{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-817.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-817.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-817.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-817.01.html"}],"law_id":71749,"edition_id":1,"section_id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","history":"2022, c. 763.","full_text":"A\n\nPrior to ordering involuntary admission pursuant to § 37.2-817, a judge or special justice shall investigate and determine whether (i) mandatory outpatient treatment is appropriate as a less restrictive alternative to admission pursuant to subsection B or (ii) mandatory outpatient treatment following a period of inpatient treatment is appropriate pursuant to subsection C.B\n\nAfter observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, if the judge or special justice finds by clear and convincing evidence that (a) the person has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (b) less restrictive alternatives to involuntary inpatient treatment that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate, as reflected in the initial outpatient treatment plan prepared in accordance with subsection F, (c) the person has the ability to adhere to the mandatory outpatient treatment plan, and (d) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to mandatory outpatient treatment. Less restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community. The duration of mandatory outpatient treatment shall be determined by the court based on recommendations of the community services board but shall not exceed 180 days; in prescribing the terms of the order, including its length, the judge or special justice shall consider the impact on the person’s opportunities and obligations, including education and employment. Upon expiration of an order for mandatory outpatient treatment, the person shall be released from the requirements of the order unless the order is continued in accordance with § 37.2-817.4.C\n\nUpon finding by clear and convincing evidence that, in addition to the findings described in subsection C of § 37.2-817, (i) the person has a history of lack of adherence to treatment for mental illness that has, at least twice within the past 36 months, resulted in the person being subject to an order for involuntary admission pursuant to subsection C of § 37.2-817 or being subject to a temporary detention order and then voluntarily admitting himself in accordance with subsection B of § 37.2-814, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing, (ii) in view of the person’s treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment, (iii) the person has the ability to adhere to the comprehensive mandatory outpatient treatment plan, and (iv) the person is likely to benefit from mandatory outpatient treatment, the judge or special justice may order that, upon discharge from inpatient treatment, the person adhere to a comprehensive mandatory outpatient treatment plan.\n\t\t\tThe period of mandatory outpatient treatment shall begin upon discharge of the person from involuntary inpatient treatment, either upon expiration of the order for inpatient treatment pursuant to subsection C of § 37.2-817 or pursuant to § 37.2-837 or 37.2-838. The duration of mandatory outpatient treatment shall be determined by the court on the basis of recommendations of the community services board, and the maximum period of mandatory outpatient treatment shall not exceed 180 days; in prescribing the terms of the order, including its length, the judge or special justice shall consider the impact on the person’s opportunities and obligations, including education and employment.\n\t\t\tThe treating physician and facility staff shall develop the comprehensive mandatory outpatient treatment plan in conjunction with the community services board and the person. The comprehensive mandatory outpatient treatment plan shall include all of the components described in, and shall be filed with the court and incorporated into, the order for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with subsection G. The community services board where the person resides upon discharge shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. Upon expiration of the order for mandatory outpatient treatment following a period of involuntary inpatient treatment, the person shall be released unless the order is continued in accordance with § 37.2-817.4.D\n\nAt any time prior to the discharge of a person who has been involuntarily admitted pursuant to subsection C of § 37.2-817, the person, the person’s treating physician, a family member or personal representative of the person, or the community services board serving the county or city where the facility is located, the county or city where the person resides, or the county or city where the person will receive treatment following discharge may file a motion with the court for a hearing to determine whether such person should be ordered to mandatory outpatient treatment following a period of inpatient treatment upon discharge if such person, on at least two previous occasions within 36 months preceding the date of the hearing, has been (i) involuntarily admitted pursuant to subsection C of § 37.2-817 or (ii) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing. A district court judge or special justice shall hold the hearing within 72 hours after receiving the motion for a hearing to determine whether the person should be ordered to mandatory outpatient treatment following a period of involuntary inpatient treatment; however, if the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, or legal holiday. The district court judge or special justice may enter an order for a period of mandatory outpatient treatment following a period of involuntary inpatient treatment upon finding that the person meets the criteria set forth in subsection C.E\n\nMandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, outpatient involuntary treatment with antipsychotic medication pursuant to Chapter 11 (§ 37.2-1100 et seq.), or other appropriate course of treatment as may be necessary to meet the needs of the person. Mandatory outpatient treatment shall not include the use of restraints or physical force of any kind in the provision of the medication. The community services board that serves the county or city in which the person resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment.F\n\nAny order for mandatory outpatient treatment entered pursuant to subsection B shall include an initial mandatory outpatient treatment plan developed by the community services board that completed the preadmission screening report. