{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-340.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-340.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-340.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-340.html"}],"law_id":75459,"edition_id":1,"section_id":75459,"structure_id":12702,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","history":"1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c. 837; 2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2011, c. 249; 2014, cc. 691, 761; 2015, cc. 297, 308; 2018, c. 570.","full_text":"A\n\nAny magistrate shall issue, upon the sworn petition of a minor’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, an emergency custody order when he has probable cause to believe 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. Any emergency custody order entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of § 16.1-337. This subsection shall not preclude any other disclosures as required or permitted by law. To the extent possible, the petition shall contain the information required by § 16.1-339.1.\n\t\t\tWhen considering whether there is probable cause to issue an emergency custody order, the magistrate may, in addition to the petition, consider (1) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (2) any past actions of the minor, (3) any past mental health treatment of the minor, (4) any relevant hearsay evidence, (5) any medical records available, (6) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (7) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue an emergency custody order.B\n\nAny minor for whom an emergency custody order is issued shall be taken into custody and transported to a convenient location to be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 16.1-340.1 and to assess the need for hospitalization or treatment. The evaluation shall be made by a person designated by the community services board serving the area in which the minor is located who is skilled in the diagnosis and treatment of mental illness and who has completed a certification program approved by the Department.C\n\nThe magistrate issuing an emergency custody order shall specify the primary law-enforcement agency and jurisdiction to execute the emergency custody 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 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. In such cases, a copy of the emergency custody 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 community services board or its designee responsible for conducting the evaluation. The community services board or its designee conducting the evaluation shall return a copy of the emergency custody 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\tTransportation under this section shall include transportation to a medical facility as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal law. Transportation under this section shall include transportation to a medical facility for a medical evaluation if a physician at the hospital in which the minor subject to the emergency custody order may be detained requires a medical evaluation prior to admission.D\n\nIn specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall order the primary law-enforcement agency from the jurisdiction served by the community services board that designated the person to perform the evaluation required in subsection B to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. If the community services board serves more than one jurisdiction, the magistrate shall designate the primary law-enforcement agency from the particular jurisdiction within the community services board’s service area where the minor who is the subject of the emergency custody order was taken into custody or, if the minor has not yet been taken into custody, the primary law-enforcement agency from the jurisdiction where the minor is presently located to execute the order and provide transportation.E\n\nThe law-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody of the minor to the facility or location to which the minor is transported for the evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security necessary to protect both the minor and others from harm, (ii) is actually capable of providing the level of security necessary to protect the minor and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however, that the facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.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 an emergency custody order pursuant to this section.G\n\nA law-enforcement officer who, based upon his observation or the reliable reports of others, has probable cause to believe that a minor meets the criteria for emergency custody as stated in this section may take that minor into custody and transport that minor to an appropriate location to assess the need for hospitalization or treatment without prior authorization. A law-enforcement officer who takes a person into custody pursuant to this subsection or subsection H 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 obtaining the assessment. Such evaluation shall be conducted immediately. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the minor into custody.H\n\nA law-enforcement officer who is transporting a minor who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such minor into custody and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law-enforcement officer determines (i) that the minor has revoked consent to be transported to a facility for the purpose of assessment or evaluation and (ii) based upon his observations, that probable cause exists to believe that the minor meets the criteria for emergency custody as stated in this section. