                                 CODE OF VIRGINIA

JURISDICTION; CONSENT FOR ABORTION (§ 16.1-241)

The judges of the juvenile and domestic relations district court elected or
appointed under this law shall be conservators of the peace within the corporate
limits of the cities and the boundaries of the counties for which they are
respectively chosen and within one mile beyond the limits of such cities and
counties. Except as hereinafter provided, each juvenile and domestic relations
district court shall have, within the limits of the territory for which it is
created, exclusive original jurisdiction, and within one mile beyond the limits
of said city or county, concurrent jurisdiction with the juvenile court or
courts of the adjoining city or county, over all cases, matters and proceedings
involving:

A. The custody, visitation, support, control or disposition of a child:

   1. Who is alleged to be abused, neglected, in need of services, in need of
   supervision, a status offender, or delinquent except where the jurisdiction of
   the juvenile court has been terminated or divested;

   2. Who is abandoned by his parent or other custodian or who by reason of the
   absence or physical or mental incapacity of his parents is without parental
   care and guardianship;
   				2a. Who is at risk of being abused or neglected by a parent or custodian
   who has been adjudicated as having abused or neglected another child in the
   care of the parent or custodian;

   3. Whose custody, visitation or support is a subject of controversy or
   requires determination. In such cases jurisdiction shall be concurrent with
   and not exclusive of courts having equity jurisdiction, except as provided in
   &#xA7; 16.1-244;

   4. Who is the subject of an entrustment agreement entered into pursuant to
   &#xA7; 63.2-903 or 63.2-1817 or whose parent or parents for good cause desire
   to be relieved of his care and custody;

   5. Where the termination of residual parental rights and responsibilities is
   sought. In such cases jurisdiction shall be concurrent with and not exclusive
   of courts having equity jurisdiction, as provided in &#xA7; 16.1-244;

   6. Who is charged with a traffic infraction as defined in &#xA7; 46.2-100; or

   7. Who is alleged to have refused to take a blood test in violation of &#xA7;
   18.2-268.2.
   				In any case in which the juvenile is alleged to have committed a violent
   juvenile felony enumerated in subsection B of &#xA7; 16.1-269.1, and for any
   charges ancillary thereto, the jurisdiction of the juvenile court shall be
   limited to conducting a preliminary hearing to determine if there is probable
   cause to believe that the juvenile committed the act alleged and that the
   juvenile was 16 years of age or older at the time of the commission of the
   alleged offense, and any matters related thereto. In any case in which the
   juvenile is alleged to have committed a violent juvenile felony enumerated in
   subsection C of &#xA7; 16.1-269.1, and for all charges ancillary thereto, if
   the attorney for the Commonwealth has given notice as provided in subsection C
   of &#xA7; 16.1-269.1, the jurisdiction of the juvenile court shall be limited
   to conducting a preliminary hearing to determine if there is probable cause to
   believe that the juvenile committed the act alleged and that the juvenile was
   16 years of age or older at the time of the commission of the alleged offense,
   and any matters related thereto. A determination by the juvenile court
   following a preliminary hearing pursuant to subsection B or C of &#xA7;
   16.1-269.1 to certify a charge to the grand jury shall divest the juvenile
   court of jurisdiction over the charge and any ancillary charge. In any case in
   which a transfer hearing is held pursuant to subsection A of &#xA7;
   16.1-269.1, if the juvenile court determines to transfer the case,
   jurisdiction of the juvenile court over the case shall be divested as provided
   in &#xA7; 16.1-269.6.
   				In all other cases involving delinquent acts, and in cases in which an
   ancillary charge remains after a violent juvenile felony charge has been
   dismissed or a violent juvenile felony has been reduced to a lesser offense
   not constituting a violent juvenile felony, the jurisdiction of the juvenile
   court shall not be divested unless there is a transfer pursuant to subsection
   A of &#xA7; 16.1-269.1.
   				The authority of the juvenile court to adjudicate matters involving the
   custody, visitation, support, control or disposition of a child shall not be
   limited to the consideration of petitions filed by a mother, father or legal
   guardian but shall include petitions filed at any time by any party with a
   legitimate interest therein. A party with a legitimate interest shall be
   broadly construed and shall include, but not be limited to, grandparents,
   step-grandparents, stepparents, former stepparents, blood relatives and family
   members. A party with a legitimate interest shall not include any person (i)
   whose parental rights have been terminated by court order, either voluntarily
   or involuntarily, except for purposes of this title, as otherwise provided by
   this paragraph; (ii) whose interest in the child derives from or through a
   person whose parental rights have been terminated by court order, either
   voluntarily or involuntarily, or whose interest in the child derives from or
   through a person pursuant to clause (iii), including, but not limited to,
   grandparents, stepparents, former stepparents, blood relatives and family
   members, if the child subsequently has been legally adopted, except where a
   final order of adoption is entered pursuant to &#xA7; 63.2-1241; or (iii) who
   has been convicted of a violation of subsection A of &#xA7; 18.2-61, &#xA7;
   18.2-63, subsection B of &#xA7; 18.2-366, or an equivalent offense of another
   state, the United States, or any foreign jurisdiction, or who has been found
   by clear and convincing evidence to have engaged in the conduct prohibited by
   subsection A of &#xA7; 18.2-61, &#xA7; 18.2-63, or subsection B of &#xA7;
   18.2-366, whether or not the person has been charged with or convicted of the
   alleged violation, when the child who is the subject of the petition was
   conceived as a result of such violation or conduct. The authority of the
   juvenile court to consider a petition involving the custody of a child shall
   not be proscribed or limited where the child has previously been awarded to
   the custody of a local board of social services. For purposes of this title, a
   party with a legitimate interest shall also include a parent whose rights
   previously had been terminated, provided that the child whose custody or
   visitation is at issue (a) is at least 14 years of age; (b) has had a
   permanency goal previously achieved by adoption; (c) has had his adoptive
   parents die or, pursuant to &#xA7; 16.1-277.02, each of such child&#8217;s
   adoptive parents has permanently been relieved of custody of such child and
   each adoptive parent has had his parental rights terminated; and (d) is in the
   custody of a local board of social services, and provided that the parent
   whose rights had previously been terminated has (1) complied with the terms of
   any written post-adoption contact and communication agreement entered into
   pursuant to Article 1.1 (&#xA7; 63.2-1220.2 et seq.) of Chapter 12 of Title
   63.2 and (2) maintained a positive, continuous relationship with the child
   since termination.

