{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-340.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-340.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-340.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-340.2.html"}],"law_id":85419,"edition_id":1,"section_id":85419,"structure_id":12702,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","history":"2010, cc. 778, 825; 2015, cc. 297, 308; 2018, c. 20; 2020, cc. 879, 880.","full_text":"A\n\nIn specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the minor resides to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction in which the minor resides is more than 50 miles from the nearest boundary of the jurisdiction in which the minor is located, the law-enforcement agency of the jurisdiction in which the minor is located shall execute the order and provide transportation.B\n\nThe magistrate issuing the temporary detention order shall specify the law-enforcement agency to execute the order and provide transportation. However, the magistrate may authorize transportation by an alternative transportation provider, including a parent, family member, or friend of the minor who is the subject of the temporary detention order, a representative of the community services board, or other transportation provider with personnel trained to provide transportation in a safe manner upon determining, following consideration of information provided by the petitioner; the community services board or its designee; the local law-enforcement agency, if any; the minor’s treating physician, if any; or other persons who are available and have knowledge of the minor, and, when the magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way electronic video and audio or telephone communication system, that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. When transportation is ordered to be provided by an alternative transportation provider, the magistrate shall order the specified primary law-enforcement agency to execute the order, to take the minor into custody, and to transfer custody of the minor to the alternative transportation provider identified in the order.\n\t\t\tIn such cases any case in which a magistrate authorizes transportation of a minor subject to a temporary detention order by an alternative transportation provider, a copy of the temporary detention order shall accompany the minor being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order to the court designated by the magistrate as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.\n\t\t\tThe order may include transportation of the minor to such other medical facility as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a minor in his custody as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state and federal law.C\n\nIf an alternative transportation provider providing transportation of a minor who is the subject of a temporary detention order becomes unable to continue providing transportation of the minor at any time after taking custody of the minor, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody of the minor and shall transport the minor to the facility of temporary detention. In such cases, (i) a copy of the temporary detention order shall accompany the minor being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B and (ii) if the alternative transportation provider originally authorized to provide transportation is a person other than the minor’s parent, the alternative transportation provider shall notify the minor’s parent (a) that the primary law-enforcement agency for the jurisdiction in which he is located has taken custody of the minor and is transporting the minor to the facility of temporary detention and (b) of the name of the law-enforcement officer providing transportation of the minor.D\n\nIn cases in which an alternative facility of temporary detention is identified and the law-enforcement agency or alternative transportation provider identified to provide transportation in accordance with subsection B continues to have custody of the minor, the local law-enforcement agency or alternative transportation provider shall transport the minor to the alternative facility of temporary detention identified by the employee or designee of the local community services board. In cases in which an alternative facility of temporary detention is identified and custody of the minor has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the local community services board shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the minor resides or, if the nearest boundary of the jurisdiction in which the minor resides is more than 50 miles from the nearest boundary of the jurisdiction in which the minor is located, the law-enforcement agency of the jurisdiction in which the minor is located, to provide transportation.E\n\nThe magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a minor who is the subject of a temporary detention order pursuant to this section. If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the minor shall transfer custody of the minor to the transportation provider subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider” includes both a law-enforcement agency and an alternative transportation provider.F\n\nA law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.G\n\nNo person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.","order_by":null,"text":{"0":{"id":306003,"text":"In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the minor resides to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction in which the minor resides is more than 50 miles from the nearest boundary of the jurisdiction in which the minor is located, the law-enforcement agency of the jurisdiction in which the minor is located shall execute the order and provide transportation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306004,"text":"The magistrate issuing the temporary detention order shall specify the law-enforcement agency to execute the order and provide transportation. However, the magistrate may authorize transportation by an alternative transportation provider, including a parent, family member, or friend of the minor who is the subject of the temporary detention order, a representative of the community services board, or other transportation provider with personnel trained to provide transportation in a safe manner upon determining, following consideration of information provided by the petitioner; the community services board or its designee; the local law-enforcement agency, if any; the minor’s treating physician, if any; or other persons who are available and have knowledge of the minor, and, when the magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way electronic video and audio or telephone communication system, that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. When transportation is ordered to be provided by an alternative transportation provider, the magistrate shall order the specified primary law-enforcement agency to execute the order, to take the minor into custody, and to transfer custody of the minor to the alternative transportation provider identified in the order.