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order shall require the community services board to monitor the implementation of the mandatory outpatient treatment plan and the person’s progress and adherence to the initial mandatory outpatient treatment plan.G\n\nThe community services board where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan no later than five days, excluding Saturdays, Sundays, or legal holidays, after an order for mandatory outpatient treatment has been entered pursuant to subsection B. The community services board where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan prior to discharging a person to mandatory outpatient treatment pursuant to subsection C or D. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the person; (ii) identify the provider that has agreed to provide each service included in the plan; (iii) certify that the services are the most appropriate and least restrictive treatment available for the person; (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department’s licensing regulations; (v) be developed with the fullest possible involvement and participation of the person and his family, with the person’s consent, and reflect his preferences to the greatest extent possible to support his recovery and self-determination, including incorporating any preexisting crisis plan or advance directive of the person; (vi) specify the particular conditions to which the person shall be required to adhere; and (vii) describe (a) how the community services board shall monitor the person’s progress and adherence to the plan and (b) any conditions, including scheduled meetings or continued adherence to medication, necessary for mandatory outpatient treatment to be appropriate for the person. The community services board shall submit the comprehensive mandatory outpatient treatment plan to the court for approval. Upon approval by the court, the comprehensive mandatory outpatient treatment plan shall be filed with the court and incorporated into the order of mandatory outpatient treatment entered pursuant to subsection B, C, or D, as appropriate. A copy of the comprehensive mandatory outpatient treatment plan shall be provided to the person by the community services board upon approval of the comprehensive mandatory outpatient treatment plan by the court.H\n\nIf the community services board responsible for developing a comprehensive mandatory outpatient treatment plan pursuant to subsection B, C, or D determines that the services necessary for the treatment of the person’s mental illness are not available or cannot be provided to the person in accordance with the order for mandatory outpatient treatment, it shall petition the court for rescission of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with the provisions of subsection D of § 37.2-817.1.I\n\nUpon entry of any order for mandatory outpatient treatment pursuant to subsection B or mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D, the clerk of the court shall provide a copy of the order to the person who is the subject of the order, to his attorney, and to the community services board required to monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. The community services board shall acknowledge receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose within five business days.J\n\nThe court may transfer jurisdiction of the case to the district court where the person resides at any time after the entry of the mandatory outpatient treatment order. The community services board responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall remain responsible for monitoring the person’s progress and adherence to the plan until the community services board serving the locality to which jurisdiction of the case has been transferred acknowledges the transfer and receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose. The community services board serving the locality to which jurisdiction of the case has been transferred shall acknowledge the transfer and receipt of the order within five business days.K\n\nAny order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.","order_by":null,"text":{"0":{"id":258467,"text":"Prior to ordering involuntary admission pursuant to § 37.2-817, a judge or special justice shall investigate and determine whether (i) mandatory outpatient treatment is appropriate as a less restrictive alternative to admission pursuant to subsection B or (ii) mandatory outpatient treatment following a period of inpatient treatment is appropriate pursuant to subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258468,"text":"After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, if the judge or special justice finds by clear and convincing evidence that (a) the person has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (b) less restrictive alternatives to involuntary inpatient treatment that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate, as reflected in the initial outpatient treatment plan prepared in accordance with subsection F, (c) the person has the ability to adhere to the mandatory outpatient treatment plan, and (d) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to mandatory outpatient treatment. Less restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community. The duration of mandatory outpatient treatment shall be determined by the court based on recommendations of the community services board but shall not exceed 180 days; in prescribing the terms of the order, including its length, the judge or special justice shall consider the impact on the person’s opportunities and obligations, including education and employment. Upon expiration of an order for mandatory outpatient treatment, the person shall be released from the requirements of the order unless the order is continued in accordance with § 37.2-817.4.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258469,"text":"Upon finding by clear and convincing evidence that, in addition to the findings described in subsection C of § 37.2-817, (i) the person has a history of lack of adherence to treatment for mental illness that has, at least twice within the past 36 months, resulted in the person being subject to an order for involuntary admission pursuant to subsection C of § 37.2-817 or being subject to a temporary detention order and then voluntarily admitting himself in accordance with subsection B of § 37.2-814, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing, (ii) in view of the person’s treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment, (iii) the person has the ability to adhere to the comprehensive mandatory outpatient treatment plan, and (iv) the person is likely to benefit from mandatory outpatient treatment, the judge or special justice may order that, upon discharge from inpatient treatment, the person adhere to a comprehensive mandatory outpatient treatment plan.