{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-345.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-345.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-345.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-345.2.html"}],"law_id":86950,"edition_id":1,"section_id":86950,"structure_id":12702,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","history":"2009, cc. 455, 555; 2010, cc. 778, 825.","full_text":"A\n\nAfter observing the minor and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the minor, (iii) any past mental health treatment of the minor, (iv) any evaluation of the minor, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, the court shall order that the minor be admitted involuntarily to mandatory outpatient treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence, that:1\n\nBecause of mental illness, the minor (i) 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 (ii) 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;2\n\nThe minor is in need of compulsory treatment for a mental illness and is reasonably likely to benefit from the proposed treatment;3\n\nLess restrictive alternatives to involuntary inpatient treatment that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate;4\n\nThe minor, if 14 years of age or older, and his parents (i) have sufficient capacity to understand the stipulations of the minor’s treatment, (ii) have expressed an interest in the minor’s living in the community and have agreed to abide by the minor’s treatment plan, and (iii) are deemed to have the capacity to comply with the treatment plan and understand and adhere to conditions and requirements of the treatment and services; and5\n\nThe ordered treatment can be delivered on an outpatient basis by the community services board or a designated provider.\n\t\t\t\tLess restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community and providers of the services have actually agreed to deliver the services.B\n\nMandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, or other appropriate course of treatment as may be necessary to meet the needs of the minor. The community services board serving the area in which the minor resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment. Upon expiration of an order for mandatory outpatient treatment, the minor shall be released from the requirements of the order unless the order is continued in accordance with § 16.1-345.5.C\n\nAny order for mandatory outpatient treatment shall include an initial mandatory outpatient treatment plan developed by the community services board serving the area in which the minor resides. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order shall require the community services board to monitor the implementation of the mandatory outpatient treatment plan and report any material noncompliance to the court.D\n\nNo later than five business days after an order for mandatory outpatient treatment has been entered pursuant to this section, the community services board that is responsible for monitoring compliance with the order shall file a comprehensive mandatory outpatient treatment plan. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the minor, (ii) identify the provider that has agreed to provide each service included in the plan, (iii) certify that the services are the most appropriate and least restrictive treatment available for the minor, (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department of Behavioral Health and Developmental Services’ licensing regulations, (v) be developed with the fullest involvement and participation of the minor and his parents and reflect their preferences to the greatest extent possible to support the minor’s recovery and self-determination, (vi) specify the particular conditions with which the minor shall be required to comply, and (vii) describe how the community services board shall monitor the minor’s compliance with the plan and report any material noncompliance with the plan. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor’s family shall be involved to the maximum extent consistent with the minor’s treatment needs. The community services board shall submit the comprehensive mandatory outpatient treatment plan to the court for approval. Upon approval by the court, the comprehensive mandatory outpatient treatment plan shall be filed with the court and incorporated into the order of mandatory outpatient treatment. Any subsequent substantive modifications to the plan shall be filed with the court for review and attached to any order for mandatory outpatient treatment.E\n\nIf the community services board responsible for developing the comprehensive mandatory outpatient treatment plan determines that the services necessary for the treatment of the minor’s mental illness are not available or cannot be provided to the minor in accordance with the order for mandatory outpatient treatment, it shall notify the court within five business days of the entry of the order for mandatory outpatient treatment. Within five business days of receiving such notice, the judge, after notice to the minor, the minor’s attorney, and the community services board responsible for developing the comprehensive mandatory outpatient treatment plan, shall hold a hearing pursuant to § 16.1-345.4.F\n\nUpon entry of any order for mandatory outpatient treatment, the clerk of the court shall provide a copy of the order to the minor who is the subject of the order, his parents, his attorney, his guardian ad litem, and the community services board required to monitor his compliance with the plan. The community services board shall acknowledge receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose.G\n\nAfter entry of any order for mandatory outpatient treatment if the court that entered the order is not the juvenile and domestic relations district court for the jurisdiction in which the minor resides, it shall transfer jurisdiction of the case to the court where the minor resides.","order_by":null,"text":{"0":{"id":311306,"text":"After observing the minor and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the