{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-345.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-345.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-345.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-345.4.html"}],"law_id":63926,"edition_id":1,"section_id":63926,"structure_id":12702,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","history":"2009, cc. 455, 555; 2010, cc. 778, 825; 2014, cc. 691, 761.","full_text":"A\n\nThe juvenile and domestic relations district court judge shall hold a hearing within 15 days after receiving the motion for review of the mandatory outpatient treatment plan; however, if the fifteenth day is a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the hearing shall be held on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If the minor is being detained under a temporary detention order, the hearing shall be scheduled within the same time frame provided for a commitment hearing under § 16.1-341. The clerk shall provide notice of the hearing to the minor, his parents, the community services board, all treatment providers listed in the comprehensive mandatory outpatient treatment order, and the original petitioner for the minor’s involuntary treatment. If the minor is not represented by counsel, the judge shall appoint an attorney to represent the minor in this hearing and any subsequent hearings under § 16.1-345.5, giving consideration to appointing the attorney who represented the minor at the proceeding that resulted in the issuance of the mandatory outpatient treatment order. The judge shall also appoint a guardian ad litem for the minor. The community services board shall offer to arrange the minor’s transportation to the hearing if the minor is not detained and has no other source of transportation.B\n\nIf requested by the minor’s parents, the community services board, a treatment provider listed in the comprehensive mandatory outpatient treatment plan, or the original petitioner for the minor’s involuntary treatment, the juvenile and domestic relations district court judge may order an evaluation and appoint a qualified evaluator in accordance with § 16.1-342 who shall personally examine the minor and certify to the court whether or not he has probable cause to believe that the minor meets the criteria for involuntary inpatient treatment or mandatory outpatient treatment as specified in § 16.1-345 and subsection A of § 16.1-345.2. The evaluator’s report may be admitted into evidence without the appearance of the evaluator at the hearing if not objected to by the minor or his attorney. If the minor is not detained in an inpatient facility, the community services board shall arrange for the minor to be examined at a convenient location and time. The community services board shall offer to arrange for the minor’s transportation to the examination, if the minor has no other source of transportation. If the minor refuses or fails to appear, the community services board shall notify the court, and the court shall issue a mandatory examination order and a civil show cause summons. The return date for the civil show cause summons shall be set on a date prior to the review hearing scheduled pursuant to subsection A, and the examination of the minor shall be conducted immediately after the hearing thereon, but in no event shall the period for the examination exceed eight hours.C\n\nIf the minor fails to appear for the hearing, the juvenile and domestic relations district court judge shall, after consideration of any evidence from the minor, from his parents, from the community services board, or from any treatment provider identified in the mandatory outpatient treatment plan regarding why the minor failed to appear at the hearing, either (i) reschedule the hearing pursuant to subsection A, (ii) issue an emergency custody order pursuant to § 16.1-340, or (iii) issue a temporary detention order pursuant to § 16.1-340.1.D\n\nAfter hearing the evidence regarding the minor’s material noncompliance with the mandatory outpatient treatment order and the minor’s current condition, and any other relevant information referenced in \u00a7 16.1-345 and subsection A of \u00a7 16.1-345.2, the juvenile and domestic relations district court judge may make one of the following dispositions:1\n\nUpon finding by clear and convincing evidence that the minor meets the criteria for involuntary admission and treatment specified in § 16.1-345, the judge shall order the minor’s involuntary admission to a facility designated by the community services board for a period of treatment not to exceed 30 days;2\n\nUpon finding that the minor continues to meet the criteria for mandatory outpatient treatment specified in subsection A of § 16.1-345.2, and that a continued period of mandatory outpatient treatment appears warranted, the judge may renew the order for mandatory outpatient treatment, making any necessary modifications that are acceptable to the community services board or treatment provider responsible for the minor’s treatment. In determining the appropriateness of outpatient treatment, the court may consider the minor’s material noncompliance with the previous mandatory treatment order; or3\n\nUpon finding that neither of the above dispositions is appropriate, the judge may rescind the order for mandatory outpatient treatment.