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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80739</law_id><section_number>16.1-336</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-338</reference><reference>16.1-339</reference><reference>38.2-3412.1</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="16">Psychiatric Treatment of Minors Act</unit></structure><text>
						<section><p>When used in this article, unless the context otherwise requires:
		&#x201C;<span class="dictionary">Community services board</span>&#x201D; has the same meaning as provided in &#xA7;&#xA0;<a class="law" title="Definitions" href="/37.2-100/">37.2-100</a>. Whenever the term <span class="dictionary">community services board</span> appears, it shall include behavioral health authority, as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/37.2-100/">37.2-100</a>.
		&#x201C;<span class="dictionary">Consent</span>&#x201D; means the voluntary, express, and informed agreement to treatment in a <span class="dictionary">mental health facility</span> by a <span class="dictionary">minor</span> 14 years of age or older and by a <span class="dictionary">parent</span> or a legally authorized custodian.
		&#x201C;<span class="dictionary">Designee of the local <span class="dictionary">community services board</span></span>&#x201D; means an examiner designated by the local <span class="dictionary">community services board</span> who (i) is skilled in the assessment and treatment of <span class="dictionary">mental illness</span>, (ii) has completed a certification program approved by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the <span class="dictionary">minor</span>, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the <span class="dictionary">minor</span> being evaluated, (v) has no financial interest in the admission or treatment of the <span class="dictionary">minor</span> being evaluated, (vi) has no <span class="dictionary">investment interest</span> in the facility detaining or admitting the <span class="dictionary">minor</span> under this article, and (vii) except for <span class="dictionary">employees</span> of state hospitals and of the U.S. <span class="dictionary">Department</span> of Veterans Affairs, is not employed by the facility.
		&#x201C;<span class="dictionary">Employee</span>&#x201D; means an <span class="dictionary">employee</span> of the local <span class="dictionary">community services board</span> who is skilled in the assessment and treatment of <span class="dictionary">mental illness</span> and has completed a certification program approved by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services.
		&#x201C;<span class="dictionary">Incapable of making an informed decision</span>&#x201D; means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed <span class="dictionary">consent</span>.
		&#x201C;<span class="dictionary">Inpatient treatment</span>&#x201D; means placement for observation, diagnosis, or treatment of <span class="dictionary">mental illness</span> in a psychiatric hospital or in any other type of <span class="dictionary">mental health facility</span> determined by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness.
		&#x201C;<span class="dictionary">Investment interest</span>&#x201D; means the ownership or holding of an <span class="dictionary">equity</span> or debt security, including shares of stock in a corporation, interests or units of a partnership, <span class="dictionary">bonds</span>, debentures, notes, or other <span class="dictionary">equity</span> or debt instruments.
		&#x201C;<span class="dictionary">Judge</span>&#x201D; means a juvenile and domestic relations district <span class="dictionary">judge</span>. In addition, &#x201C;<span class="dictionary">judge</span>&#x201D; includes a retired <span class="dictionary">judge</span> sitting by designation pursuant to &#xA7;&#xA0;<a class="law" title="Administrative duties of chief district judge" href="/16.1-69.35/">16.1-69.35</a>, substitute <span class="dictionary">judge</span>, or special justice authorized by &#xA7;&#xA0;<a class="law" title="Special justices to perform duties of judge" href="/37.2-803/">37.2-803</a> who has completed a training program regarding the provisions of this article, prescribed by the Executive Secretary of the Supreme <span class="dictionary">Court</span>.
		&#x201C;<span class="dictionary">Least restrictive alternative</span>&#x201D; means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the <span class="dictionary">minor</span> or others from physical injury.
		&#x201C;<span class="dictionary">Mental health facility</span>&#x201D; means a public or private facility for the treatment of <span class="dictionary">mental illness</span> operated or licensed by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services.
		&#x201C;<span class="dictionary">Mental illness</span>&#x201D; means a substantial disorder of the <span class="dictionary">minor</span>&#x2019;s cognitive, volitional, or emotional processes that demonstrably and significantly impairs <span class="dictionary">judgment</span> or capacity to recognize reality or to control behavior. &#x201C;<span class="dictionary">Mental illness</span>&#x201D; may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior. Intellectual disability, head injury, a learning disability, or a seizure disorder is not sufficient, in itself, to justify a <span class="dictionary">finding</span> of <span class="dictionary">mental illness</span> within the meaning of this article.
		&#x201C;<span class="dictionary">Minor</span>&#x201D; means a person less than 18 years of age.
		&#x201C;<span class="dictionary">Parent</span>&#x201D; means (i) a biological or adoptive <span class="dictionary">parent</span> who has <span class="dictionary">legal custody</span> of the <span class="dictionary">minor</span>, including either <span class="dictionary">parent</span> if custody is shared under a joint <span class="dictionary">decree</span> or agreement, (ii) a biological or adoptive <span class="dictionary">parent</span> with whom the <span class="dictionary">minor</span> regularly resides, (iii) a person judicially appointed as a legal guardian of the <span class="dictionary">minor</span>, or (iv) a person who exercises the rights and responsibilities of <span class="dictionary">legal custody</span> by delegation from a biological or adoptive <span class="dictionary">parent</span>, upon provisional adoption or otherwise by operation of <span class="dictionary">law</span>. The <span class="dictionary">director</span> of the local <span class="dictionary">department</span> of social services, or his designee, may stand as the <span class="dictionary">minor</span>&#x2019;s <span class="dictionary">parent</span> when the <span class="dictionary">minor</span> is in the <span class="dictionary">legal custody</span> of the local <span class="dictionary">department</span> of social services.
		&#x201C;<span class="dictionary">Qualified evaluator</span>&#x201D; means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the <span class="dictionary">Department</span> of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a <span class="dictionary">community services board</span>. All <span class="dictionary">qualified evaluators</span> shall (a) be skilled in the diagnosis and treatment of <span class="dictionary">mental illness</span> in <span class="dictionary">minors</span>, (b) be familiar with the provisions of this article, and (c) have completed a certification program approved by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services. The <span class="dictionary">qualified evaluator</span> shall (1) not be related by blood, marriage, or adoption to, or is not the legal guardian of, the <span class="dictionary">minor</span> being evaluated, (2) not be responsible for treating the <span class="dictionary">minor</span>, (3) have no financial interest in the admission or treatment of the <span class="dictionary">minor</span>, (4) have no <span class="dictionary">investment interest</span> in the facility detaining or admitting the <span class="dictionary">minor</span> under this article, and (5) except for <span class="dictionary">employees</span> of state hospitals, the U.S. <span class="dictionary">Department</span> of Veterans Affairs, and <span class="dictionary">community services boards</span>, not be employed by the facility.
		&#x201C;Treatment&#x201D; means any planned intervention intended to improve a <span class="dictionary">minor</span>&#x2019;s functioning in those areas which show impairment as a result of <span class="dictionary">mental illness</span>.</p></section></text><history>1990, c. 975; 1991, c. 159; 2007, cc. 500, 897; 2008, cc. 139, 774; 2009, cc. 455, 555, 813, 840; 2010, cc. 778, 825; 2012, cc. 476, 507; 2023, c. 183.</history><metadata></metadata></law>