minor, (iii) any past mental health treatment of the minor, (iv) any evaluation of the minor, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, the court shall order that the minor be admitted involuntarily to mandatory outpatient treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence, that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":311307,"text":"Because of mental illness, the minor (i) 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 (ii) 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;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":311308,"text":"The minor is in need of compulsory treatment for a mental illness and is reasonably likely to benefit from the proposed treatment;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":311309,"text":"Less restrictive alternatives to involuntary inpatient treatment that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":311310,"text":"The minor, if 14 years of age or older, and his parents (i) have sufficient capacity to understand the stipulations of the minor’s treatment, (ii) have expressed an interest in the minor’s living in the community and have agreed to abide by the minor’s treatment plan, and (iii) are deemed to have the capacity to comply with the treatment plan and understand and adhere to conditions and requirements of the treatment and services; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":311311,"text":"The ordered treatment can be delivered on an outpatient basis by the community services board or a designated provider.\n\t\t\t\tLess restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community and providers of the services have actually agreed to deliver the services.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":311312,"text":"Mandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, or other appropriate course of treatment as may be necessary to meet the needs of the minor. The community services board serving the area in which the minor resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment. Upon expiration of an order for mandatory outpatient treatment, the minor shall be released from the requirements of the order unless the order is continued in accordance with § 16.1-345.5.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":311313,"text":"Any order for mandatory outpatient treatment shall include an initial mandatory outpatient treatment plan developed by the community services board serving the area in which the minor resides. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order shall require the community services board to monitor the implementation of the mandatory outpatient treatment plan and report any material noncompliance to the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":311314,"text":"No later than five business days after an order for mandatory outpatient treatment has been entered pursuant to this section, the community services board that is responsible for monitoring compliance with the order shall file a comprehensive mandatory outpatient treatment plan. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the minor, (ii) identify the provider that has agreed to provide each service included in the plan, (iii) certify that the services are the most appropriate and least restrictive treatment available for the minor, (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department of Behavioral Health and Developmental Services’ licensing regulations, (v) be developed with the fullest involvement and participation of the minor and his parents and reflect their preferences to the greatest extent possible to support the minor’s recovery and self-determination, (vi) specify the particular conditions with which the minor shall be required to comply, and (vii) describe how the community services board shall monitor the minor’s compliance with the plan and report any material noncompliance with the plan. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor’s family shall be involved to the maximum extent consistent with the minor’s treatment needs. The community services board shall submit the comprehensive mandatory outpatient treatment plan to the court for approval. Upon approval by the court, the comprehensive mandatory outpatient treatment plan shall be filed with the court and incorporated into the order of mandatory outpatient treatment. Any subsequent substantive modifications to the plan shall be filed with the court for review and attached to any order for mandatory outpatient treatment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":311315,"text":"If the community services board responsible for developing the comprehensive mandatory outpatient treatment plan determines that the services necessary for the treatment of the minor’s mental illness are not available or cannot be provided to the minor in accordance with the order for mandatory outpatient treatment, it shall notify the court within five business days of the entry of the order for mandatory outpatient treatment. Within five business days of receiving such notice, the judge, after notice to the minor, the minor’s attorney, and the community services board responsible for developing the comprehensive mandatory outpatient treatment plan, shall hold a hearing pursuant to § 16.1-345.4.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":311316,"text":"Upon entry of any order for mandatory outpatient treatment, the clerk of the court shall provide a copy of the order to the minor who is the subject of the order, his parents, his attorney, his guardian ad litem, and the community services board required to monitor his compliance with the plan. The community services board shall acknowledge receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":311317,"text":"After entry of any order for mandatory outpatient treatment if the court that entered the order is not the juvenile and domestic relations district court for the jurisdiction in which the minor resides, it shall transfer jurisdiction of the case to the court where the minor resides.