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the minor into custody.I\n\nA representative of the primary law-enforcement agency specified to execute an emergency custody order or a representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody pursuant to subsection G or H shall notify the community services board responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the person has been taken into custody pursuant to subsection G or H.J\n\nNothing 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.K\n\nThe minor shall remain in custody until a temporary detention order is issued, until the minor is released, or until the emergency custody order expires. An emergency custody order shall be valid for a period not to exceed eight hours from the time of execution.L\n\nIf an emergency custody order is not executed within eight hours of its issuance, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate serving the jurisdiction of the issuing court.M\n\nIn addition to the eight-hour period of emergency custody set forth in subsection G, H, or K, if the minor is detained in a state facility pursuant to subsection D of § 16.1-340.1, the state facility and an employee or designee of the community services board may, for an additional four hours, continue to attempt to identify an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor.N\n\nPayments shall be made pursuant to § 37.2-804 to licensed health care providers for medical screening and assessment services provided to minors with mental illnesses while in emergency custody.O\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":270842,"text":"Any magistrate shall issue, upon the sworn petition of a minor’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, an emergency custody order when he has probable cause to believe 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. Any emergency custody order entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of § 16.1-337. This subsection shall not preclude any other disclosures as required or permitted by law. To the extent possible, the petition shall contain the information required by § 16.1-339.1.\n\t\t\tWhen considering whether there is probable cause to issue an emergency custody order, the magistrate may, in addition to the petition, consider (1) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (2) any past actions of the minor, (3) any past mental health treatment of the minor, (4) any relevant hearsay evidence, (5) any medical records available, (6) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (7) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue an emergency custody order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270843,"text":"Any minor for whom an emergency custody order is issued shall be taken into custody and transported to a convenient location to be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 16.1-340.1 and to assess the need for hospitalization or treatment. The evaluation shall be made by a person designated by the community services board serving the area in which the minor is located who is skilled in the diagnosis and treatment of mental illness and who has completed a certification program approved by the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270844,"text":"The magistrate issuing an emergency custody order shall specify the primary law-enforcement agency and jurisdiction to execute the emergency custody 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 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. In such cases, a copy of the emergency custody 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 community services board or its designee responsible for conducting the evaluation. The community services board or its designee conducting the evaluation shall return a copy of the emergency custody 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\tTransportation under this section shall include transportation to a medical facility as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal law. Transportation under this section shall include transportation to a medical facility for a medical evaluation if a physician at the hospital in which the minor subject to the emergency custody order may be detained requires a medical evaluation prior to admission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":270845,"text":"In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall order the primary law-enforcement agency from the jurisdiction served by the community services board that designated the person to perform the evaluation required in subsection B to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. If the community services board serves more than one jurisdiction, the magistrate shall designate the primary law-enforcement agency from the particular jurisdiction within the community services board’s service area where the minor who is the subject of the emergency custody order was taken into custody or, if the minor has not yet been taken into custody, the primary law-enforcement agency from the jurisdiction where the minor is presently located to execute the order and provide transportation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":270846,"text":"The law-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody of the minor to the facility or location to which the minor is transported for the evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security necessary to protect both the minor and others from harm, (ii) is actually capable of providing the level of security necessary to protect the minor and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however, that the facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":270847,"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 an emergency custody order pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":270848,"text":"A law-enforcement officer who, based upon his observation or the reliable reports of others, has probable cause to believe that a minor meets the criteria for emergency custody as stated in this section may take that minor into custody and transport that minor to an appropriate location to assess the need for hospitalization or treatment without prior authorization. A law-enforcement officer who takes a person into custody pursuant to this subsection or subsection H 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 obtaining the assessment. Such evaluation shall be conducted immediately. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the minor into custody.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":270849,"text":"A law-enforcement officer who is transporting a minor who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such minor into custody and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law-enforcement officer determines (i) that the minor has revoked consent to be transported to a facility for the purpose of assessment or evaluation and (ii) based upon his observations, that probable cause exists to believe that the minor meets the criteria for emergency custody as stated in this section. