{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-342.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-342.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-342.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-342.html"}],"law_id":86415,"edition_id":1,"section_id":86415,"structure_id":12702,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","history":"1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.","full_text":"A\n\nUpon the filing of a petition for involuntary commitment, the juvenile and domestic relations district court shall direct the community services board serving the area in which the minor is located to arrange for an evaluation by a qualified evaluator, if one has not already been performed pursuant to subsection B of &#xA7; 16.1-339. All such evaluations shall be conducted in private. In conducting a clinical evaluation of a minor in detention or shelter care, if the evaluator finds, irrespective of the fact that the minor has been detained, that the minor meets the criteria for involuntary commitment in &#xA7; 16.1-345, the evaluator shall recommend that the minor meets the criteria for involuntary commitment. The petitioner, all public agencies, and all providers or programs which have treated or who are treating the minor, shall cooperate with the evaluator and shall promptly deliver, upon request and without charge, all records of treatment or education of the minor. At least 24 hours before the scheduled hearing, the evaluator shall submit to the court a written report which includes the evaluator&#8217;s opinion regarding whether the minor meets the criteria for involuntary commitment specified in &#xA7; 16.1-345. A copy of the evaluator&#8217;s report shall be provided to the minor&#8217;s guardian ad litem and to the minor&#8217;s counsel. The evaluator, if not physically present at the hearing, shall be available for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in &#xA7; 16.1-345.1. When the qualified evaluator attends the hearing in person or by electronic communication, he shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.B\n\nAny evaluation conducted pursuant to this section shall be a comprehensive evaluation of the minor conducted in-person or, if that is not practicable, by a two-way electronic video and audio communication system as authorized in &#xA7; 16.1-345.1. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, because of mental illness, the minor 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; (ii) a substance abuse screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, because of mental illness, the minor 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; (iv) for a minor 14 years of age or older, an assessment of the minor&#8217;s capacity to consent to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) if prior to the examination the minor has been temporarily detained pursuant to this article, a review of the temporary detention facility&#8217;s records for the minor, including the treating physician&#8217;s evaluation, any collateral information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses&#8217; notes; (vi) a discussion of treatment preferences expressed by the minor or his parents or contained in a document provided by the minor or his parents in support of recovery; (vii) an assessment of alternatives to involuntary inpatient treatment; and (viii) recommendations for the placement, care, and treatment of the minor.","order_by":null,"text":{"0":{"id":309531,"text":"Upon the filing of a petition for involuntary commitment, the juvenile and domestic relations district court shall direct the community services board serving the area in which the minor is located to arrange for an evaluation by a qualified evaluator, if one has not already been performed pursuant to subsection B of &#xA7; 16.1-339. All such evaluations shall be conducted in private. In conducting a clinical evaluation of a minor in detention or shelter care, if the evaluator finds, irrespective of the fact that the minor has been detained, that the minor meets the criteria for involuntary commitment in &#xA7; 16.1-345, the evaluator shall recommend that the minor meets the criteria for involuntary commitment. The petitioner, all public agencies, and all providers or programs which have treated or who are treating the minor, shall cooperate with the evaluator and shall promptly deliver, upon request and without charge, all records of treatment or education of the minor. At least 24 hours before the scheduled hearing, the evaluator shall submit to the court a written report which includes the evaluator&#8217;s opinion regarding whether the minor meets the criteria for involuntary commitment specified in &#xA7; 16.1-345. A copy of the evaluator&#8217;s report shall be provided to the minor&#8217;s guardian ad litem and to the minor&#8217;s counsel. The evaluator, if not physically present at the hearing, shall be available for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in &#xA7; 16.1-345.1. When the qualified evaluator attends the hearing in person or by electronic communication, he shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309532,"text":"Any evaluation conducted pursuant to this section shall be a comprehensive evaluation of the minor conducted in-person or, if that is not practicable, by a two-way electronic video and audio communication system as authorized in &#xA7; 16.1-345.1. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, because of mental illness, the minor 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; (ii) a substance abuse screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, because of mental illness, the minor 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; (iv) for a minor 14 years of age or older, an assessment of the minor&#8217;s capacity to consent to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) if prior to the examination the minor has been temporarily detained pursuant to this article, a review of the temporary detention facility&#8217;s records for the minor, including the treating physician&#8217;s evaluation, any collateral information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses&#8217; notes; (vi) a discussion of treatment preferences expressed by the minor or his parents or contained in a document provided by the minor or his parents in support of recovery; (vii) an assessment of alternatives to involuntary inpatient treatment; and (viii) recommendations for the placement, care, and treatment of the minor.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-342\/","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 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0346\">346<\/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>.<\/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":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\/"},{"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":71978,"section_number":"16.1-345.5","catch_line":"Continuation of mandatory outpatient treatment order","order_by":null,"url":"\/16.1-345.5\/"}],"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":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"id":65738,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/16.1-345.1\/"}],"permalink":{"id":161315,"object_type":"law","relational_id":86415,"identifier":"16.1-342","token":"16.1\/11\/16\/16.1-342","url":"\/16.1-342\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-342\/","token":"16.1\/11\/16\/16.1-342","dublin_core":{"Title":"Involuntary commitment; clinical evaluation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-342","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Upon the filing of a <span class=\"dictionary\">petition<\/span> for involuntary commitment, the juvenile and domestic relations district court shall direct the <span class=\"dictionary\">community services board<\/span> serving the area in which the <span class=\"dictionary\">minor<\/span> is located to arrange for an evaluation by a <span class=\"dictionary\">qualified evaluator<\/span>, if one has not already been performed pursuant to subsection B 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>. All such evaluations shall be conducted in private. In conducting a clinical evaluation of a <span class=\"dictionary\">minor<\/span> in detention or <span class=\"dictionary\">shelter care<\/span>, if the evaluator finds, irrespective of the <span class=\"dictionary\">fact<\/span> that the <span class=\"dictionary\">minor<\/span> has been detained, that the <span class=\"dictionary\">minor<\/span> meets the criteria for involuntary commitment in &#xA7; <a class=\"law\" title=\"Involuntary commitment; criteria\" href=\"\/16.1-345\/\">16.1-345<\/a>, the evaluator shall recommend that the <span class=\"dictionary\">minor<\/span> meets the criteria for involuntary commitment. The petitioner, all public agencies, and all providers or programs which have treated or who are treating the <span class=\"dictionary\">minor<\/span>, shall cooperate with the evaluator and shall promptly deliver, upon request and without charge, all records of <span class=\"dictionary\">treatment<\/span> or education of the <span class=\"dictionary\">minor<\/span>. At least 24 hours before the scheduled <span class=\"dictionary\">hearing<\/span>, the evaluator shall submit to <span class=\"dictionary\">the court<\/span> a written report which includes the evaluator&#8217;s <span class=\"dictionary\">opinion<\/span> regarding whether 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>. A copy of the evaluator&#8217;s report shall be provided to the <span class=\"dictionary\">minor<\/span>&#8217;s <span class=\"dictionary\">guardian ad litem<\/span> and to the <span class=\"dictionary\">minor<\/span>&#8217;s <span class=\"dictionary\">counsel<\/span>. The evaluator, if not physically present at the <span class=\"dictionary\">hearing<\/span>, shall be available for questioning during the <span class=\"dictionary\">hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in &#xA7; <a class=\"law\" title=\"Use of electronic communication\" href=\"\/16.1-345.1\/\">16.1-345.1<\/a>. When the <span class=\"dictionary\">qualified evaluator<\/span> attends the <span class=\"dictionary\">hearing<\/span> in person or by electronic communication, he shall not be excluded from the <span class=\"dictionary\">hearing<\/span> pursuant to an <span class=\"dictionary\">order<\/span> of sequestration of witnesses. <a id=\"paragraph-309531\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-342\/#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> Any evaluation conducted pursuant to this section shall be a comprehensive evaluation of the <span class=\"dictionary\">minor<\/span> conducted in-person or, if that is not practicable, by a two-way electronic video and audio communication system as authorized in &#xA7; <a class=\"law\" title=\"Use of electronic communication\" href=\"\/16.1-345.1\/\">16.1-345.1<\/a>. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, because of <span class=\"dictionary\">mental illness<\/span>, the <span class=\"dictionary\">minor<\/span> 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; (ii) a substance abuse screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, because of <span class=\"dictionary\">mental illness<\/span>, the <span class=\"dictionary\">minor<\/span> 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; (iv) for a <span class=\"dictionary\">minor<\/span> 14 years of age or older, an assessment of the <span class=\"dictionary\">minor<\/span>&#8217;s capacity to <span class=\"dictionary\">consent<\/span> to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) if prior to the examination the <span class=\"dictionary\">minor<\/span> has been temporarily detained pursuant to this article, a review of the temporary detention facility&#8217;s records for the <span class=\"dictionary\">minor<\/span>, including the treating physician&#8217;s evaluation, any <span class=\"dictionary\">collateral<\/span> information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses&#8217; notes; (vi) a discussion of treatment preferences expressed by the <span class=\"dictionary\">minor<\/span> or his <span class=\"dictionary\">parents<\/span> or contained in a document provided by the <span class=\"dictionary\">minor<\/span> or his <span class=\"dictionary\">parents<\/span> in support of recovery; (vii) an assessment of alternatives to involuntary <span class=\"dictionary\">inpatient treatment<\/span>; and (viii) recommendations for the placement, care, and treatment of the <span class=\"dictionary\">minor<\/span>. <a id=\"paragraph-309532\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-342\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINVOLUNTARY COMMITMENT; CLINICAL EVALUATION (\u00a7 16.1-342)\n\nA. Upon the filing of a petition for involuntary commitment, the juvenile and\ndomestic relations district court shall direct the community services board\nserving the area in which the minor is located to arrange for an evaluation by a\nqualified evaluator, if one has not already been performed pursuant to\nsubsection B of &#xA7; 16.1-339. All such evaluations shall be conducted in\nprivate. In conducting a clinical evaluation of a minor in detention or shelter\ncare, if the evaluator finds, irrespective of the fact that the minor has been\ndetained, that the minor meets the criteria for involuntary commitment in &#xA7;\n16.1-345, the evaluator shall recommend that the minor meets the criteria for\ninvoluntary commitment. The petitioner, all public agencies, and all providers\nor programs which have treated or who are treating the minor, shall cooperate\nwith the evaluator and shall promptly deliver, upon request and without charge,\nall records of treatment or education of the minor. At least 24 hours before the\nscheduled hearing, the evaluator shall submit to the court a written report\nwhich includes the evaluator&#8217;s opinion regarding whether the minor meets\nthe criteria for involuntary commitment specified in &#xA7; 16.1-345. A copy of\nthe evaluator&#8217;s report shall be provided to the minor&#8217;s guardian ad\nlitem and to the minor&#8217;s counsel. The evaluator, if not physically present\nat the hearing, shall be available for questioning during the hearing through a\ntwo-way electronic video and audio or telephonic communication system as\nauthorized in &#xA7; 16.1-345.1. When the qualified evaluator attends the\nhearing in person or by electronic communication, he shall not be excluded from\nthe hearing pursuant to an order of sequestration of witnesses.\n\nB. Any evaluation conducted pursuant to this section shall be a comprehensive\nevaluation of the minor conducted in-person or, if that is not practicable, by a\ntwo-way electronic video and audio communication system as authorized in &#xA7;\n16.1-345.1. Translation or interpreter services shall be provided during the\nevaluation where necessary. The examination shall consist of (i) a clinical\nassessment that includes a mental status examination; determination of current\nuse of psychotropic and other medications; a medical and psychiatric history; a\nsubstance use, abuse, or dependency determination; and a determination of the\nlikelihood that, because of mental illness, the minor 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; (ii) a substance abuse screening, when indicated; (iii) a risk\nassessment that includes an evaluation of the likelihood that, because of mental\nillness, the minor presents a serious danger to himself or others to the extent\nthat severe or irremediable injury is likely to result, as evidenced by recent\nacts or threats; (iv) for a minor 14 years of age or older, an assessment of the\nminor&#8217;s capacity to consent to treatment, including his ability to\nmaintain and communicate choice, understand relevant information, and comprehend\nthe situation and its consequences; (v) if prior to the examination the minor\nhas been temporarily detained pursuant to this article, a review of the\ntemporary detention facility&#8217;s records for the minor, including the\ntreating physician&#8217;s evaluation, any collateral information, reports of\nany laboratory or toxicology tests conducted, and all admission forms and\nnurses&#8217; notes; (vi) a discussion of treatment preferences expressed by the\nminor or his parents or contained in a document provided by the minor or his\nparents in support of recovery; (vii) an assessment of alternatives to\ninvoluntary inpatient treatment; and (viii) recommendations for the placement,\ncare, and treatment of the minor.\n\nHISTORY: 1990, c. 975; 2005, c. 346; 2009, cc. 455, 555; 2010, cc. 778, 825.","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}}