{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-806.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-806.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-806.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-806.html"}],"law_id":56013,"edition_id":1,"section_id":56013,"structure_id":14549,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","history":"1976, c. 493, \u00a7 37.1-65.1; 1979, c. 204; 1980, c. 582; 1984, c. 425; 2005, c. 716; 2012, cc. 476, 507.","full_text":"A\n\nWhenever a person alleged to have intellectual disability is not capable of requesting admission to a training center pursuant to § 37.2-805, a parent or guardian of the person or another responsible person may initiate a proceeding to certify the person’s eligibility for admission pursuant to this section.B\n\nPrior to initiating the proceeding, the parent or guardian or other responsible person seeking the person’s admission shall first obtain (i) a preadmission screening report that recommends admission to a training center from the community services board or behavioral health authority that serves the city or county where the person who is alleged to have intellectual disability resides and (ii) the approval of the training center to which it is proposed that the person be admitted. The Board shall adopt regulations establishing the procedure and standards for the issuance of such approval. These regulations may include provision for the observation and evaluation of the person in a training center for a period not to exceed 48 hours. No person alleged to have intellectual disability who is the subject of a proceeding under this section shall be detained on that account pending the hearing except for observation and evaluation pursuant to the provisions of this subsection.C\n\nUpon the filing of a petition in any city or county alleging that the person has intellectual disability, is in need of training or habilitation, and has been approved for admission pursuant to subsection B, a proceeding to certify the person’s eligibility for admission to the training center may be commenced. The petition shall be filed with any district court or special justice. A copy of the petition shall be personally served on the person named in the petition, his attorney, and his guardian or conservator. Prior to any hearing under this section, the judge or special justice shall appoint an attorney to represent the person. However, the person shall not be precluded from employing counsel of his choosing and at his expense.D\n\nThe person who is the subject of the hearing shall be allowed sufficient opportunity to prepare his defense, obtain independent evaluations and expert opinion at his own expense, and summons other witnesses. He shall be present at any hearing held under this section, unless his attorney waives his right to be present and the judge or special justice is satisfied by a clear showing and after personal observation that the person’s attendance would subject him to substantial risk of physical or emotional injury or would be so disruptive as to prevent the hearing from taking place.E\n\nNotwithstanding the above, the judge or special justice shall summons either a physician or a clinical psychologist who is licensed in Virginia and is qualified in the assessment of persons with intellectual disability or a person designated by the local community services board or behavioral health authority who meets the qualifications established by the Board. The physician, clinical psychologist, or community services board or behavioral health authority designee may be the one who assessed the person pursuant to subsection B. The judge or special justice also shall summons other witnesses when so requested by the person or his attorney. The physician, clinical psychologist, or community services board or behavioral health authority designee shall certify that he has personally assessed the person and has probable cause to believe that the person (i) does or does not have intellectual disability, (ii) is or is not eligible for a less restrictive service, and (iii) is or is not in need of training or habilitation in a training center. The judge or special justice may accept written certification of a finding of a physician, clinical psychologist, or community services board or behavioral health authority designee, provided such assessment has been personally made within the preceding 30 days and there is no objection to the acceptance of the written certification by the person or his attorney.F\n\nIf the judge or special justice, having observed the person and having obtained the necessary positive certification and other relevant evidence, specifically finds that (i) the person is not capable of requesting his own admission, (ii) the training center has approved the proposed admission pursuant to subsection B, (iii) there is no less restrictive alternative to training center admission, consistent with the best interests of the person who is the subject of the proceeding, and (iv) the person has intellectual disability and is in need of training or habilitation in a training center, the judge or special justice shall by written order certify that the person is eligible for admission to a training center.G\n\nCertification of eligibility for admission hereunder shall not be construed as a judicial commitment for involuntary admission of the person but shall authorize the parent or guardian or other responsible person to admit the person to a training center and shall authorize the training center to accept the person.","order_by":null,"text":{"0":{"id":205311,"text":"Whenever a person alleged to have intellectual disability is not capable of requesting admission to a training center pursuant to § 37.2-805, a parent or guardian of the person or another responsible person may initiate a proceeding to certify the person’s eligibility for admission pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205312,"text":"Prior to initiating the proceeding, the parent or guardian or other responsible person seeking the person’s admission shall first obtain (i) a preadmission screening report that recommends admission to a training center from the community services board or behavioral