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the minor into custody.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":270850,"text":"A representative of the primary law-enforcement agency specified to execute an emergency custody order or a representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody pursuant to subsection G or H shall notify the community services board responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the person has been taken into custody pursuant to subsection G or H.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":270851,"text":"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.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":270852,"text":"The minor shall remain in custody until a temporary detention order is issued, until the minor is released, or until the emergency custody order expires. An emergency custody order shall be valid for a period not to exceed eight hours from the time of execution.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":270853,"text":"If an emergency custody order is not executed within eight hours of its issuance, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate serving the jurisdiction of the issuing court.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":270854,"text":"In addition to the eight-hour period of emergency custody set forth in subsection G, H, or K, if the minor is detained in a state facility pursuant to subsection D of § 16.1-340.1, the state facility and an employee or designee of the community services board may, for an additional four hours, continue to attempt to identify an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":270855,"text":"Payments shall be made pursuant to § 37.2-804 to licensed health care providers for medical screening and assessment services provided to minors with mental illnesses while in emergency custody.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"14":{"id":270856,"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":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N"}},"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; 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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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-340\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 975 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 159; in 1992, chapter 884; in 2000, chapters 65<\/a> and 246<\/a>; in 2001, chapter 837<\/a>; in 2004, chapter 283<\/a>; in 2005, chapter 346<\/a>; in 2006, chapter 401<\/a>; in 2008, chapters 783<\/a> and 808<\/a>; in 2009, chapters 455<\/a> and 555<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2011, chapter 249<\/a>; in 2014, chapters 691<\/a> and 761<\/a>; in 2015, chapters 297<\/a> and 308<\/a>; in 2018, chapter 570<\/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":56400,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","order_by":null,"url":"\/16.1-246\/"},{"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\/"},{"id":64056,"section_number":"16.1-345.3","catch_line":"Monitoring mandatory outpatient treatment; motion for review","order_by":null,"url":"\/16.1-345.3\/"},{"id":63926,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","order_by":null,"url":"\/16.1-345.4\/"}],"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":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":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"}],"permalink":{"id":161287,"object_type":"law","relational_id":75459,"identifier":"16.1-340","token":"16.1\/11\/16\/16.1-340","url":"\/16.1-340\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-340\/","token":"16.1\/11\/16\/16.1-340","dublin_core":{"Title":"Emergency custody; issuance and execution of order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-340","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any magistrate<\/span> shall issue<\/span>, upon the sworn petition<\/span> of a minor<\/span>’s treating physician or parent<\/span> or, if the parent<\/span> is not available or is unable or unwilling to file a petition<\/span>, by any responsible adult<\/span>, including the person having custody<\/span> over a minor<\/span> in detention or shelter care<\/span> pursuant to an order<\/span> of a juvenile and domestic relations district court<\/span>, or upon his own motion<\/span>, an emergency custody<\/span> order<\/span> when he has probable cause<\/span> to believe that (i) because of mental illness<\/span>, the 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 minor<\/span> is in need of compulsory treatment for a mental illness<\/span> and is reasonably likely to benefit from the proposed treatment. Any emergency custody<\/span> order<\/span> entered pursuant to this section shall provide for the disclosure of medical records pursuant to subsection B of § 16.1-337<\/a>. This subsection shall not preclude any other disclosures as required or permitted by law<\/span>. To the extent possible, the petition<\/span> shall contain the information required by § 16.1-339.1<\/a>.