{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1517.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1517.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1517.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1517.html"}],"law_id":61486,"edition_id":1,"section_id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","history":"1975, c. 341, \u00a7 63.1-248.9; 1977, c. 559; 1992, c. 688; 1994, c. 643; 1998, c. 760; 2001, c. 837; 2002, c. 747; 2003, c. 508; 2019, cc. 381, 687.","full_text":"A\n\nA physician or child-protective services worker of a local department or law-enforcement official investigating a report or complaint of abuse and neglect may take a child into custody for up to 72 hours without prior approval of parents or guardians provided:1\n\nThe circumstances of the child are such that continuing in his place of residence or in the care or custody of the parent, guardian, custodian or other person responsible for the child&#8217;s care, presents an imminent danger to the child&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if evidence of abuse is perishable or subject to deterioration before a hearing can be held;2\n\nA court order is not immediately obtainable;3\n\nThe court has set up procedures for placing such children;4\n\nFollowing taking the child into custody, the parents or guardians are notified as soon as practicable. Every effort shall be made to provide such notice in person;5\n\nA report is made to the local department; and6\n\nThe court is notified and the person or agency taking custody of such child obtains, as soon as possible, but in no event later than 72 hours, an emergency removal order pursuant to &#xA7; 16.1-251; however, if a preliminary removal order is issued after a hearing held in accordance with &#xA7; 16.1-252 within 72 hours of the removal of the child, an emergency removal order shall not be necessary. Any person or agency petitioning for an emergency removal order after four hours have elapsed following taking custody of the child shall state the reasons therefor pursuant to &#xA7; 16.1-251.B\n\nIf the 72-hour period for holding a child in custody and for obtaining a preliminary or emergency removal order expires on a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed.C\n\nA child-protective services worker of a local department responding to a complaint or report of abuse and neglect for purposes of sex trafficking or severe forms of trafficking may take a child into custody and the local department may maintain custody of the child for up to 72 hours without prior approval of a parent or guardian, provided that the alleged victim child or children have been identified as a victim or victims of sex trafficking or a victim or victims of severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. &#xA7; 7101 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22). After taking the child into custody, the local department shall notify the parent or guardian of such child as soon as practicable. Every effort shall be made to provide such notice in person. The local department shall also notify the Child-Protective Services Unit within the Department whenever a child is taken into custody.D\n\nWhen a child is taken into custody by a child-protective services worker of a local department pursuant to subsection C, that child shall be returned as soon as practicable to the custody of his parent or guardian. However, the local department shall not be required to return the child to his parent or guardian if the circumstances are such that continuing in his place of residence or in the care or custody of such parent or guardian, or custodian or other person responsible for the child&#8217;s care, presents an imminent danger to the child&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if the evidence of abuse is perishable or subject to deterioration before a hearing can be held. If the local department cannot return the child to the custody of his parents or guardians within 72 hours, the local department shall obtain an emergency removal order pursuant to &#xA7; 16.1-251.","order_by":null,"text":{"0":{"id":224551,"text":"A physician or child-protective services worker of a local department or law-enforcement official investigating a report or complaint of abuse and neglect may take a child into custody for up to 72 hours without prior approval of parents or guardians provided:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":224552,"text":"The circumstances of the child are such that continuing in his place of residence or in the care or custody of the parent, guardian, custodian or other person responsible for the child&#8217;s care, presents an imminent danger to the child&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if evidence of abuse is perishable or subject to deterioration before a hearing can be held;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":224553,"text":"A court order is not immediately obtainable;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":224554,"text":"The court has set up procedures for placing such children;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":224555,"text":"Following taking the child into custody, the parents or guardians are notified as soon as practicable. Every effort shall be made to provide such notice in person;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":224556,"text":"A report is made to the local department; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":224557,"text":"The court is notified and the person or agency taking custody of such child obtains, as soon as possible, but in no event later than 72 hours, an emergency removal order pursuant to &#xA7; 16.1-251; however, if a preliminary removal order is issued after a hearing held in accordance with &#xA7; 16.1-252 within 72 hours of the removal of the child, an emergency removal order shall not be necessary. Any person or agency petitioning for an emergency removal order after four hours have elapsed following taking custody of the child shall state the reasons therefor pursuant to &#xA7; 16.1-251.