{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-345.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-345.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-345.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-345.html"}],"law_id":58318,"edition_id":1,"section_id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","history":"1990, c. 975; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697, 813, 840; 2010, cc. 778, 825; 2015, cc. 297, 308; 2020, cc. 879, 880.","full_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 qualified evaluator’s report, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other evidence that may have been admitted, the court shall order the involuntary commitment of the minor to a mental health facility for treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence, that:\n\n1\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; and3\n\nIf the court finds that inpatient treatment is not the least restrictive treatment, the court shall consider entering an order for mandatory outpatient treatment pursuant to § 16.1-345.2.\n\t\t\tUpon the expiration of an order for involuntary commitment, the minor shall be released unless he is involuntarily admitted by further petition and order of a court, which shall be for a period not to exceed 90 days from the date of the subsequent court order, or the minor or his parent rescinds the objection to inpatient treatment and consents to admission pursuant to § 16.1-338 or subsection D of § 16.1-339 or the minor is ordered to mandatory outpatient treatment pursuant to § 16.1-345.2.\n\t\t\tA minor who has been hospitalized while properly detained by a juvenile and domestic relations district court shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice by the sheriff serving the jurisdiction where the minor was detained within 24 hours following completion of a period of inpatient treatment, unless the court having jurisdiction over the case orders that the minor be released from custody. However, such a minor shall not be eligible for mandatory outpatient treatment.\n\t\t\tIn conducting an evaluation of a minor who has been properly detained, if the evaluator finds, irrespective of the fact that the minor has been detained, that the minor meets the criteria for involuntary commitment in this section, the evaluator shall recommend that the minor meets the criteria for involuntary commitment.\n\t\t\tIf the parent or parents with whom the minor resides are not willing to approve the proposed commitment, the court shall order inpatient treatment only if it finds, in addition to the criteria specified in this section, that such treatment is necessary to protect the minor’s life, health, safety, or normal development. If a special justice believes that issuance of a removal order or protective order may be in the child’s best interest, the special justice shall report the matter to the local department of social services for the county or city where the minor resides.\n\t\t\tUpon finding that the best interests of the minor so require, the court may enter an order directing either or both of the minor’s parents to comply with reasonable conditions relating to the minor’s treatment.\n\t\t\tIf the minor is committed to inpatient treatment, such placement shall be in a mental health facility for inpatient treatment designated by the community services board which serves the political subdivision in which the minor was evaluated pursuant to § 16.1-342. If the community services board does not provide a placement recommendation at the hearing, the minor shall be placed in a mental health facility designated by the Commissioner of Behavioral Health and Developmental Services.\n\t\t\tWhen a minor has been involuntarily committed pursuant to this section, the judge shall determine, after consideration of information provided by the minor’s treating mental health professional and any involved community services board staff regarding the minor’s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a parent, family member, or friend of the minor, a representative of the community services board, a representative of the facility at which the minor was detained pursuant to a temporary detention order, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the judge determines that transportation may be provided by an alternative transportation provider, the judge may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the judge finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the judge may order transportation by the proposed alternative transportation provider. In all other cases, the judge shall order transportation by the sheriff of the jurisdiction where the minor is a resident unless the sheriff’s office of that jurisdiction is located more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place. In cases where the sheriff of the jurisdiction in which the minor is a resident is more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction to transport the minor.\n\t\t\tIf the judge determines that the minor requires transportation by the sheriff, the sheriff, as specified in this section shall transport the minor to the proper facility. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the judge’s order.\n\t\t\tIf an alternative transportation provider providing transportation of a minor becomes unable to continue providing transportation of the minor at any time after taking custody of the minor, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody of the minor and shall transport the minor to the proper facility. In such cases, if the alternative transportation provider originally authorized to provide transportation is a person other than the minor’s parent, the alternative transportation provider shall notify the minor’s parent (a) that the primary law-enforcement agency for the jurisdiction in which he is located has taken custody of the minor and is transporting the minor to the facility of temporary detention and (b) of the name of the law-enforcement officer providing transportation of the minor.