\n\t\t\tWhen considering whether there is probable cause<\/span> to issue<\/span> an emergency custody<\/span> order<\/span>, the magistrate<\/span> may, in addition to the petition<\/span>, consider (1) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (2) any past actions of the minor<\/span>, (3) any past mental health treatment<\/span> of the minor<\/span>, (4) any relevant hearsay<\/span> evidence<\/span>, (5) any medical records available, (6) any affidavits<\/span> submitted, if the witness<\/span> is unavailable and it so states in the affidavit<\/span>, and (7) any other information available that the magistrate<\/span> considers relevant to the determination of whether probable cause<\/span> exists to issue<\/span> an emergency custody<\/span> order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any minor<\/span> for whom an emergency custody<\/span> order<\/span> is issued shall be taken into custody<\/span> and transported to a convenient location to be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 16.1-340.1<\/a> and to assess the need for hospitalization or treatment. The evaluation shall be made by a person designated by the community services board<\/span> serving the area in which the minor<\/span> is located who is skilled in the diagnosis and treatment of mental illness<\/span> and who has completed a certification program approved by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The magistrate<\/span> issuing an emergency custody<\/span> order<\/span> shall specify the primary law<\/span>-enforcement agency and jurisdiction<\/span> to execute the emergency custody<\/span> order<\/span> and provide transportation. However, the magistrate<\/span> may authorize transportation by an alternative transportation provider, including a parent<\/span>, family member, or friend of the minor<\/span> who is the subject of the order<\/span>, a representative of the community services board<\/span>, 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<\/span> or its designee; the local law<\/span>-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, 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<\/span> shall order<\/span> the specified primary law<\/span>-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 identified in the order<\/span>. In such cases, a copy of the emergency custody<\/span> 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 to the community services board<\/span> or its designee responsible for conducting the evaluation. The community services board<\/span> or its designee conducting the evaluation shall return a copy of the emergency custody<\/span> order<\/span> to the court<\/span> designated by the magistrate<\/span> as soon as is practicable. Delivery of an order<\/span> to a law<\/span>-enforcement officer or alternative transportation provider and return of an order<\/span> to the court<\/span> may be accomplished electronically or by facsimile.\n\t\t\tTransportation under this section shall include transportation to a medical facility as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal law<\/span>. Transportation under this section shall include transportation to a medical facility for a medical evaluation if a physician at the hospital in which the minor<\/span> subject to the emergency custody<\/span> order<\/span> may be detained requires a medical evaluation prior to admission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In specifying the primary law<\/span>-enforcement agency and jurisdiction<\/span> for purposes of this section, the magistrate<\/span> shall order<\/span> the primary law<\/span>-enforcement agency from the jurisdiction<\/span> served by the community services board<\/span> that designated the person to perform the evaluation required in subsection B to execute the order<\/span> and, in cases in which transportation is ordered to be provided by the primary law<\/span>-enforcement agency, provide transportation. If the community services board<\/span> serves more than one jurisdiction<\/span>, the magistrate<\/span> shall designate the primary law<\/span>-enforcement agency from the particular jurisdiction<\/span> within the community services board<\/span>’s service area where the minor<\/span> who is the subject of the emergency custody<\/span> order<\/span> was taken into custody<\/span> or, if the minor<\/span> has not yet been taken into custody<\/span>, the primary law<\/span>-enforcement agency from the jurisdiction<\/span> where the minor<\/span> is presently located to execute the order<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The law<\/span>-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody<\/span> of the minor<\/span> to the facility or location to which the minor<\/span> is transported for the evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security necessary to protect both the minor<\/span> and others from harm, (ii) is actually capable of providing the level of security necessary to protect the minor<\/span> and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum<\/span> of understanding with the law<\/span>-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody<\/span>, provided, however, that the facility or location may not require the law<\/span>-enforcement agency to pay any fees or costs for the transfer of custody<\/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 an emergency custody<\/span> order<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A law-enforcement officer who, based upon his observation or the reliable reports of others, has probable cause<\/span> to believe that a minor<\/span> meets the criteria for emergency custody<\/span> as stated in this section may take that minor<\/span> into custody<\/span> and transport that minor<\/span> to an appropriate location to assess the need for hospitalization or treatment without prior authorization. A law-enforcement officer who takes a person into custody<\/span> pursuant to this subsection or subsection H 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 obtaining the assessment. Such evaluation shall be conducted immediately. The period of custody<\/span> shall not exceed eight hours from the time the law<\/span>-enforcement officer takes the minor<\/span> into custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A law-enforcement officer who is transporting a minor<\/span> who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such minor<\/span> into custody<\/span> and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law<\/span>-enforcement officer determines (i) that the minor<\/span> has revoked consent<\/span> to be transported to a facility for the purpose of assessment or evaluation and (ii) based upon his observations, that probable cause<\/span> exists to believe that the minor<\/span> meets the criteria for emergency custody<\/span> as stated in this section. The period of custody<\/span> shall not exceed eight hours from the time the law<\/span>-enforcement officer takes the minor<\/span> into custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A representative of the primary law-enforcement agency specified to execute an emergency custody<\/span> order<\/span> or a representative of the law<\/span>-enforcement agency employing a law-enforcement officer who takes a person into custody<\/span> pursuant to subsection G or H shall notify the community services board<\/span> responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody<\/span> order<\/span> or after the person has been taken into custody<\/span> pursuant to subsection G or H. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> 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<\/span> in his custody<\/span> as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The minor<\/span> shall remain in custody<\/span> until a temporary detention order<\/span> is issued, until the minor<\/span> is released, or until the emergency custody<\/span> order<\/span> expires. An emergency custody<\/span> order<\/span> shall be valid for a period not to exceed eight hours from the time of execution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> If an emergency custody<\/span> order<\/span> is not executed within eight hours of its issuance, the order<\/span> shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate<\/span> serving the jurisdiction<\/span> of the issuing court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> In addition to the eight-hour period of emergency custody<\/span> set forth in subsection G, H, or K, if the minor<\/span> is detained in a state facility pursuant to subsection D of § 16.1-340.1<\/a>, the state facility and an employee<\/span> or designee of the community services board<\/span> may, for an additional four hours, continue to attempt to identify an alternative facility that is able and willing to provide temporary detention and appropriate care to the minor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Payments shall be made pursuant to § 37.2-804<\/a> to licensed health care providers for medical screening and assessment services provided to minors<\/span> with mental illnesses while in emergency custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/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\nEMERGENCY CUSTODY; ISSUANCE AND EXECUTION OF ORDER (\u00a7 16.1-340)\n\nA. Any magistrate shall issue, upon the sworn petition of a minor’s\ntreating physician or parent or, if the parent is not available or is unable or\nunwilling to file a petition, by any responsible adult, including the person\nhaving custody over a minor in detention or shelter care pursuant to an order of\na juvenile and domestic relations district court, or upon his own motion, an\nemergency custody order when he has probable cause to believe that (i) because\nof mental illness, the minor (a) presents a serious danger to himself or others\nto the extent that severe or irremediable injury is likely to result, as\nevidenced by recent acts or threats, or (b) is experiencing a serious\ndeterioration of his ability to care for himself in a developmentally\nage-appropriate manner, as evidenced by delusionary thinking or by a significant\nimpairment of functioning in hydration, nutrition, self-protection, or\nself-control; and (ii) the minor is in need of compulsory treatment for a mental\nillness and is reasonably likely to benefit from the proposed treatment. Any\nemergency custody order entered pursuant to this section shall provide for the\ndisclosure of medical records pursuant to subsection B of § 16.1-337. This\nsubsection shall not preclude any other disclosures as required or permitted by\nlaw. To the extent possible, the petition shall contain the information required\nby § 16.1-339.1.\n\t\t\tWhen considering whether there is probable cause to issue an emergency\ncustody order, the magistrate may, in addition to the petition, consider (1) the\nrecommendations of any treating or examining physician or psychologist licensed\nin Virginia, if available, (2) any past actions of the minor, (3) any past\nmental health treatment of the minor, (4) any relevant hearsay evidence, (5) any\nmedical records available, (6) any affidavits submitted, if the witness is\nunavailable and it so states in the affidavit, and (7) any other information\navailable that the magistrate considers relevant to the determination of whether\nprobable cause exists to issue an emergency custody order.\n\nB. Any minor for whom an emergency custody order is issued shall be taken into\ncustody and transported to a convenient location to be evaluated to determine\nwhether he meets the criteria for temporary detention pursuant to §\n16.1-340.1 and to assess the need for hospitalization or treatment. The\nevaluation shall be made by a person designated by the community services board\nserving the area in which the minor is located who is skilled in the diagnosis\nand treatment of mental illness and who has completed a certification program\napproved by the Department.\n\nC. The magistrate issuing an emergency custody order shall specify the primary\nlaw-enforcement agency and jurisdiction to execute the emergency custody order\nand provide transportation. However, the magistrate may authorize transportation\nby an alternative transportation provider, including a parent, family member, or\nfriend of the minor who is the subject of the order, a representative of the\ncommunity services board, or other transportation provider with personnel\ntrained to provide 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. In such cases, a copy of the emergency custody order\nshall accompany the minor being transported pursuant to this section at all\ntimes and shall be delivered by the alternative transportation provider to the\ncommunity services board or its designee responsible for conducting the\nevaluation. The community services board or its designee conducting the\nevaluation shall return a copy of the emergency custody order to the court\ndesignated by the magistrate as soon as is practicable. Delivery of an order to\na law-enforcement officer or alternative transportation provider and return of\nan order to the court may be accomplished electronically or by facsimile.\n\t\t\tTransportation under this section shall include transportation to a medical\nfacility as may be necessary to obtain emergency medical evaluation or treatment\nthat shall be conducted immediately in accordance with state and federal law.