                                 CODE OF VIRGINIA

DELINQUENT JUVENILES (§ 16.1-278.8)

A. If a juvenile is found to be delinquent, except where such finding involves a
refusal to take a breath test in violation of § 18.2-268.2 or a similar
ordinance, the juvenile court or the circuit court may make any of the following
orders of disposition for his supervision, care and rehabilitation:

   1. Enter an order pursuant to the provisions of &#xA7; 16.1-278;

   2. Permit the juvenile to remain with his parent, subject to such conditions
   and limitations as the court may order with respect to the juvenile and his
   parent;

   3. Order the parent of a juvenile living with him to participate in such
   programs, cooperate in such treatment or be subject to such conditions and
   limitations as the court may order and as are designed for the rehabilitation
   of the juvenile and his parent;

   4. Defer disposition for a specific period of time established by the court
   with due regard for the gravity of the offense and the juvenile&#8217;s
   history, after which time the charge may be dismissed by the judge if the
   juvenile exhibits good behavior during the period for which disposition is
   deferred;

   5. Without entering a judgment of guilty and with the consent of the juvenile
   and his attorney, defer disposition of the delinquency charge for a specific
   period of time established by the court with due regard for the gravity of the
   offense and the juvenile&#8217;s history, and place the juvenile on probation
   under such conditions and limitations as the court may prescribe. Upon
   fulfillment of the terms and conditions, the court shall discharge the
   juvenile and dismiss the proceedings against him. Discharge and dismissal
   under these provisions shall be without adjudication of guilt;

   6. Order the parent of a juvenile with whom the juvenile does not reside to
   participate in such programs, cooperate in such treatment or be subject to
   such conditions and limitations as the court may order and as are designed for
   the rehabilitation of the juvenile where the court determines this
   participation to be in the best interest of the juvenile and other parties
   concerned and where the court determines it reasonable to expect the parent to
   be able to comply with such order;

   7. Place the juvenile on probation under such conditions and limitations as
   the court may prescribe;
   				7a. Place the juvenile on probation and order treatment for the abuse or
   dependence on alcohol or drugs in a program licensed by the Department of
   Behavioral Health and Developmental Services for the treatment of juveniles
   for substance abuse provided that (i) the juvenile has received a substance
   abuse screening and assessment pursuant to &#xA7; 16.1-273 and that such
   assessment reasonably indicates that the commission of the offense was
   motivated by, or closely related to, the habitual use of alcohol or drugs and
   indicates that the juvenile is in need of treatment for this condition; (ii)
   the juvenile has not previously been and is not currently being adjudicated
   for a violent juvenile felony; and (iii) such facility is available. Upon the
   juvenile&#8217;s withdrawal, removal, or refusal to comply with the conditions
   of participation in the program, he shall be brought before the court for a
   hearing at which the court may impose any other disposition authorized by this
   section. The court shall review such placements at 30-day intervals;

   8. Impose a fine not to exceed $500 upon such juvenile;

   9. Suspend the motor vehicle and driver&#8217;s license of such juvenile or
   impose a curfew on the juvenile as to the hours during which he may operate a
   motor vehicle. Any juvenile whose driver&#8217;s license is suspended may be
   referred for an assessment and subsequent referral to appropriate services,
   upon such terms and conditions as the court may order. The court, in its
   discretion and upon a demonstration of hardship, may authorize the use of a
   restricted permit to operate a motor vehicle by any juvenile who enters such
   program for any of the purposes set forth in subsection E of &#xA7; 18.2-271.1
   or for travel to and from school. The restricted permit shall be issued in
   accordance with the provisions of such subsection. However, only an abstract
   of the court order that identifies the juvenile and the conditions under which
   the restricted license is to be issued shall be sent to the Department of
   Motor Vehicles.
   				If a curfew is imposed, the juvenile shall surrender his driver&#8217;s
   license, which shall be held in the physical custody of the court during any
   period of curfew restriction. The court shall send an abstract of any order
   issued under the provisions of this section to the Department of Motor
   Vehicles, which shall preserve a record thereof. Notwithstanding the
   provisions of Article 12 (&#xA7; 16.1-299 et seq.) of this chapter or the
   provisions of Title 46.2, this record shall be available only to all
   law-enforcement officers, attorneys for the Commonwealth and courts. A copy of
   the court order, upon which shall be noted all curfew restrictions, shall be
   provided to the juvenile and shall contain such information regarding the
   juvenile as is reasonably necessary to identify him. The juvenile may operate
   a motor vehicle under the court order in accordance with its terms.
   				Any juvenile who operates a motor vehicle in violation of any restrictions
   imposed pursuant to this section is guilty of a violation of &#xA7; 46.2-301.
   				The Department of Motor Vehicles shall refuse to issue a driver&#8217;s
   license to any juvenile denied a driver&#8217;s license until such time as is
   stipulated in the court order or until notification by the court of withdrawal
   of the order imposing the curfew;

   10. Require the juvenile to make restitution or reparation to the aggrieved
   party or parties for actual damages or loss caused by the offense for which
   the juvenile was found to be delinquent;