\n\t\t\tIn such cases any case in which a magistrate authorizes transportation of a minor subject to a temporary detention order by an alternative transportation provider, a copy of the temporary detention order shall accompany the minor being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order to the court designated by the magistrate as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.\n\t\t\tThe order may include transportation of the minor to such other medical facility as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a minor in his custody as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state and federal law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306005,"text":"If an alternative transportation provider providing transportation of a minor who is the subject of a temporary detention order becomes unable to continue providing transportation of the minor at any time after taking custody of the minor, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody of the minor and shall transport the minor to the facility of temporary detention. In such cases, (i) a copy of the temporary detention order shall accompany the minor being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B and (ii) if the alternative transportation provider originally authorized to provide transportation is a person other than the minor’s parent, the alternative transportation provider shall notify the minor’s parent (a) that the primary law-enforcement agency for the jurisdiction in which he is located has taken custody of the minor and is transporting the minor to the facility of temporary detention and (b) of the name of the law-enforcement officer providing transportation of the minor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306006,"text":"In cases in which an alternative facility of temporary detention is identified and the law-enforcement agency or alternative transportation provider identified to provide transportation in accordance with subsection B continues to have custody of the minor, the local law-enforcement agency or alternative transportation provider shall transport the minor to the alternative facility of temporary detention identified by the employee or designee of the local community services board. In cases in which an alternative facility of temporary detention is identified and custody of the minor has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the local community services board shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the minor resides or, if the nearest boundary of the jurisdiction in which the minor resides is more than 50 miles from the nearest boundary of the jurisdiction in which the minor is located, the law-enforcement agency of the jurisdiction in which the minor is located, to provide transportation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306007,"text":"The magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a minor who is the subject of a temporary detention order pursuant to this section. If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the minor shall transfer custody of the minor to the transportation provider subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider” includes both a law-enforcement agency and an alternative transportation provider.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":306008,"text":"A law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":306009,"text":"No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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; 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This law was first created in 2010. The record of its establishment is cataloged in chapters 778<\/a> and 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 3 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 2015, chapters 297<\/a> and 308<\/a>; in 2018, chapter 20<\/a>; in 2020, chapters 879<\/a> and 880<\/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\/"},{"id":81671,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","order_by":null,"url":"\/16.1-340.1_1\/"}],"refers_to":false,"permalink":{"id":161299,"object_type":"law","relational_id":85419,"identifier":"16.1-340.2","token":"16.1\/11\/16\/16.1-340.2","url":"\/16.1-340.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-340.2\/","token":"16.1\/11\/16\/16.1-340.2","dublin_core":{"Title":"Transportation of minor in the temporary detention process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-340.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In specifying the primary law-enforcement agency and jurisdiction<\/span> for purposes of this section, the magistrate<\/span> shall specify in the temporary detention order<\/span> the law<\/span>-enforcement agency of the jurisdiction<\/span> in which the minor<\/span> resides to execute the order<\/span> and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction<\/span> in which the minor<\/span> resides is more than 50 miles from the nearest boundary of the jurisdiction<\/span> in which the minor<\/span> is located, the law<\/span>-enforcement agency of the jurisdiction<\/span> in which the minor<\/span> is located shall execute the order<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The magistrate<\/span> issuing the temporary detention order<\/span> shall specify the law<\/span>-enforcement agency to execute the order<\/span> and provide transportation. However, the magistrate<\/span> may authorize transportation by an alternative transportation provider<\/span>, including a parent<\/span>, family member, or friend of the minor<\/span> who is the subject of the temporary detention order<\/span>, a representative of the community services board<\/span>, or other transportation provider<\/span> with personnel trained to provide transportation in a safe manner upon determining, following consideration of information provided by the petitioner; the community services board<\/span> or its designee; the local law-enforcement agency, if any; the minor<\/span>’s treating physician, if any; or other persons who are available and have knowledge of the minor<\/span>, and, when the magistrate<\/span> deems appropriate, the proposed alternative transportation provider<\/span>, either in person or via two-way electronic video and audio or telephone communication system, that the proposed alternative transportation provider<\/span> is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. When transportation is ordered to be provided by an alternative transportation provider<\/span>, the magistrate<\/span> shall order<\/span> the specified primary law-enforcement agency to execute the order<\/span>, to take the minor<\/span> into custody<\/span>, and to transfer custody<\/span> of the minor<\/span> to the alternative transportation provider<\/span> identified in the order<\/span>.