\n\t\t\tNo person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.","order_by":null,"text":{"0":{"id":213588,"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 qualified evaluator’s report, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other evidence that may have been admitted, the court shall order the involuntary commitment of the minor to a mental health facility for treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence, that:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":213589,"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":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":213590,"text":"The minor is in need of compulsory treatment for a mental illness and is reasonably likely to benefit from the proposed treatment; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":213591,"text":"If the court finds that inpatient treatment is not the least restrictive treatment, the court shall consider entering an order for mandatory outpatient treatment pursuant to § 16.1-345.2.\n\t\t\tUpon the expiration of an order for involuntary commitment, the minor shall be released unless he is involuntarily admitted by further petition and order of a court, which shall be for a period not to exceed 90 days from the date of the subsequent court order, or the minor or his parent rescinds the objection to inpatient treatment and consents to admission pursuant to § 16.1-338 or subsection D of § 16.1-339 or the minor is ordered to mandatory outpatient treatment pursuant to § 16.1-345.2.\n\t\t\tA minor who has been hospitalized while properly detained by a juvenile and domestic relations district court shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice by the sheriff serving the jurisdiction where the minor was detained within 24 hours following completion of a period of inpatient treatment, unless the court having jurisdiction over the case orders that the minor be released from custody. However, such a minor shall not be eligible for mandatory outpatient treatment.\n\t\t\tIn conducting an evaluation of a minor who has been properly detained, if the evaluator finds, irrespective of the fact that the minor has been detained, that the minor meets the criteria for involuntary commitment in this section, the evaluator shall recommend that the minor meets the criteria for involuntary commitment.\n\t\t\tIf the parent or parents with whom the minor resides are not willing to approve the proposed commitment, the court shall order inpatient treatment only if it finds, in addition to the criteria specified in this section, that such treatment is necessary to protect the minor’s life, health, safety, or normal development. If a special justice believes that issuance of a removal order or protective order may be in the child’s best interest, the special justice shall report the matter to the local department of social services for the county or city where the minor resides.\n\t\t\tUpon finding that the best interests of the minor so require, the court may enter an order directing either or both of the minor’s parents to comply with reasonable conditions relating to the minor’s treatment.\n\t\t\tIf the minor is committed to inpatient treatment, such placement shall be in a mental health facility for inpatient treatment designated by the community services board which serves the political subdivision in which the minor was evaluated pursuant to § 16.1-342. If the community services board does not provide a placement recommendation at the hearing, the minor shall be placed in a mental health facility designated by the Commissioner of Behavioral Health and Developmental Services.\n\t\t\tWhen a minor has been involuntarily committed pursuant to this section, the judge shall determine, after consideration of information provided by the minor’s treating mental health professional and any involved community services board staff regarding the minor’s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a parent, family member, or friend of the minor, a representative of the community services board, a representative of the facility at which the minor was detained pursuant to a temporary detention order, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the judge determines that transportation may be provided by an alternative transportation provider, the judge may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the judge finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the judge may order transportation by the proposed alternative transportation provider. In all other cases, the judge shall order transportation by the sheriff of the jurisdiction where the minor is a resident unless the sheriff’s office of that jurisdiction is located more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place. In cases where the sheriff of the jurisdiction in which the minor is a resident is more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction to transport the minor.\n\t\t\tIf the judge determines that the minor requires transportation by the sheriff, the sheriff, as specified in this section shall transport the minor to the proper facility. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the judge’s order.