   11. Require the juvenile to participate in a public service project under such
   conditions as the court prescribes;

   12. In case of traffic violations, impose only those penalties that are
   authorized to be imposed on adults for such violations. However, for those
   violations punishable by confinement if committed by an adult, confinement
   shall be imposed only as authorized by this title;

   13. Transfer legal custody to any of the following:
   				a. A relative or other individual who, after study, is found by the court
   to be qualified to receive and care for the juvenile;
   				b. A child welfare agency, private organization or facility that is
   licensed or otherwise authorized by law to receive and provide care for such
   juvenile. The court shall not transfer legal custody of a delinquent juvenile
   to an agency, organization or facility outside of the Commonwealth without the
   approval of the Director; or
   				c. The local board of social services of the county or city in which the
   court has jurisdiction or, at the discretion of the court, to the local board
   of the county or city in which the juvenile has residence if other than the
   county or city in which the court has jurisdiction. The board shall accept the
   juvenile for care and custody, provided that it has been given reasonable
   notice of the pendency of the case and an opportunity to be heard. However, in
   an emergency in the county or city in which the court has jurisdiction, such
   local board may be required to temporarily accept a juvenile for a period not
   to exceed 14 days without prior notice or an opportunity to be heard if the
   judge entering the placement order describes the emergency and the need for
   such temporary placement in the order. Nothing in this subdivision shall
   prohibit the commitment of a juvenile to any local board of social services in
   the Commonwealth when such local board consents to the commitment. The board
   to which the juvenile is committed shall have the final authority to determine
   the appropriate placement for the juvenile. Nothing herein shall limit the
   authority of the court to review the child&#8217;s status in foster care in
   accordance with subsection G of &#xA7; 16.1-281 or to review the foster care
   plan through a petition filed pursuant to subsection A of &#xA7; 16.1-282. Any
   order authorizing removal from the home and transferring legal custody of a
   juvenile to a local board of social services as provided in this subdivision
   shall be entered only upon a finding by the court that reasonable efforts have
   been made to prevent removal and that continued placement in the home would be
   contrary to the welfare of the juvenile, and the order shall so state;

   14. Unless waived by an agreement between the attorney for the Commonwealth
   and the juvenile and his attorney or other legal representative, upon
   consideration of the results of an investigation completed pursuant to &#xA7;
   16.1-273, commit the juvenile to the Department of Juvenile Justice, but only
   if (i) he is 11 years of age or older and has been adjudicated delinquent of
   an act enumerated in subsection B or C of &#xA7; 16.1-269.1 or (ii) he is 14
   years of age or older and the current offense is (a) an offense that would be
   a felony if committed by an adult, (b) an offense that would be a Class 1
   misdemeanor if committed by an adult and the juvenile has previously been
   found to be delinquent based on an offense that would be a felony if committed
   by an adult, or (c) an offense that would be a Class 1 misdemeanor if
   committed by an adult and the juvenile has previously been adjudicated
   delinquent of three or more offenses that would be a Class 1 misdemeanor if
   committed by an adult, and each such offense was not a part of a common act,
   transaction or scheme;

   15. Impose the penalty authorized by &#xA7; 16.1-284;

   16. Impose the penalty authorized by &#xA7; 16.1-284.1;

   17. Unless waived by an agreement between the attorney for the Commonwealth
   and the juvenile and his attorney or other legal representative, upon
   consideration of the results of an investigation completed pursuant to &#xA7;
   16.1-273, impose the penalty authorized by &#xA7; 16.1-285.1;

   18. Impose the penalty authorized by &#xA7; 16.1-278.9; or

   19. Require the juvenile to participate in a gang-activity prevention program
   including, but not limited to, programs funded under the Virginia Juvenile
   Community Crime Control Act pursuant to &#xA7; 16.1-309.7, if available, when
   a juvenile has been found delinquent of any of the following violations:
   &#xA7; 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57,
   18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or
   18.2-147, or any violation of a local ordinance adopted pursuant to &#xA7;
   15.2-1812.2.

B. If the court finds a juvenile delinquent of any of the following offenses,
the court shall require the juvenile to make at least partial restitution or
reparation for any property damage, for loss caused by the offense, or for
actual medical expenses incurred by the victim as a result of the offense:
&#xA7; 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-56, 18.2-57,
18.2-57.2, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or
18.2-147; or for any violation of a local ordinance adopted pursuant to &#xA7;
15.2-1812.2. The court shall further require the juvenile to participate in a
community service project under such conditions as the court prescribes.

HISTORY: 1991, c. 534; 1992, c. 830; 1994, cc. 859, 949; 1996, cc. 755, 914;
1997, c. 318; 1999, cc. 350, 622; 2000, cc. 954, 978, 981, 988, 1020, 1041;
2004, cc. 325, 462; 2005, c. 810; 2009, cc. 813, 840; 2014, cc. 20, 249; 2017,
c. 623; 2021, Sp. Sess. I, c. 115; 2022, cc. 305, 414, 415.