\n\t\t\tThe period of mandatory outpatient treatment shall begin upon discharge of the person from involuntary inpatient treatment, either upon expiration of the order for inpatient treatment pursuant to subsection C of § 37.2-817 or pursuant to § 37.2-837 or 37.2-838. The duration of mandatory outpatient treatment shall be determined by the court on the basis of recommendations of the community services board, and the maximum period of mandatory outpatient treatment shall not exceed 180 days; in prescribing the terms of the order, including its length, the judge or special justice shall consider the impact on the person’s opportunities and obligations, including education and employment.\n\t\t\tThe treating physician and facility staff shall develop the comprehensive mandatory outpatient treatment plan in conjunction with the community services board and the person. The comprehensive mandatory outpatient treatment plan shall include all of the components described in, and shall be filed with the court and incorporated into, the order for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with subsection G. The community services board where the person resides upon discharge shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. Upon expiration of the order for mandatory outpatient treatment following a period of involuntary inpatient treatment, the person shall be released unless the order is continued in accordance with § 37.2-817.4.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258470,"text":"At any time prior to the discharge of a person who has been involuntarily admitted pursuant to subsection C of § 37.2-817, the person, the person’s treating physician, a family member or personal representative of the person, or the community services board serving the county or city where the facility is located, the county or city where the person resides, or the county or city where the person will receive treatment following discharge may file a motion with the court for a hearing to determine whether such person should be ordered to mandatory outpatient treatment following a period of inpatient treatment upon discharge if such person, on at least two previous occasions within 36 months preceding the date of the hearing, has been (i) involuntarily admitted pursuant to subsection C of § 37.2-817 or (ii) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing. A district court judge or special justice shall hold the hearing within 72 hours after receiving the motion for a hearing to determine whether the person should be ordered to mandatory outpatient treatment following a period of involuntary inpatient treatment; however, if the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, or legal holiday. The district court judge or special justice may enter an order for a period of mandatory outpatient treatment following a period of involuntary inpatient treatment upon finding that the person meets the criteria set forth in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258471,"text":"Mandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, outpatient involuntary treatment with antipsychotic medication pursuant to Chapter 11 (§ 37.2-1100 et seq.), or other appropriate course of treatment as may be necessary to meet the needs of the person. Mandatory outpatient treatment shall not include the use of restraints or physical force of any kind in the provision of the medication. The community services board that serves the county or city in which the person resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":258472,"text":"Any order for mandatory outpatient treatment entered pursuant to subsection B shall include an initial mandatory outpatient treatment plan developed by the community services board that completed the preadmission screening report. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order shall require the community services board to monitor the implementation of the mandatory outpatient treatment plan and the person’s progress and adherence to the initial mandatory outpatient treatment plan.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":258473,"text":"The community services board where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan no later than five days, excluding Saturdays, Sundays, or legal holidays, after an order for mandatory outpatient treatment has been entered pursuant to subsection B. The community services board where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan prior to discharging a person to mandatory outpatient treatment pursuant to subsection C or D. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the person; (ii) identify the provider that has agreed to provide each service included in the plan; (iii) certify that the services are the most appropriate and least restrictive treatment available for the person; (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department’s licensing regulations; (v) be developed with the fullest possible involvement and participation of the person and his family, with the person’s consent, and reflect his preferences to the greatest extent possible to support his recovery and self-determination, including incorporating any preexisting crisis plan or advance directive of the person; (vi) specify the particular conditions to which the person shall be required to adhere; and (vii) describe (a) how the community services board shall monitor the person’s progress and adherence to the plan and (b) any conditions, including scheduled meetings or continued adherence to medication, necessary for mandatory outpatient treatment to be appropriate for the person. The community services board shall submit the comprehensive mandatory outpatient treatment plan to the court for approval. Upon approval by the court, the comprehensive mandatory outpatient treatment plan shall be filed with the court and incorporated into the order of mandatory outpatient treatment entered pursuant to subsection B, C, or D, as appropriate. A copy of the comprehensive mandatory outpatient treatment plan shall be provided to the person by the community services board upon approval of the comprehensive mandatory outpatient treatment plan by the court.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":258474,"text":"If the community services board responsible for developing a comprehensive mandatory outpatient treatment plan pursuant to subsection B, C, or D determines that the services necessary for the treatment of the person’s mental illness are not available or cannot be provided to the person in accordance with the order for mandatory outpatient treatment, it shall petition the court for rescission of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with the provisions of subsection D of § 37.2-817.1.