\n\t\t\tIf an alternative transportation provider providing transportation of a minor becomes unable to continue providing transportation of the minor at any time after taking custody of the minor, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody of the minor and shall transport the minor to the proper facility. In such cases, if the alternative transportation provider originally authorized to provide transportation is a person other than the minor’s parent, the alternative transportation provider shall notify the minor’s parent (a) that the primary law-enforcement agency for the jurisdiction in which he is located has taken custody of the minor and is transporting the minor to the facility of temporary detention and (b) of the name of the law-enforcement officer providing transportation of the minor.\n\t\t\tNo person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-345\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 975 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1992, chapter 539; in 2005, chapter 346<\/a>; in 2009, chapters 112<\/a>, 455<\/a>, 555<\/a>, 697<\/a>, 813<\/a>, and 840<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2015, chapters 297<\/a> and 308<\/a>; in 2020, chapters 879<\/a> and 880<\/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":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"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":60394,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","order_by":null,"url":"\/16.1-340.3\/"},{"id":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":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\/"},{"id":58903,"section_number":"16.1-346","catch_line":"Treatment plans; periodic review of status","order_by":null,"url":"\/16.1-346\/"},{"id":86640,"section_number":"22.1-7","catch_line":"Responsibility of each state board, agency, and institution having children in residence or in custody","order_by":null,"url":"\/22.1-7\/"},{"id":74255,"section_number":"66-20","catch_line":"Observation and treatment of children with mental illness or developmental disabilities","order_by":null,"url":"\/66-20\/"}],"refers_to":[{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"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":86415,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","order_by":null,"url":"\/16.1-342\/"},{"id":86950,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","order_by":null,"url":"\/16.1-345.2\/"}],"permalink":{"id":161327,"object_type":"law","relational_id":58318,"identifier":"16.1-345","token":"16.1\/11\/16\/16.1-345","url":"\/16.1-345\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-345\/","token":"16.1\/11\/16\/16.1-345","dublin_core":{"Title":"Involuntary commitment; criteria","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-345","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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 qualified evaluator<\/span>’s report, (v) any medical records available, (vi) the preadmission screening report, and (vii) any other evidence<\/span> that may have been admitted, the court<\/span> shall order<\/span> the involuntary commitment of the minor<\/span> to a mental health facility<\/span> for treatment for a period not to exceed 90 days if it finds, by clear and convincing evidence<\/span>, that:<\/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; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the court<\/span> finds that inpatient treatment<\/span> is not the least restrictive treatment, the court<\/span> shall consider entering an order for mandatory outpatient treatment pursuant to § 16.1-345.2<\/a>.\n\t\t\tUpon the expiration of an order for involuntary commitment, the minor<\/span> shall be released unless he is involuntarily admitted by further petition<\/span> and order of a court, which shall be for a period not to exceed 90 days from the date of the subsequent court order<\/span>, or the minor<\/span> or his parent<\/span> rescinds the objection to inpatient treatment<\/span> and consents<\/span> to admission pursuant to § 16.1-338<\/a> or subsection D of § 16.1-339<\/a> or the minor<\/span> is ordered to mandatory outpatient treatment pursuant to § 16.1-345.2<\/a>.\n\t\t\tA minor<\/span> who has been hospitalized while properly detained by a juvenile and domestic relations district court shall be returned to the detention home<\/span>, shelter care<\/span>, or other facility approved by the Department<\/span> of Juvenile Justice by the sheriff serving the jurisdiction<\/span> where the minor<\/span> was detained within 24 hours following completion of a period of inpatient treatment<\/span>, unless the court<\/span> having jurisdiction<\/span> over the case orders<\/span> that the minor<\/span> be released from custody<\/span>. However, such a minor<\/span> shall not be eligible for mandatory outpatient treatment.\n\t\t\tIn conducting an evaluation of a minor<\/span> who has been properly detained, if the evaluator finds, irrespective of the fact<\/span> that the minor<\/span> has been detained, that the minor<\/span> meets the criteria for involuntary commitment in this section, the evaluator shall recommend that the minor<\/span> meets the criteria for involuntary commitment.\n\t\t\tIf the parent<\/span> or parents<\/span> with whom the minor<\/span> resides are not willing to approve the proposed commitment, the court<\/span> shall order inpatient treatment<\/span> only if it finds, in addition to the criteria specified in this section, that such treatment is necessary to protect the minor<\/span>’s life, health, safety, or normal development. If a special justice believes that issuance of a removal order or protective order may be in the child’s best interest, the special justice shall report the matter to the local department<\/span> of social services for the county or city where the minor<\/span> resides.