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12702,"edition_id":1,"name":"Psychiatric Treatment of Minors Act","identifier":"16","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":161253,"object_type":"structure","relational_id":12702,"identifier":"16","token":"16.1\/11\/16","url":"\/16.1\/11\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74549,"structure_id":12702,"section_number":"16.1-335","catch_line":"Short title","url":"\/16.1-335\/","token":"16.1\/11\/16\/16.1-335","metadata":false},{"id":80739,"structure_id":12702,"section_number":"16.1-336","catch_line":"Definitions","url":"\/16.1-336\/","token":"16.1\/11\/16\/16.1-336","metadata":false},{"id":64915,"structure_id":12702,"section_number":"16.1-336.1","catch_line":"Admission forms","url":"\/16.1-336.1\/","token":"16.1\/11\/16\/16.1-336.1","metadata":false},{"id":81231,"structure_id":12702,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","url":"\/16.1-337\/","token":"16.1\/11\/16\/16.1-337","metadata":false},{"id":85004,"structure_id":12702,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check","url":"\/16.1-337.1\/","token":"16.1\/11\/16\/16.1-337.1","metadata":false},{"id":77269,"structure_id":12702,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","url":"\/16.1-338\/","token":"16.1\/11\/16\/16.1-338","metadata":false},{"id":53935,"structure_id":12702,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","url":"\/16.1-339\/","token":"16.1\/11\/16\/16.1-339","metadata":false},{"id":61197,"structure_id":12702,"section_number":"16.1-339.1","catch_line":"Minors in detention homes or shelter care facilities","url":"\/16.1-339.1\/","token":"16.1\/11\/16\/16.1-339.1","metadata":false},{"id":75459,"structure_id":12702,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","url":"\/16.1-340\/","token":"16.1\/11\/16\/16.1-340","metadata":false},{"id":68740,"structure_id":12702,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","url":"\/16.1-340.1\/","token":"16.1\/11\/16\/16.1-340.1","metadata":false},{"id":81671,"structure_id":12702,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","url":"\/16.1-340.1_1\/","token":"16.1\/11\/16\/16.1-340.1_1","metadata":false},{"id":85419,"structure_id":12702,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","url":"\/16.1-340.2\/","token":"16.1\/11\/16\/16.1-340.2","metadata":false},{"id":60394,"structure_id":12702,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","url":"\/16.1-340.3\/","token":"16.1\/11\/16\/16.1-340.3","metadata":false},{"id":80218,"structure_id":12702,"section_number":"16.1-340.4","catch_line":"Involuntary commitment; preadmission screening report","url":"\/16.1-340.4\/","token":"16.1\/11\/16\/16.1-340.4","metadata":false},{"id":80409,"structure_id":12702,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","url":"\/16.1-341\/","token":"16.1\/11\/16\/16.1-341","metadata":false},{"id":86415,"structure_id":12702,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","url":"\/16.1-342\/","token":"16.1\/11\/16\/16.1-342","metadata":false},{"id":81468,"structure_id":12702,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","url":"\/16.1-343\/","token":"16.1\/11\/16\/16.1-343","metadata":false},{"id":56572,"structure_id":12702,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","url":"\/16.1-344\/","token":"16.1\/11\/16\/16.1-344","metadata":false},{"id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-345.2\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 455<\/a> and 555<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapters 778<\/a> and 825<\/a>.<\/p>","references":[{"id":56572,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","order_by":null,"url":"\/16.1-344\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"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\/"},{"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":false,"permalink":{"id":161335,"object_type":"law","relational_id":86950,"identifier":"16.1-345.2","token":"16.1\/11\/16\/16.1-345.2","url":"\/16.1-345.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-345.2\/","token":"16.1\/11\/16\/16.1-345.2","dublin_core":{"Title":"Mandatory outpatient treatment; criteria; orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-345.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> After observing the minor<\/span> and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the minor<\/span>, (iii) any past mental health treatment<\/span> of the minor<\/span>, (iv) any evaluation of the minor<\/span>, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other relevant evidence<\/span> that may have been admitted, the court<\/span> shall order<\/span> that the minor<\/span> be admitted involuntarily to mandatory outpatient treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence<\/span>, that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Because of mental illness<\/span>, the minor<\/span> (i) 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 (ii) 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The minor<\/span> is in need of compulsory treatment for a mental illness<\/span> and is reasonably likely to benefit from the proposed treatment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Less restrictive alternatives to involuntary inpatient treatment<\/span> that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The minor<\/span>, if 14 years of age or older, and his parents<\/span> (i) have sufficient capacity to understand the stipulations<\/span> of the minor<\/span>’s treatment, (ii) have expressed an interest in the minor<\/span>’s living in the community and have agreed to abide by the minor<\/span>’s treatment plan, and (iii) are deemed to have the capacity to comply with the treatment plan and understand and adhere to conditions and requirements of the treatment and services; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The ordered treatment can be delivered on an outpatient basis by the community services board<\/span> or a designated provider.