{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-357.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-357.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-357.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-357.html"}],"law_id":56374,"edition_id":1,"section_id":56374,"structure_id":14373,"section_number":"16.1-357","catch_line":"Disposition when juvenile found incompetent","history":"1999, cc. 958, 997; 2009, cc. 813, 840.","full_text":"A\n\nUpon finding pursuant to subsection F of § 16.1-356 that the juvenile is incompetent, the court shall order that the juvenile receive services to restore his competency in either a nonsecure community setting or a secure facility as defined in § 16.1-228. A copy of the order shall be forwarded to the Commissioner of Behavioral Health and Developmental Services, who shall arrange for the provision of restoration services in a manner consistent with the order. Any report submitted pursuant to subsection E of § 16.1-356 shall be made available to the agent providing restoration.B\n\nIf the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion of the agent providing restoration, the agent shall so notify the court and make recommendations concerning disposition of the juvenile. The court shall hold a hearing according to the procedures specified in subsection F of § 16.1-356 and, if it finds the juvenile unrestorably incompetent, shall order one of the dispositions pursuant to § 16.1-358. If the court finds the juvenile incompetent but restorable to competency, it may order continued restoration services for additional three-month periods, provided a hearing pursuant to subsection F of § 16.1-356 is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future.C\n\nIf, at any time after the juvenile is ordered to undergo services under subsection A of this section, the agent providing restoration believes the juvenile’s competency is restored, the agent shall immediately send a report to the court as prescribed in subsection E of § 16.1-356. The court shall make a ruling on the juvenile’s competency according to the procedures specified in subsection F of § 16.1-356.","order_by":null,"text":{"0":{"id":206414,"text":"Upon finding pursuant to subsection F of § 16.1-356 that the juvenile is incompetent, the court shall order that the juvenile receive services to restore his competency in either a nonsecure community setting or a secure facility as defined in § 16.1-228. A copy of the order shall be forwarded to the Commissioner of Behavioral Health and Developmental Services, who shall arrange for the provision of restoration services in a manner consistent with the order. Any report submitted pursuant to subsection E of § 16.1-356 shall be made available to the agent providing restoration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206415,"text":"If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion of the agent providing restoration, the agent shall so notify the court and make recommendations concerning disposition of the juvenile. The court shall hold a hearing according to the procedures specified in subsection F of § 16.1-356 and, if it finds the juvenile unrestorably incompetent, shall order one of the dispositions pursuant to § 16.1-358. If the court finds the juvenile incompetent but restorable to competency, it may order continued restoration services for additional three-month periods, provided a hearing pursuant to subsection F of § 16.1-356 is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206416,"text":"If, at any time after the juvenile is ordered to undergo services under subsection A of this section, the agent providing restoration believes the juvenile’s competency is restored, the agent shall immediately send a report to the court as prescribed in subsection E of § 16.1-356. The court shall make a ruling on the juvenile’s competency according to the procedures specified in subsection F of § 16.1-356.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14373,"edition_id":1,"name":"Juvenile Competency","identifier":"18","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:47:55","date_modified":"2026-06-26 03:47:55","permalink":{"id":161401,"object_type":"structure","relational_id":14373,"identifier":"18","token":"16.1\/11\/18","url":"\/16.1\/11\/18\/","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":81389,"structure_id":14373,"section_number":"16.1-356","catch_line":"Raising question of competency to stand trial; evaluation and determination of competency","url":"\/16.1-356\/","token":"16.1\/11\/18\/16.1-356","metadata":false},{"id":56374,"structure_id":14373,"section_number":"16.1-357","catch_line":"Disposition when juvenile found incompetent","url":"\/16.1-357\/","token":"16.1\/11\/18\/16.1-357","metadata":false},{"id":70099,"structure_id":14373,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","url":"\/16.1-358\/","token":"16.1\/11\/18\/16.1-358","metadata":false},{"id":55701,"structure_id":14373,"section_number":"16.1-359","catch_line":"Litigating certain issues when the juvenile is incompetent","url":"\/16.1-359\/","token":"16.1\/11\/18\/16.1-359","metadata":false},{"id":60002,"structure_id":14373,"section_number":"16.1-360","catch_line":"Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing","url":"\/16.1-360\/","token":"16.1\/11\/18\/16.1-360","metadata":false},{"id":76986,"structure_id":14373,"section_number":"16.1-361","catch_line":"Compensation of experts","url":"\/16.1-361\/","token":"16.1\/11\/18\/16.1-361","metadata":false}],"previous_section":{"id":81389,"structure_id":14373,"section_number":"16.1-356","catch_line":"Raising question of competency to stand trial; evaluation and determination of competency","url":"\/16.1-356\/","token":"16.1\/11\/18\/16.1-356","metadata":false},"next_section":{"id":70099,"structure_id":14373,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","url":"\/16.1-358\/","token":"16.1\/11\/18\/16.1-358","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-357\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 958<\/a> and 997<\/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 2009, chapters 813<\/a> and 840<\/a>.