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":258475,"text":"Upon entry of any order for mandatory outpatient treatment pursuant to subsection B or mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D, the clerk of the court shall provide a copy of the order to the person who is the subject of the order, to his attorney, and to the community services board required to monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. The community services board shall acknowledge receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose within five business days.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":258476,"text":"The court may transfer jurisdiction of the case to the district court where the person resides at any time after the entry of the mandatory outpatient treatment order. The community services board responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall remain responsible for monitoring the person’s progress and adherence to the plan until the community services board serving the locality to which jurisdiction of the case has been transferred acknowledges the transfer and receipt of the order to the clerk of the court on a form established by the Office of the Executive Secretary of the Supreme Court and provided by the court for this purpose. The community services board serving the locality to which jurisdiction of the case has been transferred shall acknowledge the transfer and receipt of the order within five business days.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":258477,"text":"Any order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":14586,"edition_id":1,"name":"Involuntary Admissions","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":210339,"object_type":"structure","relational_id":14586,"identifier":"5","token":"37.2\/III\/8\/5","url":"\/37.2\/III\/8\/5\/","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":68004,"structure_id":14586,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},{"id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},{"id":83491,"structure_id":14586,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","metadata":false},{"id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},{"id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},{"id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},{"id":79581,"structure_id":14586,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},{"id":59489,"structure_id":14586,"section_number":"37.2-817.3","catch_line":"Repealed","url":"\/37.2-817.3\/","token":"37.2\/III\/8\/5\/37.2-817.3","metadata":false},{"id":61384,"structure_id":14586,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/37.2-817.4\/","token":"37.2\/III\/8\/5\/37.2-817.4","metadata":false},{"id":56084,"structure_id":14586,"section_number":"37.2-818","catch_line":"Commitment hearing for involuntary admission; recordings and records","url":"\/37.2-818\/","token":"37.2\/III\/8\/5\/37.2-818","metadata":false},{"id":75630,"structure_id":14586,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","url":"\/37.2-819\/","token":"37.2\/III\/8\/5\/37.2-819","metadata":false},{"id":78780,"structure_id":14586,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},{"id":75804,"structure_id":14586,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","metadata":false},{"id":80725,"structure_id":14586,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},{"id":84332,"structure_id":14586,"section_number":"37.2-823","catch_line":"Examination of admission papers by director; examination of persons admitted","url":"\/37.2-823\/","token":"37.2\/III\/8\/5\/37.2-823","metadata":false},{"id":72891,"structure_id":14586,"section_number":"37.2-824","catch_line":"Periodic review of all persons for purposes of retention","url":"\/37.2-824\/","token":"37.2\/III\/8\/5\/37.2-824","metadata":false},{"id":80215,"structure_id":14586,"section_number":"37.2-825","catch_line":"Admission raises no presumption of legal incapacity","url":"\/37.2-825\/","token":"37.2\/III\/8\/5\/37.2-825","metadata":false},{"id":60842,"structure_id":14586,"section_number":"37.2-826","catch_line":"Disposition of nonresidents","url":"\/37.2-826\/","token":"37.2\/III\/8\/5\/37.2-826","metadata":false},{"id":73916,"structure_id":14586,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},{"id":68136,"structure_id":14586,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","metadata":false}],"previous_section":{"id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},"next_section":{"id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-817.01\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapter 763<\/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.<\/p>","references":[{"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":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":71942,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.1\/"},{"id":61384,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","order_by":null,"url":"\/37.2-817.4\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"refers_to":[{"id":83720,"section_number":"37.2-1100","catch_line":"Definitions","order_by":null,"url":"\/37.2-1100\/"},{"id":57446,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","order_by":null,"url":"\/37.2-804.2\/"},{"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\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"id":80976,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","order_by":null,"url":"\/37.2-837\/"},{"id":56627,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","order_by":null,"url":"\/37.2-838\/"}],"permalink":{"id":210357,"object_type":"law","relational_id":71749,"identifier":"37.2-817.01","token":"37.2\/III\/8\/5\/37.2-817.01","url":"\/37.2-817.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","dublin_core":{"Title":"Mandatory outpatient treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-817.