\n\t\t\tIn such cases any case in which a magistrate<\/span> authorizes transportation of a minor<\/span> subject to a temporary detention order<\/span> by an alternative transportation provider<\/span>, a copy of the temporary detention order<\/span> shall accompany the minor<\/span> being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider<\/span> to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order<\/span> to the court<\/span> designated by the magistrate<\/span> as soon as is practicable. Delivery of an order<\/span> to a law-enforcement officer or alternative transportation provider<\/span> and return of an order<\/span> to the court<\/span> may be accomplished electronically or by facsimile.\n\t\t\tThe order<\/span> may include transportation of the minor<\/span> to such other medical facility as may be necessary to obtain further medical evaluation or treatment<\/span> prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider<\/span> from obtaining emergency medical treatment<\/span> or further medical evaluation at any time for a minor<\/span> in his custody<\/span> as provided in this section. Such medical evaluation or treatment<\/span> shall be conducted immediately in accordance with state and federal law. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an alternative transportation provider<\/span> providing transportation of a minor<\/span> who is the subject of a temporary detention order<\/span> becomes unable to continue providing transportation of the minor<\/span> at any time after taking custody<\/span> of the minor<\/span>, the primary law-enforcement agency for the jurisdiction<\/span> in which the alternative transportation provider<\/span> is located at the time he becomes unable to continue providing transportation shall take custody<\/span> of the minor<\/span> and shall transport the minor<\/span> to the facility of temporary detention. In such cases, (i) a copy of the temporary detention order<\/span> shall accompany the minor<\/span> being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B and (ii) if the alternative transportation provider<\/span> originally authorized to provide transportation is a person other than the minor<\/span>’s parent<\/span>, the alternative transportation provider<\/span> shall notify the minor<\/span>’s parent<\/span> (a) that the primary law-enforcement agency for the jurisdiction<\/span> in which he is located has taken custody<\/span> of the minor<\/span> and is transporting the minor<\/span> to the facility of temporary detention and (b) of the name of the law<\/span>-enforcement officer providing transportation of the minor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In cases in which an alternative facility of temporary detention is identified and the law<\/span>-enforcement agency or alternative transportation provider<\/span> identified to provide transportation in accordance with subsection B continues to have custody<\/span> of the minor<\/span>, the local law-enforcement agency or alternative transportation provider<\/span> shall transport the minor<\/span> to the alternative facility of temporary detention identified by the employee<\/span> or designee of the local community services board<\/span><\/span>. In cases in which an alternative facility of temporary detention is identified and custody<\/span> of the minor<\/span> has been transferred from the law<\/span>-enforcement agency or alternative transportation provider<\/span> that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee<\/span> or designee of the local community services board<\/span><\/span> shall request, and a magistrate<\/span> may enter an order<\/span> specifying, an alternative transportation provider<\/span> or, if no alternative transportation provider<\/span> is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction<\/span> in which the minor<\/span> resides or, if the nearest boundary of the jurisdiction<\/span> in which the minor<\/span> resides is more than 50 miles from the nearest boundary of the jurisdiction<\/span> in which the minor<\/span> is located, the law<\/span>-enforcement agency of the jurisdiction<\/span> in which the minor<\/span> is located, to provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The magistrate<\/span> may change the transportation provider<\/span> specified in a temporary detention order<\/span> at any time prior to the initiation of transportation of a minor<\/span> who is the subject of a temporary detention order<\/span> pursuant to this section. If the designated transportation provider<\/span> is changed by the magistrate<\/span> at any time after the temporary detention order<\/span> has been executed but prior to the initiation of transportation, the transportation provider<\/span> having custody<\/span> of the minor<\/span> shall transfer custody<\/span> of the minor<\/span> to the transportation provider<\/span> subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider<\/span>” includes both a law-enforcement agency and an alternative transportation provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order<\/span> pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages<\/span> for ordinary negligence<\/span> in acts or omissions that result from providing such alternative transportation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSPORTATION OF MINOR IN THE TEMPORARY DETENTION PROCESS (\u00a7 16.1-340.2)\n\nA. In specifying the primary law-enforcement agency and jurisdiction for\npurposes of this section, the magistrate shall specify in the temporary\ndetention order the law-enforcement agency of the jurisdiction in which the\nminor resides to execute the order and, in cases in which transportation is\nordered to be provided by the primary law-enforcement agency, provide\ntransportation. However, if the nearest boundary of the jurisdiction in which\nthe minor resides is more than 50 miles from the nearest boundary of the\njurisdiction in which the minor is located, the law-enforcement agency of the\njurisdiction in which the minor is located shall execute the order and provide\ntransportation.