\n\t\t\t\tUpon entry of an order for involuntary inpatient admission, transportation shall be provided in accordance with § 16.1-345.E\n\nFor the purposes of this section, “juvenile and domestic relations district court judge” shall not include a special justice as authorized by § 37.2-803.","order_by":null,"text":{"0":{"id":232812,"text":"The juvenile and domestic relations district court judge shall hold a hearing within 15 days after receiving the motion for review of the mandatory outpatient treatment plan; however, if the fifteenth day is a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the hearing shall be held on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If the minor is being detained under a temporary detention order, the hearing shall be scheduled within the same time frame provided for a commitment hearing under § 16.1-341. The clerk shall provide notice of the hearing to the minor, his parents, the community services board, all treatment providers listed in the comprehensive mandatory outpatient treatment order, and the original petitioner for the minor’s involuntary treatment. If the minor is not represented by counsel, the judge shall appoint an attorney to represent the minor in this hearing and any subsequent hearings under § 16.1-345.5, giving consideration to appointing the attorney who represented the minor at the proceeding that resulted in the issuance of the mandatory outpatient treatment order. The judge shall also appoint a guardian ad litem for the minor. The community services board shall offer to arrange the minor’s transportation to the hearing if the minor is not detained and has no other source of transportation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232813,"text":"If requested by the minor’s parents, the community services board, a treatment provider listed in the comprehensive mandatory outpatient treatment plan, or the original petitioner for the minor’s involuntary treatment, the juvenile and domestic relations district court judge may order an evaluation and appoint a qualified evaluator in accordance with § 16.1-342 who shall personally examine the minor and certify to the court whether or not he has probable cause to believe that the minor meets the criteria for involuntary inpatient treatment or mandatory outpatient treatment as specified in § 16.1-345 and subsection A of § 16.1-345.2. The evaluator’s report may be admitted into evidence without the appearance of the evaluator at the hearing if not objected to by the minor or his attorney. If the minor is not detained in an inpatient facility, the community services board shall arrange for the minor to be examined at a convenient location and time. The community services board shall offer to arrange for the minor’s transportation to the examination, if the minor has no other source of transportation. If the minor refuses or fails to appear, the community services board shall notify the court, and the court shall issue a mandatory examination order and a civil show cause summons. The return date for the civil show cause summons shall be set on a date prior to the review hearing scheduled pursuant to subsection A, and the examination of the minor shall be conducted immediately after the hearing thereon, but in no event shall the period for the examination exceed eight hours.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232814,"text":"If the minor fails to appear for the hearing, the juvenile and domestic relations district court judge shall, after consideration of any evidence from the minor, from his parents, from the community services board, or from any treatment provider identified in the mandatory outpatient treatment plan regarding why the minor failed to appear at the hearing, either (i) reschedule the hearing pursuant to subsection A, (ii) issue an emergency custody order pursuant to § 16.1-340, or (iii) issue a temporary detention order pursuant to § 16.1-340.