A1. Making specific findings of fact required by state or federal law to enable
a child to apply for or receive a state or federal benefit. For the purposes of
this subsection only, when the court has obtained jurisdiction over the case of
any child, the court may continue to exercise its jurisdiction until such person
reaches 21 years of age, for the purpose of entering findings of fact or
amending past orders, to include findings of fact necessary for the person to
petition the federal government for status as a special immigrant juvenile, as
defined by 8 U.S.C. &#xA7; 1101(a)(27)(J).

B. The admission of minors for inpatient treatment in a mental health facility
in accordance with the provisions of Article 16 (&#xA7; 16.1-335 et seq.) and
the involuntary admission of a person with mental illness or judicial
certification of eligibility for admission to a training center for persons with
intellectual disability in accordance with the provisions of Chapter 8 (&#xA7;
37.2-800 et seq.) of Title 37.2. Jurisdiction of the involuntary admission and
certification of adults shall be concurrent with the general district court.

C. Except as provided in subsections D and H, judicial consent to such
activities as may require parental consent may be given for a child who has been
separated from his parents, guardian, legal custodian or other person standing
in loco parentis and is in the custody of the court when such consent is
required by law.

D. Judicial consent for emergency surgical or medical treatment for a child who
is neither married nor has ever been married, when the consent of his parent,
guardian, legal custodian or other person standing in loco parentis is
unobtainable because such parent, guardian, legal custodian or other person
standing in loco parentis (i) is not a resident of the Commonwealth, (ii) has
his whereabouts unknown, (iii) cannot be consulted with promptness, reasonable
under the circumstances, or (iv) fails to give such consent or provide such
treatment when requested by the judge to do so.

E. Any person charged with deserting, abandoning or failing to provide support
for any person in violation of law.

F. Any parent, guardian, legal custodian or other person standing in loco
parentis of a child:

   1. Who has been abused or neglected;

   2. Who is the subject of an entrustment agreement entered into pursuant to
   &#xA7; 63.2-903 or 63.2-1817 or is otherwise before the court pursuant to
   subdivision A 4; or

   3. Who has been adjudicated in need of services, in need of supervision, or
   delinquent, if the court finds that such person has by overt act or omission
   induced, caused, encouraged or contributed to the conduct of the child
   complained of in the petition.

