of <span class=\"dictionary\">employees<\/span> and designees who are available to perform the evaluations required herein. <a id=\"paragraph-248858\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-340.1\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINVOLUNTARY TEMPORARY DETENTION; ISSUANCE AND EXECUTION OF ORDER (\u00a7 16.1-340.1)\n\nA. A magistrate shall issue, upon the sworn petition of a minor&#8217;s treating\nphysician or parent or, if the parent is not available or is unable or unwilling\nto file a petition, by any responsible adult, including the person having\ncustody over a minor in detention or shelter care pursuant to an order of a\njuvenile and domestic relations district court, or upon his own motion and only\nafter an evaluation conducted in-person or by means of a two-way electronic\nvideo and audio communication system as authorized in &#xA7; 16.1-345.1 by an\nemployee or designee of the local community services board to determine whether\nthe minor meets the criteria for temporary detention, a temporary detention\norder if it appears from all evidence readily available, including any\nrecommendation from a physician, clinical psychologist, clinical social worker,\nor licensed professional counselor treating the person, that (i) because of\nmental illness, the minor (a) presents a serious danger to himself or others to\nthe extent that severe or irremediable injury is likely to result, as evidenced\nby recent acts or threats, or (b) is experiencing a serious deterioration of his\nability to care for himself in a developmentally age-appropriate manner, as\nevidenced by delusionary thinking or by a significant impairment of functioning\nin hydration, nutrition, self-protection, or self-control; and (ii) the minor is\nin need of compulsory treatment for a mental illness and is reasonably likely to\nbenefit from the proposed treatment. The magistrate shall also consider the\nrecommendations of the minor&#8217;s parents and of any treating or examining\nphysician licensed in Virginia if available either verbally or in writing prior\nto rendering a decision. To the extent possible, the petition shall contain the\ninformation required by &#xA7; 16.1-339.1. Any temporary detention order entered\npursuant to this section shall be effective until such time as the juvenile and\ndomestic relations district court serving the jurisdiction in which the minor is\nlocated conducts a hearing pursuant to subsection B of &#xA7; 16.1-341. Any\ntemporary detention order entered pursuant to this section shall provide for the\ndisclosure of medical records pursuant to subsection B of &#xA7; 16.1-337. This\nsubsection shall not preclude any other disclosures as required or permitted by\nlaw.\n\nB. When considering whether there is probable cause to issue a temporary\ndetention order, the magistrate may, in addition to the petition, consider (i)\nthe recommendations of any treating or examining physician, psychologist,\nclinical social worker, or licensed professional counselor licensed in Virginia,\nif available, (ii) any past actions of the minor, (iii) any past mental health\ntreatment of the minor, (iv) any relevant hearsay evidence, (v) any medical\nrecords available, (vi) any affidavits submitted, if the witness is unavailable\nand it so states in the affidavit, and (vii) any other information available\nthat the magistrate considers relevant to the determination of whether probable\ncause exists to issue a temporary detention order.\n\nC. A magistrate may issue a temporary detention order without an emergency\ncustody order proceeding. A magistrate may issue a temporary detention order\nwithout a prior evaluation pursuant to subsection A if (i) the minor has been\npersonally examined within the previous 72 hours by an employee or designee of\nthe local community services board or (ii) there is a significant physical,\npsychological, or medical risk to the minor or to others associated with\nconducting such evaluation.\n\nD. An employee or designee of the local community services board shall determine\nthe facility of temporary detention in accordance with the provisions of &#xA7;\n16.1-340.1:1 for all minors detained pursuant to this section. An employee or\ndesignee of the local community services board may change the facility of\ntemporary detention and may designate an alternative facility for temporary\ndetention at any point during the period of temporary detention if it is\ndetermined that the alternative facility is a more appropriate facility for\ntemporary detention of the minor given the specific security, medical, or\nbehavioral health needs of the minor. In cases in which the facility of\ntemporary detention is changed following transfer of custody to an initial\nfacility of temporary detention, transportation of the minor to the alternative\nfacility of temporary detention shall be provided in accordance with the\nprovisions of &#xA7; 16.1-340.2. The initial facility of temporary detention\nshall be identified on the preadmission screening report and indicated on the\ntemporary detention order; however, if an employee or designee of the local\ncommunity services board designates an alternative facility, that employee or\ndesignee shall provide written notice forthwith, on a form developed by the\nExecutive Secretary of the Supreme Court of Virginia, to the clerk of the\nissuing court of the name and address of the alternative facility. Subject