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":232815,"text":"After hearing the evidence regarding the minor’s material noncompliance with the mandatory outpatient treatment order and the minor’s current condition, and any other relevant information referenced in \u00a7 16.1-345 and subsection A of \u00a7 16.1-345.2, the juvenile and domestic relations district court judge may make one of the following dispositions:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":232816,"text":"Upon finding by clear and convincing evidence that the minor meets the criteria for involuntary admission and treatment specified in § 16.1-345, the judge shall order the minor’s involuntary admission to a facility designated by the community services board for a period of treatment not to exceed 30 days;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":232817,"text":"Upon finding that the minor continues to meet the criteria for mandatory outpatient treatment specified in subsection A of § 16.1-345.2, and that a continued period of mandatory outpatient treatment appears warranted, the judge may renew the order for mandatory outpatient treatment, making any necessary modifications that are acceptable to the community services board or treatment provider responsible for the minor’s treatment. In determining the appropriateness of outpatient treatment, the court may consider the minor’s material noncompliance with the previous mandatory treatment order; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":232818,"text":"Upon finding that neither of the above dispositions is appropriate, the judge may rescind the order for mandatory outpatient treatment.\n\t\t\t\tUpon entry of an order for involuntary inpatient admission, transportation shall be provided in accordance with § 16.1-345.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":232819,"text":"For the purposes of this section, “juvenile and domestic relations district court judge” shall not include a special justice as authorized by § 37.2-803.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-345.4\/","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 2 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 2010, chapters 778<\/a> and 825<\/a>; in 2014, chapters 691<\/a> and 761<\/a>.<\/p>","references":[{"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":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":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"id":80409,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","order_by":null,"url":"\/16.1-341\/"},{"id":86415,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","order_by":null,"url":"\/16.1-342\/"},{"id":58318,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","order_by":null,"url":"\/16.1-345\/"},{"id":86950,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","order_by":null,"url":"\/16.1-345.2\/"},{"id":71978,"section_number":"16.1-345.5","catch_line":"Continuation of mandatory outpatient treatment order","order_by":null,"url":"\/16.1-345.5\/"},{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"}],"permalink":{"id":161343,"object_type":"law","relational_id":63926,"identifier":"16.1-345.4","token":"16.1\/11\/16\/16.1-345.4","url":"\/16.1-345.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-345.4\/","token":"16.1\/11\/16\/16.1-345.4","dublin_core":{"Title":"Court review of mandatory outpatient treatment plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-345.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The juvenile and domestic relations district court judge shall hold a hearing<\/span> within 15 days after receiving the motion<\/span> for review of the mandatory outpatient treatment<\/span> plan; however, if the fifteenth day is a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed, the hearing<\/span> shall be held on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed. If the minor<\/span> is being detained under a temporary detention order<\/span>, the hearing<\/span> shall be scheduled within the same time frame provided for a commitment hearing<\/span> under § 16.1-341<\/a>. The clerk shall provide notice of the hearing<\/span> to the minor<\/span>, his parents<\/span>, the community services board<\/span>, all treatment<\/span> providers listed in the comprehensive mandatory outpatient treatment<\/span> order<\/span>, and the original petitioner for the minor<\/span>’s involuntary treatment<\/span>. If the minor<\/span> is not represented by counsel<\/span>, the judge<\/span> shall appoint an attorney to represent the minor<\/span> in this hearing<\/span> and any subsequent hearings<\/span> under § 16.1-345.5<\/a>, giving consideration to appointing the attorney who represented the minor<\/span> at the proceeding that resulted in the issuance of the mandatory outpatient treatment<\/span> order<\/span>. The judge<\/span> shall also appoint a guardian ad litem<\/span> for the minor<\/span>. The community services board<\/span> shall offer to arrange the minor<\/span>’s transportation to the hearing<\/span> if the minor<\/span> is not detained and has no other source of transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If requested by the minor<\/span>’s parents<\/span>, the community services board<\/span>, a treatment provider listed in the comprehensive mandatory outpatient treatment plan, or the original petitioner for the minor<\/span>’s involuntary treatment, the juvenile and domestic relations district court judge may order<\/span> an evaluation and appoint a qualified evaluator<\/span> in accordance with § 16.1-342<\/a> who shall