G. Petitions filed by or on behalf of a child or such child&#8217;s parent,
guardian, legal custodian or other person standing in loco parentis for the
purpose of obtaining treatment, rehabilitation or other services that are
required by law to be provided for that child or such child&#8217;s parent,
guardian, legal custodian or other person standing in loco parentis.
Jurisdiction in such cases shall be concurrent with and not exclusive of that of
courts having equity jurisdiction as provided in &#xA7; 16.1-244.

H. Judicial consent to apply for a work permit for a child when such child is
separated from his parents, legal guardian or other person standing in loco
parentis.

I. The prosecution and punishment of persons charged with ill-treatment, abuse,
abandonment or neglect of children or with any violation of law that causes or
tends to cause a child to come within the purview of this law, or with any other
offense against the person of a child. In prosecution for felonies over which
the court has jurisdiction, jurisdiction shall be limited to determining whether
or not there is probable cause.

J. All offenses in which one family or household member is charged with an
offense in which another family or household member is the victim and all
offenses under &#xA7; 18.2-49.1.
			In prosecution for felonies over which the court has jurisdiction,
jurisdiction shall be limited to determining whether or not there is probable
cause. Any objection based on jurisdiction under this subsection shall be made
before a jury is impaneled and sworn in a jury trial or, in a nonjury trial,
before the earlier of when the court begins to hear or receive evidence or the
first witness is sworn, or it shall be conclusively waived for all purposes. Any
such objection shall not affect or be grounds for challenging directly or
collaterally the jurisdiction of the court in which the case is tried.

K. Petitions filed by a natural parent, whose parental rights to a child have
been voluntarily relinquished pursuant to a court proceeding, to seek a reversal
of the court order terminating such parental rights. No such petition shall be
accepted, however, after the child has been placed in the home of adoptive
parents.

L. Any person who seeks spousal support after having separated from his spouse.
A decision under this subdivision shall not be res judicata in any subsequent
action for spousal support in a circuit court. A circuit court shall have
concurrent original jurisdiction in all causes of action under this subdivision.

M. Petitions filed for the purpose of obtaining an order of protection pursuant
to &#xA7; 16.1-253.1, 16.1-253.4, or 16.1-279.1, and all petitions filed for the
purpose of obtaining an order of protection pursuant to &#xA7; 19.2-152.8,
19.2-152.9, or 19.2-152.10 if either the alleged victim or the respondent is a
juvenile.

N. Any person who escapes or remains away without proper authority from a
residential care facility in which he had been placed by the court or as a
result of his commitment to the Virginia Department of Juvenile Justice.

O. Petitions for emancipation of a minor pursuant to Article 15 (&#xA7; 16.1-331
et seq.).

P. Petitions for enforcement of administrative support orders entered pursuant
to Chapter 19 (&#xA7; 63.2-1900 et seq.) of Title 63.2, or by another state in
the same manner as if the orders were entered by a juvenile and domestic
relations district court upon the filing of a certified copy of such order in
the juvenile and domestic relations district court.

Q. Petitions for a determination of parentage pursuant to Chapter 3.1 (&#xA7;
20-49.1 et seq.) of Title 20. A circuit court shall have concurrent original
jurisdiction to the extent provided for in &#xA7; 20-49.2.

R. [Repealed.]

S. Petitions filed by school boards against parents pursuant to &#xA7;&#xA7;
16.1-241.2 and 22.1-279.3.

T. Petitions to enforce any request for information or subpoena that is not
complied with or to review any refusal to issue a subpoena in an administrative
appeal regarding child abuse and neglect pursuant to &#xA7; 63.2-1526.

U. Petitions filed in connection with parental placement adoption consent
hearings pursuant to &#xA7; 63.2-1233. Such proceedings shall be advanced on the
docket so as to be heard by the court within 10 days of filing of the petition,
or as soon thereafter as practicable so as to provide the earliest possible
disposition.

V. Petitions filed for the purpose of obtaining the court&#8217;s assistance
with the execution of consent to an adoption when the consent to an adoption is
executed pursuant to the laws of another state and the laws of that state
provide for the execution of consent to an adoption in the court of the
Commonwealth.