\n\t\t\t\tLess restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community and providers of the services have actually agreed to deliver the services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Mandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, or other appropriate course of treatment as may be necessary to meet the needs of the minor<\/span>. The community services board<\/span> serving the area in which the minor<\/span> resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment. Upon expiration of an order<\/span> for mandatory outpatient treatment, the minor<\/span> shall be released from the requirements of the order<\/span> unless the order<\/span> is continued in accordance with § 16.1-345.5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any order<\/span> for mandatory outpatient treatment shall include an initial mandatory outpatient treatment plan developed by the community services board<\/span> serving the area in which the minor<\/span> resides. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order<\/span> shall require the community services board<\/span> to monitor the implementation of the mandatory outpatient treatment plan and report any material<\/span> noncompliance to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No later than five business days after an order<\/span> for mandatory outpatient treatment has been entered pursuant to this section, the community services board<\/span> that is responsible for monitoring compliance with the order<\/span> shall file a comprehensive mandatory outpatient treatment plan. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the minor<\/span>, (ii) identify the provider that has agreed to provide each service included in the plan, (iii) certify that the services are the most appropriate and least restrictive treatment available for the minor<\/span>, (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department<\/span> of Behavioral Health and Developmental Services’ licensing regulations, (v) be developed with the fullest involvement and participation of the minor<\/span> and his parents<\/span> and reflect their preferences to the greatest extent possible to support the minor<\/span>’s recovery and self-determination, (vi) specify the particular conditions with which the minor<\/span> shall be required to comply, and (vii) describe how the community services board<\/span> shall monitor the minor<\/span>’s compliance with the plan and report any material<\/span> noncompliance with the plan. The minor<\/span> shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor<\/span>’s family shall be involved to the maximum extent consistent with the minor<\/span>’s treatment needs. The community services board<\/span> shall submit the comprehensive mandatory outpatient treatment plan to the court<\/span> for approval. Upon approval by the court<\/span>, the comprehensive mandatory outpatient treatment plan shall be filed with the court<\/span> and incorporated into the order<\/span> of mandatory outpatient treatment. Any subsequent substantive modifications to the plan shall be filed with the court<\/span> for review and attached to any order<\/span> for mandatory outpatient treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the community services board<\/span> responsible for developing the comprehensive mandatory outpatient treatment plan determines that the services necessary for the treatment of the minor<\/span>’s mental illness<\/span> are not available or cannot be provided to the minor<\/span> in accordance with the order<\/span> for mandatory outpatient treatment, it shall notify the court<\/span> within five business days of the entry of the order<\/span> for mandatory outpatient treatment. Within five business days of receiving such notice, the judge<\/span>, after notice to the minor<\/span>, the minor<\/span>’s attorney, and the community services board<\/span> responsible for developing the comprehensive mandatory outpatient treatment plan, shall hold a hearing<\/span> pursuant to § 16.1-345.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon entry of any order<\/span> for mandatory outpatient treatment, the clerk of the court<\/span> shall provide a copy of the order<\/span> to the minor<\/span> who is the subject of the order<\/span>, his parents<\/span>, his attorney, his guardian ad litem<\/span>, and the community services board<\/span> required to monitor his compliance with the plan. The community services board<\/span> shall acknowledge receipt of the order<\/span> to the clerk of the court<\/span> on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court<\/span> for this purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> After entry of any order<\/span> for mandatory outpatient treatment if the court<\/span> that entered the order<\/span> is not the juvenile and domestic relations district court for the jurisdiction<\/span> in which the minor<\/span> resides, it shall transfer jurisdiction<\/span> of the case to the court<\/span> where the minor<\/span> resides. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANDATORY OUTPATIENT TREATMENT; CRITERIA; ORDERS (\u00a7 16.1-345.2)\n\nA. After observing the minor and considering (i) the recommendations of any\ntreating or examining physician or psychologist licensed in Virginia, if\navailable, (ii) any past actions of the minor, (iii) any past mental health\ntreatment of the minor, (iv) any evaluation of the minor, (v) any medical\nrecords available, (vi) the preadmission screening report, and (vii) any other\nrelevant evidence that may have been admitted, the court shall order that the\nminor be admitted involuntarily to mandatory outpatient treatment for a period\nnot to exceed 90 days if it finds, by clear and convincing evidence, that:\n\n 1. Because of mental illness, the minor (i) presents a serious danger to\n himself or others to the extent that severe or irremediable injury is likely\n to result, as evidenced by recent acts or threats or (ii) is experiencing a\n serious deterioration of his ability to care for himself in a developmentally\n age-appropriate manner, as evidenced by delusionary thinking or by a\n significant impairment of functioning in hydration, nutrition,\n self-protection, or self-control;\n\n 2. The minor is in need of compulsory treatment for a mental illness and is\n reasonably likely to benefit from the proposed treatment;\n\n 3. Less restrictive alternatives to involuntary inpatient treatment that would\n offer an opportunity for improvement of his condition have been investigated\n and are determined to be appropriate;\n\n 4. The minor, if 14 years of age or older, and his parents (i) have sufficient\n capacity to understand the stipulations of the minor’s treatment, (ii)\n have expressed an interest in the minor’s living in the community and\n have agreed to abide by the minor’s treatment plan, and (iii) are deemed\n to have the capacity to comply with the treatment plan and understand and\n adhere to conditions and requirements of the treatment and services; and\n\n 5. The ordered treatment can be delivered on an outpatient basis by the\n community services board or a designated provider.