{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-358.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-358.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-358.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-358.html"}],"law_id":70099,"edition_id":1,"section_id":70099,"structure_id":14373,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","history":"1999, cc. 958, 997; 2000, c. 216.","full_text":"If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of \u00a7 16.1-357, the agent providing restoration concludes that the juvenile is likely to remain incompetent for the foreseeable future, he shall send a report to the court so stating. The report shall also indicate whether, in the agent’s opinion, the juvenile should be (i) committed pursuant to Article 16 (\u00a7 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified pursuant to \u00a7 37.2-806, (iii) provided other services by the court, or (iv) released. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection F of \u00a7 16.1-356. If the court finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order that the juvenile (i) be committed pursuant to Article 16 (\u00a7 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to \u00a7 37.2-806, (iii) have a child in need of services petition filed on his behalf pursuant to \u00a7 16.1-260 D, or (iv) be released. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of \u00a7 16.1-357.\n\t\tIf not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor, one year from the date of the juvenile’s arrest for such charge; and in the case of a charge which would be a felony, three years from the date of the juvenile’s arrest for such charges.","order_by":null,"text":{"0":{"id":253141,"text":"If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of \u00a7 16.1-357, the agent providing restoration concludes that the juvenile is likely to remain incompetent for the foreseeable future, he shall send a report to the court so stating. The report shall also indicate whether, in the agent’s opinion, the juvenile should be (i) committed pursuant to Article 16 (\u00a7 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified pursuant to \u00a7 37.2-806, (iii) provided other services by the court, or (iv) released. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection F of \u00a7 16.1-356. If the court finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order that the juvenile (i) be committed pursuant to Article 16 (\u00a7 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to \u00a7 37.2-806, (iii) have a child in need of services petition filed on his behalf pursuant to \u00a7 16.1-260 D, or (iv) be released. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of \u00a7 16.1-357.\n\t\tIf not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor, one year from the date of the juvenile’s arrest for such charge; and in the case of a charge which would be a felony, three years from the date of the juvenile’s arrest for such charges.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-358\/","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 2000, chapter 216<\/a>.<\/p>","references":[{"id":56374,"section_number":"16.1-357","catch_line":"Disposition when juvenile found incompetent","order_by":null,"url":"\/16.1-357\/"}],"refers_to":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":74549,"section_number":"16.1-335","catch_line":"Short title","order_by":null,"url":"\/16.1-335\/"},{"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":56374,"section_number":"16.1-357","catch_line":"Disposition when juvenile found incompetent","order_by":null,"url":"\/16.1-357\/"},{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"}],"permalink":{"id":161411,"object_type":"law","relational_id":70099,"identifier":"16.1-358","token":"16.1\/11\/18\/16.1-358","url":"\/16.1-358\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-358\/","token":"16.1\/11\/18\/16.1-358","dublin_core":{"Title":"Disposition of the unrestorably incompetent juvenile","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-358","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of \u00a7 16.1-357<\/a>, the agent providing restoration concludes that the juvenile is likely to remain incompetent for the foreseeable future, he shall send a report to the court<\/span> so stating. The report shall also indicate whether, in the agent’s opinion<\/span>, the juvenile should be (i) committed pursuant to Article 16 (\u00a7 16.1-335<\/a> et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, (ii) certified pursuant to \u00a7 37.2-806<\/a>, (iii) provided other services by the court<\/span>, or (iv) released. Upon receipt of the report, the court<\/span> shall make a competency determination according to the procedures specified in subsection F of \u00a7 16.1-356<\/a>. If the court<\/span> finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order<\/span> that the juvenile (i) be committed pursuant to Article 16 (\u00a7 16.1-335<\/a> et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (\u00a7 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to \u00a7 37.2-806<\/a>, (iii) have a child in need of services<\/span> petition<\/span> filed on his behalf pursuant to \u00a7 16.1-260<\/a> D, or (iv) be released. If the court<\/span> finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order<\/span> restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of \u00a7 16.1-357<\/a>.\n\t\tIf not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor<\/span>, one year from the date of the juvenile’s arrest<\/span> for such charge; and in the case of a charge which would be a felony<\/span>, three years from the date of the juvenile’s arrest<\/span> for such charges.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF THE UNRESTORABLY INCOMPETENT JUVENILE (\u00a7 16.1-358)\n\nIf, at any time after the juvenile is ordered to undergo services pursuant to\nsubsection A of \u00a7 16.1-357, the agent providing restoration concludes that the\njuvenile is likely to remain incompetent for the foreseeable future, he shall\nsend a report to the court so stating. The report shall also indicate whether,\nin the agent’s opinion, the juvenile should be (i) committed pursuant to\nArticle 16 (\u00a7 16.1-335 et seq.) of this chapter or, if the juvenile has reached\nthe age of eighteen years at the time of the competency determination, pursuant\nto Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified\npursuant to \u00a7 37.2-806, (iii) provided other services by the court, or (iv)\nreleased. Upon receipt of the report, the court shall make a competency\ndetermination according to the procedures specified in subsection F of \u00a7\n16.1-356. If the court finds that the juvenile is incompetent and is likely to\nremain so for the foreseeable future, it shall order that the juvenile (i) be\ncommitted pursuant to Article 16 (\u00a7 16.1-335 et seq.) of this chapter or, if\nthe juvenile has reached the age of eighteen years at the time of the competency\ndetermination, pursuant to Article 5 (\u00a7 37.2-814 et seq.) of Chapter 8 of Title\n37.2, (ii) be certified pursuant to \u00a7 37.2-806, (iii) have a child in need of\nservices petition filed on his behalf pursuant to \u00a7 16.1-260 D, or (iv) be\nreleased. If the court finds the juvenile incompetent but restorable to\ncompetency in the foreseeable future, it may order restoration services\ncontinued until three months have elapsed from the date of the provision of\nrestoration ordered under subsection A of \u00a7 16.1-357.\n\t\tIf not dismissed without prejudice at an earlier time, charges against an\nunrestorably incompetent juvenile shall be dismissed in compliance with the time\nframes as follows: in the case of a charge which would be a misdemeanor, one\nyear from the date of the juvenile’s arrest for such charge; and in the\ncase of a charge which would be a felony, three years from the date of the\njuvenile’s arrest for such charges.\n\nHISTORY: 1999, cc. 958, 997; 2000, c. 216.","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}}