W. Petitions filed by a juvenile seeking judicial authorization for a physician
to perform an abortion if a minor elects not to seek consent of an authorized
person.
			After a hearing, a judge shall issue an order authorizing a physician to
perform an abortion, without the consent of any authorized person, if he finds
that (i) the minor is mature enough and well enough informed to make her
abortion decision, in consultation with her physician, independent of the wishes
of any authorized person, or (ii) the minor is not mature enough or well enough
informed to make such decision, but the desired abortion would be in her best
interest.
			If the judge authorizes an abortion based on the best interests of the minor,
such order shall expressly state that such authorization is subject to the
physician or his agent giving notice of intent to perform the abortion; however,
no such notice shall be required if the judge finds that such notice would not
be in the best interest of the minor. In determining whether notice is in the
best interest of the minor, the judge shall consider the totality of the
circumstances; however, he shall find that notice is not in the best interest of
the minor if he finds that (a) one or more authorized persons with whom the
minor regularly and customarily resides is abusive or neglectful and (b) every
other authorized person, if any, is either abusive or neglectful or has refused
to accept responsibility as parent, legal guardian, custodian or person standing
in loco parentis.
			The minor may participate in the court proceedings on her own behalf, and the
court may appoint a guardian ad litem for the minor. The court shall advise the
minor that she has a right to counsel and shall, upon her request, appoint
counsel for her.
			Notwithstanding any other provision of law, the provisions of this subsection
shall govern proceedings relating to consent for a minor&#8217;s abortion. Court
proceedings under this subsection and records of such proceedings shall be
confidential. Such proceedings shall be given precedence over other pending
matters so that the court may reach a decision promptly and without delay in
order to serve the best interests of the minor. Court proceedings under this
subsection shall be heard and decided as soon as practicable but in no event
later than four days after the petition is filed.
			An expedited confidential appeal to the circuit court shall be available to
any minor for whom the court denies an order authorizing an abortion without
consent or without notice. Any such appeal shall be heard and decided no later
than five days after the appeal is filed. The time periods required by this
subsection shall be subject to subsection B of &#xA7; 1-210. An order
authorizing an abortion without consent or without notice shall not be subject
to appeal.
			No filing fees shall be required of the minor at trial or upon appeal.
			If either the original court or the circuit court fails to act within the
time periods required by this subsection, the court before which the proceeding
is pending shall immediately authorize a physician to perform the abortion
without consent of or notice to an authorized person.
			Nothing contained in this subsection shall be construed to authorize a
physician to perform an abortion on a minor in circumstances or in a manner that
would be unlawful if performed on an adult woman.
			A physician shall not knowingly perform an abortion upon an unemancipated
minor unless consent has been obtained or the minor delivers to the physician a
court order entered pursuant to this section and the physician or his agent
provides such notice as such order may require. However, neither consent nor
judicial authorization nor notice shall be required if the minor declares that
she is abused or neglected and the attending physician has reason to suspect
that the minor may be an abused or neglected child as defined in &#xA7; 63.2-100
and reports the suspected abuse or neglect in accordance with &#xA7; 63.2-1509;
or if there is a medical emergency, in which case the attending physician shall
certify the facts justifying the exception in the minor&#8217;s medical record.
			For purposes of this subsection:
			&#8220;Authorization&#8221; means the minor has delivered to the physician a
notarized, written statement signed by an authorized person that the authorized
person knows of the minor&#8217;s intent to have an abortion and consents to
such abortion being performed on the minor.
			&#8220;Authorized person&#8221; means (i) a parent or duly appointed legal
guardian or custodian of the minor or (ii) a person standing in loco parentis,
including, but not limited to, a grandparent or adult sibling with whom the
minor regularly and customarily resides and who has care and control of the
minor. Any person who knows he is not an authorized person and who knowingly and
willfully signs an authorization statement consenting to an abortion for a minor
is guilty of a Class 3 misdemeanor.
			&#8220;Consent&#8221; means that (i) the physician has given notice of intent
to perform the abortion and has received authorization from an authorized
person, or (ii) at least one authorized person is present with the minor seeking
the abortion and provides written authorization to the physician, which shall be
witnessed by the physician or an agent thereof. In either case, the written
authorization shall be incorporated into the minor&#8217;s medical record and
maintained as a part thereof.
			&#8220;Medical emergency&#8221; means any condition which, on the basis of
the physician&#8217;s good faith clinical judgment, so complicates the medical
condition of the pregnant minor as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will create a serious risk of
substantial and irreversible impairment of a major bodily function.
			&#8220;Notice of intent to perform the abortion&#8221; means that (i) the
physician or his agent has given actual notice of his intention to perform such
abortion to an authorized person, either in person or by telephone, at least 24
hours previous to the performance of the abortion or (ii) the physician or his
agent, after a reasonable effort to notify an authorized person, has mailed
notice to an authorized person by certified mail, addressed to such person at
his usual place of abode, with return receipt requested, at least 72 hours prior
to the performance of the abortion.
			&#8220;Perform an abortion&#8221; means to interrupt or terminate a pregnancy
by any surgical or nonsurgical procedure or to induce a miscarriage as provided
in &#xA7; 18.2-72, 18.2-73, or 18.2-74.
			&#8220;Unemancipated minor&#8221; means a minor who has not been emancipated
by (i) entry into a valid marriage entered into prior to July 1, 2024, or
lawfully entered into in another state or country prior to being domiciled in
the Commonwealth, even though the marriage may have been terminated by
dissolution; (ii) active duty with any of the Armed Forces of the United States;
(iii) willingly living separate and apart from his or her parents or guardian,
with the consent or acquiescence of the parents or guardian; or (iv) entry of an
order of emancipation pursuant to Article 15 (&#xA7; 16.1-331 et seq.).