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":224558,"text":"If the 72-hour period for holding a child in custody and for obtaining a preliminary or emergency removal order expires on a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":224559,"text":"A child-protective services worker of a local department responding to a complaint or report of abuse and neglect for purposes of sex trafficking or severe forms of trafficking may take a child into custody and the local department may maintain custody of the child for up to 72 hours without prior approval of a parent or guardian, provided that the alleged victim child or children have been identified as a victim or victims of sex trafficking or a victim or victims of severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. &#xA7; 7101 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22). After taking the child into custody, the local department shall notify the parent or guardian of such child as soon as practicable. Every effort shall be made to provide such notice in person. The local department shall also notify the Child-Protective Services Unit within the Department whenever a child is taken into custody.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":224560,"text":"When a child is taken into custody by a child-protective services worker of a local department pursuant to subsection C, that child shall be returned as soon as practicable to the custody of his parent or guardian. However, the local department shall not be required to return the child to his parent or guardian if the circumstances are such that continuing in his place of residence or in the care or custody of such parent or guardian, or custodian or other person responsible for the child&#8217;s care, presents an imminent danger to the child&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if the evidence of abuse is perishable or subject to deterioration before a hearing can be held. If the local department cannot return the child to the custody of his parents or guardians within 72 hours, the local department shall obtain an emergency removal order pursuant to &#xA7; 16.1-251.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15044,"edition_id":1,"name":"Procedures","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13898,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":271785,"object_type":"structure","relational_id":15044,"identifier":"4","token":"63.2\/III\/15\/4","url":"\/63.2\/III\/15\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13898,"edition_id":1,"name":"Child Abuse and Neglect","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271709,"object_type":"structure","relational_id":13898,"identifier":"15","token":"63.2\/III\/15","url":"\/63.2\/III\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57461,"structure_id":15044,"section_number":"63.2-1516","catch_line":"Tape recording child abuse investigations","url":"\/63.2-1516\/","token":"63.2\/III\/15\/4\/63.2-1516","metadata":false},{"id":81554,"structure_id":15044,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","url":"\/63.2-1516.01\/","token":"63.2\/III\/15\/4\/63.2-1516.01","metadata":false},{"id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","metadata":false},{"id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","metadata":false},{"id":83353,"structure_id":15044,"section_number":"63.2-1518","catch_line":"Authority to talk to child or sibling","url":"\/63.2-1518\/","token":"63.2\/III\/15\/4\/63.2-1518","metadata":false},{"id":62663,"structure_id":15044,"section_number":"63.2-1519","catch_line":"Physician-patient and spousal privileges inapplicable","url":"\/63.2-1519\/","token":"63.2\/III\/15\/4\/63.2-1519","metadata":false},{"id":78492,"structure_id":15044,"section_number":"63.2-1520","catch_line":"Photographs and X-rays of child; use as evidence","url":"\/63.2-1520\/","token":"63.2\/III\/15\/4\/63.2-1520","metadata":false},{"id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","metadata":false},{"id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","metadata":false},{"id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","metadata":false},{"id":73120,"structure_id":15044,"section_number":"63.2-1524","catch_line":"Court may order certain examinations","url":"\/63.2-1524\/","token":"63.2\/III\/15\/4\/63.2-1524","metadata":false},{"id":83345,"structure_id":15044,"section_number":"63.2-1525","catch_line":"Prima facie evidence for removal of child custody","url":"\/63.2-1525\/","token":"63.2\/III\/15\/4\/63.2-1525","metadata":false},{"id":79084,"structure_id":15044,"section_number":"63.2-1526","catch_line":"Appeals of certain actions of local departments","url":"\/63.2-1526\/","token":"63.2\/III\/15\/4\/63.2-1526","metadata":false}],"previous_section":{"id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","metadata":false},"next_section":{"id":83353,"structure_id":15044,"section_number":"63.2-1518","catch_line":"Authority to talk to child or sibling","url":"\/63.2-1518\/","token":"63.2\/III\/15\/4\/63.2-1518","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1517\/","history_text":"<p>This law was first created in 1975. The record of its establishment is cataloged in chapter 341 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1977, chapter 559; in 1992, chapter 688; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0643\">643<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0760\">760<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0837\">837<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0747\">747<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0508\">508<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0381\">381<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0687\">687<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":54830,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","order_by":null,"url":"\/54.1-2969\/"},{"id":58834,"section_number":"63.2-1512","catch_line":"Immunity