\n \t\t\t\tLess restrictive alternatives shall not be determined to be appropriate\n unless the services are actually available in the community and providers of\n the services have actually agreed to deliver the services.\n\nB. Mandatory outpatient treatment may include day treatment in a hospital, night\ntreatment in a hospital, or other appropriate course of treatment as may be\nnecessary to meet the needs of the minor. The community services board serving\nthe area in which the minor resides shall recommend a specific course of\ntreatment and programs for the provision of mandatory outpatient treatment. Upon\nexpiration of an order for mandatory outpatient treatment, the minor shall be\nreleased from the requirements of the order unless the order is continued in\naccordance with § 16.1-345.5.\n\nC. Any order for mandatory outpatient treatment shall include an initial\nmandatory outpatient treatment plan developed by the community services board\nserving the area in which the minor resides. The plan shall, at a minimum, (i)\nidentify the specific services to be provided, (ii) identify the provider who\nhas agreed to provide each service, (iii) describe the arrangements made for the\ninitial in-person appointment or contact with each service provider, and (iv)\ninclude any other relevant information that may be available regarding the\nmandatory outpatient treatment ordered. The order shall require the community\nservices board to monitor the implementation of the mandatory outpatient\ntreatment plan and report any material noncompliance to the court.\n\nD. No later than five business days after an order for mandatory outpatient\ntreatment has been entered pursuant to this section, the community services\nboard that is responsible for monitoring compliance with the order shall file a\ncomprehensive mandatory outpatient treatment plan. The comprehensive mandatory\noutpatient treatment plan shall (i) identify the specific type, amount,\nduration, and frequency of each service to be provided to the minor, (ii)\nidentify the provider that has agreed to provide each service included in the\nplan, (iii) certify that the services are the most appropriate and least\nrestrictive treatment available for the minor, (iv) certify that each provider\nhas complied and continues to comply with applicable provisions of the\nDepartment of Behavioral Health and Developmental Services’ licensing\nregulations, (v) be developed with the fullest involvement and participation of\nthe minor and his parents and reflect their preferences to the greatest extent\npossible to support the minor’s recovery and self-determination, (vi)\nspecify the particular conditions with which the minor shall be required to\ncomply, and (vii) describe how the community services board shall monitor the\nminor’s compliance with the plan and report any material noncompliance\nwith the plan. The minor shall be involved in the preparation of the plan to the\nmaximum feasible extent consistent with his ability to understand and\nparticipate, and the minor’s family shall be involved to the maximum\nextent consistent with the minor’s treatment needs. The community services\nboard shall submit the comprehensive mandatory outpatient treatment plan to the\ncourt for approval. Upon approval by the court, the comprehensive mandatory\noutpatient treatment plan shall be filed with the court and incorporated into\nthe order of mandatory outpatient treatment. Any subsequent substantive\nmodifications to the plan shall be filed with the court for review and attached\nto any order for mandatory outpatient treatment.\n\nE. If the community services board responsible for developing the comprehensive\nmandatory outpatient treatment plan determines that the services necessary for\nthe treatment of the minor’s mental illness are not available or cannot be\nprovided to the minor in accordance with the order for mandatory outpatient\ntreatment, it shall notify the court within five business days of the entry of\nthe order for mandatory outpatient treatment. Within five business days of\nreceiving such notice, the judge, after notice to the minor, the minor’s\nattorney, and the community services board responsible for developing the\ncomprehensive mandatory outpatient treatment plan, shall hold a hearing pursuant\nto § 16.1-345.4.\n\nF. Upon entry of any order for mandatory outpatient treatment, the clerk of the\ncourt shall provide a copy of the order to the minor who is the subject of the\norder, his parents, his attorney, his guardian ad litem, and the community\nservices board required to monitor his compliance with the plan. The community\nservices board shall acknowledge receipt of the order to the clerk of the court\non a form established by the Office of the Executive Secretary of the Supreme\nCourt and provided by the court for this purpose.\n\nG. After entry of any order for mandatory outpatient treatment if the court that\nentered the order is not the juvenile and domestic relations district court for\nthe jurisdiction in which the minor resides, it shall transfer jurisdiction of\nthe case to the court where the minor resides.\n\nHISTORY: 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}}