X. Petitions filed pursuant to Article 17 (&#xA7; 16.1-349 et seq.) relating to
standby guardians for minor children.

Y. Petitions involving minors filed pursuant to &#xA7; 32.1-45.1 relating to
obtaining a blood specimen or test results.

Z. Petitions filed pursuant to &#xA7; 16.1-283.3 for review of voluntary
agreements for continuation of services and support for persons who meet the
eligibility criteria for the Fostering Futures program set forth in &#xA7;
63.2-919.
			The ages specified in this law refer to the age of the child at the time of
the acts complained of in the petition.
			Notwithstanding any other provision of law, no fees shall be charged by a
sheriff for the service of any process in a proceeding pursuant to subdivision A
3, except as provided in subdivision A 6 of &#xA7; 17.1-272, or subsection B, D,
M, or R.
			Notwithstanding the provisions of &#xA7; 18.2-71, any physician who performs
an abortion in violation of subsection W shall be guilty of a Class 3
misdemeanor.
			Upon certification by the juvenile and domestic relations district court of
any felony charge and ancillary misdemeanor charge committed by an adult or when
an appeal of a conviction or adjudication of delinquency of an offense in the
juvenile and domestic relations district court is noted, jurisdiction as to such
charges shall vest in the circuit court, unless such case is reopened pursuant
to &#xA7; 16.1-133.1; a final judgment, order, or decree is modified, vacated,
or suspended pursuant to Supreme Court of Virginia Rule 1:1; or the appeal has
been withdrawn in the juvenile and domestic relations district court within 10
days pursuant to &#xA7; 16.1-133.

HISTORY: Code 1950, § 16.1-158; 1956, c. 555; 1960, c. 388; 1968, c. 225; 1970,
cc. 232, 600; 1973, c. 440; 1976, cc. 42, 324; 1977, cc. 525, 559; 1978, c. 648;
1979, cc. 597, 605, 628; 1980, cc. 527, 529; 1981, cc. 454, 475, 488, 491, 501,
502, 510; 1982, c. 46; 1983, c. 280; 1984, cc. 631, 645, 651, 665, 669; 1985, c.
270; 1986, cc. 59, 506; 1987, c. 632; 1988, cc. 797, 906; 1989, cc. 368, 733;
1990, cc. 704, 975; 1991, cc. 511, 715; 1992, cc. 585, 742; 1994, cc. 575, 719,
813, 859, 949; 1995, cc. 7, 665, 772, 826, 852; 1996, cc. 755, 914; 1997, cc.
690, 708; 1998, c. 829; 1999, cc. 697, 721, 1028; 2000, c. 830; 2003, cc. 229,
960, 962; 2004, c. 588; 2005, cc. 716, 839, 890; 2007, cc. 284, 370; 2008, cc.
164, 201; 2010, c. 402; 2012, cc. 424, 476, 507, 637; 2014, c. 653; 2017, c.
623; 2019, cc. 27, 412, 631; 2020, cc. 95, 732, 987, 988; 2021, Sp. Sess. I, cc.
187, 286; 2024, c. 737; 2025, cc. 143, 547.