\n\t\t\tUpon finding<\/span> that the best interests of the minor<\/span> so require, the court<\/span> may enter an order directing either or both of the minor<\/span>’s parents<\/span> to comply with reasonable conditions relating to the minor<\/span>’s treatment.\n\t\t\tIf the minor<\/span> is committed to inpatient treatment<\/span>, such placement shall be in a mental health facility<\/span> for inpatient treatment<\/span> designated by the community services board<\/span> which serves the political subdivision in which the minor<\/span> was evaluated pursuant to § 16.1-342<\/a>. If the community services board<\/span> does not provide a placement recommendation at the hearing<\/span>, the minor<\/span> shall be placed in a mental health facility<\/span> designated by the Commissioner of Behavioral Health and Developmental Services.\n\t\t\tWhen a minor<\/span> has been involuntarily committed pursuant to this section, the judge<\/span> shall determine, after consideration of information provided by the minor<\/span>’s treating mental health professional and any involved community services board<\/span> staff regarding the minor<\/span>’s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a parent<\/span>, family member, or friend of the minor<\/span>, a representative of the community services board<\/span>, a representative of the facility at which the minor<\/span> was detained pursuant to a temporary detention order, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the judge<\/span> determines that transportation may be provided by an alternative transportation provider, the judge<\/span> may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the judge<\/span> finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the judge<\/span> may order transportation by the proposed alternative transportation provider. In all other cases, the judge<\/span> shall order transportation by the sheriff of the jurisdiction<\/span> where the minor<\/span> is a resident unless the sheriff’s office of that jurisdiction<\/span> is located more than 100 road miles from the nearest boundary of the jurisdiction<\/span> in which the proceedings took place. In cases where the sheriff of the jurisdiction<\/span> in which the minor<\/span> is a resident is more than 100 road miles from the nearest boundary of the jurisdiction<\/span> in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction<\/span> to transport the minor<\/span>.\n\t\t\tIf the judge<\/span> determines that the minor<\/span> requires transportation by the sheriff, the sheriff, as specified in this section shall transport the minor<\/span> to the proper facility. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the judge<\/span>’s order.\n\t\t\tIf an alternative transportation provider providing transportation of a minor<\/span> becomes unable to continue providing transportation of the minor<\/span> at any time after taking custody<\/span> of the minor<\/span>, the primary law-enforcement agency for the jurisdiction<\/span> in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody<\/span> of the minor<\/span> and shall transport the minor<\/span> to the proper facility. In such cases, if the alternative transportation provider originally authorized to provide transportation is a person other than the minor<\/span>’s parent<\/span>, the alternative transportation provider shall notify the minor<\/span>’s parent<\/span> (a) that the primary law-enforcement agency for the jurisdiction<\/span> in which he is located has taken custody<\/span> of the minor<\/span> and is transporting the minor<\/span> to the facility of temporary detention and (b) of the name of the law<\/span>-enforcement officer providing transportation of the minor<\/span>.\n\t\t\tNo person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages<\/span> for ordinary negligence<\/span> in acts or omissions that result from providing such alternative transportation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVOLUNTARY COMMITMENT; CRITERIA (\u00a7 16.1-345)\n\nAfter 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 qualified evaluator’s report, (v) any\nmedical records available, (vi) the preadmission screening report, and (vii) any\nother evidence that may have been admitted, the court shall order the\ninvoluntary commitment of the minor to a mental health facility for treatment\nfor a period not to exceed 90 days if it finds, by clear and convincing\nevidence, that:\n\n1. Because of mental illness, the minor (i) presents a serious danger to himself\nor others to the extent that severe or irremediable injury is likely to result,\nas evidenced by recent acts or threats or (ii) 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;\n\n2. The minor is in need of compulsory treatment for a mental illness and is\nreasonably likely to benefit from the proposed treatment; and\n\n3. If the court finds that inpatient treatment is not the least restrictive\ntreatment, the court shall consider entering an order for mandatory outpatient\ntreatment pursuant to § 16.1-345.2.\n\t\t\tUpon the expiration of an order for involuntary commitment, the minor shall\nbe released unless he is involuntarily admitted by further petition and order of\na court, which shall be for a period not to exceed 90 days from the date of the\nsubsequent court order, or the minor or his parent rescinds the objection to\ninpatient treatment and consents to admission pursuant to § 16.1-338 or\nsubsection D of § 16.1-339 or the minor is ordered to mandatory outpatient\ntreatment pursuant to § 16.1-345.2.\n\t\t\tA minor who has been hospitalized while properly detained by a juvenile and\ndomestic relations district court shall be returned to the detention home,\nshelter care, or other facility approved by the Department of Juvenile Justice\nby the sheriff serving the jurisdiction where the minor was detained within 24\nhours following completion of a period of inpatient treatment, unless the court\nhaving jurisdiction over the case orders that the minor be released from\ncustody. However, such a minor shall not be eligible for mandatory outpatient\ntreatment.