                                 CODE OF VIRGINIA

MEDICAL EVIDENCE ADMISSIBLE IN JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
(§ 16.1-245.1)

In any civil case heard in a juvenile and domestic relations district court
involving allegations of child abuse or neglect or family abuse, any party may
present evidence, by a report from the treating or examining health care
provider as defined in § 8.01-581.1 or the records of a hospital, medical
facility or laboratory at which the treatment, examination or laboratory
analysis was performed, or both, as to the extent, nature, and treatment of any
physical condition or injury suffered by a person and the examination of the
person or the result of the laboratory analysis.
		A medical report shall be admitted if the party intending to present such
evidence at trial or hearing gives the opposing party or parties a copy of the
evidence and written notice of intention to present it at least 10 days, or in
the case of a preliminary removal hearing under § 16.1-252 or in preliminary
protective order hearings under § 16.1-253 or 16.1-253.1 at least 24 hours,
prior to the trial or hearing and if attached to such evidence is a sworn
statement of the treating or examining health care provider or laboratory
analyst who made the report that (i) the information contained therein is true,
accurate, and fully describes the nature and extent of the physical condition or
injury and (ii) the patient named therein was the person treated or examined by
such health care provider; or, in the case of a laboratory analysis, that the
information contained therein is true and accurate.
		A hospital or other medical facility record shall be admitted if attached to
it is a sworn statement of the custodian thereof that the same is a true and
accurate copy of the record of such hospital or other medical facility. If
thereafter a party summons the health care provider or custodian making such
statement to testify in proper person or by deposition taken de bene esse, the
court shall determine which party shall pay the fees and costs for such
appearance or depositions, or may apportion the same among the parties in such
proportion as the ends of justice may require. If such health care provider or
custodian is not subject to subpoena for cross-examination in court or by a
deposition de bene esse, then the court shall allow a reasonable opportunity for
the party seeking the subpoena for such health care provider or custodian to
obtain his testimony as the ends of justice may require.

HISTORY: 1990, c. 560; 1996, c. 866; 2000, c. 163; 2019, c. 716.