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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55186</law_id><section_number>16.1-251</section_number><catch_line>Emergency removal order</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-228</reference><reference>16.1-241.3</reference><reference>63.2-1517</reference><reference>63.2-1521</reference><reference>63.2-1522</reference><reference>63.2-1523</reference><reference>63.2-1535</reference><reference>63.2-906</reference><reference>63.2-908</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="4">Immediate Custody, Arrest, Detention and Shelter Care</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> A child may be taken into immediate <span class="dictionary">custody</span> and placed in <span class="dictionary">shelter care</span> pursuant to an emergency removal <span class="dictionary">order</span> in cases in which the child is alleged to have been abused or neglected. Such <span class="dictionary">order</span> may be issued <span class="dictionary">ex parte</span> by <span class="dictionary">the court</span> upon a <span class="dictionary">petition</span> supported by an <span class="dictionary">affidavit</span> or by sworn <span class="dictionary">testimony</span> in person before <span class="dictionary">the judge</span> or <span class="dictionary">intake officer</span> which establishes that: <a id="paragraph-202303" class="section-permalink" href="https://vacode.org/16.1-251/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A1" class="indent-1"><p><span class="prefix-number">1.</span> The child would be subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result if the child were returned to or left in the <span class="dictionary">custody</span> of his parents, guardian, legal custodian or other person standing in loco parentis pending a final <span class="dictionary">hearing</span> on the <span class="dictionary">petition</span>. <a id="paragraph-202304" class="section-permalink" href="https://vacode.org/16.1-251/#A1"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">2.</span> Reasonable efforts have been made to prevent removal of the child from his home and there are no alternatives less drastic than removal of the child from his home which could reasonably protect the child&#x2019;s life or health pending a final <span class="dictionary">hearing</span> on the <span class="dictionary">petition</span>. The alternatives less drastic than removal may include but not be limited to the provision of medical, educational, psychiatric, psychological, homemaking or other similar services to the child or family or the issuance of a preliminary protective <span class="dictionary">order</span> pursuant to &#xA7; <a class="law" title="Preliminary protective order" href="/16.1-253/">16.1-253</a>.
				If the petitioner fails to obtain an emergency removal <span class="dictionary">order</span> within four hours of taking <span class="dictionary">custody</span> of the child, the <span class="dictionary">affidavit</span> or sworn <span class="dictionary">testimony</span> before <span class="dictionary">the judge</span> or <span class="dictionary">intake officer</span> shall state the reasons therefor.
				When a child is removed from his home and there is no reasonable opportunity to provide preventive services, reasonable efforts to prevent removal shall be deemed to have been made.
				The petitioner shall not be required by <span class="dictionary">the court</span> to make reasonable efforts to prevent removal of the child from his home if <span class="dictionary">the court</span> finds that (i) the residual parental rights of the parent regarding a sibling of the child have previously been involuntarily terminated; (ii) the parent has been convicted of an <span class="dictionary">offense</span> under <span class="dictionary">the laws</span> of the Commonwealth or a substantially similar <span class="dictionary">law</span> of any other state, the United States, or any foreign <span class="dictionary">jurisdiction</span> that constitutes <span class="dictionary">murder</span> or voluntary <span class="dictionary">manslaughter</span>, or a <span class="dictionary">felony</span> attempt, conspiracy, or solicitation to commit any such <span class="dictionary">offense</span>, if the victim of the <span class="dictionary">offense</span> was a child of the parent, a child with whom the parent resided at the time such <span class="dictionary">offense</span> occurred, or the other parent of the child; (iii) the parent has been convicted of an <span class="dictionary">offense</span> under <span class="dictionary">the laws</span> of the Commonwealth or a substantially similar <span class="dictionary">law</span> of any other state, the United States, or any foreign <span class="dictionary">jurisdiction</span> that constitutes <span class="dictionary">felony</span> <span class="dictionary">assault</span> resulting in <span class="dictionary">serious bodily injury</span> or <span class="dictionary">felony</span> bodily wounding resulting in <span class="dictionary">serious bodily injury</span> or <span class="dictionary">felony</span> sexual <span class="dictionary">assault</span>, if the victim of the <span class="dictionary">offense</span> was a child of the parent or a child with whom the parent resided at the time of such <span class="dictionary">offense</span>; or (iv) on the basis of clear and convincing <span class="dictionary">evidence</span>, the parent has subjected any child to <span class="dictionary">aggravated circumstances</span> or abandoned a child under circumstances that would justify the termination of residual parental rights pursuant to subsection D of &#xA7; <a class="law" title="Termination of residual parental rights" href="/16.1-283/">16.1-283</a>.
				As used in this section:
				&#x201C;<span class="dictionary">Aggravated circumstances</span>&#x201D; means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in <span class="dictionary">serious bodily injury</span> to such a child.
				&#x201C;<span class="dictionary">Chronic abuse</span>&#x201D; or &#x201C;<span class="dictionary">chronic sexual abuse</span>&#x201D; means recurring acts of physical abuse that place the child&#x2019;s health, safety and well-being at risk.
				&#x201C;<span class="dictionary">Serious bodily injury</span>&#x201D; means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
				&#x201C;Severe abuse&#x201D; or &#x201C;severe sexual abuse&#x201D; may include an act or omission that occurred only once but otherwise meets the definition of &#x201C;<span class="dictionary">aggravated circumstances</span>.&#x201D; <a id="paragraph-202305" class="section-permalink" href="https://vacode.org/16.1-251/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Whenever a child is taken into immediate <span class="dictionary">custody</span> pursuant to an emergency removal <span class="dictionary">order</span>, a <span class="dictionary">hearing</span> shall be held in accordance with &#xA7; <a class="law" title="Preliminary removal order; hearing" href="/16.1-252/">16.1-252</a> as soon as practicable, but in no event later than five business days after the removal of the child. <a id="paragraph-202306" class="section-permalink" href="https://vacode.org/16.1-251/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> In the emergency removal <span class="dictionary">order</span> <span class="dictionary">the court</span> shall give consideration to temporary placement of the child with a person with a legitimate interest under the supervision of the local <span class="dictionary">department</span> of social services, until such time as the <span class="dictionary">hearing</span> in accordance with &#xA7; <a class="law" title="Preliminary removal order; hearing" href="/16.1-252/">16.1-252</a> is held. <a id="paragraph-202307" class="section-permalink" href="https://vacode.org/16.1-251/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The local <span class="dictionary">department</span> of social services having &#x201C;<span class="dictionary">legal custody</span>&#x201D; of a child as defined in &#xA7; <a class="law" title="Definitions" href="/16.1-228/">16.1-228</a> (i) shall not be required to comply with the requirements of this section in <span class="dictionary">order</span> to redetermine where and with whom the child shall live, notwithstanding that the child had been placed with a natural parent. <a id="paragraph-202308" class="section-permalink" href="https://vacode.org/16.1-251/#D"><i class="fa fa-link"/></a></p></section></text><history>1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769; 2000, c. 385; 2003, c. 508; 2017, c. 190; 2019, c. 434.</history><metadata></metadata></law>