\n\t\t\tIn conducting an evaluation of a minor who has been properly detained, if the\nevaluator finds, irrespective of the fact that the minor has been detained, that\nthe minor meets the criteria for involuntary commitment in this section, the\nevaluator shall recommend that the minor meets the criteria for involuntary\ncommitment.\n\t\t\tIf the parent or parents with whom the minor resides are not willing to\napprove the proposed commitment, the court shall order inpatient treatment only\nif it finds, in addition to the criteria specified in this section, that such\ntreatment is necessary to protect the minor’s life, health, safety, or\nnormal development. If a special justice believes that issuance of a removal\norder or protective order may be in the child’s best interest, the special\njustice shall report the matter to the local department of social services for\nthe county or city where the minor resides.\n\t\t\tUpon finding that the best interests of the minor so require, the court may\nenter an order directing either or both of the minor’s parents to comply\nwith reasonable conditions relating to the minor’s treatment.\n\t\t\tIf the minor is committed to inpatient treatment, such placement shall be in\na mental health facility for inpatient treatment designated by the community\nservices board which serves the political subdivision in which the minor was\nevaluated pursuant to § 16.1-342. If the community services board does not\nprovide a placement recommendation at the hearing, the minor shall be placed in\na mental health facility designated by the Commissioner of Behavioral Health and\nDevelopmental Services.\n\t\t\tWhen a minor has been involuntarily committed pursuant to this section, the\njudge shall determine, after consideration of information provided by the\nminor’s treating mental health professional and any involved community\nservices board staff regarding the minor’s dangerousness, whether\ntransportation shall be provided by the sheriff or may be provided by an\nalternative transportation provider, including a parent, family member, or\nfriend of the minor, a representative of the community services board, a\nrepresentative of the facility at which the minor was detained pursuant to a\ntemporary detention order, or other alternative transportation provider with\npersonnel trained to provide transportation in a safe manner. If the judge\ndetermines that transportation may be provided by an alternative transportation\nprovider, the judge may consult with the proposed alternative transportation\nprovider either in person or via two-way electronic video and audio or telephone\ncommunication system to determine whether the proposed alternative\ntransportation provider is available to provide transportation, willing to\nprovide transportation, and able to provide transportation in a safe manner. If\nthe judge finds that the proposed alternative transportation provider is\navailable to provide transportation, willing to provide transportation, and able\nto provide transportation in a safe manner, the judge may order transportation\nby the proposed alternative transportation provider. In all other cases, the\njudge shall order transportation by the sheriff of the jurisdiction where the\nminor is a resident unless the sheriff’s office of that jurisdiction is\nlocated more than 100 road miles from the nearest boundary of the jurisdiction\nin which the proceedings took place. In cases where the sheriff of the\njurisdiction in which the minor is a resident is more than 100 road miles from\nthe nearest boundary of the jurisdiction in which the proceedings took place, it\nshall be the responsibility of the sheriff of the latter jurisdiction to\ntransport the minor.\n\t\t\tIf the judge determines that the minor requires transportation by the\nsheriff, the sheriff, as specified in this section shall transport the minor to\nthe proper facility. In no event shall transport commence later than six hours\nafter notification to the sheriff or alternative transportation provider of the\njudge’s order.\n\t\t\tIf an alternative transportation provider providing transportation of a minor\nbecomes unable to continue providing transportation of the minor at any time\nafter taking custody of the minor, the primary law-enforcement agency for the\njurisdiction in which the alternative transportation provider is located at the\ntime he becomes unable to continue providing transportation shall take custody\nof the minor and shall transport the minor to the proper facility. In such\ncases, if the alternative transportation provider originally authorized to\nprovide transportation is a person other than the minor’s parent, the\nalternative transportation provider shall notify the minor’s parent (a)\nthat the primary law-enforcement agency for the jurisdiction in which he is\nlocated has taken custody of the minor and is transporting the minor to the\nfacility of temporary detention and (b) of the name of the law-enforcement\nofficer providing transportation of the minor.\n\t\t\tNo person who provides alternative transportation pursuant to this section\nshall be liable to the person being transported for any civil damages for\nordinary negligence in acts or omissions that result from providing such\nalternative transportation.\n\nHISTORY: 1990, c. 975; 1992, c. 539; 2005, c. 346; 2009, cc. 112, 455, 555, 697,\n813, 840; 2010, cc. 778, 825; 2015, cc. 297, 308; 2020, cc. 879, 880.","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}}