personally examine the minor<\/span> and certify to the court<\/span> whether or not he has probable cause<\/span> to believe that the minor<\/span> meets the criteria for involuntary inpatient treatment<\/span> or mandatory outpatient treatment as specified in § 16.1-345<\/a> and subsection A of § 16.1-345.2<\/a>. The evaluator’s report may be admitted into evidence<\/span> without the appearance<\/span> of the evaluator at the hearing<\/span> if not objected to by the minor<\/span> or his attorney. If the minor<\/span> is not detained in an inpatient facility, the community services board<\/span> shall arrange for the minor<\/span> to be examined at a convenient location and time. The community services board<\/span> shall offer to arrange for the minor<\/span>’s transportation to the examination, if the minor<\/span> has no other source of transportation. If the minor<\/span> refuses or fails to appear, the community services board<\/span> shall notify the court<\/span>, and the court<\/span> shall issue<\/span> a mandatory examination order<\/span> and a civil show cause summons<\/span>. The return date for the civil show cause summons<\/span> shall be set on a date prior to the review hearing<\/span> scheduled pursuant to subsection A, and the examination of the minor<\/span> shall be conducted immediately after the hearing<\/span> thereon, but in no event shall the period for the examination exceed eight hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the minor<\/span> fails to appear for the hearing<\/span>, the juvenile and domestic relations district court judge shall, after consideration of any evidence<\/span> from the minor<\/span>, from his parents<\/span>, from the community services board<\/span>, or from any treatment provider identified in the mandatory outpatient treatment plan regarding why the minor<\/span> failed to appear at the hearing<\/span>, either (i) reschedule the hearing<\/span> pursuant to subsection A, (ii) issue<\/span> an emergency custody<\/span> order<\/span> pursuant to § 16.1-340<\/a>, or (iii) issue<\/span> a temporary detention order<\/span> pursuant to § 16.1-340.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> After hearing<\/span> the evidence<\/span> regarding the minor<\/span>’s material<\/span> noncompliance with the mandatory outpatient treatment order<\/span> and the minor<\/span>’s current condition, and any other relevant information referenced in \u00a7 16.1-345<\/a> and subsection A of \u00a7 16.1-345.2<\/a>, the juvenile and domestic relations district court judge may make one of the following dispositions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upon finding<\/span> by clear and convincing evidence<\/span> that the minor<\/span> meets the criteria for involuntary admission and treatment specified in § 16.1-345<\/a>, the judge<\/span> shall order<\/span> the minor<\/span>’s involuntary admission to a facility designated by the community services board<\/span> for a period of treatment not to exceed 30 days; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon finding<\/span> that the minor<\/span> continues to meet the criteria for mandatory outpatient treatment specified in subsection A of § 16.1-345.2<\/a>, and that a continued period of mandatory outpatient treatment appears warranted, the judge<\/span> may renew the order<\/span> for mandatory outpatient treatment, making any necessary modifications that are acceptable to the community services board<\/span> or treatment provider responsible for the minor<\/span>’s treatment. In determining the appropriateness of outpatient treatment, the court<\/span> may consider the minor<\/span>’s material<\/span> noncompliance with the previous mandatory treatment order<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon finding<\/span> that neither of the above dispositions<\/span> is appropriate, the judge<\/span> may rescind the order<\/span> for mandatory outpatient treatment.\n\t\t\t\tUpon entry of an order<\/span> for involuntary inpatient admission, transportation shall be provided in accordance with § 16.1-345<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For the purposes of this section, “juvenile and domestic relations district court judge” shall not include a special justice as authorized by § 37.2-803<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT REVIEW OF MANDATORY OUTPATIENT TREATMENT PLAN (\u00a7 16.1-345.4)\n\nA. The juvenile and domestic relations district court judge shall hold a hearing\nwithin 15 days after receiving the motion for review of the mandatory outpatient\ntreatment plan; however, if the fifteenth day is a Saturday, Sunday, legal\nholiday, or day on which the court is lawfully closed, the hearing shall be held\non the next day that is not a Saturday, Sunday, legal holiday, or day on which\nthe court is lawfully closed. If the minor is being detained under a temporary\ndetention order, the hearing shall be scheduled