{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-340.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-340.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-340.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-340.1_1.html"}],"law_id":81671,"edition_id":1,"section_id":81671,"structure_id":12702,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","history":"2014, cc. 691, 773; 2015, cc. 121, 309.","full_text":"A\n\nIn each case in which an employee or designee of the local community services board is required to make an evaluation of a minor pursuant to subsection B, G, or H of § 16.1-340, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the minor will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 16.1-340. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the minor necessary to allow the state facility to determine the services the minor will require upon admission.B\n\nA state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the minor. Under no circumstances shall a state facility fail or refuse to admit a minor who meets the criteria for temporary detention pursuant to § 16.1-340.1 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the minor for temporary detention, and the minor shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the minor to the state facility or alternative facility in accordance with the provisions of § 16.1-340.2. If an alternative facility is identified and agrees to accept the minor for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.C\n\nThe facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the State Board of Behavioral Health and Developmental Services.","order_by":null,"text":{"0":{"id":292554,"text":"In each case in which an employee or designee of the local community services board is required to make an evaluation of a minor pursuant to subsection B, G, or H of § 16.1-340, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the minor will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 16.1-340. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the minor necessary to allow the state facility to determine the services the minor will require upon admission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292555,"text":"A state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the minor. Under no circumstances shall a state facility fail or refuse to admit a minor who meets the criteria for temporary detention pursuant to § 16.1-340.1 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the minor for temporary detention, and the minor shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the minor to the state facility or alternative facility in accordance with the provisions of § 16.1-340.2. If an alternative facility is identified and agrees to accept the minor for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292556,"text":"The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the State Board of Behavioral Health and Developmental Services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-340.1:1\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 691<\/a> and 773<\/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 1 time. 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. That modification is as follows: in 2015, chapters 121<\/a> and 309<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"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":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\/"}],"permalink":{"id":161295,"object_type":"law","relational_id":81671,"identifier":"16.1-340.1:1","token":"16.1\/11\/16\/16.1-340.1_1","url":"\/16.1-340.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-340.1_1\/","token":"16.1\/11\/16\/16.1-340.1_1","dublin_core":{"Title":"Facility of temporary detention","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-340.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In each case in which an employee<\/span> or designee of the local community services board<\/span><\/span> is required to make an evaluation of a minor<\/span> pursuant to subsection B, G, or H of § 16.1-340<\/a>, an employee<\/span> or designee of the local community services board<\/span><\/span> shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board<\/span> is located and notify the state facility that the minor<\/span> will be transported to the facility upon issuance of a temporary detention order<\/span> if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody<\/span> pursuant to § 16.1-340<\/a>. Upon completion of the evaluation, the employee<\/span> or designee of the local community services board<\/span><\/span> shall convey to the state facility information about the minor<\/span> necessary to allow the state facility to determine the services the minor<\/span> will require upon admission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor<\/span>, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the minor<\/span>. Under no circumstances shall a state facility fail or refuse to admit a minor<\/span> who meets the criteria for temporary detention pursuant to § 16.1-340.1<\/a> unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the minor<\/span> for temporary detention, and the minor<\/span> shall not during the duration of the temporary detention order<\/span> be released from custody<\/span> except for purposes of transporting the minor<\/span> to the state facility or alternative facility in accordance with the provisions of § 16.1-340.2<\/a>. If an alternative facility is identified and agrees to accept the minor<\/span> for temporary detention, the state facility shall notify the community services board<\/span>, and an employee<\/span> or designee of the community services board<\/span> shall designate the alternative facility on the prescreening report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the State Board<\/span> of Behavioral Health and Developmental Services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFACILITY OF TEMPORARY DETENTION (\u00a7 16.1-340.1:1)\n\nA. In each case in which an employee or designee of the local community services\nboard is required to make an evaluation of a minor pursuant to subsection B, G,\nor H of § 16.1-340, an employee or designee of the local community services\nboard shall, upon being notified of the need for such evaluation, contact the\nstate facility for the area in which the community services board is located and\nnotify the state facility that the minor will be transported to the facility\nupon issuance of a temporary detention order if no other facility of temporary\ndetention can be identified by the time of the expiration of the period of\nemergency custody pursuant to § 16.1-340. Upon completion of the\nevaluation, the employee or designee of the local community services board shall\nconvey to the state facility information about the minor necessary to allow the\nstate facility to determine the services the minor will require upon admission.\n\nB. A state facility may, following the notice in accordance with subsection A,\nconduct a search for an alternative facility that is able and willing to provide\ntemporary detention and appropriate care to the minor, which may include another\nstate facility if the state facility notified in accordance with subsection A is\nunable to provide temporary detention and appropriate care for the minor. Under\nno circumstances shall a state facility fail or refuse to admit a minor who\nmeets the criteria for temporary detention pursuant to § 16.1-340.1 unless\nan alternative facility that is able to provide temporary detention and\nappropriate care agrees to accept the minor for temporary detention, and the\nminor shall not during the duration of the temporary detention order be released\nfrom custody except for purposes of transporting the minor to the state facility\nor alternative facility in accordance with the provisions of § 16.1-340.2.\nIf an alternative facility is identified and agrees to accept the minor for\ntemporary detention, the state facility shall notify the community services\nboard, and an employee or designee of the community services board shall\ndesignate the alternative facility on the prescreening report.\n\nC. The facility of temporary detention designated in accordance with this\nsection shall be one that has been approved pursuant to regulations of the State\nBoard of Behavioral Health and Developmental Services.\n\nHISTORY: 2014, cc. 691, 773; 2015, cc. 121, 309.","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}}