to\nthe provisions of &#xA7; 16.1-340.1:1, if a facility of temporary detention\ncannot be identified by the time of the expiration of the period of emergency\ncustody pursuant to &#xA7; 16.1-340, the minor shall be detained in a state\nfacility for the treatment of minors with mental illness and such facility shall\nbe indicated on the temporary detention order. Except for minors who are\ndetained for a criminal offense by a juvenile and domestic relations district\ncourt and who require hospitalization in accordance with this article, the minor\nshall not be detained in a jail or other place of confinement for persons\ncharged with criminal offenses and shall remain in the custody of law\nenforcement until the minor is either detained within a secure facility or\ncustody has been accepted by the appropriate personnel designated by either the\ninitial facility of temporary detention identified in the temporary detention\norder or by the alternative facility of temporary detention designated by the\nemployee or designee of the local community services board pursuant to this\nsubsection.\n\nE. Any facility caring for a minor placed with it pursuant to a temporary\ndetention order is authorized to provide emergency medical and psychiatric\nservices within its capabilities when the facility determines that the services\nare in the best interests of the minor within its care. The costs incurred as a\nresult of the hearings and by the facility in providing services during the\nperiod of temporary detention shall be paid and recovered pursuant to &#xA7;\n37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this\nsection shall be established by the State Board of Medical Assistance Services\nbased on reasonable criteria. The State Board of Medical Assistance Services\nshall, by regulation, establish a reasonable rate per day of inpatient care for\ntemporary detention.\n\nF. The employee or designee of the local community services board who is\nconducting the evaluation pursuant to this section shall determine, prior to the\nissuance of the temporary detention order, the insurance status of the minor.\nWhere coverage by a third party payor exists, the facility seeking reimbursement\nunder this section shall first seek reimbursement from the third party payor.\nThe Commonwealth shall reimburse the facility only for the balance of costs\nremaining after the allowances covered by the third party payor have been\nreceived.\n\nG. The duration of temporary detention shall be sufficient to allow for\ncompletion of the examination required by &#xA7; 16.1-342, preparation of the\npreadmission screening report required by &#xA7; 16.1-340.4, and initiation of\nmental health treatment to stabilize the minor&#8217;s psychiatric condition to\navoid involuntary commitment where possible, but shall not exceed 96 hours prior\nto a hearing. If the 96-hour period herein specified terminates on a Saturday,\nSunday, legal holiday, or, if the minor has been admitted to a facility of\ntemporary detention, day or part of a day on which the clerk&#8217;s office is\nlawfully closed, the minor may be detained, as herein provided, until the close\nof business on the next day that is not a Saturday, Sunday, legal holiday, or,\nif the minor has been admitted to a facility of temporary detention, day or part\nof a day on which the clerk&#8217;s office is lawfully closed. The minor may be\nreleased, pursuant to &#xA7; 16.1-340.3, before the 96-hour period herein\nspecified has run.\n\nH. If a temporary detention order is not executed within 24 hours of its\nissuance, or within a shorter period as is specified in the order, the order\nshall be void and shall be returned unexecuted to the office of the clerk of the\nissuing court or, if the office is not open, to any magistrate serving the\njurisdiction of the issuing court. Subsequent orders may be issued upon the\noriginal petition within 96 hours after the petition is filed. However, a\nmagistrate must again obtain the advice of an employee or designee of the local\ncommunity services board prior to issuing a subsequent order upon the original\npetition. Any petition for which no temporary detention order or other process\nin connection therewith is served on the subject of the petition within 96 hours\nafter the petition is filed shall be void and shall be returned to the office of\nthe clerk of the issuing court.\n\nI. For purposes of this section, a health care provider or an employee or\ndesignee of the local community services board shall not be required to encrypt\nany email containing information or medical records provided to a magistrate\nunless there is reason to believe that a third party will attempt to intercept\nthe email.\n\nJ. The employee or designee of the local community services board who is\nconducting the evaluation pursuant to this section shall, if he recommends that\nthe minor should not be subject to a temporary detention order, inform the\npetitioner and an on-site treating physician of his recommendation.\n\nK. Each community services board shall provide to each juvenile and domestic\nrelations district court and magistrate&#8217;s office within its service area a\nlist of employees and designees who are available to perform the evaluations\nrequired herein.\n\nHISTORY: 2010, cc. 778, 825; 2014, cc. 691, 773; 2018, c. 20; 2020, c. 945;\n2022, c. 509; 2023, c. 636.","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}}