within the same time frame\nprovided for a commitment hearing under § 16.1-341. The clerk shall provide\nnotice of the hearing to the minor, his parents, the community services board,\nall treatment providers listed in the comprehensive mandatory outpatient\ntreatment order, and the original petitioner for the minor’s involuntary\ntreatment. If the minor is not represented by counsel, the judge shall appoint\nan attorney to represent the minor in this hearing and any subsequent hearings\nunder § 16.1-345.5, giving consideration to appointing the attorney who\nrepresented the minor at the proceeding that resulted in the issuance of the\nmandatory outpatient treatment order. The judge shall also appoint a guardian ad\nlitem for the minor. The community services board shall offer to arrange the\nminor’s transportation to the hearing if the minor is not detained and has\nno other source of transportation.\n\nB. If requested by the minor’s parents, the community services board, a\ntreatment provider listed in the comprehensive mandatory outpatient treatment\nplan, or the original petitioner for the minor’s involuntary treatment,\nthe juvenile and domestic relations district court judge may order an evaluation\nand appoint a qualified evaluator in accordance with § 16.1-342 who shall\npersonally examine the minor and certify to the court whether or not he has\nprobable cause to believe that the minor meets the criteria for involuntary\ninpatient treatment or mandatory outpatient treatment as specified in §\n16.1-345 and subsection A of § 16.1-345.2. The evaluator’s report may\nbe admitted into evidence without the appearance of the evaluator at the hearing\nif not objected to by the minor or his attorney. If the minor is not detained in\nan inpatient facility, the community services board shall arrange for the minor\nto be examined at a convenient location and time. The community services board\nshall offer to arrange for the minor’s transportation to the examination,\nif the minor has no other source of transportation. If the minor refuses or\nfails to appear, the community services board shall notify the court, and the\ncourt shall issue a mandatory examination order and a civil show cause summons.\nThe return date for the civil show cause summons shall be set on a date prior to\nthe review hearing scheduled pursuant to subsection A, and the examination of\nthe minor shall be conducted immediately after the hearing thereon, but in no\nevent shall the period for the examination exceed eight hours.\n\nC. If the minor fails to appear for the hearing, the juvenile and domestic\nrelations district court judge shall, after consideration of any evidence from\nthe minor, from his parents, from the community services board, or from any\ntreatment provider identified in the mandatory outpatient treatment plan\nregarding why the minor failed to appear at the hearing, either (i) reschedule\nthe hearing pursuant to subsection A, (ii) issue an emergency custody order\npursuant to § 16.1-340, or (iii) issue a temporary detention order pursuant\nto § 16.1-340.1.\n\nD. After hearing the evidence regarding the minor’s material noncompliance\nwith the mandatory outpatient treatment order and the minor’s current\ncondition, and any other relevant information referenced in \u00a7 16.1-345 and\nsubsection A of \u00a7 16.1-345.2, the juvenile and domestic relations district\ncourt judge may make one of the following dispositions:\n\n 1. Upon finding by clear and convincing evidence that the minor meets the\n criteria for involuntary admission and treatment specified in § 16.1-345,\n the judge shall order the minor’s involuntary admission to a facility\n designated by the community services board for a period of treatment not to\n exceed 30 days;\n\n 2. Upon finding that the minor continues to meet the criteria for mandatory\n outpatient treatment specified in subsection A of § 16.1-345.2, and that\n a continued period of mandatory outpatient treatment appears warranted, the\n judge may renew the order for mandatory outpatient treatment, making any\n necessary modifications that are acceptable to the community services board or\n treatment provider responsible for the minor’s treatment. In determining\n the appropriateness of outpatient treatment, the court may consider the\n minor’s material noncompliance with the previous mandatory treatment\n order; or\n\n 3. Upon finding that neither of the above dispositions is appropriate, the\n judge may rescind the order for mandatory outpatient treatment.\n \t\t\t\tUpon entry of an order for involuntary inpatient admission, transportation\n shall be provided in accordance with § 16.1-345.\n\nE. For the purposes of this section, “juvenile and domestic relations\ndistrict court judge” shall not include a special justice as authorized by\n§ 37.2-803.\n\nHISTORY: 2009, cc. 455, 555; 2010, cc. 778, 825; 2014, cc. 691, 761.","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}}