                                 CODE OF VIRGINIA

VIOLATION OF COURT ORDER BY ANY PERSON (§ 16.1-292)

A. Any person violating an order of the juvenile court entered pursuant to
&#xA7;&#xA7; 16.1-278.2 through 16.1-278.19 or &#xA7; 16.1-284, including a
parent subject to an order issued pursuant to subdivision A 3 of &#xA7;
16.1-278.8, may be proceeded against (i) by an order requiring the person to
show cause why the order of the court entered pursuant to &#xA7;&#xA7;
16.1-278.2 through 16.1-278.19 has not been complied with, (ii) for contempt of
court pursuant to &#xA7; 16.1-69.24 or as otherwise provided in this section, or
(iii) by both. Except as otherwise expressly provided herein, nothing in this
chapter shall deprive the court of its power to punish summarily for contempt
for such acts as set forth in &#xA7; 18.2-456, or to punish for contempt after
notice and an opportunity for a hearing on the contempt except that confinement
in the case of a juvenile shall be in a secure facility for juveniles rather
than in jail and shall not exceed a period of seven days for each offense.
However, if the person violating the order was a juvenile at the time of the
original act and is 18 years of age or older when the court enters a disposition
for violation of the order, the judge may order confinement in jail. If a
juvenile is found to have violated a court order as a status offender, any order
of disposition of such violation confining the juvenile in a secure facility for
juveniles shall (a) identify the valid court order that has been violated; (b)
specify the factual basis for determining that there is reasonable cause to
believe that the juvenile has violated such order; (c) state the findings of
fact that support a determination that there is no appropriate less restrictive
alternative available to placing the juvenile in such a facility, with due
consideration to the best interest of the juvenile; (d) specify the length of
time of such confinement, not to exceed seven days; and (e) include a plan for
the juvenile&#8217;s release from such facility. Such order of confinement shall
not be renewed or extended.

B. Upon conviction of any party for contempt of court in failing or refusing to
comply with an order of a juvenile court for spousal support or child support
under &#xA7; 16.1-278.15, the court may commit and sentence such party to
confinement in a jail, workhouse, city farm, or work squad as provided in
&#xA7;&#xA7; 20-61 and 20-62, for a fixed or indeterminate period or until the
further order of the court. In no event, however, shall such sentence be imposed
for a period of more than 12 months. The sum or sums as provided for in &#xA7;
20-63 shall be paid as therein set forth, to be used for the support and
maintenance of the spouse or the child or children for whose benefit such order
or decree provided.

C. Notwithstanding the contempt power of the court, the court shall be limited
in the actions it may take with respect to a child violating the terms and
conditions of an order to those which the court could have taken at the time of
the court&#8217;s original disposition pursuant to &#xA7;&#xA7; 16.1-278.2
through 16.1-278.10, except as hereinafter provided. However, this limitation
shall not be construed to deprive the court of its power to (i) punish a child
summarily for contempt for acts set forth in &#xA7; 18.2-456 subject to the
provisions of subsection A or (ii) punish a child for contempt for violation of
a dispositional order in a delinquency proceeding after notice and an
opportunity for a hearing regarding such contempt, including acts of
disobedience of the court&#8217;s dispositional order which are committed
outside the presence of the court.

D. In the event a child in need of services is found to have willfully and
materially violated for a second or subsequent time the order of the court
pursuant to &#xA7; 16.1-278.4, the dispositional alternatives specified in
subdivision A 9 of &#xA7; 16.1-278.8 shall be available to the court.

E. In the event that a child in need of supervision is found to have willfully
and materially violated an order of the court pursuant to § 16.1-278.5, the
court may enter any of the following orders of disposition:

   1. Suspend the child&#8217;s motor vehicle driver&#8217;s license;

   2. Order any such child 14 years of age or older to be (i) placed in a foster
   home, group home, or other nonsecure residential facility or, (ii) if the
   court finds that such placement is not likely to meet the child&#8217;s needs,
   that all other treatment options in the community have been exhausted, and
   that secure placement is necessary in order to meet the child&#8217;s service
   needs, detained in a secure facility for a period of time not to exceed seven
   consecutive days for violation of any order of the court arising out of the
   same petition. The court shall state in its order for detention the basis for
   all findings required by this section. In addition, any order of disposition
   for such violation confining the child in a secure facility for juveniles
   shall (a) identify the valid court order that has been violated; (b) specify
   the factual basis for determining that there is reasonable cause to believe
   that the child has violated such order; (c) state the findings of fact that
   support a determination that there is no appropriate less restrictive
   alternative available to placing the child in such a facility, with due
   consideration to the best interest of the child; (d) specify the length of
   time of such confinement, not to exceed seven days; and (e) include a plan for
   the child&#8217;s release from such facility. Such order of confinement shall
   not be renewed or extended. When any child is detained in a secure facility
   pursuant to this section, the court shall direct the agency evaluating the
   child pursuant to &#xA7; 16.1-278.5 to reconvene the interdisciplinary team
   participating in such evaluation as promptly as possible to review its
   evaluation, develop further treatment plans as may be appropriate and submit
   its report to the court for its determination as to further treatment efforts
   either during or following the period the child is in secure detention. A
   juvenile may only be detained pursuant to this section in a detention home or
   other secure facility in compliance with standards established by the State
   Board. Any order issued pursuant to this subsection is a final order and is
   appealable to the circuit court as provided by law.

F. Nothing in this section shall be construed to reclassify a child in need of
services or in need of supervision as a delinquent.

HISTORY: 1977, c. 559; 1983, c. 501; 1985, cc. 1, 260; 1987, c. 632; 1988, c.
771; 1989, c. 725; 1990, c. 110; 1991, c. 534; 1993, c. 632; 1994, c. 21; 2000,
c. 978; 2016, c. 626; 2020, c. 593.