of person making report, etc., from liability","order_by":null,"url":"\/63.2-1512\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"},{"id":83951,"section_number":"63.2-908","catch_line":"Permanent foster care placement","order_by":null,"url":"\/63.2-908\/"}],"refers_to":[{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"}],"permalink":{"id":271799,"object_type":"law","relational_id":61486,"identifier":"63.2-1517","token":"63.2\/III\/15\/4\/63.2-1517","url":"\/63.2-1517\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","dublin_core":{"Title":"Authority to take child into custody","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1517","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A physician or <span class=\"dictionary\"><span class=\"dictionary\">child<\/span>-protective services<\/span> worker of a <span class=\"dictionary\">local department<\/span> or <span class=\"dictionary\">law<\/span>-enforcement official investigating a report or complaint of abuse and neglect may take a <span class=\"dictionary\">child<\/span> into <span class=\"dictionary\">custody<\/span> for up to 72 hours without prior approval of parents or guardians provided: <a id=\"paragraph-224551\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The circumstances of the <span class=\"dictionary\">child<\/span> are such that continuing in his place of residence or in the care or <span class=\"dictionary\">custody<\/span> of the parent, guardian, custodian or other person responsible for the <span class=\"dictionary\">child<\/span>&#8217;s care, presents an imminent danger to the <span class=\"dictionary\">child<\/span>&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if <span class=\"dictionary\">evidence<\/span> of abuse is perishable or subject to deterioration before a <span class=\"dictionary\">hearing<\/span> can be held; <a id=\"paragraph-224552\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A <span class=\"dictionary\">court order<\/span> is not immediately obtainable; <a id=\"paragraph-224553\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The court has set up procedures for placing such children; <a id=\"paragraph-224554\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Following taking the <span class=\"dictionary\">child<\/span> into <span class=\"dictionary\">custody<\/span>, the parents or guardians are notified as soon as practicable. Every effort shall be made to provide such notice in person; <a id=\"paragraph-224555\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> A report is made to the <span class=\"dictionary\">local department<\/span>; and <a id=\"paragraph-224556\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The court is notified and the person or agency taking <span class=\"dictionary\">custody<\/span> of such <span class=\"dictionary\">child<\/span> obtains, as soon as possible, but in no event later than 72 hours, an emergency removal order pursuant to &#xA7; <a class=\"law\" title=\"Emergency removal order\" href=\"\/16.1-251\/\">16.1-251<\/a>; however, if a preliminary removal order is issued after a <span class=\"dictionary\">hearing<\/span> held in accordance with &#xA7; <a class=\"law\" title=\"Preliminary removal order; hearing\" href=\"\/16.1-252\/\">16.1-252<\/a> within 72 hours of the removal of the <span class=\"dictionary\">child<\/span>, an emergency removal order shall not be necessary. Any person or agency petitioning for an emergency removal order after four hours have elapsed following taking <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">child<\/span> shall state the reasons therefor pursuant to &#xA7; <a class=\"law\" title=\"Emergency removal order\" href=\"\/16.1-251\/\">16.1-251<\/a>. <a id=\"paragraph-224557\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the 72-hour period for holding a <span class=\"dictionary\">child<\/span> in <span class=\"dictionary\">custody<\/span> and for obtaining a preliminary or emergency removal order expires on a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed, the 72 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday or day on which the court is lawfully closed. <a id=\"paragraph-224558\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\"><span class=\"dictionary\">child<\/span>-protective services<\/span> worker of a <span class=\"dictionary\">local department<\/span> responding to a complaint or report of abuse and neglect for purposes of sex trafficking or severe forms of trafficking may take a <span class=\"dictionary\">child<\/span> into <span class=\"dictionary\">custody<\/span> and the <span class=\"dictionary\">local department<\/span> may maintain <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">child<\/span> for up to 72 hours without prior approval of a parent or guardian, provided that the alleged victim <span class=\"dictionary\">child<\/span> or children have been identified as a victim or victims of sex trafficking or a victim or victims of severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. &#xA7; 7101 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22). After taking the <span class=\"dictionary\">child<\/span> into <span class=\"dictionary\">custody<\/span>, the <span class=\"dictionary\">local department<\/span> shall notify the parent or guardian of such <span class=\"dictionary\">child<\/span> as soon as practicable. Every effort shall be made to provide such notice in person. The <span class=\"dictionary\">local department<\/span> shall also notify the <span class=\"dictionary\"><span class=\"dictionary\">Child<\/span>-Protective Services<\/span> Unit within the Department whenever a <span class=\"dictionary\">child<\/span> is taken into <span class=\"dictionary\">custody<\/span>. <a id=\"paragraph-224559\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> When a <span class=\"dictionary\">child<\/span> is taken into <span class=\"dictionary\">custody<\/span> by