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to ordering involuntary admission pursuant to § 37.2-817<\/a>, a judge<\/span> or special justice<\/span> shall investigate and determine whether (i) mandatory outpatient treatment is appropriate as a less restrictive alternative to admission pursuant to subsection B or (ii) mandatory outpatient treatment following a period of inpatient treatment is appropriate pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment<\/span> of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence<\/span> that may have been admitted, if the judge<\/span> or special justice<\/span> finds by clear and convincing evidence<\/span> that (a) the person has a mental illness<\/span> and that there exists a substantial likelihood that, as a result of mental illness<\/span>, the person will, in the near future, (1) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (b) less restrictive alternatives to involuntary inpatient treatment that would offer an opportunity for improvement of his condition have been investigated and are determined to be appropriate, as reflected in the initial outpatient treatment plan prepared in accordance with subsection F, (c) the person has the ability to adhere to the mandatory outpatient treatment plan, and (d) the ordered treatment will be delivered on an outpatient basis by the community services board<\/span> or designated provider to the person, the judge<\/span> or special justice<\/span> shall by written order<\/span> and specific findings<\/span> so certify and order<\/span> that the person be admitted involuntarily to mandatory outpatient treatment. Less restrictive alternatives shall not be determined to be appropriate unless the services are actually available in the community. The duration of mandatory outpatient treatment shall be determined by the court<\/span> based on recommendations of the community services board<\/span> but shall not exceed 180 days; in prescribing the terms of the order<\/span>, including its length, the judge<\/span> or special justice<\/span> shall consider the impact on the person’s opportunities and obligations, including education and employment. Upon expiration of an order<\/span> for mandatory outpatient treatment, the person shall be released from the requirements of the order<\/span> unless the order<\/span> is continued in accordance with § 37.2-817.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon finding<\/span> by clear and convincing evidence<\/span> that, in addition to the findings<\/span> described in subsection C of § 37.2-817<\/a>, (i) the person has a history of lack of adherence to treatment for mental illness<\/span> that has, at least twice within the past 36 months, resulted in the person being subject to an order<\/span> for involuntary admission pursuant to subsection C of § 37.2-817<\/a> or being subject to a temporary detention order<\/span> and then voluntarily admitting himself in accordance with subsection B of § 37.2-814<\/a>, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence<\/span> admitted at the hearing<\/span>, (ii) in view of the person’s treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order<\/span> to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment, (iii) the person has the ability to adhere to the comprehensive mandatory outpatient treatment plan, and (iv) the person is likely to benefit from mandatory outpatient treatment, the judge<\/span> or special justice<\/span> may order<\/span> that, upon discharge from inpatient treatment, the person adhere to a comprehensive mandatory outpatient treatment plan.\n\t\t\tThe period of mandatory outpatient treatment shall begin upon discharge of the person from involuntary inpatient treatment, either upon expiration of the order<\/span> for inpatient treatment pursuant to subsection C of § 37.2-817<\/a> or pursuant to § 37.2-837<\/a> or 37.2-838<\/a>. The duration of mandatory outpatient treatment shall be determined by the court<\/span> on the basis of recommendations of the community services board<\/span>, and the maximum period of mandatory outpatient treatment shall not exceed 180 days; in prescribing the terms of the order<\/span>, including its length, the judge<\/span> or special justice<\/span> shall consider the impact on the person’s opportunities and obligations, including education and employment.\n\t\t\tThe treating physician and facility<\/span> staff shall develop the comprehensive mandatory outpatient treatment plan in conjunction with the community services board<\/span> and the person. The comprehensive mandatory outpatient treatment plan shall include all of the components described in, and shall be filed with the court<\/span> and incorporated into, the order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with subsection G. The community services board<\/span> where the person resides upon discharge shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. Upon expiration of the order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment, the person shall be released unless the order<\/span> is continued in accordance with § 37.2-817.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At any time prior to the discharge of a person who has been involuntarily admitted pursuant to subsection C of § 37.2-817<\/a>, the person, the person’s treating physician, a family member<\/span> or personal representative of the person, or the community services board<\/span> serving the county or city where the facility<\/span> is located, the county or city where the person resides, or the county or city where the person will receive treatment following discharge may file a motion<\/span> with the court<\/span> for a hearing<\/span> to determine whether such person should be ordered to mandatory outpatient treatment following a period of inpatient treatment upon discharge if such person, on at least two previous occasions within 36 months preceding the date of the hearing<\/span>, has been (i) involuntarily admitted pursuant to subsection C of § 37.2-817<\/a> or (ii) the subject of a temporary detention order<\/span> and voluntarily admitted himself in accordance with subsection B of § 37.2-814<\/a>, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence<\/span> admitted at the hearing<\/span>. A district court<\/span> judge<\/span> or special justice<\/span> shall hold the hearing<\/span> within 72 hours after receiving the motion<\/span> for a hearing<\/span> to determine whether the person should be ordered to mandatory outpatient treatment following a period of involuntary inpatient treatment; however, if the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing<\/span> shall be held by the close of business on the next day that is not a Saturday, Sunday, or legal holiday. The district court<\/span> judge<\/span> or special justice<\/span> may enter an order<\/span> for a period of mandatory outpatient treatment following a period of involuntary inpatient treatment upon finding<\/span> that the person meets the criteria set forth in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Mandatory outpatient treatment may include day treatment in a hospital, night treatment in a hospital, outpatient involuntary treatment with antipsychotic medication pursuant to Chapter 11 (§ 37.2-1100<\/a> et seq.), or other appropriate course of treatment as may be necessary to meet the needs of the person. Mandatory outpatient treatment shall not include the use of restraints or physical force of any kind in the provision of the medication. The community services board<\/span> that serves the county or city in