{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-341.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-341.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-341.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-341.html"}],"law_id":80409,"edition_id":1,"section_id":80409,"structure_id":12702,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","history":"1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283; 2005, c. 346; 2006, c. 401; 2007, cc. 500, 897; 2008, cc. 140, 776, 783, 807, 808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2018, c. 568.","full_text":"A\n\nA petition for the involuntary commitment of a minor may be filed with the juvenile and domestic relations district court serving the jurisdiction in which the minor is located by a 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. The petition shall include the name and address of the petitioner and the minor and shall set forth in specific terms why the petitioner believes the minor meets the criteria for involuntary commitment specified in &#xA7; 16.1-345. To the extent available, the petition shall contain the information required by &#xA7; 16.1-339.1. The petition shall be taken under oath.\n\t\t\tIf a commitment hearing has been scheduled pursuant to subdivision 3 of subsection C of &#xA7; 16.1-339, the petition for judicial approval filed by the facility under subsection C of &#xA7; 16.1-339 shall serve as the petition for involuntary commitment as long as such petition complies in substance with the provisions of this subsection.B\n\nUpon the filing of a petition for involuntary commitment of a minor, the juvenile and domestic relations district court serving the jurisdiction in which the minor is located shall schedule a hearing which shall occur no sooner than 24 hours and no later than 96 hours from the time the petition was filed or from the issuance of the temporary detention order as provided in &#xA7; 16.1-340.1, whichever occurs later, or from the time of the hearing held pursuant to subsection C of &#xA7; 16.1-339 if the commitment hearing has been conducted pursuant to subdivision C 3 of &#xA7; 16.1-339. If the 96-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed. The attorney for the minor, the guardian ad litem for the minor, the attorney for the Commonwealth in the jurisdiction giving rise to the detention, and the juvenile and domestic relations district court having jurisdiction over any minor in detention or shelter care shall be given notice prior to the hearing.\n\t\t\tIf the petition is not dismissed or withdrawn, copies of the petition, together with a notice of the hearing, shall be served immediately upon the minor and the minor&#8217;s parents, if they are not petitioners, by the sheriffs of the jurisdictions in which the minor and his parents are located. The hearing on the petition may proceed if the court determines that copies of the petition and notice of the hearing have been served on at least one parent and a reasonable effort has been made to serve such copies on both parents. No later than 24 hours before the hearing, the court shall appoint a guardian ad litem for the minor and counsel to represent the minor, unless it has determined that the minor has retained counsel. Upon the request of the minor&#8217;s counsel, for good cause shown, and after notice to the petitioner and all other persons receiving notice of the hearing, the court may continue the hearing once for a period not to exceed 96 hours.\n\t\t\tAny recommendation made by a state mental health facility or state hospital regarding the minor&#8217;s involuntary commitment may be admissible during the course of the hearing.","order_by":null,"text":{"0":{"id":288018,"text":"A petition for the involuntary commitment of a minor may be filed with the juvenile and domestic relations district court serving the jurisdiction in which the minor is located by a 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. The petition shall include the name and address of the petitioner and the minor and shall set forth in specific terms why the petitioner believes the minor meets the criteria for involuntary commitment specified in &#xA7; 16.1-345. To the extent available, the petition shall contain the information required by &#xA7; 16.1-339.1. The petition shall be taken under oath.\n\t\t\tIf a commitment hearing has been scheduled pursuant to subdivision 3 of subsection C of &#xA7; 16.1-339, the petition for judicial approval filed by the facility under subsection C of &#xA7; 16.1-339 shall serve as the petition for involuntary commitment as long as such petition complies in substance with the provisions of this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288019,"text":"Upon the filing of a petition for involuntary commitment of a minor, the juvenile and domestic relations district court serving the jurisdiction in which the minor is located shall schedule a hearing which shall occur no sooner than 24 hours and no later than 96 hours from the time the petition was filed or from the issuance of the temporary detention order as provided in &#xA7; 16.1-340.1, whichever occurs later, or from the time of the hearing held pursuant to subsection C of &#xA7; 16.1-339 if the commitment hearing has been conducted pursuant to subdivision C 3 of &#xA7; 16.1-339. If the 96-hour period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed. The attorney for the minor, the guardian ad litem for the minor, the attorney for the Commonwealth in the jurisdiction giving rise to the detention, and the juvenile and domestic relations district court having jurisdiction over any minor in detention or shelter care shall be given notice prior to the hearing.