<\/p>","references":[{"id":81389,"section_number":"16.1-356","catch_line":"Raising question of competency to stand trial; evaluation and determination of competency","order_by":null,"url":"\/16.1-356\/"},{"id":70099,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","order_by":null,"url":"\/16.1-358\/"},{"id":60002,"section_number":"16.1-360","catch_line":"Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing","order_by":null,"url":"\/16.1-360\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":81389,"section_number":"16.1-356","catch_line":"Raising question of competency to stand trial; evaluation and determination of competency","order_by":null,"url":"\/16.1-356\/"},{"id":70099,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","order_by":null,"url":"\/16.1-358\/"}],"permalink":{"id":161407,"object_type":"law","relational_id":56374,"identifier":"16.1-357","token":"16.1\/11\/18\/16.1-357","url":"\/16.1-357\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-357\/","token":"16.1\/11\/18\/16.1-357","dublin_core":{"Title":"Disposition when juvenile found incompetent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-357","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon finding<\/span> pursuant to subsection F of § 16.1-356<\/a> that the juvenile is incompetent, the court<\/span> shall order<\/span> that the juvenile receive services to restore his competency in either a nonsecure community setting or a secure facility<\/span> as defined in § 16.1-228<\/a>. A copy of the order<\/span> shall be forwarded to the Commissioner of Behavioral Health and Developmental Services, who shall arrange for the provision of restoration services in a manner consistent with the order<\/span>. Any report submitted pursuant to subsection E of § 16.1-356<\/a> shall be made available to the agent providing restoration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order<\/span> restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion<\/span> of the agent providing restoration, the agent shall so notify the court<\/span> and make recommendations concerning disposition<\/span> of the juvenile. The court<\/span> shall hold a hearing<\/span> according to the procedures specified in subsection F of § 16.1-356<\/a> and, if it finds the juvenile unrestorably incompetent, shall order<\/span> one of the dispositions<\/span> pursuant to § 16.1-358<\/a>. If the court<\/span> finds the juvenile incompetent but restorable to competency, it may order<\/span> continued restoration services for additional three-month periods, provided a hearing<\/span> pursuant to subsection F of § 16.1-356<\/a> is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, at any time after the juvenile is ordered to undergo services under subsection A of this section, the agent providing restoration believes the juvenile’s competency is restored, the agent shall immediately send a report to the court<\/span> as prescribed in subsection E of § 16.1-356<\/a>. The court<\/span> shall make a ruling on the juvenile’s competency according to the procedures specified in subsection F of § 16.1-356<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION WHEN JUVENILE FOUND INCOMPETENT (\u00a7 16.1-357)\n\nA. Upon finding pursuant to subsection F of § 16.1-356 that the juvenile is\nincompetent, the court shall order that the juvenile receive services to restore\nhis competency in either a nonsecure community setting or a secure facility as\ndefined in § 16.1-228. A copy of the order shall be forwarded to the\nCommissioner of Behavioral Health and Developmental Services, who shall arrange\nfor the provision of restoration services in a manner consistent with the order.\nAny report submitted pursuant to subsection E of § 16.1-356 shall be made\navailable to the agent providing restoration.\n\nB. If the court finds the juvenile incompetent but restorable to competency in\nthe foreseeable future, it shall order restoration services for up to three\nmonths. At the end of three months from the date restoration is ordered under\nsubsection A of this section, if the juvenile remains incompetent in the opinion\nof the agent providing restoration, the agent shall so notify the court and make\nrecommendations concerning disposition of the juvenile. The court shall hold a\nhearing according to the procedures specified in subsection F of § 16.1-356\nand, if it finds the juvenile unrestorably incompetent, shall order one of the\ndispositions pursuant to § 16.1-358. If the court finds the juvenile\nincompetent but restorable to competency, it may order continued restoration\nservices for additional three-month periods, provided a hearing pursuant to\nsubsection F of § 16.1-356 is held at the completion of each such period\nand the juvenile continues to be incompetent but restorable to competency in the\nforeseeable future.\n\nC. If, at any time after the juvenile is ordered to undergo services under\nsubsection A of this section, the agent providing restoration believes the\njuvenile’s competency is restored, the agent shall immediately send a\nreport to the court as prescribed in subsection E of § 16.1-356. The court\nshall make a ruling on the juvenile’s competency according to the\nprocedures specified in subsection F of § 16.1-356.\n\nHISTORY: 1999, cc. 958, 997; 2009, cc. 813, 840.","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}}