a <span class=\"dictionary\"><span class=\"dictionary\">child<\/span>-protective services<\/span> worker of a <span class=\"dictionary\">local department<\/span> pursuant to subsection C, that <span class=\"dictionary\">child<\/span> shall be returned as soon as practicable to the <span class=\"dictionary\">custody<\/span> of his parent or guardian. However, the <span class=\"dictionary\">local department<\/span> shall not be required to return the <span class=\"dictionary\">child<\/span> to his parent or guardian if the circumstances are such that continuing in his place of residence or in the care or <span class=\"dictionary\">custody<\/span> of such parent or guardian, or custodian or other person responsible for the <span class=\"dictionary\">child<\/span>&#8217;s care, presents an imminent danger to the <span class=\"dictionary\">child<\/span>&#8217;s life or health to the extent that severe or irremediable injury would be likely to result or if the <span class=\"dictionary\">evidence<\/span> of abuse is perishable or subject to deterioration before a <span class=\"dictionary\">hearing<\/span> can be held. If the <span class=\"dictionary\">local department<\/span> cannot return the <span class=\"dictionary\">child<\/span> to the <span class=\"dictionary\">custody<\/span> of his parents or guardians within 72 hours, the <span class=\"dictionary\">local department<\/span> shall obtain an emergency removal order pursuant to &#xA7; <a class=\"law\" title=\"Emergency removal order\" href=\"\/16.1-251\/\">16.1-251<\/a>. <a id=\"paragraph-224560\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/63.2-1517\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY TO TAKE CHILD INTO CUSTODY (\u00a7 63.2-1517)\n\nA. A physician or child-protective services worker of a local department or\nlaw-enforcement official investigating a report or complaint of abuse and\nneglect may take a child into custody for up to 72 hours without prior approval\nof parents or guardians provided:\n\n   1. The circumstances of the child are such that continuing in his place of\n   residence or in the care or custody of the parent, guardian, custodian or\n   other person responsible for the child&#8217;s care, presents an imminent\n   danger to the child&#8217;s life or health to the extent that severe or\n   irremediable injury would be likely to result or if evidence of abuse is\n   perishable or subject to deterioration before a hearing can be held;\n\n   2. A court order is not immediately obtainable;\n\n   3. The court has set up procedures for placing such children;\n\n   4. Following taking the child into custody, the parents or guardians are\n   notified as soon as practicable. Every effort shall be made to provide such\n   notice in person;\n\n   5. A report is made to the local department; and\n\n   6. The court is notified and the person or agency taking custody of such child\n   obtains, as soon as possible, but in no event later than 72 hours, an\n   emergency removal order pursuant to &#xA7; 16.1-251; however, if a preliminary\n   removal order is issued after a hearing held in accordance with &#xA7;\n   16.1-252 within 72 hours of the removal of the child, an emergency removal\n   order shall not be necessary. Any person or agency petitioning for an\n   emergency removal order after four hours have elapsed following taking custody\n   of the child shall state the reasons therefor pursuant to &#xA7; 16.1-251.\n\nB. If the 72-hour period for holding a child in custody and for obtaining a\npreliminary or emergency removal order expires on a Saturday, Sunday, or legal\nholiday or day on which the court is lawfully closed, the 72 hours shall be\nextended to the next day that is not a Saturday, Sunday, or legal holiday or day\non which the court is lawfully closed.\n\nC. A child-protective services worker of a local department responding to a\ncomplaint or report of abuse and neglect for purposes of sex trafficking or\nsevere forms of trafficking may take a child into custody and the local\ndepartment may maintain custody of the child for up to 72 hours without prior\napproval of a parent or guardian, provided that the alleged victim child or\nchildren have been identified as a victim or victims of sex trafficking or a\nvictim or victims of severe forms of trafficking as defined in the federal\nTrafficking Victims Protection Act of 2000 (22 U.S.C. &#xA7; 7101 et seq.) and\nin the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22).\nAfter taking the child into custody, the local department shall notify the\nparent or guardian of such child as soon as practicable. Every effort shall be\nmade to provide such notice in person. The local department shall also notify\nthe Child-Protective Services Unit within the Department whenever a child is\ntaken into custody.\n\nD. When a child is taken into custody by a child-protective services worker of a\nlocal department pursuant to subsection C, that child shall be returned as soon\nas practicable to the custody of his parent or guardian. However, the local\ndepartment shall not be required to return the child to his parent or guardian\nif the circumstances are such that continuing in his place of residence or in\nthe care or custody of such parent or guardian, or custodian or other person\nresponsible for the child&#8217;s care, presents an imminent danger to the\nchild&#8217;s life or health to the extent that severe or irremediable injury\nwould be likely to result or if the evidence of abuse is perishable or subject\nto deterioration before a hearing can be held. If the local department cannot\nreturn the child to the custody of his parents or guardians within 72 hours, the\nlocal department shall obtain an emergency removal order pursuant to &#xA7;\n16.1-251.\n\nHISTORY: 1975, c. 341, \u00a7 63.1-248.9; 1977, c. 559; 1992, c. 688; 1994, c. 643;\n1998, c. 760; 2001, c. 837; 2002, c. 747; 2003, c. 508; 2019, cc. 381, 687.","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}}