\n\t\t\tIf the petition is not dismissed or withdrawn, copies of the petition, together with a notice of the hearing, shall be served immediately upon the minor and the minor&#8217;s parents, if they are not petitioners, by the sheriffs of the jurisdictions in which the minor and his parents are located. The hearing on the petition may proceed if the court determines that copies of the petition and notice of the hearing have been served on at least one parent and a reasonable effort has been made to serve such copies on both parents. No later than 24 hours before the hearing, the court shall appoint a guardian ad litem for the minor and counsel to represent the minor, unless it has determined that the minor has retained counsel. Upon the request of the minor&#8217;s counsel, for good cause shown, and after notice to the petitioner and all other persons receiving notice of the hearing, the court may continue the hearing once for a period not to exceed 96 hours.\n\t\t\tAny recommendation made by a state mental health facility or state hospital regarding the minor&#8217;s involuntary commitment may be admissible during the course of the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12702,"edition_id":1,"name":"Psychiatric Treatment of Minors Act","identifier":"16","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":161253,"object_type":"structure","relational_id":12702,"identifier":"16","token":"16.1\/11\/16","url":"\/16.1\/11\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74549,"structure_id":12702,"section_number":"16.1-335","catch_line":"Short title","url":"\/16.1-335\/","token":"16.1\/11\/16\/16.1-335","metadata":false},{"id":80739,"structure_id":12702,"section_number":"16.1-336","catch_line":"Definitions","url":"\/16.1-336\/","token":"16.1\/11\/16\/16.1-336","metadata":false},{"id":64915,"structure_id":12702,"section_number":"16.1-336.1","catch_line":"Admission forms","url":"\/16.1-336.1\/","token":"16.1\/11\/16\/16.1-336.1","metadata":false},{"id":81231,"structure_id":12702,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","url":"\/16.1-337\/","token":"16.1\/11\/16\/16.1-337","metadata":false},{"id":85004,"structure_id":12702,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check","url":"\/16.1-337.1\/","token":"16.1\/11\/16\/16.1-337.1","metadata":false},{"id":77269,"structure_id":12702,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","url":"\/16.1-338\/","token":"16.1\/11\/16\/16.1-338","metadata":false},{"id":53935,"structure_id":12702,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","url":"\/16.1-339\/","token":"16.1\/11\/16\/16.1-339","metadata":false},{"id":61197,"structure_id":12702,"section_number":"16.1-339.1","catch_line":"Minors in detention homes or shelter care facilities","url":"\/16.1-339.1\/","token":"16.1\/11\/16\/16.1-339.1","metadata":false},{"id":75459,"structure_id":12702,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","url":"\/16.1-340\/","token":"16.1\/11\/16\/16.1-340","metadata":false},{"id":68740,"structure_id":12702,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","url":"\/16.1-340.1\/","token":"16.1\/11\/16\/16.1-340.1","metadata":false},{"id":81671,"structure_id":12702,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","url":"\/16.1-340.1_1\/","token":"16.1\/11\/16\/16.1-340.1_1","metadata":false},{"id":85419,"structure_id":12702,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","url":"\/16.1-340.2\/","token":"16.1\/11\/16\/16.1-340.2","metadata":false},{"id":60394,"structure_id":12702,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","url":"\/16.1-340.3\/","token":"16.1\/11\/16\/16.1-340.3","metadata":false},{"id":80218,"structure_id":12702,"section_number":"16.1-340.4","catch_line":"Involuntary commitment; preadmission screening report","url":"\/16.1-340.4\/","token":"16.1\/11\/16\/16.1-340.4","metadata":false},{"id":80409,"structure_id":12702,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","url":"\/16.1-341\/","token":"16.1\/11\/16\/16.1-341","metadata":false},{"id":86415,"structure_id":12702,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","url":"\/16.1-342\/","token":"16.1\/11\/16\/16.1-342","metadata":false},{"id":81468,"structure_id":12702,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","url":"\/16.1-343\/","token":"16.1\/11\/16\/16.1-343","metadata":false},{"id":56572,"structure_id":12702,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","url":"\/16.1-344\/","token":"16.1\/11\/16\/16.1-344","metadata":false},{"id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","url":"\/16.1-345\/","token":"16.1\/11\/16\/16.1-345","metadata":false},{"id":65738,"structure_id":12702,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","url":"\/16.1-345.1\/","token":"16.1\/11\/16\/16.1-345.1","metadata":false},{"id":86950,"structure_id":12702,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","url":"\/16.1-345.2\/","token":"16.1\/11\/16\/16.1-345.2","metadata":false},{"id":64056,"structure_id":12702,"section_number":"16.1-345.3","catch_line":"Monitoring