which the person resides shall recommend a specific course of treatment and programs for the provision of mandatory outpatient treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any order<\/span> for mandatory outpatient treatment entered pursuant to subsection B shall include an initial mandatory outpatient treatment plan developed by the community services board<\/span> that completed the preadmission screening report. The plan shall, at a minimum, (i) identify the specific services to be provided, (ii) identify the provider who has agreed to provide each service, (iii) describe the arrangements made for the initial in-person appointment or contact with each service provider, and (iv) include any other relevant information that may be available regarding the mandatory outpatient treatment ordered. The order<\/span> shall require the community services board<\/span> to monitor the implementation of the mandatory outpatient treatment plan and the person’s progress and adherence to the initial mandatory outpatient treatment plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The community services board<\/span> where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan no later than five days, excluding Saturdays, Sundays, or legal holidays, after an order<\/span> for mandatory outpatient treatment has been entered pursuant to subsection B. The community services board<\/span> where the person resides that is responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall file a comprehensive mandatory outpatient treatment plan prior to discharging a person to mandatory outpatient treatment pursuant to subsection C or D. The comprehensive mandatory outpatient treatment plan shall (i) identify the specific type, amount, duration, and frequency of each service to be provided to the person; (ii) identify the provider that has agreed to provide each service included in the plan; (iii) certify that the services are the most appropriate and least restrictive treatment available for the person; (iv) certify that each provider has complied and continues to comply with applicable provisions of the Department<\/span>’s licensing regulations; (v) be developed with the fullest possible involvement and participation of the person and his family, with the person’s consent, and reflect his preferences to the greatest extent possible to support his recovery and self-determination, including incorporating any preexisting crisis plan or advance directive of the person; (vi) specify the particular conditions to which the person shall be required to adhere; and (vii) describe (a) how the community services board<\/span> shall monitor the person’s progress and adherence to the plan and (b) any conditions, including scheduled meetings or continued adherence to medication, necessary for mandatory outpatient treatment to be appropriate for the person. The community services board<\/span> shall submit the comprehensive mandatory outpatient treatment plan to the court<\/span> for approval. Upon approval by the court<\/span>, the comprehensive mandatory outpatient treatment plan shall be filed with the court<\/span> and incorporated into the order<\/span> of mandatory outpatient treatment entered pursuant to subsection B, C, or D, as appropriate. A copy of the comprehensive mandatory outpatient treatment plan shall be provided to the person by the community services board<\/span> upon approval of the comprehensive mandatory outpatient treatment plan by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the community services board<\/span> responsible for developing a comprehensive mandatory outpatient treatment plan pursuant to subsection B, C, or D determines that the services necessary for the treatment of the person’s mental illness<\/span> are not available or cannot be provided to the person in accordance with the order<\/span> for mandatory outpatient treatment, it shall petition<\/span> the court<\/span> for rescission of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment in accordance with the provisions of subsection D of § 37.2-817.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Upon entry of any order<\/span> for mandatory outpatient treatment pursuant to subsection B or mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D, the clerk of the court<\/span> shall provide a copy of the order<\/span> to the person who is the subject of the order<\/span>, to his attorney, and to the community services board<\/span> required to monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan. The community services board<\/span> shall acknowledge receipt of the order<\/span> to the clerk of the court<\/span> on a form established by the Office of the Executive Secretary of the Supreme Court<\/span> and provided by the court<\/span> for this purpose within five business days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The court<\/span> may transfer jurisdiction<\/span> of the case to the district court<\/span> where the person resides at any time after the entry of the mandatory outpatient treatment order<\/span>. The community services board<\/span> responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall remain responsible for monitoring the person’s progress and adherence to the plan until the community services board<\/span> serving the locality to which jurisdiction<\/span> of the case has been transferred acknowledges the transfer and receipt of the order<\/span> to the clerk of the court<\/span> on a form established by the Office of the Executive Secretary of the Supreme Court<\/span> and provided by the court<\/span> for this purpose. The community services board<\/span> serving the locality to which jurisdiction<\/span> of the case has been transferred shall acknowledge the transfer and receipt of the order<\/span> within five business days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any order<\/span> entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2<\/a>. This subsection shall not preclude any other disclosures as required or permitted by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANDATORY OUTPATIENT TREATMENT (\u00a7 37.2-817.01)\n\nA. Prior to ordering involuntary admission pursuant to § 37.2-817, a judge\nor special justice shall investigate and determine whether (i) mandatory\noutpatient treatment is appropriate as a less restrictive alternative to\nadmission pursuant to subsection B or (ii) mandatory outpatient treatment\nfollowing a period of inpatient treatment is appropriate pursuant to subsection\nC.