\nTransportation under this section shall include transportation to a medical\nfacility for a medical evaluation if a physician at the hospital in which the\nminor subject to the emergency custody order may be detained requires a medical\nevaluation prior to admission.\n\nD. In specifying the primary law-enforcement agency and jurisdiction for\npurposes of this section, the magistrate shall order the primary law-enforcement\nagency from the jurisdiction served by the community services board that\ndesignated the person to perform the evaluation required in subsection B to\nexecute the order and, in cases in which transportation is ordered to be\nprovided by the primary law-enforcement agency, provide transportation. If the\ncommunity services board serves more than one jurisdiction, the magistrate shall\ndesignate the primary law-enforcement agency from the particular jurisdiction\nwithin the community services board’s service area where the minor who is\nthe subject of the emergency custody order was taken into custody or, if the\nminor has not yet been taken into custody, the primary law-enforcement agency\nfrom the jurisdiction where the minor is presently located to execute the order\nand provide transportation.\n\nE. The law-enforcement agency or alternative transportation provider providing\ntransportation pursuant to this section may transfer custody of the minor to the\nfacility or location to which the minor is transported for the evaluation\nrequired in subsection B, G, or H if the facility or location (i) is licensed to\nprovide the level of security necessary to protect both the minor and others\nfrom harm, (ii) is actually capable of providing the level of security necessary\nto protect the minor and others from harm, and (iii) in cases in which\ntransportation is provided by a law-enforcement agency, has entered into an\nagreement or memorandum of understanding with the law-enforcement agency setting\nforth the terms and conditions under which it will accept a transfer of custody,\nprovided, however, that the facility or location may not require the\nlaw-enforcement agency to pay any fees or costs for the transfer of custody.\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 an emergency custody order pursuant to\nthis section.\n\nG. A law-enforcement officer who, based upon his observation or the reliable\nreports of others, has probable cause to believe that a minor meets the criteria\nfor emergency custody as stated in this section may take that minor into custody\nand transport that minor to an appropriate location to assess the need for\nhospitalization or treatment without prior authorization. A law-enforcement\nofficer who takes a person into custody pursuant to this subsection or\nsubsection H may lawfully go or be sent beyond the territorial limits of the\ncounty, city, or town in which he serves to any point in the Commonwealth for\nthe purpose of obtaining the assessment. Such evaluation shall be conducted\nimmediately. The period of custody shall not exceed eight hours from the time\nthe law-enforcement officer takes the minor into custody.\n\nH. A law-enforcement officer who is transporting a minor who has voluntarily\nconsented to be transported to a facility for the purpose of assessment or\nevaluation and who is beyond the territorial limits of the county, city, or town\nin which he serves may take such minor into custody and transport him to an\nappropriate location to assess the need for hospitalization or treatment without\nprior authorization when the law-enforcement officer determines (i) that the\nminor has revoked consent to be transported to a facility for the purpose of\nassessment or evaluation and (ii) based upon his observations, that probable\ncause exists to believe that the minor meets the criteria for emergency custody\nas stated in this section. The period of custody shall not exceed eight hours\nfrom the time the law-enforcement officer takes the minor into custody.\n\nI. A representative of the primary law-enforcement agency specified to execute\nan emergency custody order or a representative of the law-enforcement agency\nemploying a law-enforcement officer who takes a person into custody pursuant to\nsubsection G or H shall notify the community services board responsible for\nconducting the evaluation required in subsection B, G, or H as soon as\npracticable after execution of the emergency custody order or after the person\nhas been taken into custody pursuant to subsection G or H.\n\nJ. Nothing herein shall preclude a law-enforcement officer or alternative\ntransportation provider from obtaining emergency medical treatment or further\nmedical evaluation at any time for a minor in his custody as provided in this\nsection.\n\nK. The minor shall remain in custody until a temporary detention order is\nissued, until the minor is released, or until the emergency custody order\nexpires. An emergency custody order shall be valid for a period not to exceed\neight hours from the time of execution.\n\nL. If an emergency custody order is not executed within eight hours of its\nissuance, the order shall be void and shall be returned unexecuted to the office\nof the clerk of the issuing court or, if such office is not open, to any\nmagistrate serving the jurisdiction of the issuing court.\n\nM. In addition to the eight-hour period of emergency custody set forth in\nsubsection G, H, or K, if the minor is detained in a state facility pursuant to\nsubsection D of § 16.1-340.1, the state facility and an employee or\ndesignee of the community services board may, for an additional four hours,\ncontinue to attempt to identify an alternative facility that is able and willing\nto provide temporary detention and appropriate care to the minor.\n\nN. Payments shall be made pursuant to § 37.2-804 to licensed health care\nproviders for medical screening and assessment services provided to minors with\nmental illnesses while in emergency custody.\n\nO. 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: 1990, c. 975; 1991, c. 159; 1992, c. 884; 2000, cc. 65, 246; 2001, c.\n837; 2004, c. 283; 2005, c. 346; 2006, c. 401; 2008, cc. 783, 808; 2009, cc.\n455, 555; 2010, cc. 778, 825; 2011, c. 249; 2014, cc. 691, 761; 2015, cc. 297,\n308; 2018, c. 570.","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}}