mandatory outpatient treatment; motion for review","url":"\/16.1-345.3\/","token":"16.1\/11\/16\/16.1-345.3","metadata":false},{"id":63926,"structure_id":12702,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","url":"\/16.1-345.4\/","token":"16.1\/11\/16\/16.1-345.4","metadata":false},{"id":71978,"structure_id":12702,"section_number":"16.1-345.5","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/16.1-345.5\/","token":"16.1\/11\/16\/16.1-345.5","metadata":false},{"id":59197,"structure_id":12702,"section_number":"16.1-345.6","catch_line":"Appeal of final order","url":"\/16.1-345.6\/","token":"16.1\/11\/16\/16.1-345.6","metadata":false},{"id":58903,"structure_id":12702,"section_number":"16.1-346","catch_line":"Treatment plans; periodic review of status","url":"\/16.1-346\/","token":"16.1\/11\/16\/16.1-346","metadata":false},{"id":63455,"structure_id":12702,"section_number":"16.1-346.1","catch_line":"Discharge plan","url":"\/16.1-346.1\/","token":"16.1\/11\/16\/16.1-346.1","metadata":false},{"id":57843,"structure_id":12702,"section_number":"16.1-347","catch_line":"Fees and expenses for qualified evaluators","url":"\/16.1-347\/","token":"16.1\/11\/16\/16.1-347","metadata":false},{"id":62629,"structure_id":12702,"section_number":"16.1-348","catch_line":"Availability of judge","url":"\/16.1-348\/","token":"16.1\/11\/16\/16.1-348","metadata":false}],"previous_section":{"id":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-341\/","history_text":"<p>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 11 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 539; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0837\">837<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0283\">283<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0346\">346<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0401\">401<\/a>; in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0500\">500<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0897\">897<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0140\">140<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0776\">776<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0783\">783<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0807\">807<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0808\">808<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0455\">455<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0555\">555<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0778\">778<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0825\">825<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0568\">568<\/a>.<\/p>","references":[{"id":81231,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","order_by":null,"url":"\/16.1-337\/"},{"id":53935,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","order_by":null,"url":"\/16.1-339\/"},{"id":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":60394,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","order_by":null,"url":"\/16.1-340.3\/"},{"id":63926,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","order_by":null,"url":"\/16.1-345.4\/"},{"id":86640,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","order_by":null,"url":"\/22.1-7\/"},{"id":74255,"section_number":"66-20","catch_line":"Observation and treatment of children with mental illness or developmental disabilities","order_by":null,"url":"\/66-20\/"}],"refers_to":[{"id":53935,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","order_by":null,"url":"\/16.1-339\/"},{"id":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":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"}],"permalink":{"id":161311,"object_type":"law","relational_id":80409,"identifier":"16.1-341","token":"16.1\/11\/16\/16.1-341","url":"\/16.1-341\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-341\/","token":"16.1\/11\/16\/16.1-341","dublin_core":{"Title":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-341","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">petition<\/span> for the involuntary commitment of a <span class=\"dictionary\">minor<\/span> may be filed with the juvenile and domestic relations district <span class=\"dictionary\">court<\/span> serving the <span class=\"dictionary\">jurisdiction<\/span> in which the <span class=\"dictionary\">minor<\/span> is located by a <span class=\"dictionary\">parent<\/span> or, if the <span class=\"dictionary\">parent<\/span> is not available or is unable or unwilling to file a <span class=\"dictionary\">petition<\/span>, by any responsible <span class=\"dictionary\">adult<\/span>, including the person having <span