\n\nB. After observing the person and considering (i) the recommendations of any\ntreating or examining physician or psychologist licensed in Virginia, if\navailable, (ii) any past actions of the person, (iii) any past mental health\ntreatment of the person, (iv) any examiner’s certification, (v) any health\nrecords available, (vi) the preadmission screening report, and (vii) any other\nrelevant evidence that may have been admitted, if the judge or special justice\nfinds by clear and convincing evidence that (a) the person has a mental illness\nand that there exists a substantial likelihood that, as a result of mental\nillness, the person will, in the near future, (1) cause serious physical harm to\nhimself or others as evidenced by recent behavior causing, attempting, or\nthreatening harm and other relevant information, if any, or (2) suffer serious\nharm due to his lack of capacity to protect himself from harm or to provide for\nhis basic human needs, (b) less restrictive alternatives to involuntary\ninpatient treatment that would offer an opportunity for improvement of his\ncondition have been investigated and are determined to be appropriate, as\nreflected in the initial outpatient treatment plan prepared in accordance with\nsubsection F, (c) the person has the ability to adhere to the mandatory\noutpatient treatment plan, and (d) the ordered treatment will be delivered on an\noutpatient basis by the community services board or designated provider to the\nperson, the judge or special justice shall by written order and specific\nfindings so certify and order that the person be admitted involuntarily to\nmandatory outpatient treatment. Less restrictive alternatives shall not be\ndetermined to be appropriate unless the services are actually available in the\ncommunity. The duration of mandatory outpatient treatment shall be determined by\nthe court based on recommendations of the community services board but shall not\nexceed 180 days; in prescribing the terms of the order, including its length,\nthe judge or special justice shall consider the impact on the person’s\nopportunities and obligations, including education and employment. Upon\nexpiration of an order for mandatory outpatient treatment, the person shall be\nreleased from the requirements of the order unless the order is continued in\naccordance with § 37.2-817.4.\n\nC. Upon finding by clear and convincing evidence that, in addition to the\nfindings described in subsection C of § 37.2-817, (i) the person has a\nhistory of lack of adherence to treatment for mental illness that has, at least\ntwice within the past 36 months, resulted in the person being subject to an\norder for involuntary admission pursuant to subsection C of § 37.2-817 or\nbeing subject to a temporary detention order and then voluntarily admitting\nhimself in accordance with subsection B of § 37.2-814, except that such\n36-month period shall not include any time during which the person was receiving\ninpatient psychiatric treatment or was incarcerated, as established by evidence\nadmitted at the hearing, (ii) in view of the person’s treatment history\nand current behavior, the person is in need of mandatory outpatient treatment\nfollowing inpatient treatment in order to prevent a relapse or deterioration\nthat would be likely to result in the person meeting the criteria for\ninvoluntary inpatient treatment, (iii) the person has the ability to adhere to\nthe comprehensive mandatory outpatient treatment plan, and (iv) the person is\nlikely to benefit from mandatory outpatient treatment, the judge or special\njustice may order that, upon discharge from inpatient treatment, the person\nadhere to a comprehensive mandatory outpatient treatment plan.\n\t\t\tThe period of mandatory outpatient treatment shall begin upon discharge of\nthe person from involuntary inpatient treatment, either upon expiration of the\norder for inpatient treatment pursuant to subsection C of § 37.2-817 or\npursuant to § 37.2-837 or 37.2-838. The duration of mandatory outpatient\ntreatment shall be determined by the court on the basis of recommendations of\nthe community services board, and the maximum period of mandatory outpatient\ntreatment shall not exceed 180 days; in prescribing the terms of the order,\nincluding its length, the judge or special justice shall consider the impact on\nthe person’s opportunities and obligations, including education and\nemployment.\n\t\t\tThe treating physician and facility staff shall develop the comprehensive\nmandatory outpatient treatment plan in conjunction with the community services\nboard and the person. The comprehensive mandatory outpatient treatment plan\nshall include all of the components described in, and shall be filed with the\ncourt and incorporated into, the order for mandatory outpatient treatment\nfollowing a period of involuntary inpatient treatment in accordance with\nsubsection G. The community services board where the person resides upon\ndischarge shall monitor the person’s progress and adherence to the\ncomprehensive mandatory outpatient treatment plan. Upon expiration of the order\nfor mandatory outpatient treatment following a period of involuntary inpatient\ntreatment, the person shall be released unless the order is continued in\naccordance with § 37.2-817.4.\n\nD. At any time prior to the discharge of a person who has been involuntarily\nadmitted pursuant to subsection C of § 37.2-817, the person, the\nperson’s treating physician, a family member or personal representative of\nthe person, or the community services board serving the county or city where the\nfacility is located, the county or city where the person resides, or the county\nor city where the person will receive treatment following discharge may file a\nmotion with the court for a hearing to determine whether such person should be\nordered to mandatory outpatient treatment following a period of inpatient\ntreatment upon discharge if such person, on at least two previous occasions\nwithin 36 months preceding the date of the hearing, has been (i) involuntarily\nadmitted pursuant to subsection C of § 37.2-817 or (ii) the subject of a\ntemporary detention order and voluntarily admitted himself in accordance with\nsubsection B of § 37.2-814, except that such 36-month period shall not\ninclude any time during which the person was receiving inpatient psychiatric\ntreatment or was incarcerated, as established by evidence admitted at the\nhearing. A district court judge or special justice shall hold the hearing within\n72 hours after receiving the motion for a hearing to determine whether the\nperson should be ordered to mandatory outpatient treatment following a period of\ninvoluntary inpatient treatment; however, if the 72-hour period expires on a\nSaturday, Sunday, or legal holiday, the hearing shall be held by the close of\nbusiness on the next day that is not a Saturday, Sunday, or legal holiday. The\ndistrict court judge or special justice may enter an order for a period of\nmandatory outpatient treatment following a period of involuntary inpatient\ntreatment upon finding that the person meets the criteria set forth in\nsubsection C.