health authority that serves the city or county where the person who is alleged to have intellectual disability resides and (ii) the approval of the training center to which it is proposed that the person be admitted. The Board shall adopt regulations establishing the procedure and standards for the issuance of such approval. These regulations may include provision for the observation and evaluation of the person in a training center for a period not to exceed 48 hours. No person alleged to have intellectual disability who is the subject of a proceeding under this section shall be detained on that account pending the hearing except for observation and evaluation pursuant to the provisions of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":205313,"text":"Upon the filing of a petition in any city or county alleging that the person has intellectual disability, is in need of training or habilitation, and has been approved for admission pursuant to subsection B, a proceeding to certify the person’s eligibility for admission to the training center may be commenced. The petition shall be filed with any district court or special justice. A copy of the petition shall be personally served on the person named in the petition, his attorney, and his guardian or conservator. Prior to any hearing under this section, the judge or special justice shall appoint an attorney to represent the person. However, the person shall not be precluded from employing counsel of his choosing and at his expense.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":205314,"text":"The person who is the subject of the hearing shall be allowed sufficient opportunity to prepare his defense, obtain independent evaluations and expert opinion at his own expense, and summons other witnesses. He shall be present at any hearing held under this section, unless his attorney waives his right to be present and the judge or special justice is satisfied by a clear showing and after personal observation that the person’s attendance would subject him to substantial risk of physical or emotional injury or would be so disruptive as to prevent the hearing from taking place.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":205315,"text":"Notwithstanding the above, the judge or special justice shall summons either a physician or a clinical psychologist who is licensed in Virginia and is qualified in the assessment of persons with intellectual disability or a person designated by the local community services board or behavioral health authority who meets the qualifications established by the Board. The physician, clinical psychologist, or community services board or behavioral health authority designee may be the one who assessed the person pursuant to subsection B. The judge or special justice also shall summons other witnesses when so requested by the person or his attorney. The physician, clinical psychologist, or community services board or behavioral health authority designee shall certify that he has personally assessed the person and has probable cause to believe that the person (i) does or does not have intellectual disability, (ii) is or is not eligible for a less restrictive service, and (iii) is or is not in need of training or habilitation in a training center. The judge or special justice may accept written certification of a finding of a physician, clinical psychologist, or community services board or behavioral health authority designee, provided such assessment has been personally made within the preceding 30 days and there is no objection to the acceptance of the written certification by the person or his attorney.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":205316,"text":"If the judge or special justice, having observed the person and having obtained the necessary positive certification and other relevant evidence, specifically finds that (i) the person is not capable of requesting his own admission, (ii) the training center has approved the proposed admission pursuant to subsection B, (iii) there is no less restrictive alternative to training center admission, consistent with the best interests of the person who is the subject of the proceeding, and (iv) the person has intellectual disability and is in need of training or habilitation in a training center, the judge or special justice shall by written order certify that the person is eligible for admission to a training center.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":205317,"text":"Certification of eligibility for admission hereunder shall not be construed as a judicial commitment for involuntary admission of the person but shall authorize the parent or guardian or other responsible person to admit the person to a training center and shall authorize the training center to accept the person.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14549,"edition_id":1,"name":"Admission to Training Centers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:48:37","date_modified":"2026-06-26 03:48:37","permalink":{"id":210299,"object_type":"structure","relational_id":14549,"identifier":"3","token":"37.2\/III\/8\/3","url":"\/37.2\/III\/8\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56013,"structure_id":14549,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","url":"\/37.2-806\/","token":"37.2\/III\/8\/3\/37.2-806","metadata":false},{"id":81905,"structure_id":14549,"section_number":"37.2-807","catch_line":"Emergency or respite care admissions to training centers","url":"\/37.2-807\/","token":"37.2\/III\/8\/3\/37.2-807","metadata":false}],"next_section":{"id":81905,"structure_id":14549,"section_number":"37.2-807","catch_line":"Emergency or respite care admissions to training centers","url":"\/37.2-807\/","token":"37.2\/III\/8\/3\/37.2-807","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-806\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 493 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1979, chapter 204; in 1980, chapter 582; in 1984, chapter 425; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":[{"id":76101,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","order_by":null,"url":"\/16.1-280\/"},{"id":70099,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","order_by":null,"url":"\/16.1-358\/"},{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"},{"id":66636,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","order_by":null,"url":"\/37.2-802\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":81905,"section_number":"37.2-807","catch_line":"Emergency or respite care admissions to training centers","order_by":null,"url":"\/37.2-807\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":87039,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","order_by":null,"url":"\/37.2-906\/"},{"id":73700,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","order_by":null,"url":"\/37.2-908\/"},{"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":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"}],"permalink":{"id":210301,"object_type":"law","relational_id":56013,"identifier":"37.2-806","token":"37.2\/III\/8\/3\/37.2-806","url":"\/37.2-806\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-806\/","token":"37.2\/III\/8\/3\/37.2-806","dublin_core":{"Title":"Judicial certification of eligibility for admission of persons with intellectual disability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-806","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a person alleged to have intellectual disability<\/span> is not capable of requesting admission to a training center<\/span> pursuant to § 37.2-805<\/a>, a parent or guardian of the person or another responsible person may initiate a proceeding to certify the person’s eligibility for admission pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to initiating the proceeding, the parent or guardian or other responsible person seeking the person’s admission shall first obtain (i) a preadmission screening report that recommends admission to a training center<\/span> from the community services board<\/span> or behavioral health authority<\/span> that serves the city or county where the person who is alleged to have intellectual disability<\/span> resides and (ii) the approval of the training center<\/span> to which it is proposed that the person be admitted. The Board shall adopt regulations establishing the procedure and standards for the issuance of such approval. These regulations may include provision for the observation and evaluation of the person in a training center<\/span> for a period not to exceed 48 hours. No person alleged to have intellectual disability<\/span> who is the subject of a proceeding under this section shall be detained on that account pending the hearing<\/span> except for observation and evaluation pursuant to the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the filing of a petition<\/span> in any city or county alleging that the person has intellectual disability<\/span>, is in need of training or habilitation, and has been approved for admission pursuant to subsection B, a proceeding to certify the person’s eligibility for admission to the training center<\/span> may be commenced. The petition<\/span> shall be filed with any district court<\/span> or special justice<\/span>. A copy of the petition<\/span> shall be personally served on the person named in the petition<\/span>, his attorney, and his guardian or conservator. Prior to any hearing<\/span> under this section, the judge<\/span> or special justice<\/span> shall appoint an attorney to represent the person. However, the person shall not be precluded from employing counsel<\/span> of his choosing and at his expense. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The person who is the subject of the hearing<\/span> shall be allowed sufficient opportunity to prepare his defense, obtain independent evaluations and expert opinion<\/span> at his own expense, and summons<\/span> other witnesses. He shall be present at any hearing<\/span> held under this section, unless his attorney waives<\/span> his right to be present and the judge<\/span> or special justice<\/span> is satisfied by a clear showing and after personal observation that the person’s attendance would subject him to substantial risk of physical or emotional injury or would be so disruptive as to prevent the hearing<\/span> from taking place. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the above, the judge<\/span> or special justice<\/span> shall summons<\/span> either a physician or a clinical psychologist who is licensed in Virginia and is qualified in the assessment of persons with intellectual disability<\/span> or a person designated by the local community services board<\/span> or behavioral health authority<\/span> who meets the qualifications established by the Board. The physician, clinical psychologist, or community services board<\/span> or behavioral health authority<\/span> designee may be the one who assessed the person pursuant to subsection B. The judge<\/span> or special justice<\/span> also shall summons<\/span> other witnesses when so requested by the person or his attorney. The physician, clinical psychologist, or community services board<\/span> or behavioral health authority<\/span> designee shall certify that he has personally assessed the person and has probable cause<\/span> to believe that the person (i) does or does not have intellectual disability<\/span>, (ii) is or is not eligible for a less restrictive service, and (iii) is or is not in need of training or habilitation in a training center<\/span>. The judge<\/span> or special justice<\/span> may accept written certification of a finding<\/span> of a physician, clinical psychologist, or community services board<\/span> or behavioral health authority<\/span> designee, provided such assessment has been personally made within the preceding 30 days and there is no objection to the acceptance of the written certification by the person or his attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the judge<\/span> or special justice<\/span>, having observed the person and having obtained the necessary positive certification and other relevant evidence<\/span>, specifically finds that (i) the person is not capable of requesting his own admission, (ii) the training center<\/span> has approved the proposed admission pursuant to subsection B, (iii) there is no less restrictive alternative to training center<\/span> admission, consistent with the best interests of the person who is the subject of the proceeding, and (iv) the person has intellectual disability<\/span> and is in need of training or habilitation in a training center<\/span>, the judge<\/span> or special justice<\/span> shall by written order<\/span> certify that the person is eligible for admission to a training center<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Certification of eligibility for admission hereunder shall not be construed as a judicial commitment for involuntary admission of the person but shall authorize the parent or guardian or other responsible person to admit the person to a training center<\/span> and shall authorize the training center<\/span> to accept the person. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL CERTIFICATION OF ELIGIBILITY FOR ADMISSION OF PERSONS WITH INTELLECTUAL\nDISABILITY (\u00a7 37.2-806)\n\nA. Whenever a person alleged to have intellectual disability is not capable of\nrequesting admission to a training center pursuant to § 37.2-805, a parent\nor guardian of the person or another responsible person may initiate a\nproceeding to certify the person’s eligibility for admission pursuant to\nthis section.\n\nB. Prior to initiating the proceeding, the parent or guardian or other\nresponsible person seeking the person’s admission shall first obtain (i) a\npreadmission screening report that recommends admission to a training center\nfrom the community services board or behavioral health authority that serves the\ncity or county where the person who is alleged to have intellectual disability\nresides and (ii) the approval of the training center to which it is proposed\nthat the person be admitted. The Board shall adopt regulations establishing the\nprocedure and standards for the issuance of such approval. These regulations may\ninclude provision for the observation and evaluation of the person in a training\ncenter for a period not to exceed 48 hours. No person alleged to have\nintellectual disability who is the subject of a proceeding under this section\nshall be detained on that account pending the hearing except for observation and\nevaluation pursuant to the provisions of this subsection.\n\nC. Upon the filing of a petition in any city or county alleging that the person\nhas intellectual disability, is in need of training or habilitation, and has\nbeen approved for admission pursuant to subsection B, a proceeding to certify\nthe person’s eligibility for admission to the training center may be\ncommenced. The petition shall be filed with any district court or special\njustice. A copy of the petition shall be personally served on the person named\nin the petition, his attorney, and his guardian or conservator. Prior to any\nhearing under this section, the judge or special justice shall appoint an\nattorney to represent the person. However, the person shall not be precluded\nfrom employing counsel of his choosing and at his expense.\n\nD. The person who is the subject of the hearing shall be allowed sufficient\nopportunity to prepare his defense, obtain independent evaluations and expert\nopinion at his own expense, and summons other witnesses. He shall be present at\nany hearing held under this section, unless his attorney waives his right to be\npresent and the judge or special justice is satisfied by a clear showing and\nafter personal observation that the person’s attendance would subject him\nto substantial risk of physical or emotional injury or would be so disruptive as\nto prevent the hearing from taking place.\n\nE. Notwithstanding the above, the judge or special justice shall summons either\na physician or a clinical psychologist who is licensed in Virginia and is\nqualified in the assessment of persons with intellectual disability or a person\ndesignated by the local community services board or behavioral health authority\nwho meets the qualifications established by the Board. The physician, clinical\npsychologist, or community services board or behavioral health authority\ndesignee may be the one who assessed the person pursuant to subsection B. The\njudge or special justice also shall summons other witnesses when so requested by\nthe person or his attorney. The physician, clinical psychologist, or community\nservices board or behavioral health authority designee shall certify that he has\npersonally assessed the person and has probable cause to believe that the person\n(i) does or does not have intellectual disability, (ii) is or is not eligible\nfor a less restrictive service, and (iii) is or is not in need of training or\nhabilitation in a training center. The judge or special justice may accept\nwritten certification of a finding of a physician, clinical psychologist, or\ncommunity services board or behavioral health authority designee, provided such\nassessment has been personally made within the preceding 30 days and there is no\nobjection to the acceptance of the written certification by the person or his\nattorney.\n\nF. If the judge or special justice, having observed the person and having\nobtained the necessary positive certification and other relevant evidence,\nspecifically finds that (i) the person is not capable of requesting his own\nadmission, (ii) the training center has approved the proposed admission pursuant\nto subsection B, (iii) there is no less restrictive alternative to training\ncenter admission, consistent with the best interests of the person who is the\nsubject of the proceeding, and (iv) the person has intellectual disability and\nis in need of training or habilitation in a training center, the judge or\nspecial justice shall by written order certify that the person is eligible for\nadmission to a training center.\n\nG. Certification of eligibility for admission hereunder shall not be construed\nas a judicial commitment for involuntary admission of the person but shall\nauthorize the parent or guardian or other responsible person to admit the person\nto a training center and shall authorize the training center to accept the\nperson.\n\nHISTORY: 1976, c. 493, \u00a7 37.1-65.1; 1979, c. 204; 1980, c. 582; 1984, c. 425;\n2005, c. 716; 2012, cc. 476, 507.","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}}