class=\"dictionary\">custody<\/span> over a <span class=\"dictionary\">minor<\/span> in detention or <span class=\"dictionary\">shelter care<\/span> pursuant to an <span class=\"dictionary\">order<\/span> of a juvenile and domestic relations district <span class=\"dictionary\">court<\/span>. The <span class=\"dictionary\">petition<\/span> shall include the name and address of the petitioner and the <span class=\"dictionary\">minor<\/span> and shall set forth in specific terms why the petitioner believes the <span class=\"dictionary\">minor<\/span> meets the criteria for involuntary commitment specified in &#xA7; <a class=\"law\" title=\"Involuntary commitment; criteria\" href=\"\/16.1-345\/\">16.1-345<\/a>. To the extent available, the <span class=\"dictionary\">petition<\/span> shall contain the information required by &#xA7; <a class=\"law\" title=\"Minors in detention homes or shelter care facilities\" href=\"\/16.1-339.1\/\">16.1-339.1<\/a>. The <span class=\"dictionary\">petition<\/span> shall be taken under <span class=\"dictionary\">oath<\/span>.\n\t\t\tIf a commitment <span class=\"dictionary\">hearing<\/span> has been scheduled pursuant to subdivision 3 of subsection C of &#xA7; <a class=\"law\" title=\"Parental admission of an objecting minor 14 years of age or older\" href=\"\/16.1-339\/\">16.1-339<\/a>, the <span class=\"dictionary\">petition<\/span> for judicial approval filed by the facility under subsection C of &#xA7; <a class=\"law\" title=\"Parental admission of an objecting minor 14 years of age or older\" href=\"\/16.1-339\/\">16.1-339<\/a> shall serve as the <span class=\"dictionary\">petition<\/span> for involuntary commitment as long as such <span class=\"dictionary\">petition<\/span> complies in substance with the provisions of this subsection. <a id=\"paragraph-288018\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-341\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon the filing of a <span class=\"dictionary\">petition<\/span> for involuntary commitment of a <span class=\"dictionary\">minor<\/span>, the juvenile and domestic relations district court serving the <span class=\"dictionary\">jurisdiction<\/span> in which the <span class=\"dictionary\">minor<\/span> is located shall schedule a <span class=\"dictionary\">hearing<\/span> which shall occur no sooner than 24 hours and no later than 96 hours from the time the <span class=\"dictionary\">petition<\/span> was filed or from the issuance of the temporary detention <span class=\"dictionary\">order<\/span> as provided in &#xA7; <a class=\"law\" title=\"Involuntary temporary detention; issuance and execution of order\" href=\"\/16.1-340.1\/\">16.1-340.1<\/a>, whichever occurs later, or from the time of the <span class=\"dictionary\">hearing<\/span> held pursuant to subsection C of &#xA7; <a class=\"law\" title=\"Parental admission of an objecting minor 14 years of age or older\" href=\"\/16.1-339\/\">16.1-339<\/a> if the commitment <span class=\"dictionary\">hearing<\/span> has been conducted pursuant to subdivision C 3 of &#xA7; <a class=\"law\" title=\"Parental admission of an objecting minor 14 years of age or older\" href=\"\/16.1-339\/\">16.1-339<\/a>. If the 96-hour period expires on a Saturday, Sunday, legal holiday or day on which <span class=\"dictionary\">the court<\/span> is lawfully closed, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, legal holiday or day on which <span class=\"dictionary\">the court<\/span> is lawfully closed. The attorney for the <span class=\"dictionary\">minor<\/span>, the <span class=\"dictionary\">guardian ad litem<\/span> for the <span class=\"dictionary\">minor<\/span>, the attorney for the Commonwealth in the <span class=\"dictionary\">jurisdiction<\/span> giving rise to the detention, and the juvenile and domestic relations district court having <span class=\"dictionary\">jurisdiction<\/span> over any <span class=\"dictionary\">minor<\/span> in detention or <span class=\"dictionary\">shelter care<\/span> shall be given notice prior to the <span class=\"dictionary\">hearing<\/span>.\n\t\t\tIf the <span class=\"dictionary\">petition<\/span> is not dismissed or withdrawn, copies of the <span class=\"dictionary\">petition<\/span>, together with a notice of the <span class=\"dictionary\">hearing<\/span>, shall be served immediately upon the <span class=\"dictionary\">minor<\/span> and the <span class=\"dictionary\">minor<\/span>&#8217;s <span class=\"dictionary\">parents<\/span>, if they are not petitioners, by the sheriffs of the <span class=\"dictionary\">jurisdictions<\/span> in which the <span class=\"dictionary\">minor<\/span> and his <span class=\"dictionary\">parents<\/span> are located. The <span class=\"dictionary\">hearing<\/span> on the <span class=\"dictionary\">petition<\/span> may proceed if <span class=\"dictionary\">the court<\/span> determines that copies of the <span class=\"dictionary\">petition<\/span> and notice of the <span class=\"dictionary\">hearing<\/span> have been served on at least one <span class=\"dictionary\">parent<\/span> and a reasonable effort has been made to serve such copies on both <span