\n\nB. The magistrate issuing the temporary detention order shall specify the\nlaw-enforcement agency to execute the order and provide transportation. However,\nthe magistrate may authorize transportation by an alternative transportation\nprovider, including a parent, family member, or friend of the minor who is the\nsubject of the temporary detention order, a representative of the community\nservices board, or other transportation provider with personnel trained to\nprovide transportation in a safe manner upon determining, following\nconsideration of information provided by the petitioner; the community services\nboard or its designee; the local law-enforcement agency, if any; the\nminor’s treating physician, if any; or other persons who are available and\nhave knowledge of the minor, and, when the magistrate deems appropriate, the\nproposed alternative transportation provider, either in person or via two-way\nelectronic video and audio or telephone communication system, that the proposed\nalternative transportation provider is available to provide transportation,\nwilling to provide transportation, and able to provide transportation in a safe\nmanner. When transportation is ordered to be provided by an alternative\ntransportation provider, the magistrate shall order the specified primary\nlaw-enforcement agency to execute the order, to take the minor into custody, and\nto transfer custody of the minor to the alternative transportation provider\nidentified in the order.\n\t\t\tIn such cases any case in which a magistrate authorizes transportation of a\nminor subject to a temporary detention order by an alternative transportation\nprovider, a copy of the temporary detention order shall accompany the minor\nbeing transported pursuant to this section at all times and shall be delivered\nby the alternative transportation provider to the temporary detention facility.\nThe temporary detention facility shall return a copy of the temporary detention\norder to the court designated by the magistrate as soon as is practicable.\nDelivery of an order to a law-enforcement officer or alternative transportation\nprovider and return of an order to the court may be accomplished electronically\nor by facsimile.\n\t\t\tThe order may include transportation of the minor to such other medical\nfacility as may be necessary to obtain further medical evaluation or treatment\nprior to placement as required by a physician at the admitting temporary\ndetention facility. Nothing herein shall preclude a law-enforcement officer or\nalternative transportation provider from obtaining emergency medical treatment\nor further medical evaluation at any time for a minor in his custody as provided\nin this section. Such medical evaluation or treatment shall be conducted\nimmediately in accordance with state and federal law.\n\nC. If an alternative transportation provider providing transportation of a minor\nwho is the subject of a temporary detention order becomes unable to continue\nproviding transportation of the minor at any time after taking custody of the\nminor, the primary law-enforcement agency for the jurisdiction in which the\nalternative transportation provider is located at the time he becomes unable to\ncontinue providing transportation shall take custody of the minor and shall\ntransport the minor to the facility of temporary detention. In such cases, (i) a\ncopy of the temporary detention order shall accompany the minor being\ntransported and shall be delivered to and returned by the temporary detention\nfacility in accordance with the provisions of subsection B and (ii) if the\nalternative transportation provider originally authorized to provide\ntransportation is a person other than the minor’s parent, the alternative\ntransportation provider shall notify the minor’s parent (a) that the\nprimary law-enforcement agency for the jurisdiction in which he is located has\ntaken custody of the minor and is transporting the minor to the facility of\ntemporary detention and (b) of the name of the law-enforcement officer providing\ntransportation of the minor.\n\nD. In cases in which an alternative facility of temporary detention is\nidentified and the law-enforcement agency or alternative transportation provider\nidentified to provide transportation in accordance with subsection B continues\nto have custody of the minor, the local law-enforcement agency or alternative\ntransportation provider shall transport the minor to the alternative facility of\ntemporary detention identified by the employee or designee of the local\ncommunity services board. In cases in which an alternative facility of temporary\ndetention is identified and custody of the minor has been transferred from the\nlaw-enforcement agency or alternative transportation provider that provided\ntransportation in accordance with subsection B to the initial facility of\ntemporary detention, the employee or designee of the local community services\nboard shall request, and a magistrate may enter an order specifying, an\nalternative transportation provider or, if no alternative transportation\nprovider is available, willing, and able to provide transportation in a safe\nmanner, the local law-enforcement agency for the jurisdiction in which the minor\nresides or, if the nearest boundary of the jurisdiction in which the minor\nresides is more than 50 miles from the nearest boundary of the jurisdiction in\nwhich the minor is located, the law-enforcement agency of the jurisdiction in\nwhich the minor is located, to provide transportation.\n\nE. The magistrate may change the transportation provider specified in a\ntemporary detention order at any time prior to the initiation of transportation\nof a minor who is the subject of a temporary detention order pursuant to this\nsection. If the designated transportation provider is changed by the magistrate\nat any time after the temporary detention order has been executed but prior to\nthe initiation of transportation, the transportation provider having custody of\nthe minor shall transfer custody of the minor to the transportation provider\nsubsequently specified to provide transportation. For the purposes of this\nsubsection, “transportation provider” includes both a\nlaw-enforcement agency and an alternative transportation provider.\n\nF. A law-enforcement officer may lawfully go or be sent beyond the territorial\nlimits of the county, city, or town in which he serves to any point in the\nCommonwealth for the purpose of executing any temporary detention order pursuant\nto this section. Law-enforcement agencies may enter into agreements to\nfacilitate the execution of temporary detention orders and provide\ntransportation.\n\nG. No person who provides alternative transportation pursuant to this section\nshall be liable to the person being transported for any civil damages for\nordinary negligence in acts or omissions that result from providing such\nalternative transportation.\n\nHISTORY: 2010, cc. 778, 825; 2015, cc. 297, 308; 2018, c. 20; 2020, cc. 879,\n880.","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}}