\n\nE. Mandatory outpatient treatment may include day treatment in a hospital, night\ntreatment in a hospital, outpatient involuntary treatment with antipsychotic\nmedication pursuant to Chapter 11 (§ 37.2-1100 et seq.), or other\nappropriate course of treatment as may be necessary to meet the needs of the\nperson. Mandatory outpatient treatment shall not include the use of restraints\nor physical force of any kind in the provision of the medication. The community\nservices board that serves the county or city in which the person resides shall\nrecommend a specific course of treatment and programs for the provision of\nmandatory outpatient treatment.\n\nF. Any order for mandatory outpatient treatment entered pursuant to subsection B\nshall include an initial mandatory outpatient treatment plan developed by the\ncommunity services board that completed the preadmission screening report. The\nplan shall, at a minimum, (i) identify the specific services to be provided,\n(ii) identify the provider who has agreed to provide each service, (iii)\ndescribe the arrangements made for the initial in-person appointment or contact\nwith each service provider, and (iv) include any other relevant information that\nmay be available regarding the mandatory outpatient treatment ordered. The order\nshall require the community services board to monitor the implementation of the\nmandatory outpatient treatment plan and the person’s progress and\nadherence to the initial mandatory outpatient treatment plan.\n\nG. The community services board where the person resides that is responsible for\nmonitoring the person’s progress and adherence to the comprehensive\nmandatory outpatient treatment plan shall file a comprehensive mandatory\noutpatient treatment plan no later than five days, excluding Saturdays, Sundays,\nor legal holidays, after an order for mandatory outpatient treatment has been\nentered pursuant to subsection B. The community services board where the person\nresides that is responsible for monitoring the person’s progress and\nadherence to the comprehensive mandatory outpatient treatment plan shall file a\ncomprehensive mandatory outpatient treatment plan prior to discharging a person\nto mandatory outpatient treatment pursuant to subsection C or D. The\ncomprehensive mandatory outpatient treatment plan shall (i) identify the\nspecific type, amount, duration, and frequency of each service to be provided to\nthe person; (ii) identify the provider that has agreed to provide each service\nincluded in the plan; (iii) certify that the services are the most appropriate\nand least restrictive treatment available for the person; (iv) certify that each\nprovider has complied and continues to comply with applicable provisions of the\nDepartment’s licensing regulations; (v) be developed with the fullest\npossible involvement and participation of the person and his family, with the\nperson’s consent, and reflect his preferences to the greatest extent\npossible to support his recovery and self-determination, including incorporating\nany preexisting crisis plan or advance directive of the person; (vi) specify the\nparticular conditions to which the person shall be required to adhere; and (vii)\ndescribe (a) how the community services board shall monitor the person’s\nprogress and adherence to the plan and (b) any conditions, including scheduled\nmeetings or continued adherence to medication, necessary for mandatory\noutpatient treatment to be appropriate for the person. The community services\nboard shall submit the comprehensive mandatory outpatient treatment plan to the\ncourt for approval. Upon approval by the court, the comprehensive mandatory\noutpatient treatment plan shall be filed with the court and incorporated into\nthe order of mandatory outpatient treatment entered pursuant to subsection B, C,\nor D, as appropriate. A copy of the comprehensive mandatory outpatient treatment\nplan shall be provided to the person by the community services board upon\napproval of the comprehensive mandatory outpatient treatment plan by the court.\n\nH. If the community services board responsible for developing a comprehensive\nmandatory outpatient treatment plan pursuant to subsection B, C, or D determines\nthat the services necessary for the treatment of the person’s mental\nillness are not available or cannot be provided to the person in accordance with\nthe order for mandatory outpatient treatment, it shall petition the court for\nrescission of the mandatory outpatient treatment order or order for mandatory\noutpatient treatment following a period of involuntary inpatient treatment in\naccordance with the provisions of subsection D of § 37.2-817.1.\n\nI. Upon entry of any order for mandatory outpatient treatment pursuant to\nsubsection B or mandatory outpatient treatment following a period of involuntary\ninpatient treatment pursuant to subsection C or D, the clerk of the court shall\nprovide a copy of the order to the person who is the subject of the order, to\nhis attorney, and to the community services board required to monitor the\nperson’s progress and adherence to the comprehensive mandatory outpatient\ntreatment plan. The community services board shall acknowledge receipt of the\norder to the clerk of the court on a form established by the Office of the\nExecutive Secretary of the Supreme Court and provided by the court for this\npurpose within five business days.\n\nJ. The court may transfer jurisdiction of the case to the district court where\nthe person resides at any time after the entry of the mandatory outpatient\ntreatment order. The community services board responsible for monitoring the\nperson’s progress and adherence to the comprehensive mandatory outpatient\ntreatment plan shall remain responsible for monitoring the person’s\nprogress and adherence to the plan until the community services board serving\nthe locality to which jurisdiction of the case has been transferred acknowledges\nthe transfer and receipt of the order to the clerk of the court on a form\nestablished by the Office of the Executive Secretary of the Supreme Court and\nprovided by the court for this purpose. The community services board serving the\nlocality to which jurisdiction of the case has been transferred shall\nacknowledge the transfer and receipt of the order within five business days.\n\nK. Any order entered pursuant to this section shall provide for the disclosure\nof medical records pursuant to § 37.2-804.2. This subsection shall not\npreclude any other disclosures as required or permitted by law.\n\nHISTORY: 2022, c. 763.","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}}