class=\"dictionary\">parents<\/span>. No later than 24 hours before the <span class=\"dictionary\">hearing<\/span>, <span class=\"dictionary\">the court<\/span> shall appoint a <span class=\"dictionary\">guardian ad litem<\/span> for the <span class=\"dictionary\">minor<\/span> and <span class=\"dictionary\">counsel<\/span> to represent the <span class=\"dictionary\">minor<\/span>, unless it has determined that the <span class=\"dictionary\">minor<\/span> has retained <span class=\"dictionary\">counsel<\/span>. Upon the request of the <span class=\"dictionary\">minor<\/span>&#8217;s <span class=\"dictionary\">counsel<\/span>, for good cause shown, and after notice to the petitioner and all other persons receiving notice of the <span class=\"dictionary\">hearing<\/span>, <span class=\"dictionary\">the court<\/span> may continue the <span class=\"dictionary\">hearing<\/span> once for a period not to exceed 96 hours.\n\t\t\tAny recommendation made by a state <span class=\"dictionary\">mental health facility<\/span> or state hospital regarding the <span class=\"dictionary\">minor<\/span>&#8217;s involuntary commitment may be <span class=\"dictionary\">admissible<\/span> during the course of the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-288019\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-341\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINVOLUNTARY COMMITMENT; PETITION; HEARING SCHEDULED; NOTICE AND APPOINTMENT OF\nCOUNSEL (\u00a7 16.1-341)\n\nA. A petition for the involuntary commitment of a minor may be filed with the\njuvenile and domestic relations district court serving the jurisdiction in which\nthe minor is located by a parent or, if the parent is not available or is unable\nor unwilling 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. The petition shall include the\nname and address of the petitioner and the minor and shall set forth in specific\nterms why the petitioner believes the minor meets the criteria for involuntary\ncommitment specified in &#xA7; 16.1-345. To the extent available, the petition\nshall contain the information required by &#xA7; 16.1-339.1. The petition shall\nbe taken under oath.\n\t\t\tIf a commitment hearing has been scheduled pursuant to subdivision 3 of\nsubsection C of &#xA7; 16.1-339, the petition for judicial approval filed by the\nfacility under subsection C of &#xA7; 16.1-339 shall serve as the petition for\ninvoluntary commitment as long as such petition complies in substance with the\nprovisions of this subsection.\n\nB. Upon the filing of a petition for involuntary commitment of a minor, the\njuvenile and domestic relations district court serving the jurisdiction in which\nthe minor is located shall schedule a hearing which shall occur no sooner than\n24 hours and no later than 96 hours from the time the petition was filed or from\nthe issuance of the temporary detention order as provided in &#xA7; 16.1-340.1,\nwhichever occurs later, or from the time of the hearing held pursuant to\nsubsection C of &#xA7; 16.1-339 if the commitment hearing has been conducted\npursuant to subdivision C 3 of &#xA7; 16.1-339. If the 96-hour period expires on\na Saturday, Sunday, legal holiday or day on which the court is lawfully closed,\nthe 96 hours shall be extended to the next day that is not a Saturday, Sunday,\nlegal holiday or day on which the court is lawfully closed. The attorney for the\nminor, the guardian ad litem for the minor, the attorney for the Commonwealth in\nthe jurisdiction giving rise to the detention, and the juvenile and domestic\nrelations district court having jurisdiction over any minor in detention or\nshelter care shall be given notice prior to the hearing.\n\t\t\tIf the petition is not dismissed or withdrawn, copies of the petition,\ntogether with a notice of the hearing, shall be served immediately upon the\nminor and the minor&#8217;s parents, if they are not petitioners, by the\nsheriffs of the jurisdictions in which the minor and his parents are located.\nThe hearing on the petition may proceed if the court determines that copies of\nthe petition and notice of the hearing have been served on at least one parent\nand a reasonable effort has been made to serve such copies on both parents. No\nlater than 24 hours before the hearing, the court shall appoint a guardian ad\nlitem for the minor and counsel to represent the minor, unless it has determined\nthat the minor has retained counsel. Upon the request of the minor&#8217;s\ncounsel, for good cause shown, and after notice to the petitioner and all other\npersons receiving notice of the hearing, the court may continue the hearing once\nfor a period not to exceed 96 hours.\n\t\t\tAny recommendation made by a state mental health facility or state hospital\nregarding the minor&#8217;s involuntary commitment may be admissible during the\ncourse of the hearing.\n\nHISTORY: 1990, c. 975; 1991, c. 159; 1992, c. 539; 2001, c. 837; 2004, c. 283;\n2005, c. 346; 2006, c. 401; 2007, cc. 500, 897; 2008, cc. 140, 776, 783, 807,\n808; 2009, cc. 455, 555; 2010, cc. 778, 825; 2018, c. 568.","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}}